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HomeMy WebLinkAboutItem 1 - Attachment 2 - PC ResolutionRESOLUTION NO. PSPIS -0003 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A PLANNED SIGN PROGRAM PSP15 -0003 TO REGULATE WALL SIGNAGE FOR THE GATEWAY MARKETPLACE RETAIL CENTER LOCATED AT 40 NORTH FOURTH AVENUE WHEREAS, on September 30, 2015, a duly verified application for a Planned Sign Program was filed with the City of Chula Vista Development Services Department by Jones Sign (Applicant); and WHEREAS, the application requests approval of a Planned Sign Program to approve new wall signage for the Gateway Marketplace retail center on approximate 9.87 -acres (Project); and WHEREAS, the area of land that is the subject of this Resolution is an existing parcel located at 40 North Fourth Avenue (Project Site); and WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environinental Quality Act and has determined that the project qualifies for a Class 11 Categorical Exemption pursuant to Section 15311 (Accessory Structures) of the State CEQA Guidelines; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Planned Sign Program application, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely January 27, 2016 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby make the following findings: 1. That the proposed project, as conditioned, is consistent with the sign guidelines of the Chula Vista Municipal Code. The proposed wall signage for the major and shop tenants is consistent with the sign guidelines contained in Chapter 19.60 of the Chula Vista Municipal Code (CVMC) with the exception of the allowable sign area for major tenant wall signs along the north and south elevations of the major tenant building. Consistent with Section 19.60.050(J) which allows for deviations of sign criteria contained in a planned sign program by the Planning Commission, the Applicant has requested that sign area for major tenant wall signs along the north and south elevations of the major tenant building ,both aggregate and individual sign ATTACHMENT 2 PC Resolution PSP 15 -0003 January 27, 2016 Page 2 area, be increased. Dire to the proximity of the main building at the westcrn edge of the project site, this exception would allow additional visibility of the signs and also allow the tenant and secondary signs to be consistent in size with those along the eastern elevation 2. The project, as conditioned, is consistent with the design criteria approved for the City of Chula Vista Design Guidelines. The project is consistent with the design criteria for commercial signage contained in Chapter III of the City of Chula Vista Design Guidelines (CVDG). While the use of pylon signs is discouraged by the CVDG, there is only one pylon sign being proposed which will contain the names of the major tenants. The remaining three sign fronting North Fourth Avenue will be monument signs which vary in height between five and eight feet. In addition, a precise plan was previously approved by the City Council to allow said pylon sign. BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above, hereby approves the Planned Sign Program subject to the following conditions: I. The following shall be accomplished to the satisfaction of the Director of Development Services or designee, prior to issuance of building permits, unless otherwise specified: Development Planning Division 1. Prior to, or in conjunction with the issuance of the first building permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -3999. 2. The Applicant shall obtain approval of a sign permit, and a building permit if required, by the Development Services Director, for each sign approved in the Planned Sign Program. Signs shall comply with the approved Planned Sign Program, and all applicable provisions of the Building Code. 3. Freestanding and monument sign locations must conform to City of Chula Vista site distance requirements in accordance with the CVMC. 4. All signs must be placed within private property, unless an encroachhnent permit is obtained from the Engineering Department for any signs located within the right of way. Building Division S. The proposed Project shall comply with 2013 California Building Code (CBC), California Mechanical Code (CMC), California Plumbing Code (CPC), California Electrical Code (CED), California Fire Code (CFC), the 2008 California Energy Code, and the 2013 California Green Building Standards, as adopted and amended by the State of California and the City of Chula Vista. PC Resolution PS1115-0003 January 27, 2016 Page 3 6. The project must be designed by an Architect or Engineer licensed by the State of California as required by the California Business and Professions Code. II, The following on -going conditions shall apply to the Project Site as long as it relies on this approval: 1. Signage shall be installed in accordance with the Planned Sign Program. Additional signage requires an amendment approved by the Planning Commission of the approved Planned Sign Program. 2. Approval of the Planned Sign Program shall not waive compliance with any Sections of Title 19 of the CVMC, and all other applicable laws and regulations in effect at the time of building permit issuance. 3. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless the City, its City Council members, officers, employees and representatives, f'om and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval of this Planned Sign Program and (b) City's approval or issuance of any other permit or action, whether discretionary or non- discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Resolution where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 4. This Planned Sign Program shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14,260 of the CVMC. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. III, EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego. Failure to sign the document shall indicate the Property Owner /Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. PC Resolution PSP 15 -0003 January 27, 2016 Page 4 Signature of Property Owner Date Printed Name of Property Owner Signature of Applicant Date Printed Name of Applicant IV. GOVERNMENT CODE SECTION 66020(d)(1), NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(x) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this Project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. PC Resolution P S P 15 -0003 January 27, 2016 Page 5 VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Coininission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. Presented by: Kelly Broughton Director of Development Services Approved as to form by: Glen R. Googins City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 27th day of January 2016, by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: Yolanda Calvo, Chair ATTEST: Patricia Laughlin, Secretary