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HomeMy WebLinkAboutItem 2 - Attachment 3 - Resolution PSP18-0004 RESOLUTION NO. PSP18-004 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A PLANNED SIGN PROGRAM FOR NEW WALL SIGNS, POLE SIGN, DIRECTIONAL SIGN, AND A TOWER SIGN FOR A BMW DEALERSHIP ON APPROXIMATELY 4.2 ACRES LOCATED AT 670 MAIN STREET. APPLICANT: SUNROAD CHULA VISTA LAND, INC. WHEREAS, on September 19, 2018, a duly verified application for a Planned Sign Program was filed with the City of Chula Vista Development Services Department by Sunroad Chula Vista Land, Inc. (Applicant); and WHEREAS, the application requests approval of a Planned Sign Program to approve new wall signs, pole sign, directional sign, and a tower sign for a BMW Dealership on approximate 4.2 acres (Project); and WHEREAS, the area of land that is the subject of this Resolution is an existing parcel located at 670 Main Street (Project Site); and WHEREAS, the Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously adopted Mitigated Negative Declaration (IS-02-010), for the Chula Vista Auto Park East Specific Plan. Thus, no further environmental review is required; 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 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 adopted for the Auto Park East Specific Plan and the Chula Vista Municipal Code. The majority of the proposed signs are not in conformance with Chula Vista Municipal Code (CVMC) Chapter 19.60. In addition, CVMC Chapter 19.60 does not address directional signs. However, CVMC Section 19.60.050J allows a planned sign program when approved by the Planning Commission or the City Council, to modify the rules as to the sign size, Attachment 3 Page 2 January 23, 2019 height, illumination, spacing, orientation or other non-communicative aspects of signs. In accordance with CVMC Section 19.60.050J, approval of the Planned Sign Program by the Planning Commission would establish site specific sign regulations with regard to such regulatory aspects of signs as sign size, height, spacing, location, and total number of signs. All signs placed on site will be required to conform to the approved sign program. All signs are in compliance with the Design Guidelines in terms of sign design, compatibility, and placement. 2. The project, as conditioned, is consistent with the design guidelines approved for the Auto Park East Specific Plan. The proposed wall signs, pole sign, directional sign, and a tower sign are consistent with the Design Guidelines. Sign colors and materials are compatible with the proposed building colors and materials. In accordance with the Design Guidelines, signs should provide visual clues to business locations and not adversely affect the design integrity of buildings. The signs are complementary to the design of the center. In accordance with the Design Guidelines, signs should be consistent with the proportion and scale of building elements within the facade. The additional height and overall size of the signs are in proportion to the large scale of the proposed building that is located on an approximant 4.2 acre site. 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 Development Services Director, 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 DDA0040. 2. Obtain approval of a sign permit, and a building permit if required by the Director of Development Services, for each sign approved in the Planned Sign Program. Signs shall comply with the approved sign program, and all applicable provisions of the Building Code. 3. Freestanding 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 Encroachment Permit is obtained from the Engineering Department for any signs located within the right of way. 5. The tower sign shall adhere to the exterior lighting standards and the Photometric Study to prevent any light spill onto the adjacent City of Chula Vista’s Preserve area. Details for said lighting shall be included in the Architectural Plans and shall be reviewed and Page 3 January 23, 2019 approved to the satisfaction of the Director of Development Services, or designee, prior to the issuance of the Building Permit. 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 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, nor any 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, Planning Commission Members, officers, employees and representatives, from 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; (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 and (c) any environmental determinations for the Project. 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 signed and returned to the City’s Development Services Department. ________________________________ _______________________ Signature of Property Owner Date ________________________________ _______________________ Name of Property Owner Date Page 4 January 23, 2019 ________________________________ _______________________ Signature of Applicant Date ________________________________ _______________________ Name of Applicant Date 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 Government Code Section 66020(a) and failure to timely follow 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. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission 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. Page 5 January 23, 2019 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of January 2019, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Gabe Gutierrez, Chair ATTEST: ____________________________ Patricia Salvacion, Secretary Presented by: Approved as to form by: _________________________ _____________________ Kelly Broughton Glen R. Googins Director of Development Services City Attorney