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HomeMy WebLinkAboutReso 2022-009 - Planned Sign Program DocuSign Envelope ID:A0824BOE-8763-4775-82F7-AF4D2CF63C1E Attachment 2 RESOLUTION NO. 2022-009 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A PLANNED SIGN PROGRAM FOR WALL SIGNS, PYLON SIGNS, AND A DIRECTIONAL SIGN FOR AN AUTOMOBILE DEALERSHIP LOCATED AT 1875 AUTO PARK AVENUE ON APPROXIMATELY 8.5- ACRES WITHIN THE AUTO PARK NORTH SPECIFIC PLAN AREA WHEREAS, on July 6, 2022, a duly verified application for a Planned Sign Program was filed with the City of Chula Vista Development Services Department by All Pro Signs, Inc. (Applicant); and WHEREAS the application requests approval of a Planned Sign Program for wall signs, pylon(pole) signs, and a directional sign, a total of nine signs, for a Mossy Chrysler, Jeep, Dodge, and Ram dealership located on approximately 8.5-acres (Project); and WHEREAS the area of land that is the subject of this Resolution is an existing parcel located at 1875 Auto Park Avenue (Project Site); and WHEREAS the Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project was adequately covered by a previously adopted Mitigated Negative Declaration (IS-02-006); and WHEREAS the Director of Development Services set the time and place for a hearing on the Project, 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 Chula Vista City 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 North Specific Plan and the Chula Vista Municipal Code. The proposed signs are consistent with the design guidelines and standards established by the Auto Park North Specific Plan and the Chula Vista Municipal Code (CVMC). CVMC Section 19.60.050(J) authorizes the Planning Commission to approve a sign program that modifies standards related to the size,height, illumination,spacing,orientation,or other non- communicative aspects of signs. Approval of this Project would establish site-specific sign regulations regarding such regulatory aspects as the size, height, spacing, location, and total number of signs. All signs on the site will be required to conform to the approved sign DocuSign Envelope ID:A0824BOE-B763-4775-82F7-AF4D2CF63C1 E PC Resolution 2022-009 October 26,2022 Page 2 program. All signs are compliant 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 North Specific Plan. The proposed wall signs, pylon signs, and directional sign are consistent with the Design Guidelines. The proposed sign colors and materials are compatible with the primary building's colors and materials, and, in accordance with the Design Guidelines,the proposed signs are complementary to the overall design of the dealership and consistent with the proportion and scale of elements within the building's facade. The additional height and overall size of the proposed signs are proportionate to the large scale of the primary building on the approximately 8.5-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. Unless otherwise specified, the following shall be accomplished to the satisfaction of the Director of Development Services or their designee prior to issuance of Building Permits: 1. Each sign approved in this Planned Sign Program shall obtain a Sign Permit and Building Permit if required by the Director of Development Services. Signs shall comply with the approved sign program and all applicable provisions of the Building Code. 2. Freestanding sign locations must conform to City of Chula Vista site distance requirements in accordance with the CVMC. 3. All signs must be placed on private property unless an Encroachment Permit is obtained from the Engineering Department for any signs located within the right-of-way. 11. The following ongoing conditions shall apply to the Project Site as long as it relies upon this approval: 1. Signage shall be installed in accordance with the Planned Sign Program. Additional signage shall require amendment of this 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 DocuSign Envelope ID:A0824BOE-B763-4775-82F7-AF4D2CF63C1E PC Resolution 2022-009 October 26,2022 Page 3 attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) the City's approval of this Planned Sign Program; (b) the 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 of 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. 111. 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; that any such protest must be in a manner that complies with Government Code Section 66020(a); and that failure to follow this procedure in a timely manner 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, nor does it apply to any fees, dedication, reservations, or other exactions that have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. IV. 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. E1DocuSigned by: tv Ntssy 1112112022 7WAMEB1514F5... Peter Mossy Date Property Owner DocuSigned by: 1112112022 Marco Nunez Date Applicant DocuS!gn Envelope ID:A0824BOE-6763-4775-82F7-AF4D2CF63C1 E PC Resolution 2022-009 October 26,2022 Page 4 V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to be met, or in the case that 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. Presented by: Approved as to form by: DOCUSIgned by: DoCuSigned by: Laura ffk"ATP Glen 'qqg4446F Interim Director of Development Services City Attorney DocuSign Envelope ID:A0824BOE-B763-4775-82F7-AF4D2CF63C1 E PC Resolution 2022-009 October 26,2022 Page 5 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 26th day of October 2022, by the following vote, to-wit: AYES: Combs, Felber, Torres, Zaker NOES: 0 ABSENT: Burroughs, De La Rosa, Milburn ABSTAIN: 0 DocuSigned by: FA;�_' /latv Max ZakeT—A75269DB61E84A3 Chair ATTEST: DocuSigned by: Patri&a-%jV2fdJM4 Secretary