HomeMy WebLinkAboutResolution 2024-05Attachment 2
RESOLUTION NO. 2024-05
RESOLUTION OF THE PLANNING COMMISION OF THE CITY OF CHULA
VISTA ISSUING A COASTAL DEVELOPMENT PERMIT AND APPROVING
PLANNED SIGN PROGRAM PSP23-0002 FOR AN EXISTING INDUSTRIAL
SITE ON APPROXIMATELY 8.72 ACRES IN THE GENERAL INDUSTRIAL
(IG) ZONE OF THE BAYFRONT SPECIFIC PLAN
WHEREAS, on May 3, 2023, a duly verified application for a Planned Sign Program was
filed with the City of Chula Vista Development Services Department by PSIP Wohl Bay
Boulevard, LLC (“Applicant”); and
WHEREAS, the Applicant requests approval of a Planned Sign Program on an interim
basis, consisting of two (2) tenant wall signs, two (2) building address wall signs, and one (1)
project identification sign on an 8.72-acre parcel within the General Industrial (IG) zone of the
Bayfront Specific Plan (“Project”); and
WHEREAS, the area of land that is the subject of this Resolution is an existing industrial
site identified by Assessor’s Parcel Number 571-330-35 and located at the northwest corner of H
Street and Bay Boulevard (“Project Site”); and
WHEREAS, the Project Site is in the non-appealable area of the coastal zone within the
City of Chula Vista’s jurisdiction, and the proposed Project constitutes development as defined in
the Bayfront Specific Plan; and
WHEREAS, the Director of Development Services has reviewed the Project for
compliance with the California Environmental Quality Act (“CEQA”) and determined that the
Project qualifies for a Class 11 categorical exemption pursuant to section 15311 (Accessory
Structures) of the CEQA Guidelines and no further environmental review is required; 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 the Coastal Commission and 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 before the Planning Commission at 6:00 p.m. on
Wednesday, March 27, 2024, in the Chula Vista City Council Chambers, 276 Fourth Avenue, 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. The proposed Project, as conditioned, will enhance the character of the Bayfront and
assist in creating a distinctive atmosphere for it.
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The intent of the Bayfront Specific Plan sign program is to establish a format for imaginative
sign design appropriate for the Bayfront. The Bayfront Sign Program includes a phasing plan
to address changing business needs in different stages of Bayfront development. The interim
phase includes the early period of Bayfront redevelopment; during this phase, sign
regulations are more relaxed. However, when the Bayfront is sufficiently developed, the need
for abundant signage will decrease because the Bayfront will have been established and can
attract business traffic on its own.
Because business needs will change as the Bayfront develops, signage may be allowed more
liberally in the interim stage of Bayfront’s development. The sign program (Chula Vista
Municipal Code Chapter 19.85, Appendix B) also authorizes this commission to allow an
individual project to deviate from established guidelines if the character of the Bayfront will
be enhanced by its action.
While the sign program would limit the proposed Project to two wall signs or one ground
sign only, allowing both wall and ground signs will draw attention to the
Bayfront from passersby along the adjacent Interstate 5 as well as from those within the
Bayfront area itself. As one of the first redevelopments within the specific plan area, given
its proximity to the specific plan area boundary, the proposed Project should be seen as the
first step in attracting ground-level business activity to the Bayfront, and applies during the
interim stage of the development of the Bayfront. Additional signage will signify to the
greater community that the Bayfront is open to and for businesses.
The proposed signs are generally consistent with the design guidelines and standards
established by the Bayfront Specific Plan and the Chula Vista Municipal Code (“CVMC”)
as they relate to size, height, illumination, spacing, orientation, and/or other non-
communicative aspects of signs. The proposed gateway sign is, by necessity, much larger
than the 50-square foot maximum sign area because it will serve as a primary identifier for
the Project. The sign maintains a sense of scale relative to the Bayfront’s generally flat
topography and will be integrated with the surrounding environment, featuring lighting that
will be harmonious with the existing building’s architecture.
2. The proposed Project, as conditioned, is consistent with the design guidelines approved
for the Chula Vista Bayfront Specific Plan.
The proposed sign colors and materials create a graphic identification that is consistent and
architecturally compatible with the existing industrial building. Because the Project is still
subject to the dictates of the Chula Vista Local Coastal Program, the Project must be in
accordance with the design guidelines of the Bayfront Specific Plan. This sign program’s
design is symbolic to the business and represents both the Chula Vista Bayfront history and
the working waterfront of industries and businesses dedicated to trade, recreation, commerce,
and tourism along the San Diego Bay.
BE IT FURTHER RESOLVED that the Planning Commission, based on the findings
above, does hereby approve Planned Sign Program PSP23-0002 and issues a Coastal Development
Permit for implementation of said program, subject to the following conditions:
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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 any sign or
building permits:
1. Signs shall comply with this approved sign program and all applicable provisions of
the California Building Code, the Bayfront Specific Plan, and the CVMC.
2. All signs must be placed on private property unless an encroachment permit is obtained
from the City for any signs located within the public right-of-way.
3. All proposed signage shall conform to the City of Chula Vista’s sight distance visibility
requirements in accordance with CVMC sections 12.12.120 and 12.12.130 and Chula
Vista Design Standard RWY-05. Signs shall not obstruct the visibility of drivers at
street intersections and/or driveways.
II. The following ongoing conditions shall apply to the Project for as long as it relies upon
this approval:
1. Each sign approved in this Planned Sign Program shall obtain a sign permit and
building permit if required by the Bayfront Specific Plan, the CVMC, or the Director
of Development Services. Signage shall be installed in accordance with this approved
sign program, and approval of additional signage not authorized by this Resolution
shall require amendment of this Planned Sign Program by the Zoning Administrator.
2. Approval of this Planned Sign Program shall not waive compliance with any applicable
provisions of the CVMC nor any other applicable laws and regulations in effect at the
time of permit issuance.
3. The Applicant shall and does agree to fully and timely 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)
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 Applicant shall acknowledge their agreement to this
provision by executing a copy of this Resolution where indicated below. The
Applicant’s compliance with this provision shall be binding on any and all of the
Applicant’s successors and assigns.
4. This Planned Sign Program shall become void and ineffective if not utilized within
three (3) years of the effective date thereof (April 11, 2027), in accordance with CVMC
section 19.14.260. Failure to comply with any conditions of approval shall cause this
program to be reviewed by the City for additional conditions or revocation.
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III. 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/Applicant shall execute this document signing on the lines provided
below, indicating that they have 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.
________________________________ _______________________
Emil Wohl Date
for PSIP Wohl Bay Boulevard, LLC
Property Owner/Applicant
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fails 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 approval may also result in the imposition of civil or criminal penalties.
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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:
_________________________ _______________________
Laura C. Black, AICP for Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak
Acting City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE C ITY OF CHULA
VISTA, CALIFORNIA, this 27th day of March 2024, by the following vote, to-wit:
AYES: Combs, Felber, Leal, Torres, Zaker, De La Rosa
NOES:
ABSENT: Burroughs
ABSTAIN:
______________________________
Michael De La Rosa
Chair
ATTEST:
____________________________
Mariluz Zepeda
Secretary
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