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HomeMy WebLinkAboutPlanning Comm Reports /2007/08/08 MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. VVednesday, August 8, 2007 City Hall Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: ROLL CALL I MOTIONS TO EXCUSE: Planning Commission: Felber Vinson Moctezuma_Bensoussan_ Tripp_Clay ton_ Speth man_ PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE: APPROVAL OF MINUTES: July 25, 2007 ORAL COMMUNICATIONS: Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commissions' jurisdiction, but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. INFORMATION ITEM: Informational presentation on the update of Mobilehome Closure Ordinance (CVMC 9.40 &9.60). Presenters: Mandy Mills, Housing Manager, Stacey Kurz, Sr. Com. Development Specialist Planning Commission Agenda -2- August 8, 2007 2. PUBLIC HEARING: PCM 05-13; Request to amend the Freeway Commercial Sectional Planning Area (SPA) Plan to increase the allowable square footage of the Otay Ranch Town Center by 93,000 square feet from 867,000 square feet to 960,000 square feet. Applicant: General Growth Properties. (Legislative) Project Manager: Rick Rosaler, Principal Planner 3. PUBLIC HEARING: PCA 08-01; Zoning Ordinance Amendment proposal to amend the Chula Vista Municipal Code to add definitions and informational language to Sections 19.60.060 and 19.60.600 of the Sign Ordinance. (Legislative) Project Manager: Doug Leeper, Code Enforcement Manager DIRECTOR'S REPORT: COMMISSION COMMENTS: ADJOURNMENT: To a regular Planning Commission meeting on August 22, 2007. MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. July 25, 2007 Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: ROLL CALL / MOTIONS TO EXCUSE: Members Present: Felber, Vinson, Moctezuma, Bensoussan, Tripp, Clayton, Absent: Spethman MSC (Moctezuma/Clayton) to excuse Cmr. Spethman. Motion carried. 6:1238 PM INTRODUCTORY REMARKS: Read into the record by Chair Tripp. APPROVAL OF MINUTES: June 13, 2007 MSC (Vinson/Clayton) (6-0-1-0) to approve minutes of June 13, 2007 as submitted. Motion carried. 6:14:20 PM ORAL COMMUNICATION: Steve Molski addressed the Commission inquiring who would be the proper staff to contact with questions regarding the proposed Mobilehome Closure Ordinance. Staff referred him to Mandy Mills in Community Development. 6: 18:42 PM 1. Special Order of Business: Appointment of a Planning Commission Representative to serve on the selection panel for the consultant to facilitate Southwest Community Outreach Effort. Nancy Lytle reported that as part of the civic engagement effort, the City is looking for representatives to serve on a selection panel to interview and select an independent consultant to do community outreach that would include all sectors of the community. Minutes of the Planning Commission - 2 - July 25, 2007 Cmrs. Tripp and Bensoussan expressed an interest in servicing on the selection panel. MSC (Clayton/Bensoussan) that Bill Tripp be nominated as the Planning Commission representative to serve on the selection panel for the consultant to facilitate Southwest Community Outreach Effort. Motion carried. 2. Public Hearing: PCZ 06-06; Consideration of a zoning modification to change the existing zone classification from R-3 P-O, Apartment Residential/Precise Plan, nine dwelling units per acre to ILP, Limited Industrial/Precise Plan, for a 1.0-acre parcel located at 696 Naples street. Health Advances. 6:39:14 PM Rich Zumwalt reported that as part of the Montgomery Annexation, a 3.5 square mile territory annex to the City in December 1985, the one-acre parcel being considered tonight was rezoned to R-3 P-9 (Apartment Residential) to allow residential density in keeping with the density anticipated by the Montgomery Specific Plan. The site was used for many years as a packaging facility and then as a fertilizer business. The current occupant, Health Advances, uses the site to package vitamins. This rezoning request is in accordance with the recently-adopted General Plan to change the multi-family residential land use back to Limited Industrial. Staff Recommendation: That the Planning Commission adopt resolution recommending that the City Council approve an amendment to the Zoning Maps established by Section 19.18.010 of the Municipal Code, rezoning one acre at 696 Naples Street from Apartment Residential to Limited Industrial, based on the findings contained in the draft City Council Ordinance. The Commission asked general questions regarding the length of time this facility has been in operation, and other operational, traffic and environmental impacts to the surrounding area. Public Hearing Opened. 6:55:15 PM Mr. Graham, representative, stated that there is minimal truck traffic generated at the site; at maximum three trucks per day. With regard to noise and environmental issues, i.e. odors emanating from within the facility, this is a "clean room facility", meaning it is an environmentally contain facility. The facility operates a state-of- the-art air filtrating system that outputs exhaust air that is cleaner than the air that comes in. Mr. Graham stated that the building has been in existence since the 1950's and the nutriceutical supplement manufacturing/bottling facility has been operating for nine years. Public Hearing Closed. Minutes of the Planning Commission - 3 - July 25, 2007 MSC (Felber/Moctezuma) (6-0-1-0) that the Planning Commission adopt resolution recommending that the City Council approve an amendment to the Zoning Maps established by Section 19.18.010 of the Municipal Code, rezoning one acre at 696 Naples Street from Apartment Residential to Limited Industrial, based on the findings contained in the draft City Council Ordinance. Motion carried. 3. Information Item: Code Enforcement Overview. Staff has pulled this item indefinitely. Director's Report. Jim Hare reported that having confirmed quorums for both the City Council and GMOC, the Joint Planning Commission/City Council/GMOC meeting is moving forward in the plans to be held on August 2nd Recognizing that there is a conflict with a RAC meeting being held that same evening and some members of the Planning Commission serving on that Committee, Assistant Director Hare polled the Commission to ensure that there would be a quorum on August 2nd. ; the Commission confirmed a quorum. Commission Comments: Cmr. Bensoussan announced that on August 18, there will be a fund-raiser open-house and ice-cream social at a late 19th Century 18-room Victorian mansion located in National City that was the home of Colonel Dickenson. The proceeds will go toward the Comprehensive Survey of Historic Homes in Chula Vista and to kick-off the planning of Centennial celebrations. Cmr. Felber reported that the Rancho Del Rey K-Mart driveway entrance and parking lot is severely deteriorated with large pot-holes. He passed along this referral to have staff check into the tenant's responsibility to upkeep the property and/or to refer it to Code Enforcement. Cmr. Clayton, reported that in the 400 block of Third Avenue behind the Quilt Shop, there is a "mobile mini" (storage unit) in the alley way that is obstructing free-flow traffic in the alley area, and it has come to her attention that they are planning to situate a second unit on the premises; it is her understanding that these units are only allowed temporarily. Assistant Director Hare stated he would refer the matter to Code Enforcement. 7:13:08 PM Meeting adjournment to a Joint Planning Commission / City Council / GMOC meeting on August 2,2007. Submitted by: Diana Vargas, Secretary to the Planning Commission Page 1, Item:_1_ Meeting Date: 8/08/07 (HULA VISTA PLANNING COMMISSION AGENDA STATEMENT PLANNING COMMISSION AGENDA STATEMENT ITEM TITLE: INFORMATIONAL PRESENTATION ON THE UPDATE OF MOBILEHOME CLOSURE ORDINANCE (CVMC 9.40 & 9.60\. SUBMITTED BY: AMANDA MILLS, HOUSING MANAGER INTRODUCTION: The Community Development Department has been working on an update to the Mobilehome and Trailer Park Conversion Ordinance (Chula Vista Municipal Code (CVMC) Sections 9.40 and 9.60) since February of this year. Originally adopted in 1989, the ordinance supplements State law (Government Code section 65863.7) governing the closure procedure for mobilehome and trailer parks by addressing impacts on and requirements for compensating displaced park residents. Community Development staff will be providing a presentation on the update process and proposed staff recommended changes to the ordinance. This item is coming before the Planning Commission as an informational item and will be the only opportunity for questions of staff or Planning Commission comments on the proposed ordinance change. Staff will be making informational presentations on this subject before the Mobilehome Home Rent Review Commission (MHRRC) and Chula Vista Redevelopment Corporation (CVRC). The Housing Advisory Commission is the only body with advisory authority on this topic. Comments from the various commissions will be reflected in the final report to the City Council. BACKGROUND: In October 2006, the City Council approved the establishment of a Mobilehome Overlay District in the General Plan. This action resulted from concerns that proposed rezoning of mobilehome and trailer parks in the Urban Core and some other areas of the City to conform to the recently updated General Plan could increase changes in land use, and thus increase the number of park closures and displaced park residents. At the same time, it was acknowledged that the City's Mobilehome and Page 2, Item: Meeting Date: 8108107 Trailer Park Conversion Ordinance was outdated, and in need of updating. The update is intended to ensure that when a change of use is contemplated for an existing mobilehome or trailer park, the relocation impacts on displaced residents are properly addressed. The process has been guided by a City technical team consisting of staff from Community Development, Planning & Building (Code Enforcement) and the City Attorney's office. A public outreach component was conducted for approximately 6 months to engage the general public and both owner and resident stakeholder groups in discussion about potential changes. A total of 12 meetings were held, which included some in Spanish. Also, the City mailed every mobilehome resident a postcard informing them about the process. During the first round of workshops five major topic areas were identified for updating. A summary ofthe current ordinance and associated issues relating to each topic are provided below. Right of First Refusal to Purchase Park CVMC 9.60: Provides that any resident organization entitled to notice of a listing of a mobilehome park for sale or notice of any offer to sell the park to any party pursuant to Civil Code section 798.80 shall have the right to purchase the mobilehome park, provided that the resident organization meets the price and terms and conditions of a purchase offer acceptable to the mobilehome park owner. Issue: Residents want the right to purchase the mobilehome park after being notified of a listing of a mobilehome park for sale or notice of any offer to sell the park, even if there is no resident organization. A charter city may not require a mobilehome park owner to grant park residents a right of first refusal before the owner accepts an offer to sell the park. Notification of Intent to Close CVMC 9.40: Does not currently identifY an amount of time that residents must be notified. If the change of use of the mobilhome park does not require a local governmental permit, State law requires notice to be given 12 months or more prior to the management's determination that a change of use will occur. If the change of use requires a governmental permit, management must give at least 15 days' written notice that management will be appearing before the local governmental board to request permits for a change of use. Then, after all required permits for the change of use have been approved, management must give at least six months' notice of termination oftenancy. Issue: Residents and owners have expressed interest in having a determined amount of time in which notice must be given. Relocation Assistance to Tenants (Renters) CVMC 9.40: Requires the applicant to identifY relocation assistance for mobilehome owners and does not provide assistance for occupants renting mobilehomes. Issue: Should renters be provided with some type of assistance? Mobilehome Relocation CVMC 9.40: Identifies relocation assistance for low- and moderate-income mobilehome or Page 3, Item: Meeting Date: 8/08/07 trailer owner/occupants in the form of payment by the park owner of 75 percent, up to a maximum of $3,000, of the cost of relocating the mobilehome or trailer to another mobilehome or trailer park within 100 miles. Issue: Cost to relocate mobilehomes often exceeds this amount and only addresses income eligible residents. Mobilehome Value CVMC 9.40: When a coach is unable to be moved, the City's code determines the value of mobilehomes by standard insurance replacement criteria. Issue: State law says that the legislative body may require, as a condition of the change in use, steps to mitigate any adverse impact of the mobilehome closure and that the steps required to be taken to mitigate shall not exceed the reasonable costs of relocation. What is reasonable cost of relocation? The owners and residents disagree on how to determine the value of the mobilehome; the fair market "on site" value or the "pull- off" value, which is the coach value excluding the value of the coach being in that mobilehome park. After the first round of workshops, staff drafted three options for presentation to the public and stakeholders. Their comments were incorporated into staff research of other jurisdictional ordinances and a final staff recommendation was drafted and presented at a third and final round of public and stakeholder workshops. Attachment I provides a summary of the current ordinance, options presented during the second round of workshops, staffs proposed recommendations, and comments received during the public outreach process. While various comments have been received during the public outreach process, the most highly debated issue is how mobilehomes and trailers should be valued in situations where they cannot be relocated due to age, condition or lack of available space. There are various options that can be considered for valuing a mobilehome including: _ Replacement Cost - cost to get a resident in a new comparable mobilehome _ Depreciated Replacement Cost (currently proposed) - replacement cost minus depreciation of the structure _ Fair Market Value - depreciated replacement cost plus park additive/"blue sky" value (value of the lease to have rights to the space/land) _ Hybrid - averaging two of the above values or a % of a value RECOMMENDATION: This matter is presented only as an information item to Planning Commission. Staff will receive any comments by the Commissioners and the public, should the Commission choose opening of the item for public testimony. The Housing Advisory Commission has the responsibility to review the draft ordinance and make final recommendations to the City Council. The Housing Advisory Commission is scheduled to review this matter on August 13th. A ttaehment. 1. 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P.. - uo <: S' ';; S ~'O a:)::I 5i ~ '0 ~ (1) 2- ~ 3. a if ~ ~ 16 (1) @ "~'- Jg' ~ ~ g '" I" e; ~ ~3 @;f .g~ n ~o ~ Q' ~ [ ~ ~ ~ ~ '" ~ [ ! ~ ~ ~. 3 " 'V "J_ B5~~:S:~ ~ - :::J g ~ !!. C 0'-<: '" .....~-"'''' '0 g- a is e; g:~"O ~g.u9.. ~ rD P.. o ~. ~. ~ [ -0 e; o " " 0 g ~ ~ g I "" Q 3 ~ ~ "" " o eo ~ "" ~ ~ 5. ~ o s: ;; '" o 3 ~ -< . =- ~ en e ;:: ~ " ~ < o ." '" e "' t'" - (") o e .., [:; " (") :I: '" " o (") '" en en (") o ~ PLANNING COMMISSION AGENDA STATEMENT Item: -3 Meeting Date: 08-08-07 ITEM TITLE: Public Hearing: Zoning Ordinance Amendment PCA-08-01, proposal to amend the Chula Vista Municipal Code to add definitions and informational language to Sections 19.60.060 and 19.60.600 of the Sign Ordinance. Applicant: City of Chula Vista The proposal is to amend sections 19.60.060 Definitions and 19.60.600 Specialty Signs of the Chula Vista Municipal Code. RECOMMENDATION: That the Planning Commission recommends to the City Council adoption of the attached amendments to Sections 19.60.060 ("Definitions") and 19.60.600 ("Specialty Signs") of the Chula Vista Municipal Code. ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is not a possibility that the activity may have significant effect on the environment; therefore, pursuant to Section 15061(b)(3) (General Rule) of the State CEQA Guidelines the activity is not subject to CEQA. DISCUSSION: 1. Background This item is being brought forward as a result of requests and inquiries from numerous individuals concerned about the ability of real estate agents to adequately advertise open houses. The issue has become increasingly important as the downturn in the housing market continues. Several homeowners have voiced frustration that, due in large part to the design of Chula Vista's newer communities, it is impossible for their agents to adequately advertise their open house within the current restrictions in Section 19.60.600. Upon review of the current regulations it was determined that those regulations were adopted approximately twenty years ago before the design and creation of Chula Vista's newer neighborhoods. It was also determined that these regulations were passed, in part, so as not to allow any signage in the public right of way that might present a traffic or pedestrian hazard, or interfere with landscape and infrastructure and its maintenance. Page 2,Item: Meeting Date: 8-8-2007 Staff discussed the potential for allowing real estate agents the ability to use certain portions of the public right of way during designated days and times but felt there would be issues with the unconstitutionality of regulating the content of such signs. It was determined that if the City was to allow open house signs it must allow any sign regardless of content. A draft ordinance was presented to the City Attorney's Office, Public Works Department, Engineering Department and the Planning and Building Department. The draft places strict limits on the time, place and manner such signs can be placed in the public right of way and requires that an application and fee be submitted to the City before any sign may be placed in the public right of way. After further discussion, staff concluded that amending Chapter 19.60 to allow for temporary placement of portable signs in the public right of way would be beyond the scope of the chapter as it addresses signage on private property. It was decided to establish a new section within Title 12, Streets and Sidewalks as it more appropriately addresses encroachments and uses within the public right of way. In order to facilitate the new chapter in Title 12, additional definitions and language must be added to Sections 19.60.060 Definitions and 19.60.600 Specialty Signs. 2. Analysis After a review of the issues and potentially negative impact of a real estate agent's inability to adequately market an open house and given the potential unconstitutionality of only allowing open house signs within the public right of way, staff determined that the addition of a new chapter in Title 12 Streets and Sidewalks would best address the concerns of the residents of the City of Chula Vista. Upon review of the proposed addition to Title 12 it was determined that additional definitions and amended language would be required to Sections 19.60.060 Definitions and 19.60.600 Specialty Signs to allow for the proposed addition to the Chula Vista Municipal Code. Conclusion For the reasons mentioned above, staff recommends that the Planning Commission adopt the attached Planning Commission Resolution recommending City Council approval of the proposed Zoning Ordinance amendment. Attachments: I. Draft Planning Commission resolution 2. Proposed amendments to CVMC 19.60 3. Draft Ordinance addition to Title 12 4Tr4CH.\..tEArr RESOLUTION NO. PCA-08-01 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 19.60 WHEREAS, the City ofChula Vista has been approached by several concerned residents; and WHEREAS, the Chula Vista Municipal Code currently prohibits the placement of signs in the public right of way; and WHEREAS, the City of Chula Vista may allow the use of its public rights of way under ordinance and/or City Council Policy; and WHEREAS, the City of Chula Vista has proposed a new chapter be added to Title 12 Streets and Sidewalks to allow for the placement of temporary portable signs within designated areas of public rights of way; and WHEREAS, the adoption of an additional chapter to Title 12 will reqUIre amendments to Title 19 in order to be fully effective; and WHEREAS, the Environmental Review Coordinator has determined that the proposed ordinance amendment is exempt pursuant to Section 15061(b)(3)(General Rule) of the State CEQA Guidelines; and, WHEREAS, the Planning Commission set the time and place for a hearing on the proposed amendment and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City as least ten days prior to the hearing, and, WHEREAS, the hearing was held at the time and place as advertised, namely Augusta 8, 2007, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and after the item was heard and public comment received the hearing was closed. NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE HEARING, THE PLANNING COMMISSION finds as follows: ]. That well regulated and monitored temporary placement of portable signs in designated portions of public rights of way can be of economic benefit to the community, and 2. Temporary portable signs can be adequately regulated through a proactive code enforcement program, and 3. Recommends that the City Council adopt the ordinance as shown in Attachment "A". BE IT FURTHER RESOLVED THAT a copy of this resolution and its attachment be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of August, 2007, by the following vote, to- wit: AYES: NOES: ABSENT: ABSTENTIONS: Bill Tripp, Chair Diana Vargas Secretary to Planning Commission fl--7(-'t<=-tr-'\..lCN( L 19.60.060 Definitions. "Balloon" means any rubber. plastic, Mvlar or other material cavable ofbeim! inflated with air or other fias. "Illegal sign" means: (a) any sign originally erected or installed without first complying with all structural, locational, design, building, and electrical regulations in effect at the time of its construction or installation; (b) any sign that is not maintained, or is not used to identify or advertise an ongoing establishment, occupancy, product, good or service available on the site of the sign for more than 90 days; (c) any unsafe sign; (d) any legal nonconforming sign that has not been removed following the expiration of the IS-year amortization period provided for in this chapter; and (e) any sign that is in violation of the provisions of this chapter (f) any shm that is in violation of 1250 CVMC. "Pennant" means. any li//htweillht. vlastic. fabric. or other material, whether or not containinf! a messafle of any. kind. susvended from a rove. wire, strinfl. stick or vole whether individually or in a series, desimed to move in the wind and draw attention to a sifin, vlace, vroduct and/or event. "Streamer" see vennant. "Temvorarv Public Riflht of Way Sifln Permit" means the official self- adhesive serialized stickers, which contain the City 10fio and avvrovriate calendar Year issued by the City under CVMC 12.50. 19.60.600 Specialty signs. The signs described in this section are based on the legal use of the land on a particular parcel. C. Real Estate Signs. On any parcel or separately rentable portion thereof, sign(s) pertaining to economic transactions regarding the property (such as sale, rental, lease, exchange, etc.) is allowed, subject to the land owner's consent and: I. Maximum Sign Area. Commercial and industrial zones, 32 square feet; agricultural zones, 32 square feet for undeveloped acreage of one acre or more, otherwise 4.5 square feet; residential zones, 4.5 square feet. 2. Height, If Freestanding. No freestanding sign shall exceed 10 feet in height in any commercial or industrial zone or in the agricultural zone for undeveloped acreage of one acre or more. In all other zones, the maximum height shall be limited to ~ Q feet. 3. Number of Signs. Through lots shall be allowed one sign on each street. Corner lots shall be permitted one sign only. 4. Setback. Freestanding signs shall maintalna 10 foot seteaek from all prol'1ertj' lines not violate the Vision clearam:e. - Intersection reQuirements in CVMC 12.12.120 and/or the Vision clearance - Drivewav reQuirements in CVMC 12.12.130. 5. Vacancy Signs. Real estate signs reflecting the vacancy status and availability of commercial or industrial space within a structure designed for multiple occupancy, whether through rental, sale or lease, shall be limited to a maximum sign area of 16 square feet. Not more than one sign may be used facing a dedicated street. The sign may be attached flat against the building or be part of a permitted freestanding sign if designed to be part of said sign and providing the total sign area does not exceed the area permitted for the freestanding sign. 6. Location. On the property to which the sign pertains, or on other private property with the consent of that property owner or as vermitted in CVMC 12.50. 7. Open House Signs - Special Rules. Off-premises temporary real estate open house signs are allowed permitted within all residential zones subject to: a. No more than five off-premises open house signs shall be allowed for each residential open house which occurs, excevt as vermitted in CVMC 12.50. b. No more than one sign shall be allowed to be placed on any interior parcel and no more than two on a corner lot (one per street frontage). c. Off-premises open house signs shall only be displayed during daylight hours excevt as vermitted in CVMC 12.50. d. Signs shall be no larger than four square feet and shall be located at minimum of three feet from the sidewalk or 10 feet from the curb or edge of pavement, where no sidewalk exists except as permitted in CVMC 12.50. e. An off-premises temporary real estate open house sign shall only be permitted in conjunction with an open house held for the resale of one single-family residence. f. Off-premises signs advertising the sale of more than one lot or more than two dwellings constitutes a subdivision directional sign subject to the regulations outlined in subsection (E)(3) of this section. g. Off-premises open house signs are prohibited within the public right-of-way excetltas permitted in CVMC 12.50. ~. [ir'!-Ctf---w cAJT -3 DRAFT 7-26-07 12.50. TEMPORARY PLACEMENT OF PORTABLE SIGNS IN DESIGNATED PORTIONS OF THE PUBLIC RIGHT - OF - WAY WHEREAS, the City of Chula Vista has a substantial interest in protecting the aesthetic appearance of the community by avoiding visual clutter and an interest in assuring safe and convenient traffic and pedestrian circulation on City streets. WHEREAS, the City prohibits signs on public rights - of - way in order to protect aesthetics and promote an orderly appearance and to prevent potential traffic hazards, safety hazards and nuisances. WHEREAS, the City recognizes the importance of promoting local businesses and maintaining commercial and residential property values. WHEREAS, In an effort to assist in the promotion of local businesses and the sale ofreal estate within the City, this section sets forth a limited opportunity to place signs in designated portions ofthe public rights - of - way during specified dates and times. WHEREAS, the strict limitations placed on the temporary placement of signs in this ordinance will ensure that (i) the City's interests in the aesthetic appearance of the community and convenient traffic and pedestrian circulation are protected; (ii) nuisances and safety hazards are avoided; (iii) the City's risk is limited through an indemnification and insurance, and; (iv) the City's costs associated to administer and enforce the program will be paid for by a permit fee. 12.50.010 PURPOSE AND INTENT The purpose ofthis chapter is to allow limited placement of portable signs in the public rights - of - way under clearly defined time, place and manner requirements through the use of a permit process. The application and process will set forth the rights and responsibilities of any individual or group that seeks to place signs in the public rights - of - way. 12.50.020AUTHORITY California Penal Code section 556, provides that signs may be temporarily placed in public rights-of-way only after the person placing the sign in the rights - of - way has received the lawful permission of the City. This chapter sets forth the requirements for obtaining permission of the City by permit and only in accordance with the restrictions on signs set forth in this section. It shall be the responsibility of the Director of Planning and Building or his or her designee to receive applications and fees, issue permit stickers and monitor the temporary placement of portable signs. 12.50.030 DEFINITIONS For purposes ofthis chapter, the definitions found in chapter 19.60.060 apply. 12.50.040 PERMIT ISSUANCE A. Except for signs allowed under Section VIII of City Council Policy 465-02, no sign shall be placed within any portion of the public right of way without first being issued a Temporary Public Right of Way Sign Permit from the City of Chula Vista. To obtain a permit the requestor/permitee shall: I. complete and sign an application form as required by the Director of Planning and Building. 2. indemnify and hold the City, its officers, employees, and representatives, harmless from all liability for damage or claims for damage for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Permittees, agents, employees, or other persons acting on the Permittees' behalf for all damages and claims for damages suffered or alleged to have been suffered by reason of the obligations referred to in the Permit, regardless of whether or not the City approved plans or specifications or inspected any of the signs erected pursuant to this permit whereby it agrees to comply with this section. 3. provide proof of and shall maintain in force, policies of insurance, or certificates thereof, of comprehensive public liability insurance in a combined single limit amount of at least $1,000,000.00. Such insurance shall be procured from an insurer authorized to do business in California, shall provide primary and not excess coverage, shall name the City ofChula Vista as additional insured. Lapse of valid insurance shall immediately render void any permit issued herein. 4. remit the permit fee. Permit stickers are issued on a calendar year basis and are not prorated. The fee for the permit shall be set by the City Council. Two permit stickers numbered alike shall be issued for each fee paid so that a permit is visible on each side of every sign. B. Permits are issued to an individual, business, or group and shall not be reassigned or transferred. 12.50.050 TIME, PLACE AND MANNER RESTRICTIONS Except for signs allowed under Section VIII of City Council Policy 465-02 all Portable Signs are subject to the following conditions: I. Size. The total face area of each sign shall not exceed twenty-four (24) inches by twenty-four (24) inches in size. Doubled faced signs are considered a single sign and only require one permit with a permit sticker placed on each side of the sign. 2. Height and Width. The vertical distance measured from ground level to the highest point of such sign or supporting device and the width of the supporting device may not exceed three (3) feet. 3. Type. Signs shall be portable self supporting and of sufficient weight that the sign remains upright and in the same position for the entire time the sign is in the public rights - of - way. No portion of the sign or supporting device shall be placed or driven into the ground. Signs and supporting devices shall be maintained in good condition at all times and shall be constructed out of quality weather resistant materials normally used in professional signage. No cardboard or paper signs are allowed. 4. Attachments. Signs and supporting devices may not contain brochure boxes, tear off flyers/coupons or any similar type of attachment. No balloons, flags, pennants or similar devices may be attached to a sign or supporting device. 5. Identification. Signs must contain, in legible font, on an area no less than 2" X 3 Y," (business card size) the name, mailing address and contact phone number of the individual responsible for the sign. 6. Permit sticker. Each sign placed in the public right - of - way must have a valid permit sticker affixed to both sides of each sign whether or not it is a double-faced sign. 7. Time. Signs shall only be displayed from Saturday at 6:00 a.m. through Sunday at 6:00 p.m. and on the listed City observed holidays from 6:00 a.m. through 6:00 p.m. January I (New Year's Day) The third Monday in January (Martin Luther King Jr Day) March 31 (Cesar Chavez Day) The last Monday in May (Memorial Day) July 4 (Independence Day) The first Monday in September (Labor Day) The second Monday in November (Veteran's Day) The third Thursday of November (Thanksgiving Day) The day after Thanksgiving Day December 25 (Christmas Day) 8. Location. No sign shall be placed, displayed, used or maintained: (a) On any sidewalk, walking path, bike lane, street, roadway area, traffic circle, round about, or center median or island area. (b) On public rights of way adjacent to streets undergoing active construction, repair, or maintenance including landscape installation. (c) In such a manner as to obstruct the view of any official public sign. (d) On any right-of-way if the location obstructs the safe and convenient use by the public of any street, sidewalk, or curbside parkway area. (e) Within five (5) feet of the beginning of the curb return of any intersections, whether the intersections have marked or unmarked crosswalks. (f) Within five (5) feet of a fire hydrant, private or public driveway, traffic signal, traffic sign, US Mail receptacle, community mail box, public trash receptacle, designated bus stoplbench; or any other bench on the sidewalk. (g) On any traffic control signs/devices, street light/utility/ communications standards/poles and/or any of their supporting structures or equipment. (h) In any manner that causes a visual obstruction to traffic that may create a hazard to traffic and/or pedestrians. (i) In any manner that injures, damages and/or destroys any plantings or vegetation within the right-of-way. U) Within 18" from the face of curb. (k) On public right of way adjacent to streets during special events. (I) In any City park. (m)Within any vision clearance area as defined in CVMC 12.12.120 and 12.12.130 12.50.060 RESPONSIBILITY. For purposes of this section, and in accordance with California Penal Code section 556.4, any and all information that appears on any sign, including but not limited to, name (business or individual), address, telephone number, or e-mail address, may be used as evidence of responsibility for placement of a sign. Permittees and non-permitees shall be responsible for monitoring sign placement and shall be held responsible should any sign they are responsible for be placed or moved to a location that violates any portion of this or any other applicable section ofthe Chula Vista Municipal Code. 12.50.070 REMOVAL OF SIGNS. Any sign installed, placed, displayed, maintained or located in violation of this or any other applicable section may be summarily removed by the City or its contractors and discarded. 12.50.080 LOSS OR THEFT. The City is not responsible for loss or theft of signs and/or permit stickers. 12.50.090 VIOLA TIONIPENAL TY. Violations of this chapter are strict liability offenses regardless of intent. Any person, firm or corporation that violates any portion of this section may be subject to prosecution and/or administrative enforcement under chapters 1.20 and 1.41. 12.50. 1 OOAPPEALS Any person aggrieved by any of the requirements of this section may appeal insofar as such appeal is allowed under chapter 1.40.