HomeMy WebLinkAboutOrd 1990-2365 ORDINANCE NO. 2365
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS
19.14.050, 582; 19.60.030, 120, 240, AND 520 TO TRANSFER
THE FIRST LEVEL OF APPEAL FOR SIGN DESIGN ISSUES FROM THE
PLANNING COMMISSION TO THE DESIGN REVIEW COMMITTEE, AND
ADDING CONDITIONS UNDER WHICH NONCONFORMING SIGNS MUST BE
ABATED
WHEREAS, in conjunction with the City's sign abatement program, the City
Council has reviewed those sections of the Municipal Code pertaining to sign
regulation, and
WHEREAS, pursuant to said review the Council found it would improve the
administration of the Municipal Code, and be in the public interest, to amend
certain sections thereof relative to appeals of si9n design decisions, and the
abatement of nonconforming signs, and
WHEREAS, the Council directed a public hearing be held to consider a
proposed amendment to the Municipal Code which upon adoption, will transfer
the first level appeal authority for the review of sign design decisions from
the Planning Commission to the Design Review Committee, and require the
abatement of a nonconforming sign upon a change of sign face or ownership of
the property upon which the sign is located, and
WHEREAS, the aforementioned amendment to the Municipal Code is
categorically exempt [Class ll(a)] from environmental review, and
WHEREAS, on March 14, 1990, the Planning Commission voted 5-0 (two
Commissioners absent) to recommend that the City Council adopt the proposed
amendment in accordance with Resolution PCA-90-4.
The City Council of the City of Chula Vista does hereby ordain as follows:
SECTION I. That Section 19.14.050 of the Chula Vista Municipal
Code is hereby amended to read as follows:
Section 19.14.050 Public hearing-Mandatory when.
A. The zoning administrator may, at his option, refer any of the matters
on which he is authorized to rule and/or issue a permit to the design
review committee or planning commission for review. In such cases, a
public hearing as provided herein shall be mandatory.
B. Any person who disagrees with the ruling, except a sign design
ruling, of the zoning administrator may appeal such ruling to the
planning commission. In such cases, a public hearing as provided
Ordinance No. 2365
Page 2
herein shall be mandatory. Any person who disagrees with a sign
design ruling of the zoning administrator may appeal such ruling to
the design review committee. In such cases, the sign project rulin9
under appeal shall be reviewed by the design review committee in
accordance with Section 19.14.582 as set forth herein.
C. Notwithstanding the above provisions, the zoning administrator may,
at his option, or upon appeal, refer applications for carnivals and
circuses on which he is authorized to issue a permit to the city
council for review. In such cases, a public hearing as provided
herein shall be mandatory.
SECTION II. That Section 19.14.5812 of the Chula Vista Municipal
Code is hereby amended to read as follows:
Section 19.14.582 Design review committee-Duties and
responsibilities.
A. The desi9n review committee shall review plans for the establishment,
location, expansion or alteration of residential uses or structures
in the R-3 zone, all development and redevelopment within the
redevelopment project boundaries, and multiple-family dwelling uses,
commercial or industrial projects or structures governed by the P
precise modifying district; and shall approve, conditionally approve
or deny such plans, except when projects are within the boundaries of
a redevelopment project, the committee shall recommend approval,
conditional approval or denial to the redevelopmerit agency of the
city. The committee shall render decisions on minor proposals as
defined in Agency Resolution No. 71.
B. The design review committee shall also review plans for the
establishment, location, expansion or alteration of multiple family
dwelling uses, major use permits, commercial, or industrial projects
or structures located within the 1985 Montgomery annexation area, and
governed by Chapter 19.70 of this ordinance.
C. The design review committee shall review all appeals filed to contest
sign design rulings of the zoning administrator.
D. The design review committee shall base its findings and action upon
the provisions of the effected design manuals of the city.
E. The design review committee shall prepare and adopt operational
procedures, bylaws and business forms.
F. The design review committee shall submit annual reports on its
operations to the city planning commission and redevelopment agency.
G. The fee for a hearing before the design review committee is as
presently designated, or as may in the future be amended, in the
master fee schedule.
Ordinance No. 2365
Page 3
SECTION III. That Section 19.60.030 of the Chula Vista Municipal Code is
hereby amended to read as follows:
Section 19.60.030 Application-Contents requi red-Determination
authority-Appeals.
All signs requi ring a sign permit shall be submitted for approval by the
zoning administrator, prior to install ation. The application shall
indicate the size, location, design, color, lighting and materials of all
signs to be erected. The application shall also contain sufficient
information on the architecture, colors and materials of the building on
the site, as is necessary to determine compatibility of the sign to the
building. In addition the applicant shall submit a color rendering and/or
paint sample boards or chips and/or actual materials to be used on the
sign.
The zoning administrator shall determine whether approval shall be granted
for any sign based on its conformance with the regulations and design
standards set forth herein. The decision of the zoning administrator may
be appealed to the planning commission, design review committee in
accordance with the provisions of Section 19.14.050. In the absence of
such appeal, the determination by the zoning administrator shall be final.
SECTION IV. That Section 19.60.120 of the Chula Vista Municipal
Code is hereby amended to read as follows:
Section 19.60.120 Nonconforming signs-A1 teration or modification requi red
when.
Regardless of the provisions of Section 19.60.110 as set forth
hereinabove, all signs which fail to conform to the requirements of this
title after the effective date of the ordinance codified herein shall be
altered or modified to conform to said requirements if any of the
following conditions should occur:
A. Any change in the sign copy, use, or ownership of the premises
identified by the nonconforming sign. Any change in land use which
requires the assessment of a different land use code number as
defined in the standard land use code book prepared by San Diego
County dated July, 1968, including such amendments as may be made
from time to time, shall constitute a change of land use for the
purposes of sign conformance.
B. If any changes, modifications or alterations are performed on such a
nonconforming sign that require the issuance of a building permit,
said sign shall be required to fully conform to all standards and
regulations in effect at the time of the request for such permit.
C. Repainting of painted signs on structures for normal maintenance will
be allowed.
SECTION V. That Section 19.60.240 of the Chula Vista Municipal
Code is hereby amended to read as follows:
Ordinance No. 2365
Page 4
Section 19.60.240 Design review requirements-Individual signs-Review
authority- Appeals.
A. Signing applications for individual businesses which are not located
within commercial or industrial centers shall al so be subject to
design review by the zoning administrator.
B. In such cases, it shall be the obligation of the zoning administrator
to review other signs existing within the area of the proposed sign
to be erected and insure that the design elements as set forth here
and above will promote and create harmonious and nonconflicting or
obstructing sign arrangements.
C. The review authority shall be limited, however, insofar as imposition
of design standards to the principles as set forth in Sections
19.60.220 through 19.60.250, and the zoning administrator shall
strive to insure that such individual signs will relate to the
building upon which is to be erected in terms of overall design,
theme, colors, materials used, and the design elements set forth here
and above. Offensive or nonharmonious signs either by virtue of the
impropriety of their configuration or shape, or the garishhess or
clashing of the colors proposed to be used, shall be cause for
disapproval.
D. Any decision of the zoning administrator, in regard to design review,
shall be subject to appeal to the planning commission, design review
committee in accordance with publication of Section 19.14.050 of this
code.
SECTION VI. That Section 19.60.520 of the Chula Vista Municipal
Code is hereby amended to read as follows:
19.60.520 Planned signing program-Approval-Conditions attached
when-Appeal of decision.
The zoning administrator may attach appropriate and reasonable conditions
to any approval of the planned signing program, including, but not limited
to, conditions which alter si9n configurations, reduce the sign area,
relocate signs upon the lot or buildings, or require other design
modifications. The zoning administrator shall exercise a high degree of
discretionary judgment in the review of a planned signing program and may
decline to take action himself to approve, deny or conditionally approve
any such program and, in lieu thereof, refer a recommended action to the
planning commission, design review committee for decision.
The decision of the zoning administrator may be appealed to the planning
commission, design review committee in accordance with provisions of
Section 19.14.050. In the absence of such appeal, the determination by
the zoning administrator shall be final.
Ordinance No. 2365
Page 5
SECTION VII. This ordinance shall take effect and be in full force on
the 30th day from and after its adoption.
Presented by Approved as to form by
~ r
Robert A. Lelter ~ ~homas d. a ron , ,
Director of Planning City Attorney '~ y
Ordinance No. 2365
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 17th day of April, 1990, by the followin9 vote:
AYES: Councilmembers: Malcolm, McCandliss, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: Moore, Nader
ABSTAIN: Councilmembers: None
G~ox,2~ayor~
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2365 had its first reading on
April 10, 1990, and its second reading and adoption at a regular meeting of
said City Council held on the 17th day of April, 1990.
Executed this 17th day of April, 1990.
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