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HomeMy WebLinkAbout8581RESOLUTION NO. 8581 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING SIGN CONDITIONAL USE PERMIT NO. 28 TO CONSTRUCT A 197.1 SQUARE -FOOT FREEWAY ORIENTED SIGN LOCATED AT THE SOUTHWEST CORNER OF WEST LUGONIA AVENUE AND CITRUS PLAZA DRIVE, ON THE WEST SIDE OF THE INTERSTATE 210 FREEWAY. WHEREAS, Signtech Electrical Advertising ("Applicant"), has submitted an application for a Sign Conditional Use Permit for the construction of a 197.1 square foot pole sign located at the southwest corner of West Lugonia Avenue and Citrus Plaza Drive, on the west side of the Interstate 210 freeway (APNs: 0169-341-09-0000 and 0169-341-07-0000); and WHEREAS, on March 12, 2024, the Planning Commission held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or in opposition to, Sign Conditional Use Permit No. 28, and at which the Planning Commission subsequently recommended approval to the City Council; and WHEREAS, Sign Conditional Use Permit No. 28 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311(a) of the CEQA Guidelines; and WHEREAS, notice of the City Council's public hearing for the Project was published in a newspaper of general circulation by the City Clerk; and WHEREAS, on May 7, 2024 the City Council held a public hearing and considered the staff written and oral reports, the recommendation of the Planning Commission, the testimony and written evidence submitted by and on behalf of the Applicant, and testimony by members of the public; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The proposal is exempt from the California Environmental Quality Act (CEQA) pursuant to 15311 of the CEQA Guidelines for accessory structures such as on -premises signs. Section 2. FINDINGS FOR APPROVAL OF SIGN CONDITIONAL USE PERMIT NO. 28. The City Council hereby approves Sign Conditional Use Permit No. 28 based upon the following findings, and subject to the Conditions of Approval attached hereto Exhibit "A." 1. The size of the sign should be compatible with the design, architecture, and scale of the building(s) and/or project. The proposed single freeway sign with a sign face that is 197 square feet. The design of the sign ties in colors and materials of the building located on site and is of a scale that will 1 I:\Resolutions\Res 8500-8599\8581 Approving Conditional Use of Permit No. 28.docx-ms provide freeway drivers with adequate notice of the presence of the business on the property, which will allow them adequate time to safely navigate to an appropriate exit for the business. 2. The size of the sign should be aesthetically consistent with the project, adjacent areas, and the City of Redlands. The project is located in an urbanized area of the City, adjacent to the I-10 and 210 freeways. The sign is located along a freeway corridor, which has similarly sized freeway -oriented signs. The size and style of the sign is aesthetically consistent with the development of the project site, which is being developed with a new motorist -serving restaurant. Due to the proposed sign's location within a freeway corridor adjacent to a freeway off ramp within a location that is obscured by overpasses and existing vegetation, and the presence of similar signs in the adjacent areas, the proposed sign's size is suitable. 3. The size of the sign should be needed to provide necessary project identification for the benefit of the general public. The size of the sign is needed to provide necessary project identification for the benefit of the general public. Due to the presence of elevated freeway overpasses surrounding the site, large trees and other vegetation blocking the view of the site, and due to the positioning of the site at a lower elevation than the adjacent intersecting freeways, the increased height and size of the sign is necessary to provide business identification, guidance and clarity for incoming motorists. Section 3. EFFECTIVE DATE. This Resolution shall become effective upon adoption. ADOPTED, SIGNED AND APPROVED this 7th day of May, 2024. ATTEST: nne Donaldson, City Clerk 2 I:\Resolutions\Res 8500-8599\8581 Approving Conditional Use of Permit No. 28.docx-ms C-Th ddie Tejeda, May I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 7th day of May 2024, by the following vote: AYES: Councilmembers Davis, Saucedo; Mayor Tejeda NOES: Councilmember Guzman -Lowery ABSENT: Councilmember Barich ABSTAINED: None ie Donaldson, City Clerk 3 I:\Resolutions\Res 8500-8599\8581 Approving Conditional Use of Permit No. 28.docx-ms EXHIBIT A CONDITIONS OF APPROVAL SIGN CONDITIONAL USE PERMIT NO. 28 1. This approval is for Sign Conditional Use Permit No. 28 to construct a 197.1 square -foot. freeway oriented Sign for a motorist serving business (In-N-Out Burger). The project is located at the southwest corner of West Lugonia Avenue and Citrus Plaza Drive, on the west side of the Interstate 210 freeway, within the General Commercial (EV/CG) District of the East Valley Corridor Specific Plan (APNs: 0169-341-09-0000 and 0169-341-07- 0000). 2. This approval is subject to the separate and related approval of Ordinance Text Amendment No. 368, a proposal to amend RMC Chapter 15.36, Section 15.36.420 (Figure 16) for freeway -oriented signs. 3. No building permit for Sign Conditional Use Pemit No 28 may be issued until Ordinance Text Amendment No. 368 becomes effective. 4. Unless a building permit is issued for the proposed sign, or a time extension is granted in accordance with the Redlands Municipal Code, this approval shall expire two (2) years from the date of City Council approval. 5. All signs shall comply with all applicable provisions of the Redlands Municipal Code. The sign shall be constructed in compliance with all applicable building, electrical, and other codes in effect at the time of construction or maintenance, with particular respect to wind and seismic loads. 6. Prior to installation, the applicant shall obtain a Building Permit from the Development Services Department. All plans submitted to the City shall be in substantial conformance to the Planning Commission/City Council approval and any other changes required by the Commission/Council and/or staff. This condition applies to the site plan and all other illustrations, text, or plans submitted to the City in connection with this project. 7. The applicant shall not make any modifications or changes during construction that are in conflict or contrary to the sign's approved design or location without first consulting with the Development Services Director or designee. 8. Pursuant to Government Code Section 66020(d), certain fees, dedications, reservations or exactions imposed by the City as a condition of approval of this project are subject to a statutory ninety (90) day protest period. Please be advised that the ninety (90) day protest period for those fees, dedications, reservations and exactions which are subject to Government Code Section 66020(a) has commenced to run on the date this project was approved by the City. 4 I:\Resolutions\Res 8500-8599\8581 Approving Conditional Use of Permit No. 28.docx-ms 9. The property owner and applicant and their successors and assigns, shall defend, by paying for the defense costs of the City of Redlands (for counsel retained by the City), indemnify and hold harmless the City of Redlands, and its elected officials, officers, employees, and agents, from and against any and all claims, actions, and proceedings (collectively "Claims") to attack, set aside, void or annul the approval of this Conditional Use Permit by the City, or Claims brought against the City due to acts or omissions in any way connected to the applicant's project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of costs or attorneys' fees. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant's project, within fourteen (14) City business days following notice of such action from the City, the applicant shall file with the City a performance bond or irrevocable letter of credit, or other form of security satisfactory to the City (the "Security") in a form satisfactory to the City, and in the amount of $300,000, to ensure applicant's performance of its defense and indemnity obligations under this condition. The Security amount shall not limit the total indemnity obligation of the applicant pursuant to this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City's right to revoke this permit. Brian Desatnik Development Services Director 5 I:\Resolutions\Res 8500-8599\8581 Approving Conditional Use of Permit No. 28.docx-ms