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HomeMy WebLinkAbout7471_CCv0001.pdf RESOLUTION NO. 7471 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING SIGN CONDITIONAL USE PERMIT NO. 17 PERMITTING CONSTRUCTION OF A 248 SQUARE FOOT FREEWAY-ORIENTED SIGN WITH A HEIGHT OF SEVENTY-FIVE (75) FEET WHEREAS, Quiel Bros Electric Sign Service Company, Inc. has filed a Sign Conditional Use Permit application with the City to construct a 248 square foot free-way oriented sign with a height of seventy-five feet (the "Project") on 1.61 acres utilized as outdoor display area for an automobile dealership located north Industrial Parkway, east of Alabama Street and South of the Interstate-10 Freeway(the "Project Site"); and WHEREAS, on October 14, 2014, the City of Redlands' Planning Conunission held a duly noticed public hearing on Quiel Bros Electric Sign Service Company, Inc.'s application for Sign Conditional Use Pen-nit No. 17 at which time the public had the opportunity to present verbal and written testimony on the proposed Project; and WHEREAS, at a public hearing on October 14, 2014, the Planning Commission considered, heard public comments on, and recommended approval of a Mitigated Negative Declaration and Sign Conditional Use Permit No. 17 and recorrunended approval of the same to the City Council; and WHEREAS, in accordance with Government Code Sections 65453 and 65090, on October 28, 2014, the City gave public notice by mailing property owners within a three hundred (300) foot radius of the Project Site, as well as on October 29, 2014, by publication in the Redlands Daily Facts, a newspaper of general circulation, of the holding of a public hearing at which Sign Conditional Use Permit No. 17 would be considered; and WHEREAS, on November 18, 2014, the City Council of the City of Redlands held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or in opposition to, the Sign Conditional Use Permit and at which the City Council considered the Conditional Use Permit; and WHEREAS, at the public hearing on November 18, 2014, the City Council considered, heard public comments on,the Mitigated Negative Declaration for the Project; NOW, THEREFORE, be it resolved by the City Council of the City of Redlands as follows: Section 1. The City Council of the City of Redlands hereby approves the Mitigated Negative Declaration for Sign Conditional Use Pen-nit No. 17 in the form attached hereto as Exhibit "A." Section 2. The City Council of the City of Redlands hereby approves Sign Conditional Use Permit No. 17, subject to the conditions of approval attached hereto as Exhibit "B," and based upon the following findings: -I- 1:\ccierk\Resolutions\Res 7400-7499\7471 SCUA17.doc (1) The size of the sign is compatible with the design, architecture, and scale of the building located on the Project Site because the sign is intended to identify an autonrotive dealership and will be located on a 1;.61- r , freeway adjacent parcel utilized as an outdoor display area for the automotive dealership. The design of the sign cabinet is the authorized corporate GM image and similar in design to the dealership's main identification pedestal. sign, with ablue cabinet, white text, and corporate logo, on a black pedestal, as well as the dealerships directional signs, and demonstrates uniforlinty in design pursuant to Section 15.36.390(E) of the Redlands Municipal Code. The sign Incorporates a similar color scheme as the dealership's 38,345 square foot building, featuring shades of blue and gray. (2) The size of the sign is aesthetically consistent with the Project Site, adjacent areas, and the City of Redlands. The building for the Tom Bell Chevrolet dealership has a modern design reflecting GM's current corporate image with shades of gray and blue exterior, and the sign will also have a inodern design Stith a blue, white, and black cabinet with a black and grey pedestal. In addition, the internally illuminated freeway oriented sign is aesthetically consistent with the adjacent urban setting as there are several other internally illuminated, freeway oriented signs in the area including two (2) 80-lbot high freeway oriented signs for the Tri-City Center each with an area of approximately seven hundred (700) square feet., a severity five (75) foot high one hundred twenty(1 0) square foot IHOP sign, and an eighty two (82) foot high 120 square foot Old. Spaghetti Factory, Sign as well as numerous others alC7 ona the 1-10 in the City of Redlands. The size of the sign is needed to provide additional project identification for the benefit of the general public because the Project Site is located just south of the Caltrans right-of-way, approximately ninety nine (99) feet south of the northern property line. The site is visible from the eastbound lanes; however, it is very difficult for customers to identify the site from the westbound lanes, due to the 1-10/1-210 Interchange and the changes in grade between the travel lanes and the Project Site in the vicinity of the eastbound on-ramp at Alabama Street. With the addition of the sign, customers will be able to identify the site when traveling westbound on,the 1-1( Freeway, ADOPTED, SIGNEDAND APPROVED this 18th day of November, 201.4. Pete Aguilar, Mayor ATTEST- Sam 41rwv#CiC�Clerk -2- 7400-74W747I 1+C UP17,dnc 1, Sam Irwin, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 18th day of November, 2014 by the following vote: AYES: Councilmembers Harrison, Foster, Gardner, Gilbreath NOES: None ABSENT: Mayor Aguilar ABSTAIN: None Sam Irwin, City Clerk -3- 1:\cclerk\Resolutions\Res7400-7499\7471 SCUP17.doc Exhibit "A" ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Sign Conditional Use Permit No. 17 2. Lead Agency Name and Address: City of Redlands Development Services Department 35 Cajon Street, Suite 20 Redlands, CA 92373 3. Contact Person and Phone Number: Loralee Farris Associate Planner (909) 798-7555 4. Project Location: The project site is located on the east side of Alabama Street, south of the 10 Freeway, APN: 0169-371-07. 5. Project Sponsor's Name and Address: Quiel Bros Electronic Sign Service Company, Inc. 272 South "I" Street San Bernardino, CA 92410 6. General Plan Designation: The General Plan designation of the project site is Commercial. 7. Zoning: The zoning designation of the project site is EV/CG (General Commercial) District of the East Valley Corridor Specific Plan. 8. Description of Project: The applicant proposes the development of a two sided freeway-oriented sign with an area of approximately 248 square feet and a height of seventy five (75) feet on 1.61 acres utilized as outdoor display area for an automobile dealership in the EV/CG (General Commercial) District of the East Valley Corridor Specific Plan. The sign would be located along the project site's frontage abutting the Interstate-10 Eastbound travel lane, and would be located approximately 99 feet from the Cal Trans Right-Of-Way. The sign will consist of a single pedestal support with a height of 59'-6". This pedestal will support cabinet sign that will be internally illuminated,with a cabinet height of 15'-6" and a width of 161-011, 9. Surrounding Land Uses and Setting: The property is surrounded by the following land Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 1 of 26 uses:to the north is the Interstate-10 Freeway, the automotive dealership continues to the south, along with a mix of commercial uses, to the east is the Tri-City Shopping Center with a variety of retail, restaurant, and office uses, and to the west is a hotel and restaurant. 10. Other public agencies whose approval is required: (e.g., permits,financing approval,or participation agreement) None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ® Aesthetics ❑ Greenhouse Gas Emissions ❑ Population and Housing ❑ Agriculture and Forestry ❑ Hazards/Hazardous Materials ❑ Public Services Resources ❑ Air Quality ❑ HydrologyMater Quality ❑ Recreation ❑ Biological Resources ❑ Land Use and Planning ❑ Transportation/Circulation ❑ Cultural Resources ❑ Mineral Resources ❑ Utilities and Service Systems ❑ Geology and Soils ❑ Noise ❑ Mandatory Findings of Significance DETERMINATION: On the basis of this initial evaluation: I find that the Project COULD NOT have-a significant effect on the environment, and a ❑ NEGATIVE DECLARATION will be prepared. I find that although the Project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the Project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the ❑ Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 2 of 26 Project, nothing further is required. Loralee Farris Associate Planner City of Redlands October 6, 2014 EVALUATION OF ENVIRONMENTAL IMPACTS: 1} A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A"No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur,then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated"applies where the incorporation of mitigation measures has reduced an effectfrom"Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analyses Used. Identify and state where they are available for review. Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 3 of 26 b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklistthat are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. Less Than Less Than Significant Significant Potentially With Impact Issues: Significant Mitigation No Impact Incorporated impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? — — -- b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a — — — state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? __ ✓ — Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 4 of 26 Less Than Less Than Significant Significant Potentially With Impact Issues: Significant Mitigation No Impact Incorporated Impact d) Create anew source of substantial light or glare which would adversely affect day or nighttime views in the area? — — Aesthetics La-d) The project site is located south of the 1-10 Freeway in an urbanized area of the City and involves the development of an approximately 248 square foot freeway oriented sign with an overall height of seventy five (75)feet. The actual face of the sign will have an area of approximately 248 square feet and will be 16'-0" wide and 15'-6" tali. There are other freeway oriented signs developed in the immediate area. The parcel immediately east of the subject site, which is the site of the Tri-City Shopping Center, contains a freeway oriented sign identifying the center and the anchor tenant, in excess of 120 square feet. Additional freeway oriented signs located immediately to the west of the project site include those for the Country Inn and Suites Hotel, IHOP restaurant, and a Spaghetti Factory restaurant. The construction of an additional freeway-oriented sign, south of the freeway, in this immediate vicinity could potentially have an adverse aesthetic impact by degrading the visual character of the surrounding area and viewshed of the freeway travelers. The City of Redlands places a high priority on aesthetics along the Interstate-10 Freeway, as a highly visible corridor through the City. Measure "U", a ballot initiative ordinance of the people of the City of Redlands, became effective, on December 12, 1997. Principal Six (d) of Measure U, incorporated into the City's General Plan, set a priority towards maintaining the scenic quality of any scenic or historic drive, highway or road by retaining the characteristics which justify their designation. The project sign will be adjacent to Interstate-10, which although not designated as a scenic highway, does possess scenic qualities of the surrounding mountain ranges, and is in proximity of the Interstate-210 interchange, a state highway eligible for such designation. Principal Six(e) of Measure U, incorporated in the City's General Plan, placed regulations on permanent outdoor commercial signs which emphasized the necessity to assure the least intrusion on the community and the least risk of visual blight, and placed a high priority on the aesthetics of the community and permanent outdoor commercial signs. Measure"U" requires a Conditional Use Permit for all permanent outdoor commercial signs that exceed 120 square feet in size, to be approved by a four-fifths (415)vote of the entire authorized membership of the City Council, and prohibited the establishment of "readerboards" or"billboards". Measure U's' emphasis on minimizing potential aesthetic impacts of permanent outdoor commercial signs is considered in the analysis of potential aesthetic impacts. Initial Study for Sign Conditional Use Permit No. 17 FORM "T Page 5 of 26 Pursuant to the City's Sign Ordinance a flag test was conducted forthe site to establish the minimum height needed for visibility from east and west bound lanes of the 1-10 Freeway. The test determined that a sign with a minimum height of 59'6", to the bottom of the cabinet, would be visible from the east bound 1.10 freeway at a distance of 3/10 of a mile from the off-ramps closest to the site at Tennessee Street and a sign with a minimum height of 75'6", to the bottom of the cabinet, would not be visible from the east bound lanes of the 1-10 Freeway from a distance of 3/10 of a mile from off ramps closest to the site at Tennessee Street nor would the sign be visible from a distance of 3/10 of a mile the San Bernardino Avenue exit of the 210 Freeway. The photo simulations provided by the applicant indicate that the sign could be slightly visible from the 1-210 Freeway interchange over the 1-10 Freeway at a height of 75 feet. Mitigation Measure No. 1 shall require that the sign have maximum height of no more than seventy five (75)feet so as not to create an adverse visual impact by degrading the aesthetics in the immediate area. As mentioned above the project site is in an urbanized area near the City's Major commercial corridors of Lugonia Avenue and Redlands Boulevard and the regional transportation corridor of the 1-10 Freeway. Existing nearby businesses include a Burlington retail store and several other commercial, restaurant, and offices uses within the Tri-City Commercial Center to the east, the Country Inn and Suites hotel, a Shell gasoline station, HOP restaurant, and Spaghetti Factory restaurant to the west, and the continuation of the Tom Bell Chevrolet dealership to the south. In addition the project is bounded on the north the by the Interstate-10 Freeway. This area has scattered freeway- oriented signs, however the evening hours are not significantly impacted by glare and light pollution due to freeway signs. The sign will be illuminated during evening hours through a dark blue colored cabinet face. The dark color of the cabinet face will minimize the impact of glare and light pollution affecting nighttime views and aesthetics in the general area. Less Than Significant Less Than Issues: Potentially With Significant Significant Mitigation Impact No Impact Incorporated Impact II. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 6 of 26 Less Than Significant Less Than Issues: Potentially With Significant Significant Mitigation Impact No Impact Incorporated Impact Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a). Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? T ✓ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract. ✓ c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)? _ _ _ ✓ d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? AGRICULTURE AND FOREST RESOURCES Il.a-e) Adoption of the proposed project will not convert lands designated as either Prime Farmland, Unique Farmland, or Farmland of Statewide Importance by the State Farmland Mapping and Monitoring Program to non-agricultural use. According to Figure 5.2 of the MEA/EIR the site has a designation of Urban Lands. The property contains no agricultural resources and is located in an urbanized area. Additionally the property has a commercial zoning of EV/CG (General Commercial) District of the East Valley Corridor Specific Plan and a General Plan designation of Commercial/Industrial. It is not in an agricultural Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 7 of 26 preserve or subject to a Williamson Act contract and will not result in changes to the environment. No mitigation is required Less Than Significant Less Than Issues: Potentially With Significant Significant Mitigation Impact No Impact Incorporated impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? — — — b) Violate any air quality standard or contribute substantially to an existing or projected air f quality violation? ---- — — c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? — — — d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? — — — ✓ Air Quality I Il.a) The project does not conflict with the implementation of an applicable air quality plan, nor will implementation of the project violate any air quality standard or contribute substantially to an existing or projected air quality violation. The project involves the development of an approximately 248 square foot freeway oriented sign. The project will not obstruct implementation of the Regional Air Quality Management Plan as written by the South Coast Air Quality Management District (SCAQMD). No mitigation is required. III b-d) The project would develop a freeway oriented sign for an automotive dealership, a freeway oriented business. The project will not involve any grading or other construction activities that might generate significant amounts of fugitive dust. Once constructed, the project will not generate a significant amount of traffic that could violate air quality standards. Therefore, the project will not violate any air quality standard or contribute Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 8 of 26 substantially to an existing or projected air quality violation. No mitigation is required. III.e) The proposed project is for a new freeway sign and will not produce any long term objectionable odors. No mitigation is required. Less Than Significant Less Than Potentially W ith Significant Issues: Significant Mitigation impact No Impact Incorporated Impact iv. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? _ _ ✓ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? _ _ _ ✓ f} Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 9 of 26 Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact regional, or state habitat conservation plan? _ _ _ ✓ Biological Resources IV.a-b) The project proposes to develop an approximately 248 square foot freeway sign on 1.61 acres utilized as outdoor display area for an automobile dealership, a freeway oriented business, located in an urbanized area of the City. Adoption of the project will not result in an adverse impact on species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. The project site is not identified in the Biotic Resources Map, Figure 7.1 of the MEA/EIR, as being within an area containing endangered, rare or species of special status or rare biological resources, ortheirvalued habitat. No mitigation is required. IV.c) Adoption of the proposed project will not have an adverse effect on federally protected wetlands. The project is not located on or near any property designated as wetland. No mitigation is required. IV.d) Adoption of the proposed project will not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. The project site is not identified in the Biotic Resources Map, Figure 7.1 of the MEA/EIR, as being within an area containing resident migratory wildlife or their habitat nor is it used by wildlife as a migratory corridor. No mitigation is required. IV.e) Adoption of the proposed project will not cause a conflict with any local policies or ordinances protecting biological resources. No biological resources are located in this area thus the project will not cause a conflict with any local polices or ordinances protecting these resources. No mitigation is required. IV.f) Adoption of the proposed project will not cause a conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. The project site located in an urbanized area of the City and is not subject to any conservation plan. No mitigation is required Less Than Significant Less Than Issues: Potentially With Significant Significant Mitigation Impact No Impact Incorporated Impact V. CULTURAL RESOURCES. Would the project: Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 10 of 26 Less Than Significant Less Than Issues: Potentially With Significant Significant Mitigation Impact No Impact Incorporated Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? _ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? — V/ c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? _ _ _ ✓ d) Disturb any human remains, including those interred outside of formal cemeteries? Cultural Resources V.a-d) According to the Archaeological Resource Sensitivity Map (Figure 10.1 of the MEAIEIR), the subject site is not identified as being within an Area of No Concern for Archaeological Resources. The project site is within an urbanized area which has been previously graded and paved. No mitigation is required Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. _ _ ✓ ii) Strong seismic ground shaking? Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 11 of 26 Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact iii) Seismic-related ground failure, including liquefaction? _ iv) Landslides? _ b) Result in substantial soil erosion or the loss of ✓ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? _ _ _ ✓ Geology and Soils Vl.a-d)According to the MEAIEIR the project site is not located in an area of the City susceptible to geological hazards. According to Figures 4.3, 4.4, 4.5, and 4.9 the project site is located outside of City areas with potential for generalized erosion, landslide, expansion or generalized liquefaction. Additionally Figure 4.6 of the MEAIEIR identifies the project site as being located outside areas near faults. The applicant will submit a soils study for the project site analyzing existing site conditions and outlining site preparation and construction measures for the development of the freeway sign. The applicant shall be required to develop the project in accordance with all the recommendations included in the soils study prepared for the project site. Additionally the project will be constructed to adhere to all federal, state, and local regulations pertaining to seismic safety design. No mitigation is required. VI.e) The project involves the development of a freeway sign and does not impact the City's sewer system. No mitigation is required. Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 12 of 26 Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact VII. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate gas emissions, either directly or indirectly, that may have a significant impact on the environment? _ ✓ b) Conflict with an applicable plan, policy or regulation adopted for the purposes of reducing the emissions of greenhouse gases? _ _ _ ✓ Greenhouse Gas Emissions Vll.a) The project will not generate greenhouse gas emissions, either directly or indirectly, that would have a significant impact on the environment. The project entails the development of a freeway sign that has no potential to generate greenhouse gas emissions when constructed and operational. No mitigation is required. Vll.b) The project will not conflict with any applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. No mitigation is required. Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact VIII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? _ _ _ ✓ b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ✓ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? _ ✓ Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 13 of 26 Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result,would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? _ _ _ ✓ f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Hazards and Hazardous Materials VIII.a-h)Adoption of the project does not involve the use of hazardous materials and will not create a significant hazard to the public or the environment through the transport, use, or disposal of hazardous materials, upset and accident conditions involving the release of hazardous materials into the environment, nor will it cause hazardous emissions or involve the handling of hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. The project site is not located on a hazardous materials site nor is it located within two miles of an airport or airstrip. Adoption of the proposed project will not result in impairing implementation of or physically interfering with an adopted emergency response plan or emergency evacuation plan. The project site is not identified in Figure 15.1 of the General Plan MEA/EIR as being located in a high fire hazard zone. No mitigation is required. Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 14 of 26 Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact IX. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been — granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result insubstantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? — — — V/ f) Otherwise substantially degrade water quality? _ _ ✓ g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? _ _ V/ h) Place within a 100-year flood hazard area structures which would impede or redirect flood Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 15 of 26 Less Than Significant Less Than Potentially with Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? — — j) Inundation by seiche, tsunami, or mudflow? — _ — ✓ Hydrology and Water Quality IX.a) The project proposes to develop an approximately 248 square foot freeway sign and will not alter existing impermeable surfaces which make up a majority of the site. The project will not specifically violate any water quality standards or waste discharge requirements. No mitigation is required. IX.b) The proposed project involves the development of a freestanding sign and will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. No mitigation is required. IX.c) The proposed sign will not substantially alter the existing drainage pattern of the site. Nor will the project result in substantial erosion or siltation on- or off-site. The applicant will pay impact fees for project drainage impacts if necessary. No mitigation is required. IX.d) As noted above in item VIII(c), the proposed project would not alter existing drainage patterns on site or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. No mitigation is required. IX.e) As discussed above,the project involves the construction of an approximately 248 square foot sign. Proposed construction activities are not large enough to create or contribute runoff water which would exceed the capacity of existing or planned storm waterdrainage systems or provide substantial additional sources of polluted runoff. No mitigation is req uired. IX.f) The project does not have the potential to degrade water quality. No mitigation is required. Xl.g-j) The project is not located within a 100-year flood hazard area or area susceptible to seiche,tsunami, or mudflow hazards thus adoption of the proposed project will not result in any of these hazards. No mitigation is required. Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 16 of 26 Less Than Significant Less Than Potentially W ith Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact X. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? _ _ _ ✓ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ✓ c) Conflict with any applicable habitat conservation plan or natural community conservation plan? _ _ _ ✓ Land Use and Planning X.a-c) The project entails the development of an approximately 248 square foot Freeway- Oriented on 1.61 acres utilized as outdoor display area for an automobile dealership in the EV/CG (General Commercial) District of the East Valley Corridor Specific Plan. Due to the size and location of the sign it is subject to special provisions of both the General Plan and City Sign Ordinance. The General Plan's Principles of Managed Development established pursuant to Measure U places limitations on outdoor commercial signs. According to Principle 6(e) permanent outdoor commercial signage is to be limited in size in order to provide the least intrusion on the community and the least risk of visual blight. This principle requires that no permanent outdoor commercial sign be approved that exceeds 120 square feet in size except by a 4/5 vote of the City Council. In addition the Redlands Sign Ordinance (Section 15.36.100(f)) requires that the City Council make three (3) findings in approving a sign that exceeds 120 square feet in size. 1. The size of the sign should be compatible with the design, architecture, and scale of the building(s) and/or project; 2. The size of the sign should be aesthetically consistent with the project, adjacent areas, and the City of Redlands; and, Initial Study for Sign Conditional Use Permit No. 17FORM "J" Page 17 of 26 3. The size of the sign should be needed to provide necessary project identification for the benefit of the general public. The City Council will evaluate the proposal and make determinations on each of the findings. The Council may also add Conditions of Approval to the project as deemed necessary to comply with each of the findings. The Redlands Sign Ordinance (Section 15.36.420) establishes regulations for Freeway-Oriented Signs. These types of signs are permitted in certain designated areas of the City as illustrated in Figure 16 of the Redlands Sign Ordinance and are located near freeway off-ramps located in the City. Freeway- oriented signs may be installed by motorist serving businesses as well as auto dealers and regional shopping centers within specially designated areas of the city. Again the City Council may include Conditions of Approval for the project as deemed necessary for compliance with Code provisions. No mitigation is required. Less Than Significant Less Than Potentially W ith Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact XI. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? _ _ _ ✓ b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? _ ✓ Mineral Resources XI.a,b) The project site is in an urbanized area of the City. The property is not located within a known mineral resource area as identified in General Plan MEA/ElRfigure 8.2. Therefore the project would not result in the loss of mineral resources. No mitigation is required. Initial Study for Sign Conditional Use Permit No. 17FORM"J" Page 18 of 26 Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact XII. NOISE. Would the project: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? -_ ✓ b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? ✓ c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? _ V/ d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? _ _ _ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? _ _ _ ✓ Noise Xll.a-f)The proposed freeway sign will neither directly or indirectly increase ambient noise levels or expose people to severe ground borne noise levels or vibrations. Adoption of the project will not expose people to or generation of noise levels in excess of standards established in the general plan or applicable standards of other agencies. The site is not located within two miles of an existing airport and will not expose people residing or working in the project area to excessive noise levels. No mitigation is required. Initial Study for Sign Conditional Use Permit No. 17 FORM "T Page 19 of 26 Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact XIII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? _ _ _ ✓ b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? J ✓ c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? _ _ _ ✓ Population and Housing Xlll.a-c) The project would develop a freeway oriented sign with an area of 248 square feet therefore it does not have the potential to induce substantial population growth. In addition the project does not have the potential to displace housing or people as the project site is within a commercially zoned area. No mitigation is required. Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact XIV.PUBLIC SERVICES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? _ _ _ ✓ Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 20 of 26 Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? — — — V/ Public Services XIV.a) The project would develop a newfreeway sign and does not have the potential to impact or result in a need for new or altered public services provided by the City of Redlands, the Redlands Unified School District, or other governmental agencies. Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact XV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? _ _ ✓ b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? _ _ _ ✓ Recreation XV.a-b)The project entails the development of a new freeway sign for a vacant parcel which will be developed with a freeway oriented business. Given the nature of the project, it does not have the potential to increase the use of existing neighborhood and regional parks or other recreational facilities nor require the construction or expansion of recreational facilities. No mitigation is required. Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 21 of 26 Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact XVI.TRANSPORTATION 1 TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system,taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? _ b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? _ ✓ Transportation /Traffic XVI.a,b) The project would develop a freeway oriented sign on 1.61 acres utilized as outdoor display area for an automobile dealership, a freeway oriented business. It does not Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 22 of 26 have the potential to generate a significant increase in traffic in relation to the existing traffic load and capacity of the street system. It is not likely that the project will result in Levels of Service dropping below General Plan limits for neighboring streets. No mitigation is required. XVI.c) No air traffic demand would be created or affected by this project. No mitigation is required. XVI.d) The project will not create any hazards through its design and will meet all city and state standards for street construction. No mitigation is necessary since the project does not produce a traffic hazard. XVI.e) The project will have adequate emergency access for police and fire service and will have no impact on the emergency access to adjacent properties. No mitigation is needed. XVI.f) The sign does not require the construction of any parking. No mitigation is required. XVI.g) The project will not have any conflicts with any programs or policies that support alternative modes of transportation. No mitigation is needed Less Than Significant Less Than Potentially With Significant ISSUES: Significant Mitigation Impact No Impact Incorporated Impact XVII. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? — 4 c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 23 of 26 Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact needed? ✓ e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacityto serve the project's projected demand in addition to the provider's existing commitments? _ _ _ ✓ f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? ✓ g) Comply with federal, state, and local statutes and regulations related to solid waste? _ _ _ ✓ Utilities and Service Systems XVII.a-g)The project involves the development of an approximately 248 square foot freeway oriented sign. No part of this project would have the potential to effect water, drainage facilities or solid waste facilities. No mitigation is required. Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation Impact No Impact Incorporated Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? _ _ ✓ b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 24 of 26 Less Than Significant Less Than Potentially With Significant Issues: Significant Mitigation impact No Impact Incorporated Impact are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) _ ✓ c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ✓ Mandatory Findings of Significance XVIII.a) Adoption of the proposed project will not have the potential to degrade the quality of the environment. XVI II.b) The project will not significantly impact the environment by itself and with the mitigation measures identified within this document will not be cumulatively significant. XVIII.c) Adoption of the proposed project will not cause substantial adverse effects on human beings, either directly or indirectly. REFERENCES Redlands General Plan Master Environmental Assessment/ Final Environmental Impact Report for Redlands General Plan California Environmental Quality Act Guidelines California Environmental Quality Act Air Quality Handbook Flag Test Completed for Project Site MITIGATION MEASURES AND MITIGATION MONITORING AND REPORTING PROGRAM AESTHETICS 1. To mitigate the potential impacts identified in Sections I(c-d) of the Environmental Checklist relative to aesthetic characteristics for the property the applicant shall limit the sign to have a height of no more than seventy five (75)feet so as not to create an adverse impact to aesthetics in the general area. Initial Study for Sign Conditional Use Permit No. 17 FORM "J" Page 25 of 26 To be monitored by the Development Services Department, PIanning Division,and shown on the construction plans prior to the issuance of any permits and installed on-site prior to final inspection of the permit. Initial Study for Sign Condition@[ Use Permit No. 17 FORM "J" Page 26 of 26 Exhibit "B" DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL AND DEVELOPMENT INFORMATION FOR SIGN CONDITIONAL USE PERMIT NO. 17 Date of Preparation: October 7, 2014 Planning Commission Date: October 14, 2014 City Council Date: November 18, 2014 Applicant: Quiel Bros Electric Sign Service Company, Inc. Location: 800 Alabama Street CONDITIONS OF APPROVAL 1. The approval is for construction of a 248 square foot freeway-oriented sign with a height of seventy five (75) feet on 1.61 acres utilized as outdoor display area for an automobile dealership located on the east side of Alabama Street and both sides of Industrial Park Avenue, south of Interstate 10, in the EV/CG (General Commercial) District of the East Valley Corridor Specific Plan. As amended by the Planning Commission on October 14, 2014. 2. The sign shall be cared for and maintained in good condition. 3. The applicant shall obtain Building Permits from the Development Services Department. 4. All signs 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 and overturning moment. 5. All plans submitted to the City shall reflect the Planning Commission approval and any other changes required by the Commission 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. 6. 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. 7. The applicant for this permit, and its successors and assigns, shall defend, indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or 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 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 of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit (together, the "Security") in a form satisfactory to the City and in the amount of One Hundred Thousand Dollars ($100,000), to ensure applicant's performance of its defense and indemnity obligations under 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. 8. The applicant shall limit the sign to have a height of no more than seventy five (75) feet so as not to create an adverse impact to aesthetics in the general area. Mitigation Measure No. 1 Approved by: Oscar W. Orci, Development Services Director 7. The applicant for this permit, and its successors and assigns, shall defend, indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or 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 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 of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit (together, the "Security") in a form satisfactory to the City and in the amount of One Hundred Thousand Dollars ($100,000), to ensure applicant's performance of its defense and indemnity obligations under 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. 8. The applicant shall limit the sign to have a height of no more than seventy five (78) feet so as not to create an adverse impact to aesthetics in the general area. Mitigation Measure No. 1 Approved by: Ci a . Orci, Development Services Director