BEFORE THE ZONING ADMINISTRATOR OF THE CITY OF PITTSBURG

Transcription

1 BEFORE THE ZONING ADMINISTRATOR OF THE CITY OF PITTSBURG In the Matter of: Resolution of approval for an eight-foot tall freestanding sign to identify tenants of the existing Contra Costa Industrial Park, located at 1201 to 1251 Loveridge Road, for "Contra Costa Industrial Park Freestanding Sign. AP (SR)." Resolution No. 129 The Zoning Administrator DOES RESOLVE as follows: Section 1. Background A. On August 26, 2009, Andy Hakimi of Ability Lighting filed Sign review Application No requesting approval to install an eight-foot tall freestanding sign to identify tenants of the existing Contra Costa Industrial Park, located at 1201 to 1251 Loveridge Road in the IG (General Industrial) District. APN B. On August 26, 2003, the Planning Commission adopted Resolution No delegating certain types of design review projects to the Zoning Administrator. Design review of this project is delegated to the Zoning Administrator under Section 1 (Freestanding Signs) of Planning Commission Resolution No C. On September 22, 2009, a Notice of Intent to exercise staff delegated authority for this project was included on the Planning Commission agenda. D. The proposed freestanding sign is consistent with Pittsburg Municipal Code (PMC) section (Freestanding Signs) and PMC section , which applies to allowable content, area, and height of signs permitted for industrial uses. E. The Zoning Administrator may approve a freestanding sign upon making one or more of the following findings: 1 The business is set back from the street or obscured from view by adjacent structures or vegetation in such a manner that adequate identification cannot be obtained from a sign placed on the building; 2. The sign is necessary to provide the business with a comparable degree of identity from the street as that available to businesses or uses on neighboring premises; Page 1 of 4 Reso. No. 129

2 3. The size or width of the property upon which the business or use is located is such that a sign placed on the building would not adequately identify the premises occupied by that use; The architectural style, material, or elements of construction are such that signs attached to the building would be in conflict with the provisions of chapter of the Zoning Ordinance (PMC title 18); or 5. The sign is part of a master identification sign for a shopping center of four more individual businesses. F. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 11, "Accessory Structures" of the State CEQA Guidelines, section Section 2. Findings A Based on all the information contained in the Planning Division files on this project, incorporated herein by reference and available for review in the Planning Division located at 65 Civic Avenue in Pittsburg, and based on evidence presented to the Zoning Administrator on September 29, 2009, the Zoning Administrator finds that: 1. All recitals above are true and correct and are incorporated herein by reference. 2. The proposed freestanding sign is appropriate for this location in that there are multiple businesses located on the site that are only accessible by a private access driveway that runs perpendicular to Loverdige Road. As a result, several businesses on the property lack frontage on and visibility from Loveridge Road, the nearest public right-of-way, and several businesses on-site have entrances that are located a significant distance back from the Loveridge Road frontage. 3. The proposed freestanding sign will be attractively designed and adequately engineered and does not exceed the height requirement for the particular land use (eight feet). 4. The proposed freestanding sign will encroach into the public right-of way; however, if an encroachment permit for the sign is obtained, then the sign will be in compliance with the requirements of the Engineering Division and the sign will not be located in an area that will create sight distance problems. Page 2 of 4 Reso. No. 129

3 5. The proposed freestanding sign will be located in a permanently maintained landscaped area if additional landscaping is added around the base of the sign. Section 3. Decision A. Based on the findings set forth above, the Zoning Administrator hereby approves Sign Review Application No , subject to the following conditions. 1. The Contra Costa Industrial Park freestanding sign shall be constructed in substantial conformity with the project plans date stamped August 26, 2009, attached to this resolution as Exhibit A, except as hereinafter modified. 2. The applicant shall obtain a building permit for this project from the City's Building Division, prior to installing the sign. 3. In conformance with PMC section D, the applicant shall provide attractive landscaping around the base of the freestanding sign. Landscaping and irrigation details shall be submitted with the building permit application and will be subject to review and approval by the Planning Division prior to issuance of a building permit. 4. Prior to receiving a building permit from the City to construct the sign, the developer shall enter into a Revocable Encroachment Agreement for all improvements that will be located within or encroach into the public rightof-way. 5. The developer shall verify the location of all utilities in the area prior to installation. 6. The Standard Conditions of Development as adopted by the Pittsburg Planning Commission by Resolution No shall apply as conditions of approval for this project, as applicable. Where there is a conflict between Planning Commission Resolution No and the conditions identified herein, the specific conditions of this resolution shall apply. 7. The applicant shall comply with all of the requirements of the Development Services Department (including the Building, Planning and Engineering Divisions), Contra Costa County Fire Protection District and all applicable local, state, and federal agencies. 8. It is the responsibility of the applicant to contact each local, state, or federal agency for requirements that may pertain to this project. Page 3 of 4 Reso. No. 129

4 9. Applicant agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents and consultants from any and all administrative, legal or equitable actions or other proceedings instituted by any person challenging the validity of this project approval, subsequent project approval, or other action arising out of, or in connection with, this project approval. The parties shall cooperate in defending such action or proceeding. The parties shall use reasonable efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, City may select its own legal counsel at applicant's sole cost and expense. Applicant may select its own legal counsel to represent applicant's interests at applicant's sole cost and expense. Applicant shall pay for City's costs of defense, whether directly or by timely reimbursement to City on a monthly basis. Such costs shall include, but not be limited to, all court costs and attorneys' fees expended by City in defense of any such action or other proceeding, plus staff and City Attorney time spent responding to and defending the claim, action or proceeding. 10. This approval will expire on September 29, 2010, unless a building permit has been issued for this project, or a written request for extension is filed with the Planning Division prior to the expiration date and subsequently approved by the Zoning Administrator. This approval shall be valid for no more than six months from the date of building permit issuance, unless work is commenced and diligently pursued prior to the expiration of the building permit. Section 4. Effective Date This resolution shall take effect immediately upon adoption of this resolution. The foregoing resolution was passed and adopted the 1 st day of October 2009, by the Zoning Administrator of the City of Pittsburg, California. Aaen.a_ Fl*--zt7 DANA HOGGA, ZONING ADMINISTRATOR Page 4 of 4 Reso. No. 129

5 Irrnt view 4' wfide Side view 2" wide Install media d Loveridge Road. 15" 96" 48" Sign to be made from MIDO sheets & metal p anted in concrete. ret2 Ability Lighting Lk Signs Scb location: 98I D Ganda Aue. PiU66/4, Ca id: (925) bax: (925) Lie AnoL0ADM..(9)46a, I' x 3' Ctlitelete Itan Descr pton: One single face non illuminated tenant directory sign with four tenant spaces. Copyright Notice This drawing and all reproductions thereof are the property Of ABILITY LIGHTING & SIGNS and i may not be reproduced, published, changed or used in any way without written consent.

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