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Res 22-067RESOLUTION NO. 22-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING COMPREHENSIVE SIGN PERMIT 22-0003 TO ALLOW THREE FREESTANDING SIGNS GREATER THAN EIGHT FEET IN HEIGHT; ASSESSOR'S PARCEL NUMBER 275-461-15 / 275-461-14 WHEREAS, Comprehensive Sign Permit (CSP) 22-0003, submitted by Genie Jackson, applicant, and Palomar Pomerado Health and Pomerado Pavilion MOB LLC, property owners, requests approval to allow three freestanding signs greater than eight feet in height (up to 11 feet) for the Palomar Medical Center located at 15611 and 15615 Pomerado Road in the Hospital Campus (HC) zone; WHEREAS, on August 16, 2022, the City Council held a duly advertised public meeting to solicit comments from the public, both for and against, relative to this application; WHEREAS, Section 17.40.260 of the Poway Municipal Code (PMC) establishes findings required for granting signs to be greater than eight feet in height; WHEREAS, the site plan and sign details for this Comprehensive Sign Program request included in the agenda report are incorporated herein as Exhibit A; and WHEREAS, the City Council has read and considered the agenda report for the proposed Comprehensive Sign Program request and has considered other evidence presented at the public meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 11 Categorical Exemption (Accessory Structures) pursuant to Section 15311(a) of the CEQA Guidelines, in that the project involves freestanding signs located in a developed area appurtenant to an existing institutional use. SECTION 2: The findings, in accordance with Section 17.40.260 of the PMC, to approve CSP22-0003, are made as follows: A. Extraordinary circumstances exist which warrant the approval of three freestanding signs greater than eight feet in height. The existing landscaping, site layout and the grade of the site create low visibility for signage. The increased height is warranted to allow for visible wayfinding signs onto and within the hospital campus. B. The granting of the Comprehensive Sign Permit is compatible with the City General Plan in that the freestanding signs are designed and located to integrate with the physical and natural environment while providing safe and efficient on -site circulation; and the signs at their increased height serve the wayfinding purpose for visitors, patients and first - responders in complex hospital settings in order to respond to daily health care needs, to personal emergencies, and to community disasters. Respectively, the proposal meets the Community Development and Public Safety element of the General Plan. Resolution No. 22-067 Page 2 SECTION 3: The City Council hereby approves CSP 22-0003 as shown on the site plan and sign details incorporated herein by reference and stamped as "Exhibit A" and dated August 1, 2022 on file in the Development Services Department, except as noted herein, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this Comprehensive Sign Permit shall apply only to the subject signs approved at the proposed locations and shall not waive compliance with all other sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance. C. Within 30 days of the date of this approval, the applicant shall submit in writing that all conditions of approval have been read and understood. D. The conditions of CSP 22-0003 shall remain in effect for the life of the subject structure and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. A planning sign permit and building permit are required to be approved prior to installation of signs. The signs shall be developed in substantial conformance with the approved plans on file in the Development Services Department and the conditions contained herein to the satisfaction of the Development Services Director. A final inspection from the appropriate City departments will be required. F. Signs shall be designed so as not to obstruct any pedestrian, bicyclist or driver's view of right-of-way including from glare creating by the proposed signs. A freestanding sign adjacent to a driveway or street providing vehicular access to an abutting lot or street shall not be located within 15 feet of the intersection of the driveway and the street right-of-way and/or shall comply with the design standards for site visibility of the California Department of Transportation (Caltrans) (see PMC 17.08.240(C)). SECTION 4: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Resolution No. 22-067 Page 3 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 16th day of August, 2022 by the following vote, to wit: AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Steve Vaus, Mayor ATTEST: tY,4&j=� 344�6v(iL Carrie Gallagher, CMC, City Jerk