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HomeMy WebLinkAbout13-Development Services CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION OR\G\NAL Subject: Development Code Amendment No. 03-04 to allow an electronic message center sign for vehicle dealerships subject to a conditional use permit and Conditional Use Permit No. 03-03 to construct an electronic message center sign at the Center Auto Plaza. The project site for the proposed electronic sign is located at 1388 S. "E" Street in the CG-l, Commercial General land use district. From: Dept: James G. Funk, Director Development Services Date: February 24, 2004 MCC Date: March 1. 2004 Syuopsis of Previous Council Action: 02117/04. The Mayor and Common Council considered and referred to Legislative Review Committee. 02/23/04. The Legislative Review Committee considered and directed staff to prepare revisions for consideration by the Mayor and Common Council. Recommended Motion: That the Mayor and Common Council close the hearing and: That the ordinance be laid over for final adoption and Conditional Use Permit No. 03-03 be approved based upon the Findings of Fact contained in the Planning Commission Staff Report (Exhibit B), subject to the Conditions of Approval (Exhibit B, Attachment E). ~(,~ James G. Funk Contact person: Valerie C. Ross Phone: 384-5057 Supporting data attached: StaffReoort and Ordinance Ward(s): DCA - Citywide; CUP - 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: (~Rf)..JJfY\::::.-11 (,'1 Ae 4/3 3/15/bY' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 03-04/CONDITIONAL USE PERMIT NO. 03-03 Owner: City of Riverside Real Property Division 3787 University Avenue Riverside, CA 92501 909.826.5461 Applicant: Quiel Bros. Signs Larry Quiel 272 South ''r' Street San Bernardino, CA 92410 909.885.4476 BACKGROUND The Mayor and Common Council considered Development Code Amendment No. 03-04 and Conditional Use Permit No. 03-03 at their meeting of February 17, 2004. The Development Code Amendment will modify Development Code Chapter 19.22 (Sign Regulations), Sections 19.22.030, 19.22.060 and Table E.022.01 to allow electronic message center signs for auto dealerships subject to a Conditional Use Permit. The Conditional Use Permit will allow Center Auto Plaza to construct a 50-foot high, 571 square foot electronic message center sign for the Center Auto Plaza, with the sign being located on the property at 1388 South "E" Street in the CG-l, Commercial General land use district. The Mayor and Common Council staffreport of February 17, 2004, including the December 16, 2003 Plarming Commission staff report, contains the background discussion materials. Refer to Exhibit I. At the last meeting after considerable discussion, the Council referred the matter to the Legislative Review Committee (LRC) for discussion. The council members, while generally supportive, expressed concerns about a proliferation of electronic message center signs in the City. The LRC held a special meeting on February 23,2004 to receive additional input. Larry Quiel, Quiel Bros. Signs, provided the Legislative Review Committee with a pamphlet of information, and summarized the electronic message center signs. See Exhibit II. The issues discussed and recommendations of the Legislative Review Committee are as follows: . Dealerships. The LRC discussed keeping the definition as two or more, but allowing existing new vehicle dealers to be "grandfathered" in. This means that the dealers that are currently located in the City of San Bernardino could apply for an electronic message center sign, but if a new vehicle dealer moved to the City of San Bernardino, they would be required to have two or more makes of vehicles (Ford and Chevrolet for example) in order to apply for this slgnage. Recommendation - the LRC decided to delete reference to two or more and allow any/all single new vehicle dealers to participate. DCA03-04/CUP03-03 March 1, 2004 Page 2 . Brightness of Signage. The LRC and meeting attendees discussed different signs in the greater vicinity and the fact that some signs seemed to be too bright and made the signage appear gaudy. Mr. Quiel noted that the manufacturers of electronic signs can include automatic dimming devices, which automatically adjust based on real life factors (time of day, rain vs. sun, etc.). Mr. Quiel noted that this was essentially a standard in the industry. Recommendation - the LRC directed staff to include language that requires automatic dimming devices. . Signage Schematics - the LRC wanted to be able to view the proposed signage against the existing setting and existing signage (both on-site and adjacent sites). The LRC felt that this would help the Planning Commission to evaluate electronic message center signage proposals. Photo simulations are fairly standard with today's technology. Recommendation - require photo simulations as part of the Conditional Use Permit application. . Sign Abatement - the LRC agreed that appropriately sized, regularly maintained, and legal signage - "good" signage - was important to businesses, as well as the City of San Bernardino. While the LRC felt that the proposed amendment (along with the amendment for three off-site electronic message center signs) would not lead to an over-proliferation of these types of signs, the illegally installed, unmaintained, abandoned, and unpermitted signage contributed to visual blight. Mr. Quiel referred to the Signline publication in his packet, and explained to the LRC how studies in the sign industry found that electronic message center signs increased sales, which resulted in increased sales tax revenue. The LRC felt strongly that some of the increased sales tax revenue should be earmarked for sign code enforcement. Recommendation - that a portion of the increase in sales tax that is generated by vehicle dealers installing new electronic message center signs in San Bernardino per this Development Code Amendment be dedicated to the abatement of illegal signage. The following is a summary of the proposed sign code changes to Chapter 19.22 ofthe Development Code. 1. Section 19.22.030, Definitions, will be modified to include definitions for vehicle dealerships and electronic message center signs as follows: . Vehicle Dealership: one or more new vehicle sales establishments (with ancillary used cars and/or recreational vehicle sales). . Electronic Message Center Sign: a sign having the capability of presenting variable message displays by projecting an electronically controlled pattern against a DCA03-04/CUP03-03 March 1. 2004 Page 3 contrasting background and which can be programmed to change the message display periodically. 2. Table 022.01, Sign Regulations By Land Use Category (C), will be modified to include a new sign class heading for vehicle dealerships and requirements for electronic message center signs. See below. Sign Regulations Sign Sign Maximum Maximum Maximum Additional Class Type Number Sign Sign Requirements Area Height 5. Vehicle Electronic I Case by 50 feet . setback 5 feet from Dealership Message Case (may be property line Center increased . adjacent to a freeway Sign to 75 feet and within Freeway with flag Corridor Overlay test) District . street frontage of 500 feet . no closer than 500 feet to another electronic Sign . photo simulation required . automatic dimming device required 3. Section 19.22.060(0), Prohibited Signs will be deleted. FINANCIAL IMPACT None. The applicant paid the Development Code Amendment and Conditional Use Permit filing fees. DCA03-04/CUP03-03 March 1, 2004 Page 4 RECOMMENDATION That the Mayor and Common Council close the hearing and: That the ordinance be laid over for final adoption and Conditional Use Permit No. 03-03 be approved based upon the Findings of Fact contained in the Planning Commission Staff Report (Exhibit B), subject to the Conditions of Approval (Exhibit B, Attachment E). EXHIBITS: I February 17,2004 Mayor and Common Council Staff Report II Quiel Bros. Signs Packet III Ordinance ATTACHMENT I SIGN REGCLATIONS - 19.22 Civic Event Sign. A temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, school, church, civic-fraternal organizations, or similar non- commercial organization. Commercial Seasonal Sign. An "open" or "closed" window sign, posted on a seasonal basis. Construction Sign. A temporary sign erected on the parcel on which construction is taking place, limited to the duration of the construction, indicating the names of the architects, engineers, landscape architects, contractors, or similar artisans, and the owner, financial supporters, sponsors, and similar individuals or firms having a major role or interest with respect to the structure or project. Directional Sign. Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one way", "entrance", or "exit". Directory Sign. A sign for listing the tenants or occupants and their suite numbers of a building or center. Double-faced Sign. A single structure designed with the intent of providing copy on both sides. Electronic Message Center Sign. A sign having the capability of presenting variable message displays by projecting an electronically controlled pattern against a contrasting background and which can be programmed to the message display periodically. Eaveline. The bottom of the roof eave or parapet. C rAVEUN' Flashing Sign. A sign that contains an intermittent or sequential flashing light source. Freestanding Sign. A sign that is supported by I or more uprights, braces, poles, or other similar structural components that is not attached to a building or buildings. Freeway Sign. A sign adjacent to a freeway right-of-way which advertises a freeway adjacent business or a qualifying business in close proximity to a freeway pursuant to the provisions of 19.22.080(4) of this chapter. Me 9291/19/95 111-19 10/99 SIGN REGULATIONS - 19.22 the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display is erected. Sign Area. The entire face of a sign, including the surface and any framing, projections, or molding, but not including the support structure. Individual channel-type letters mounted on a building shall be measured by the area enclosed by four straight lines outlining each word. Sign Program. A coordinated program of I or more signs for an individual building or building complexes with multiple tenants. Temporary Sign. A sign intended to be displayed for a limited period of time. Trademark. A word or name which, with a distinctive type or letter style, is associated with a business or business entity in the conduct of business. MC 834 6/19/92 Vehicle Dealership. One or more vehicle sales establishments (with ancillary used cars and recreational vehicle sales). Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or an activity or business located on such property. Wall Sign. A sign painted on or fastened to a wall and which does not project more than 12 inches from the building or structure. Window Sign. Any sign that is applied or attached to a window or located in such a manner that it can be seen from the exterior of the structure. 19.22.040 SIGN PERMIT REQUIRED 1. GENERAL No sign, including a copy change, or temporary sign, unless exempted by this Chapter, shall be constructed, displayed or altered without a sign permit or sign program approved by the City. The Director shall review all signs unless otherwise stated. 2. SIGN PROGRAM A sign permit for a sign program may be submitted for all new commercial, office, and industrial centers consisting of 3 or more tenant spaces. The program may be filed with the project application to construct the center, and can be processed concurrently with the project application. The purpose of the program shall be to integrate signs with building and landscaping design to form a unified architectural statement. MC 1057 10/8/99 19.22.50 EXEMPT SIGNS Table 022.00 identifies the signs that are exempt from the provisions of this Chapter. MC 1057 10/8/99 III-22 10/99 SIGN REGULATIONS - 19.22 19.22.060 PROmBITED SIGNS The following signs are inconsistent with the sign standards set forth in this Chapter, and are therefore prohibited: A. Abandoned signs as defined in Section 19.22.030. B. Animated, moving, flashing, blinking, reflecting, revolving, or any other similar sign, except electronic message boards C. Banners, flags, and pennants, except as permitted by Sections 19.22.070 and 19.22.090. MC 9799/5/96 D. Bench signs E. Billboards or Outdoor Advertising signs, except as permitted by Section 19.22.080 ofthis Chapter. MC 929 1/19/95 F. Chalkboards or blackboards G. CHangeaele ~0py siglls aad 0le~trollic Iflessage Boanls, eK~eflt as allowea BY a CUP for Iflovie theaters, arellas, statliHlIlS, or lllItO IflBlls (ill the CR 1 lane IIse aistrict). 11lstillitioaal uses, suell. as effilr~hes allEl seH0ols, Iflay ill~oFflorale eHangeaBle ~OflY ill \',all or IflOlltilflellt sigHs ana are exeHlflt KOIfl tile CUP re'llliremellt. MC 101e 2.'27/98 H. Illegal signs as defined in Section 19.22.030. I. Off-site or billboard signs, except as permitted by Section 19.22.080 J. Permanent sale or come-on signs K. Portable signs or A-frame signs L. Signs deemed to be a public nuisance as defined in Section 19.22.030 and MC Section 8.30.010. M. Roof signs N. Signs on public property, except for traffic regulatory, informational signs, signs required by a governmental agency, and model home tour signs, and except as permitted by Section 19.22.080. MC 812 12/5/91 O. Signs painted on fences or roofs P. Balloons and other inflated devices or signs designed to attract attention, except as allowed per Section 19.22.070. Q. Signs that are affixed to vehicles, excluding permanent signs on commercial vehicles R. Signs which simulate in color or design a traffic sign or signal, or which make use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic. MC 1057 10/8/99 19.22.070 TEMPORARY SIGNS Special event signs and civic event signs may be approved by the Director for a limited period of time as a means of publicizing special events such as grand openings, carnivals, parades, charitable events, holiday sales, and special promotions. Such special event signs shall be limited to the following provisions: A. No temporary sign shall be erected without a temporary sign permit. B. 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'0 loo _ '0 " ~ 'I: " ;~~t~;:; E.S:! ~ ~u = "E=-5,~,.~~ .!::.~~i:;~,!:! =~f~""Q,l= i-==~~~.~ loof-E:,!,-Q . . . t ~ ~1" . ~ ' , .. ~~ ~. .\;l~ c: .<:.: ~ ti E 00 -i3 ... ... 00 .... " .. ." en ~ Co) C ~'- q -; ~ ~ ~~~ i~ 50 5. ~ -;; ; g e e o u ') , ~ ~ ()Q ~ . ~ ...: ~ ...., ..... . e ... - ~C4 00 <:( ... ~ >- .c M '" u o oS '" .s ~ 00 '" o fil u .2 ,g ., :0 ~ ~ 0. [if " z Alternative Additional Requirement For Electronic Message Center Signs Table 022.01, Sign Regulations By Land Use Category (C), will be modified to include a new sign class heading for vehicle dealerships and requirements for electronic message center signs. See below. Sign Regulations Sign Sign Maximum Maximum Maximum Additional Class Type Number Sign Sign Requirements Area Height 5. Vehicle Electronic I Case by 50 feet . setback 5 feet from Dealership Message Case (maybe property line Center increased . adjacent to a freeway Sign to 75 feet and within Freeway with flag Corridor Overlay test) District . street frontage of 500 feet . no closer than 500 feet to another electronic Sign . photo simulation required . automatic dimming device required . The Sign must advertise 2 or more Vehicle Dealerships if one of the Vehicle Dealerships was not lawfully operating within the Freeway Corridor Overlay District on March 1,2004. Added language in Bold. 1 2 3 4 5 6 7 8 9 10 11 12 (C~~v ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING CHAPTER 19.22 (SIGN REGULATIONS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO ELECTRONIC SIGN REQUIREMENTS FOR AUTO DEALERSHIPS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 19.22, Sections 19.22.030, 19.22.060 and Table 022.01 of the Municipal Code (Development Code) is amended to modify the sign requirements for electronic signs within the Freeway Corridor District Overlay for auto dealerships as shown in Attachment 1, attached hereto and incorporated herein by reference. SECTION 2. Severability. In the event that any provision of this Ordinance, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be 13 14 15 16 17 person or circumstance or of said provision as applied to any other person or circumstance. It is unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any 18 hereby declared to be the legislative intent of the City that this Ordinance would have been 19 adopted had such unconstitutional, invalid, or ineffective provision(s) not been included herein. 20 IIII 21 22 IIII 23 IIII 24 25 26 27 28 1 1 2 3 4 AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING CHAPTER 19.22 (SIGN REGULATIONS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO ELECTRONIC SIGN REQUIREMENTS FOR AUTO DEALERSHIPS. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a 6 7 8 9 10 11 12 13 meeting thereof, held on the day of , 2004, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MC GINNIS DERRY KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 18 City Clerk The foregoing ordinance is hereby approved this _day of 19 2004. 20 21 22 23 JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: 24 JAMES F. PENMAN City Attorney 25 By: L 1l~ 26 III () , 27 III 28 2 A TT ACHMENT 1 SIGN REGULATIONS -19.22 Civic Event Sign. A temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, school, church, civic-fraternal organizations, or similar non- commercial organization. Commercial Seasonal Sign. An "open" or "closed" window sign, posted on a seasonal basis. Construction Sign. A temporary sign erected on the parcel on which construction is taking place, limited to the duration of the construction, indicating the names of the architects, engineers, landscape architects, contractors, or similar artisans, and the owner, financial supporters, sponsors, and similar individuals or firms having a major role or interest with respect to the structure or project. Directional Sign. Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one way", "entrance", or "exit". Directory Sign. A sign for listing the tenants or occupants and their suite numbers of a building or center. Double-faced Sign. A single structure designed with the intent of providing copy on both sides. Electronic Message Center Sign. A sign having the capability of presenting variable message displays by projecting an electronically controlled pattern against a contrasting background and which can be programmed to the message display periodically. Eaveline. The bottom of the roof eave or parapet. c ~WUN' Flashing Sign. A sign that contains an intermittent or sequential flashing light source. Freestanding Sign. A sign that is supported by 1 or more uprights, braces, poles, or other similar structural components that is not attached to a building or buildings. Freeway Sign. A sign adjacent to a freeway right-of-way which advertises a freeway adjacent business or a qualifying business in close proximity to a freeway pursuant to the provisions of 19.22.080(4) ofthis chapter. MC 929 1/19/95 III-19 10/99 SIGN REGULATIONS -19.22 the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display is erected. Sign Area. The entire face of a sign, including the surface and any framing, projections, or molding, but not including the support structure. Individual channel-type letters mounted on a building shall be measured by the area enclosed by four straight lines outlining each word. Sign Program. A coordinated program of I or more signs for an individual building or building complexes with multiple tenants. Temporary Sign. A sign intended to be displayed for a limited period of time. Trademark. A word or name which, with a distinctive type or letter style, is associated with a business or business entity in the conduct of business. MC 834 6/19/92 Vehicle Dealerships, Dealerships with two or more new vehicle dealers (with ancillary used cars and recreational vehicle sales), Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or an activity or business located on such property. Wall Sign. A sign painted on or fastened to a wall and which does not project more than 12 inches from the building or structure. Window Sign. Any sign that is applied or attached to a window or located in such a manner that it can be seen from the exterior of the structure. 19.22.040 SIGN PERMIT REQUIRED 1. GENERAL No sign, including a copy change, or temporary sign, unless exempted by this Chapter, shall be constructed, displayed or altered without a sign permit or sign program approved by the City. The Director shall review all signs unless otherwise stated. 2. SIGN PROGRAM A sign permit for a sign program may be submitted for all new commercial, office, and industrial centers consisting of 3 or more tenant spaces. The program may be filed with the project application to construct the center, and can be processed concurrently with the project application. The purpose of the program shall be to integrate signs with building and landscaping design to form a unified architectural statement. M C 1057 10/8/99 19.22.50 EXEMPT SIGNS Table 022.00 identifies the signs that are exempt from the provisions of this Chapter. MC 1057 10/8/99 111-22 10/99 SIGN REGULATIONS - 19.22 19.22.060 PROIDBITED SIGNS The following signs are inconsistent with the sign standards set forth in this Chapter, and are therefore prohibited: A. Abandoned signs as defined in Section 19.22.030. B. Animated, moving, flashing, blinking, reflecting, revolving, or any other similar sign, except electronic message boards C. Banners, flags, and pennants, except as permitted by Sections 19.22.070 and 19.22.090. MC 979 9/5/96 D. Bench signs E. Billboards or Outdoor Advertising signs, except as permitted by Section 19.22.080 of this Chapter. MC 929 1/19/95 F. Chalkboards or blackboards G. CHangeable copy SigHS alll! eleetHlHic ffiessage Baarss, el(eept as allawes BY a CUP for H!s'/ie tHeaters, areaas, staSillH!S, ar !lI:Its _lis (iH the CR 1 1anallse distriet). IRstitxHieftftl Hses, sHell as eooreRes aHa sekeels, mar iaeeljl6fate ellllageable espy iH '.\'all ar H!sHlImelll SigHS aad are elleffijlt frSH! tHe CUP reEllliremelll. MC 10162/27/98 H. Illegal signs as defined in Section 19.22.030. 1. Off-site or billboard signs, except as permitted by Section 19.22.080 J. Permanent sale or come-on signs K. Portable signs or A-frame signs L. Signs deemed to be a public nuisance as defined in Section 19.22.030 and MC Section 8.30.010. M. Roof signs N. Signs on public property, except for traffic regulatory, informational signs, signs required by a governmental agency, and model home tour signs, and except as permitted by Section 19.22.080. MC 812 12/5/91 O. Signs painted on fences or roofs P. Balloons and other inflated devices or signs designed to attract attention, except as allowed per Section 19.22.070. Q. Signs that are affixed to vehicles, excluding permanent signs on commercial vehicles R. Signs which simulate in color or design a traffic sign or signal, or which make use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic. MC 1057 10/8/99 19.22.070 TEMPORARY SIGNS Special event signs and civic event signs may be approved by the Director for a limited period of time as a means of publicizing special events such as grand openings, carnivals, parades, charitable events, holiday sales, and special promotions. Such special event signs shall be limited to the following provisions: A. No temporary sign shall be erected without a temporary sign permit. B. Temporary signs shall be limited to 90 continuous days per event within a 180-day period from the start date of the event. III-26 10/99 0- 0- ~ 00 ~ o ~ t- on o ~ ~ Cii= c ~ ~ ~ .- ... '" .- '" :< -<: ~ ~ u ::E ~ " " ~ ~ e ~ .~ j ~ ~ ~ o tJ ~ ~ U ~ '" ;;;> ~ z <: ....l ;;.. ~ '" Z o ... Eo< <: ....l ;;;> tJ gj z tJ ... 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'" ~ :=c; ~ ~ ;..~ on ... ~ oS "C t .t-l ~ ~ .~ - - .- Q,l '" "'" =.::: O"~ "" Q ~ = 'Q ~ = '5 Q,l = = ~ e ~~~K'- i;:';i=~ ~~.~e-;:'O ~ g ";j e ~ t...1j~~.s'= Q ~ .c:l ::I c:r rnZ'ilQ.,<~ . . . . ... u E ~ -6 u ~ " '" " ~ c q ~ .... -;; " o 5il .:1 ~ u I o U ..., 0:: U u ,s " .s ~ ~ c o 'ii u .s: B u ~ ~ 1 <; z CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION OR\G\NAl Subject: Development Code Amendment No. 03-04 to allow an electronic message center sign for auto dealerships subject to a Conditional Use Permit and Conditional Use Permit No. 03-03 to construct an electronic message center sign at the Center Auto Plaza. The project site for the proposed electronic sign is located at 1388 South "E" Street in the CG-I, Commercial General land use district From: Dept: James G. Funk, Director Development Services Date: January 12, 2004 MCC Date: February 17, 2004 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the Mayor and Common Council: I) Deny Development Code Amendment No. 03-04 and Conditional Use Permit No. 03-03, and continue to the next meeting to allow Development Services to bring revised Findings of Fact to the Council, or 2) That the ordinance be laid over for final adoption and Conditional Use Permit No. 03-03 be approved based upon the Findings of Fact contained in the Planning Commission Staff Report (Exhibit B), subject to the Conditions of Approval (Exhibit B, Attachment E). YtftW;{;,& ~JF- James . Funk Contact person: Aron Liang Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 3 FUNDING REQUIREMENTS: Amount: N/ A Source: (Acct. No.) (Acct. Description) Finance: ~- Agenda Item No. ~ Council Notes: CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 03-04 AND CONDITIONAL USE PERMIT NO. 03-03 Owner: City of Riverside Real Property Division 3787 University Avenue Riverside, CA 92501 909.826.5461 Applicant: Quie! Bros Signs Larry Quie! 272 South "I" Street San Bernardino, CA 924 I 0 909.885.4476 BACKGROUND The applicant is requesting that the Mayor and Common Council approve Development Code Amendment No. 03-04 to modify Development Code Chapter 19.22 (Sign Regulations), Sections 19.22.030, 19.22.060 and Table E.022.01 to allow an electronic message center sign for auto dealerships subject to a Conditional Use Permit. The proposed amendment is applicable Citywide within the Freeway Corridor Overlay District, subject to the proposed provisions in the text. Also requested for approval is Conditional Use Permit No. 03-03 to construct a 50-foot high, 571 square foot electronic message center sign for the Center Auto Plaza. The project site for the proposed electronic sign is located at 1388 South "E" Street in the CG-I, Commercial General land use district (Exhibit A). Please refer to the Planning Commission Staff Report (Exhibit B) for additional discussion. Attachment C to the Planning Commission Staff Report outlines the proposed Development Code Amendment changes. At its meeting on December 16, 2003, the Planning Commission opened the public hearing and received public testimony on this matter. After considerable discussion, the Planning Commission made a motion to recommend denial of Development Code Amendment No. 03- 04 and Conditional Use Permit No. 03-03. The Planning Commission voted 4 to 3 to deny the proposals. Commissioners Coute, Enciso, Morris, and Sauerbrun voted in favor of the motion for denial and Commissioners DUff, Lynch, and Thrasher voted against the motion for denial. Commissioner Lockett was absent. The Planning Commission members who were opposed to the proposals expressed two main concerns as follows: DCA03-04/CUP03-03 February 2, 2004 Page 2 1) Proliferation of electronic signs along the Freeway Corridor. The proposed amendment could encourage dealerships to form partnerships and join ventures to pursue electronic signs. This proposal could jump-start incentives for dealerships to acquire properties adjacent to a freeway for use as dealerships so to obtain electronic signs, which could lead to a proliferation and contribute to visual blight. 2) Lack of participation from adjacent dealerships. The proposals did not provide opportunities for other dealers who were not located within the Freeway Corridor Overlay District. The Planning Commission felt these limitations could provide a one-sided leverage benefit/advantage for one party. FINANCIAL IMPACT None. The applicant paid the Development Code Amendment and Conditional Use Permit filing fees. RECOMMENDA nON That the Mayor and Common Council close the hearing and: I) Deny Development Code Amendment No. 03-04 and Conditional Use Permit No. 03-03 and continue to the next meeting to allow Development Services to bring revised Findings of Fact to the Council, or 2) That the ordinance be laid over for final adoption and Conditional Use Permit No. 03-03 be approved based upon the Findings of Fact contained in the Planning Commission Staff Report (Exhibit B), subject to the Conditions of Approval (Exhibit B, Attachment E). EXHIBITS: I Location Map 2 Planning Commission Staff Report dated December 16, 2003 EXHIBIT 1 CITY OF SAN BERNARDINO PROJECT: DCA 03-04 & PLANNING DIVISION CUP 03-03 LOCATION MAP LAND USE DISTRICTS HEARING DATE: 12/16/03 ~. \ ", .,.... "':. :"', .~. . ,',"' . ... . ....... : '. ...... . t:)':':~~' ~J :: .\..CJ ; . . . ':: C.(NT"" f. ::' . " /' .,," IIy ,~ ,- '( -sitM ~ W . 6"Otlll"5 I .", - "bll. DIN'.s: o 0:: \,0:: K~LT <t ...-- It- CeNTuRY AW' /\ " u n- NORTH .. ~I . . ., T III---! ---I: J' r I I I " . . .. ~ ~ c .. ... z z C % U z I! u !E r ~ o z z o u ST ~ \\- , -::- t ..:::.,J 4 I~ ~f'f sw.... Dl -- EXHIBIT 2 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Code Amendment No. 03-04 & Conditional Use Permit No. 03-03 2 December 16, 2003 DCA-Citywide and CUP-3 AGENDA ITEM: HEARING DATE: WARD: APPLICANT Center Auto Plaza 1388 South HE" Street San Bernardino, CA 92408 909.889.8561 OWNER: City of Riverside 3787 University Avenue Riverside, CA 9250 I 909.8265461 REQUEST/LOCATION: Development Code Amendment . Modify Chapter 19.22, Sections 19.22.030, Table 022.00 and 19.22.060 (G) to allow an electronic message center sign for auto dealerships subject to a Conditional Use Permit. The amendment is applicable Citywide within the Freeway Corridor Overlay District. Conditional Use Permit . Construct a 50-foot high, 571 square foot electronic message center sign for the Center Auto Plaza. The project site is located east and adjacent to 1-215 at 1388 South "E" Street in the CG-1, Commercial General land use district. CONSTRAINTS/OVERLAYS: Liquefaction ENVIRONMENTAL FINDINGS: o Not Applicable Ii'l Exempt, Section 15311 - Accessory Structures o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: Ii'l Approval o Conditions o Denial o Continuance to: Development Code Amendment No. 03-04 Conditional Use Permit No. 03-03 December 15, 2003 Page 2 REOUEST AND LOCATION Quiel Bros, Electric Sign Co., on behalf of the Center Auto Plaza is requesting approval of a Development Code Amendment to modify Chapter 19.22, Sign Regulations, Sections 19.22.030, Table 022.00 and 19.22.060 (G) to allow an electronic message center sign for auto dealerships within the Freeway Corridor Overlay District, subject to a Conditional Use Permit. Also requested is a Conditional Use Permit to construct a 50-foot high, 571 square foot electronic message center sign for the Center Auto Plaza. The project site is located east and adjacent to 1-215 at 1388 South "E" Street in the CG-I, Commercial General land use district. Presently, Development Code, Chapter 19.22, Sign Regulations, limits electronic message center signs subject to a Conditional Use Permit, only to those areas in the CR-4, Commercial Regional- Auto Plaza land use district for auto dealerships. To date, there are auto dealerships located within the City that are adjacent a freeway and are not within the CR-4 land use district. The sign code limitation does not provide an opportunity for these auto dealerships to have an electronic message center sign. Specifically, the proposed amendment will modify the following: . Section 19.22.030, Definitions, will be modified to include definitions for dealerships and electronic message center sign. The dealership is being defined as having two or more new vehicle dealers to preclude proliferation of electronic signs. . Table 022.01, Sign Regulations By Land Use Category (C), will be modified to include a new sign class heading for auto dealerships and requirements for electronic message center signs. Although the sign must be located on-site, adjacent to the freeway, other new vehicle dealers in the general vicinity can be part of the signage. The locational criteria for adjacent to a freeway and within the Freeway Corridor Overlay District emphasize the consistency with the General Plan. Although the maximum square footage has not been defined, the overall function, size, placement, and visibility will be analyzed on a project-by-project basis. . Section 19.22.060 (G), Prohibited Sign, will be deleted. This will eliminate inconsistency within the sign regulations. Please see Attachment C for details on the proposed amendment. The Conditional Use Permit will allow the Center Auto Plaza to construct an electronic message center sign in the CG-Iland use district. The 50-foot high electronic sign will advertise the Center Auto Plaza and its activities and occasional public service messages. The electronic message center sign will be located in the rear of the property east and adjacent to the 1-215 (Attachments A and B). Development Code Amendment No. 03-04 Conditional Use Permit No. 03-03 December /5, 2003 Page 3 BACKGROUND The Center Chevrolet dealership was established at its present location in the 1960s. In 2000, Center Chevrolet acquired the Mazda dealership. There are two major dealerships within the Center Auto Plaza. In October 2003, Planning staff conducted a sample survey among six cities with freeway access for their provisions related to electronic message center signs (Attachment D). All six cities with freeway access allow electronic message center sign subject to a Conditional Use Permit and or a design review process for auto dealerships. Staff has also worked closely with Quiel Bros. Electric Sign Company to ensure that an internal consistency within the sign classification and standard requirements will be achieved (Attachment C). CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA) STATUS The proposed amendment is exempt from CEQA, Section 15311- accessory structures. This provision is applicable for construction or placement of minor structures accessory to existing commercial including but not limited to on-premise signs and other temporary facilities. DEVELOPMENT CODE AMENDMENT FINDINGS OF FACT 1. Is the proposed amendment consistent with the General Plan? Yes, the proposal is consistent with the General Plan objective: General Plan Objective 5.5 states: "Develop a consistent and well-designed program of public informational signage." The proposed amendment reflects current standards in numerous cities throughout Southern California. This proposal will allow Chapter 19.22 to be modified and updated to provide an opportunity for other dealerships outside of the CR-4 district to construct an electronic message center sign for better advertisement. The proposed amendment will enhance auto dealerships with good advertisement thus creating opportunity to generate more sales. The proposed amendment will be internally consistent with the General Plan and will accomplish the following: Development Code Amendment No. 03-04 Conditional Use Permit No. 03-03 December 15, 2003 Page 4 . Update Sign Regulations to allow an electronic message center sign subject to a Conditional Use Permit for auto dealerships in the Freeway Corridor Overlay District. . Promote consistent and well-designed signage. . Provide for distinctive signage that identifies vehicle dealerships. . Ensure that electronic message center signage compliments and does not detract from adjacent commercial uses. 2. Would the proposed amendment be detrimental to the public interest, health, safety, convenience, or welfare of the City? No, the proposed amendment would allow dealerships to construct message center signs subject to a Conditional Use Permit. The proposed amendment does not change the automobile sales dealerships design standards nor does it modifY the requirement for a Conditional Use Permit. This proposal will be in the public interest and welfare of the City in that it will implement the objectives and policies of the General Plan. CONDITIONAL USE PERMIT FINDINGS AND ANALYSIS 1. Is the proposed use conditionally permitted within the subject land use district, would it impair the integrity and character of the subject land use district, and does it comply with all of the applicable provisions of this Development Code? Yes, pursuant to Development Code Sections 19.22.030, Table 022.00 and 19.22.060 (G) as amended, electronic message center signs for auto dealerships are a permitted use in the CG-I, Commercial General land use district subject to a Conditional Use Permit. The proposed electronic message center sign complies with these requirements. 2. Is the proposed use consistent with the General Plan? Yes, the proposal is consistent with the General Plan policy: General Plan Policy 1.18.31 states: "Require that signage be integrated into the overall site and building design." The proposed sign has been designed to be integrated into the overall site. The existing pylon sign east and adjacent to 1-215 installed in 1990s will be removed in conjunction with installation of the 50-foot electronic message center sign, Although the existing pylon sign is still functional, it's becoming obsolete. The electronic message center sign should help to draw attention to the Center Auto Plaza, encouraging more customers to stop and shop for vehicles. Development Code Amendment No. 03-04 Conditional Use Permit No. 03-03 December 15, 2003 Page 5 3. Is the approval of the Conditional Use Permitfor the proposed use in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code? The project is exempt from CEQA per Section 15311, which exempts accessory structures. 4. Are there potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? As noted in Finding No.3, this project is exempt from CEQA review under Section 15311. 5. Are the location, size, design, and operating characteristics of the proposed use compatible with the existing andfuture land uses within the general area in which the proposed use is to be located and will it create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City? Yes, the location, size, design and operating characteristics of the proposed use is compatible with the existing and future land uses within the general area. The proposed sign will comply with Development Code guidelines for signs and will be 50 feet tall and will include areas for the auto center name, electronic message center, and dealership identification. The electronic message area will be 190 square feet, and the dealership identification area will be 180 square feet with the dealership logos at 20 I square feet. The total square footage of the proposed sign will not exceed 571 square feet. The sign will provide good visibility to motorists traveling south and north on 1- 215. 6. Is the subject site physically suitable for the type and density/intensity of use being proposed? Yes, the subject site is physically suitable for the type and intensity of use being proposed. The proposed sign will comply with Development Code as amended. The proposed sign will be at 50 feet and is setback 5 feet from the property line. The sign will promote greater visibility to and from the Center Auto Plaza. 7. Are there adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety? The Center Auto Plaza is fully developed, and all services and utilities are in place. The proposed sign will not impact the existing services or utilities or be detrimental to the public health and safety. All applicable Codes will apply to the construction of the sign. Development Code Amendment No. 03-04 Conditional Use Permit No. 03-03 December 15, 2003 Page 6 CONCLUSION The proposal meets all necessary Findings of Fact for approval of Development Code Amendment No. 03-04 and Conditional Use Permit No. 03-03. RECOMMENDATION Staff recommends that the Planning Commission recommend that the Mayor and Common Council: I. Approve Development Code Amendment No. 03-04 based upon the Findings of Fact contained in this Staff Report, and; 2. Approve Conditional Use Permit No. 03-03 based upon the Findings of Fact contained in this Staff Report and subject to the Conditions of Approval (Attachment E). Respectfully Submitted, VaJ1AW{;.~ James Funk Director of Development Services ~ Senior Planner Attachment A Attachment B Attachment C Attachment D Attachment E Location Map Site Plan Proposed Amendment to Chapter 19.22, Sign Regulations Sample Survey August 2003 Conditions of Approval ~ ~ r:t ~ -::-1:~.J .. \~ ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: DCA 03-04 & PLANNING DIVISION CUP 03-03 LOCATION MAP LAND USE DISTRICTS HEARING DATE: 12/16/03 ,. ..... '. .~ ,.<~:...... \ ". ........ ('>'~r&~1 .,. ,. ..v // C.EH'T&- ., siuJW ...:.l. W 6110U"'" ~ -. --'llIl DIN'~ o 0:: \70:: M~LT ~ .. ~I -' .. I ~ I ., T J I V~ ~ 0 ~ z 0 u I' -"l- Iv ,':' '- _r il I G4"-llll -- ... -.. n NORTH ---I: j' r I I I " . . .. ... ... c - I z 1/ u ! i r nSd ~> 00 V.J V.J I I 00 V.J I-"" " ~ o n . . '- l:> Z t.:l -.J "" <::> r~ Manufacture & In~taJl xale: J/ I 0" = 1'-0' One Internally Illumirw:ed Sign for Existing Pole Sign Frame- 4" Square Tube, Painted Intense Blue (230-47) 'WELCOME TO" Cabinet: Copy: IlIuminatlon: Ga/v. Sheet Metal. Painted V\lhire Red Vinyl (230-33) Exposed Dear Red Neon and Exposed Fluorescent Blue Neon Border r..abinet: Face: Vinyl CoPY' Galv. Sheet Metal, Painted light Grey Flex Material Intense BIUl!: (230-47) Reveal: GaIv. Sheet Metal, Painted Ught Grey. Illuminate 'Nim Fluorescent Blue Exposed,Neon Graphic Panl!ls: To be Digitally Printed ...'..()~ ~ V1NYUPAINT COLORS ,.--------~ Red (230-33) L...______! r-~--I I Intense Blue (230-47) I I, ,- ~-~ JL:JL_tL.j, ,;!' I . I "~~.',:'.:.' ~___..-'I CU~lo...r_'" "''''<>O,/['Q ; fi12E, oea,a"" CQlOJ.< 1 ';;,!:~;~~\':';~:)',;~';:,r~I;:~;" NOfE:...._....u.I_............._.....-.......... ~~ I I "'~\a Message Unit: Character Size: CabinerStyle: Matrix: ()..reraUSize' Lamps: IB" 4-Une ModelB2" I Une Mode Two (2) Single Face Signpaks "Une, 32xl!2 22 o,aracten per Line 7'-5. High x 25'-)' Long x 12" Deep 10,... 20,000 Hour Long~Ufe 25'.3- 16'-<1" -,-- 1'-7" WELCOME TO --'--- r ICENTERI L AUTO PLAZA r 7'-5" l sOa' FiUe~: GaIv. Sheet Metal, Painted Ught Grey NOTES: Remove and Refurbish Existing Pole Sign Repaint Existing Cabinet, Pole Cove~ and New Extension White and Ught Grey 26'-<1" ~ [HEVROLET 19'-0" I 1 I ~ maZDa i I~ I I i 63 1(1-6" :::J, L .-----' i I , , I I I I-'~UJ "T~.--~-...,.-J ATTACHMENT C CHAPTER 19.22 SIGN REGULA nONS Specifically, the proposed amendment will modifY the following: 1. Section 19.22.030, Definitions, will be modified to include definitions for auto dealerships and electronic message center sign as follows: Vehicle Dealerships: dealerships with two or more new vehicle dealers (with ancillary used cars and recreational vehicle sales) Electronic Message Center Sign: a sign having the capability of presenting variable message displays by projecting an electronically controlled pattern against a contrasting background and which can be programmed to change the message display periodically. II. Table 022.01, Sign Regulations By Land Use Category (C), will be modified to include a new sign class heading for auto dealerships and requirements for electronic message center sign. See Table A below: TABLE A - Si~n Rel:ulations Sign Sign Maximum Maximum Maximum Additional Number Sign Sign Requirements Class Type Area Height *set back 5 feet from property line *on-site 1 50 feet *adjacent to a freeway and (maybe up within Freeway Corridor 5. Vehicle Electronic Case by to 75 feet Overlay District Dealerships Sign Case with flag *street frontage of 500 feet test) *no closer than 500 feet to other electronic sign *flag test for visibility III. Section 19.22.060 (G), Prohibited Sign, will be modified as follows: G. Changeable espy SigHS aHa elsea-BRie message Bearss, eJleept as alle".7ea hy 8 Ceaoitieasl Use PeFffiit fer ffie-;ie theaters, MeaRS, staail:lffiS, aT atlte malls (ia tke CR 11RHe lIse eistriet). '" 0. :E ~ Ol "ffi Ol Cl o "S <0: ~ .E c: Ol Ui ~ Ol C Ol'" 08 OlN Ol~ ~~ '" 0 Ol- :28 .2 -0 c: ., o ,., ~ ., u ~ ~ '" wen ~t> c: Ol 'iii , w ~ - Ol Ol .r:: ~ a 0 0 0 - ., '" '" Qj c: C ~ :.= ... ,., ,., ,., ,., ,., ,., Ol ~., '" '" '" '" '" '" E 0 ~ ~ ~ ~ ~ ~ ~ ~ 0 "0 ., ., ., Ol Ol Ol It) 0.1t) ., ~ ., ., ~ Ol ':; c: o ~ ~ ~ ~ ~'C- - - - - e- '" 0.., '" '" '" '" '" '" Ol = a:: E ., .9 .9 .9 0 .9 .9 ~ 0 (.) - "ffi Ol )( - - c c - - ~ ., '" - c: c: c: c: c: 0 - 0 ., ., ., ., Ol ., 0 u .,- (.) (.) (.) (.) (.) (.) 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'E ~ Ol 0. . a. ::J o '" ~ 'C Ol :::: 'E ~ ., 0. . - u '" .9 'C: ~ ., o '" c: .lll c: o u. o 'C: '" C o '" ':;; e o :2 Ol 1:: '" '" Cl 4:=' e- '" o It) ~ . ~ Ol > "" '" ~ (;j c: 'E 'C '" 'C ,g! ,- ~ E ., CD "S: 0.., . ~ Ol c: 'C: '" Ol .r:: c: C5E .E '" , (.) 0<'= 0:0:::; '" 0 . c: '" c: ':;; o o - '" ., 5: ATTACHMENT E CONDITIONS OF APPROVAL Conditional Use Pennit No. 03-03 1. This approval is for construction of a 50-foot high, 571 square foot electronic message center sign for the Center Auto Plaza. 2. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standard Requirements. Expiration Date: 2 years from effective date of Development Code Amendment 3. The review authority may grant a one-time extension, for good cause, not to exceed 12 months. The applicant must file an application, the processing fees, and all required submittal items, 30 days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 4. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency ofthe City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. 5. Construction shall be in substantial conformance with the planes) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the planes) shall be subject to approval by the Director through a minor modification permit process. 6. The existing pylon sign shall be removed prior to installation of the new sign. 1 2 3 .. 5 6 7 8 9 10 11 12 13 14 15 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING CHAPTER 19.22 (SIGN REGULATIONS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO ELECTRONIC SIGN REQUIREMENTS FOR AUTO DEALERSHIPS. THE MAYOR AJ\TD COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 19.22. Sections 19.22.030, 19.22.060 and Table 022.01 of the Municipal Code (Development Code) is amended to modify the sign requirements for electronic signs within the Freeway Corridor District Overlay for auto dealerships as shown in Attachment I, attached hereto and incorporated herein by reference. SECTION 2. Severability. In the event that any provision of this Ordinance, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the 16 remaining provisions of this Ordinance, or any part thereof, or any application thereof to any 17 person or circumstance or of said provision as applied to any other person or circumstance. It is 18 19 hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision(s) not been included herein. 20 1/// 21 22 IIII 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING CHAPTER 19.22 (SIGN REGULATIONS) OF THE SAN BERNARDINO MUNICIPAL 2 CODE (DEVELOPMENT CODE) RELATED TO ELECTRONIC SIGN 3 REQUIREMENTS FOR AUTO DEALERSHIPS. 4 5 6 7 1 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2004, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT 16 17 18 19 2004. 20 21 City Clerk The foregoing ordinance is hereby approved this _day of JUDITH V ALLES, Mayor City of San Bernardino 22 Approved as to form 23 and legal content: 24 JAMES F. PENMAN 25 City Attorney "1) iC,-- 26 27 III III 28 2 \ TTACH\lE:\T I SIG:" REGel.\. TIO:\S - 19.22 Civic Event Sign. A temporary sign, other than a commercial sign, posted to adverllse a civic event sponsored by a public agency, school. church, civic.fraternal organizations, or similar non- commercial organization. Commercial Seasonal Sign. An "open" or "closed" window sign, posted on a seasonal basis. Construction Sign A temporary sign erected on the parcel on which construction is taking place, limited to the duration of the construction, indicatmg the names of the architects, engineers. landscape architects, contractors, or simdar artisans, and the owner, financial supporters. sponsors, and similar individuals or firms having a major role or interest with respect to the strucrure or project. Directional Sign. Signs limited to directional messages. principally for pedestrian or vehicular traffic, such as "one way", "enrrance", or "exit". Directory Sign. A sign for listing the tenants or occupants and their suite numbers of a building or cenrer. Double.faced Sign A single structure designed with the intent of providing copy on both sides. Electronic Message Center Sign, A sign having the capability of presenting variable message displays by projecting an electronically controlled pattern against a contrasting background and which can be programmed to the message display periodically, Eaveline The bottom of the roof eave or parapet. c ~~u"' Flashing Sign. A sign that contains an intermittent or sequential flashing light source. Freestanding Sign. A sign that is supported by 1 or more uprights, braces, poles, or other similar strucrural components that is not attached to a building or bUildings Freeway Sign. A sign adjacent to a freeway right-of-way which advertises a freeway adjacent business or a qualifying business in close proximity to a freeway pursuant to the provisions of 19.22080(4) of this chapter. Me 929 1119/95 III-I9 10/99 SIGN REGULATIONS -19.22 the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display is erected. Sign Area. The entire face of a sign, including the surface and any framing, projections, or molding, but not including the support structure. Individual channel-type letters mounted on a building shall be measured by the area enclosed by four straight lines outlining each word. Sign Program. A coordinated program of 1 or more signs for an individual building or building complexes with multiple tenants. Temporary Sign. A sign intended to be displayed for a limited period of time. Trademark. A word or name which, with a distinctive type or letter style, is associated with a business or business entity in the conduct of business. MC 834 6/19/92 Vehicle Dealerships. Dealerships with two or more new vehicle dealers (with ancillary used cars and recreational vehicle sales). Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or an activity or business located on such property. Wall Sign. A sign painted on or fastened to a wall and which does not project more than 12 inches from the building or structure. Window Sign. Any sign that is applied or attached to a window or located in such a manner that it can be seen from the exterior of the structure. 19.22.040 SIGN PERMIT REQUIRED 1. GENERAL No sign, including a copy change, or temporary sign, unless exempted by this Chapter, shall be constructed, displayed or altered without a sign permit or sign program approved by the City. The Director shall review all signs unless otherwise stated. 2. SIGN PROGRAM A sign permit for a sign program may be submitted for all new commercial, office, and industrial centers consisting of 3 or more tenant spaces. The program may be filed with the project application to construct the center, and can be processed concurrently with the project application. The purpose of the program shall be to integrate signs with building and landscaping design to form a unified architectural statement. MC 1057 10/8/99 19.22.50 EXEMPT SIGNS Table 022.00 identifies the signs that are exempt from the provisions of this Chapter. MC 1057 10/8/99 III -22 10/99 SIG:O-; REGCLATlO"S - 19.22 19.22.060 PROHIBITED SIGNS The following signs are inconsistent with the sign standards set forth in this Chapter. and are therefore prohibited: A. Abandoned signs as defined in Section 19.22.030. B. Animated, moving, flashing, blinking, reflecting, revolving, or any other similar sign, except electronic message boards C. Banners, flags, and pennants, except as permitted by Sections 19.22.070 and 19.22.090 MC 979 9/5/96 D. Bench signs E. Billboards or Outdoor Advertising signs, except as permilled by Section 19.22.080 of this Chapter. MC 929 1/19/95 F Chalkboards or blackboards G. ChaRgeal3le cell)' sigHS aHa eleetroRic ffiessage boards, e)[eellt as allewea by a CUP for ffio,..ie tlleaters, areHas, smdiliffis, er alile malls (iH tile CR 1 laRa lise district). IRstitutiElflal ...Ises, SUCH as cfllifcl-les aRe schools, may iRCOffJsrate ellaHgeal3le WilY iH wall er m8HlImeRt sigHS aHa are e)(empt frOffi tile CUP requireffieHt. MC 10162/27/98 H. Illegal signs as defined in Section 19.22.030. L Off-site or billboard signs, except as permitted by Section 19.22.080 J. Permanent sale or come-on signs K. Portable signs or A-frame signs L Signs deemed to be a public nuisance as defined in Section 19.22.030 and MC Section 8.30.010. M. Roof signs N. Signs on public property, except for traffic regulatory, informational signs, signs required by a governmental agency, and model home tour signs, and except as permitted by Section 19.22.080. MC 812 12/5/91 O. Signs painted on fences or roofs P. Balloons and other inflated devices or signs designed to attract allention, except as allowed per Section 19.22.070. Q. Signs that are affixed to vehicles, excluding permanent signs on commercial vehicles R. Signs which simulate in color or design a traffic sign or signal, or which make use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic. MC 1057 10/8/99 19.22.070 TEMPORARY SIGNS Special event signs and civic event signs may be approved by the Director for a limited period of time as a means of publicizing special events such as grand openings, carnivals, parades, charitable events, holiday sales, and special promotions. Such special event signs shall be limited to the following provisions: A. No temporary sign shall be erected without a temporary sign permit. B. Temporary signs shall be limited to 90 continuous days per event within a 180-day period from the start date of the event. 111-26 10/99 '" '" ~ 00 ~ o - t""- V) o - ~ -;= c ~ ~ ~ .. ~ -c .. -c :. ..: :;; 0:: .... o v on " C o '" c .8 ";j ro ~ .~~ E ~ s:: "'0 3: ~ "'0 ~ ~ ..Q -5 .~ ~ "0 "'; '- ..n OJ)"O:t .;!? '; E "Vi Q) (',) ~ 0 ~ ~ g ~~ ~ ~ ~o~.8.s] Vi bE "Vi 0.."'0 Vl E]:O:OC:~~E ::I :3 g ~ .g .2 .,;.~ ;::l S; :~ [~~ 8 g g ~ .~ 00 ~ ~ ~ 8 ~ 8 '~'o E ~ voo .sg -c_ ~u ~;:'; v '0-(';1 c ~ " c on .~ v ~. .0"" V v~ ] : ~ Vl ro I-~ 19 E '(; .~.~ ~ ~ "5"t ~ .~ ~ ~ ltl ~ 0 - ..::a:: _ ..2.... I;.; .s:"2 "~ Q) ~ u......"':.t:.Q g."E C: ~ V);..:::: ~ u € ~ Q. c ~ Q. 5 c ..: ~ v .0 "Ol., = C C . CIS '"0 o=..s ~.~ -=.::: ~~ ~= t u","", "E; ~ ~ ~.:= ~ CII :t: -= t:ltl ; = Q,l .~ .oS -= ~~~~: ~ ~ '-' ~..:: ~ -y=--= ''?:::.:a~t~ = '"0 ~ ... -= = o..:~o",z; ~ :c .~ c'. ..,> .. ~ ~ c ~.... .. - c ~ c ~ :: "'=". ~ 1': ~- -.;'-" o o u ~ - ~ ~:a . . . . . . . . . . ~ - c c ~ ~ E ~ .~ c ::: ....l :;; 0:: v '" ..... > S 0 ~~ .g Q.~ U =- ~ 5 ~ v ~ ~ .. :t '0' .0- ~ c v ,.,'" ~ is. .= " " ~ .2.' --;; 5<= '" o > ~.o c " - 0 ;>,v "" "" 0:: .~ '" " v ~ => E "" ;:';-5 N 00 '" 0:: ~ E-< -0 -( .... v " 0 " ~ U v = 5 " i:3a:: c -0 "" ~ 0 v C = ~ ~] on u v v ~ -" '" 5..: .= " u ~ ~ ;:J .;; .~ .~ c " " " 0 '-:.::: C ~ ~ q ~r.n 0 .D 0 V ~ ~ ,., ~ u '" Q. V V " " " Q. Q. .0 C Z ~ v cQt) ~ " " ~ f- ~ -c v ~ ~ -( '" ~ ~ " -;; u _ 1:: U ..l - Q..o ~ ..... '" N C 0 "'" 50 ~ ~ v i:Q ~ v on ~ ~ 0:: 0 ~ u " = v -;; '" 5 ~ <:;l C Q. u " " .~ g Z = ~ " 0 V .D 5.0 ~ E v <t: -0 ~ -0 ~ ~ 0 .. 5 ~ 1i :0 .~ ~ @ ~ E ~ = ~ J = " ~ ~ -;;; ~ E .... "z; on v v ~.= on 0 v <8 .- .D E-< :;: " -0 b Q. Q.- 0 -( <1)"'::<:: 'E V ~ V 0 E 0 U c a 0 c ~ c ~ 6.~ ..l o 0.';: 0 v 0 f- ~ Q. - 0:: ;:J U '" ~ c v "" C on ~ -5 "' v Vi '= c f- E v ;>, Ci 0] E; .s z .~ = '0 Q. v 0 ~E ~ -;; c "- c == = ~ c '" '" 0 " 0 " " 0 ~ .., '" ;:'; ~ ",5;, <;J ~ .... 0 U....lZ .~ c '" 0 iii c ~ u - .2 c .2 <:> on " Vi s N ~ ~ ~ N :LWZ v c ~ -;; v Q. v u 2 u := :0 <:> -UO E c 'u E u__ " v ~ ~ " v ~ ~ "" .~> f- v iii "' O-v ~ ~ 0::": '" '" '" .0;; Q. ..l [jjl.Llf- ~ v 0- i:Q "'''' ~ .ci >Q " -( 15 E-< .,f .,; Z ..'~," ~~ ~' ',* * FOR OFFICE USE ONLY - NOTA PUBLIC, DOCUMENT*~u A .~;(~{ff-7' '. .,,\;:;~X.;;\, r;:Z::-~~gf;.. .-__-'>,~~>/".~-':~: ~,:-;.~.~~:~4~g~-.t~..::.::.\<:::/,~., ::' ' CITY OF SAN BERNARDINO : CiTY CLERK'S OFFICE -,~I.:. ,,-:',; , Co..- RECORDS & INFORJ'MTION MA"NAGEMENT PROGRNA AGENDA ITEM TRACKING FORM Meeting Date/Date Adopted: 3/1S: /0 ~ Item No, 1..$ Resolution/Ordinance No, ft1C - ~ I 0 n Ordinance Urgency: Yes Effective Date: L/ II S /0 (I Temnination/Sunset Date: I I - Ayes: '] '/ S 0 7 / /....J. '{ / Abstain: ::t! 11.0 Ic;% Date Sent to Mayor: Date of Mayor's Signature: Nays: Absent: -t9-- #'2- Vote: Date Returned from Mayor: Date of Clerk's Signature: Date Summary Returned from Attorney: Date Published: Meeting Type: Continued From Date Seal Impressed: Date Sent for Signature: Expiration Date: Copies Distributed To: To Whom: Exhibits Complete & Attached to Resolution/Ordinance: Reminder Letter Sent: Reminder Letter Sent: -~- . ./ Reminder Letter Sent: Request for Council Action & Staff Report Attache~: I. {Yes Notes: J~.J;~ ~- - _'7? )LL )/tJ/~i No Ready to File: Date: DOCUMENT tOCA noN: FOr.MSIAIfnda IIilm Traddnt; Fomt.CC Form No. 111. Ust u~ 1210411996