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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Development Code Amendment No.
04-02/Conditional Use Permit No. 04-06 -
Off-site electronic message center sign for
Arrowhead Credit Union Park.
Dept: Development Services
Date: May 31, 2005
MCC Date: June 20, 2005
Synopsis of Previous Council Action:
May 22,2003. The Legislative Review Committee directed staff to present to the Mayor and
Common Council for authorization to prepare an amendment to the Development Code.
July 7,2003. The Mayor and Common Council directed staff to initiate an amendment to the
Development Code pertaining to off-site electronic message center signs.
Recommended Motion:
That the hearing be closed, the ordinance be laid over for final adoption, and Conditional Use
Permit No. 04-06 be approved, based on the Findings of Fact and subject to the Conditions of
Approval, as modified.
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James F
Contact person:
V~lprip Tln~~
Phone: 384-5057
Supporting data attached: StaffR~ort
Ward: Citywide
FUNDING REQUIREMENTS: Amount: -$1950
Source: 190-5122
Finance:
Council Notes:
Agenda Item No.
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DCA No. 04-02/CUP No. 04-06
MCC Mtg. Date: June 20, 2005
Page 2
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Development Code Amendment No. 04-02 and Conditional Use Permit No. 04-06
Off-Site Electronic Message Center Sign for Arrowhead Credit Union Park
Mayor and Common Council Meeting of June 20, 2005
Applicant:
Larry Quiel
Quiel Bros. Electric Sign Co. .
272 S. uf' Street
San Bernardino, CA 92410
909.885.4476
BACKGROUND
The Mayor and Common Council directed staff to initiate an amendment to the
Development Code related to off-site electronic message center signs, and a related
Conditional Use Permit to allow these signs at locations identified by the project
proponents. Initially, Quiel Bros. Electric Sign Co., on behalf of the Arrowhead Credit
Union and the Inland Empire 66ers was proposing off-site electronic message center signs
at the following locations:
. Adjacent to the 1-215, northerly of Valley Street, on property owned by Arrowhead
Credit Union, in the CCS-I, Central City South land use district.
. Adjacent to the 1-215 at the Blast Soccer Complex, southeasterly of Little League Drive,
on property owned by the City of San Bernardino, in the PP, Public Park land use district.
. Adjacent to the 30 Freeway at the San Bernardino Soccer Complex, southwesterly of the
freeway and Valaria Drive, on property owned by the City of San Bernardino, in the PP,
Public Park land use district.
At this time, the project proponents only wish to proceed with the sign to be located
adjacent to 1-215, directly west of Arrowhead Credit Union Park (Exhibits I and 2).
On April 20, 2004, the Planning Commission considered the proposed Development Code
Amendment and Conditional Use Permit for all three locations. After considerable
discussion, the Planning Commission recommended that the Mayor and Common Council
deny Development Code Amendment No. 04-02 and Conditional Use Permit No. 04-06.
Commissioners Coute, Durr, Morris, and Sauerbrun voted in favor of the recommendation
for denial and Commissioners Enciso and Thrasher voted in favor of the proposal.
Commissioners Brown and Heasley abstained. The Planning Commission was concerned
with the placement of these signs at City parks, and the potential for advertising alcohol and
adult-oriented businesses. Exhibit 3 is the Planning Commission staff report.
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DCA No. 04-02/CUP No. 04-06
MCC Mtg. Date: June 20, 2005
Page 3
The proposed sign includes the following:
Height 60 feet
Top sign (Arrowhead Credit Union Park)
Bottom portion of same sign
(San Bernardino Soccer Complex)
Middle portion (electronic message center)
Bottom portion (Tri- Vision)
Total Square Footage
352 square feet
90 square feet
384 square feet
272 sauare feet
1098 square feet
Tri-vision signage has louvers that move to present the sign, with predetermined copy. The
electronic message center signage is changeable by computer at a remote location.
Findings and Analvsis - DeveloDment Code Amendment
1. Is the proposed amendment consistent with the General Plan?
The Land Use Element of the General Plan contairis goals, objectives, and policies that
address regionally significant land uses, as follows:
Goal I C, "Provide for the continuation and development of land uses which provide for
the needs of and attract regional populations, in addition to local residents."
GoaIIG(n), "It shall be the goal of the City of San Bernardino to establish San
Bernardino as a unique and distinctive place in the Inland Empire and Southern
California region."
The Economic Development Element of the General Plan noted that in previous years the
City of San Bernardino was the principal center of commerce, employment, service, and
culture of the southeastern California area. However, it also noted that the there were
numerous areas with which the City now had to compete. Through the General Plan
Update Program (currently underway), a revised economic analysis reached the same
conclusions. The current General Plan identified numerous opportunities, and the goals,
objectives, and policies in the current General Plan were developed to help the City of
San Bernardino recapture its role as a predominant regional center.
The Economic Development Element identified Issue One: Economic Development
Overview with the following goal (GoaI4A): "It shall be the goal of the City of San
Bernardino to be the principal regional center in the Inland Empire for industrial,
commercial, visitor-and convention-serving, governmental, educational, cultural and
other related development activity and to have economically viable local-serving
commercial activity and neighborhoods."
Objective 4.2 states: "It shall be the objective of the City of San Bernardino to generate
growth that enhances the quality of life."
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DCA No. 04-02/CUP No, 04-06
MCC Mtg. Date: June 20, 2005
Page 4
Objective 4.3 states: "It shall be-the objective of the City of San Bernardino to generate
cumulative growth that provides net fiscal gains to the City."
Issue Five: Quality of Life/Regional Attractions includes the following goal (GoaI4E):
"It shall be the goal of the City of San Bernardino to be the regional center for recreation,
cultural, entertainment and educational opportunities."
Objective 4.19 states: "Enhance, maintain, and develop recreational, cultural,
entertainment, and educational facilities."
The policies accompanying both goals noted above support those goals and objectives.
Amending the Development Code to allow off-site electronic message center signs at
specified locations helps to implement the goals, objectives, and policies in the Land Use
and Economic Development Elements of the General Plan. As noted in Attachment C,
the signs would be used to provide public service announcements related to educational,
cultural, and sporting activities, as well as general advertisements.
The Route 66 Rendezvous is an excellent example of a special event that is very
beneficial to the City; it brings a lot of tourists, it generates tax revenues, and it enhances
people's perception of the City of San Bernardino, to name a few. It is anticipated that
this sign will catch the attention of passing motorists and alert or advise them of special
events in the City of San Bernardino. Pulling motorists off the freeway to these events
will likely have similar results. Arrowhead Credit Union Park is another good example.
In addition to being the home field for the Inland Empire 66ers, the stadium hosts many
special events such as anniversary parties for major organizations and "Welcome Home"
parties for returning service men and women. These events also bring people to the City.
2. Would the proposed amendment be detrimental to the public interest, health, safety,
convenience, or welfare of the City?
The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that the proposed location for the sign is limited,
with only one site specified at this time. The sign would be subject to conditions of
approval imposed through the Conditional Use Permit process and all Caltrans
requirements.
Findings and Analvsis - Conditional Use Permit
1. 1s 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?
With approval of the Development Code Amendment and compliance will all proposed
Conditions of Approval, the proposed signage would not impair the integrity and
character of the subject land use districts. The proposed signage would comply with all of
the applicable provisions of the Development Code.
2. Is the proposed use consistent with the General Plan?
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DCA No. 04-02/CUP No. 04-06
MCC Mtg. Date: June 20, 2005
Page 5
Yes, as noted in Development Code Amendment Finding No.1, the proposed signage
implements various General Plan goals, objectives, and policies.
3. Is the approval of the Conditional Use Permit for 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?
The area for the proposed sign does not contain any environmentally-sensitive areas or
natural resources that would be impacted by the placement of a sign.
5. Are the location, size, design, and operating characteristics of the proposed use
compatible with the existing and future 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?
The proposed sign, constructed in compliance with the Conditions of Approval, Caltrans
requirements, and Uniform Building Code requirements will not be objectionable or
detrimental to the public interest, health, safety, convenience, or welfare of the City.
6. Is the subject site physically suitable for the type and density/intensity of use
being proposed?
The site owned by Arrowhead Credit Union Park consists of two parcels, totaling a little
more than 6,600 square feet. Caltrans will acquire portions of both parcels in conjunction
with the widening ofI-215. Arrowhead Credit Union will be required to merge the two
lots, prior to installation of the sign. The remaining site will be large enough to
accommodate the sign, plus security fencing and landscaping.
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 sign is proposed in an area with all services and utilities 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~
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DCA No. 04-02/CUP No. 04-06
MCC Mtg. Date: June 20, 2005
Page 6
FINANCIAL IMPACT
The Mayor and Common Council previously considered the estimated cost of$1950, with
direct costs related to postage and display ads and indirect costs (staff time) being
undetermined. The Mayor and Common Council directed staff to proceed.
RECOMMENDATION
Staff recommends that the hearing be closed, the ordinance be laid over for final adoption, and
Conditional Use Pennit No. 04-06 be approved, based on the Findings of Fact and subject to the
Conditions of Approval, as modified.
Exhibits: 1
2
3
4
5
Location Map
Proposed Off-Site Electronic Message Center Sign
Planning Commission Staff Report
Proposed Development Code Amendment Language
Modified Conditions of Approval
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EXHIBIT 1
CITY OF SAN BERNARDINO PROJECT: CUP 04-06
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 6/20/05
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EXHIBIT 3
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
AGENDA ITEM:
HEARING DATE:
WARD:
Development Code Amendment No. 04-02 and Conditional Use Pennit No.
04-06
6
April 20, 2004
3, 5, and 7
CASE:
APPLICANT
Quiel Bros. Electric Sign Co.
272 S. "I" Street.
San Bernardino. CA 92410
909.885.4476
OWNER:
. City of San Bernardino
300 N. "0" Street
San Bernardino, CA 92418
REQUESTILOCATION:
The applicant requests approval of an amendment to the Development Code to allow off-site
electronic message center signs at three locations in the City. The applicant also requests approval of
a Conditional Use Permit to install three electronic message center signs.
CONSTRAlNTS/OVERLA YS:
N/A
ENVIRONMENTAL FINDINGS:
o Not Applicable
Ia Exempt, Section 15311 - Accessory Structures
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation MonitoringlReporting Plan
STAFF RECOMMENDATION:
Ia Approval
Ia Conditions
o Denial
o Continuance to:
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DCA No. 04-02/CUP Nu 04-0(j
Meeting Date: April 20. 2004
Page:!
REOUEST AND LOCATION
Quiel Bros. Electric Sign Co., on behalf of the Arrowhead Credit Union and Inland Empire 66ers, is
requesting approval of a Development Code Amendment and Conditional Use Permit to allow the
installation of three off-site, electronic message center signs.
The signs would be located as depicted in Attachment A and as follows:
. Adjacent to the 1-215. northerly of Valley Street, on property owned by Arrowhead Credit Union.
in the CCS-l, Central City South land use district.
. Adjacent to the 1-215 at the Blast Soccer Complex, southeasterly of Little League Drive, on
property owned by the City of San Bernardino, in the PP, Public Park land use district.
. Adjacent to the 30 Freeway at the San Bernardino Soc~er Complex, southwesterly of the freeway
and Valaria Drive. on property owned by the City of San Bernardino, in the PP, Public Park land
use di stri ct.
The proposed signage is included in Attachment B.
BACKGROUND
The City's Legislative Review Committee reviewed the conceptual proposal on May 22, 2003, and
recommended to the Mayor and Common Council that an amendment to the Development Code be
prepared to address off-site electronic message c~ter signs. (See Attachment C.) At their meeting of
July 7, 2003, the Mayor and Common Council directed staff to prepare the amendment. Quiel Bros.
Electric Sign Co. submitted the Conditional Use Permit application. The proposed text changes to the
Development Code are included in Attachment D.
FINDINGS AND ANALYSIS - DEVELOPMENT CODE AMENDMENT
1. Is the proposed amendment consistent with the General Plan?
The Land Use Element of the General Plan contains goals, objectives, and policies that address
regionally significant land uses, as follows:
Goall C, "Provide for the continuation and development of land uses which provide for the needs
of and attract regional populations, in addition to local residents."
GoallG(n), "It shall be the goal of the City of San Bernardino to establish San Bernardino as a
unique and distinctive place in the Inland Empire and Southern California region."
The Economic Development Element of the General Plan noted that in previous years the City of
San Bernardino was the principal center of commerce, employment, service, and culture of the
southeastern California area. However, it also noted that the there were numerous areas with
which the City now had to compete. Through the General Plan Update Program (currently
underway), a revised economic analysis reached the same conclusions. The current General Plan
identified numerous opportunities, and the goals, objectives, and policies in the current General
Dl$lIJ~~~~~" ,n'~",',m"n~' ."'H~n"
DCA No. 04-02/CUP No 04-11(1
Meeting Date: April 20, 2004
Page 3
Plan were developed to help the City of San Bernardino recapture its role as a predominant
regional center.
The Economic Development Element identified Issue One: Economic Development Overview
with the following goal (GoaI4A): "It shall be the goal of the City of San Bernardino to be the
principal regional center in the Inland Empire for industrial, commercial, visitor-and convention-
serving, governmental, educational, cultural and other related development activity and to have
economically viable local-serving commercial activity and neighborhoods."
Objective 4.2 states: "It shall be the objective of the City of San Bernardino to generate growth
that enhances the quality of life."
Objective 4.3 states: "It shall be the objective of the City of San Bernardino to generate
cumulative growth that provides net fiscal gains to the City."
Issue Five: Quality of Life /Regional Attractions includes the following goal (GoaI4E): "It shall
be the goal of the City of San Bernardino to be the regional center for recreation, cultural,
entertainment and educational opportunities."
Objective 4.19 states: "Enhance, maintain! and develop recreational, cultural, entertainment, and
educational facilities."
The policies accompanying both goals noted above support those goals and objectives.
Amending the Development Code to allow off-site electronic message center signs at specified
locations helps to implement the goals, objectives, and policies in the Land Use and Economic
Development Elements of the General Plan. As noted in Attachment C, the signs would be used
to provide public service announcements related to educational, cultural, and sporting activities,
as well as general advertisements.
The Route 66 Rendezvous is an excellent example of a special event that is very beneficial to the
City; it brings a lot of tourists, it generates tax revenues, and it enhances people's perception of
the City of San Bernardino, to name a few. It is anticipated that these signs will catch the
attention of passing motorists and alert or advise them of special events in the City of San
Bernardino. Pulling motorists off the freeway to these events will likely have similar results.
2. Would the proposed amendment be detrimental to the public interest, health. safety, convenience,
or welfare of the City?
The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that the potential locations for the signage is limited, with
only three sites specified. The signage would be subject to conditions of approval imposed
through the Conditional Use Permit process and all Caltrans requirements.
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DCA No. 04-01/CUP No. 04-06
Meeting Date: April 10. 1004
Page 4
FINDINGS AND ANALYSIS - CONDITIONAL USE PERMIT
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?
With approval of the Development Code Amendment and compliance will all proposed
Conditions of Approval, the proposed signage would not impair the integrity and character of
the subject land use districts. The proposed signage would comply with all of the applicable
provisions of the Development Code.
2. Is the proposed use consistent with the General Plan?
Yes, as noted in Development Code Amendment Finding No.1, the proposed signage I
implements various General Plan goals, objectives, and policies.
3. . Is the approval of the Conditional Use Permit for 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 proper(v mitigated and monitored?
None of the signs are proposed for areas that have environmental sensitivities or that contain
natural resources.
5. Are the location. size. design, and operating characteristics of the proposed use
compatible with the existing and future 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?
The proposed signs, constructed in compliance with the Conditions of Approval, Caltrans
requirements, and Uniform Building Code requirements will not be objectionable or
detrimental to the public interest, health, safety, convenience, or welfare of the City.
6. Is the subject site physically suitable for the type and density/intensity of use being
proposed?
The two soccer field sites are physically suitable for the proposed signage. The sites have
adequate square footage/acreage to accommodate the footprint of the sign and the applicable
lease area, without impacting the uses already on-site.
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DCA No. 04-02/CUP No. 04-06
Meeting Date: April 20. 2004
Page 5
The site owned by Arrowhead Credit Union Park consists of two parcels, totaling a little
more than 6,600 square feet. Caltrans will acquire portions of both parcels in conjunction
with the widening ofI-2IS. Arrowhead Credit Union will be required to merge the two lots.
prior to installation of the sign.
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 signs are proposed for areas with all services and utilities in place. The proposed signs
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.
COMMENTS RECEIVED
No comments were received.
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Development Code
Amendment and Conditional Use Permit.
RECOMMENDATION
Staff recommends the Planning Commission recommend that the Mayor and Common Council:
. Approve Development Code Amendment No. 04-02 based on the Findings of Fact in this staff
report. and
. Approve Conditional Use Permit No. 04-06 based on the Findings of Fact contained in this Staff
Report, subject to the Conditions of Approval (Attachment E).
Respectfully Submitted,
James Funk
Director of Development Services
Valerie C. Ross
Deputy Director/City Planner
Attachment A
Location Maps
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Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
DCA No. 04-02/CUP No. 04-06
Meeting Date: April 20. 2004
Page 6
Location Maps
Proposed Signage
Memo to Legis]ative Review Committee (d~ted May ]9,2004)
Proposed Changes to Chapter] 9.22
Conditions of Approva]
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ATTACHMENT .'C"
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CITY OF SAN BERNARDINO
De\'elopment Services Department - Planning Dh;ision
Interoffice Memorandum
FROM:
Leeislative Review Committee
va:erie C. ROS~ Planner
TO:
THROUGH: James Funk, Director
SUBJECT: Electronic Message Signs
DATE: May 19,2003
COPIES: Fred Wilson, City Administrator; Henry Empeno, Deputy City Attorney
Larry Sharp, Arrowhead Credit Union, and Dave Oldham, Inland Empire 66ers, met with
the City Administrator and Development Services staff to discuss installing electronic
message center signs at three locations abutting freeways within the City. The Arrowhead
Credit Union Park sign would be placed on privately owned property located adjacent to
the 1-215 Freeway, west of the stadium. The.proposed Soccer Complex sign would be
placed on City-owned property adjacent to the south side of the 30 Freeway in Arden-
Guthrie. Another proposed Soccer Complex sign would be placed on City-owned
property at the Blast Soccer Complex adjacent to the 1-215 Freeway at Little League
Drive.
The three proposed electronic message signs would contain several areas for advertising.
"Fixed" signage is found in four areas of each proposed sign, including the top part of
each sign. The central part of each sign is for the electronic messaging, including
pictures. This area would be used to provide public service announcements such as events
at the sites where the signage is listed, or events occurring in the general vicinity. For
example, the sign at the Blast Soccer Complex could advertise a basketball game at Cal
State or the sign near the stadium could advertise special events at that location. The four
box areas revolve or flip and contain additional advertising.
The sign areas are roughly as follows:
Blue band
SB Soccer Complex
Revolving square
Message part
Derek Parra
Youth Sports Capital
TOTAL
360+ square feet
60+ square feet
65+ square feet
150+ square feet
45+ square feet
90+ square feet
770+ square feet
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Electronic "-1essage Signs
LRC
Page 2 of3
The Development Code does not pernlit any of the proposed signs. and Staff would like
input from the Legislative Review Committee before advising Mr. Sharp and Mr.
Oldham to submit applications.
.
Development Code issues include the following:
. Electronic message signs are pennitted for mo\'ie theaters. arenas. stadiums. and auto
malls subject to a Conditional Use Pennit. These signs are only pennitted on-site.
Since these uses are only pennitted in commercial land use districts. the size is
generally governed by the City's Development Code standards for commercial signs.
. Freeway businesses can have 200 square feet per face. 50 feet above freeway grade.
Non-freeway businesses are limited to 75 square feet per face. 25 feet tall.
-
. The proposed signage appears to meet the definition of a billboard. Billboards are
synonymous with outdoor advertising signs and generally defined as signs advertising
products. merchandise. or services which are not located on the site at which the sign
is placed. Billboards are pennitted in the CG-l and CG-2, Commercial General. CH,
Commercial Heavy. IL. Industrial Light. IH, Industrial Heavy, and IE. Industrial
Extractive land use districts, subject to a Conditional Use Pennit.
. Billboards cannot exceed 672 square feet per face, with a maximum of two faces
(front and back or chevron). Billboards cannot be located within 1,000 feet of
freeway to freeway interchanges or freeway interchanges and on- and off-ramps. or
within the interchange itself.
. Billboards have spacing requirements 0000 linear feet (up. to 100 square feet of sign
face). 400 linear feet (up to 300 square feet of sign face). and 600 linear feet (up to
672 square feet of sign face).
Other discussion areas include:
. Staff has received several requests for electronic message signs for uses including
nightclubs, used car lots, RV sales lots, retail shopping centers, and service stations.
Staff believes that most of these other uses may not be appropriate. The LRC may
wish to establish minimum criteria such as regional significance, minimum square
footage of the floor area of a "big box" store. or minimum square footage in a
shopping center, and/or minimum sales tax generation.
. Locational criteria or spacing requirements would need to be established. Signs in the
vicinity of residential neighborhoods could create problems with glare. Too many
signs in close proximity could render one or more ineffective. Signs that are too close
to the freeway may be problematic to Caltrans.
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Electronic Message Signs
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Page 3 on
. Sign content would need to be defined. For example, does the Legislative Review
Committee wish to see advertising for alcohol? Adult businesses? Businesses located
outside of the City? Products vs. businesses?
.
. Size parameters would need to be established in terms of the areas available for
advertising, as well as total square footage and height.
. Does the Legislative Review Committee wish to require partnerships between the
City and the applicant? Partnerships would provide opportunities for revenue sharing,
public service and/or City-related advertising, and control over message content.
Staffrequ~$ts that the Legislative Review Committee determine if they wish to consider
an amendment to allow off-site electronic message signs and expanded opportunities for
on-site electronic message signs. If so, staff would like input as to the extent of an
amendment. In addition, staff believes there may be issues with the State's Outdoor
Advertising Act (Chapter 2 of the Business and Professions Code).
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DCA No, 04-02/CUP No, U4-06
Meeting Date: April 20, 20U4
Page 10
.
ATTACHMENT D
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Proposed ChaDges to Chapter 19.22
Section 19.22.080. Off-Site Signs. add the following:
7. OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS
A. Off-site electronic message center signs are permitted in the following locations.
subject to a Conditional Use Permit:
. Central City South
. Blast' Soccer Field
. San Bernardino Soccer Field
B. The size and advertising areas will be determined through the Conditional Use Permit
process.
C. The height shall be limited to 50' above the grade of the freeway unless a flag test
determines that greater height is needed for visibility.
D. The sign face may extend up to 5 feet from the edge of the property.
E. Off-site electronic message center signs may be placed no closer than 500 feet from
another electronic message center sign (on-site or off-site).
F. Off-site electronic message center signs must be fitted with automatic dimming
devices, capable oflowering the intensity oflight during evening hours, rainy, foggy,
or cloudy days, or similar situations.
G. Off-site electronic message center signs are subject to a license agreement with the
City of San Bernardino. The license agreement will include, but is not limited to,
signage content and "air time" for public service announcements.
H. Off-site electronic message center signs must be located in the Freeway Corridor
Overlay District, subject to the provisions in the Outdoor Advertising Act (Chapter 2
in the State of California Business and Professions Code). These provisions include,
but are not limited to, placement, location, content, and maintenance.
1. Off-site electronic message center signs may not be installed until written approval
has been obtained from the State Department of Transportation (Caltrans).
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DCA No. 04-02/CUP No 04-1)(,
Meeting Date: April 20. 201)4
Page II
.
A TT ACUMENT E
..
CONDITIONS OF APPROVAL
Conditional Use Pennit No. 04-06
1. This approval authorizes the construction of three off-site electronic message center signs at
the following locations:
. Adjacent to the 1-215, northerly of Valley Street, on property owned by Arrowhead Credit
Union.
. Adjacent to the 1-215 at the Blast Soccer Complex, southeasterly of Little League Drive,
on property owned by the City of San Bernardino.
. Alljacent to the 30 Freeway at the San Bernardino Soccer Complex, southwesterly of the
freeway and Valaria Drive, on property owned by the City of San Bernardino.
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.
Expiration Date: Two years from Mayor and Common Council action
3. The review authority may, upon application and for good cause, grant one additional
extension of time not to exceed 12 months, pursuant to the Development Code. 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 that 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 the
matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City
of San Bernardino (City), the Economic Development Agency (EDA), any departments,
agencies, divisions, boards or commissions 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 and the
Economic Development Agency any costs and attorney's fees which the City or the
Economic Development Agency 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 section.
The costs, salaries, and expenses of the City Attorney and employees of his office shall be
considered as "attorney's fees for the purpose of this condition.
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DCA No 04-02/CUP No 114-06
Meeting Date: April 20, 2004
Page J:
...
.
As part of the consideration for issuing this pennit or approval, this condition shall remain in
effect if this Pennit is rescinded or revoked, whether or not at the request of the applicant.
5. Construction shall be in substantial confonnance 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 pennit process.
6. All provisions of Section 19.22.080, Off-Site Signs, are applicable.
7. The applicant shall be responsible for maintaining the area (as defined in the license agreement)
around the signage footprint.
8. The appli~ant shall merge parcels 0136-084-04 and 0136-084-05 prior to installation of the sign.
9. All areas of the sign shall be equally illuminated so that one area of the sign does not "overshadow"
the other areas, notwithstanding the requirement for automatic dimming devices.
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EXHIBIT 4
.
Proposed Changes to Chapter 19.22
Section 19.22.080, Off-Site Signs, add the following:
7. OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS
A. Off-site electronic message center signs are permitted in the following location,
subject to a Conditional Use Permit:
. Central City South
B. The size and advertising areas will be determined through the Conditional Use
Permit process.
C. The height shall be limited to 50' above the grade of the freeway unless a flag test
determines that greater height is needed for visibility.
D. The sign face may extend up to 5 feet from the edge of the property.
E. Off-site electronic message center signs may be placed no closer than 500 feet
from another electronic message center sign (on-site or off-site).
F. Off-site electronic message center signs must be fitted with automatic dimming
devices, capable oflowering the intensity oflight during evening hours, rainy,
foggy, or cloudy days, or similar situations.
G. Off-site electronic message center signs are subject to a license agreement with
the City of San Bernardino. The license agreement will include, but is not limited
to, signage content and "air time" for public service announcements, and may
include a revenue-sharing provision.
H. Off-site electronic message center signs must be located in the Freeway Corridor
Overlay District, subject to the provisions in the Outdoor Advertising Act
(Chapter 2 in the State of California Business and Professions Code). These
provisions include, but are not limited to, placement, location, content, and
maintenance.
I. Off-site electronic message center signs may not be installed until written
approval has been obtained from the State Department of Transportation
(Caltrans).
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EXHmIT 5
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MODIFIED CONDITIONS OF APPROVAL
Conditional Use Pennit No. 04-06
1. This approval authorizes the construction of one off-site electronic message center sign to
be located adjacent to the 1-215, northerly of Valley Street, on property owned by
Arrowhead Credit Union.
2. Within two years of development approval, commencement of construction shall have
occurred or the pennitlapproval shall become null and void. In addition, if after
commencement of construction, work is discontinued for a period of one year, then the
pennitlapproval shall become null and void.
Expiration Date: Two years from Mayor and Common Council Action
3. The review authority may, upon application and for good cause, grant one additional
extension of time not to exceed 12 months, pursuant to the Development Code. 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 that 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
the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless
the City of San Bernardino (City), the Economic Development Agency (BOA), any
departments, agencies, divisions, boards or commissions 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 and the Economic Development Agency any costs
and attorney's fees which the City or the Economic Development Agency 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 section.
The costs, salaries, and expenses of the City Attorney and employees of his office shall
be considered as "attorney's fees for the purpose of this condition.
As part of the consideration for issuing this pennit or approval, this condition shall
remain in effect if this Pennit is rescinded or revoked, whether or not at the request of the
applicant.
5. Construction shall be in substantial cl;>nfonnance with the plan(s) approved by the Director,
Development Review Committee, Planning Commission or Mayor and Common Council.
Minor modification to the plan(s) shall be subject to approval by the Director through a
minor modification permit process.
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6. All provisions of Section 19.22.080, Off-Site Signs, are applicable.
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7. Permits for the off-site electronic message center sign may not be issued, and the sign may
not be installed until written approval has been obtained from Caltrans.
8. The applicant shall merge parcels 0136-084-04 and 0136-084-05 prior to installation of the
Sign.
9. The applicant shall install wrought iron fencing around the perimeter of the site.
10. The applicant shall install irrigation and landscaping (grass and shrubs) on the entire site,
and will be responsible for regular, ongoing maintenance.
11. All areas of the sign shall be equally illuminated so that one area of the sign does not
"overshadow" the other areas, and shall be fitted with automatic dimming devices, capable
oflowering the intensity of light during evening hours, rainy, foggy, or cloudy days, or
similar situations.
12. The applicant/sign owner shall provide the City with airtime for public service
announcements. The frequency, timing, and related topics shall be determined by the
Mayor, or her designee, Arrowhead Credit Union, and the Inland Empire 66ers. The
specific terms shall be included in the license agreement, with approval by the Mayor and
Common Council.
13. If the sign is not maintained and is determined to be a public nuisance or abandoned as
outlined in the Municipal Code, the owner of the sign shall remove the sign within 30 days
or notification by the City.
14. The owner of the sign shall obtain sign permits for all copy changes to the fixed signage
areas of the sign. Changes to the sign structure, and/or signage sizes or areas will require an
amendment to the Conditional Use Permit, subject to Planning Commission review.
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ORDINANCE NO.
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AN ORDI~ANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER ]9.22 (SIGN REGULATIONS) TO ADD SECTION ]9.22.080(7)
RELA TED TO OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 19.22 is amended to add Section 19.22.080(7) to allow off-site
electronic message center signs 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
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
person or circumstance or of said provision as applied to any other person or circumstance. It is
hereby declared to be the legislative intent of the City that this Ordinance would have been
adopted had such unconstitutional, invalid, or ineffective provisions not been included herein.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.22 (SIGN REGULATIONS) TO ADD SECTION 19.22.080(7)
RELATED TO OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS.
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
meeting thereof, held
6 on the
day of
, 2005, by the following vote to wit:
7 Council Members:
ABSTAIN
ABSENT
NAYS
AYES
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ESTRADA
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LONGVILLE
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MC GII'<'NIS
DERRY
KELLEY
JOHNSON
Me CANIMACK
City Clerk
,2005.
The foregoing ordinance is hereby approved this _day of
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JUDITH V ALLES, Mayor
City of San Bernardino
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Approved as to forn1
and legal content:
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JAMES F. PENMAN
City Attorney
By: ik; h.' ~I
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Attachment 1
Proposed Changes to Chapter 19.22
Sectian 19.22.080, Off-Site Signs, add the fallawing:
7. OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS
A. Off-site electronic message center signs are permitted in the fallawing lacatian,
subject to. a Canditianal Use Pern1it:
. Central City Sauth
B. The size and advertising areas will be determined through the Canditianal Use
Pern1it pracess.
C. The height shall be limited to. 50' abave the grade af the freeway unless a flag test
detennines that greater height is needed far visibility.
D. The sign face may extend up to. 5 feet from the edge afthe property.
E. Off-site electronic message center signs may be placed no. claser than 500 feet
from anather electranic message center sign (an-site ar aff-site).
F.
Off-site electranic message center signs must be fitted with autamatic dimming
devices, capable af lawering the intensity afIight during evening haurs, rainy,
faggy, ar claudy days, ar similar situatians.
G. Off-site electranic message center signs are subject to. a license agreement with
the City af San Bernardino.. The license agreement will include, but is nat limited
to., signage cantent and "air time" far public service annauncements, and may
include a revenue-sharing provisian.
H. Off-site electranic message center signs must be lacated in the Freeway Carridar
Overlay District, subject to. the pravisians in the Outdaar Advertising Act
(Chapter 2 in the State afCalifamia Business and Professians Cade). These
pra\'isians include, but are nat limited to., placement. lacatian. cantent. and
maintenance.
I. Off-site electronic message center signs may nat be installed until \vrinen
approval has been abtained fram the State Department afTranspartatian
(Caltrans).