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HomeMy WebLinkAbout42-Planning and Building - CI-TY OF SAN BERNADINO - REQUEST ~ COUNCIL ACTION From: Larry E. Reed, Assistant Director Planning and Building Services Subject: Ordinance to amend Municipal (Develop- ment) Code Sections 19.22.060 and 19.22.080 to permit the addition of off-site signs on structures within the public right-of-way if there is an approved licensing agreement with the City. Mayor and Common Council Meeting of October 21, 1991 2:00 p.m. Dept: Date: September 23, 1991 Synopsis of Previous Council action: On September 17, 1991, the Planning Commission reviewed proposed Development Code Amendment No. 91-04 and recommended unanimous approval onto the Mayor and Common Council . Recommended motion: That the hearing be closed; that the first reading of the ordinance amending San Bernardino Municipal (Development) Code Sections 19.22.060 and 19.22.080 be waived, and that said ordinance be laid over for final passage; and that the Negative Declaration be adopted. (Supports Planning Commission unanimous recommendation of approval). ~~ Signature Asst. Di rector Contact person: Larry E. Reed Phone: 384-5357 Supporting data atteched: Staff Report Ward: City-Wide FUNDING REQUIREMENTS: Amount: $25.00 Source: (Acct. No.l 772-171-245-15 Acct. Descri tion Finance: Council Notes: Anonrf~ 11'0"'" ~In I./:L en- Y VI- . , ~AN IS~KNAKDINU - KEQUli:.5T "~r cuUNCIL ACTION (: -~, STAFF REPORT SUBJECT: Development Code Amendment No. 91-04 Mayor and Common Council Meeting of October 21, 1991 REOUEST To amend Municipal (Development) Code Sections 19.22.060 and 19.22.080 to permit the addition of off-site signs on structures within the public right-of-way, such as bus shelters, if there is an approved licensing agreement with the City. BACKGROUND On September 17, 1991, the Planning Commission held a properly noticed public hearing on Development Code Amendment No. 91-04. The Planning Commission reviewed proposed Development Code Amendment No. 91-04 and recommended unanimous approval onto the Mayor and Common Council. ENVIRONMENTAL An Initial Study was prepared by staff and presented to the Environmental Review Committee (ERC) on July 25, 1991. The ERC found that no significant impacts will result from the proposed amendment and recommended a Negative Declaration. The Negative Declaration was available for public review from August 1, 1991 to August 21, 1991. COMMENTS To date, no comments have been received. If comments are received, they will be presented to the Mayor and Common Council at the October 21, 1991 Council meeting. PLANNING COMMISSION RECOMMENDATION The Planning Commission unanimously recommended adoption of the Negative Declaration and approval of Development Code Amendment No. 91-04 at the noticed public hearing on September 17, 1991. FUNDING A $25.00 filing fee for a Notice of Determination will be required. 75-0264 . . o o Development Code Amendment No. 91-04 Mayor and Common Council Meeting October 21, 1991 Page 2 MAYOR AND COMMON COUNCIL OPTIONS The Mayor and Common Council may adopt the Negative Declaration and approve Development Code Amendment No. 91-04. OR The Mayor and Common Council may deny Development Code Amendment No. 91-04. RECOMMENDATION Staff recommends that the Mayor and Common Council adopt the ordinance to amend San Bernardino Municipal (Development) Code Sections 19.22.060 and 19.22.080 and adopt the Negative Declaration. Prepared by: Patti Nahill, Associate Planner for Larry E. Reed, Assistant Director of Planning and Building Services Attachment 1: Staff Report to the Planning Commission Attachment A: proposed Ordinance Attachment B: Initial Study Attachment 2: Ordinance ..CITY OF SAN 80HNAHUINO - IVl5MORANDUM To Planning Commission From Larry E. Reed, Asst. Director Date September 17, 1991 Subject Development Code Amendment No. 91-04 Approved I tem No: 11 REOUEST To amend Municipal (Development) Code Sections 19.22.060 and 19.22.080 to permit the addition of off-site signs on structures within the public right-of-way, such as bus shelters, if there is an approved licensing agreement with the city. Date LOCATION No specific sites have been determined for the placement of the off-site siqns to date. The future project sites of the off-site signs on bus shelters made be located in various residential, commercial and industrial land use designations throughout the city. CALIFORNIA ENVIRONMENTAL OUALITY ACT STATUS An Initial Study was prepared by staff and presented to the Environmental Review Committee (ERC) on July 25, 1991. The ERC found that no significant impacts will result from the proposed amendment and recommended a Negative Declaration. The Negative Declaration was available for public review from Auqust 1, 1991 to Auqust 21, 1991. To date, no comments have been received. If comments are received, they will be presented to the Planning Commission at the September 17, 1991 Planning Commission meeting (see Attachment "B", Initial StUdy). ANALYSIS The amendment of Municipal (Development) Code Sections 19.22.060 and 19.22.080 has been proposed to provide a mechanism to review and approve off-site siqns on public structures, such as bus shelters. The private advertising signs on the public structures will only be permitted if there is a licensing agreement approved by the City Council (see Attachment "A", Proposed Ordinance). The ordinance specifies that a sign permit shall be obtained prior to the construction of the off-site sign on a public structure and shall comply with the provisions of Municipal (Development) Code Section 19.22.100 regarding siqn construction and maintenance. Each siqn permit application will be reviewed to ensure: 1) The protection of the general public health, safety, welfare and aesthetics of the community. ....,.. '. .'...... ,. ATTACHMENT 1 '.. o o Development Code Amendment No. 91-04 Planning commission Meeting September 17, 1991 Page 2 2) The implementation of community design standards, consistent with the General Plan. The promotion of the community appearance by regulating the design, character, location, type, quality or materials, scale, color, illumination and maintenance of signs. 4) The reduction of possible traffic and safety hazards through good signage. 3) The ordinance itself will not result in significant environmental impacts, however, the future placement of the public structures allowed by the ordinance may result in locating the off-site signs within one or more of the City's designated environmental constraint areas. When any such future project is located within an environmental constraint area, all additional environmental reviews and or special studies will be required, as deemed appropriate. RECOMMENDATION That the Planning Commission recommend to the Mayor and Common Council : 1) Adoption of the Negative Declaration: and , 2) Approval of the amendment of San Bernardino Municipal (Development) Code Sections 19.22.060 and 19.22.080 to permit the addition of off-site signs on structures within the public right-of-way, such as bus shelters, if there is an approved licensing agreement with the city. R~;rectfullY s~mitted, 'A'~i'/:'- r- &.1./ ~ l Lar /E. Reed Assistant Director of Planning and Building Services ~~~~ Patti Nahill Associate Planner Attachments : A - Proposed Ordinance B - Initial Study . CITY OF SAN BERNAR o PLANNING AND BUILDING S VICES DEPARTMENT INITIAL STUDY "'Il Initial Study for Environmental Impacts for ORDINANCE AMENDMENT OF SAN BERNARDINO MUNICIPAL (DEVELOPMENT) CODE SECTIONS 19.22.060 AND 19.22.080 PROJECT DESCRIPTION AND LOCATION . To amend Sections 19.22.060 and 19.22.080 to permit the addition of off-site siqns on structures in publiC riqht- of-way, such as bus shelters. if there is an approved licensinq aqreement with the City. The ordinance will be effective City-wide in various General Plan land use desiqnations. July 25, 1991 Prepared for. City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Prepared by. Patti Nahill Associate Planner City of San Bernardino Planninq and Buildinq Services Department 300 North "D" Street San Bernardino, CA 92418 .... CITY 01 ..... -.....c --- PLAfel.l.D7 PAGE 1 OF 1 (4010) . . CITY OF SAN BERNARDINO PLANNING. AND BUILDING SERVICES DEPARTMENT ENVIRONMENTAL IMPACT CHECKLIST r- ""'II A. BACKGROUND Application Number. Ordinance Amendment of SBMC 19.22.060 and 19.22.080 - Sign Regulations ProjeclDescription: To amend Sections 19.22. 060 and 19.22. 080 to permit the addition of off-site sians on public structures. such as bus shelters. if there is an approved licensina aareement with the City. Location: Ci tv-wide Environmental Constraints Areas: Potent;.=.t 1 t:n hp 1 (,\l"",qr,:::.n t&7; +-n; n 1"\"0 nT' mn't""Q constraint areas. Separate case basis as no specific GIlneral Plan Designation: Various General Plan land use designations. review will be required on a case by sites have been determined. Zoning Designation: T'\o-Fo't"" +-0 General Plan B. ENVIRONMENTAL IMPACTS Explain a_rs, where appIllpriate, on a separatellllached sheet ,. Earth ResDUlC6s Wllllhe propouI ruua in: L Earth movement (cut andIor fill) crl10.000 cubic yanls or more? b. Development and/or grading on a slope greater than 15% natural grade? c. Develapment within the A1quist-Priolo Special Studies Zone _ defined in SlICIion 12.0. Gsologic & Seismic. Figure 47. crI the Cily's General Plan? d. ModWication crI any unique gllDlogic Dr physicsl feature? Ves No Maybe x X x x e. DevelDpment within .,.. defNCf for high potential for water or wind eRllion _ identWied in SecliDn 12.0. Geologic & Seismic. Fl!lure 53, crllhe City's General Plan? )( )( I. ModHication 01 a channel. creek or river? l ...I PIJlNoI.lII 'OGE,OFL 1"-101 =-:.-.:...... - . . g. Developmant wllhin lIIl area subject to Iandslidas. Vas No Maybe mudslidas, Iiquafaction or OIhar similar hazards as icfantifiad in SacIion 12.0. Geologic & Seismic, X Figures 48, 52 and 53 ollha City's General Plan? No -ePEColFIc.. 511'1: TO D~, X h. Other? L.O 2. Air "-ur a. Substantial air amissions or an a!fad upon ambienl X. air qualhy as dafined by AQMD? b. Tha creation of objactionabla odors? X c. Developmant within a high wind hazard area as icfantNiad in Saclion 15.0. Wind & Fire, Figure 59, of Iha City's X General Plan? 3. Water Reaou~: Willlha pIlIIlOS8l resub in: a. Changes in absorption ralas, drainage palIams, or Ihe rate and amounl 01 surface runoff dua to X impermaable surfaces? b. Changes in the CDursa or flow 01 flood _ara? )( c. Dischalga Into surface watars or any abaration 01 surface water quality? )( d. . Change in tha quantity 01 quality of graund watar? >( a. Exposure of people or praparty to flood hazards as icfanllfiad in tha Fedaral Emergency Managamant Agency's Flood Insurance Rata Map, Community Panal Number 060281 " and Saclion 16.0 . )( Flooding, Figura 62. 01 tha City's Genaral Plan? NO $","",Flc.. SiTeS TO PATE, X f. Other? 1"'1anP.F; S1TE6 ~ I.<<ArJoI"'"> WtTlll~ 1fI\~ API 4. B!oIogIcaI~: Could tha pIllpOS8I_ub In: L Develapmant within Iha Biological Reaourca ~ Overlay, _ icfantiIiad in s.ction 10.0 . Natural Rasourca, Figura 41, of lha City's )( General Plan? b. Changa in the number of any unique, raN or endangered species of plants ar lhair habbllncludlng ><. stands of ....? c. Changa in tha number of any unique, raN or X endengerad species of animals ar thair habitat? d. RaIllOlral of Nbla, mature ....? (6. ar greater) )( HO Sf'6c.IF,c. 'SIAiS -ro ~, X e. Other? F~I=~ ~ ~ ~ ~1ll\1N l')ES^lF'c.e. 6~' 5. NoIN: Could tha prapouI ~b In: L Development of hausillg, haalth care tecllllles, schools, libraries, religious tdlles ar olhar "noisa. senslive uses In __ whera exilling ar tulura noIee Ielrals 8X08ad an Ldn of 65 dB(A) exterior nI ~ Ldn 0145 dB(A) interior - icfanllfiad in s.ction 14.0. NoiIe, Figuras 14-6 and )( 14.13 of lha CIy's Ge-.l Plan? G.l:..=.:t"...1..... ...-... _ZOF (11?IOl r. , , . b. DevelDpment of new or expansion 01 existing industrial. Ves No Maybe lXImmen::ia1 or other uses which gener.e noise IllI/els on .,... lXIn1aining housing, schools, helIhh care facilities or other senshive u_ stxwe an Leln 01 65 dB(A) exterior X or an Leln of ~ dB(A) intarior? c. Other? )( I. Land Usa: Will the proposal ,.suh in: L A change in the land use .. designated on the X General Plan? b. DevelDpment within an Airpon District.. idantNied in fhe Air Installation CompalibIe Use Zone (AICUZ) Report .nd X the Land Usa Zoning DiIlricl Map? c. Development within Foothill Fire Zones A & B, or C .. x: idanINiecl on the Land Usa Zoning District Map? d. Other? X 7. Man-Made ....rd.: Will the project: .. Use, store, transpCln or dispose 01 hllUrdous or mie ~rials (including but not timkec:t to oil, x: pesticides, chemicals or radiation)? b. Involvtt fhe rele... 01 hllUrdous substances? )( c. Expose paopIe to fhe potential hedhlaalety hazards? >( d. Other? >( .. Hau8lng: Will the proposal: L Remova existing houHtg or craata . demand )( for additional housing? b. Other? )( to TranaportatIon I Clrauldon: Could the pl'a~ 1111, In CllIIIparison with the ClrcuIalion Plan .. idalllllied in SaclIon 6.0 - Cirl:ulldlon of the Clly's General Plan, ..... In: L An incle... in lratIie that Is glUIer than the land )( use cIasIgnaIecI on the GenerIl PlIn? b. Usa of exi8Iing, or demand for _. parlcIng >< faclliliulslructures? c, Impact upon existing public transportalion systems? )( d. AIleratlon of ~nt__ of circulldlon? )( e. ImpllCl to rill or air lratIlc? >< f. Incrauad Nlety hazards to vehlcles. blcycliltl or >( padastrians? g. A diljoinled pattern of roadway impnIwements? >( h. Signlicant i_In lratIlc VDlumes on the roadways or Inte-.:llons? )( l Other? )( .... ~ ~... ~ NlIEsOFL ('>ell) ... ~A:.:... _ PUN-I.IIo PIGE. Of' L ,"-10) - o. \J .... .~ 14. MIIndatory Flndlnga of Slgnnlc:llnce (Section 15065) The California Environmental Quality Act Slates that H any of the following can be answered yes or maybe. the project may have a signHicant enect on the environment and an Environmental Impact Report shall be prepared. Yes No Maybe ao Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat 01 a fish or wildllfelplCies, cause a fish or wildlife populalion to drop below self sustaining levels. thre..en to eliminale a plant or animal community, reduce the number or restrict the renge oIa rere or endangered plant or animal or eliminale important examples 01 the major periods 01 California history or prehistory? b. Does the project haYethe potantial to achieve short- term, to the dlsedvantage oIlong.tarm, environmental goals? (A short.term impact on the environment is one which oocurs in a relalively brief. definitive period 01 time whUe long-term impactS will endure well into the future.) X' )( c. Does the project have Impacts which are individually Smiled, but cumulatively considerable? (A project may impact on two or more separale resources where the impact on each resource is relatively small, but where the effect 01 the total oIlhose impactS on the environment is signlficanL) d. Does the project have .nvironmental effects which will cause substantial adverse effeets on human beings. ._her directly or indireclly? >( >( C. DISCUSSION OF ENVIRONMENTAl EVALUAnON AND MlTlGAnON MEASURES (AIlach sheels as _sery.) 5ee. tmAc:.HEn S~l f..p OF 7. .... '" .. .... -....0 --- P\M.IJlI PAGE 10< l '''-101 , , o o C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES The proposed ordinance amendment to Sections 19.22.060 and 19.22.080 of the San Bernardino Municipal (Development) Code will be effective City-wide. No specific sites have been determined for the placement of the off-site signs on any public structure to date. The ordinance itself will not result in significant environmental impacts, however, the future placement of public structures allowed by the ordinance may result in locating the off-site signs within one or more of the City's designated environmental constraint areas. When any such future project is located within an environmental constraint area, all additional environmental reviews and/or special studies will be required, as deemed appropriate. Applicable initial study resource sections: Earth, Air, Water, Biological and Cultural. 12. AESTHETICS c. The ordinance specifies that a sign permit shall be obtained prior to construction of the off-site sign and shall comply with the provisions of Section 19.22.100 regarding sign construction and maintenance. Each sign permit application will be reviewed to ensure: 1) The protection of general public health, safety, welfare and aesthetics of the community. 2 ) The implementation of community consistent with the General Plan. design standards, 3) The promotion of the community appearance by regulating the design, character, location, type, quality or materials, scale, color, illumination, and maintenance of signs. 4) The reduction of possible traffic and safety hazards through good signage. .... /I 01' 1 ""-" .. ..... D. DETERMINATION On the basis of this initial study. ~The proposed project COULD NOT have a signfficanlelfeCl on the environment and a NEGATIVE DECLARA. TION will be prepared. o The proposed project could have a sign.icantelfact on the environment. anhough there will not be a sign.ieant elfect in this case because the mhigalion measures described above have been added to the projact. A NEGATIVE DECLARATION will be prepared. o 1ha proposacl project MAY have a sign.icent efIact on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMmeE CITY OF SAN BERNARDINO, CALIFORNIA -r:./ ,(.K'm."ELY ;'.t/Alet""~ 1l1lNNt"R Name and Tille ' ~~ Date: ~/ rM AI / ::.:~~!!!' ~~ ........... ~_LOF~ 11'-l1li '} .. 1 2 3 4 5 6 7 8 o o Ordinance No. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.22.060(K) AND ADDING SECTION 19.22.080(3) TO THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) ALLOWING OFF-SITE SIGNS ON PUBLIC PROPERTY IF THERE IS AN APPROVED LICENSING AGREEMENT WITH THE CITY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 19.22.060(K) is hereby amended to 9 read: 10 "K. signs on public property, except for traffic 11 12 13 14 15 16 17 18 19 20 21 regulatory, informational signs, signs required by a governmental agency, model home tour signs, and except as permitted by Section 19.22.080." SECTION 2. Section 19.22.080(3) is hereby added to read: "3. OFF-SITE SIGNS ON PUBLIC PROPERTY Private advertising signs may be placed on structures in the public right of way, such as bus shelters, if there is a licensing agreement approved by the Mayor and Common Council authorizing such off-site signs on public property. An application for a sign permit must be approved prior to 22 the construction of off-site signs on public property and 23 the applicant and the owner of the sign shall comply with 24 25 26 27 28 the provisions of Section regarding sign 19.22.100 construction and maintenance standards." IIII IIII IIII 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o ORDINANCE...ADMENDING SECTION 19.22.060(K) AND ADDING SECTION 19.22.080(3) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) ALLOWING OFF-SITE SIGNS ON PUBLIC PROPERTY IF THERE IS AN APPROVED LICENSING AGREEMENT WITH THE CITY. 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 , 1991, by the following vote, to wit: Council Members: NAYS ABSTAIN ABSENT AYES ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this day of , 1991. w. R. Holcomb, Mayor city of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, city Attorney B~~ 2