HomeMy WebLinkAbout36-Planning and Building
CITY OF SAN BERIGRDINO - REQUEST ~R COUNCIL ACTION
From: Al Boughey, Director
Subject: Appeal of Planning Commission
denial of Conditional Use Permit
No. 91-39.
Dept: Planning & Building Services
Dau: November 19, 1991
Mayor and Common Council Meeting
December 2, 1991
Synopsis of Previous Council ection:
On October 29, 1991, the Planning Commision denied Conditional
Use Permit No. 91-39.
No previous Council action.
Recommended motion:
That the hearing be closed and that the Mayor and Common
Council deny the appeal and deny Conditional Use Permit
No. 91-39 based on the Findings of Fact contained in
Exhibit D.
OR
That the hearing be closed and that the Mayor and Common
Council approve Conditional Use Permit No. 91-39 in concept
and refer the matter back to staff to develo positive
Findings of Fact.
ignatu re
r
Al
Contact person:
Al Boughey
Staff Report
Phone:
384-5357
3
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No,)
(Acct. DescriDtionl
Finance:
Council Notes:
.??-.
CIT'f OF SAN BERt&RDINO - REQUEST .QR COUNCIL ACTION
STAFF REPORT
Subject: Appeal of the Planning Commission denial of Conditional
Use Permit No. 91-39, requesting approval to construct
a billboard on the sllllle site that a billboard was removed
to facilitate the construction of a retail center.
Mayor and Common Council Meeting of December 2, 1991
REOUEST
The applicant, Gannet outdoor Co., Inc., is appeal~ng the denial
of Conditional Use Permit No. 91-39 by the Planning Commission.
Under the authority of Development Code Section 19.22.080(1), the
applicant requests that the Mayor and Common Council approve a
conditional use permit to construct a billboard on the same site
that a billboard was removed to facilitate the construction of a
retail commercial center.
The subject property is located on the west side of the 700 south
block of "E" Street, across from the Orange Show Fairgrounds. The
2.4 acre site is currently under construction for the development
of the "Silo" retail shopping center. The site is located within
the CG-1, General Commercial, land use zoning district.
BACKGROUND
On October 3, 1967, the City issued a building permit to Pacific
OUtdoor advertising to construct a billboard on the subject
property.
On March 7, 1991 Review of Plans No. 90-42 was approved to
construct a 35,000 square foot retail shopping center. The site
plan, as submitted to and approved by the Development Review
Committee, displaced an existing billboard by proposing a building
pad in its location. Shortly after the approval of Review of Plans
No. 90-42, building permits were issued, construction commenced and
the billboard was removed. On July 19, 1991, Gannet Outdoor Co.,
Inc. submitted the application for Conditional Use Permit No. 91-
39, requesting to relocate the sign on the subject property.
On October 29, 1991, the Planning Commission held a properly
noticed public hearing on Conditional Use Permit No. 91-39. The
hearing consisted entirely of a presentation of Staff's analysis
and recommendation; no other persons were present to speak in favor
or in opposition to the proposal. Staff I s discussion primarily
focussed on the finding that the proposal is out of scale and
incompatible with the commercial development on the property, as
75-0264
-
o 0
Conditional Use Permit No. 91-39
Appeal of Planning Commission's Denial
Mayor and Common Council Meeting of December 2, 1991
Page 2
well as with the commercial development occurring in the
surrounding area. staff stated that the height and size of the
proposed billboard, 59 feet overall height and 672 square feet in
area, is a design appropriate only for high speed, limited access
highways, and is thus out of place on a city street, such as "E"
Street. Staff added that the sign, as proposed, will add to the
visual congestion in the vicinity created by the large number of
nonconforming and abandoned pole signs.
Based on the discussion and in agreement with the staff
recommendation, a motion for denial was made and seconded by a
unanimous vote of the six attending Commissioners (Exhibit B).
On October 30, 1991, Ron Cipriani of Gannet Outdoor Advertising
contacted Staff and explained that a pressing commitment prevented
him from attending the hearing. He explained that he attempted to
contact the Planning Division on October 29 at approximately 4:45
p.m. to inquire about the possibility of a continuance, but the
phones were not being answered. Phones would not be answered at
that time of day because City Hall business hours end at 4:30 p.m.
Mr. Cipriani stated that it was his full intention to be present
at the Planning Commission hearing to go on record as actively
supporting his employers' interests.
On November 6, 1991, the applicant, Gannet Outdoor Co., Inc.,
submitted an appeal of the Planning Commission's denial of
Conditional Use Permit No. 91-39 (Exhibit A).
OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL
The Mayor and Common Council May deny the appeal and deny
Conditional Use Permit No. 91-39.
OR
The Mayor and Common Council may continue the item, uphold the
appeal, approve Conditonal Use Permit No. 91-39 in concept and
direct Staff to prepare findings.
o 0
Conditional Use Permit No. 91-39
Appeal of Planninq Commission's Denial
Mayor and Common Council Meetinq of December 2, 1991
paqe 3
RECOMMENDATION
It is the recommendation of Staff that the Mayor and Common Council
deny the appeal and deny Conditional Use Permit 91-39 based on the
Findinqs of Fact contained in Exhibit D.
Prepared by:
Greqory S. Gubman
Assistant Planner
for Al Bouqhey, AICP
Director of Planninq and Buildinq Services
A - Letter of Appeal
B - Statement of Planninq Commission Action
C - Official Notice of Public Hearinq before the
Mayor and Common Council
D - Staff Report to the Planninq Commission dated
October 29, 1991
Exhibits:
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~m OUIDOOR I
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'91 ::::;-: -5 r. 9 :t2
October 30, 1991
The Honorable W. R. Holcomb and
Common Council
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92410
RE: Conditional Use Permit No. 91-39
Dear Hayor Holcomb and Council:
On Tuesday evening, October 29, 1991, the City of San
Bernardino's Planning Commission denied Gannett outdoor Advertis-
ing Company's request to replace on the same site an outdoor
advertising structure. The location is on the west side of the
700 South block of "E" street.
Hayor HolCOmb, Gannett OUtdoor Advertising is appealing that
decision to you and the Common Council. The Development Code
Section 19.22.080(1) permits the replacement of a billboard and
our request is consistent with the Development Code and General
Plan.
Your consideration of this matter is appreciated.
Sincerely,
~~e/~'
L. Ronald Cipriani
Vice President
Public Affairs Department
LRC:lc
~T1j Adrru~to7f() ~
fJ.~nOj ..
C~ Gannett Ouldd6. Co.. Inc. of Southern California
:J P.O. Box 3159 GMF
GAHilEIf Las _ Ca........ 90051.1159
1731 Wcwkm8n 5t.....
1.oo_Ca_90031
1213) 222 7171
EXHIBIT "A"
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City of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PROJECT
Num1:ler:
Conditional Use Permit No. 91-39
Applicant:
Gannet Outdoor Advertising Co., Inc.
Owner:
The "E" Street Shopping Center
ACTION
Meeting Date: October 29, 1991
X Denied Based Upon Findings of Fact (Attachment B)
~
Ayes:
Nays:
Abstain:
Absent:
Clemensen, JOrdan, Lindseth, Lopez, Romero, Stone
None
None
Cole, Ortega, Valles
I, hereby, certify that this Stat_ent of
accurately reflects the final determination
Commission of th ity of San Bernardino.
12
Signature
Official Action
of the Planning
Name and Title
\L
cc: Project Property Owner
Project Applicant
Building Division
Engineering Division
Case File
WP
pcaction
EXHIBIT "B"
.
CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
OFFICIAL NOTICE OF PUBLIC HEARING BEFORE THE CITY
OF SAN BERNARDINO MAYOR AND COMMON COUNCIL
( SUBJECT:
- CONDITIONAL
USE PERMIT .NO.
91;"39
)u
PROPERTY LOCATION:
Subject property is an irregularly-shaped parcel of land
consisting of about 2.3 acres having a frontage of about
580.39 feet on the west side of "E" Street and being
located about 1,285 feet south of the centerline of Mill
Street. .
PROPOSAL:
The applicant requests approval of a Conditional Use
Permit under authority of Code Section 19.22.080 (1)
to permit the replacement of an off-site billboard
sign in the CG-l, Commercial General, General Plan
land use designation.
PUBUC HEARING LOCATION:
SAN BERNARDINO CITY HALL
COUNCIL CHAMBERS
300 NORTH -0" STREET
SAN BERNARDINO. CA 92418
HEARING DATE AND TIME:
Monday, December 2, 1991 2:00 p.
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PLAN-I.07 PAGE I OF I 18-S101
EXHIBIT C
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
AGENDA ITEM
HEARING DATE
WARD
5
10-29-91
3
SUMMARY
W
~ CONDITIONAL USE PERMIT NO. 91-39
()
APPLICANT: Gannet Out oor vertlsing Co
1731 Workman Street
Los Angeles. CA 90031
OWNER: The "E" Street Shopping Ctr.
Joint Venture
18980 Ventrua Blvd.
c.
,
Under authority of Development Code Section 19.22.080(1), the applicant
requests ap~roval of a Conditional Use Permit to replace a billboard on the
same site that a billboard was removed to facilitate the construction of a
retail center.
The subject property is located on the west side of the 700 South block of
"E" Street, across from the Orange Show Fairgrounds. The 2.4 acre site is
currently under construction for the development of the "Silo" retail
shopping center. The site is located within the CG-1, General Commercial,
land use zoning district.
EXISTING
LAND USE ZONING
Retail Shopping Center
(Under Construction) CG-1 --
Commercial CG-1
Commercial CG-1
National Orange Show Fairgrounds PCR
Flood Control Channel PFC
Inland Center Mall CR-1
GENERAL PLAN
DESIGNATION
Commercial General
Commercial General
Commercial General
Public Commercial Recreatio
Public Flood Control
Commercial Regional
PROPFRTV
Subject
North
South
East
West
GEOLOGIC I SEISMIC DYES FLOOD HAZARD 0 YES 0 ZONE A ( SEWERS; ~ YES )
HAZARD ZONE: [J NO ZONE: IXl NO o ZONE B o NO
HIGH FIRE o YES AIRPORT NOISE! o YES REDEVELOPMENT lIVES
HAZARD ZONE: [] NO CRASH ZONE: ~"NO PROJECT AREA:
o NO
...I o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAl..
~ APPUCABLE EFFECTS WITH 0
MmGATING MEASURES j: 0
ZCI) NO E.I.R. 0( CONDITIONS
WCJ u.C
:l!Z D EXEMPT o E.l.R. REQUIRED BUT NO u.Z ~ DENIAL
Z- SIGNIFICANT EFFECTS O(W
OC WITH MITIGATING rii!
a:~ MEASURES 0 CONTINUANCE TO
-II.
> o NO SIGNIFICANT o SIGNIFICANT EFFECTS 0
Z ()
W EFFECTS SEE ATTACHED E.R.C. W
MINUTES a:
~..IJCI!!"~~ PLM-I.02 PAGE 1 OF 1 (4-llO)
EXHIBIT "011
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.. "I
CITY OF SAN BERNARDINO PLANNING CASE CUP NO. 91-39
AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 5
OBSERVATIONS HEARING DATE 10-29-91
PAGE 2
....
.. "I
REomST
Under the authority of Development Code Section 19.22.080(1), the
applicant requests approval of a Conditional Use Permit to
construct a billboard on the same site that a billboard was removed
to facilitate the construction of a retail center.
SITE LOCATION
The subject property is located on the west side of the 700 south
block of "E" Street, across from the Oranqe Show Fairqrounds. The
2.4 acre site is currently under construction for the develop~ent
of the "Silo" retail shoppinq center. The site is located within
the CG-1, General Commercial, land use zoninq district.
DEVELOPMENT CODE AND GENERAL PLAN CONSISTENCY
The proposed use, ie. the on-site replacement of a billboard, is
consistent with the Development Code and General Plan. COnditions
of approval shall ensure compliance with specific development
standards. Desiqn inconsisency with the General Plan will be
discussed separately in this staff report.
CEOA STATUS
Conditional Use Permit No. 91-39 has been determined to be exempt
from the provisions of the california Environmental Quality Act
under Article 19, Section 15302.
BACKGROUND
On October 3, 1967, the City issued a buildinq permit to Pacific
Outdoor advertisinq to construct a billboard on the subject
property.
On March 7, 1991 Review of Plans No. 90-42 was approved to
construct a 35,000 square foot retail shoppinq center. The site
plan, as submitted to and approved by the Development Review
Committee, displaced the existinq billboard in that a buildinq pad
was proposed in its location. Shortly after the approval of Review
of Plans No. 90-42, buildinq permits were issued, construction
commenced and the billboard was removed.
On July 19, 1991, Gannet Outdoor Advertisinq submitted the
application for Conditional Use Permit No. 91-39, requestinq to
relocate the siqn on the subject property.
...
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PlAN-I.D8 PAGE 1 OF 1 1~..Qn1
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP NO. 91-39
5
10-29-91
3
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
,..
~
ANALYS:rS
Propo.ed Billboard Loa.tioD
The applicant proposes to locate the sign near the south property
line of the site, abutting the south wall of retail building "B"
(see Attachment C, Site Plan). The sign is oriented perpendicular
to "E" Street, so that it is visible to northbound and southbound
traffic.
propo.ed Billboard De.ign
The proposed sign is S9 feet in overall height with a sign area of
672 square feet. The supporting structure is a 4S-foot monopole
with a diameter of four feet. The proposed sign face dimensions are
48 feet in lenqth by 14 feet in height (see Attachment C,
Elevations).
o.ve1op.eDt Code 8taDdard.
Section 19.22.080(1) of the Development Code allows the on-site
replacement of billboards, subject to the approval of a conditional
use permit. Hence, approval of this application is discretionary
in nature, as are the conditions of approval that the Planning
COIIUIlission may impose on this project. Additionally, the Code
states that the COllllllission may impose a condition of approval
requiring the removal of more than one billboard elsewhere in the
city that is owned by the same company that owns the billboard to
be replaced.
While the Development Code sets forth minimum requirements for the
replacement of billboards, the underlying intent is to accollllllodate
the continuation of a conforming use by allowing for the
replacement of a billboard structure that is in a deteriorating,
unsafe or irreparable condition. The billboard in question was
removed as the result of property owners I business decision to
develop the site in such a manner that the sign was displaced, and
its relocation was not a proposed component of the project. Thus,
it is the opinion of Staff that the City is not compelled to
approve this application.
.
l.
PLAN-l.ae PAGE 1 OF , (4-10)
~,,~-~
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
OBSERVATIONS
CASE
AGENDA ITEM
HEARING DATE
PAGE
CUP NO. 91-39
5
10-29-91
4
,.
.,
Compatibility of De.ign with Area
The heiqht and size of the proposed billboard, 59 feet overall
heiqht and 672 square feet in area, is a desiqn appropriate only
for hiqh speed, limited access highways. As such, the siqn is out
of scale and out of place on a city street, such as "E" Street. The
billboard is also out of scale and incompatible with the desiqn of
the commercial development on the property, as well as with the
commercial development occurring in the surrounding area.
Additionally, the siqn, as proposed, will add to the visual
conqestion in the vicinity created by the largoe number of
nonconforminq and abandoned pole siqns.
Staff'. Design Recommendations
General Plan Policy No. 1.45.3 states that the City shall:
"Establish desiqn standards for billboards which improve their
visual character and compatibility with adjacent uses and
require that all billboards be upqraded to these standards
within five years [as of June 2, 1989]."
Takinq these General Plan provisions into account and following
quidelines published by the American Planninq Association, as well
as desiqn standards contained in the Development Code, it is the
opinion of Staff that the billboard, if approved, should adhere to
the followinq specifications:
1. The overall heiqht shall not exceed 33 feet, with a maximum
siqn face elevation of 30 feet;
2. The maximum area of the siqn face shall be 300 square feet;
3. The maximum heiqht of the siqn face shall be 12 feet, the
maximum width shall be 30 feet;
4. The supporting structure shall have a decorative cover; and
5. The overall design of the billboard shall be arChitecturally
inteqrated and shall be compatible with the architecture of
the adjoining retail center.
However, on Auqust 15, 1991, Ron Cipriani, representative for the
project, indicated that Gannet Outdoor Advertisinq is not willing
to comply with these desiqn standards, nor would the billboard
company- be willing to remove--other billboards in exchanqe for
replacing a billboard on the subject property.
~~E_
..
~ FJAGE10F1 (.&-10)
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP NO. 91-39
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
5
10-29-91
5
r
Comment. Receive4
No comments have been received as of the writinq of this staff
report.
Conclusion
The Development Code contains provisions to allow the on-site
replacement of billboards subject to the approval of a conditional
use permit. However, the General Plan requires billboard desiqn to
be compatible with adjacent uses, and it is staff's opinion that
the proposed desiqn is incompatible and out of scale with those
uses. The City is not compelled to approve this application: the
property owners themselves chose to displace the previously
existinq billboa..:d in order to develop the property for more
intensive uses. If this application is approved, however,
conditions should be imposed that ensure that the City's values,
as expressed in the General Plan, are served.
Recommen4ation
It is the recommendation of Staff that the Planninq Commission deny
Conditional Use Permit No. 91-39 based on the attached Findinqs of
Fact.
Resp'ectfully submitted,
6:::..k/
...~ 0< Planning
Greqory S. Gubman
Assistant Planner
and Buildinq Services
ATTACHMENTS:
A - Development Code and General Plan Consistency
B - Findinqs of Fact
C - site Plan and Elevations
D - Location Map
l.
PLAN.8.oa PAGE 1 OF 1 (01-90)
~~~L~"::
ATTACHi'lENT A
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP NO. 91-39
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
:>
10-29-91
6
F"
DBVELOPMBHT CODE All]) GBHBRAL PLAH COlfS:ISTBlfCY
Development
Category Proposal Code General Plan
Use On-site Permitted Permitted
placement of
a billboard
Height 59 ft. If/A If/A
Area 672 sq. ft. 672 sq. ft. If/A
max.
Setbacks 0 10 ft. If/A
(leading
edge to
p.l.)
l
--ol
em' ", ..... .-...0
ClfldIIW._- m. lei.
PLAN.J.08 PAGE 1 OF , (4.90)
]
ATTACHMENT B
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
FINDINGS OF FACT
CASE
AGENDA ITEM
HEARING DATE
PAGE
CUP NO. 91-39
5
10-29-91
7
F'
1. Pursuant to Development Code Section 19.22.080(1), the
proposed use is conditionally permitted within the CG-1 land
use district, but does not comply with all of the applicable
provisions of the Development Code in that the setback, as
measured horizontally from the leading edge of the sign face
to the front property line is less than ten feet.
2. The proposed use would impair the integrity and character of
the land use district in which it is to be located in that the
sign is out of scale and is architecturally incompatible with
the adjoining and surrounding structures.
3. The subject site is physically suitable for the type and
intensity of land use being proposed, as it is possible to
locate the sign on the subject property to meet setback
requirements and not interfere with approved circulation
patterns.
4. The proposed use is not compatible with the land uses
presently on the subject property in that the proposed
billboard dominates the buildings and architecture, and
compromises the image of quality development on the subject
property.
5. The proposed use would not be compatible with existing and
future land uses within the general area in which the proposed
use is to be located in that the physical dominance of the
proposed use will lower the overall perception of quality in
the area.
6. The proposed use is not compatible in scale, mass,coveraqe
density and intensity with all adjacent land uses, in that the
scale and mass dominates those adjacent uses.
7. There are adequate provisions for water, sanitation and public
utilities and services to ensure that the proposed use would
not be detrimental to public health and safety in that these
provisions have been met under the Conditions of Approval and
Standard Requirements for Review of Plans No. 90-42.
8. There will be adequate provisions for public access to serve
the subj ect proposal in that the proposed location of the
billboard will not interfere with driveways, parking spaces
or emergency access routes.
~ ~
~~~
P1.AN-I.D6 PAGE' OJ: , (44))
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
FINDINGS OF FACT
CASE
AGENDA ITEM
HEARING DATE
PAGE
CUP NO. 91-39
5
10-29-91
8
, ~
9. There will be a harmful effect upon desirable neighborhood
characteristics in that the visual impact of the billboard
will undermine the image of quality development occurring in
the area
10. A market/feasibility study is not required by the General Plan
or Development Code for the type of use proposed.
11. The proposed use is not consistent with the General Plan in
that Policy No. 1.45.8 states that the City shall "prohibit
the use of oversize.. . signs which dominate the building,
architecture, and/or district in which they are located."
12. There will not be significant harmful effects upon
environmental quality and natural resources in that the
proposed use is exempt from the provisions of the California
Environmental Quality Act under Article 19, Section 15302.
13. The negative impacts of the proposed use cannot be mitigated
because the applicant is unwilling to mitigate those impacts
through the redesign of the billboard.
14. The proposed location, size, design and operating
characteristics of the proposed use would be detrimental to
the public interests, health, safety, convenience or welfare
of the City in that the design and size, as proposed, is out
of scale and incompatible with the commercial development and
traffic activity in the vicinity of the subject property.
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ATTACHMENT D
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AGENDA """l
ITEM #
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP NO. 91-39
LOCATION
5
HEARING DATE 10-29-91
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PLAN-8.11 PAGe, OF 1 :.&.;0,
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November 22, 1991 :0
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The Honorable W.R. Holcomb and N
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Connnon Council --'
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City of San Bernardino - "
300 North liD" Street -. ,-
San Bernardino, California 92410
RE: Conditional Use Permit No. 91-39
Dear Mayor Holcomb and Council:
The appeal of the above reference Conditional Use Permit No.
91-39 has been set for hearing before you on December 2, 1991.
Due to a meeting scheduled prior to this, I would request that
this appeal hearing be continued for 30 days.
Your cooperation and approval of this request is appreciated.
Sincerely,
~~~che;
L. Ronald Cipriani
vice President
Public Affairs
LRC:pp
cc:Greg Gubman
Planning Department
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GNMII'
Gannett Outdoor Co. of Southern California
P.O. Box 3159 GMF
Los Angeles. California 90051-1159
1731 Workman Street
Los Angeles. California 90031
(21312227171
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MISCELLANEOUS CASH RECEIPT
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Date
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TOTAL
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DISTRIBUTION: White - Customer; Canary - Cashier; Pink - Department; Goldenrod - Dept. Numeric Control