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HomeMy WebLinkAbout37-Planning and Building ~'1'~T"T" CITY OF SAN BERIQRDINO - REQUEST OR COUNCIL ACTION From: A 1 Boughey, Di rector Dept: Planning and Building Services Date: November 19, 1991 SubjeCt: Appeal of Variance No. 91-16 (Wal-Mart Signage) Mayor and Common Council Meeting December 2, 1991 Synopsis of Previous Council action: On November 4, 1991, the Mayor and Common Council approved the Development Agreement (D.A. No. 91-02) for the development of the (Wal-Mart) shopping center by Gatlin-Doerken Development Corporation. Recommended motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and deny the Variance requests for increases in height and area of the center identification monument signs and freeway monument signs, for trademarks and logos for nationally and regionally recognized tenants, and for a palette of 5 colors and 4 more letter types, (supports staff recommendation and Planning Commission's action.) OR That the hearing be closed and that the Mayor and Common Council approve the Variance requests in concept and refer the matter back to st to develop positive Findings of Fact, (supports appellant's reques .) Al Contact person: Al Boughey Phone: 384-5357 4 Supporting data attached: Staff Report Ward: FUNDING REQUIREMENTS: Amount: N/A Source: IAcct. No.l IAcct. DescriDtion) Finance: Council Notes: ^..."'.......I.. 1+......... 1\1... ,~7 ~~~":!'" ,I o o STAFF REPORT Subject: Appeal of the Planning Commission's denial of six of the eight variance requests of Variance No. 91-16 for signage at a proposed multi-tenant shopping center at the northwest corner of Highland Avenue and of Boulder Avenue. Mayor and Common Council Meeting December 2, 1991 REOUEST The applicant is appealing the Planning Commission's denial of six of the variance requests of Variance No. 91-16. Specifically, the appellant requests that the Mayor and Council approve variance requests to allow secondary wall signage for two major tenant retail spaces, pad tenant monument signs for outlying tenant structures of less than 5,000 square feet, two center identification monument signs in excess of the height and area permitted by Code, one freeway monument sign in excess of the height and area permissible by code, logos and trademarks on wall signs for nationally or regionally recognized tenants, and two more letter styles and colors than permitted by Code for a proposed 310,283~ square foot multi-tenant shopping center, to be constructed on 31.05 acres located on the north side of Highland Avenue at the termination of Boulder Avenue, approximately 400 feet east of Denair Avenue in the CG-l, Commercial General land use designation (See Exhibit A, Letters of Appeal.) BACKGROUND Variance No. 91-16 included eight requests for variance of Development Code sign standards applicable to the proposed shopping center. On October 29, 1991, the Planning Commission approved two of the requests for variance and denied the other eight. The two requests that were approved were requests to allow wall signs for major tenants in excess of the allowable area, and to allow more than three major tenants on the shopping center identification monument signs. The approval of the request for additional wall sign area for the major tenants was based upon the large distances (300+ feet) from 'Highland Avenue to the major tenant buildings, and the grade difference between Highland Avenue and the center (17 feet), which could make the wall signs difficult to read from Highland. The approval of the request for additional major tenants of the shopping center identification signs limited the number of major tenants on the signs to a total of four (the number of major tenants at the center). This approval was based upon the larger size of the center (31.05 ~.~~ o 0 acres) in relation to other comparable shopping centers located within the City. The denial of the remaining six requests was based 'upon the findings that there were no special circumstances applicable to the property, that the granting of these variances was not necessary for the preservation of substantial property rights possessed by other properties in the same vicinity, and that the granting of these variance requests could constitute a special privilege or advantage not afforded other similar shopping centers in the land use district and vicinity. On November 4, 1991, the Mayor and Common Council approved Development Agreement No. 91-02 to govern the development of the 310,283~ square foot shopping center on the site. The Development Agreement included the Conditions of Approval and Standard Requirements for Variance No. 91-16 as an attachment. However, since action by the Mayor and Common Council to deny or uphold the appeal on Variance No. 91-16 will not change the Conditions or standard Requirements of the variance, it will not affect the contents or validity of the approved Development Agreement. ANALYSIS secondary Wall Signs for Major Tenants 3 and 4 The appellant contends that staff is confused secondary signage for Retail Spaces 3 and 4, the secondary wall signs are not for second secondary copy. as to the need for and indicates that frontages, but for Development Code Section 19.22.150, Table 22.01, SIGN REGULATIONS BY LAND USE CATEGORY, does not include provisions for wall signs for secondary copy for multi-tenant shopping centers located in the CG-l land use district. Since no other centers in the vicinity or the CG-l land use district are permitted secondary copy, granting such a variance would constitute a special privilege. Monument Signs for Pad Tenants In the staff report to the Planning Commission, staff points out that the outlying pad buildings are not permitted monument signs. Pursuant to Code Section 19.22.150, Table 22.01, one double face, 25 square foot per face monument sign is permitted for single detached businesses in structures of not less than 5,000 square feet. _The structures proposed for the outlying pads do not exceed 4,500 square feet. Hence, the pad buildings are not permitted monument signs. Staff also indicated that the tenants of the pad buildings were allowed wall signs, which, given the grade difference between Highland and the shopping center, should make them quite visible. o o The appellant feels that because of the size of the center and length of the frontage along Highland Avenue (1,BOO~ feet), the grade difference will put the floor of the pad buildings above eye level with the wall signage facing the street where they will not be easily readable to the majority of traffic. There is 140+ feet between each of the pad buildings. If the allowable wall signs are placed on both the east and west sides of the pad buildings, facing traffic, they should be visible. staff believes that the grade difference of the pads is an advantage that will make the signs more visible. Other centers in the vicinity or in the CG-1 district do not have this height advantage and are not permitted monument signs for pad buildings less than 5,000 square feet in size. Granting this variance would constitute the granting of a special privilege for the pad tenants. Center Identification Honument Signs Development Code Section 19.22.150, Table 22.01, permits one double face center identification monument sign per street frontage, 75 square feet in area per face, not to exceed a height of 20 feet or the structure it identifies, whichever is less. The shopping center height exceeds 20 feet, therefore 20 feet is the maximum height permitted. The appellant proposes two identification monument signs with a height of 30 feet 9 inches with an area of 120 square feet per face. The appellant believes that these signs should be seen from a distance of 1/4 of a mile to be effective, giving the automobile traffic on Highland and Boulder sufficient time to make a proper and safe decision. The grade difference will increase sign Visibility. The center will have three entrances along Highland Avenue; one at Boulder Avenue, one at the new extension of Piedmont Drive on the west end of the center, and one entrance approximately half way between the entrance at Boulder and the Piedmont extension. Assuming the occupant of a vehicle travelling east sights a center identification monument sign that conforms with Code standards at the corner of Highland Avenue and the Piedmont extension, he or she still has over 1,BOO feet of shopping center frontage before it is too late to use the Boulder entrance. The long frontage and two entrances east of the Piedmont extension should provide ample opportunity to make a proper and safe decision for entry to the center. The same argument can be made for westbound vehicles spotting a monument sign that is in conformance with Development Code sign standards at the Boulder entrance along Highland Avenue. Granting this variance request also would constitute the granting of a special privilege to the shopping center. o o Freeway Honument Sign The applicant proposes a freeway sign 62 feet in height with an area of 480+ square feet. Development Code Section 19.22.150, Table 22.01, permits one double face monument or pole sign with decorative cover with 125 square feet of area per face and a maximum overall sign height of 25 feet. A minimum of 300 feet of freeway frontage is required to warrant such a sign. The appellant has noted that the freeway will be approximately 18 to 20 feet below the grade of Highland Avenue (the freeway will pass beneath Highland Avenue) and has indicated that the sign will be approximately 400 feet west of the freeway. The appellant feels that given the speed of traffic on the freeway, the number of tenant names on the sign (which the applicant feels should be 5 instead of the 4 approved by the Planning Commission), the height and area of the sign is warranted. The property has almost exactly 300 feet of freeway frontage (frontage along california Department of Transportation freeway right-of-way). The reason that the sign is nearly 400 feet from the freeway is because there is a freeway frontage road and offramp area between the proposed southbound lanes and the site. Traffic will be travelling the freeway at 55 miles per hour or approximately 81 feet per second. With 300 feet of frontage, vehicle exposure to the sign will be somewhat less than 4 seconds. However, the Highland Avenue overpass will likely block the view of the freeway sign for northbound traffic until vehicles are well past the Highland Avenue offramp, regardless of sign height or area. The Highland Avenue offramp for southbound traffic begins adjacent to the site. Given the hilly terrain to the north of the shopping center, it is also likely that the sign will not be visible to southbound traffic until it is to late to use the southbound Highland Avenue offramp. Increases in height and area will do very little to improve the freeway sign visibility. As noted in the Planning Commission Staff Report, there will be approximately a 14 foot grade difference between Freeway 30 and the grade level at the base of the sign. Given the grade difference, a freeway sign constructed to Development Code standards with a maximum height of 25 feet, a maximum sign face height of 22 feet, and a maximum sign panel height of 7 feet, will put the bottom of the sign panel 1 foot above freeway grade, where it would be visible to freeway traffic. Thus, a larger freeway sign is not warranted and would constitute a special privilege. Trademarks, Logos, Colors, and Letter styles The applicant requests that business tenants with a nationally or regionally recognized name be allowed to use their recognized letter styles (trademarks) and logos on their wall signs. The applicant has also requested the allowance of 2 additional letter o o styles for the center for a total of 4 (only 2 are permitted by Code) and a palette of 2 additional colors for a total of 5 (only 3 colors are permitted by Code.) The appellant's position is that the shopping center is exceptionally large, ~nd although all new shopping centers in CG-l land use designation are required to meet this limitation, others in the vicinity (City of Highland) are not required to comply with these restrictions. Difficulty in leaSing to nationally or regionally recognized tenants is also a concern of the appellant. All new shopping centers located within the City of San Bernardino, located in the vicinity of the proposed center and the CG-l land use district, are subject to the same restrictions. The four major tenants of the shopping center are allowed logo signs by the Code. Approving the request for the logos and trademarks, and the additional letter styles and colors would also constitute the granting of a special right or privilege for the center that other centers located in the same vicinity or land use district within the City are not afforded. CONCLUSION Granting the 6 additional variance requests of Variance No. 91-16 would constitute the granting of a special privilege to the applicant that other property owners in the vicinity and land use district are not permitted. OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL The Kayor and Council may deny the appeal and deny the 6 additional variance requests of Variance No. 91-16, or the Kayor and Council may uphold the appeal and approve anyone, several or all 6 or the following variance requests of Variance No. 91-16 in concept, referring the item back to staff to develop positive Findings of Fact: (1) To allow secondary wall signage for the two major tenant retail spaces 3 and 4; (2) To allow pad tenant monument signs for the outlying tenant pad structures of less than 5,000 square feet; (3) To allow two center identification monument signs in excess of the height and area permitted by the Development Code; (4) To allow one freeway monument sign in excess of the height and area permitted by the Development Code; (5) To allow logos and trademarks on wall signs for nationally or regionally recognized tenants; and, (6) To allow two more letter styles and colors than permitted by Code. o o RECOMMKNDA.TION staff reco..ends that the Mayor and Council deny the appeal and deny all 6 additional variance requests of Variance No. 91-16. prepared by: Michael R. Finn, Associate Planner for Al Boughey DirectoT of Planning and Building Services A - Letters of Appeal B - Staff Report to the Planning Commission C - Official Notice of Public Hearing before the Mayor and Common Council Exhibits '0 Ib City of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Variance No. ~1-16 Applicant: Sierra Engineering Owner: William and Benita Buster ACTION Meeting Date: October 29, 1991 X Approved Request for 125 square foot primary wall sign and 125 square foot secondary wall sign for Retail Space NO.1, 125 square foot primary wall signs for Retail Space Nos. "3 and 4, 185 square foot primary wall sign and two 125 square foot secondary wall signs for Retail Space NO.7, Request for additional major tenants on the center identification monument signs, restricting the number of such major tenants on the signs to the four ~ajor tenants of the shopping center (Retail 1, 3, 4, and 7) , and Deny Requests for increases in the height of the center identification monument signs and freeway monument signs, for trademarks and logos for nationally or regionally recognized tenants, and a palette of 5 colors and 4 more letter types Based Upon Findings of Fact (Attachment B-2) and Subject to Conditions of Approval (Attachment C-2) CONDITIONS This project was approved subject to the Cond::.tions of Approval contained in Attachment C-2 with the addition of No. 8 to read: 8. Many of the Conditions of Approval and Standard Requirements imposed upon this project state or imply that the Developer is responsible for construction, which the City will agree to construct for the Developer under Development Agreement No. 91-02. However, these issues are adequately addressed in Developr.gnt Agree::lent No. 91- 02. The Development Agreement shall supercede and cc~trol anI inconsistent provision of the Conditions of Approval and Standard Requirements imposed upon this project upon adoption of Development Agreement No. 91- 02 by Resolution. --,~ o o ~ Ayes: Nays: Abstain: Absent: Clemensen, Jordan, Lindseth, Lopez, Romero, stone None None Cole, ortega, Valles I, hereby, certify that this Statement of accurately reflects the final determination commission of the City of San Bernardino. Siqnfl~ Al Bouahev. Director of Plannina and Buildina Services Name and Title Official Action of the Planning II /J~l Dat cc: Project Property OWner Project Applicant Building Division Engineering Division Case File WP PCACTIONA ~... ~ o o October 31, 1991 MikeFiM City of San Bernardino Planning Department Dear Mike, We respectfully disqree with the Planning CommissiOllS decision of 10128191 for variance 91 - 16 and are formally Dclnng for an appeal to the city council as soon as possible. Our taIOIlS are as foUows; On page 164, paragraph 3. - Stafr is confused as to the need for secondary ~ig7Ulge for the major lImaDts at buildings 3 & 4 because they have no IICOIld frontage. Our position is that the need for secondary sipqe for major tenants is not for second frontages, but for secondary copy, ie: " Radio Shack" might have "Computer Stole" or a Drug Store might have " Ihr PbOlO" etc. These secondary signs are deemed by most major retailers as vital and in most cases l~ e -, a significant pen:entage of their business or of their customer draw. Page 165 Paragraph 3. - Staff states that the pad buildings are not allowed to have monument sians because the pad buildings are only 4500 sq.ft. and need to be SOOO sq.ft. by city code to be allowed the monument signs. Staff also noted the grade difference as a reason for disaI10wing the monument signs. Our position is that because of the size of the center and the lenath of the iron.. (which is approximately 1800' OIl Highland Ave.), the grade difference will put the floor of the pad buildings above eye level. tbc.Jore the wall sigDage would be at a height facing the street where they will NOT be easily readable to the majority of the traffic. Therefore we feel that there is a need for these monument signs at the Stnlet level so as to advertise the Pad Tenants properly, as well as the fact that most pad tenants would not sicn a lease unless theY-COuld have a monument sign. We believe that a good pan of the economic viability of the center depends on the Pad Tenants being able to have monument signs. Exhibit A ::C1 Q 1::...-1_.....1 0_. 1_,.___ , ____ .....__. __ ....._'"'___._ l"'\" .....or ,~...... f"'I"'~ ,...,..... ,-... ...... _~., ~ __ A _. ___ _ ~_... o o Pqe2of3 October 31,1991 Appe8l Variance 91 - 16 Page 166 ParacraPh 4 - In reference to the Center Idendfic:adon Sips, staff Slates that the grade difference will increase the visibility, and although they do acknowledge the fact that the ctlItet bas a very 1011I &ontage, they suggest that we lower the sign and make it more of a monnment sign with channellette'S. We apee with staff that the center does have an extremely 1011I froIltage but these sian should be able to be seen (rom a distance of approximately 1/4 mile to be effective both as an identification for the center and 10 identify the main entrances, pvina the automobile traffic on Highland A venue and Boulder sufficient time to make a proper and safe decision. Given that. the distance reqWlemelit, the need b the DIIIDe of the c:eIIter OIl the sip and the names of the four major tenants it is our belief that the size and height of theIe signs are ipplOflaiam and imperative b the viability of the centa'. Pase 167 ParaJraph 2 - Staff stares that the difference in grade for the Freeway Pylon Sian Pellle.> the need for the additional beipt and area. After Our ini1ialstudies of the topopaphic differences, notedly that the freeway will be approximately 18' to 20' below grade at Higll1ancl Avenue and the sign will be applO.olim..teIy 400' west of the freeway, the speed limit of the freeway, the number of tenants 1Illme5 (which should be five, one each for the major teoants and at least one for a . pBd restaurant) and the name of the center leada us to a conclusion that the area and size of sip we are requestins is required for the piop.;. freeway identiflClltion of a multi-tenant <:enter of this size. Paae 167 Paragraph S . Staff states that all new shopping centers win be required to comply with the new development code in reference 10 the nationally rec:ocnized tenants' 10101 and the limit of leIt<< styles and colors. although staff did I.'eCOJ4ize the fact that it may make it easier 10 lease splICe in the center. - Our position is that this is an exceptionally large center, and although it may be true that all new <:alters will be required to meet this limitation, we are competing for tenants with centers that are already existing and do not require these limits, as well as new centers proposed directly across the street in the City of Highland. Most nationally or regionally ~7M tenants will not sign a lease unless they are a110wed their letter or 1010 style (i.e. Hallmark, Trak Auto, Radio Shack, etc.). Therefore, it becomes an economic issue as well. o o Page 30f3 ~1dlel31.1991 AppealofVariance91-16 Let me just close by restating that this is the laraest center of it's kind in the city of San Bernadino (by ~uximately 300%). u well u probably the nicest looking, clue to the amount of money and time this cIeYelopec bas put inlD making this center a landmark in the City of San Bemardino. Given that. and retOg1Ii:rillg the topographic differences and the proximity to the fnleway, we firmly believe that the sianage program that has been submitted is the minimum that this center can properly exist with. Although we do understand staffs problem with our requests in regards to the development c:ode, it is our belief that the Development Code wu written with centllrs much smaller in mind. o o ;'1:1::'<. . .-" . ..~:. DOERKEN PROPERTIES, INC. ':'01 <JCE...." PARK BLH' -LITE 3><' "':\ 'TA \.IO"C.-\. I... \ ""lJ.W:; rEI. .2P, -t:;:,:'"~1 F-\\ :I~, ...::2.-;:;:; November 1, 1991 Major W.R. Holcomb and Members of the Common Council c/o Mr. AI Boughey, AICP City of San Bernardino 300 North .0" Street San Bernardino, CA 92418 Subject: Appeal of Planning Commission Decision on Variance No. 91-16 Honorable Mayor and Members of the Common Council: On October 29, 1991 at a regularly scheduled meeting of the City of San Bernardino Planning Commission, Variance No. 91-16 was approved with findings offact, and subject to conditions and as recommended by staff as follows: 1. Grant the variance requests for the 125 square foot primary wall sign and 125 square foot secondary wall sign for Retail Space No.1, the 125 square foot primary wall signs for Retail Space Nos. 3 and 4, the 185 square foot primary wall sign and two 125 square foot secondary wall signs for Retail Space No.7, subject to the attached Findings of Fact (Attachment "B-2"), Conditions of Approval (Attachment "C-2"). 2. Grant the variance request for additional major tenants on the center identification monument signs, restricting the number of such major tenants on the signs to the four major tenants of the shopping center (Retail 1, 3, 4 and 7), subject to the attached Findings of Fact (Attachment "B-2"), Conditions of Approval (Attachment 'C-2"). 3. Deny the variance requests for the increases in height of the center identification monument signs and freeway monument signs, for trademarks and logos for nationally or regionally recognized tenants, and for a palette of 5 colors and 4 more letter types based on the attached Findings of Fact (Attachment "B-2"). 'Mayor W.R. Holcomb an9 Members of the Common Council November 1, 1991 Page 2 o Although as stated in staff's recommendation there is sufficient justification to allow a variance from certain requirements of the Development Code, the "items' requested as stated in staff's recommendation #3 are equally important towards providing the overall sign program desired by the tenants of this project. This is not meant to state any disregard for the requirements of the City's development code; however, to put into perspective the significance of "proper" (as defined by tenants and nationally recognized commercial franchises) exposure and/or recognition which is necessary to attract and maintain a stable commercial center of this magnitude. We believe that in review of the staff report submitted to the planning commission, and being given the opportunity to discuss the circumstances with the Mayor and Council, a clear understanding of the issues will be provided for your consideration of our request. The action which is being requested is to approve the sign program for the shopping center as submitted with the findings of fact and subject to the conditions as stated. Due to the detailed report and analysis provided by City staff, we did not feel it necessary to expand the issue any further with this written request for your consideration on this matter. Thank you for the time taken with this correspondence and the opportunity to publicly address the Mayor and Council. Respectfully submitted, ~ cM#1- Philip E. Adams Vice President PEA:pms ;;.,~ ~ CITY OF SAN BER,:R,INO PLANNING ,,- AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 8 SUMMARY HEARING DATE 10-29-91 WARD 4 ... , /-.. .... - APPUCANT.Sierra Engineering CONDITIONAL USE PERMIT .25864 Business Ctr Dr. , St W Redlands, CA 92374 ~ NO. 91-26 AND VARIANCE OWNER: William and Benita Buster CJ No. 91-16 AND DEVELOPMENT 1399 Colton Avenue AGREEMENT NO. 91-02 Redlands, CA 92373 \...../ ) A Conditional Use Permit to construct a multi-family to- shopping center with 310,283 square feet of retail space fa and four restaurants (one of more of which may include :) a drive-thru) totalling 18,000 square feet. 0 A Variance of Development Code Sections 19.22.150 and W 19.22.040(D) concerning sign development standards. II: - A Development Agreement to govern the development of C the shopping center. W II: Located on the north side of Highland Avenue at the C termination of Boulder Avenue approximately 400 feet east of Denair Avenue. r EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION South Vacant CG-l Commercial General North Vacant/Sinqle-Family Residential Medium/ Residential/Mobile RWRS/RU-l Residential Suburban/ Home Park Residential Urban South Single-Family Residential R-l(City of Highland) Residential Low Density East Vacant RS/PFC Residential Suburbanl Public Flood Control West Vacant/Multi-Family CG-l/RH/RS Commercial General/ and Sinqle-Family Residential Hiqh/ \.. Residential Suburban JOC YES r I( ) GEOLOGIC I SEISMIC I FLOOD HAZARD 0 YES o ZONE A SEWERS: Xm YES \.. HAZARD ZONE: o NO \.. ZONE: JOCNO OZONE B o NO ( XX YES ) r 0 ) ( DYES HIGH FIRE AIRPORT NOISE! YES REDEVELOPMENT HAZARD ZONE: 0 NO CRASH ZONE: PROJECT AREA: \.. KKNO KKNO - ,.-- ..I o NOT U POTENTIAL SIGNIFICANT Z U APPROVAL j! APPLICABLE EFFECTS WITH 0 MmGATlNG MEASURES - zrn NOE.l.R. ~ U CONDITIONS WCJ - 1I.C1 ~z o EXEMPT o E.l.R. REQUIRED BUT NO II.Z 0 DENIAL Z- SIGNIFICANT EFFECTS CW OCl WITH MITIGATING t;~ a:!: MEASURES ~ 0 CONTINUANCE TO -II. > o NO SIGNIFICANT o SIGNIFICANT EFFECTS Z CJ W EFFECTS SEE ATTACHED E.R.C. W MINUTES II: '-- '-- F =:.=..c ".I::i Pl..NM.D2 PAGE 1 OF 1 ('-10) EXHIBIT B "'."""~ CITY OF SAN BERN DINO PLANNING AND BUILDING SERVICES DEPARTMENT OBSERVATIONS DA 91-02 8 1 n-2q-q1 161 CASE AGENDA ITEM HEARING DATE PAGE ~ ... VARIANCE NO. 91-16 REOUEST The applicant is requesting a variance of Development code Sections 19.22.150 and 19.22.040(2)(0), to allow wall signs for major tenants in excess of the allowable area and number, sign colors and letter styles in excess of the allowable number, two center identification monument signs in excess of the allowable height and area, each identifying five tenants, a freeway sign in excess of the allowable height and area, and one monument sign for each pad tenant. The applicant is also requesting that trademarks and logos be permitted on wall signs for tenants with nationally or regionally recognized trademarks or logos. SITE LOCATION The site consists of 31.05 ares located on the north side of Highland Avenue at the termination of Boulder Avenue, approximately 400 feet east of Denair Avenue in the CO-1, commercial General land use designation. A 310,283!. square foot multi-tenant commercial shopping center with four 4,500 square foot restaurants has been proposed for the site. MUNICIPAL CODE AND GENERAL PLA~~fOBJ1~~C~ The proposed signs are not in conformance with the Development Code as shown in Attachment "A-2". The General Plan does not address sign development standards. CALIFORNIA ENVIRONMENTAL OUALITY ACT STATUS The requested variance is provisions of the california to Section 15311(a) (Class 11 categorically exempt Environmental Quality exempt ion) . from the Act pursuant ..... ~~.1: l':I PLAN-l.oe PAGE 1 OF 1 (4-10) CITY OF SAN BERNA DINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE UP 9l-26/VAR 91-16 DA 91-02 8 10-29-91 162 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE BACKGROUND Variance No. 91-16 is one of five applications submitted to the City concerning the design and construction of a large multi- tenant shopping center on the north side of Highland Avenue, at the termination of Boulder Avenue. This application is a request to vary Development Code sign regulations, which the applicant feels are too restrictive for a shopping center 30+ acres in size. Two previous applications concerning the center, General Plan Amendment No. 91-05, a request to realign the proposed Piedmont Drive in the Circulation Element of the General Plan, and Parcel Map No. 13892, a request to establish the final lot configurations for the commercial shopping center and adjust the Residential Medium/Commercial General land use boundary traversing the northern portion of the site, were heard by the Planning Commission on October 8, 1991 and approved. The remaining applications are Conditional Use Permit No. 91-26, an application to construct the shopping center, and Development Agreement No. 91-02, an agreement to govern the development of the shopping center. Of note is that this Variance Application, the Conditional Use Permit, the Parcel Map application, and the Development Agreement are contingent upon the approval of General Plan Amendment No. 91-05 by the Mayor and Council. ANALYSIS Site and Area Characteristics The irregularly shaped site is comprised of 31.05 acres and slopes to the south at approximately 3 to 5 percent. With the exception of one single-family residential structure located in the southwest portion of the site fronting Highland Avenue, the site is vacant and char~cterized by weedy vegetation, shrubs, and grasses. The site is bordered on the south by Highland Avenue, and on the east by state Highway 330. Ad10ining land uses include a mobile home park and single-family homes to the north, single- and multi-family development to the west, and Single-family homes across Highland Avenue to the south in the City of Highland. .... .j ~==== PLAN-8.Cl1 p. 1 OF 1 (...go) ~/'.:-"',,,";""'."<",- " . CITY OF SAN BERN INO PLANNING AND BUILDING SERVICES DEPARTMENT OBSERVATIONS CASE P 91-26/VAR 91-16 DA 91-02 8 10-29-91 163 AGENDA ITEM HEARING DATE PAGE The applicant has proposed to construct a 3l0,283~ square foot commercial shopping center and four 4,500 square foot restaurants on the site. The buildings comprising the center are 260+ feet from Highland Avenue. This distance is expected to increase by nearly 40 feet vhen the California Department of Transportation (CalTrans) completes the realignment of Highland Avenue, vacating approximately 4 acres of land adjacent to the site on the south. Ca1Trans is expected to complete the construction of Freevay 30 vithin the next five years. The center is expected to have over 360 feet of freevay frontage upon completion of Freevay 30. Wall Signs The applicant is requesting tvo 125 square foot vall signs for Retail Space No.1 (Mervyn's), one 125 square foot vall sign for Retail Space Nos. 3 (Ross Dress for Less) and 4 (to be ~etermined), and one 185 square foot'vall sign and tvo 75 square foot vall signs for Retail Space No.7 (Wal-mart). The placement of the vall signs for Retail No. 1 viII be as shovn in Attachment "F-2". The vall signs for Retail Space Nos. 3 and 4 viII be on the south elevation facing the parking lot. The 185 square foot vall sign for Retail Space No. 7 viII be as shovn on Attachment "F-2", on the south elevation facing the parking lot. The tvo 75 square foot signs for Retail Space No. 7 viII be placed on the east elevation and viII face the east parking area and Freevay 30. All other tenant vall signs are to conform to the standards specified by the Development Code. Pursuant to Development Code Section 19.22.150, Table 22.01, Sign Regulations by Land Use Category, tenants of multi-tenant shopping centers are entitled to one single face vall sign per building or parking lot frontage, vith a maximum of 2 vall signs per business. The allovable area of a primary vall sign is based upon 1.5 square feet of sign for each lineal foot of building frontage on a street, not to exceed 75 square feet. The allovable area of a secondary vall sign is based upon 1.5 square feet of sign for each lineal foot of building frontage on a secondary street or parking lot, not to exceed 50 square feet. Based upon these standards, Retail 1, 3, 4, and 7 are each permitted a primary vall sign 75 square feet in area, and Retail 1 and 7 are each permitted a secondary vall sign 50 square feet in area (See Attachment "E-2"l. ~ PLAN-I.Q8 PAGE 1 OF , (4-10) =net&'- ~ -~ CITY OF SAN BERNA DINO PLANNING AND BUILDING SERVICES DEPARTMENT OBSERVATIONS CASE C 9l-26/VAR 91-16 DA 91-02 AGENDA ITEM 8 HEARING DATE 10-29-91 PAGE 164 The applicant's request is based upon the argument that this shopping center, comprised of 31.05 acres, is larger than any other multi-tenant shopping center in San Bernardino. The site of the center has a frontage of approximately 1,800 feet along Highland Avenue, will have a frontage of approximately 620 feet along the realigned section of Piedmont on the west side of the site, and nearly 720 feet of freeway frontage along Freeway 30, once it is completed. The applicant also cites a significant grade difference between the shopping center and Highland Avenue, which he believes will make the wall signs of the major tenants difficult to see (Attachment "0-2"). staff completed an informal survey of shopping centers both existing and proposed in the city of San Bernardino. Two shopping centers were found to be the most comparable to this particular shopping center. The most comparable was the shopping center located on the northeast corner of Highland Avenue and Sterling Avenue, comprised of 12.12 acres. The next most comparable center was the new West Side Plaza located at the northeast corner of Base Line Street and Medical Center Drive, comprised of 9.78 acres. The applicant is therefore correct in his assertion that this is larger than other shopping centers in that the site of this shopping center is nearly three times the size of either of the other comparable shopping centers. There will be a 17 foot grade difference between the shopping center and Highland Avenue which could hinder the ability to see the wall signs of major tenants. However, this grade difference should improve the visibility of monument signs placed along Highland Avenue. Of significance, however, is the fact that the retail buildings for the major tenants are nearly 300 feet or more from Highland Avenue. A 75 square foot sign or 50 square foot sign could be difficult to read at this distance, perhaps warranting the larger wall signs for the major tenants. One point of confusion, however, was why a secondary wall sign was needed for Retail Spaces 3 and 4, when neither space had any secondary street or parking lot frontage. staff could find no need for the granting of secondary wall signs for these retail tenant spaces. .. ~~._== Pt,AN-I.DB PAGE 1 OF t ('-101 ~ - . CITY OF SAN BERN INO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 9l-26/VAR 91-16 DA 91-02 R 10-29-91 11;'; OBSERVATIONS AGENDA ITEM HEARING DATE PAGE r ~ Pad Tenant Monument Signs The applicant is requesting monument signs for each of the pad tenants, a feet in height with 40 square feet of sign area. Each pad tenant monument sign would be placed along Highland Avenue as shown in Attachment "H-2". Pursuant to Development Code Section 19.22.150, Table 22.01, Sign Regulations by Land Use Category, single businesses in a detached structure of not less than 5,000 square feet are permitted a business identification monument sign, 6 feet in height or 4 feet above the top of an associated planter or landscape mound and 25 square feet in-area per sign face. The applicant's request is again based on the size of the shopping center and the grade differences (Attachment "0-2"1. However, each of the pad buildings are 4,500 square feet in area and are not permitted business identification monument signs under the Development Code. Each pad will be located at the top of the center grade, above Highland Avenue, where they will be quite visible. Each pad tenant will be permitted a primary and secondary wall sign based upon the Development Code, which should be easily visible from Highland Avenue. Finally, should the applicant increase the size of the buildings to 5,000 square feet or more under a Type II Development Permit, each would be warranted a business identification monument slqn sub1ect to the Development Code Standards. The visibility of such monument signs would be improved by the grade difference of the center along Highland Avenue. Center Identification Monument Signs The applicant is requesting two center identification monument signs approximately 30 feet in height with 120 square feet of sign area. Each sign is to proposed to identify five tenants. One monument sign is to be located at the northe.3st corner of Highland Avenue and the Piedmont Drive realignment. The other monument sign, a chevron design for increased visibility, is to be located at the main entrance to the shopping center on the north side of Highland Avenue, near the termination of Boulder Avenue (Attachment "H-2"l. ~ ~.=,~..= PLAN-I.DI PAGE 10F , ("-to) ...,;;m. OBSERVATIONS CASE UP AGENDA ITEM HEARING DATE PAGE 91-26/VAR 91-16 DA 91-02 8 10-29-91 166 -CITY OF SAN BERN INO PLANNING AND BUILDING SERVICES DEPARTMENT r Pursuant to Development Code Section 19.22.150, Table 22.01, Sign Regulations by Land Use Category, double face center identification monument signs are permitted one per street frontage. Allowable height is 20 feet with 75 square feet of allowable sign area. The sign is to identify the center and may include up to three major tenants. The applicant has indicated that the signs are needed because of the large size of the site and the long frontages along Highland Avenue, and the grade difference between the center and Highland Avenue (Attachment "0-2"), It may be reasonable to assume that the number of major tenants increase with the size of a shopping center. If this assumption is reasonable, then the fact that this shopping center is nearly three times the size of other comparable centers may imply that it has more major tenants than other shopping centers. This center has four major tenants. Restricting the center to the display of only three major tenants on the business identification monument signs may preclude this center from enjoying the same advertising rights of other centers; other centers with three or fewer major tenants can display all of their major tenants on their monument sign(sl, whereas this center must choose which three of the four major tenants it will put on its monument sign, leaving one off the sign. Allowing four major tenants, instead of the three permissible by Code, or the five requested by the applicant may be warranted. As for the height and area of the signs, the frontages along Highland Avenue are long, however, the grade difference of the center should improve sign visibility, offsetting any need for increased height or area. By changing the de~ign of the monument sign to a stucco base matching the center, and the use of channel letters could also help to increase letter size and improve visibility while complying with Development Code standards. Freeway Sign The dDDlicant proposes a freeway monument sign h2 feet in height and with an area of 480 square feet. The sign is to be located next adjacent to the eastern most property line on Pad E (See Attachment "H-2"). The applicant cites center size and grade differences as reasons for needing the larger freeway sign (Attachment "0-2"1. ~ .oil ~~~ PLAN-B.DS PAGE' OF 1 I"<<ll CITY OF SAN BERN~ INO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-26/VAR 91-16 DA.91-02 8 10-29-91 167 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE ""l Pursuant to Developm~nt Code S~ction 19.22.150, Table 22.01, Sign Regulations by Land Use Category, and Development Code Section 19.14.030(6), freeway adjacent signs are permitted a maximum height of 25 feet, with a maximum sign face height of 22 feet. Maximum permissible area is 125 square feet, with a maximum allowable sign panel height of 7 feet. There will be approximately a 14 foot grade difference between Freeway 30 and the base of the sign. Given the grade difference, a freeway sign constructed to Development Code standards with a maximum height of 25 feet, a maximum sign face height of 22 feet, and maximum sign panel height, would put the base of the sign panel 1 foot above freeway grade. Thus, a freeway sign in excess of Development Code standards is not warranted. Trademarks, Logos, Colors, and Letter Styles The applicant is requesting that business tenants with a nationally or regionally recognized name be allowed to use their recognized letter styles (trademarks) and logos on their wall signs. The applicant is also requesting the allowance of 4 letter types (styles) and a palette of 5 colors for all minor tenants. Development Code Section 19.22.040(2)(0) allows maior tenants to accommodate national trademarks or logos on their signs. However, minor tenants are not afforded this privilege by the code. Section 19.22.040/2ICA) permits a maximum of 2 letter types and a palette of 3 colors. The applicant cites the size of the shoppina center and the grade differences as reasons for needing this variance. Howev~r, all new shopping centers must comply with thi~ Development Code Section, regardless of size. Perhaps granting nationally or regionally recognized tenants the privilege of having their logos and trademarks at the center and/or allowing tenants a greater selection of letter types and colors may make tenant spaces in the center easier to lease. The increased numbers of sign colors and styles may prOVide more variety for a large shopping center. However, these reasons are not sufficient for to justify the need of or granting such a variance. ~ ~.I:r~ PL.AN-8.08 PAGE 1 OF , (4-tO) ~..~ CITY OF SAN BERNA INO PLANNING AND BUILDING SERVICES DEPARTMENT CASE 91-02 R lO-2Q-Ql IIiR , OBSERVATIONS DA AGENDA ITEM HEARING DATE PAGE COMMENTS RECEIVED No comments have been received as of the date of preparation of this staff report. CONCLUSION The property is large, consisting of 31.05 acres, with an 1,800 foot frontage along Highland Avenue, a future 620 foot frontage along the Piedmont Drive realignment on the west, and a 720 foot frontage along future Freeway 30. The 17 foot grade difference coupled with the large lineal distance of 300 feet or more between the major, tenant building and Highland will make the major tenant wall signs difficult to see. Retail Spaces 3 and 4 do not have secondary street or parking lot frontage, and are not warranted secondary wall signs. 'The 17 foot grade difference will improve the visibility of any center identification monument signs constructed in conformance with the Devplopment Code, along Highland Avenue. The pad tenant structures are not of sufficient size to warrant a business identification monument sign, and are located adjacent to Highland Avenue where the wall signs permissible by the Development Code should provlde sufflcient visibility. The 14 foot grade difference between future Freeway 30 and the base of the proposed freeway sign does not provlde sufflclent reason for granting a height or area variance for such a sign. A freeway slgn In conformance with the speclfied Development Code Standards will place the base of the sign face 1 foot above freeway gr,lde. The addition of trademarks and logos, a larger color palette and a greater number of type styles for signs may increase the leasabi1ity of tenant spaces in the center, and may increase sign variety, which mayor may not be desirable. However, these do not provide sufficient justification to grant a variance for these items, since they do not preclude the applicant from a property right that other centers may enjoy; all other new centers are subject to the same requirements. .... ~~ PLAN-1.08 PAGE 1 OF 1 {~-ID1 . OBSERVATIONS CASE UP AGENDA ITEM HEARING DATE PAGE 91-2f'i/VIIP. DA 91-02 8 10-29-91 169 q,-,f'i CITY OF SAN BERN~ INO PLANNING AND BUILDING SERVICES DEPARTMENT r- RECOMMENDATION staff recommends that the Planning Commission: 1. Grant the variance requests for the 125 square foot primary wall sign and 125 square foot secondary wall sign for Retail Space No.1, the 125 square foot primary wall signs for Retail space Nos. 3 and 4, the 185 square foot primary wall sign and two 125 square foot secondary wall signs for Retail Space No.7, subject to the attached Findings of Fact (Attachment "B-2"), Conditions of Approval (Attachment "C-2" l. 2. Grant the variance request for additional major tenants on the center identification monument signs, restricting the number of such major tenants on the signs to the four major tenants of the shopping center (Retail 1, 3, 4, and 7), subject to the attached Findings of Fact (Attachment "B-2"), Conditions of Approval (Attachment "C-2"). 3. Deny the variance requests for the increases in height of the center identification monument signs and freeway monument signs, for trademarks and logos for nationally or regionally recognized tenants, and for a palette of 5 colors and 4 more letter types based on the attached Findings of F~ct (Attachment "B-2"). Respectfully submitted, d%Jt.,;-- /4~ L.:lrrlE.' Reed ~i~~lanning Michael R. Finn Associate Planner and Building Services ~.t:.~: t7lId .. ..I PLAN-I.OI p.oe, OF 1 (4-8Ol .. .Jl CASE P 91-26/VAR 91-16 DA 91-02 AGENDA ITEM 8 HEARING DATE 10-29-91 PAGE 170 CITY OF SAN BERNA INO PLANNING AND BUILDING SERVICES DEPARTMENT OBSERV A liONS ~ "'III Attachment Attachment Attachment Attachment Attachment Attachment Att'lchment Attachment Attachment A-2 - Municipal Code and General Plan Conformance B-2 - Findings of Fact C-2 - Conditions of Approval D-2 - Applicant's Response to Findings E-2 - Wall Signs Permitted by Development Code F-2 - Shopping Center Elevations and Sign Placement G-2 - Slqn Elevations, Colors, and Letter Styles H-2 - Site Plan I-2 - Location Map aN ~ ... ......., QJmW.Mn ll.~'- PLAN.8.oe PAGE 1 OF I ('-90) CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT OBSERVATIONS Attachment "A. CASE AGENDA ITEM HEARING DATE PAGE -16 DA 91-02 8 10-~19l , MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Cateqorv Wall Signs Reta tl 1 Primary Secondary Retatl 3 & 4 Primary Secondary Retail. 7 Pr imary Secondary" Logos and Trademarks Letter Types Colors Business Identification Monument Signs Center Identification Monument Signs Height' Area Freeway Monument Sign Height prooosal 125 sq. ft. 125 sq. ft. 125 sq. ft. 75 sq. ft. 185 sq. ft. 75 sq. ft. All Nationally/ Regionally Recognized Tenants 4 Letter Types 5 colors Pad Tenants 4,500+ sq. ft. 28 feet 120 sq. ft. 62 feet with 50 feet max. Sign Face Height Genera 1 Plan Municioal Code 75 sq. ft. N/A 50 sq. ft. N/A 75 sq. ft. N/A 50 sq. ft. N/A 75 sq. ft. N/A 50 sq. ft. N/" Major Tenants N/A Only 2 Letter Types N/A 3 Colors N/A Pad Tenants 5,000+ sq. ft. N/A 20 feet 75 sq. ft. N/A N/A 25 feet with 22 feet mdX. Sign Face Height N/" Area 480 sq. ft. 125 sq. ft. N/A .. Two secondary wall signs are proposed whereas only one secondary wall sign is permitted by the Developm~n~ Code. - l 2 Includes architectural portions above ~iqn f~ce. ~~L.~:.d Pl.AH-8.D8 PAGE, OF 1 (4010) - ~\..i-a'-U,al~u~ i:)- CITY OF SAN BER DINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE FINDINGS OF FACT AGENDA ITEM R HEARING DATE 10-29-91 PAGE 172 r- """"I Wall Sian Area Variance Findinas 1. 2 . ... ~-=== That there are special circumstances applicable to the property, including size, shape, topography, location or surrounding, such that the strict application of this Development Code deprives such property of privileges enioyed by other property in the vicinity and under identical land use district classification, in that the site is large, being comprised of 31.05 acres, with a grade difference of 17 feet between the shopping center and Highland Avenue. The grade difference makes the wall signs of the major tenants difficult to see. As a result of the size of the site, there is over a 300 foot lineal distance between the maior tenant buildings and Highland Avenue making a 75 square foot wall sign difficult to see. That granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land USe district and denied to the property for which the Variance is sought, in that without the variance, the property will not enjoy the same advertising privilege afforded other business in the same vicinity and land use district. 3. That granting the Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located, in that the installation of wall siqns are subiect to the uniform building codes and do not constitute a threat to health, safety, or property values. 4 . That granting the Variance does not constitute a 9pecial privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located, in that other similar shopping centers in the vicinity that are not as large and do not have any grade differences that make it difficult for their wall signs to be seen. '" . That granting the Variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the parcel, in that wall signs are permitted for tenants in the CG-I, Commercial General land use designation. 6. That granting the Variance will not be inconsistent with the Gener,'!l PI,'!n, in th,lt the General Plan does not specify wal '. sign area standards. ..,j PLAN-a.m PAGE 1 OF 1 ('-80) CITY OF SAN BERN DINO PLANNING AND BUILDING SERVICES DEPARTMENT FINDINGS OF FACT CASE 91-26/VAR 91-16 DA 91-02 AGENDA ITEM 8 HEARING DATE 10-29-91 PAGE 173 r 4 . 5. 6 . ... Variance Findinas for Four Identification Monument Sian Maior Tenants on the Center 1. That there are special circumstance~ applicable to the property, including size, shape, topography, location or surrounding, such that the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification, in that the site is large, being comprised of 31.05 acres. Such a large center may be expected to attract more maior tenants than other similar shopping centers. 2. That granting the Variance is necessary for the preservation and enjoyment of,~ subst,~ntial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Variance is sought, in that without the variance, the property will not enjoy the same advertising privilege afforded other business in the same vicinity and land use district, since other smaller centers with 3 or fewer major tenants are able to gain sign exposure for all of their major tenants, whereas this center would not. 3 . That granting the Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located, in that monument signs are subject to uniform building code standards and do not constitute a threat to health, safety or property values. That granting the Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located, In that smaller tenants with three or more maior tenants are able to place all of their maior tenants on the center identification monument sian. That granting the Variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the parcel, in that center identification monument signs including major tenant names are permitted in the CG-l land use designation. That granting the Variance will not be inconsistent with the General Plan, in that the number of tenants allowed on. a center identification monument sign is nnt specified by the General Pl"1n. ~ PlAN-U8 PAGE, OF t (4-00) ~.=..n== - CITY OF SAN BERN DINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE P 9l-26/VAR 91-16 UA ~J.-u.! FINDINGS OF FACT AGENDA ITEM 8 HEARING DATE 10-29-91 PAGE 1 74 r 1. That there are no special circumstances applicable to the property, including size, ~hape, topogrdphy, location or surrounding, such that the strict application of this . Development Code deprives such property of privileges en10yed by other p~npp~ty in the vicinity and under identical land use di~t~ict classification, in that the grade difference improves visibility of monument signs along Highland Avenue, dop~ not hinder the visibility of freeway signs, and has no bearing on whether or not trademarks and logos, or more colors or type styles should be made available to tenants. 2. That granting the Variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Variance is sought, since the grade difference may give monument sign at the center a height and visibility advantage over monument signs at other centers. All other centers are restricted to logos ana trademarks for major tenants only, and a palette of 3 colors and 2 type styles. 3. That granting the Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located, in that the monument signs are subject to the uniform building codes and do not constitute a threat to health, safety, or property values. Logos, trademark~, color~, and letter styles have not effect on public health, safety or welfare. 4. That granting the Variance would constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located, in that additional height advantage would be given the center, and other centers would not be afforded the same privileges of trademarks, logos, and additional color or letter styles. 5. That granting the Variance does not allow a use or activity which is not ntherwisp expressly i'll1thorized by the regulations governing the parcel, in that monument signs, colors and letter styles are permitted in the CG-1 land use designation. Logos and trademarks are permitted for major tenants. 6 . That granting the Variance will not be inconsistent with the General Plan, in that height and area standards for monument signs, or the allowance of logos, trademdrks, colors or letter types specified by the General Plan. ~ &1:.&'= 'ft "l!I PI.AN-8.G1 PAGE' OF 1 (4-10) - Accacrunenc "C CONDITIONS CASE P 91-26/ VAR 91-16 DA 91-02 AGENDA ITEM 8 HEARING DATE 10-29-91 PAGE 175 CITY OF SAN BERNA DINO PLANNING AND BUILDING SERVICES DEPARTMENT l. ---------- C:onstruction shall be in substantial conformance with the plants) approved b)' the Director. Development Review Committee. Planning Commission or Mayor and Common Council. Minor modification to the planCs) shall be subject to approval hv the Director throul1h a minor modification permit process. Anv modification which exceeds 10% of the followine allowable measurable design/site considerations shall require the refi I ing of the oriainal application and a subsequent hearing b)' the appropriate hearina review authority if applicable. 1. On-site circulation and parkina. loading and landscaping; 2. Placement and/or height of walls. fences and structures; 3. Reconfiauration of architectural features. includina colors. and/or modification of finished materials that do not alter or compromise the previously approved theme; and. ... A reduction in density or intensit,. of a development project. 2. Within one year 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. Projects may be built in phases if preapproved bv the review authority. If a project is built in preapproved phases. each sUbsequent phase sha II have one year from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred or the permit/approval shall become null and void. Proj e c t : __V_a:_i_a!_c_e_!~_._.?!_-_1_6__________________.____. Exp i ra t i on Da te: _ .as..~lu'_j),jLv~_1.9.P1II_e_~~_____ Agreement No. 91-02 ..... &::n:..: 0;; ti PLAN-I.OI PAGE t OF , (4-10) Page "1 of 7 CONDITIONS CASE P 91-26/VAR 91-16 DA .~l-U;'! AGENDA ITEM 8 HEARING DATE lU-;'!~-~l PAGE 176 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT __1.:____. The re\'iew authority may, upon application being filed 30 days prior to the expiration date and for good cause. grant one time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 4. In the event that this approval is legallv challenged. the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnifY. and hold harmless the City, its officers. agents and employees from any claim, action or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City mav be required bv a court to pay as a result of such action. but s~ch participation shall not relieve applicant of his or her obligation under this condition. -5_______ No vacant. relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure! s I shall be inaugurated, or no new business commenced as authorized bv this permit until a Certificate of Occupancy has been issued b,' the Department. A temporary Certificate of Occupancy may be issued hv the Department subject to the conditions imposed on the use. provided that a deposit is filed with the Department of Public Works prior to the issuance of the Certificate of Occupancy. The deoosit or security shall guarantee the faithful performance and completion of all terms. conditions and performance standards imposed on the intended use by this permit. "" =:.=..c Prior to the issuance of a Certificate of Occupancy. the landowner shall fi Ie a maintenance agreement or covenant and easement to enter and maintain. subject to the approval of the City Attorney. The agreement or covenant and easement to enter and maintain shall ensure that if the landowner. or subsequent owner(s), fails to maintain the required/installed site improvements, the City will be able to file an appropriate lien(s) against the property in order to accomplish the required maintenance. PlANo&aI PME 1 OF , l)~O'p :" nf 7 ....01 !- ~- CITY OF SAN BERNA INO PLANNING AND BUILDING SERVICES DEPARTMENT CASE UP 91-26/VAP ql-lI; DA 91-02 8 10-29-91 177 CONDITIONS AGENDA ITEM HEARING DATE PAGE , ~ 6. The developer is to sub.it a complete master landscape and irriaation plan (5 copies) for the entire development to the Public Works Department with the required fee for review. The landscape plans will be forwarded to the Parks. Recreation. and Community Services and the Plannina Division for review. (Note: The issuance of a buildina development Permit bv the Department of Plannina and Bui ldina Services does not waive this requirement.) No irading permit(s) will be issued prior to - approval of landscape plans. The landscape and irriaation plans shall comply with the "Procedure and Policy for Landscape and Irriaation" (available from the Parks Department). and comply with all applicable provisions of Chapter 19.28 (Landscapina Standards) of the Development Code effective on the date of approval of this permit. Trees are to be inspected b,' a representative of the Parks Department prior to plantina. (The followina provision is applicable to sinale family homes.) Trees. shrubs and around cover of a type and quality aenerally consistent or compatible with that characterizina sinale family homes shall be provided in the front yard and that portion of the side yards which are visible from the street. All landscaped areas must be provided with an automatic irriaation system adequate to insure their viabi I ity. The landscape and irriaation plans shall be reviewed as outlined above. ~ &\l.:. Cl "1Il. ...,j PUNo&aI PAGE 1 OF 1 (4-10) Page 3 of 7 CITY OF SAN BERNA INO PLANNING AND BUILDING SERVICES DEPARTMENT CASE P 91-26/VAR 91-16 DA 91-02 8 10-29-91 178 CONDITIONS AGENDA ITEM HEARING DATE PAGE I" 7. This per.it or approval is subject to all the appl icable provisions of the Develop.ent Code in effect at the ti.e of approval. This includes Chapter 19.20 - Property Development Standards. and includes: dust and dirt control durina construction and aradina activities; e.ission control of fu.es. vapors. aases and ot her forms of air po 11 ut i on; alare control; exterior 1 iahtina desian and control; noise control; odor control; screenina; sians. off-street parkina and off-street loadina; and. vibration control. Screenina and sian reaulations cOllpliance are i.portant considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equip.ent. or utility transformers. boxes. ducts or .eter cabinets shall be architecturally screened by wall or structural ele.ent. blendina with the buildina desian and include landscapina when on the around. A sian proara. for all new commercial. office and industrial centers of three or .ore tenant spaces shall be approved by the Department prior to the issuance of a Certificate of Occupancy. This require.ent also includes any applicable Land Use District Development Standards for residential. com.ercial and industrial developments reaarding minillu. lot area. .ini.uII lot depth and width. .ini.um setbacks. .axi.u. heiaht. .axillum lot coveraae. etc. This development shall he required to maintain a minimum of standard off-street Darki ng spaces as sh';;;-o-n-the approved planls) on file. ... &ll.l:.'='=== ...,j PiNI-&IlI P_ 1 OF 1 (..00) Pal!e 5 of 7 Attacnment "D-2" o o Variance findings for the size and number of wall signs at the Highland Avenue Plaza, San Bernardino A. There are exceptional or extraordinary circumstances and conditions that apply to the property, which do not apply to other properties in the same zoning district and neighborhood in that the property is larger than any other property in the same zoning district by about 3000/0 consisting of 31.73 acres, with a frontage on Highland Avenue of aprox. 1800 feet, aprox. 620 feet on the new road to the west of the site and aprox. 720 feet on the new proposed freeway. the difference in the elevations of Highland Avenue, and the distance of the retail shops to the road will make visibility of the wall signs of the major tenants difficult. B. The granting of this variance is necessary for the preservation and enjoyment of a substantial property right of the applicant in that without this variance, the property will not enjoy the same advertising privilege afforded other businesses in the same land use district. C. The granting of this variance will not be materially detrimental to the public welfare or injurious to property and improvements in the zoning district and neighborhood in that structurally sound pylon signs do not constitute a threat to the health, safety, or property values. D. The granting of this variance will not be contrary to the objectives of the general plan in that the General Plan defers to the Municipal Code concerning requisite sign standards. 6618 Federal 80ulpvard . Lemon Grove. California 91945. 16191 286.SIGN 174461 FAX ~ 16191286.7498 - o o TR' AL V All tNG.INC Variance Findings for the size, number and height . of the pylon -signs at the Highland Avenue Plaza San Bernardino, California A. There are exceptional or extraordinary circumstances and conditions that apply to the property, which do not apply to other properties in the same zoning district and neighborhood in that the property is larger than any other property in the same zoning district by about 300% consisting of 31.73 acres, with a frontage on Highland Avenue of aprox. 1800 feet, aprox. 620 feet on the new road to the west of the site and aprox. 720 feet on the new proposed freeway. the difference in the elevations of Highland Avenue, the freeway and the retail buildings will make it difficult for the pylon signs to be seen both from Highland Avenue and .the freeway. B. The granting of this variance is necessary for the preservation and enjoyment of a substantial property right of the applicant in that without this variance, the property will not enjoy the same advertising privilege afforded other businesses in the same land use district. C. The granting of this variance will not be materially detrimental to the public welfare or injurious to property and improvements in the zoning district and neighborhood in that structurally sound pylon signs do not constitute a threat to the health, safety, or property values. D. The granting of this variance will not be contrary to the objectives of the general plan in that the General Plan defers to the Municipal Code concerning requisite sign standards. 6618 Federal80ulpvard . Lemon Grove. California 91945. (619) 286-SIGN 174461 FAX # (619) 286-7498 o o Variance Findings for the allowance of logos and additional letter styles for businesses with a nationally or regionally recognized name at the Highland Avenue Plaza, San Bernardino, California A. There are exceptional or extraordinary circumstances and conditions that apply to the property, which do not apply to other properties in the same zoning district and neighborhood in that the property is larger than any other property in the same zoning district by about 300% consisting of 31.73 acres, with a frontage on Highland Avenue of aprox. 1800 feet, aprox. 620 feet on the new road to the west of the site and aprox. 720 feet on the new proposed freeway. the difference in the elevations of Highland Avenue, the freeway and the retail buildings will make visibility of the site difficult. B. The granting of this variance is necessary for the preservation and enjoyment of a substantial property right of the applicant in that without this variance, the property will not enjoy the same advertising privilege or the ability to lease space to businesses with a national or regional sign program afforded other businesses in the same land use district. C. The granting of this variance will not be materially detrimental to the public welfare or injurious to property and improvements in the zoning district and neighborhood in that structurally sound pylon signs do not constitute a threat to the health, safety, or property values. D. The granting of this variance will not be contrary to the objectives of the general plan in that the General Plan defers to the Municipal Code concerning requisite sign standards. 6618 Federal Boul"vard . Lemon Grove. California 91945. 161912B6-SIGN 174461 FAX # 16191286-7498 '!!m9.m. Retail 1 Primary Secondary Reta il 3 Primary Secondary Retail 4 Primary Secondary Reta il 7 Primary Secondary o o Area ProDosed 125 square feet 125 square feet 125 square feet 7S square feet 125 square feet 75 square feet 185 square feet 75 square feet Note: The applicant has requested a second secondary wall sign for a total of three wall signs where only two are permitted. ATTACHMENT "E-2" Wall Signs Linpal Frnnt,'1ae Dev. 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CITY OF SAN BERNARDINcO..ANNING AND BUILDING SERVICES DEPARTMENT CASE o AGENDA ITEM' LOCA liON CUP 91-26/VAR 91- DA 91-02 HEARING DATE 10-29-91 8 I(lA-1 61ft. ...... o .. lll:oll:.ll: 11 PLANoI.l1 PAGE, OF , I'" r\ t""\ - 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: , VARIANCE NO. 91-16 )LJ PROPERTY LOCATION: Subject property is an irregularly-shaped parcel of land consisting of about 31 acres having a frontage of about 2,396 feet on the north side of Highland Avenue, west of State Highway 330 and being located about 400 feet east of the centerline of Oenair Avenue. PROPOSAL: The applicant requests approval of a Variance Exception of Code Sections, 19.22.150, 19.22.040(2) (D) to allow wall signs for major tenants in excess of the allowable area and number, free-standing signs in excess of the allowable height, logos and trademarks for nationally and regionally recognized tenants, and a larger palette of sign colors and letter types than allowed by code. PUBLIC HEARING LOCATION: SAN BERNARDINO CITY HALL COUNCIL CHAMBERS 300 NORTH '0' STREET SAN BERNARDINO, CA 92418 HEARING DATE AND TIME: l10nday, December 2, 1991 2:00 p.m .............................on........................SIrvaI C _ a.._4.CiIyoHIII..,...,..____........IIlIOuI_DrOIIOUlonor.... puDIIC...... __.....,................ s.mc. r UI.... '" person or _ .....17,.. 311-saI7. The.,.... ec..-. CaIftiI.,..-. your Ii- --'you......... IO......'OUIMY.......-........ In__ 01 or lftOllPOlClDf'llOlfteP'ODOll' to thII PWwwlg.........s.r... Cl;l. L._4. .............ecy..... 3OONorItl "0* snaSln~.~_I'. a.c-.OftN....... ComlMIIan ...... CDnCIIftWII DulIding mow'IOI. Con- dIIIOIIIIUM PermIIs. ....,... Of PtanI. T..... Trc .... IN v....... unIeU .........m....,...sCommon eo-oI. ~1O"'w.yor...Common CouncIl mull....... '"..... .......;r-..- or IN -._...... belUDmlfted 10 IN CIty Clerk""" IN....,.. 1M WlltIIn l-.n oars Of IN 0KIII0fl (Ie" days tor PIfClil....... T.,..,. TrIICI....l. Gerw-' PIM A.._4._'~'" 110.._41._._10 IhIIIIw'ICIIIII Colle WlllIUtOmaII" QItp De......1O N ~ ifill Common CounoIlarllnll ac:DDn. .,ouCft8llenge...,.....8CIlOftot...Ma,or ...eommonCourDlftClU't. you mey.. WftIIedIO'..... onay1ftDM1IIUft you 0I1D'NDftI'" rMed .""JlUDIIC nunng dlllcnDedlft....noea.OI'Ift..,...,_._.a......IONCiIy.......OMIIOn at. orpnor10.... DUtllIC......,.. INtnnrlu:lllHbrntItN "'" atMMa _ _I M _.....1Mfl fft tn.. ___ ...... ~.... 'C ;... ~f-..o1OOC ';E"'''''.....'''OCiy.voCl' .1.,\-1 Pl.AN-t.07 PAye. I OF 1 ,6.:MJl EXHIBIT C