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HomeMy WebLinkAbout55-Planning and Building . CITY OF SAN BEQARDINO - REQUES,()OR COUNCIL ACTION . l ;:n- '. "...c n . ":. -SubjeCtk llitiance 'Q~-':: L~~f) ,... 1_- "'M'a~6r 'and .t;:i;lmmon April 6, 1992 No. 91-16 From: Al Boughey, Director Dept: Planning & Building Services Council ~leeting Dau: March 20, 1992 Synopsis of Previous Council action: On November 4, 1991, the Mayor and Common Council approved the Development Agreement (D.A. 91-02) for the development of the Wal-Mart shopping center by Gatlin-Doerken Development Corporation. On December 2, 1991, the Mayor and Common Council continued the appeal of the Planning Commission denial so staff could meet with the applicant. On January 21, 1992, the Mayor and Common Council continued the appeal of the Variance to enable the applicant to submit an application to amend the Development Code relative to certain changes in sign regulations. Recommended motion: That the Mayor and Common Council continue the hearing to April 20, 1992, to enable Planning Staff to explore the options for a Development Code Amendment relative to freeway signage. ~~ . ature Al Boughey Contact person: Al Boughey Staff Report Phone: 384-5357 Supporting data attached: Ward: 4 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: ....<: "~,,., Am~nrt::l Itp.m Nn 55 CIT\" OF SAN BER~RDINO - REQUEST CPR COUNCIL ACTION . )' STAFF REPORT subject: Variance No. 91-16 Mayor and Common Council Meeting April 6, 1991 REOUEST The request is to allow signage in excess of the permitted number, size, and height; and to allow a sign program with additional colors and type styles, for a shopping center located on the north side of Highland Avenue, at the northerly terminus of Boulder Avenue. 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 six. 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. This approval was based upon the larger size of the center (31.05 acres) in relation to other shopping centers located in 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, and that the granting of these variance requests could constitute a special privilege or advantage not afforded other similar shopping centers in the vicinity or land use district. 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 or Common Council to deny or uphold the appeal of 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. On December 2, 1991, the Mayor and Common Council held a public hearing on the appeal of the Planning Commission denial of the Variance. At that meeting, a discussion ensued regarding the ability of the council to grant the variance request. Following the discussion, the sign section of the Development Code was referred to the Legislative Review Committee, and staff was directed to return to council in 45 days. ,.0264 - - o o . :t Variance No. 91-16 Mayor and Common Council Meeting April 6, 1992 Page 2 On January 21, 1991, the Mayor and Common Council again held a public hearing on the appeal of the Planning commission denial of the Variance. After a brief discussion with staff, the hearing was continued until April 6, 1992 to enable the applicant to submit an application to amend the Development Code relative to the sign regulation relative to large retail centers. On January 30, 1992, the applicant submitted a Development Code Amendment, Development Code Amendment No. 92-02 (D.C.A. 92-02), to establish new sign development criteria for large retail centers. On February 18, 1992, the Planning commission recommended approval of D.C.A. 92-02. ANALYSIS Development Code Amendment No. 92-02 addresses all but one of the remaining variance requests, the freeway pylon sign. Staff has met with Earl Charles of Signtech, the sign contractor for the shopping center and the applicant in an effort to resolve the issues surrounding the freeway pylon sign. It is likely that the issues can be resolved with an amendment to the Development Code relative to freeway signs. To enable staff time to explore a Development Code Amendment to address the freeway sign development standards for large retail centers, more time is needed. Staff has discussed the need for the additional time with the applicant. The applicant is not opposed to continuing the variance request to the Mayor and Common Council meeting of April 20, 1992. CONCLUSION The variance request was continued to enable the applicant to submit a Development Code Amendment relative to the sign development criteria for large retail centers. All of the variance requests with the exception of the freeway pylon sign have been addressed by D. C.A. 92-02. In order to properly explore a Development Code Amendment relative to the development criteria for freeway signs, more time is needed. OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL 1. Deny the variance; or 2. Continue the hearing and direct staff to explore the Development Code Amendment options pertaining to freeway signage and report back to Council with a recommendation. o o , )' Variance No. 91-16 Mayor and Common Council Meeting April 6, 1992 Page 3 RECOMMENDED MOTION That the Mayor and Common Council continue the hearing to April 20, 1992, to enable Planning staff to explore the options for a Development Code Amendment relative to freeway signage. Prepared by: Michael R. Finn, Associate Planner for Al Boughey, Director Planning and Building Services