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Home My WebLink About57-Planning and Building CITY OF SAN BEQARDINO - REQUESGOR COUNCIL ACTIO~ . From: Al Boughey, Director Dept: Planning & Building Services Da~: March 19, 1992 . Appeal of Planning Commission's Su~~: denial of Variance No. 91-14 Mayor and Common Council Meeting April 6, 1992 Synopsis of Previous Council action: On February 4, 1992 the Planning Commission denied Variance No. 91-14 based upon the Findings of Fact. Recommended motion: Staff recommends that the Mayor and Common Council uphold the Planning Commission denial of Variance No. 91-14. Al B Contact person: Al Bouahev Phone: 384-5357 Supporting data attached: Staff Reoort Ward: 7 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No,) (Acct. DescriDtionl Finance: Council Notes: .dn.anrl~ I"Dorn 1\1" 51 CITY OF SAN' BE~RDINO - REQUEST OOR COUNCIL ACTION ) STAFF REPORT Subject: Appeal of Planning commission's Denial of Variance No. 91-14 Mayor and Common Council Meeting of April 6, 1992 REOUEST The applicant is appealing the denial of Variance No. 91-14 by the flanning Commission. The applicant requests that the Mayor and Common Council reconsider the matter and approval Variance No. 91-14. BACKGROUND Variance No. 91-14 is a request to allow a freeway identification siqn for an existing service station with mini-market without direct freeway frontage and which exceeds the maximum allowable height and face area, as permitted in the CN, Commercial Neighborhood, General Plan land use designation and Freeway Corridor OVerlay Districts. The subject site is a .45 acre parcel located on the east side of Del Rosa Avenue approximately 180 feet north of the 30 Freeway and further identified as 2885 North Del Rosa Avenue. The Variance request was denied by the Planning Commission on February 4, 1992 by a 6 to 0 vote based on the Findings of Fact in the PC staff report (see, Attachement "C"). The proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 (E), Class 3 exemption. The conclusions of the February 4, 1992 staff report to the Planning Commission (Exhibit "C") were: 1) the combined factors of the elevated freeway and heavily landscaped tree screening does give credence to the applicant's sign variance request; 2) however, current Development Code Sign Standards require properties to have direct freeway frontage for such freeway identification signs 3) the applicant's requested additional sign height and face area exceed the maximum allowable for freeway identification signs in CN, Commercial Neighborhood, land use and Freeway Corridor Overlay Districts; and 4) the service station's existing monument sign contains the State required gasoline price noticing and so an additional price sign is not required. 15.0264 ~ - o o . ) Appeal of Variance No. 91-14 Mayor and Common Council Meeting of April 6, 1992 Page 2 OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL The Mayor and Council (MCC) may deny the a?peal and deny Variance No. 91-14 !:lased on the Findings of Fact. Or the MCC may uphold the appeal the appeal and approve Variance No. 91-14 in concept and refer it !:lack to staff for preparation of Findings of Fact and Conditions of Approval. RECOMMENDATION Staff recommends that the Mayor and Common Council uphold the Planning Commission denial of Variance No. 91-14. Prepared !:ly: Paul G. Scroggs Assistant Planner for Al Boughey, Director Planning and Building Services Exhil:lits: A - Letter of Appeal to Mayor and Common Council B - Statement of Official Planning Commission Action C - Fel:lruary 4, 1992 Planning Commission Staff Report pqs VAR91-14 SFRAPP/MCC . " ) o c - o(~ Ii Donco & Sons, Inc. (714) 771-5730 TELEFAX(714) 997-4769 725 N. Cypress Orange. CA 92667 P.O. Box 2103 Yorba Linda. CA 92686 February 14, 1992 --'" \_. '. ;-..~\ ',~,,,,,,:, _' ,~ " " ~,1 ;.\ \~ - 0.0. ..' ." ........, :".;' f.~""'zl. \ ~ ,~. r:'3', ,.~~~.~/~L~:~;5:;i~~~; z. - \:.--- City of San Bernardino 300 North "D" Street San Bernardino, CA 924is Re: Variance ~o. 91-14 Attn: Paul Scroggs On February 4, variance number 91-14 was denied by the San Bernardino Planning Commission. At this time we would respectfully request an opportunity to .l.ppeal the decision of the Planning Commission to the City CounciL It is our firm belief that the city development code adopted in June of 1991, which precludes thia facility from installing the sign requested p,1ts the facility in an extremely unfair disadvantage with its direct competitors. We feel we are being unfairly denied a substantial property right which is currently being enjoyed bi similar businesses currently operating in the same vicinity and land uae district. We are prepared to demonstrate to the City Council that we do in fact meet all of the necessary findings of fact required to justify consideration of this proposal. JWB/mjm SIGNS, ELECTRICAL' SERVICE STATION INSTALLATIONS STATE CONTRACTORS WC. _C1Q-C45-C81 435816 .1- .. / Oc - . Q:--.. . ..... .~ :. . ) ... -~. -; '. city of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Variance No. 91-14 Appli~ant: Danca and Sons, Inc. owner: Fei Lyons Investment Meetinq Date: February 4, 1992 X Denied based Upon Findings of Fact (Attachment B). :mn Ayes: Nays: Abstain: Absent: Cole, Jordan, Lindseth, Romero, Stone, Valles None None Clemensen, Lopez, Ortega I, hereby, certify that this stat_ent of Official Action accurately reflects the final determination of the Planning commi::W~~ ~. ~~;1 f11e Al Bouahev. D1re~or of Plann1na , Buildina Services Name and Title cc: Project Property owner Project Applicant Building Division ;mqineering Division r/CasePile PCAGENDA: PCACTION Attachment "B" - -. ) CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD 5 2-4-92 7 ~r-- APPUCANT: Donco to Sons ~ Inc. P.O. Box 210 ILl Yorba Linda, CA 92686 U) < VARIANCE NO. 91-14 OWNER: Fei Lyons Investment 0 94 Greenmoor '-..-/ Irvine, CA 92714 ,.........., r The applicant requests approval of a variance of Code Section m 19.22.150 to allow a freeway identification sign for an exist- ing service station with mini-market without direct freeway frontage aud which exceeds the maximwu height and face area ::l permitted in Commercial Neighborhood land use and Freeway 0 ILl Corridor OVerlay Districts. a: - The subject site is an irregularly-shaped .45 acre parcel <( oIJ located on the east side of Del Rosa Avenue approximately a: 180 feet north of the "Cross-Town" 30 Freeway and further < identified as 2885 North Del Rosa Avenue. r EXISTING GENERAL PLAN PROPERTY LANO USE 70NING DESIGNATION Subject Commercial CN Commercial Neighborhocd North Flood Cont=ol!Vacant PFC!CN Public Flood Control! Commercial Neighborhocd South Commercial CN Commercial Neighborhocd East Flood Control PFC Public Flood Control "lest Commercial CN Commercial Neighborhoc r DYES ( FL09D HAZARD KkYES KkZONE A )( ) GEOlOGIC I SEISMIC SEWERS: ibcYES HAZARD Z::INE: DNO DNa ZONE: 0 NO 0 ZONE B ( HIGH FIRE DYES ( AIRPORT NOISE! 0 YES ) ( REDEVELOPMENT DYES HAZARD ZONE: XX NO CRASH ZONE: PROJECT AREA: XlQ NO lPfHo - - " ... o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL < APPUCABLE EFFECT" WITH 0 MlnGAnNG MEASURES - !ZU) NO E.IA !C 0 CONDITIONS ILl" c6CI EXEMPT 11.0 ::EZ o E.I.R REQUIRED BUT NO II.Z U DENIAL Z- SIGNIFICANT EFFECTS <ILl 00 WITH M1nGATlNG . ~::E a:iE MEASURES U)::E 0 CONTINUANCE TO -II. 0 > o NO SIGNIFICANT o SICNIFlCANT EFFECTS Z frl ILl EFFECTS SEe ATTACHED E.R.C. MtNlJTES 0 '\. ./ \.. - Gn:.A:T~ ............. __.OF, (44ClI A;::tachment "e" - - - 1 ~. ~ , CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR 91-14 5 2-4-92 2 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE ., REOUEST The applicant requests approval of two Variances to allow a 50 foot high freeway iaentification sign ana a secona gas price sign for a total 145 square foot face area (both signs) for a site without airectfreeway frontage (see, Attachments "c" ana "E"). The reyuest~a signs exceea by 25 feee the maximum permitted 25 foot height and by 20 square feet the maximum allowed sign face area for freeway identification signs where permitted under city Development Code, Section 19.22.150. The freeway identification and gasoline price signs are for an existing service station and mini-market, previously approved under Conditional Use Permit No. 89-20. SITE LOCATION The subject property is located on an irregularly-shaped parcel consisting of approximately 0.45 acre with a frontage of 111 feet on the east side of Del Rosa Avenue and about 173 feet on the north side of Date street. The site is also located approximately 180 feet north of the Cross-Town preeway and Del Rosa off-ramp and further identified as 2885 North Del Rosa Avenue. The subject property is located in the CN, Co_ercial NeighborhOod, General Plan land use designation as well as within the preeway Corridor (FC) Overlay District (see, Attachments "E" and "P"). MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed 50 foot high and 85 square foot (5xl7) freeway identification sign with a second 60 square-foot (5X12) gasoline price sign are not in conformance with the CN, Co~ercial Neighborhood General land use designation nor the preeway Corridor Overlay District, which, under the City Development Code adopted in June, 1991, allow for this type of signage only for properties having a minimum of 300 foot linear frontage directly adjacent to a freeway artery. The applicant's proposed freeway identification a~d gas sign~ are also not in comformance with the City Development Code's signage requirements that, where permitted, allow a maximum overall installed height of 25 feet and sign face are~ of 125 feet, as shown in Attachment "A". The service station's existing monument sign contains the State required noticing of gaSOline prices so an ac~itional price sign is not required. m.=.... ---- \. ~ PLM-UI PAGE 1 OF 1 l'4Ot r , o~" a CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR 91-14 """'l 5 2-4-92 3 .... OBSERVATIONS AGENDA ITEM HEARING DATE PAGE ... r- '""'III CALIFQRNIA ENVIRONMENTAL OUALITY ACT STATUS The proposed freeway identification and gas price sigll variances are categorically exempt from the California Environmental Quality Act (CEQA) under section 15303, Class 3(e). This exemption allows for the construction of minor accessory structures such as the requested signs. BACKGROUND The applicant's sign variance requests are related to previously' reviewed Conditional Use Permit (CUP) No. 89-20 proposal, for the construction and operation of a service station and mini-market at the 2885 North O~l Rosa Avenue site. CUP No. 89-20 was approved by the Mayor and Common Council on December 18, 1989 following a previous denial by the Planning Commission on November 7, 1989. However, the actual construction of the service station with mini- market was not completed nor did it receive it's Certificate of Occupancy until June 24, 1991. The applicant did not apply for their proposed signage until April 26, 1991, as their construction was nearing completion. At this time, the applicant, with their soon to be opened business and need for obtaining some immediate business site identification, deferred on requesting the freeway identification sign knowing that a Variance for the additioncll height and face area would be required and involve several months of application review time. Prior to the adoption of the June, 1991 new city Development Code, properties such as the subject site, that were located within 400 feet of a freeway artery even without direct frontage, were permitted freeway identification signs. After June, 1991, however, the minimum 300 foot direct frontage requirement came into effect for the allowance of freeway identification signs. Consequently, the applicant now has applied for two variances: to allow the freeway sign itself, and to exceed the maximum permitted sign height and face area. At the Development Review Committee (ORC) meeting of December 19, 1991, the DRC members gave clearance of the requested variances onto the Planning Commission for their final determination on the applicant's sign variance proposals. !.~,. .~ P\.ANoI.GI PaGE 1 OF , (4010) 0.: o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR 91-14 ""l 5 2-4-92 4 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE ANALYSIS The applicants propose to install a freeway identification sign on the southeastern portion of their site that is lccated approx- imately 180 feet north of the Cross-Town Freeway. The proposed 50 foot high pole sign will have a double faced, illuminated area of 85 square feet for the freeway identification sign and a second ga80line price 8ign that will consist of 60 square feet of also illuminated face area (see, Attachment "C"). The applicants are requesting the variances for the installation of the freeway identification sign and additional 25 foot height over the maximum allowable 25 feet of sign height in order to provide freeway visibility for their service station ,,"d mini- market. The subject site's location, although physically within 180 feet of the nearby freeway, is completely obscurred from vehicular sight due to the elevated nature of the traffic artery in this area and the well-established, 50 to 60 foot-high ~rees, consisting of eucalyptus and palm species that provide a heavily landscaped screening along this portion of the Cross-Town Freeway (see, Attachment "0"). In fact, the only signs that are visible along this stretch of freeway are the several other service station identification signs that were approved previously and which all exceed current allowable sign Code height Standards. In this regard, the applicant believes they have lost a substantial portion of their property rights which have been permitted and enjoyed by these other surrounding area and competing service stations, who all have existing and visible freeway signage and yet also do not all have direct freeway frontages. CONCLUSION The combined factors of elevated freeway and heavily landscaped tree screening give credence to the applicant's sign variance requests. However, they do not meet measurable Developmen~ Code Sign Standards petaining to properties having direct freeway adjoining frontages. The applicant's requested additional sign height and face area also exceed the maximum allowed for freeway identification signs, where permitted in the CN, Commercial Neighborhood land use and Freeway Corridor Overlay Districts, without a Planning Commission variance approval. The service station's existing monument sign contains the State required noticing of gasoline prices so an additional price sign is not required. Oft.....~ -~ --... .... fII..AH.aa ~:. ae . OF 1 (4-80) 0-',"" 0" ,... "'I . CITY OF SAN BERNARDINO PLANNING CASE VAR 91-14 AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 5 OBSERV A TIONS Ht:AAING IJA TE 2-4-92 PAGE 5 ..... RECOMMENDATION staff recommends that the Planning Commission: 1. Deny Variance re~est No. 91-14 due to non-consistency with current City Development Code Sign Standards and re~irements applicable within the CN, commercial Neighborhood land use and Freeway Corridor Overlay Districts. Respectfully II)(J . Al ~ney CP, Director Plann n Building services /Z.(2 G.~.... Paul G. Scr09g~O - Assistant Planner Attachments A - Municipal Code and General Plan Conformance B - Findings of Fact C - Proposed Freeway Sign Elevation D - Freeway Photos with Existing Siqnaqe E - Site Plan F - Location Map r...8:. loW -n--m PuN-uI PAGe 10F 1 0- Attachment . CITY OF SAN BEHNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR 91-14 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 5 2-4-Q2 6 r- MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE CATEGORY PROPOSAL MUNICIPAL CODE GENERAL PLAN Permitted Use Freeway Sign Permitted, with Permitted, with Variance PC Approval PC Approval Sign Height 50 Feet OIA 25 Feet OIA NIA Maximum Sign Area 85 SQ. Ft. 125 SQ. Ft. NIA (5x17) Maximum w/Price Sign 60 SQ. Ft. State Stds. NIA (5X12) Approval ot Variance. by Planning Commi..ion required tor proposed freeway identification sign and requested height. l.. m&,.... ........... '_'OF' _ .-- 0"', Attachment "B" a' · CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR 91-:14 5 2-4-92 7 FINDINGS OF FACT AGENDA ITEM _ HEARING DATE PAGE FINDINGS .:IF FACT - 19.72.050 - VARIANCE NO. 91-14 1. There are special circumstances applicable to the subject property, in that the requested freeway identification sign is necessary for business visibility obscurred by the elevated freeway and existing, heavily landscaped tree screening that the strict application of th Development Code would deny to the applicant and as enjoyed by other commercial properties with previously approved freeway signage within the vicinity and under the same or similar land use designations; 2. The granting of the Variance is necessary for the preservation and enjoyment of a substantial right possessed by the other properties in the vicinity and land use district and denied to the subject property for which this Variance is sought in that the majority of surrounding developed commercial properties have existing freeway signs of a size and height that exceed allowable maximums under current Development Code Sign Standards and larger than presently requested by the applicant; 3. The granting of 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 CN, Commercial Neighborhood, General land use designation allows for freeway identification signs if the parcel has direct freeway frontage or as otherwise permitted by the submittal and approval of a Variance request, and, as seen by previously approved existing surrounding commercial freeway identification signage; 4. The granting of this Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which the subject property is located in that surrounding areas are similarily designated CN, commercial Neighborhood or CG-l, Commercial General that allow freeway signage with appropriate application submittals, review and approvals; 5. The granting of this Variance does allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel in that Commercial Neighborhood, land use and Freeway Corridor Overlay Districts restrict freeway identification signs to properties having direct freeway frontages only and, where permitted, also set specific height and face area limitations for such signage, as defined in Chapter 19.22 of the city Developmemnt .Code; P\NIoI.Il6 PAGE t OF I 140llCll m&....~ o o , . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT """"l CASE VAR 91-14 FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE 5 2-4-92 8 .. ~ FINDINGS OF FACT - 19.72.050 - VARIANCE NO. 91-14 (CONTINUED) 6. The granting of this Variance is not consistent with the General Plan in that freeway indentifiation signs are permitted in the CN, Commercial Neighborhood land use and Freeway Corridor Overlay District only for those properties having direct freeway frontage as well as meeting specific height and face area requirements, or as a submitted Variance request, subject to the approval of the Planning Commission. .. W. 01 ~~~~~a ......... PN3E' OF I _ ~ ~ i~ .. r ~~ :!. .:0 : ~ I ~, , lhj.:. .". ~.,., ........ ........ 0 ".....,.;..:~t,t;~~hlJll!~t.~c~ . _ :.t" .~::.?;;i'~~ ~i..": 4-..;r.l.;: . -!::.. .: -'.~' _~~ - .,:a' - ..-;.~ " "'c_.~i!-.. ,.:' .' :';,' ". .1.-: . ',,;' ~,.,!o.l ..:,::~ '.. .' .:" '. ....: . , .1';,: ...I~'.'" ..t:..~ ".~.~'~ ....t:....... !-..;~.t.. . .t'. ........... ,....,..... ..~;.k;I..''':'_ :;YJ. \. ...~lio... ,.. ~ .~. :0- !:,.... .:.~~.3'...:\:..:-:"~... 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'I' I- Ii ~~ II .:: I ~ f , New am/pm Faclllt) v .. :.. _I ~I~I II"'I~. & IAN &IYAII!I . .I.~I!'..I~~. .~.,..~.. . . .. . A.. " AReO Products Company ~~ . R"all MafkeUne . De-;;: & e"ga_nAg J p- 1055 w... S...nth $L ~ .' P.O. 80. 2570. Loa Aft'..... CA 1005100570 'I r \. l~.. :.~.t:'. . .. . i: t.~........: ..t..,...~,:..-,_:._.. . ,". : ~ '. .0.: .' . _ -~. ..... Shell Freeway Sign 75 ft. 'high 256 sq. ft. face 76 Union Freeway Sign 80 ft. high 192 sq. ft. face Mobil Freeway Sign 80 ft. high 152 sq. ft. face VAR 91-14 0.- Attachment "0- o I.., . t;i" r- ~.,1 '.' . ",.::.:." --... .:", '" .:... ~ !.~:: -.... ""'..~ ..: ;0:<; o' Shell Station west side of Del Rosa immediate north of Freeway 76 Union Station east side of Del Rosa immediate south of Freeway Mobil Station west s1de of Del Rosa i1lllllediate south of Freeway 0.-.. VAR 9 -14 o~. ~__i ~. ---. ~_.. .. ~~ ~ ..-" ~'--~.. ._-::_~~:-3"-:~' :-...-::;" -~. ==--_..~- ;--- -- _.~ ~ f:l, j ~ ~' ~ :;!<; '" ,. - .. ~ J r- ' J (l II F. %1 1tI 0 'I ~~~ I I ~ ~ /, I -I I '. ~ ~, ~~2'1 tl~1 ~ -.". . J....._ - I~~I . I~~I : ~ I I I r , I ;-.~. . AttachmElnt"E'jf '\, ,. . ~, ~.t ii~_. o~ '-.: .... ". '.' .'.i' ........ '. . ',. .:- ,. . ,." ;.;" '. . -', ',' .... ..... : ... ... T'~ "-.. I.. rr j .. 'f , ... , . ;I .... . .- i ......... .- l & .- , .- ... , , , ... .. , .. .- , .- I. ;: ,. I . . . .". .". " -' .". , .". '.J''''''' #/If6.... ,,' ;,"'.." ~~~' , ,,"" , , ,,'.... , '" .. .,' , , , .". ( .- , " ':~ AMI'"' --:dI3l! ,.,-..............., --- AReO P'od~!.- Company 4~ ...... .......... . ,,-a E__' , 'OSS__SL ",a._ZSJlt.Loa"_CAlIOIlS'""S70 ~ '. .'. Srri..uN' . ~ Attachment "Fa Q-- ,. 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