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KANE, BALLMER &: BERKMAN
A LAW CO"~O"ATtON
MU~AAV O. '(A"~
BRUCE O. BA:":-MER
GLENN F. WASSER""......
,.,.Aq.JORIE R. I"RIEDL.AI\lDER
R. BRUCE TEFl'P!:R, .JR.
RENEe: L. CAMPBELL
KATHRvN REI"'lANN
PR'NCIPAL.S
354 SOUTH SPRING STREET, SUITE 4Z0
LOS ANGELES. CALIFORNIA 90013
TELEPHONE 12131 617-0480
TELECOPIER (213) 625-0931
ROBERT P. 8ERKMAN
RETIRED
EUGENE B. JACOBS
... ~lItOI"IESSIOH.L. CO"~O.ATION
OF COUNSEL
April 2, 1992
FlAMELA S. SCHMIDT
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YlA MESSENGER
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Mayor and Common Council
city of San Bernardino
300 North "0" Street
San Bernardino, California 92418-0001
Re: Variance Number 91-20,
Appeal Hearinq Date April 6, 1992
Kids "R" Us, 666 South "E" Street,
San Bernardino. calif~rnia
Dear Honorable Mayor and Members of the Common Council:
The purpose of this letter is to urqe you to qrant the
request of Kids R Us for a variance permittinq a siqn of 128 square
feet on the rear wall of its buildinq which faces Inland Center
Drive. We are enclosinq 15 sets of color photoqraphs as part of
our variance application. These color photoqraphs were attached as
Exhibits to the variance application when it was submitted to the
Planninq Commission. Apparently, the Planninq Commission did not
receive copies of the pictures, and accordinqly, we are supplyinq
additional color sets for your review.
The detailed factual and leqal basis for this request is
set forth in the variance application filed by Kids R Us and in the
letter of appeal both of which are attached to the city staff
report under your consideration. Rather than repeatinq those
contentions (which we incorporate into this letter by reference),
we wish to emphasize the importance of this variance to Kids R Us.
As you know, the Kids R Us store sits on a larqe,
irreqular lot. The shape of the lot necessitated a lonq store
front (236 feet). The siqn proqram approved for the site requires
one siqn to be placed at the center of the store front. Due to the
lenqth of the store front, an additional siqn is needed at the
entrance to the store. Thus, due to special circumstances
applicable to this lot, it is necessary for both siqns permitted
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Mayor and Common Council
April 2, 1992
Page 2
under Development Code 19.22.150, Table 022.01, c.3. to be located
on the store front.
staff has agreed that if a sign were to be permitted on
the rear wall, the requested size of 128 feet is reasonable.
Accordingly, the primary issue before this Council is whether Kids
R Us should be permitted to place a third wall sign on its rear
wall which faces Inland Center Drive.
Kids R Us submits that the granting of this variance
would not only be consistent with the standards for granting
variances set forth in the Development Code, but would be of
benefit to the city in several ways. As expressed in various
portions of the General Plan for the City of San Bernardino, an
important objective of the City is to maintain and enhance the area
in which Kids R Us is located as the primary regional retail area
for the City. General Plan Sections 1.15, 1.19, 4.13, 4.13.2,
4.17.2. By providing for the visibility of Kids R Us from Inland
Center Drive, the City would be furthering this important
objective. Thus, the granting of tqis variance would further the
goals of the General Plan. And, of course, by allowing Kids R Us
to be visible from Inland Center Drive, the city will reap the
obvious benefits of additional sales taxes.
Further, granting this variance will put Kids R Us on an
equal footing with nearby stores which are subject to the same sign
program. Exhibits A through I demonstrate that the May Company,
Broadway and Sears have more than 2 signs. These stores are
located within the CR-1 land use category, and are therefore
subject to the same sign restrictions as Kids R Us. Development
Code Section 19.22.150, Table 022.01, c.3. In addition, the nearby
Midas and Ross Stores have more than two signs. ~ Exhibits J
through N. Clearly, the granting of this variance which is
necessary due to the unusual circumstances of this store, will not
confer a special privilege on Kids R Us.
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Mayor and Common Council
April 2, 1992
Page J
In conclusion, we urge you once again to grant this
appeal and allow Kids R Us to place a 128 foot sign on its rear
wall facing Inland Center Drive.
Very truly yours,
KANE, BALLMER & BERKMAN
Id~ {. Y.kwJ;f-
Pamela S. Schmidt
cc: James Brendle