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HomeMy WebLinkAbout37-Planning and Building CITY OF SAN BEOiARDINO - REQUESCtFOR COUNCIL ACTION From: Al Boughey, Director Subject: Appeal of Planning Commission denial of Conditional Use Permit No. 91-39 Dept: Planning and Building Services Date: April 23, 1992 Mayor and Common Council Meeting May 4, 1992 Synopsis of Previous Council action: On December 2, 1991, this item was continued to the Mayor and Common Council hearing of January 6, 1992. On January 6, 1992, this item was continued to the Mayor and Common Council hearing of February 3, 1992. On February 3, 1992, this item was continued to the Mayor and Common Council hearing of March 2, 1992. On March 2, 1992, this item was continued to the Mayor and Common Council hearing of April 6, l~ On April 6, 1992, this item was continued to the Mayor and Common Council hearing of April 20,1~ On April 20, 1992, this item was continued to the Mayor and Common Council hearing of May 4, 19~ Recommended motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and deny Conditional Use Permit No. 91-39 based on the Findings of Fact contained in Exhibit D; or That the hearing be closed and that the Mayor and Common Council approve Conditional Use Permit No. 91-39 in concept and refer the matter back to staff to develop positive Findings of Fact. (- I ~i l t" fr,l!'_,(~ \ __ 'j;.--s1gnature Al _OUlt~\ ______ Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report Ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source: IAcct. No.l IAcct. Descriotion) Finance: Council Notes: Allenda Item No.37 CITY 'OF SAN BE~RDINO - REQUESTOOR COUNCIL ACTION STAFF REPORT Subject: Appeal of the Planning commission denial of Conditional Use permit No. 91-39, requesting approval to construct a billboard on the same site that a billboard was removed to facilitate the construction of a retail center. Mayor and Common Council Meeting of May 4, 1992 REOUEST The applicant, Gannet outdoor Co., Inc., is appealing the denial of Conditional Use Permit No. 91-39 by the Planning Commission. Under the authority of Development Code section 19.22.080(1), the appellant requests that the Mayor and Common Council approve a conditional use permit to construct a billboard on the same site that a billboard was removed to facilitate the construction of a retail commercial center. The subject property is located on the west side of the 700 south block of "E" street, across from the Orange Show Fairgrounds. The 2.4 acre site is currently under construction for the development of the "silo" retail shopping center. The site is located within the CG-1, General commercial, land use zoning district. BACKGROUND On October 3, 1967, the City issued a building permit to Pacific outdoor advertising to construct a billboard on the subject property. On March 7, 1991 Review of Plans No. 90-42 was approved to construct a 35,000 square foot retail shopping center. The site plan, as submitted to and approved by the Development Review Committee, displaced an existing billboard by proposing a building pad in its location. Shortly after the approval of Review of Plans No. 90-42, building permits were issued, construction commenced and the billboard was removed. On July 19, 1991, Gannet outdoor Co., Inc. submitted the application for Conditional Use Permit No. 91- 39, requesting to relocate the sign on the subject property. On October 29, 1991, the Planning commission held a properly noticed public hearing on Conditional Use Permit No. 91-39. The hearing consisted entirely of a presentation of Staff's analysis and recommendation: no other persons were present to speak in favor or in opposition to the proposal. Staff's discussion primarily focussed on the finding that the proposal is out of scale and incompatible with the commercial development on the property, as well as with the commercial development occurring in the ..,,,,.n71Fi4 " 'f o o Conditional Use permit No. 91-39 Appeal of Planning commission's Denial Mayor and Common Council Meeting of May 4, 1992 Paae 2 surrounding area. staff stated that the height and size of the proposed billboard, 59 feet overall height and 672 square feet in area, is a design appropriate only for high speed, limited access highways, and is thus out of place on a city street, such as "E" street. Staff added that the sign, as 'proposed, will add to the visual congestion in the vicinity created by the large number of nonconforming and abandoned pole signs. Based on the discussion and in agreement with the staff recommendation, a motion for denial was made and seconded by a unanimous vote of the six attending Commissioners (Exhibit B). On October 30, 1991, Ron Cipriani of Gannet Outdoor Advertising contacted Staff and explained that a pressing commitment prevented him from attending the hearing. He explained that he attempted to contact the Planning Division on October 29 at approximately 4:45 p.m. to inquire about the possibility of a continuance, but the phones were not being answered. Phones would not be answered at that time of day because city Hall business hours end at 4:30 p.m. Mr. cipriani stated that it was his full intention to be present at the planning commission hearing to go on record as actively supporting his employers' interests. On November 6, 1991, the applicant, Gannet Outdoor Co., Inc., submitted an appeal of the planning commission's denial of conditional Use permit No. 91-39 (Exhibit A). The appeal of Conditional Use Permit No. 91-39 was originally scheduled to be heard by the Mayor and Common Council on December 2, 1991. At the appellant's request, the item was continued to January 6, 1992. At the request of the Mayor, the hearing of the appeal was continued to February 3, 1992, and staff was directed to pursue negotiations with the appellant for the removal of two billboards elsewhere in the City in exchange for the requested on-site replacement. Staff's original understanding was that the appellant was of~ering the removal of a billboard located on the south side of Fifth street, adjacent to the Platt Building, as well as another located on the site of a surface mining operation at the south side of Fourth street, east of Rancho Avenue. A concern of staff prior to negotiating with the billboard company was that a replacement billboard on the subject property should be reduced in height and area from what was originally proposed (59 feet overall height, 672 square feet of sign area). simply removing the other two billboards as an exchange is not viewed as adequate mitigation against the impact of a full-sized replacement on the subject property (see Exhibit 0, pp. 3-4). However, when staff -~_.,~~ ,. l o o Conditional Use Permit No. 91-39 Appeal of Planning commission's Denial Mayor and Common Council Meeting of May 4, 1992 Paae 3 contacted Roberta Sponsler of Gannet outdoor Co. to discuss the issue, Ms. sponsler indicated that a reduction in the size of the billboard is not acceptable because a smaller sized billboard will not generate adequate revenue. Hence, no compromise was reached. The item was heard by the Mayor and Common Council on February 3, 1992 and was continued to February 17, 1992 with direction that staff negotiate further with the appellant and provide visual data on the signs offered by the appellant for removal. After the February 3, 1992 Council meeting, staff conferred with Ron Cipriani of Gannet, who indicated that staff's original understanding of the billboards offered for removal was incorrect. The actual locations of the two signs offered are as follows: the northeast corner of Arrowhead Avenue and Hilda Avenue, near the City yards; and a City-owned parcel east of the 4th and 5th Street junction. The billboard at the northeast corner of Arrowhead and Hilda was allegedly removed on January 16, 1992 (see copy of work order, Exhibit E), so staff was unable to provide photographic support. On February 17, 1992, the item was continued to March 2, 1992 at the request of the appellant and staff, On March 2, 1992, the item was continued, at staff's request, to April 6, 1992, to allow negotiations with the appellant to proceed. On March 24, 1992, Planning and City Attorney staff met with Mr. cipriani. and discussed the possibility of removing the Platt Building sign and lowering the height of the proposed sign (in addition to removing the sign at the 4th/5th Street junction) in exchange for approving the installation of the proposed sign. Staff and Mr. Cipriani mutually agreed to request a continuance from April 6, 1992 to April 20, 1992, so that Mr. Cipriani could confer with his staff to determine whether Gannet would agree to accept these two additional conditions. On April 1, 1992, Mr. Cipriani contacted staff with the following responses: 1. Gannett will not agree to remove the Platt Building billboard without monetary compensation. 2. Gannett will not agree to lower the height of the proposed sign because existing signs to the north and south of the subject property would obscure visibility. It should be noted that both the Platt Building sign and the 4th/5th street sign are single-sided signs, whereas the proposed Yll -I. ilIlIJ . 't o o Conditional Use permit No. 91-39 Appeal of Planning Commission's Denial Mayor and Common Council Meeting of May 4, 1992 Paae 4 billboard on South "E" Street is a double-sided sign. If this Conditional Use permit is approved, staff believes that both existing billboards should be removed, in addition to reducing the height and area of the replacement billboard. As indicated previously in this staff report, the appellant has stated that the size proposed for the new billboard is not negotiable. Please refer to the table in Exhibit F for a comparison of the conditions of approval proposed by the appellant with those proposed by staff. Based on the context of the respective surrounding areas, it is the conclusion of staff that a double-sided billboard at the proposed location would be a greater detriment than the retention of the existing single-sided sign at the 4th/5th Street junction without further mitigating factors. On April 20, 1992, the Mayor and Common council continued the item to May 4, 1992. OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL The Mayor and Common Council May deny the appeal and deny Conditional Use Permit No. 91-39. OR The Mayor and Common Council may continue the item, uphold the appeal, approve Conditional Use permit No. 91-39 in concept and direct Staff to prepare findings. RECOMMENDATION It is the recommendation of Staff that the Mayor and Common council deny the appeal and deny conditional Use Permit No. 91-39 based on the Findings of Fact contained in Exhibit D. Prepared by: Gregory S. Gubman Assistant Planner for A1 Boughey, AICP Director of Planning and Building Services D - Letter of Appeal Statement of Planning Commission Action Official Notice of Public Hearing before the Mayor and Common council Staff Report to the Planning Commission dated October 29, 1991 copy of Gannet work order indicating removal date of billboard located at the northeast corner of Arrowhead and Hilda Avenues Exhibits: A - B - C - E -