HomeMy WebLinkAbout40-Planning and Building
CITY OF SAN BEIGARDINO - REQUES..oOR COUNCIL ACTION
From: Al Boughey, DirectoJ: - -:' '-.. - . .~
Subject: Appeal of Planning Cqmmission
denial of Variance No. 91-14
Dept:
Planning and Building Services
Mayor and Common Council t1eeting
June 1, 1992
Date:
Synopsis of Previous Council ection:
On May 4, 1992, the Mayor and Common Council continued the appeal for 30
days for additional staff review and meeting with the applicant on
landscaping upgrading issues.
On April 6, 1992, the Mayor and Common Council approved the Variance appeal
in concept and referred to staff for preparation of positive findings of
fact and conditions of approval with landscaping improvement mitigations.
On February 4, 1992, the Planning Commission denied Variance No. 91-14.
Recommended motion:
That the public hearing be closed and the appeal of Variance No. 91-14
be denied based on the Findings of Fact in the Planning Commission staff
report dated February 4, 1992; or
That the public hearing be closed and the appeal of Variance No. 91-14
be upheld, subject to the Findings of Fact (Attachment "A") and Conditions
of Approval (Attachment "B").
Supporting data attached:
Al Boughey
Staff Report
Phone:
384-5357
Contact person:
Ward:
7
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.!
(Acct. DescriDtion)
Finance:
Council Notes:
...o::ftO)#;."
Agenda Item No
40
CtTY OF SAN BERtODINO - REQUEST ~ COUNCIL ACTION
STAFF REPORT
Subject: Appeal of Planning Commission's Denial of
Variance No. 91-14
Kayor and Common council Keeting of
June 1, 1992
REOUEST
The applicant is appealing the denial of Variance No. 91-14 by the
Planning commission on February 4, 1992. The applicant requests
that the Kayor and Common council reconsider the matter and uphold
the appeal and approve Variance No. 91-14.
BACKGROUND
Variance No. 91-14 is a request to allow a freeway identification
sign for an existing service station with mini-market located 180
feet north of the 30 Freeway but without any 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.
Following the the variance request denial by the planning
commission on February 4, 1992, the applicant appealed the Variance
to the Kayor and Common council (KCC) on April 6, 1992, who
approved the request in concept, referring it back to staff for
preparation of positive findings and conditions of approval,
including landscape upgrade mitigations.
On Kay 4, 1992 the KCC continued the item for an additional 30 days
in order for the owner to have time to complete their required
County flood control channel upgrades and meet with staff on the
issues of the subject site's landscape restoration and additional
plant screening provisions of the adjoining County flood control
property.
Findings of Fact to support approval of Variance No. 91-14 and
Conditions of Approval are attached to this staff report (Exhibits
"An and "B"). The conditions of Approval contain provision for the
applicant to provide additional screening through the use of
landscape materials.
7$.0264
o
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Appeal of Variance No. 91-14
Mayor and Common Council
Meeting of June 1, 1992
Page 2
OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL
The Mayor and council (MCe) may deny the appeal and deny Variance
No. 91-14 based on the Findings of Fact. Or the MCC may uphold the
appeal and approve Variance No. 91-14 for which the staff has
prepared positive Findings of Fact and Conditions of Approval
(Exhibits "A" and "B").
RECOMMMENDATION
Staff recommends that the Mayor and Common Council uphold the
Planning commission denial of Variance No. 91-14.
prepared by: Paul G. scroggs
Assistant Planner
for Al Boughey, Director
Planning and Building Services
Exhibits:
A - Findings of Fact (Supports Approval)
B - Conditions of Approval
C - MCC Staff Report (dated March 19, 1992)
Attachments:
A - Letter of Appeal
B - statement of Official PC Action
C - Staff Report to PC (dated February 4, 1992)
pgs
VAR91-14
MCC/STFR2
CITY OF SAN BERNARDINO PLANNING.
AND BUILDING SERVICES DEPARTMENT
CASE VAR 91-14
FINDINGS OF FACT
AGENDA ITEM
HEARING DATE
PAGE
6-1-92
3
.....
~
FINDINGS OF FACT - 19.72.050 - VARIANCE 91-14
1. There are special circumstances applicable to the subject
property, including topography, location and surroundings,
that the strict application of this Development Code deprives
such property of privileges enjoyed by other property in that
the requested freeway identification sign is necessary for
providing business visibility obscurred by the elevated freeway
and existing, heavy tree landscaping that denies the applicant
property privileges enjoyed by other commerical businesses with
previously approved freeway signage within the vicinity and
under 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 CN, Commercial General land use
district and denied to the subject property for which this
Variance is sought in that the majority of developed
surrounding commercial properties have existing freeway ident-
ification signage of a size and height exceeding allowable
maximums of current Development Code sign standards and
exceeding the sign size and height 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 Plan land use designation allows for
freeway identification signs if the parcel has direct freeway
property frontage or as otherwise approved by the Planning
Commission through a Variance request, as submitted by the
applicant and due to the Subject property's close freeway
proximity, being located within 180 feet of the 30 Freeway but
without direct lot frontage:
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-1,
Commercial General that allow freeway signage with appropriate
application submittals, review and approval, including several
other service stations located in near proximity along Del Rosa
Avenue with previously approved large freeway identification
signage;
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Pl..AN-I.08 PAGE10Ft (4-10'1
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
VAR 91-14
FINDINGS OF FACT
AGENDA ITEM
HEARING DATE 6-1-92
PAGE 4
,...
FiNPrNGS OF FACT - 19.72.050 - VARiANCE NO. 91-14 CONTTNUED
5. The qrantinq of this Variance does not allow a use or activity
which is not otherwise expressly authorized by the requlations
qoverninq the subject parcel in that CN, Commercial Neiqhbor-
hood land use desiqnations permit freeway identification siqns
if the property has directly adjoininq frontaqe and meet City
Development Code siqn standards or as otherwise permitted with
an approved Variance request as submitted by the applicant,
6. The qrantinq of this Variance is consistent with the
intent and qoals of the General Plan in that adequate business
visibility is a recoqnized need for all commercial properties
and the subject site's unique locational factors in relation to
the elevated freeway and existinq heavy landscapinq that
larqely obscures the service station property from freeway
traffic is a loss of partial property priveleqes otherwise
enjoyed by other nearby commercial stations with previously
approved freeway identification siqnaqe.
~ ~
Pt.AN-8.D8 PAGE' OF , (4-00)
CITY Cl' ... .....-0
CINlIIM..--. .L1..-..
o Exhibit "B"
o
VAR 91-14
CONDITIONS
CASE
AGENDA ITEM
HEARING DATE
PAGE
....
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
...
=-=~.l
b-1-9~
:>
1.
r.nnstruction shall be in substantial conformance
with the plant s' appro\-ed b,- the Director,
De\'elopment Re\'iew Committee. Planning Commiseion
or Mavor and Common Council, Minor modification to
the planls) shall be subject to approval b,' the
Director through a minor modification permit
process, Anv modification which exceeds 10% of the
following allowable measurable design/site
considerations shall require the refilinll of the
orillinal application and a subsequent hearing b"
the appropriate hearinll review authority if
applicable.
1. On-site circulation and parkinll. loading and
landscapina:
2. Placement and/or heieht of walls. fences and
structures:
3. Reconfilluration of architectural features.
including colors. and/or modification of
finished materials that do not alter or
compromise the previously approved theme: and.
... A reduction in densit\' or intensit,' of a
development project.
2.
~ithin 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 shall
have one year from the pre,'ious phase's date of
construction commencement to the next phase's date
of construction co.mencement to have occurred or
the permit/approval shall become null and void.
Proj e c t ,_____.Yil.!j.il.!l.:~-~2.:-JJ=Jj------------------,-
June 1, 1993
Expiration Date'__________________________________
......... PME 1 OF 1
....
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
VAR 91-14
CONDITIONS
CASE
AGENDA ITEM
HEARING DATE 6-1-92
PAGE 6
~
3.
The re\'iew authorit~' lIa", upon application beinr
filed 30 days prior to the expiration date and for
eood cause. erant one tille extension not to exceed
12 1I0nths, The review authority shall ensure that
the project cOllplies with all current DeveloPllent
Code provisions.
4.
In the event that this approval is leeallv
challenied. the City will prollptlv notify the
applicant of any claill or action and ..ill cooperate
fullY in the defense of the matter. Once notified.
the applicant aerees to defend. indellnifY. and hold
harmless the City. its officers. allents and
ellployees froll any claill. action or proceedine
aeainst the City of San Bernardino. The applicant
further aerees to reillburse the City of any costs
and attorneys' fees which the City lIay be required
bv a court to pa" as a result of such action. but
s~ch particiDation shall not rei ieve aDPI icant of
his or her obliration under this condition.
No vacant. re 1 oca ted. a I tered. reoa i red or
hereafter erected structure shall be occupied or no
change of use of land or structure<sl shall be
inaueurated. or no ne.. business cOllmenced as
authorized bv this permit until a Certificate of
Occupancv has been issued bv the DeDartllent. A
tellporary Certificate of Occupancy mav be issued hv
the Department subject to the conditions illDosed on
the use. provided that a deDosit is filed with the
Department of Public Works prior to the issuance of
the Certificate of Occupancy, The deDosit or
security shall euarantee the faithful performance
and cOllpletion of all terms. conditions and
performance standards imposed on the intended use
by this Derllit.
...
Prior to the issuance of a Certi ficate of
Occupancy. the landowner shall file a maintenance
aereement or covenant and easement to enter and
maintain. subject to the approval of the City
Attornev. The aereement or covenant and easellent
to enter and lIaintain shall ensure that if the
landowner. or subsequent owner(s). fails to
maintain the required/installed site illprovements.
the City will be able to file an apDroDriate
lien(s) against the property in order to accolIDlish
the required lIaintenance.
~..",
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE VAR 91-14
AGENDA ITEM
HEARING DATE
PAGE
...
CONDITIONS
6-1-92
7
-001
5.
This permit or appro~al is subject to thp attaehpd
conditions or requirements of the fnllowlng elt.'-
Departments or Di~lslons:
Fire Department
Parks. Recreation
Services Department
&
enmmunl t,"
Building
Planning
Department
Services Di,"ision
and Building
oft he
Ser,"ices
Police Department
Public Services (Refuse) Department
Pu b lie Ii 0 r ks
Department
( En II i nee r I n g I
Iiater Department
x
All previously incorporated Standard
Requirements of Conditional Use Permit
No. 89-20 approved December 18, 1989.
....
d
P\.NM.GI p_, OF' .....,
6.
This perllit or appro'-al is subject to all the
applicable provisions of the DeveloPllent Code in
effect at the tille of approval. This includes
Chapter 19.20 - Property DeveloPllent Standards. and
includes: dust and dirt control during construction
and grading activities; emission control of fumes.
vapors. gases and other forms of air pollution;
glare control; exterior lighting design and
control; noise control; odor control; screeni ng;
signs. off-street parking and off-street loading;
and. vibration control. Screening and sign
regulations cOllpliance are important considerations
to the developer because they will delay the
issuance of a Certificate of Occupancy until they
are cOllplied with. Any exterior structural
equipment. or utility transformers. boxes. ducts or
meter cabinets shall be architecturally screened by
wall or structural element. blending with the
building design and include landscsping when on the
ground. A sign program for all new cOllmercial.
office and industrial centers of three or more
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.
commercial and industrial developments regarding
lIinillulI lot area. minimum lot depth and width.
lIinillulI setbacks. maximum height. maxillum lot
coveraae, etc.
7.
This development shall b.. required t.o Ilaintain a
minimulI of standard off-street parking
spaces as sh~;;-;~-the appro"ed plan1s) on file.
Applicant to restore all on-site landscaping and
irrigation system as well as providing additional
screening of adjacent County Flood Control property
by use of hedging materials along subject site's
eastern and northern property lines.
ClftCll'''~
P\MoUI .._, OF'
1-
CIT~ OF SAN BEQARDINO - REQUES,Q:OR COUNCIL ACTION
From: Al Boughey, Director
Dept:
Planning and Building Services
Su~~: Appeal of Planning Commission denia
of Variance No. 91-14
Date:
April 23, 1992
Mayor and Common Council Meeting
May 4, 1992
Synopsis of Previous Council action:
The Mayor and Common Council continued the appeal of the Planning
Commission's denial of Variance No. 91-14 for 30 days and directed
staff to research some of the issues.
Recommended motion:
That the appeal of Variance No. 91-14 be continued for 30 days to
the Mayor and Common Council meeting of June 1, 1992, to give staff
and the owner/applicant sufficient time to address the issues
identified by the Mayor and Common Council.
Al
Contact person: Al Bouqhey
Phone:
384-5357
Supporting data attached:
None
Ward:
7
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No,)
(Acct. Descriotion)
Finance:
Council Notes:
Anpnrl~ Itpm Nn 4/
. CIT'y OF SAN BEAARDINO - FlEQUESPFOR COUNCIL ACTION
From: Al Boughey, Director
. Appeal of Planning Commission's
Subject: denial of Variance No. 91-14
Dept: Planning & Building Services
Da~: March 19, 1992
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.
\
"
ature
Al
Contact person:
Al Boughev
Phone:
384-5357
Supporting data attached:
Staff Report
Ward:
7
FUNDING REOUIREMENTS:
Amount:
NIl!>.
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
A'Ulo,......~ 1+0."'" ~I^ 51
CITY OF SAN BE~RDINO - REQUESTOOR 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
l'lanning 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
sign 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.
75-0264
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 aOlpeal and deny Variance
No. 91-14 based 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 back 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 by: Paul G. Scroggs
Assistant Planner
for Al Boughey, Director
Planning and Building Services
Exhibits: A - Letter of Appeal to Mayor and Common Council
B - Statement of Official Planning commission Action
C - February 4, 1992 Planning Commission Staff Report
pqs
VAR91-14
SFRAPP/MCC
o( . 0(,
Ii Donco & Sons, Inc.
(714) 771-5730
TELEFAX(714) 997-4769
725 N. Cypress
Orange, CA 92667
P.O. Box 2103
Vorba Linda. CA 92686
February 14, 1992
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City of San Bernardino
300 ;:.!orth MDM Street
San Bernardino, C.A 924is
Re: Variance ~o. 91-14
Attn: Paul Scroggs
On February 4, variance number 91-14 was denied by the San
Bernardino Planning Lommission. .At this time we ,..ould respectfully
request an opportunity to .3.ppeal the decision of the Planning
Commission to the City CuunciL
It is our firm belief that the city development code adopted in June of
1991, which precludes this facility from installing the sign requested
p~ts the facility in an extremely unfair disadvantage with its direct
competitors.
We feel we are being unfair!:,. denied a substantial property right which
is currently being enjoyed by similar businesses currently operating in
the same vicinity and land use 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.
ReSPectfu~ Yours~
~ "-,,n
~
John W_ Barber
JWB/mjm
SIGNS - ELECTRICAL - SERVICE STATION INSTALLATIONS
STATE CO:-lTRACTORS We. #Cl0-C45-C61 435616
Attachment "A"-
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City of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PROJECT
Number: Variance No. 91-14
,-
Applicant: Donco and Sons, Inc.
OWner: Fei Lyons Investment
Meeting Date: February 4, 1992
X Denied based Upon Findings of Fact (Attachment
B).
VOTE
Ayes:
Nays:
Abstain:
Absent:
cole, Jordan, Lindseth, Romero, Stone, Valles
None
None
Clemensen, Lopez, Ortega
:I, hereby, certify that this Statement of Official Action
accurately reflects the final determination of the Planning
commi~~ ~ _!no. :lit! 17!"
Al Bouahev. Dire~or of Plannina & Buildina Services
Name and Title '.
cc: Project Property OWner
Project Applicant
Building Division
Jngineering Division
(/case File
PCAGENDA:
PCACT:ION
Attachment "B"
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
SUMMARY
AGENDA ITEM
HEARING DATE
WARD
5
2-4-92
7
...
F'r--., .....
APPLICANT: Donco (. Sons j Inc.
P.O. Box 210
W Yorba Linda, CA 92686
U)
c( VARIANCE 91-14 OWNER: Fei Lyons Investment
0 NO. 94 Greenmoor
'-/ "- Irvine, CA 92714
f'"""\ r
The applicant requests approval of a variance of Code Section
~ 19.22.150 to allow a freeway identification sign for an exist-
U) ing service station with mini-market without direct freeway
W frontage and which exceeds the maximwlI height and face area
~ permitted in Commercial Neighborhood land use and Freeway
0
W Corridor Overlay Districts.
a:
- The subject site is an irregularly-shaped .45 acre parcel
c(
wJ located on the east side of Del Rosa Avenue approximately
a: 180 feet north of the "Cross-Town" 30 Freeway and further
c( identified as 2885 North Del Rosa Avenue.
'-/ "-
EXISTING GENERAl PLAN
PROPERTY LAND USE ZONING OFStGNATION
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
1'1est Commercial CN Commercial Neighborhoc
( GEOLOGIC I SEISMIC DYES I FLOOD HAZARD KkYES jQcZONE A )( SEWERS: IialCfES )
HAZARD ZONE: lOC NO ZONE: o NO OZONE B o NO
( HIGH FIRE DYES ( AIRPORT NOISE! 0 YES ) I REDEVELOPMENT DYES
HAZARD ZONE: lC[ NO CRASH ZONE: PROJECT AREA:
X~ NO ~
~ r r-
.J o NOT o POTENTIAL SIGNIFICANT Z 0 APPROV At
~ APPUCABLE EFFECTS WITH 0
MITIGATING MEASURES fi 0
ZU) NO E.I.R. CONDITIONS
WCl K0 EXEMPT u.0
::!!Z o E.I.R. REQUIRED BUT NO u.Z :g: DENiAl
Z- SIGNIFICANT EFFECTS C(W
00 WITH MITIGATING t)::!!
a:~ MEASLiRES ::!! 0 CONTINUANCE TO
-u. 0
> o SICNIFlCANT EFFECTS
Z o NO SIGNIFICANT frl
W EFFECTS SEE ATTACHED E.R.C.
MINUTES a:)
) ~ ....
...- -
CI1'l' t>> _ .-.uotG
c:IIImtM.~llll_
............. .,,"'OF' (.....
A;;tachment "C"
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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 identification sign and a second gas price sign for
a total 145 square foot face area (both signs) for a site without
direct freeway frontage (see, Attachments "C" and "E"). The
re~uest~d signs exceed by 25 feet 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 III 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 Freeway and Del Rosa off-ramp and
further identified as 2885 North Del Rosa Avenue. The subject
property is located in the CN, Commercial Neighborhood, General
Plan land use designation as well as within the Freeway Corridor
(FC) Overlay District (see, Attachments "E" and "F").
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed 50 foot high and 85 square foot (5X17) freeway
identification sign with a second 60 square-foot (5X12) gasoline
price sign are not in conformance with the CN, Commmercial
Neighborhood General land use designation nor the Freeway 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 area of 125 feet,
as shown in Attachment "A". The service station I s existing monument
sign contains the State required noticing of gasoline prices so an
adJitional price sign is not required.
.
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PLAN-&.Oa PAGE 1 OF 1 (4-8Dt
0-
Q:-.
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
VAR 91-14
"'l
5
2-4-92
1
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
CALIFQRNIA ENVIRONMENTAL QUALITY 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 Del 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 additional
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 Dev~lopment 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 (DRC) 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.
..01
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~ PAGE1OF1 (4010)
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~
CllY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE VAR 91-14
5
2-4-92
4
....
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
r-
ANALYSIS
The applicants propose to install a freeway identification sign on
the southeastern portion of their site that is located 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
gasoline price sign 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 (l/ld 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 trees, consisting of
eucalyptus and palm species that provide a heavily landscaped
screening along this portion of the Cross-Town Freeway (see,
AttachD\,ent "0").
In fact, t~e 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 I s sign variance
requests. However, they do not meet measurable Developmenz 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 commissiol"! variance
approval. The service station I s existing monument sign contains the
State required noticing of gasoline prices so an additional price
sign is not required.
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RECOMMENDATION
Staff recommends that the Planninq Commission:
1. Deny Variance request No. 91-14 due to non-consistency with
current city Development Code Siqn Standards and requirements
applicable within the CN, Commercial Neiqhborhood land use
and Freeway Corridor Overlay Districts.
CP, Director
Buildinq Services
7Z.e G.~...,
Paul G. scr~gg!?O -
Assistant Planner
Attachments A - Municipal Code and General Plan Conformance
B - Findinqs of Fact
C - Proposed Freeway Siqn Elevation
D - Freeway Photos with Existinq siqnage
E - site Plan
F - Location Map
~=.~
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Attachment 0'.:
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CITY OF SAN BEHNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE VAR 91-14
5
2-4-q2
6
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
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 O/A 25 Feet O/A N/A
MaximU1ll
Sign Area 85 SQ. Ft. 125 SQ. Ft. N/A
(5x17) Maximum
w/Price Sign 60 SQ. Ft. State Stds. N/A
(5X12)
Approval of Variances by Planning Commission required for proposed
freeway identification sign and requested height.
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Attachment "B"
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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
...
r-
FINDINGS OF 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 siluilar 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;
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
"'II
CASE VAR 91-14
5
2-4-92
8
FINDINGS OF FACT
AGENDA ITEM
HEARING DATE
PAGE
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, COl1llllercial 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 cOl1llllission.
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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
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VAR 91-14
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west 'side of
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Attachment'F- Q-.
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
, AGENDA
ITEM #
LOCATION
VAR 91-14
5
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HEARING DATE 2-4-Q?
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