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HomeMy WebLinkAbout40-Planning ..ll. _ C'ITV OF SAN BE~RbINO - REQUEST Q)R COUNCIL A1{.IO;'~' From: Brad L. Kilger RF . ' Director of Planning- C D. -I.:J r11!!, :lpSt,biect: . Iflt)f'! Ill. ... Plannl.ng .N.. ...;,,;... i.D ":" Appeal of Planning Commission Denial of Variance No. B9-4 Dept: ~~o Mayor and Council Meeting of August 7, 1989, 2:00 p.m. Date: July 18, 1989 Synopsis of Previous Council action: No previous Council action. Recommended motion: That the hearing be closed; and that the appeal be denied; and that Variance No. 89-4 be denied. ~ or That ,the hearing be closed; that the appeal be upheld; and that Variance No. 89-4 be approved subject to a height limit of 60 feet and subject to the Findings of Fact and Conditions contained in the June 20, 19B9 Planning Commission staff report. (Staff's recommenda- tion, however, the applicant is requesting an 84,foot height variance.) \ / / / /, , ,- Signature Brad L. Kilger Contact person: Brad L. Kilger Phone: 3B4-5057 Supporting data attached: Staff Report Ward: FUNDING REOUIREMENTS: Amount: nla Source: (Acct, No,) (Accl. Description) Finance: Council Notes: 75-0262 Agenda Item No, ~o o CITY OF SAN BI!RNARDINO - o REQUI!ST FOR COUNCIL ACTION STAFF REPORT Subject: Appeal of Planning commission Denial of Variance No. 89-4 Mayor and Council Meeting of August 7, 1989 REOUEST The applicant, General Maintenance, Inc. for Shell Oil company, is appealing the denial of Variance No. 89-4 by the Planning commission at its June 20, 1989 meeting. The appli- cant requests that the Mayor and Council reconsider the deci- sion of the Planning commission and approve the variance request of an 84 foot height variance for a freeway sign. BACKGROUND Variance No. 89-4 is a request to vary Code section 19.60.220 (f) (2) to replace an existing nonconforming sign of 91 feet in height with a sign 84 feet in height. This proposal is 44 feet higher than the maximum allowed by Code. The site of the proposed freeway sign is southwest corner of Mill and "I" Streets on eel, and is within about 350 feet of 1-215. The proposal is categorically exempt from CEQA and is con- sistent with the General Plan in that the property is desig- nated CG-1, General Commercial One, which does not prohibit freeway signs at this location. located at t;he a .52 acre par- The site is occupied by a Shell Service station with a m~n~- market. There is an existing free-standing sign on the northeast corner of the site and a freeway sign on the south- east corner of the site. The existing freeway sign is 91 feet in height, supported by three poles and has a sign area of 272 square feet. This existing sign is nonconforming in that Code restricts height to 40 feet and sign area to 150 square feet. The applicant is proposing to remove the existing outdated Shell sign and replace it with one which is supported by two poles, instead of three, reduce the sign area to 144 square feet and reduce the height to 84 feet. The proposed height of 84 feet is 44 feet higher than the 40 feet allowed by Code. After visual inspection of the site, staff has determined that the 40 foot height limitation would prevent the sign from being visible from a reasonable distance, However, the height requested by the applicant is thought to be too tall and a compromised lowered height of 60 to 70 feet would reduce the degree of nonconformity to a greater extent than' the proposed 84 feet and still provide adequate visibility from the freeway. 15..0264 o o The applicant does not have to replace the sign. The exist- ing sign, under present conditions and Code requirements, may remain indefinitely and the sign copy and face may be changed as maintenance items. However, if there are any structural alterations proposed, the proposed sign alterations must be in conformance with Code. ,I Staff recommended approval of the variance, subject to a com- ! promised height limit of 60 feet to the Planning commission i on June 20, 1989. The Commission could not reach a consensus ( after two votes and much discussion and denied the request ~Without prejudice by a 3 to 3 vote. OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL The Mayor and Council may deny the appeal and No. 89-4 or uphold the appeal and approve request at 84 feet, or some compromised height 40 to 84 feet. deny Variance the variance limit between RECOMMENDATION Staff recommends upholding the appeal and approval of Vari- ance No. 89-4, subject to a height limit of 60 feet based on the Findings of Fact contained in the June 20, 1989 staff report. Prepared by: John E. Montgomery, AICP, Principal Planner for Brad L. Kilger, Director of Planning Attachments: A - Letter of Appeal to the Mayor and Council B - Statement of Official Planning commission Action C - June 20, 1989 Planning commission Staff Report D - Public Hearing Notice mkf7/17/89 M&CCAGENDA:VAR894 ~'" ,"T'", ..~.,,;., ":'-4;:~t.<:'c ,\ " ":',\~",,, ;~~/:\: ." ;~'::-l ..;' "'If'l:;"~", o o ATTACHMENT A rD1 r> @ f?, n nfl rn rn Jull0 198~ III \iln ; c,\;l:.iiNG DEPARTMENT ~i~ 2-f;WAROINll. CA June 30. 1989 City of San Bernardino 300 X "D" St San Bernardino. CA 92418-0001 . G.J@ui GENERAL MAINTENANCE INCORPORATED 5111<</954 714-898.6625 213-598.4451 11372 WESTERN AVE. STANTON, CA 90680 A manufaChltrn and "fJ!I iftJtalJ~rs oj corporal~ ... identit}' s;gnQg~ Subject: Variance # 89-4 Shell Oil Company Mill and "I" St Gentlemen: We are appealing the recent Planning Commission Action regarding the denial of the Variance as noted above. Shell Oil Company had voluntarily applied for a variance from Code Section 19,60.220 IF) (21. including a reduction in square footage of their existing LEGAL XON-COXFORMIXG freeway sign from 180' to 144 square feet, and lowering the sign from 91' to 84' in overall height. Due to the position of the property with respect to the height of the freeway overpass. and numerous palm trees. lowering the sign below 8~' would virtually allow no Visibility and would diminish the traffic flow and profitability of the location so "ubstantially that it would be ill Shell's best interest to refurbish and maintain thp eXisting sign rather than commit to any changes at this time. We would encourage your review of this matter. and prompt decision, i~{~{~ Vice President G~I I o ATTACHMENT B o City of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Variance No. 89-4 Applicant: GMI for STAFAC, Incorporated ACTION Meeting Date: X June 20, 1989 Denied without Prejudice. VOTE The motion for approval failed on a 3 - 3 vote, as follows: Ayes: Nays: Abstain: Absent: Cole, Corona, Lopez Lindseth, Nierman, Stone None Brown, Sharp I, hereby, accurately Commission certify that this Statement of reflects the final determination of the city of San Bernardino. -'.. // " - ---:..; - --::~//- ...-,---~./'" ~ --'/ - - ~ ~ ~~ Signature . .// / / Brad L. Kilger, Director of Planning Name and Title Official Action of the Planning j/z~/k9 pate mkf PCAGENDA: PCACTIONA o o ATTACHMENT C ,. CITY OF SAN BERNARDINO PLANNING DEPARTMENT"" SUMMARY AGENDA ITEM HEARING DATE WARD 4 6-20-89 , 3 ~ \. o ~ lJi i~ I :~ I I a: I i:; i I LIJ I I a: i I c:::s: Ii Ul Variance No. 89-4 APPLICANT GMI 11372 Western Stanton, CA 90680 OWNER STAFAC, Inc 120 B::-oadway New York, NY 10005 The applicant requests a variance from Code Section 19.60.220 (F) (2) to replace an existing 91 foot tall freeway sign with an 84 foot tall freeway sign. The .52 site is located at the southwest corner of Mill Street and "III Street. r "\ , . PROPERTY! i Subject' I North South East ~'lest EXISTING LAND USE ZONING CG-l CG-l IL IL IL GENERAL PLAN DESIGNATION CG-l CG-l IL IL IL Commercial Commerclal Vacant Commercial Vacant , ! , I\. I 1 r-;;-EOlOGIC / SEISMIC . HAZARD ZONE I )~ oVES ~NO DVES [XJ NO FLOOD HAZARD DYES OZONE A ZONE UlNO OZONE B lli]VES SEWERS 0 NO AIRPORT NOISE / 0 YES CRASH ZONE 5a NO REDEVELOPMENT PROJECT AREA DVES ill NO HIGH FIRE riAZARD ZONE C', (eNOT o POTENTiAL SIGNI FICANT '\ ( ~I [gJ APPROVAL ;. l:ct 1 i APPi..;CABLE EFFECTS I : J"" II WITH MITIGATING i ~I ~ CON ::)IT IONS I I ~ (J) I ! MEASURES NO E,!'R, I I " (!). I Ga EXEMPT DEI R. REQUIREO i Lt..QI 0 DENIAL I~~il BUT NO Lt..~ SIGNIFICANT EFFECTS ~~ ""ITH MITIGATING 0 CONTI NUANCE TO I 2:~ i I MEASURES (J)~ ,>Lt..' 0 ~' o NO o S!GNI~ICANT EFFECTS () SIGNIFICANT ':lEE ATTACHED E.R.C III EFFECTS MINUTES a: NOli 1'l81 REVISED JULy 1~82 SKY '1 I i I I I I I I I j I I I I I I ) .1 o o .cITY OF SA~ BERNARDINO PLANNlNc~P~~8~~MENT OBSERVATIONS A~NCA ITEM HEARING DATE PAGE 4 6-20.-RQ ? 1. Reauest The applicant requests a variance from Municipal Code section 19.60.220 (F) (2), which restricts the height of freeway signs to 40 feet, to allow the replacement of an existing 91 foot high freeway sign with a freeway sign that is 84 feet in height. 2. site Location The subject site is located at the southwest corner of Mill Street and "I" Street on a .52 acre parcel. The site is located within 400 feet of 1-215. 3. Municipal Code and General Plan Conformance The request to vary the height requirement for a freeway sign is inconsistent with the Municipal Code, The proposed use is in conformance with the General Plan adopted by the Mayor and Council On June 2, 1989, in that the property is designated CG-1, Commercial General which does not prohibit freeway signs at this location (See Attachment "A"). 4. CEOA Status The proposal is categorically exempt from the provlslons of the California Environmental Quality Action (Section 15311) . 5 . Backqround The site is occupied by a Shell Service station with a mini-market. There are existing signs on the walls of the building and on existing free-standing sign on the northeast corner of the site. The existing freeway sign, located at the southeast corner of the site, is 91 feet in height and consists of three poles with approximately 272 square feet of sign area. The sign does not meet current Code requirement, in that Code restricts height to 40 feet and sign area to 150 square feet. ~ - - L - o o ,CITY OF SA~ BERNARDINO PLANNlNc~EDEP~~n1ENT OBSERVATIONS 4 6-20-89 1 , AGC:NOA ITEM HEARING OATE PAGE 6. Analvsis The applicant is proposing to outdated Shell sign and replace consistent with Shell's new installation of the proposed following: remove the existing, it with one which is signage program. The sign would result in the 1. The removal of one of the three existing sign poles. 2. The reduction of sign area from 272 square feet to 144 square feet, which meets Code require- ments,. ,3. The reduction of sign height from 91 feet to 84 feet, which is still 44 feet higher than that which is allowed by Code. The applicant is requesting the variance because of a perceived visibility problem for freeway traffic, created by shrubs, trees and buildings along the freeway, which make it virtually impossible to see a 40 feet tall sign from the freeway. Staff drove along 1- 215 in both directions and can agree that a 40 feet sign would not be visible from a reasonable distance. However, Staff feels the proposed 84 foot sign is too tall. A 60 foot sign would reduce the degree of non- conformity to a much greater extent and still provide adequate visibility from the freeway. It should be noted, that the applicant does not have to replace the sign. The existing sign may, under present conditions, remain indefinitely and the sign copy and face may be changed. This variance is necessitated by the fact, that the Sign Code requires any sign involving a structural alteration to conform to current Sign Code. The proposal involves structural alteration of the existing sign. 7. Comments Received Councilman Flores has indicated to Staff that he would prefer the sign be raised to 60 feet. o o .cITY OF SAN BERNARDINO PLANNiNG DE? ARTMENT CASE \1rl rR q- 4 OBSERVATIONS AGENDA ITEM HEARING OATE PAGE 4 6 20-89 4 8. Conclusion The purpose of a freeway sign is to be visible from the freeway. It is clear that a 40 foot sign on the subject site would not be reasonably visible from the freeway. Therefore, ~ variance from sign height is justified. However, a 60 foot sign would be reasonably visible from the freeway and would bring the sign more into conformance with the sign code. 9. Recommendation staff recommends that the Planning Variance No. 89-4 and restrict proposed sign to 60 feet, based Findings of Fact for Approval. Commission approve the height of the upon the attached itted: :] tr~}~ / Jal\J€s P. Mulder PJ.,anner I ./ BLK/JM/ke Attachment - A B C D E F Municipal Code and General Plan Conformance Findings of Fact for Approval Conditions of Approval Applicant's Response to Findings site Plan arid Sign Plan Location VAR89-4 o o Attachment "A" ,CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE Var89-4 OBSERVATIONS 4 e:;_~n_QQ . AGENDA ITnA HEARING DATE PAGE Municipal Code and General Plan Conformance General Category Proposal Municipal Code Plan Use Freeway Sign Permitted Permitted Distance from 350 feet 400 feet rnax. SBMC Freeway Height 84 feet ,10 feet max. SBMC Variance requested Sign Area 144 feet 150 sq. ft. SBMC max. - -- J. _ :iL , o ATTACHMENT "B" o "CITY OF SAN BERNARDINO PLANNING DEPARTMENT ~ CASE VarR9:..L___ FINDINGS of FACT AGE~DA ITEM HEARING DATE 4 b-LU-lj~ ,'" PAGE 6 ~ 1. There are exceptional or extraordinary circumstances or conditions applicable to the property, which do no apply generally , to other property in the same zoning district and neighborhood in that the property is situated in such a way, in relationship to Interstate 215, which makes it very difficult to see a sign for the subject property from the freeway. I i . ~ I , t . , I , ., I . ; ~ " 2. The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant in that without the variance, the property will not enjoy the same advertising privilege afforded to other surrounding businesses. 3. The granting of the variance will not be materially detrimental to the public welfare or injurlous to property and improvements in the zoning district and neighborhood in which the property is located in that structurally sound pole signs do not constitute a threat to health, safety or property values. 4. The granting of such a variance will not be contrary to the objectives of the General Plan in that the General Plan makes provisions for approval pole signs at this location in the CG-1 Land Use Designation. I . 1 i ( ~ GP:VAR89-4F ~ . I 1 . ~ f i , . ~ , ~ ~ ." -' " HOV 19'0 o o ATTACHMENT "C" CITY OF SAN BERNARDINO PLANNING DEPARTMENT , CASE Var89-4 CONDITIONS 4 6-20-89 7 --~ " AGENDA I-:-EM HEARING DATE PAGE , 1. A sign permit shall be approved by the Planning Department prior to installation of the sign. 2. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully, in the defense of the matter. Once notified, the applicant agress to defend, indeminify, and hold harmless the City, its officers, agents and employees from any claim, action, or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result. of such action, but such participation shall not relieve applicant of his obligation under this condition. 3. The construction authorized by Variance 89-4 shall have commenced within 180 days after granting the variance. (Expiration Date: November 16, 1989). The Commission may grant a 90 day extension at the end of the 180 days if so requested by the applicant prior to the expiration of the 180 days. VAR89-4C '" ~ - , o (' ATTACHMENT "0" o ( '" .. < ALL APPLICATIONS FOR A VAlUANCE MUST INCLUDE A WRITTEN RESPONSE TO EACH OF THE FOLLOWING ITEMS IN ORDER TO CI.EARI.Y ESTABLISH THE JiDtl FOR THE VARIANCE. PLEASE ANSWER ALL ITEMS DIRECTLY ON THIS SHEET. A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, which do not apply generally to other property in the same zoning district and neighborhood. Due to the elevated Freeway overpass and the many visibJlity obstructions, reducing proposed lo~o desi{n tn ~ hpigh n~ un' would cause said display to loose the m~jnr 'Qr~ n~ ;~Q visibility. B. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. A hardship would be incurred if visibility to said design was proportionately reduced. c. That the granting of the variance will not be detrimental to the public welfare or 1nJurious to improvements in the zoning district and neighborhood property is located. By maintainine: ap:9roximate height of said display - as it stands materially property and in which the now - it ha,s r;ot been and will not be detrimental to public welfare or injurious to property in zonin? District or nei?htborhood. D. That the granting of such a variance will not be contrary to the objectives of the Master Plan. We feel tha,t this will not be contrary to the lIIaster plan. . '- ) o o ....: .' 1_. . .' <'. .~ . .. - .....~-:-...f, "-..~~,~I ....-.-;.~~ .-..". r:, .>.' '''!u(..':-; ..~~~~.t-_. :';( 7..~._;.:::"~~:.:_~-:~:"'. ........,. :1" , ,:l=:::. ." -, ..;. -; J". '.. '1_ J. ,- 'j.. ", ....,....~I . .. . '.,-:./ - "..F ")' '. " ..": I ",' ,~. . . .'. . ( . ! - i . . '. '.' ,- ,'J \ .J j,F' - ,i . r , . 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'I: ....,.c:-:- --', < " '\, / v ~ I 17 ,....___, I I i , . u:au ;LNm<H::J'Il;L;L 'Il ATTACHMENT "F" + j -"" ~I ~"--+ . .~ ;, --:z oS ~ (\ -! \ I - oL ~ .. I. t}O "" "'" ~ -Z 1 <$'< J ? .s ~ :f; ~ J 1 1: r- a IS" ;a-i ~i I l ',:;... I! I I --.-+- . , ",,,,,.-t r i -'-~jj i ~~~. 0 :r . i.~~=~ f;.- t;- o . :J " ~ .' . " ...,.. Q ~ \U- ~ -~"~ ~ L III ,.-~ -< Ir:-:l :r ~~-:: '-.) ::J - G [~I _.~ \~ 1 :;. c" r.! , I- t -:;--t o....i' III . ,\ \ 1- J "' . <:l. - Q "'I 0:: ~~ - - 0 ATTACHMENT "G" 0 CITY OF SAN BERNARDINO PLANNING DEPARTMENT AGENDA ITEM # LOCATION CASE VAR 89-4 4 HEARING DATE 6-20-89 \. I II AIAlT AVE o .J 0-' [!!] 0" II R.' C-M C-M I II ItLUVlfW ~ R-' 0-' J: I II :J: R-2 0-' 0-' g CoM C-M . :J: R- 2 1 '" ~ R-I ~ . CoM a: C-M CoM '" ~ CoM .. !: " N '0' 1.1-1 . . B888 C'M "0" '0' w . "0" "0" . 18 888 R-I >- .. . . C-M "0" . . - . . 8..11 U' R-I 0., JR HIGH C M SCHOOL .. M.I R'3 BB ~fil . ~~m R-I R-I I I . . I ( .~ I ...~ ""'N T C.M , I R -I 0'" R'I <- ~, ) T C'" VV j ,II' 0-' j I b:' R-I R-I S B CITY LIMITS ),~~ { - - 0 ~... <- ...O..V- ~ JR" R.I .. R'I R.I R'I ""'+l .. ,'I' I 1. = " C-M - tJ - - o o OFFIC IAL NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN MAYOR AND COMMON APPEAL OF BERNARDINO COUNCIL Planning Commission Denial of Variance No. 89-4 . THIS IS TO INFORM YOU THAT THE FOLLOWING ITEM HAS BEEN APPEALED TO THE MAYOR AND COMMON COUNCIL BY General Maintenance, Inc. for Shell Oil Company SUBJECT: Appeal of Planning Commission Denial of [.':0# J Variance No. 89-4 PROPERTY Located at the southwest corner of Mill and urn Streets LOCATION: on a .52 acre site. . . PROPOSAL: To alter an existing f~eeway service station sign by replacing it with a sign supported by two poles, 144 sq. ft. in area and 84 ft: in height, which is 44 feet higher than City Code allows. \.. PUBliC HEARING LOCATION: SAN BERNARDINO CITY HALL COUNCIL CHAMBERS 300 NORTH "0" STREET SAN BERNARDINO, CA,92418 HEARING DATE AND TIME: August 7, 1989, 2:00 p.m. A DETAILED DESCRIPTION OF THE PROPOSAL IS ON FILE IN THE PLANNING DEPARTMENT AT CITY HALL, IF YOU WOULD LIKE FURTHER INFORMATION ABOUT THIS PROPOSAL PRIOR TO THE PUBLIC HEARING, PLEASE CONTACT THE PLANNING DEPARTMENT IN PERSON OR BY PHONING (714) 384-5057. THANK YOU, \.. Jill, 191. .1,.