Loading...
HomeMy WebLinkAbout36-Planning CI() OF SAN BERNARDOO -. REQUOT FOR COUNCIL ACX)ON Planning RtC'D~':ADIftlt6Ifr. IS88 APR 22 At! 4: /I Appeal of Conditional Use Permit No. 87-28 From: R. Ann Siracusa Director of Planning Dept: Mayor and Council Meeting of May 2, 1988, 2:00 p.m. Date: April 15, 1988 On February 2, 1988, the Planning Commission denied Conditional Use Permit No. 87-28. ~ Synopsis of Previous Council action: Vote: 5-4 Recommended motion: That the Mayor and Council deny the appeal and deny Conditional Use Permit No. 87-28. , Siracusa Contact person: R. Ann Siracusa Phone: 384-5357 Staff Report Ward: 3 Supporting data attached: FUNDING REQUIREMENTS: Amount: Source: (Acct, No,) (Acct, DescriDtionl Finance: Council Notes: .,~_n.,,,? Agenda Item No, 3 t, CI~ OF SAN BlRNARDQo - REQUQT FOR COUNCIL AeQON STAFF REPORT Subject: Appeal of Conditional Use Permit No. 87-28 Mayor and Council Meeting of May 2, 1988 REOUES~ The applicant requests appeal of the decision of the Planning Commission to deny Conditional Use Permit No. 87-28, and to gain approval to repair and remodel an abandoned, nonconform- ing, off-premise sign and to vary Code Sections 19.60.250(A.3) - Maximum Height for an Off-Premise Sign, 32 feet (42 foot height proposed), 19.60.250(A.4) - Setback From Public Right-of-Way, minimum 10 feet (7 feet proposed), and 19.60.250(A.8), Minimum Distance from a Freeway Right-of-Way, 600 feet (71 feet proposed). BACKGROUND In the early 1970's, the original sign was approved based on the isolation of the Quality Inn (then the Holiday Inn) and the location of the motel in relation to freeway off-ramps. Since that time, the Auto Plaza has commenced construction and greater visibility to the motel is supplied. In April, 1986, the Mayor's Office directed the Planning Department to seek removal of an abandoned, non- conforming off-site premise sign through the efforts of the More Attractive Community (MAC) program. After several letters and official notifications, a citation to remove the sign was issued. When no action resulted from .the citations, the City Attorney's Office commenced court action. The sign existed to aid travelers with direction to the Holiday Inn located at the northwest corner of Fairway Drive and Camino Real. HOliday Inn closed and the buildings were purchased by Quality Inn. The off-premise sign remained with the words '-Holiday Inn- painted out. Directions remained on the two faces of the signs, but the sign did not say to where the direction lead. After a period of 180 days, the off- premise sign became legally -abandoned.- Over the course of two months, three letters and notices were sent to the Quality Inn requesting removal of the sign. After correspondence, the Quality Inn was informed legal action would commence if the sign was not removed. Quality Inn retained an attorney who held meetings with various people within the City, most of whom are no longer with the City. Deadlines for filing applications to remodel the sign were extended several times from May 29, 1986 to April 9, 1987 when this Conditional Use Permit application was submitted. 75-0264 . e o o o Appeal of Conditional Use Permit No. 87-28 Mayor and Council Meeting of May 2, 1988 Page 2 At that time, the City preferred the Conditional Use Permit procedure for off-premise sign approval. On May 4, 1987, the application was deemed incomplete and a letter sent to the applicant. On June 11, 1987, the requested information was received by the' Planning Department. On the afternoon of June 11, 1987, the Office of Planning and Research restrictions were placed on San Bernardino whereby very little activity was permitted to proceed. The application for Conditional Use Permit 87-28 was placed in the moratorium hold drawer. The case was reactivated in late November 1987 by the City Attorney's Office due to court continuance and relaxation of the restrictions imposed upon the City by the Office of Planning and Research. A second sign, an on-premise freeway sign, was appr~ved by Variance, on March 18, 1986 for the Quality Inn. That sign, which exceeds maximum height and area permitted by Code, was approved by the Planning Commission. A condition of approval for the variance was that a 66 square reader board be deleted from the proposed sign. That condition was appealed to the Mayor and Common Council. The decision of the Mayor and Conmon Council on April 21, 1986 was to uphold the appeal and allow the reader board to be placed on the sign. That sign has been installed. Its height is 60 feet and the total sign area, including the changeable copy reader board, is 356 square feet. This sign already provides adequate space for Quality Inn to give access direction. On February 2, 1988, the Planning Commission voted five to four to deny the requested refurbishing of the sign. On February 16, 1988, a letter of appeal which failed to state the reason for appeal was accepted by the City Clerk's office with the stipulation that a more complete letter be submitted immediately (Attachment Bl. On March 17,1988, a letter was ,sent to the appellant stating that ten days would be given to receive the letter requested one month earlier. On March 28, 1988, a revised letter of appeal was received by the City Clerk's office which states that the appeal is based on arbitrary and capricious actions of the Planning Commission and that the decision was based on a previous action (Attach- ment Al. ~JQF_ ~NILCi>lll~!:;n._'pP~IONS The Mayor and Council may: 1. Uphold the appeal and approve Conditional Use Permit No. 87-28, subject to making positive Findings of Fact and the addition of any appropriate conditionsi or . c o o o Appeal of Conditional Use Permit No. 87-28 Mayor and Council Meeting of May 2, 1988 Page 3 2. Deny the appeal and deny Conditional Use Permit No. 87- 28 based on the Findings of Fact contained in the original staff report dated February 2, 1988 (Attachment D). RECOMMEtmM'll>li It is recommended that the Mayor and Council deny the appeal and deny Conditional Use Permit No. 87-28. Prepared by: Sandra Paulsen, Senior Planner for R. Ann Siracusa, Director of Planning Attachments: A - B - C - D - Revised Letter of Appeal Dated 3/28/88 Response to Original Letter of Appeal Original Letter of Appeal Planning Commission Staff Report mkf/4/15/88 M&CC:CUP8728 . d OTACHMENT A o o LAW O,.,..CES SINGER & SIL.VERGL.EIO. INC. .... NEAL SINGE" NAOMI SILVC"OL.1I10 EDWARD DUDDY 42.. ORANGE STREET P. O. BOX 78. "IVEASIDI:.CALIP'ORNIA 82502 TEL.l:PHONE 78.-0500 MltA CODE n4 March 28, 1988 Common Council City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 Re: conditional Use Permit No. 87-28 Addendum to Notice of Appeal Gentlemen: please take notice that the undersigned wishes to appeal the decision of the Planning commission on the basis that the actions of the Planning Commission were arbitrary and capricious in that the majority based their decision on extraneous factors, to wit, a previous decision, Variance No. 86-4. Applicant states that the conditional use permit is necessary for the preservation and enjoyment of a substantial property right in that applicant is not requesting a new sign but merely to maintain and refurbish the existing sign which has existed on the property. Very truly yours, SINGER & SILVERGLEID, INC. Y1~..v' Naomi silverglei Attorney for Applicant NS:bt I ~ ,.\ :1 - ., ~ , .' ,',.' ;'17 (.,.:.. .; ~\I . _.... ... ~ o. ol() ~o. \,~J3CJ . o OTACHMENT B 0 o ERN ARDIN 0 300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 9241B March 17, 1988 Ms. Naomi Silvergleid Silvergleid and Singer P.O. Box 788 Riverside, CA 92502 Subject: Appeal of Planning Commission Decision on Conditional Use Permit No. 87-28 Dear Ms. Silvergleid: On February 16, 1988 you delivered a notice of appeal to the City Clerk's office. You were notified at the time that the notice of appeal was inadequate in that no reason for the appeal is stated. You indicated that a revised letter would be delivered the next day, February 17, 1988. To this date, no letter stating the reason for the appeal has been received by the City. If no letter is received by March 28, 1988, it will be assumed by the City that the appeal has been abandoned. If you need further information, contact the Planning Depart- ment at (714) 384-5057. Sincerely, .~~ City Clerk mkf cc: Planning Department Lek vonKaesborg III, Deputy City Attorney '~~"-..:/t';.' .-JIII"' -,,' .. . !' ~' . o O'ACHMENT C 0 o LAW OFFICES SINGER & SIL.VERGL.EIO, INC. "". NEAL SINGE" NAOMI S'LvERGL.EID EDWARD DUDDY 4288 ORANGE STREET ... O. BOX 788 RIVERSIDE,CALIP'ORNIA 82502 TELEPHONI: 784-0500 AREA CODIl 714 February 11, 1988 Common counsel City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Re: conditional Use Permit No. 87-28 ~ ~ m n en ...,., ~ m -, c:> - 0'\ -, -0 - ~ : N '. :7) -.l ~- NOTICE OF APPEAL Please take notice that the undersigned wishes to appeal the decision of the planning Commission of the City of San Bernardino to deny the application for Conditional Use Permit No. 87-28 by a vote of 5 to 4 on February 2, 1988. Very truly yours, SINGER & SILVERGLEID, INC. Yl~'~~ 1:" :: ,- ..... '- t''"'':"' . o. : ~ ~! ; Naomi Silvergleid r;" - r' I .' J ~-\ .-' ,', -' 'n ( oJ,... . ; , ;. '~ .,.,., NS:bt l .'. :;; of ......... ".J ....-\ . . o c:fTACHMENT D c:> BERNARDINO PLANNING o DEPARTMENT ""l r CiTY OF SAN SUMMARY \. ~ t; IaI ~ a: ...... c:r UJ a: <l AGENDA ITEM HEARING DATE WARD 5 02/02/88 3 .... CONDITIONAL USE PERMIT 87-28 APPLICANT: NAOMI SILVERGLEID Singer & Silvergleid P.O. Box 788, Riverside, CA 92502 OWNER: J. H. M. California, Inc. dba Quality Inn 880 S. Pleasantburg Drive The applicant requests approval under authority of San Bernardino l1unicipal Code Section 19.78.025(C) as defined by the City Attorney's Office, to remodel an abandoned, non-conforming off-premise sign, and to deviate from the required setbacks from a public right-of-way and a freeway right-of-way and to increase the height from 24 feet to a height of 42 feet which exceeds the maximum allowed height of an off-premise sign which is 32 feet. The subject 2.l-acre site is on the west side of Camino Real approximately 535 feet north of Fairway Drive in the C-3A zone. PROPERTY Subject EXISTING LAND USE Abandoned. non-conf. off-premise sign 24 ft' ht. Car Lot Quality Inn I-2l5 Freeway Vacant GENERAL PLAN DESIGNATION ZONING C-3A C-3A C-3A C-3A C-3A General Commercial General Co~_ercial General Co~nercial General Commercial General Commercial North South East West A t%'U~e/~EI~a 0 lID YES FLOOD HAZARD DYES OZONE A ~YES HAZARD ZONE ONO ZONE Iia NO OZONE B SEWERS oNO HIGH FIRE DYES AIRPORT NOISE / ~YES '" a k REDEVELOPMENT YES HAZARD ZONE fiiJNO CRASH ZONE ONO PROJECT ARE^ ONO ..J o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL ~ APPLICABLE E FFE CTS 0 WITH MITIGATING - 0 Z(I) MEASURES NO E,I.R, ti CONDITIONS laiC!) l&I EXEMPT o E,I.R, REQUIRED BUT NO ...Q iii 2Z ...15 DENIAL Z- SIGNIFICANT EFFECTS OQ WITH MITIGATING ~2 0 CONTINUANCE TO a:Z MEASURES (1)2 >ii: 0 z ONO o SIGNIFICANT EFFECTS U UJ SIGNIFICANT SEE ATTACHED E,R. C, UJ EFFE CTS MINUTES II: NOV. 19" RIVIIED ,",ULY I..a SKY . d o o o ,CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-28 OBSERVATIONS , AGENDA ITEM 5 HEARING DATE 02/02/RR P& ') , 1 . REOUEST The applicant requests approval under authority of San Bernardino Municipal Code Section 19.78.025(C) as defined by the City Attorney's Office, to repaint an existing, abandoned non-conforming sign face and to replace the pole to raise the height of the sign from 24 feet overall height to 42 feet overall height. In addition, a variance from Code Sections 19.60.250 (A4.) - 10 feet minimum distance to a public right-of-way, 19.60.250(A8.) - 600 feet mininum distance to a freeway right-of-way, and 19.60.250(A3.) - maximum height allowed for an off-premise sign, 32 feet is requested. The applicant requests approval to place the sign within 7 feet of the Camino Real right-of-way, within 71 feet of the I-21S right-of-way, and to replace the existing 24 feet pole with a 42-foot pole. (See Attachment C) 2. LOCATImi The subject 2.l-acre site has a frontage of approxi- mately 230 feet on the west side of Camino Real Drive, approximately 535 feet north of Fairway Drive. (See Attachemnt D) 3. HYNICIPAL CODE AND ~QQNFORMANCE The proposed remodeling of the Off-premise sign is inconsistent with the Municipal Code and may not be consistent with the Office and Planning Research letters dated June 11, 1981, July 3, 1987 and August 18, 1987 which require projects to be consistent with the pur- poses of the updated general plan. Those purposes include such factors as urban design and quality of life with the intent of raising standards. Those standards may preclude the proposed sign. 4. CEOA STA1l!~ A Conditional Use Permit to remodel an existing off- premise sign and the associated deviations from code are categorically exempt from the requirements of California Environmental Quality Act Section 15305, Class 5. , 000 ,CITY OF SAN BERNARDINO PLANNING DEPARTMENT ""' CASE CUP 87-28 , OBSERVATIONS . o , AGENDA ITEM 5 HEARING DATE 02/02/88 . PAGE ~ 5. BACKGROUND In April, 1986, the Mayor's Office directed the Planning Department to seek removal of an abandoned, non- conforming off-site premise sign through the efforts of the More Attractive Community (MAC) program. , After several letters and official notifications, a citation to remove the sign was issued. When no action resulted from the citations, the City Attorney's Office commenced court action. The sign existed to aid travelers with direction to the Holiday Ihn located at the northwest corner of Fairway Drive and Camino Real. Holiday Inn closed and the buildings were purchased by Quality Inn. The off- premise sign remained with the words -Holiday Inn- painted out. Directions remained on the two faces of the signs, but the sign did not say to where the direc- tion lead. After a period of 180 days, the off-premise sign became legally -abandoned.- Over the course of 2 months, three letters and notices were sent to the Quality Inn requesting removal of the sign. After correspondence, the Quality Inn was informed legal action would commence if the sign was not removed. Quality Inn retained an attorney who held meetings with various people within the City, most of whom are no longer with the City. Deadlines for filing applications to remodel the sign were extended several times from May 29, 1986 to April 9, 1987 when this Conditional Use Permit application was submitted. At that time, the City preferred the Conditional Use Permit procedure for off-premise sign approval. On May 4, 1987, the application was deemed inCOmplete and a letter sent to the applicant. On June 11, 1987, the requested information was received by the Planning Department. On the afternoon of June 11, 1987, the Office of Planning and Research restrictions were placed on San Bernardino whereby very little activity was permitted to proceed. The application for Conditional Use Permit 87-28 was placed in the moratorium hold drawer. The case was reactivated in late November 1987 by the City Attorney's Office. The case was reactivated due to court continuance and relaxation of the restric- tions imposed upon the City by the Office of Planning and Research. " . d o o o ,CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-28 OBSERVATIONS AGENDA ITEM 5 HEARING DATE 02/02/88 PAGE A ' A second sign, an on-premise freeway sign, was approved, by Variance, on March 18, 1986 for the Quality Inn. That sign exceeds maximum height and area permitted by code, was approved by the Planning Commission. A condition of approval for the variance was that a 66 square reader board be deleted from the proposed sign. That condition was appealed to the Mayor and Common Council. The decision of the Mayor and Common Council on April 21, 1986 was to uphold the appeal and allow the reader board to be placed on the sign. That sign has been installed. Its height is 60 feet and the total sign area, including tpe changeable copy reader board, is 356 square feet. This sign already provides adequate space for Quality Inn to give access direction. 6. ANALYSlR The purpose of this request is to remodel an off-premise sign (which is in addition to the existing on-premise sign) to give direction to freeway travelers who may wish to stop at the Quality Inn. The sign was abandoned 180 days following removal of wHoliday Innw from the sign. Three Code Sections must be varied to allow the remodel- ing of this sign: 1. San Bernardino Municipal Code Section 19.60.250 (A3) which establishes 32 feet as the maximum height of an off-premise sign, the request is for a 42 feet sign but the existing sign to be remodeled is only 24 feet in height 1 2. San Bernardino Municipal Code Section 19.60.250(A4) which requires a minimum setback of 10 feet from a public right-of-way for an off-premise sign, the request is for a set back of 7 feetl and 3. San Bernardino Municipal Code Section 19.60.250IA8) which states no off-premise sign shall be located within 600 feet of a freeway right-of-way if the sign face is visible from the freeway right-of-way, the request is for approximately 71 feet from the freeway right-of-way. j . d 000 ,CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-28 OBSERVATIONS AGENDA ITEM 5 HEARING DATE 92/02188 'PAGE 5 Although the application indicates a request to repaint the existing pole, apparently the intention is to remove the existing pole (not paint it) and replace it with a new pole which is 18 feet higher than the existing pole. The new pole is to be placed 7 feet from public right- of-way and 71 feet from the freeway right-of-way, the same non-conforming location as the existing off premise sign to be remodeled. Because it is a higher and different pole, state permits from CalTrans are required. The directions written on the sign face are lengthy. From the north bound lane the sign reads: -Exit Orange Show to light, right to Fairway Dr.- Both directions of the freeway carry 4 lanes at this site. To read the sign, assuming an exit and hotel are desirable at this point in travel, a driver would need to focus on the sign across 8 lanes of traffic at a speed of 55 mph, negotiate moving an additional lane where the I-10 freeway enters the I-2l5 northbound, and remember to exit at Orange Show Road and turn right at Fairway and proceed west to find the Quality Inn. From the south- bound lanes, a traveler must decipher the signage through a stand of palm trees. Southbound, the proposed directions read: -Quality Inn, I-IO West, exit Sperry Dr., Right on Fairway Dr.- Then the driver must move to ' the proper lane for the I-IO West interchange and remem- ber the directions to the Quality Inn. The parcel on which the off-premise sign is located has a depth of 468 feet. Although it is not possible to relocate the sign to bring it into conformance with the 600 foot setback from the freeway right-of-way requirement, the location could be brought into closer compliance with the requirement. There is adequate area to permit a conformance with the 10 foot setback from public right-of-way requirement. Projects approved on the interim during the update of the general plan are required to be in conformance with the purposes of the updated plan. As part of the General Plan Revision, the Citizens Advisory Committee will evaluate such factors as urban design and quality of life. The purpose is to raise standards and reduce urban clutter of the environment. * ~ 000 , ,CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-28 OBSERVATIONS AGENDA ITEM 5 HEARING DATE O~ /02/88 , 'P& 7. CONCLUSION There is an existing 60 foot freeway sign at Quality Inn. This sign has 66 square feet of reader board on which directions could be placed. There is adequate area on the parcel to relocate the sign to a site which would conform to code regarding distance from a public right-of-way. The evidence is that this is not a request to remodel an existing sign, but rather a request to install a new, higher pole. The new sign would require state permits. 8 . RECOMM~Pb.1'l.Qli Based on the Observation and Findings of Fact, staff recommends denial of Conditional Use Permit 87-28. Respectfully submitted: R. ANN SIRACUSA Director of Planning ~' ro d ,~~ 'f,t'<'Zt'-1J;'l.4.~~--- SANDRA PAULSEN Acting Principal Planner Attachment A - Municipal Code and General Plan Conformance B - Findings of Fact C - Elevation - Existing and Proposed Off-premise Sign D - Existing On-premise Sign E - Location Map of Existing On-premise and Pro- posed Off-premise Signs F - Location Map SP:lmc PCAGENDA CUP8728-0 01:25:88 o o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-28 FINDINGS of FACT 5 02/02/88 9 AGENDA ITEM HEARING DATE PAGE ATTACHMENT B VARIANCE VARIANCE FINDINGS - (Section 19.74.020 SBMC) 1. There are no exceptional or extraordinary circumstances or conditions applicable to the property involved, to the intended use of the property, which do not apply generally to other property in the same zoning district and neighborhood in that no other business in the area has an off-premise sign designed to give freeway traffic directions to the business. 2. The variance enjoyment of applicant in no different is not necessary for the preservation and a substantial property right of the that the situation and site of the motel is than other business along Camino Real. 3. The granting of the variance could be materially detri- mental to the public welfare or injurious to property and improvements in the zoning district and neighborhood in which the property is located in that approval of this sign could set a precedent for future sign requests which could lead to a cluttered urban environment. 4. Granting the variance could be contrary to the purposes of the updated general plan, which will include urban design and quality of life factors, the intent of which is to raise standards. SP:lmc PCAGENDA CUP87-28FV 01:26:88 d o o 1 tlt.Ct'-." r i " Existing Height - 24 ft. o/~ E.,.c.""'\G;l.~l-'-"'"'<' \L-L-\.,.1t-'\.. e.\'-L- &~ct.D ~''''u ~L......E::Y.q,"-11_e-" o , o .' ~ . o I II "( 1Ct.""INT E,.r'~"I""""'" P'-~w,,4tO .........c..~ ~D N"-W' c.~t>(. p->\-ACK e.....c.IC.Ct\R...ur-Ja .......... <::c~"< 4 S...~D..C eUT"'~CUP ""'(S""'C)I,o.J. itS_,N'" e>"""TINe..~"'" 8\-J'o'c...... Ll4tt!> .........TINe.. e:....Te:<<....."" I-I~HT1N&or. ATTACHMENT C .....:......."'"'.. .,.....'-.! "''''''''IIil4.._ c ATTACHMENT D --t- t- a""- 0" . ~ , -' ~ ,0 I 18 \a'* 'P1"'e. IrVSTA~~ c..1f T WA"~ 6"<:H ,SIDE - .s6& .^,w-IUC,,~'AJtS-. '" .1 "I j-f , 'L .~ ~ II - /.a. 61o.M ,.'Z......O.:. Cp...~ t J.- .r:=~..ccul'N" EXISTING ON-PREMISE FREEWAY SIGN (Var. 86-4) o , o -, ~ . d ATQCHMENT E 0 PROPOSED OFF-PREMISE AND EXISTING ON-PREMISE SIGNS CITY OF SAN BERNARDINO PlANNt.lG DEPARTMENT LOCATION CASE Conditional Use Permit R7-?R HEARING DATE 02102/88 "0.' CoM II CoM CoM C'3A N . '" .. c, 5 .. >- I CoM CoM % c:l 115 CoM C-3A % ... I .... (A)* c .... I en a: C3A C3A ... CoM .... ~ - (B). -- ~O~ CO( v @ A-Proposed Off-premise Sign CoM CoM - INTERSTATE @ -== ( .. B-Existing On-premise Freeway Sign r distance A to B approx. 680 ft. o ~ AGENDA ITEM # 5 M-I . e o ATTACHMENT F o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT AGENDA ITEM # LOCATION CASE Conditional Use Permit 87-28 5 HEARING DATE 02/02/88 \.. )~o" CO\.l I "0" I LCm-LIMI1S Dr. SouthSITE C-3A CoM I CoM { '" .... ~ '" It: '" CoM .... ~ ~ l C3A C3A Fairway )~ co( Drive -0:' ~ ~, r