HomeMy WebLinkAboutR33-Economic Development Agency
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Redevelopment Agency of the City of San
Bernardino Policy regarding Freeway
Oriented Electronic Message Signs
DATE:
December 9,2010
Synopsis of Previous Commission/Council/Committee Action(s):
On September 9, 2010, Redevelopment Committee Members Johnson, Marquez and Brinker unanimously voted to recommend
that the Community Development Commission consider this action for approval.
Recommended Motion(s):
(Communitv Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing
the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to
implement the proposed policy regarding Freeway Oriented Electronic Message Signs
Contact Person(s):
Project Area(s):
Supporting Data Attached:
John Oquendo
All Redevelopment Project Areas
Phone:
(909) 963-5016
Ward(s):
City- Wide
IiI Staff Report IiI Resolution(s) 0' Policy/Agreement(s)/Contract(s) 0' Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $
N/A
Source:
Signature:
i2L
Budget Authority:
N/A
N/A
mil A. Marzullo, Interim E
Fiscal Review:
Commission/Council Notes:
P:\AgendasIComm Dev CommissionlCDC 2010112-20-10 Electronic Freeway Signs EDA Policy SR.docx
COMMISSION MEETING AGENDA
Meeting Date: 12/20/2010
p, ?>3
Agenda Item Number:
ECONOMIC DEVELOPMENT AGENCY
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------_.
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
POLICY REGARDING FREEWAY ORIENTED ELECTRONIC MESSAGE SIGNS
BACKGROUND:
The Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (the
"Agency"), directed Agency Staff to evaluate the number of developed or developing Freeway
Oriented Electronic Message Signs within the City of San Bernardino ("City") and in redevelopment
project areas. It was learned that there are approximately seven electronic message sign projects that
have either been approved or are in process within this category. At least two of which will require the
written consent of the Agency under the State regulations (California Business and Professions Code,
Division 3, Chapter 2, & California Code of Regulations, Title 4, Division 6) that permit outdoor
advertising adjacent to freeways. The attached map and table (as attached to the Resolution) describes
the location of these signs along with a brief description.
Discretionary authority for the construction of Electronic Message Signs is granted to the City of San
Bernardino Planning Commission pursuant to Section 19.22.080(7) of the City's Development Code.
Signs are evaluated on size, height, location and design, and are either approved or denied based upon
the findings of fact entered into the record during a public hearing. Within the nine development
standards for such signs is a requirement for the approval of a license agreement with the City.
Typically, the license agreement contains provisions regarding the requirement of public broadcast
time for the display of community oriented messages on the sign. Currently, the Development Code
only allows new displays in the Central City South and South East Industrial Park Redevelopment
Project Areas.
The Outdoor Advertising Act (California Business and Professions Code, Division 3, Chapter 2) and
Outdoor Advertising Regulations (California Code of Regulations, Title 4, Division 6) control
Electronic Message Signs visible from the freeway system. These regulations generally restrict new
Outdoor Advertising (signs which advertise activities, products or services not occurring on the
property that they are located on, or that are not incidental to the principal activity conducted on the
property). These regulations are generally less restrictive for on-premise advertising displays, signs
that are located on same the property for which the activity or business is taking place, and only
display copy related to that business and its activities. Additionally, new signs are also considered on-
premise displays if they are located in a redevelopment project area and are restricted to displaying
only businesses and activities located within the redevelopment project area, provided the sign has the
written authorization ofthe local redevelopment agency.
There are five separate authorizations required, including, (1) the entitlements, (2) the required City
license agreement, (3) the Caltrans authorization pursuant to the Outdoor Advertising Act and
Regulations, (4) the approval of the Agency, and (5) the permit for construction. The Agency
authorization as required under the Outdoor Advertising Act and Regulations can only be obtained
through the official action of the governing body of the Agency which for the City of San Bernardino
is the Community Development Commission ("CDC").
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P:\Agendas\Comm Dev Commission\CDC 2010\12-20-10 Electronic Freeway Signs EDA Policy SR.docx
COMMISSION MEETING AGENDA
Meeting Date: 12/20/2010
Agenda Item Number:
f2..~~
Economic Development Agency Staff Report
Proposed Economic Development Agency Policy - Freeway Signs
Page 2
CURRENT ISSUE:
In an effort to make the entitlement and permitting procedure for such signs more efficient, Agency
management proposes approval of a new policy that will allow for the immediate evaluation of all new
Freeway Visible Electronic Message Sign proposals. The new policy will permit the Agency to provide the
Agency Staff determination on such signs prior to review by the Planning Commission and allow Agency
Staff to stipulate terms of implementation to ensure a minimum public benefit from qualifying projects.
Such policy will also allow for the issuance of the Agency's written approval following action by the CDC.
In order to effect the above changes, it is recommended that the following written policy be adopted:
"This policy shall apply to all new on-premise advertising displays requiring the authorization
of the Redevelopment Agency of the City of San Bernardino ("Agency'') pursuant to the Outdoor
Advertising Act (California Business and Professions Code, Division 3, Chapter 2) and Outdoor
Advertising Regulations (California Code of Regulations, Title 4, Division 6). Prior to the
authorization of new Freeway Visible Electronic Message Signs ("Signs'') by the City of San
Bernardino Planning Commission, the Executive Director of the Redevelopment Agency of the City of
San Bernardino ("Executive Director") shall review and evaluate the applicable new proposals upon
submittal to the Community Development Department to determine the consistency of such Signs with
the criteria of the policy contained herein. Signs shall demonstrate consistency with the goals and
policies of the applicable Redevelopment Plan and shall not diminish the overall appearance of the
community. In an effort to advance standard provisions for development of such projects, all Signs
requiring the authorization of the Agency through the action of the Community Development
Commission of the City of San Bernardino ("CDC'') shall be required to execute the form of the City
License Agreement containing the following Agency standard provisions: the Sign shall only advertise
businesses and activities within the redevelopment project area where the advertising display is placed,
signs shall reserve a minimum three (3) minutes per hour of broadcast time for display of community
oriented messages (to be submitted on an on-going basis by the City Manager's Office and/or (an)
Authorized Agency Representative(s)), display owners and/or operators shall maintain a record of all
messages displayed on the sign and shall submit on a monthly basis a report of this information to the
Agency. Upon completion of review, the Executive Director with the concurrence of the
Redevelopment Committee of the City of San Bernardino may provide a recommendation on the
proposed Sign to the Community Development Department.
Following approval of the Sign by the City of San Bernardino Planning Commission and the
expiration of all appeal periods, the CDC may consider authorizing the Executive Director to provide
to the California Department of Transportation ("Caltrans'') the necessary documents as required by
the Outdoor Advertising Act and Regulations in addition to the following: a map of the subject
redevelopment project area, a list of qualifying businesses and activities located in the specified project
area, and certification in writing that the project is located within the boundaries of the designated
redevelopment project area and will only advertise businesses and activities within the redevelopment
project area where the advertising display is located. The Agency shall be responsible for maintaining
the list of qualifying businesses and activities operating within the specified redevelopment project
area. In addition, the Executive Director shall have the authority to monitor the required advertising
report and revoke the authorization should the Sign be deemed to be not in compliance with the terms
set forth in the Agency's standard provisions as contained in the City's License Agreement. "
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P:\Agendas\Comm Dev Commission\CDC 2010\12-20-10 Electronic Freeway Signs EDA Policy SR.docx COMMISSION MEETING AGENDA
Meeting Date: 12/20/2010
Agenda Item Number:
J2-"'63
Economic Development Agency Staff Report
Proposed Economic Development Agency Policy - Freeway Signs
Page 3
ENVIRONMENTAL IMPACT:
The proposed action is exempt from the provisions of the California Environmental Quality Act (CEQA),
California Code of Regulations Title 14, Division 6, Chapter 3 Sections 15000-15387, pursuant to Section
15311 as the proposed policy applies to the construction of new on-premise signs, a class of project
determined to not have a significant effect on the environment.
FISCAL IMPACT:
This action has no fiscal impact.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
;t2~/
Emil A. Marzullo, Interim
---------------------------------------------------------------------------------------------------------------------------------------------------------.
P:lAgendas\Comm Dev Commission\CDC 2010\12-20-10 Electronic Freeway Signs EDA Policy SR.docx
COMMISSION MEETING AGENDA
Meeting Date: 12/20/2010
Agenda Item Number:
/'2.-"33
1
2
3
4
5
6
RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
IMPLEMENT THE PROPOSED POLICY REGARDING FREEWAY
ORIENTED ELECTRONIC MESSAGE SIGNS
WHEREAS, the Outdoor Advertising Act (the "Act," California Business and Professions
7 Code, Division 3, Chapter 2) and Outdoor Advertising Regulations (the "Regulations," California
8 Code of Regulations, Title 4, Division 6) control Electronic Message Signs visible from the
9 freeway system; and
10 WHEREAS, ~2244 of the Regulations provides that a new sign within a redevelopment
11 project area may be considered an on-premise display when the local redevelopment agency
12 certifies to the California Department of Transportation ("Caltrans") that the sign display is
13 restricted to displaying only businesses and activities within the redevelopment project area in
14 which it is located; and
15
WHEREAS, the applicable City of San Bernardino ("City") regulations for new Freeway
16 Oriented Electronic Message Signs are located in ~19.22.080(7) of the City Development Code;
17 and
18
WHEREAS, due to the number of projects involving freeway signs in various stages of
19 processing, as shown in the attached Exhibit "A", it has been determined that a written policy
20 specifying a procedure for the Agency's review is necessary; and
21
WHEREAS, the Agency desires to implement a policy pertaining to the review of freeway
23
22
oriented electronic signs to read as attached hereto in Exhibit "B".
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
24 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
25 FOLLOWS:
26
Section 1. The Community Development Commission of the City of San Bernardino (the
27
"Commission") hereby finds and determines that the facts and circumstances set forth in the
28
Recitals hereof are true and correct in all respects.
1
P:\AgendasIResolutionslResolutions\2010\12-20-10 Electronic Freeway Signs Policy CDC Reso.docx
1 Section 2. The Commission hereby approves the policy as set forth in Exhibit "B" as
2 attached hereto.
3 Section 3. This Resolution shall take effect from and after its date of adoption by this
4 Commission.
5 /1/
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7 /1/
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16 //1
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2
P:\AgendasIResolutionslResolutions\2010\12-20-IO Electronic Freeway Signs Policy CDC Reso.docx
1
2
3
4
5
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
IMPLEMENT THE PROPOSED POLICY REGARDING FREEWAY
ORIENTED ELECTRONIC MESSAGE SIGNS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
6
Development Commission of the City of San Bernardino at a
7 meeting thereof, held on the day of
8
9 Commission Members: Ayes Nays
10 MARQUEZ
DESJARDINS
11
BRINKER
12
SHORETT
13
KELLEY
14
JOHNSON
15
MC CAMMACK
16
17
18
19 The foregoing Resolution is hereby approved this
20
21
22
23
24
25
26 Approved as to Form:
27 By: ~~
28 Agency 0 el
,2010, by the following vote to wit:
Abstain
Absent
Secretary
day of
,2010.
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
3
P:lAgendaslResolutionslResolutions\2010\12-20-10 Electronic Freeway Signs Policy CDC Reso.docx
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Meeting Date: 12/20/2010, 5
EXHIBIT "B"
"This policy shall apply to all new on-premIse advertising displays requmng the
authorization of the Redevelopment Agency of the City of San Bernardino ("Agency") pursuant
to the Outdoor Advertising Act (California Business and Professions Code, Division 3, Chapter
2) and Outdoor Advertising Regulations (California Code of Regulations, Title 4, Division 6).
Prior to the authorization of new Freeway Visible Electronic Message Signs ("Signs") by the City
of San Bernardino Planning Commission, the Executive Director of the Redevelopment Agency
of the City of San Bernardino ("Executive Director") shall review and evaluate the applicable
new proposals upon submittal to the Community Development Department to determine the
consistency of such Signs with the criteria of the policy contained herein. Signs shall
demonstrate consistency with the goals and policies of the applicable Redevelopment Plan and
shall not diminish the overall appearance of the community. In an effort to advance standard
provisions for development of such projects, all Signs requiring the authorization of the Agency
through the action of the Community Development Commission of the City of San Bernardino
("CDC") shall be required to execute the form of the City License Agreement containing the
following Agency standard provisions: the Sign shall only advertise businesses and activities
within the redevelopment project area where the advertising display is placed, signs shall reserve
a minimum three (3) minutes per hour of broadcast time for display of community oriented
messages (to be submitted on an on-going basis by the City Manager's Office and/or (an)
Authorized Agency Representative(s)), display owners and/or operators shall maintain a record
of all messages displayed on the sign and shall submit on a monthly basis a report of this
information to the Agency. Upon completion of review, the Executive Director with the
concurrence of the Redevelopment Committee of the City of San Bernardino may provide a
recommendation on the proposed Sign to the Community Development Department.
6
l\,{ppt;nCT n",tp' 1 ')f')Of')Ol 0
EXHIBIT "B"
Following approval of the Sign by the City of San Bernardino Planning Commission and
the expiration of all appeal periods, the CDC may consider authorizing the Executive Director to
provide to the California Department of Transportation ("Caltrans") the necessary documents as
required by the Outdoor Advertising Act and Regulations in addition to the following: a map of
the subject redevelopment project area, a list of qualifying businesses and activities located in the
specified project area, and certification in writing that the project is located within the boundaries
of the designated redevelopment project area and will only advertise businesses and activities
within the redevelopment project area where the advertising display is located. The Agency shall
be responsible for maintaining the list of qualifying businesses and activities operating within the
specified redevelopment project area. In addition, the Executive Director shall have the authority
to monitor the required advertising report and revoke the authorization should the Sign be
deemed to be not in compliance with the terms set forth in the Agency's standard provisions as
contained in the City's License Agreement."
7
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