HomeMy WebLinkAbout34-Community Development . ORIGINAL
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
From: M. Margo Wheeler, Director Subject: A request for a Conditional Use Permit
to utilize a portion of an existing on-premise
Dept: Community Development freeway sign located at 895 West Rialto Avenue
as an electronic message center for the Mt.
Date: June 6, 2011 Vernon redevelopment project area(CUP 11-05).
MCC Date: June 20,2011
Synopsis of Previous Council Action:
None.
Recommended Motion:
That the hearing be closed and that Conditional Use Permit No. 11-05 be denied based on the
findings of fact in the Planning Commission Staff Report.
M. Margo Wheeler, AICP
Contact person: Terri Rahhal, City Planner Phone: 3330
Supporting data attached: Staff Report& Ordinance Ward: 1
FUNDING REQUIREMENTS: Amount: N/A
Source:
Acct. Description:
Finance:
Council Notes:
Agenda Item No. y
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i
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
A request for a Conditional Use Permit to utilize a portion of an existing on-premise freeway sign
located at 895 West Rialto Avenue as an electronic message center for the Mt. Vernon
redevelopment project area(CUP 11-05).
APPLICANT: REPRESENTATIVE
Kenny Renfro/Games for Fun Quiel Brothers Electric Sign Company, Inc.
895 West Rialto Avenue 272 South"I" Street
San Bernardino, CA 92410 San Bernardino, CA 92410
Proposed Project:
Conditional Use Permit (CUP) No. 11-05 is a proposal to utilize part of an existing on-premise
freeway sign advertising Games for Fun as an electronic message center (EMC) sign for
advertising businesses in the Mt. Vernon redevelopment project area. The face area of the
existing sign is 346 sq. ft. The top portion of the sign is a 153-sq. ft. static display advertising
Games for Fun. The applicant proposes to make the lower portion of the sign, a 193-sq. ft. black
and yellow incandescent message board, available for off-site advertising.
Staff recommended denial of the proposal to permit off site advertising on the Games for Fun
sign, on the basis that using an incandescent message board on the lower half of an on-premise
sign would not be a suitable medium for promotion of the Mt. Vernon redevelopment project
area. A more complete analysis of CUP 11-05, including photos of the sign, a location map, and
an exhibit of existing and approved electronic signs on the 1-215 corridor are attached in the May
25, 2011 Planning Commission Staff Report (Attachment 1). Conditions of approval are also
included in Attachment 1, in case the Council should choose to approve CUP 11-05.
Development Code Amendment Proposal
Development Code Amendment (DCA) No. 11-03 was submitted by the applicant to propose
adding the Mt. Vernon redevelopment project area to the list of "sites" approved for EMC
signage. Staff recommended alternative wording for the DCA to require a recommendation from
the RDA Committee prior to submittal of a CUP application for an off-site EMC sign. Approval
of CUP 11-05 depends on adoption of DCA 11-03 in one form or another. At the time of writing
this staff report,the EMC proposal has not yet been reviewed by the RDA Committee.
California Environmental Quality Act(CEQA) Compliance
Approval of CUP 11-05 would be exempt from environmental review pursuant to Section 15301
of the CEQA Guidelines as a minor alteration of an existing structure.
2
Applicant's Response to the Staff Recommendation
The applicant's representative submitted a rebuttal to the findings and recommendation for
denial of CUP 11-05 (Attachment 2). The attachment compares the subject sign to the EMC sign
approved for a site adjacent to I-10 at Hunts Lane. That sign, depicted in Attachment 2, is a 540-
sq. ft. LED message center with an incidental identification of Loma Linda University at the base
of the EMC. The fact that Loma Linda University owns the sign, operates satellite classrooms on
the site and has branded the sign accordingly does not compare to the design of the existing
Games for Fun sign, which is 44% static on-premise display with the remaining band at the
bottom of the sign proposed for sale to others.
Planning Commission Recommendation:
The Planning Commission considered the proposed CUP and the concurrent Development Code
amendment, DCA 11-03 at a noticed public hearing on May 25, 2011. The Commission
recommended denial of CUP 11-05 to the Mayor and Common Council on a 5 —3 vote, based on
the findings of fact contained in the Planning Commission Staff Report. Commissioners Coute,
Heasley, Machen, Mulvihill and Sauerbrun voted to recommend denial. Commissioners Calero,
Durr and Eble voted against the denial recommendation. Commissioner Rawls was absent.
By the same vote, the Planning Commission approved use of the electronic message board
portion of the sign for on-premise advertising only. Planning Commission approval is required
for on-premise electronic signage, which had not been obtained before for the existing sign.
Public Hearing Notice:
Notice of the public hearing of this item was published in the San Bernardino County Sun on
June 10, 2011.
Financial Impact:
None anticipated.
Recommendation:
That the hearing be closed, and that Conditional Use Permit No. 11-05 be denied based on the
findings of fact in the Planning Commission Staff Report.
Attachments:
Attachment 1 —Planning Commission Statement of Action and 5/25/11 Staff Report
Attachment 2—Applicant's Response to the Staff Recommendation
3
VRt
T CITY OF SAN BERNARDINO ATTACHMENT 1
NOED 1N ` STATEMENT OF PLANNING COMMISSION ACTION
PROJECT
Number: Conditional Use Permit No. 11-05
Owner: KLR Property LLC
Applicant: Quiel Bros. Electric Sign Co.
Description: A request to modify an existing on-premise freeway sign with a 346
sq. ft. sign face to serve as an electronic message center sign for the
Mt. Vernon Redevelopment Project Area. The site is located at 895
West Rialto Avenue, on the west side of the I-215 freeway, in the IL,
Industrial Light land use district.
ACTION: RECOMMENDED DENIAL
Meeting Date: May 25, 2011
The Planning Commission recommended denial of Conditional Use Permit No. 11-05, for
consideration by the Mayor and Common Council concurrent with Development Code
Amendment No. 11-03.
VOTE
Ayes: Coute,Heasley, Machen,Mulvihill and Sauerbrun
Nays: Calero, Durr and Eble
Abstain: None
Absent: Rawls
I hereby certify that this Statement of Official Action accurately reflects the action of the
Planning Commission of the City of San Bernardino. The matter will be referred to the Mayor
and Common Council for final action on June 20, 2011.
i
--'A Margo Wheeler, AICP Date
Community Development Director
cc: Case File, Department File,Plan Check
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: Conditional Use Permit No. 11-05
AGENDA ITEM: 8
HEARING DATE: May 25, 2010
WARD: 1
APPLICANT: REPRESENTATIVE:
Kenny Renfro/Games for Fun Quiel Brothers Electric Sign Company, Inc
895 West Rialto Avenue 272 South"I" Street
San Bernardino, CA 92410 San Bernardino, CA 92410
REQUEST/LOCATION:
A request to modify an existing on-premise freeway sign with a 346 sq. ft. sign face to serve as
an electronic message center sign for the Mount Vernon Redevelopment Project Area. The site is
located at 895 West Rialto Avenue, on the west side of the I-215 freeway, in the IL, Industrial
Light land use district.
CONSTRAINTS/OVERLAYS:
Freeway Corridor Overlay District
ENVIRONMENTAL FINDINGS:
iz Exempt from CEQA, Section 15301 —Existing Facilities
• No Significant Effect
• Mitigation Measures and Mitigation Monitoring/Reporting Program
❑ Environmental Impact Report
STAFF RECOMMENDATION:
❑ Approval Recommendation to Mayor and Council
0 Denial Recommendation to Mayor and Council
❑ Approval
❑ Continuance to:
CUP No. 11-05
PC Meeting Date:May 25,2011
Page 2
PROJECT DESCRIPTION
Conditional Use Permit (CUP) No. 11-05 is a request to modify an existing on-premise sign at
895 West Rialto Avenue to advertise businesses of the Mount Vernon Redevelopment Project
Area as an electronic message center (EMC) sign. The existing sign is a double-face sign with a
153 sq. ft. static display and a 193 sq. ft. electronic message board on each face. The total height
of the sign is 55 ft., and no structural alteration to the sign is proposed. (Attachment C).
CONCURRENT APPLICATION
CUP 11-05 was submitted concurrently with Development Code Amendment (DCA) 11-03, a
proposal to revise Development Code Section 19.22.080(7)(A) to add the Mount Vernon
Redevelopment Project Area to the list of project areas approved for Electronic Message Center
(EMC) freeway signage. Approval of the concurrent DCA application is necessary for approval
of the subject EMC sign proposal. Staff is recommending alternative wording for the DCA that
will still accommodate EMC signage for the Mount Vernon Redevelopment Project Area. For
details,refer to the Staff Report for DCA 11-03.
SETTING AND SITE CHARACTERISTICS
The project site is located at the southeast corner of Rialto Avenue and "I" Street, adjacent to the
west side of I-215, in the IL, Industrial Light land use district (Attachment A). The site is
occupied by Games for Fun, a company that manufactures and sells pool tables and other game
tables and accessories. The subject sign is located in the parking lot of the project site.
LOCATION GENERAL PLAN LAND USE EXISTING LAND USE
Subject Site Industrial Light(IL) Game Production and Sales
North Industrial Light(IL) Light Industrial/Warehouse
South Industrial Light(IL) Light Industrial
East Public Right of Way I-215
West Residential Suburban(RS) Single Family Residences
CUP No. 11-05
PC Meeting Date:May 25,2011
Page 3
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed project is exempt from CEQA under Section 15301 of the CEQA Guidelines, as a
minor alteration to an existing structure.
BACKGROUND
• June 9, 2009—Permit issued to install existing sign at 895 West Rialto Avenue
• March 29, 2011 —DCA 11-03 and CUP 11-05 submitted for review.
• April 4, 2011 —Applications deemed complete and routed for internal review.
• April 18, 2011 —Applications scheduled for May Planning Commission meeting.
• May 11, 2011 —CUP 11-05 referred to RDA Committee for review.
ANALYSIS—CONFORMANCE TO EMC SIGN STANDARDS
The project site is located in the IL land use district, which permits signage in accordance with
Chapter 19.22 of the Development Code (Signs). §19.22.080(7)(A) specifies development
standards for freeway-oriented EMC signs. Off-site advertising on freeway EMC signs is only
permitted for redevelopment project area signs, which are treated as an on-premise signs under
the Outdoor Advertising Act. The concurrent DCA application proposes to add the Mount
Vernon Project Area to the areas listed in §19.22.080(7)(A)where redevelopment EMC signs are
permitted. The following are other key requirements of§19.22.080(7):
Height: The maximum height of an EMC sign is 50 feet above the grade of the adjacent freeway.
The existing Games for Fun sign is only 55 feet tall, and the adjacent freeway structure is
elevated, so the existing sign complies with the height requirement.
Brightness Control: The Development Code requires automatic dimming controls to adjust the
LED display of the EMC sign based on ambient conditions, which can be required as a condition
of approval..
Caltrans Permit: A permit from the State Department of Transportation (Caltrans) is required for
freeway-oriented EMC signs. Part of the Caltrans permit process will require certification from
the City Redevelopment Agency that the proposed EMC sign will be eligible for permitting as an
on-premise redevelopment project area sign.
License Agreement: A license agreement with the City is required for any EMC sign. The
agreement is subject to approval by the Mayor and Common Council, and may address message
content, message time for public service announcements, and revenue sharing provisions.
Separation Standard: The Caltrans separation standard for electronic freeway signs is 1,000 feet.
§19.22.080(7) carries that standard forward. The existing Games for Fun sign is located between
the existing Arrowhead Credit Union EMC and the site of the EMC sign approved for
construction at the southeast corner of 3rd and "I" Streets, and meets the 1,000-ft. standard
separation from both. Attachment B plots all downtown freeway signs, with a 500-ft. radius
buffer around EMC signs.
CUP No. 11-05
PC Meeting Date:May 25,2011
Page 4
ANALYSIS OF SUBJECT EMC SIGN PROPOSAL
The proposal to use the existing on-premise "Games For Fun" sign as an EMC for the Mount
Vernon Redevelopment Project Area does not provide an ideal advertising opportunity for other
businesses in the project area. Approximately 44%of the sign face is the existing Games for Fun
static sign. The prominence of the static portion of the sign would create a confusing mixed
message for other businesses that might advertise on the sign, detracting from the value of the
EMC for promotion of the Mount Vernon Redevelopment Project Area. Therefore, staff
recommends denial of CUP 11-05.
Section 19.22.150, Table 022.01 requires design review by the Planning Commission for
freeway signage with an EMC component for on-premise advertising. The subject sign was
permitted based on a plan to relocate an existing sign, which did not reference an electronic
feature. With this review, staff recommends that the Planning Commission approve the design of
the existing sign for on-premise advertising on the EMC.
FINDINGS OF FACT:
1. The proposed use is conditionally permitted in the subject land use district, but may
impair the integrity and character of the subject land use district, and the proposed use
would require amendment to the Development Code.
The proposed electronic message center sign is conditionally permitted pursuant to
Section 19.22.080 (7) of the Development Code, subject to approval of the concurrent
request to amend Section 19.22.080 (7) to permit EMC signage for the Mount Vernon
Redevelopment Project Area. However, the proposal to combine on-site and off-site
advertisement on the same sign would impair the integrity of the IL land use district by
presenting confusing, potentially conflicting messages.
2. The proposed use is not consistent with the General Plan.
The proposal to utilize only a portion of an existing on-site advertising sign to serve as an
electronic message center for the Mount Vernon Redevelopment Project Area would not
showcase the project area, and would therefore conflict with the following goals and
policies of the General Plan:
Goal 4.3: "Continue and expand the City's marketing and promotional campaigns".
Goal 4.10: "Utilize all available Redevelopment Agency/City tools to revitalize and
enhance strategic areas of the City".
Polio: "Entries into the City and distinct neighborhoods should be well defined or
highlighted to help define boundaries and act as landmarks."
Policy 5_3.5: "Create entry improvements to help identify distinct districts;..."
CUP No. 11-05
PC Meeting Date:May 25,2011
Page 5
3. The approval of the Conditional Use Permit for the proposed use is in compliance with the
requirements of the California Environmental Quality Act and Section 19.20.030(6) of the
Development Code.
The proposed project is exempt from the California Environmental Quality Act (CEQA)
requirements per §15301 of the State CEQA Guidelines, as a minor alteration to an existing
structure. The procedures of Section 19.20.030(6) were followed in making the
environmental determination.
4. There will be no potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored.
As noted in Finding No. 3, this project complies with CEQA and Development Code
requirements relative to environmental analysis. No significant impacts on environmental
quality or natural resources have been identified as potential results of the project. The site
is fully disturbed and has no habitat value. Therefore, no mitigation is required.
5. The location, size, design, and operating characteristics of the proposed use are not
compatible with the existing and future land uses within the general area in which the
proposed use is to be located and may create significant noise, traffic or other conditions
or situations that may be objectionable or detrimental to other permitted uses in the
vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City.
The proposal to utilize only a portion of an existing on-premise sign to provide a
redevelopment project area EMC is not compatible with other on-premise advertising signs
in the surrounding area. Although the sign will not create noise or traffic impacts, it may
affect public safety by becoming a confusing distraction to motorists on I-215. The stated
proposed use of the EMC is to advertise businesses of the Mount Vernon Redevelopment
Project Area. Presenting ads for project area businesses beneath a prominent static display
for the on-site business would be a confusing mixed message, adverse to the public interest
in promoting the Mount Vernon Redevelopment Project Area.
6 The subject site is physically suitable for the type and density/intensity of use being
proposed.
The subject site is physically suitable for the existing sign, and no structural modification is
proposed in conjunction with the request to establish an electronic message center sign.
The site has adequate access and area to accommodate the existing sign.
7. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public health and
safety.
The site has adequate public access and utility services from Rialto Avenue and "I" Streets.
Existing water, sanitation services and other utilities are available to the site. The presence
of the sign will not affect public health and safety.
CUP No. 11-05
PC Meeting Date:May 25,2011
Page 6
CONCLUSION
The proposed Electronic Message Center sign does not satisfy the findings of fact required for
approval of CUP 11-05, to convert a portion of the existing on-premise Games for Fun sign
located at 895 West Rialto Avenue to serve as a redevelopment EMC sign for the Mount Vernon
Redevelopment Project Area. Standard conditions of approval are attached (Attachment D) in
case the Planning Commission decides to forward a recommendation for approval to the Mayor
and Common Council. Staff recommends approval of the existing EMC sign for on-premise
advertising only.
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Recommend denial of Conditional Use Permit No. 11-05 to the Mayor and Common
Council, based on the Findings of Fact contained in the Staff Report; and
2. Approve the EMC portion of the existing sign for on-premise advertising only.
Respectfully Submitted,
Terri Rahhal, AICP
City Planner
Approved for Distribution,
i
M. Margo Wheeler, AICP
Community Development Director
Attachment A Location Map and Aerial
Attachment B Freeway Sign and EMC Location Map
Attachment C Site Plan and Sign Design Details
Attachment D Conditions of Approval
ATTACHMENT A
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: DCA 11-03 AND CUP 11-05
LOCATION MAP NORTH
HEARING DATE: 5/25/11
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PROJECT: 1 CA 11-03 AND 1
LOCATION
HEARING DATE: 5/25/11
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t 1 Country Inn Motel
2 Achamak Service Station ,.x
3 Leisure Inn Motel
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4 In-N-Out 5th Street(Proposed)
s 5 Sunwest Printers L
6 FC Services(Proposed Uptown Elec.Reader) . ^
' 7 Carousel Mall
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17 Shell Service Station :ESPERANZA .�
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ATTACHMENT C
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sign cabinet,painted
' 0 MAP 41-342 Silver enamel.
0 O D D White plex faces.
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Original Drawing - •ns NOTES USTOMER APPROVAL
ley PHONE NO.:909-383-4086 Original 1.75 Nancy 4/06/8 Approval for Size,Design&Colors
n A Revised pole .25 Nancy 4/09/8
►ve.. San Bernardino, CA
B Revised to center pole mount .25 NKP 8/25/10
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es for Fun 08072-2C ermit C City submittal plan .25 NKP 3/22/11 Date
PDo to I milations of the printing process
D9 SERVICE NO.: colorwill vary on finished product
R. JOB NO.:
DRAWING NO.:08072-2C permit Number Revision Description Time Sales Date
ATTACHMENT C
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Existing Sign
A request to modify the existing freeway sign with message center to provide signage
in the "Mt. Vernon Corridor" Redevelopment area. Sign is located at the property on
the West site of the 215 Fwy @ the Southeast corner of Rialto Ave & I Street.
Cabinet Pole Accents
Colors
FLNA Black Map 41-342 Painted to match _
99 enamel Silver enamel 230-337 Process
Blue
DRAWINGS ARE FOR ILLUSTRATIVE PURPOSES ONLY,SCALES,DIMENSIONS AND LO
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Coachella Valley (760)347-8370•High Desert (760)955-7446 planned for you and the business you represent,and is not to be exhibited to anyone Fax: (909)888 2239• Sales @quielsigns.com outside your organization or reproduced,or copied by anyone,unlessouthkationis AWN BY: Gerald
obtained from an officer of Quiel Bros,Electric Sign Co.,Inc.in wtiting LESPERSON: Sheri
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ATTACHMENT D
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 11-05
1. This Conditional Use Permit authorizes operation of an electronic message center
(EMC) sign for the Mount Vernon Redevelopment Project Area on an existing
sign located at 895 West Rialto Avenue. This approval is contingent on approval
of the concurrent application, DCA No. 11-03, to amend Development Code
§19.22.080(7)(A) to permit an off-site EMC sign for the Mount Vernon project
area. The subject existing sign is 55 ft. in height, with a total sign face area of 346
sq. ft., comprised of a 193 sq. ft. changeable electronic message display and a 153
sq. ft. static panel identifying the on-premise business. No new construction or
alteration of the existing sign is authorized by this approval. The sign is located
on the west side of I-215, at the southeast corner of Rialto Avenue and "I" Street,
in the IL, Industrial Light land use district.
(APN 0136-011-39).
2. Within two years after the effective date of this approval, all requirements stated
in the conditions, including execution of a licensing agreement, shall be
completed or this permit/approval shall become null and void. Approval of this
Conditional Use Permit does not authorize advertisement of any business other
than the on-premise business on the subject sign.
Expiration Date: 24 Months after effective date of DCA No. 11-03
3. The review authority may, upon application and for good cause, grant one
extension of time not to exceed 12 months. The applicant shall file an application,
processing fees, and all required application materials 30 days prior to the
expiration date. The review authority shall ensure that the project complies with
all current Development Code provisions in effect at the time of the application
for an Extension of Time.
4. In the event this approval is legally challenged, the City will promptly notify the
applicant of any claim, action or proceeding and will cooperate fully in the
defense of the matter. Once notified, the applicant agrees to defend, indemnify
and hold harmless the City of San Bernardino (City), the Economic Development
Agency of the City of San Bernardino (EDA), any departments, agencies,
divisions, boards or commission of either the City or EDA as well as
predecessors, successors, assigns, agents, directors, elected officials, officers,
employees, representatives and attorneys of either the City or EDA from any
claim, action or proceeding against any of the foregoing persons or entities. The
applicant further agrees to reimburse the City or EDA for any costs and attorneys'
fees which the City or EDA may be required by a court to pay as a result of such
action, but such participation shall not relieve applicant of his or her obligation
under this condition.
CUP 11-05 Conditions of Approval
Planning Commission Meeting Date:5125111
Page 2 of 2
The costs, salaries, and expenses of the City Attorney and employees of his office
shall be considered "attorneys fees" for the purpose of this condition. As part of
the consideration for issuing this permit, this condition shall remain in effect if
this Conditional Use Permit is rescinded or revoked, whether or not at the request
of applicant.
5. A license agreement shall be approved by the Mayor and Common Council
pursuant to Section 19.22.080(7)(G) of the Development Code prior to
advertisement of any business other than the on-premise business on the EMC
portion of the subject sign.
6. The electronic message center sign shall be equipped with an automatic dimming
feature that adjusts brightness according to ambient light levels, to maintain
optimum contrast and minimize glare. The owner shall be responsible for
maintaining the sign and brightness control in good operating condition.
7. If changes to the design of the sign, including different colors or finish materials,
are proposed in the future,the changes shall be submitted to the Planning Division
for a determination of substantial conformance to approved plans or referral to the
Planning Commission for a decision on the proposed design changes.
8. An outdoor advertising permit from Caltrans shall be issued prior to
advertisement of Mount Vernon Redevelopment Project Area businesses other
than the on-premise business on the electronic message center portion of the sign.
9. Authorization from the Economic Development Agency of the City shall be
required prior to application to Caltrans for the redevelopment project area EMC
permit.
End of Attachment D
ATTACHMENT 2
Conditional Use Permit #11-05 "Games for Fun"
• Analysis-Conformance to EMC Sign Standards - Page 3
Separation Standard
Caltrans separation standard for electronic freeway signs is 1,000 feet on the same side of the
freeway, not including signs on the opposite side of the freeway as the staff report mentions.
• Findings of Fact— Page 4
Item #1 as stated: The proposal to combine on-site and off-site advertisement on the same
sign would impair the integrity of the IL land use district by presenting confusing, potentially
conflicting messages.
The Sign Regulations (19.22) Table 022.01 "Sign Regulations by Land Use Category"
are the same standards for the previously approved RDA signs.
• There have been several Redevelopment Project Area signs approved with on-site and off-site
advertisements:
Such as: "Loma Linda University'and "Hospitality Business District"signs located within the
Southeast Industrial Park Redevelopment Project Area and are approximately 2,020 feet apart.
'Arrowhead Credit Union Park"in the Central City South Redevelopment Project Area
• Our request is the only Mt. Vernon Redevelopment Project Area Message Center sign.
• There has been interest shown in advertising on the sign by business owners' within the Mt.
Vernon Project Area.
• This sign will provide a more effective advertising for businesses that are not visible from the
freeway.
• This sign shall provide motorist with information addressing their current or future needs
• We found that the General Plan Goals are not consistent between the "Loma Linda University"
and "Games for Fun" RDA signs.
• The "Loma Linda University" sign does not meet the section of the sign code which states that
"EMC's permitted shall be (75% of sign area) which leaves 25% for sign identification.
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Redevelopment Project Area -Mt Vernon
ATTACHMENT C
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CUP No. 11-05
PC Meeting Date:May 25, 2011
Page 4
ANALYSIS OF SUBJECT EMC SIGN PROPOSAL
The proposal to use the existing on-premise "Games For Fun" sign as an EMC for the Mount
Vernon Redevelopment Project Area does not provide an ideal advertising opportunity for other
businesses in the project area Approximately 44% of the sign face is the existing Games for Fun
static sign. The prominence of the static portion of the sign would create a confusing mixed
message for other businesses that might advertise on the sign, detracting from the value of the
EMC for promotion of the Mount Vernon Redevelopment Project Area. Therefore, staff
recommends denial of CUP 11-05.
Section 19.22.150, Table 022.01 requires design review by the Planning Commission for
freeway signage with an EMC component for on-premise advertising. The subject sign was
permitted based on a plan to relocate an existing sign, which did not reference an electronic
feature. With this review, staff recommends that the Planning Commission approve the design of
the existing sign for on-premise advertising on the EMC.
FINDINGS OF FACT:
1. The proposed use is conditionally permitted in the subject land use district, but may
impair the integrity and character of the subject land use district, and the proposed use
would require amendment to the Development Code.
The proposed electronic message center sign is conditionally permitted pursuant to
Section 19.22.080 (7) of the Development Code, subject to approval of the concurrent
request to amend Section 19.22.080 (7) to permit EMC signage for the Mount Vernon
Redevelopment Project Area However, the proposal to combine on-site and off-site
advertisement on the same sign would impair the integrity of the IL land use district by
presenting confusing,potentially conflicting messages.
2. The proposed use is not consistent with the General Plan.
The proposal to utilize only a portion of an existing on-site advertising sign to serve as an
electronic message center for the Mount Vernon Redevelopment Project Area would not
showcase the project area, and would therefore conflict with the following goals and
policies of the General Plan:
Goal 4.3: "Continue and expand the City's marketing and promotional campaigns".
Goal 4.10: "Utilize all available Redevelopment Agency/City tools to revitalize and
enhance strategic areas of the City".
Policy 2.3.3: "Entries into the City and distinct neighborhoods should be well defined or
highlighted to help define boundaries and act as landmarks."
Polia 5.3.5: "Create entry improvements to help identify distinct districts;..."
CUP No. 11-05
PC Meeting Date:May 25,20/1
Page S
3. The approval of the Conditional Use Permit for the proposed use is in compliance with the
requirements of the California Environmental Quality Act and Section 19.20.030(6) of the
Development Code.
The proposed project is exempt from the California Environmental Quality Act (CEQA)
requirements per §15301 of the State CEQA Guidelines, as a minor alteration to an existing
structure. The procedures of Section 19.20.030(6) were followed in making the
environmental determination.
4. There will be no potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored.
As noted in Finding No. 3, this project complies with CEQA and Development Code
requirements relative to environmental analysis. No significant impacts on environmental
quality or natural resources have been identified as potential results of the project. The site
is fully disturbed and has no habitat value. Therefore, no mitigation is required.
S. The location, size, design, and operating characteristics of the proposed use are not
compatible with the existing and future land uses within the general area in which the
proposed use is to be located and may create significant noise, traffic or other conditions
or situations that may be objectionable or detrimental to other permitted uses in the
vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City.
The proposal to utilize only a portion of an existing on-premise sign to provide a
redevelopment project area EMC is not compatible with other on premise advertising signs
in the surrounding area. Although the sign will not create noise or traffic impacts, it may
affect public safety by becoming a confusing distraction to motorists on I-215. The stated
proposed use of the EMC is to advertise businesses of the Mount Vernon Redevelopment
Project Area Presenting ads for project area businesses beneath a prominent static display
for the on-site business would be a confusing mixed message, adverse to the public interest
in promoting the Mount Vernon Redevelopment Project Area.
6. The subject site is physically suitable for the type and density/intensity of use being
proposed.
The subject site is physically suitable for the existing sign, and no structural modification is
proposed in conjunction with the request to establish an electronic message center sign.
The site has adequate access and area to accommodate the existing sign.
7. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public health and
safety.
The site has adequate public access and utility services from Rialto Avenue and "I" Streets.
Existing water, sanitation services and other utilities are available to the site. The presence
of the sign will not affect public health and safety.
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CUP No. 10-07
January 26,2011
Page 4
TABLE 'A'—DEVELOPMENT CODE& GENERAL PLAN CONSISTENCY
7Si �u;. �'�Fai: W"` iR �t�3D ,:Off-site Consistent Consistent
Electronic Message
Center Si
540 sq. ft. Subject to Design N/A
Review by the
Planning Commission
Maximum Height 45 ft above freeway 50 ft above freeway N/A
grade(65 ft. total) grade(may be up to
75ft with fla test)
FIN_
1. The proposed use is conditionally permitted within, and would not impair the integrity
and character of the subject land use district, and complies with all of the applicable
provisions of this Development Code.
The proposed electronic message center sign is conditionally permitted pursuant to
Section 19.22.080 (7) of the Development Code. 'The proposed sign is designed to
complement and promote businesses on within the Southeast Redevelopment Project
Area. The proposed project complies with applicable standards in Section 19.22.080(7)
for off-site electronic message center signs, as well as other applicable provisions of the
Development Code, as noted in the Staff Report. Therefore, the proposed project would
not impair the integrity and character of the CR-3, Commercial Regional-Tri-City/Club
land use district.
2. The proposed use is consistent with the General Plan.
The proposed electronic message center sign would provide for more effective
advertising of businesses in the Southeast Industrial Park Redevelopment Project Area
consistent with the following General Plan goals and policies:
Goal 4.1: "Encourage economic activity that capitalizes on the transportation and
locational strengths of San Bernardino"
Goal 4.3: "Continue and expand the City's marketing and promotional campaigns".
L,OMA LaAJ 04 d4lv*
CUP No. 10-07
January 16, 2011
Page S
Community Design Policy 5.2.6 — "Ensure implementation of sign regulations, which
address issues of scale, type, design, materials, placement, compatibility, and
maintenance".
3. The approval of the Conditional Use Permit for the proposed use is in compliance with
the requirements of the California Environmental Quality Act and Section 19.20.030(6)
of the Development Code.
The proposed project is exempt from the California Environmental Quality Act (CEQA)
requirements per §15332 of the State CEQA Guidelines, as an in-fill development project
that can be adequately served by required utilities and public services. This determination
is consistent with Section 19.20.030(6)of the Development Code.
4. There will be no potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored
As noted in Finding No. 3, this project complies with CEQA and Development Code
requirements. No significant impacts on environmental quality or natural resources have
been identified as potential results of the project. The site is fully disturbed and has no
habitat value. Standard requirements for permitting and construction of the proposed
EMC sign will ensure that the project would not have significant impacts on
environmental quality or natural resources. Therefore, no mitigation required.
S. The location, size, design, and operating characteristics of the proposed use are
compatible with the existing and future land uses within the general area in which the
proposed use is to be located and will not create significant noise, traffic or other
conditions or situations that may be objectionable or detrimental to other permitted uses
in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of
the City.
The proposed electronic message center sign is designed to showcase and promote
businesses within the Southeast Industrial Park Redevelopment Project Area. The project
site is located at an optimum location to display an electronic message center that will
attract 1-10 travelers to the surrounding area. The proposed sign will not generate
additional noise or traffic. No objectionable or detrimental effects on the public interest,
health, safety, convenience or public welfare are expected to result from the proposed
project.
6. The subject site is physically suitable for the type and density/intensity of use being
proposed.
The subject site is physically suitable for construction of the proposed electronic message
center sign. The site has access, adequate area for construction of the sign and good
visibility from I-10, as needed to promote businesses within the Southeast Industrial Park
Redevelopment Project Area.
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home>Projects,Measure I:SB Valley Freeway projects>I-215
Interstate 215 Bi-County HOV Gap Closure
San Bernardino, Colton, Grand Terrace, Riverside
SANBAG is working with the Riverside County Transportation Commission(RCTC)and the California
Department of Transportation(Caltrans)to complete preliminary engineering and environmental a
studies to add a carpool lane in both directions on Interstate 215 between San Bernardino and
Riverside.This 7.5-mile project extends from the Orange Show Road interchange in San Bernardino
to the 60/91/215 interchange in Riverside and crosses the cities of Colton and Grand Terrace. s
Interstate 215 Bi-County HOV Gap Closure Project Fact Sheets Mobil M
(updated 08/02/10)
a English Project Fact Sheet I a Spanish Project Fact Sheet I=
Public Meeting Notice
This notice is to inform you of the preparation of the Draft Initial Study/Proposed Mitigated Negative Declaration(IS/MND)and
of its availability for you to read.A public hearing will be held to give you an opportunity to talk about certain design features of
the project with Caltrans staff before the final design is selected.The public hearing,in an open house format,will be held Dec.
13,2010,4-7 pm,at Grand Terrace Elementary School,12066 Vivienda Ave.,Grand Terrace,CA.
Official notice:a English 1 111111 Spanish
Meeting Flyer:a English l a Spanish
Read it online:
a Draft Initial Study/Proposed Mitigated Negative Declaration
d)f Appendix A:Figures
d Appendix B:Title VI
a Appendix C:ECR
a Appendix D:Acronyms
Got Questions?
For questions about the 1-215 HOV Gap Closure project,call:
• : : :
: : :
Calls will be returned by the next business day-
Project Overview Traffic Data&Studies Cost&Schedule Project Contacts
Commuting and Traffic Data
Source:Caltrans and Southern California Association of Governments.
• 80%of San Bernardino County commuters and 79%of Riverside County commuters drive to work alone each
day.
• San Bernardino County commuters spend an average of 43 minutes each way,traveling an average of 23.3
miles in each direction.Riverside County commuters spend slightly more time on the road—an average of 46
minutes each way,traveling 25.1 miles each way.
• Approximately 160,000 vehicles per day travel this section of I-215.An average of 10,000 vehicles per hour
travel during peak commute times.
• By 2040,an estimated 335,000 vehicles per day are expected in this area,and average peak hour traffic counts
are expected to grow to 21,000 per hour.
• Up to 18,000 trucks move freight through this area each day,with 34,000 projected daily by 2040.
http://www.sanbag.ca.orov/projects/mi_fwy_215-sb-riv.html 5/25/2011
i
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SANBAG: Measure I Freeway Projects Page 1 of 2
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home>Projects>Measure I:SB Valley Freeway projects>1-215
Interstate 215 Bi-County HOV Gap Closure
San Bernardino, Colton, Grand Terrace, Riverside -
SANBAG is working with the Riverside County Transportation Commission(ROTC)and the California
Department of Transportation(Caltrans)to complete preliminary engineering and environmental
studies to add a carpoo lane in both directions on Interstate 215 between San Bernardino and
Riverside.This 7.5-mile project extends from the Orange Show Road interchange in San Bernardino
to the 60/91/215 interchange in Riverside and crosses the cities of Colton and Grand Terrace.
Interstate 215 Bi-County HOV Gap Closure Project Fact Sheets
(updated 08/02/10)
0 English Project Fad Sheet I M Spanish Project Fact Sheet
Public Meeting Notice
This notice is to inform you of the preparation of the Draft Initial Study/Proposed Mitigated Negative Declaration(IS/MND)and
of its availability for you to read.A public hearing will be held to give you an opportunity to talk about certain design features of
the project with Caltrans staff before the final design is selected.The public hearing,in an open house format,will be held Dec.
13,2010,4-7 pm,at Grand Terrace Elementary School,12066 Vivienda Ave.,Grand Terrace,CA.
Official notice:®English I®Spanish
Meeting Flyer:®English I®Spanish
Read it online:
®Draft Initial Study/Proposed Mitigated Negative Declaration
®Appendix A:Figures
®Appendix B:Title VI
®Appendix C:ECR
®Appendix D:Acronyms
Got Questions.) -t Answers!
For questions aboproject.cal
• - - :: :
: : :
L Calls,wilt be returned by the next business day.
Project Overview Traffic Data&Studies Cost&Schedule i Project Contacts
I
Commuting and Traffic Data
Source:Caltrans and Southern California Association of Governments.
• 80%of San Bernardino County commuters and 79%of Riverside County commuters drive to work alone each j
day.
• San Bernardino County commuters spend an average of 43 minutes each way,traveling an average of 23.3
miles in each direction.Riverside County commuters spend slightly more time on the road-an average of 46
minutes each way,traveling 25.1 miles each way.
• Approximately 160,000 vehicles per day travel this section of I-215.An average of 10,000 vehicles per hour
travel during peak commute times.
• By 2040,an estimated 335,000 vehicles per day are expected in this area,and average peak hour traffic counts I
are expected to grow to 21,000 per hour.
• Up to 18,000 trucks move freight through this area each day,with 34,000 projected daily by 2040.
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Notes
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City of San Bernardino
Redevelopment Project Area -Mt Vernon
Article 3 APPLICATION OF CHAPTER
§5270. Exclusiveness of chapter
The regulation of the placing of advertising displays by this chapter,insofar as
such regulation may affect the placing of advertising displays within view of the
public highways of this state in unincorporated areas,shall be exclusive of all other
regulations for the placing of advertising displays within view of the public
highways of this state in unincorporated areas whether fixed by a law of this state
or by a political subdivision thereof.
§5271. Restriction of chapter to certain displays
Except as otherwise provided in this chapter, the provisions of this chapter
apply only to the placing of advertising displays within view of highways located
in unincorporated areas of this state,except that the placing of advertising displays
within 660 feet from the edge of the right-0f--way of, and the copy of which is
visible from,interstate highways or primary highways,including the portions of
such highways located in incorporated areas,shall be governed by this chapter.
§5272. Displays;exceptions
With the exception of Article 4(commencing with Section 5300)and Sections
5400 and 5404, inclusive, nothing contained in this chapter applies to any
advertising display that is used exclusively for any of the following purposes:
(a)To advertise the sale,lease,or exchange of real property upon which the
advertising display is placed.
(b)To advertise directions to,and the sale,lease,or exchange of,real property
for which the advertising display is placed;provided,that the exemption of this
paragraph does not apply to advertising displays visible from a highway and subject
to the Highway Beautification Act of 1965(23 U.S.C.,Sec. 131).
(c) To designate the name of the owner or occupant of the premises or to
identify the premises.
(d) To advertise the business conducted or services rendered or the goods
produced or sold upon the property upon which the advertising display is placed
if the display is upon the same side of the highway and within 1,000 feet of the point
on the property or within 1,000 feet of the entrance to the site at which the business
is conducted or services are rendered or goods are produced or sold.
(e)(1) To advertise any products, goods, or services sold by persons on the
premise of an arena pursuant to all of the following conditions:
(A)The arena is located on public land.
(B)The arena provides a venue for professional sports on a permanent basis.
(C)The arena has a capacity of 5,000 or more seats.
(D)The arena has an advertising display in existence before January 1,2009.
(E)The products,goods,or services advertised are or will be offered for sale
by persons on a regular basis during the term of an agreement between the vendor
or business whose products,goods,or services are sold and the property owner,
facility owner,or facility operator,and the term of the agreement is a minimum of
one year.
(2) An advertising display authorized pursuant to this subdivision shall not
advertise products,goods,or services directed at an adult population,including,but
not limited to,alcohol,tobacco,gambling,or sexually explicit material.
§5273. Advertising displays;businesses and activities developed within
boundary limits of individual redevelopment agency project;
exemption from restrictions;extensions
For the purpose of this chapter, advertising displays advertising those
businesses and activities developed within the boundary limits of,and as a part of,
an individual redevelopment agency project may, with the consent of the
redevelopment agency governing the project,be considered to be on the premises
anywhere within the limits of that project when all of the land is contiguous or is
separated only by a public highway or public facilities developed or relocated for
inclusion within the project as a part of the original redevelopment plan for a period
not to exceed 10 years or the completion of the project,whichever first occurs,after
which Sections 5272 and 5405 apply,unless an arrangement has been made for
extension of the period between the redevelopment agency and the department for