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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
Date: June 28, 2011
Subjed: Final adoption of an Ordinance to
amend Section 19.22.080 of the Development
Code to revise the application procedure for
off-site electronic message center signage in
redevelopment project areas. (DCA 11-03)
From: M. Margo Wheeler, Director
Dept: Community Development
MCC Date: July S, 2011
Synopsis of Previous Council Action:
6/20/2011 _ Mayor and Common Council heard the item, closed the public hearing, and laid the
Ordinance over for final adoption.
Recommended Motion:
That the Ordinance be adopted
/fA V
M. Margo Wheeler, AICP
Contact person:
Terri Rahhal, City Planner
Phone:
3330
Supporting data attached: Staff Report
Ward:
Citywide
FUNDING REQUIREMENTS: Amount: N/ A
Source:
Acd. Description:
Finance:
~
Council Notes:
Agenda Item No. II
01-05-'d(JtI
ffddiirOYi-a1 Ea..ckup
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Final adoption of an Ordinance to amend Section 19.22.080 of the Development Code to revise
the application procedure for off-site electronic message center signage in redevelopment project
areas. (DCA 11-03)
Background:
A public hearing of this item was conducted on June 20, 201 \. All backup materials were
distributed with the June 20, 20 II agenda.
The subject Ordinance is proposed as a Development Code Amendment (DCA 11-03) to modify
Section 19.22.080, which contains the permitting requirements for off-site electronic message
center signs permitted in redevelopment project areas. The current provisions of the
Development Code and the proposed amendments are described in the June 20, 2011 staff report.
On June 20, 2011, the Council considered the proposed Ordinance, including a change
recommended by staff to clarify the timing of the required review and recommendation by the
RDA Committee. The Council members present voted unanimously to approve DCA 11-03 with
the revised wording and lay the Ordinance over for final adoption. Council member
McCammack abstained from the vote and Council member Kelley was absent.
Recommendation:
That the Ordinance be adopted.
')
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
Dept: Community Development
Subject: An Ordinance amending Section
19.22.080 of the Development Code to revise the
application procedure for off-site electronic
message center signage in Redevelopment
project areas (DCA 11-03).
From: M. Margo Wheeler, Director
Date: June 6, 2011
MCC Date: June 20, 2011
Synopsis of Previous Council Action:
7/5/05
MC 1211 approved to permit an electronic message center (EMC) sign for the Central
City South redevelopment project area (the Arrowhead Credit Union EMC sign).
MC 1316 approved to permit EMC signage in the Southeast Industrial Park project area.
MC 1347 approved to permit EMC signage for the Uptown redevelopment project area.
10/5/09
4/4/11
Recommended Motion:
That the hearing be closed and the Ordinance be laid over for final adoption.
/(jlv6
" M. Margo Wheeler, AICP
Contact person:
Terri Rahhal, City Planner
Phone:
3330
Snpporting data attached: Staff Report & Ordinance
Ward:
All
FUNDING REQUIREMENTS: Amount: N/A
Source:
Acct. Description:
Finance:
Council Notes:
Agenda Item No. ;? '3
ar~-~II
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
An Ordinance amending Section 19.22.080 of the Development Code to revise the application
procedure for off-site electronic message center signage in Redevelopment project areas.
(DCA 11-03).
APPLICANT:
Quiel Brothers Electric Sign Company, Inc.
272 South "1" Street
San Bernardino, CA 92410
Background:
Section 19.22.080 (7) of the Development Code sets forth location criteria, application
requirements, and development standards for off-site electronic message center (EMC) signs,
electronic reader board freeway signs that advertise businesses located on other sites. By State
law, the only off-site EMC signs permitted adjacent to designated landscaped freeway corridors
are redevelopment project area signs. As illustrated by previous Council actions noted on the
Request for Council Action, the current wording of Section 19.22.080 (7) contains a list of
redevelopment project areas where EMC signs are permitted subject to approval of a Conditional
Use Permit (CUP). Each time an EMC has been proposed in a different project area, an
application to amend Section 19.22.080 (7) has been filed concurrently.
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. CUP 11-05, a proposal to add off-site EMC signage to an existing on-premise freeway
sign at 895 West Rialto Avenue, was submitted concurrent with DCA 11-03. The Mt. Vernon
redevelopment project area covers a long segment of the 1-215 corridor, extending from
downtown north to 13th Street and from Rialto Avenue south to Inland Center Drive on the west
side of the freeway. Maps illustrating the Mt. Vernon project area, and existing and previously
approved EMC signs on the 1-215 corridor are attached to the Planning Commission Staff Report
in Attachment 2.
Because there are few site selection criteria in Section 19.22.080 (7), and because adding to the
list of redevelopment project areas encourages submittal of EMC sign proposals with no
direction or limits on site selection, staff has proposed alternative wording for DCA 11-03 to
establish a process for off-site EMC sign proposals, to require a recommendation from the
Redevelopment (RDA) Committee prior to submittal of a CUP application. The proposed
amendment is attached in strikeout/underline format as Attachment I.
A detailed analysis of DCA 11-03 is attached in the May 25, 2011 Planning Commission Staff
Report (Attachment 2).
2
California Environmental Quality Act (CEQA) Compliance
DCA 11-03 would modify application procedures for off-site electronic signage to be approved
in locations where static, on-premise signs are already permitted. Therefore, DCA 11-03 is
exempt from environmental review pursuant to Section 15061(b)(3) of the CEQA Guidelines,
because the proposed code amendment will not result in a direct or reasonably foreseeable
indirect physical change in the environment.
Planning Commission Recommendation:
The Planning Commission considered the proposed Development Code amendment and the
concurrent application for Conditional Use Permit (CUP) No. 11-05 in a noticed public hearing
on May 25, 2011. The Commission voted unanimously to recommend adoption of the
Development Code amendment with the alternative wording recommended by staff, with
Commissioners Calero, Coute, Durr, Eble, Heasley, Machen, Mulvihill and Sauerbrun voting in
favor of the motion. Commissioner Rawls was absent.
Public Hearing Notice:
Notice of the public hearing of this item was published in a 1/8 page advertisement in the San
Bernardino County Sun on June 10, 20 II.
Financial Impact:
None anticipated.
Recommendation:
That the hearing be closed, and the Ordinance be laid over for fmal adoption.
Attachments:
Attachment I - Proposed Amendment of Section 19.22.080 (7).
Attachment 2 - Planning Commission Statement of Action and 5/25/11 Staff Report
Ordinance
3
ATTACHMENT 1
19.22.080 OFF-SITE SIGNS
7. OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS
A. Off-site electronic message center signs are permitted onlv in the fulle',v'Jlg
leeatieHs, portions of the Freewav Corridor Overlav District that are within
redevelopment proiect areas. subject to a Conditional Use Permit~~
. CentraI City Se1ith
. Se1itheast Inaustrial Park
. Upte'lln
B. Review and recommendation bv the Redevelopment Committee as to the location
proposed for the benefit of the redevelopment proiect area shall be required prior
to acceptance of a Conditional Use Permit application for an off-site electronic
message center sign.
C. The size and advertising areas will be determined through the Conditional Use
Permit process.
D. The height shall be limited to 50' above the grade of the freeway unless a flag test
determines that greater height is needed for visibility.
E. The sign face may extend up to 5 feet from the edge of the property.
F. Off-site electronic message center signs may be placed no closer than 1,000 feet
from another electronic message center sign (on-site or off-site).
G. Off-site electronic message center signs must be fitted with automatic dimming
devices, capable of lowering the intensity of light during evening hours, rainy,
foggy, or cloudy days, or similar situations.
H. Off-site electronic message center signs are subject to a license agreement with
the City of San Bernardino. The license agreement will include, but is not limited
to, signage content and "air time" for public service announcements, and may
include a revenue-sharing provision.
I. Off-site electronic message center signs must be located in the Freeway Corridor
Overlay District, subject to the provisions in the Outdoor Advertising Act
(Chapter 2 in the State of California Business and Professions Code). These
provisions include, but are not limited to, placement, location, content, and
maintenance.
J. Off-site electronic message center signs shall not be installed until written
approval has been granted by the State Department of Transportation (Caltrans).
ATTACHMENT 2
CITY OF SAN BERNARDINO
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PROJECT
Number:
Development Code Amendment No. 11-03
Proposed By:
Quiel Bros. Electric Sign Co.
Description:
A proposal to amend Section 19.22.080 (7) of the Development Code to
provide for off-site electronic message center signage to be permitted
subject to a Conditional Use Permit in the Mt. Vernon Redevelopment
Project Area.
ACTION:
RECOMMENDED APPROVAL
Meeting Date:
May 25, 2011
The Plaoning Commission recommended approval of Development Code Amendment No. 11-03
to the Mayor and Common Council, with the amended wording recommended by staff in
Attachment D to the Staff Report.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Calero, Coute, Durr, Eble, Machen, Heasley, Mulvihill and Sauerbrun
None
None
Rawls
I hereby certify that this Statement of Official Action accurately reflects the action of the
PIl>nning 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.
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M. Margo Wheeler, AICl>
Community Development Director
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cc: Case File, Department File
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
Development Code Amendment No. 11-03
AGENDA ITEM:
HEARING DATE:
WARD:
7
May 25, 2011
I
APPLICANT:
Quiel Brothers Electric Sign Company, lnc
272 South "1" Street
San Bernardino, CA 92410
REQUEST/LOCATION:
A proposal to amend Section 19.22.080 (7) of the Development Code to provide for off-site
electronic message center signage to be permitted subject to a Conditional Use Permit in the
Mount Vernon Redevelopment Project Area.
CONSTRAINTS/OVERLA YS:
Not Applicable - Citywide Development Code Amendment
ENVIRONMENTAL FINDINGS:
1<1 Exempt from CEQA, Section 15061 (b)(3) - No Possible Significant Impact
o No Significant Effect
o Mitigation Measures and Mitigation MonitoringlReporting Program
o Environmenta11mpact Report
STAFF RECOMMENDATION:
1<1 Recommend alternative wording to Mayor and Council
IJ Denial Recommendation to Mayor and Council
IJ Approval Recommendation to Mayor and Council
IJ Continuance to:
DCA No. 11-03
PC Meeting Date: May 25, 2011
Page 2
PROJECT DESCRIPTION
Development Code Amendment (DCA) No. 11-03 is a proposal to revise Development Code
Section 19.22.080(7)(A) to add the Mount Vernon Redevelopment Project Area (Attachment A)
to the list of project areas approved for Electronic Message Center (EMC) freeway signage
(Attachment C).
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.
S 19.22.080(7)(A) lists the redevelopment project areas where off-site EMC signs have been
approved. Currently, three project areas have been approved for EMC signage: Central City
South, where the Arrowhead Credit Union EMC sign is located, Southeast Industrial Park, where
two EMC signs have been approved for the 1-10 corridor, and the Uptown Redevelopment
Project Area, where a new EMC sign has been approved for construction at the southeast corner
of 3'd and "I" Streets. The four approved redevelopment area EMC signs are all on private
property, and feature prominent EMC reader boards.
CONCURRENT APPLICATION
DCA 11-03 was submitted concurrently with Conditional Use Permit 11-05, a request to modify
an existing on-premise freeway sign to serve as an EMC for the Mount Vernon Redevelopment
Project Area. The site is located at 895 West Rialto Avenue, on the west side of the 1-215
freeway. Approval of the EMC sign proposal is dependent on approval of DCA 11-03. The two
proposals may be presented together, but approval of DCA 11-03 is required for approval of
CUP 11-05. For information about the proposed sign, refer to the Staff Report for CUP 11-05.
SETTING AND AREA OF EFFECT
DCA No. 11-03 would amend the citywide sign regulations of the Development Code, to permit
off-site electronic message center signage for the Mount Vernon Redevelopment Project Area,
which is located in portions of the 1st, 3'd and 6th wards, including the west side ofT-215, north
and south of the downtown area, where two redevelopment EMC signs have already been
approved. Freeway sign locations in the downtown 1-215 corridor, including EMC signs with
required buffer areas, are illustrated on Attachment B.
APPLICATION PROCESS
. 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.
DCA No. 11-03
PC Meeting Date: May 25,201 J
Page 3
EXISTING DEVELOPMENT CODE TEXT
Section 19.22.080 (7) of the Development Code specifies permitting requirements, development
standards and approved locations for electronic message center signs. The basic standards and
permitting requirements are summarized below:
Height: The maximum height of an EMC sign is 50 feet above the grade of the adjacent freeway,
except that a greater height may be justified by a flag test that demonstrates the necessity of the
greater height to achieve visibility.
Brightness Control: The Development Code requires automatic dimming controls to adjust the
LED display of the EMC sign based on ambient conditions.
Caltrans Permit: Compliance with the Outdoor Advertising Act is required for all off-site
freeway signage. A permit from the State Department of Transportation (Caltrans) is required as
a condition of approval of any EMC sign. The Caltrans permit process requires certification from
the City Redevelopment Agency that the proposed EMC sign will be permitted as an on-premise
redevelopment project area sign.
License Agreement: A license agreement with the City is required for any EMC sign. The
agreement may address message content, message time for public service announcements, and
potential 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.
ANALYSIS OF TEXT AMENDMENT PROPOSAL
The list of approved redevelopment project area locations in Section 19.22.080 (7) currently lists
only the three project areas identified in the project description. Individual project areas have
been added one-by-one, as EMC proposals have been submitted. The listing of approved
locations in the Development Code was intended as a control measure to prevent proliferation of
EMC signs through Council involvement in DCA applications required to add locations. The
Redevelopment Agency (Agency) is working on two major redevelopment project area mergers
that may change the EMC advertising market areas to Merged Areas "A" and "B." The Mount
Vernon Redevelopment Project Area is part of Merged Area "B" (Attachment A).
The list of redevelopment project areas in gI9.22.080(7)(A) may become obsolete when the Area
"A" and Area "B" redevelopment project area mergers are completed. In the meantime, the
Mount Vernon Redevelopment Project Area covers a significant stretch of the 1-215 corridor.
The applicant's proposed text amendment (Attachment C) would open the entire west side of the
1-215 corridor to EMC sign proposals. It is staff's opinion that absent an overall placement
policy, such an amendment would be contrary to the intent of the Mayor and Council in its
adoption of g 1 9.22.080(7)(A). Therefore, staff is proposing an alternative wording for the text
amendment that will require advance review of the location by the Redevelopment Committee
prior to submittal of a CUP application for an redevelopment project area EMC sign.
DCA No. 1l-03
PC Meeting Date: May 25.2011
Page 4
ALTERNATIVE AMENDMENT RECOMMENDATION
The alternative text amendment recommended by staff (Attachment D) eliminates the listing of
approved locations for off-site EMC signs and specifies location criteria based on the function of
the signs as redevelopment project area signs and the desired locations in the Freeway Corridor
Overlay District The alternative text also requires Redevelopment Agency (RDA) Committee
review of the proposed location before acceptance of the CUP application. This review is already
part of the Redevelopment Agency policy and procedure for approval of EMC signs, but
currently there is no formal requirement for RDA Committee review to occur prior to submittal
of an application. Feedback from the RDA Committee early in the process, before applicants
expend their time and resources on plans and applications, will benefit applicants and the City.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed amendment of the Development Code is exempt from CEQA under the general
rule in Section 15061(b)(3) of the CEQA Guidelines that there is no foreseeable physical effect
of the proposal that could cause a significant adverse impact on the environment The proposed
amendment would not change the physical effects of sign development It would only change the
potential display medium and message content for certain signs.
FINDINGS OF FACT:
1. The proposed amendment is consistent with the General Plan.
The proposed Development Code Amendment is intended to improve marketing and
promotion of the City and businesses in the City. The recommended text amendment
provides a process for adding electronic message center signs in freeway corridors, to
promote businesses in redevelopment project areas, consistent 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".
Policv 2.3.3: "Entries into the City and distinct neighborhoods should be well defined or
highlighted to help define boundaries and act as landmarks."
Policv 5.3.5: "Create entry improvements to help identify distinct districts;..."
2. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience or welfare of the City.
The proposed amendment of the Development Code would serve the public interest by
providing a process for site selection and application for electronic signage to promote
redevelopment project areas along freeway corridors. The proposed amendment will expand
DCA No. 11-03
PC Meeting Date: May 25, 201 J
Page 5
opportunities for advertisement of businesses in the City, with a process that will protect
aesthetic values in the interest of general health, safety and welfare.
CONCLUSION
Staff recommends an alternative to the applicant's proposal to amend the Development Code text
that will achieve the same end of permitting EMC signage for the Mount Vernon Redevelopment
Project Area, but with additional provisions for early consultation on site selection prior to filing
a Conditional Use Permit Application, consistent with the original intent of S 19.22.080(7)(A).
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Development Code
Amendment No. 11-03 to the Mayor and Common Council, with the amended wording in
Attachment D.
Respectfully Submitted,
7K&/
Terri Rahhal, AICP
City Planner
APpr~eH~ D~tribin, /
_/~/ (.~/~
M. Margo Wheeler, AICP
Community Development Director
Attachment A
. Attachment B
Attachment C
Attachment D
Redevelopment Project Area Maps
Freeway Sign and EMC Location Map
Applicant's Proposed Text Amendment Proposal
Staff's Recommended Alternative Text Amendment
ATTACHMENT A
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ATTACHMENT A
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN
MAP OF THE SAN BERNARDINO MERGED REDEVELOPMENT PROJECT AREA A
SAN BERNARDINO MERGED REDEVELOPMENT PROJECT AREA A (MERGED AREA A)
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ATTACHMENT A
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
PRELIMINARY PLAN FOR THE MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN
SAN BERNARDINO MERGED AREA B - SOUTHERN PORTION
CllY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY
NORTHWEST
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1 Country Inn Motel
2 AchilmakService5tation
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41n--N-Out5th5treet(Propo5ed)
S SunwestPrirrters
6 FCServices (Proposed Uptown E1ec. Fleader)
7 Carousel Mall
8 Fairv;ewFord
9 In-N-Out 2nd Street (Existing)
10 Taco Bell
11 MarshallsPlaza
12 GreenlineMovers
13 GamesforFun (Proposed MtVernon Elec.Fleader:
14 Arrowhead Credit Union (Existing CCSElec.Fleadel
1S QuielBros
16YumYumDonuts
17 Shell Service Station
18 ChaparralElec.Reader
19 Chaparral
Economic Development Agency 5/17/11
ATTACHMENT C
SIGN REGULATIONS -19.22
19.22.080 OFF-SITE SIGNS
7. OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS MC 1211 7/5/05
A. Off-site electronic message center signs are permitted in the following locations,
subject to a Conditional Use Permit:
. Central City South
. Southeast Industrial Park
. Uptown MC 13474/4/11
. Mount Vernon
B. The size and advertising areas will be determined through the Conditional Use
Permit process.
C. The height shall be limited to 50' above the grade of the freeway unless a flag test
determines that greater height is needed for visibility.
D. The sign face may extend up to 5 feet from the edge of the property.
E. Off-site electronic message center signs may be placed no closer than 1,000 feet
from another electronic message center sign (on-site or off-site).
F. Off-site electronic message center signs must be fitted with automatic dimming
devices, capable of lowering the intensity of light during evening hours, rainy,
foggy, or cloudy days, or similar situations.
G. Off-site electronic message center signs are subject to a license agreement with
the City of San Bernardino. The license agreement will include, but is not limited
to, signage content and "air time" for public service announcements, and may
include a revenue-sharing provision.
H. Off-site electronic message center signs must be located in the Freeway Corridor
Overlay District, subject to the provisions in the Outdoor Advertising Act
(Chapter 2 in the State of California Business and Professions Code). These
provisions include, but are not limited to, placement, location, content, and
maintenance.
I. Off-site electronic message center signs shall not be installed until written
approval has been granted by the State Department of Transportation (Caltrans).
III-17
ATTACHMENT D
SIGN REGULATIONS - 19.22
19.22.080 OFF-SITE SIGNS
7. OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS MC 1211 7/5/05
A. Off-site electronic message center signs are permitted onlv in tile follo'.ving
loeations, portions of the Freewav Corridor Overlav District that are within
redevelopment proiect areas. subject to a Conditional Use Permit.~
. Contml City 80mh
. Somheast lAdHstrial Par-k
. UptOWB MC 1347 4/4.'11
B. Review and recommendation bv the Redevelopment Committee as to the location
proposed for the benefit of the redevelopment proiect area shall be required prior
to acceptance of a Conditional Use Permit application for an off-site electronic
message center sign.
C. The size and advertising areas will be determined through the Conditional Use
Permit process.
D. The height shall be limited to 50' above the grade of the freeway unless a flag test
determines that greater height is needed for visibility.
E. The sign face may extend up to 5 feet from the edge of the property.
F. Off-site electronic message center signs may be placed no closer than 1,000 feet
from another electronic message center sign (on-site or off-site).
G. Off-site electronic message center signs must be fitted with automatic dimming
devices, capable of lowering the intensity of light during evening hours, rainy,
foggy, or cloudy days, or similar situations.
H. Off-site electronic message center signs are subject to a license agreement with
the City of San Bernardino. The license agreement will include, but is not limited
to, signage content and "air time" for public service announcements, and may
include a revenue-sharing provision.
I. Off-site electronic message center signs must be located in the Freeway Corridor
Overlay District, subject to the provisions in the Outdoor Advertising Act
(Chapter 2 in the State of California Business and Professions Code). These
provisions include, but are not limited to, placement, location, content, and
maintenance.
J. Off-site electronic message center signs shall not be installed until written
approval has been granted by the State Department of Transportation (Caltrans).
ill-17
ORDINANCE NO.
2
3
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
19.22.080 (7) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO
REVISE THE APPLICATION PROCEDURE FOR OFF-SITE ELECTRONIC MESSAGE
CENTER SIGNAGE IN REDEVELOPMENT PROJECT AREAS.
4
5
6
The Mayor and Common Council of the City of San Bernardino do ordain as follows:
WHEREAS, the Mayor and Common Council adopted the current Development Code, Title 19
of the Municipal Code by Ordinance MC-789 on June 3,1991; and
WHEREAS, on May 25, 2011, the Planning Commission ofthe City of San Bernardino held a
noticed public hearing to consider public testimony and a staff report recommending the proposed
ordinance as an amendment to the City Development Code, and recommended that the Mayor and
Common Council adopt the ordinance as proposed; and
WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of
the proposed Ordinance was published in The Sun newspaper on June 10, 20 II;
7
8
9
10
II
12
13
14
15
16
NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
17
18
SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and
hereby adopts and incorporates them herein.
SECTION 2. Findings of Fact.
19
20
21
22
A. The Ordinance amending the Development Code is consistent with the General Plan of
the City of San Bernardino. The proposed Development Code amendment is intended to improve
marketing and promotion of the City and businesses in the City. The recommended text amendment
provides a process for adding electronic message center signs in freeway corridors, to promote
businesses in redevelopment project areas, consistent with the following goals and policies of the
General Plan:
Goal 4.3: "Continue and expand the City's marketing and promotional campaigns."
23
24
25
26
27
28
.:::Jt/l
01-0~-J0/1
Goal 4.10: "Utilize all available Redevelopment AgencylCity tools to revitalize and enhance
2 strategic areas of the City."
3 Policy 2.3.3: "Entries into the City and distinct neighborhoods should be well defined or
4 highlighted to help define boundaries and act as landmarks."
5 Policy 5.3.5: "Create entry improvements to help identify distinct districts..."
6
7
8
9
B. The Ordinance amending the Development Code will not be detrimental to the public
interest, health, safety, convenience or welfare of the City. The proposed amendment of the
Development Code would serve the public interest by providing a process for site selection and
application for electronic signage to promote redevelopment project areas along freeway corridors. The
proposed amendment will expand opportunities for advertisement of businesses in the City, with a
process that will protect aesthetic values in the interest of general health, safety and welfare.
10
11
12
SECTION 3. San Bernardino Municipal Code (Development Code) Section 19.22.080 (7) is
hereby amended to read as shown on Exhibit A, attached hereto and incorporated herein by reference.
13
14
15
16
17
18
19
20
21
22
23
24
25
SECTION 4. Compliance with the California Environmental Ouality Act:
The Mayor and Common Council finds that the proposed amendment to Section 19.22.080 (7) of
the Development Code is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section I 5061 (b)(3) of the CEQA Guidelines, the general rule that activities that will not result in a
direct or reasonably foreseeable indirect physical change in the environment are exempt from
environmental review. Addition of application procedures for electronic signage will not affect the
environment.
SECTION 5. Seyerability: If any section, subsection, subdivision, sentence, or clause or phrase
in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
declares that it would have adopted each section irrespective of the fact that anyone or more
subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
ineffective.
26
27
28
III
2
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.22.080 (7)
OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO REVISE
2 THE APPLICATION PROCEDURE FOR OFF-SITE ELECTRONIC MESSAGE CENTER
3 SIGNAGE IN REDEVELOPMENT PROJECT AREAS.
4
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
5
6
Common Council of the City of San Bernardino at a
meeting thereof, held on the _day
7 of , 20 II, by the following vote to wit:
8 Council Members: AYES NAYS
9
MARQUEZ
10
II VACANT
12 BRINKER
13 SHORETT
14
KELLEY
15
JOHNSON
16
17 MC CAMMACK
18
ABSTAIN
ABSENT
19
Rachel Clark, City Clerk
20
21
The foregoing Ordinance is hereby approved this
day of
,2011.
22
23
Approved as to form:
PATRICK 1. MORRIS, Mayor
City of San Bernardino
24
25
JAMES F. PENMAN
26
City Attorney
27
28
3
EXHIBIT A
19.22.080 OFF-SITE SIGNS
7. OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS
A. Off-site electronic message center signs are permitted only in tile following
loeations, portions of the Freeway Corridor Overlav District that are within
redevelopment proiect areas, subject to a Conditional Use Permit~
. Central City South
. Somileast Industrial Park
. U J3tO'.VfI
B. The Redevelopment Committee shall be notified of all CUP applications for off-
site electronic message center sign permits. Review by the Redevelopment
Committee as to the location proposed for the benefit of the redevelopment
proiect area shall be required prior to the issuance of a Conditional Use Permit for
an off-site electronic message center sign.
C. The size and advertising areas will be determined through the Conditional Use
Permit process.
D. The height shall be limited to 50' above the grade of the freeway unless a flag test
determines that greater height is needed for visibility.
E. The sign face may extend up to 5 feet from the edge of the property.
F. Off-site electronic message center signs may be placed no closer than 1,000 feet
from another electronic message center sign (on-site or off-site).
G. Off-site electronic message center signs must be fitted with automatic dimming
devices, capable of lowering the intensity of light during evening hours, rainy,
foggy, or cloudy days, or similar situations.
H. Off-site electronic message center signs are subject to a license agreement with
the City of San Bernardino. The license agreement will include, but is not limited
to, signage content and "air time" for public service announcements, and may
include a revenue-sharing provision.
1. Off-site electronic message center signs must be located in the Freeway Corridor
Overlay District, subject to the provisions in the Outdoor Advertising Act
(Chapter 2 in the State of California Business and Professions Code). These
provisions include, but are not limited to, placement, location, content, and
maintenance.
J. Off-site electronic message center signs shall not be installed until written
approval has been granted by the State Department of Transportation (Caltrans).