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HomeMy WebLinkAbout09- Community Development ORIGINAL CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: M. Margo Wheeler, Director Subject: Final adoption of an Ordinance to amend Chapter 19.22 of the Development Code Dept: Community Development to provide for electronic message center signage for the Uptown redevelopment project area. Date: March 28, 2011 MCC Date: April 4, 2011 Synopsis of Previous Council Action: 1/24/2011 — Item scheduled for hearing, continued to 3/21/11. 3/21/2011 — 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 C 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: Acct. Description: Finance: Council Notes: (S l 4 - 13y7 Agenda Item No. q 6y-011 a� r CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION STAFF REPORT j I Subject: Final adoption of an Ordinance to amend Chapter 19.22 of the Development Code to provide for electronic message center signage for the Uptown redevelopment project area. Applicant: Owner: Quiet Brothers Electric Sign Company, Inc. FC Services, Inc. Background: A public hearing of this item was conducted on March 21, 2011, after being continued from January 24, 2011. Back-up materials were distributed with the January 24, 2011 agenda. The Ordinance modifies Section 19.22.080(7)(A) of the Development Code, which lists the redevelopment project areas where electronic message center signage will be permitted subject to approval of a Conditional Use Permit and a licensing agreement. The proposed ordinance adds the Uptown project area to the list. On March 21, 2011, the Council approved Conditional Use Permit (CUP) 10-09 to permit an electronic message center sign at the southeast corner of 3`d and "P' Streets. CUP 10-09 relies on adoption of the proposed ordinance, and will also require approval of a licensing agreement as a condition of approval. The Council voted unanimously to approve CUP 10-09 and lay the Ordinance over for final adoption. Recommendation: That the Ordinance be adopted. 2 R CITY OF SAN BERNARDINO Community Development Department — Planning Division Interoffice Memorandum nfered Into ReC. at MCC/CDC Mtg: . DATE: March 21, 201 1 0y: ,2tAA. Lu't gend41em No: x T O: Mayor and Common Council fir: Clzt&�''N ClC Secretary FROM: Terri Rahhal, City Planner `j Of Son Bernardln0 d SUBJECT: Findings for Agenda Item 26 (Public Hearing) —An ordinance to amend Chapter 19.22 of the Development Code to provide for electronic message center signage for the Uptown Redevelopment Project area and a request for a Conditional Use Permit to construct a 1,078 sq. ft. freeway-oriented electronic message center sign, 75 ft. in height, at the southeast corner of 3rd and"I" Streets. (DCA 10-02; CUP 10-09) COPIES: Rachel Clark, City Clerk; James Penman, City Attorney; Charles McNeely, City Manager; M. Margo Wheeler, Community Development Director. The staff report for this item discusses the Planning Commission recommendation for denial of the proposed Conditional Use Permit (CUP) 10-09 and the Development Code Amendment (DCA) 10-02 that would be required to approve the CUP request. The staff report contains a finding for denial of the CUP, but omits a formal finding for denial of the Development Code Amendment. This memo contains a complete set of findings and a recommended motion for denial, if that is the decision of the Council. The staff report also contains an alternative motion with findings for approval. The findings required for approval of DCA 10-02 and CUP 10-09 are detailed in the Planning Commission Staff Report in the agenda backup materials. Sections 19.42.050 and 19.36.050 of the Development Code state that all of the required findings must be made for approval. Therefore, any required finding made in the negative would support denial of the application. Finding for Denial of Development Code Amendment 10-02 (Required Finding#2): 2. The proposed amendment would be detrimental to the public interest, health, safety, convenience, or welfare of the City. The application to amend Section 19.22.080(7)(A) of the Development Code to permit electronic message signage for the Uptown redevelopment project area was tiled concurrent with a proposal to implement such signage at the southeast corner of 3`d and I Streets, in the project area. The signage proposal was not compatible with plans for redevelopment and improvement of the adjacent downtown area, which is not in the Uptown project area. Absent an acceptable plan and location for electronic message center signage in the Uptown project area, it is not in the public interest to amend the Development Code to permit such signage in the project area. I Mayor and Common Council Agenda Item 26—March 21,2011 Page 2 of 2 Finding for Denial of Conditional Use Permit 10-09 (Required Finding#5): 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 proposed electronic message center sign would be located adjacent to the downtown area, where the City is focusing much effort on revitalization, including a new streetscape plan and a Vision Plan for enhancement of the downtown entertainment district and other activities. The proposed signage for the Uptown project area, which does not include the downtown, would distract motorists in a manner that is not compatible with the downtown Vision Plan. Recommended Motion: That the hearing be closed and that Development Code Amendment No. 10-02 and Conditional Use Permit No. 10-09 be denied based on the findings of fact in the staff memorandum dated March 21, 2011. 1 ' REDEVELOP r ENT c) mI�ed Into Rec. at MCCICDC Mtg: J v 4 AGENDA ITEM by: 7 Agenda m N& SUBJECT: POLICY PERTAINING TO FREEWAY I SIGNS THAT REQUtFZE THE COHSE AELOPMENT AGENCY City of San Bernardino Background: The Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (the "Agcncy"), l�tllrel+te�U lAitJlYenll>y staff t cV" Iuatc tCr2 nu6irucr of developed or ud cJclCrping racsvay Visible Electronic Message Signs within the City and in redevelopment project areas. It was learned that there are approximately seven projects that have either been approved or are in process within this category. At least tvtro of which will require the written consent of the Agency under the State regulations that permit outdoor advertising adjacent to freeways. The attached map and table shows 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 of San Bernardino ("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 restrictions are generally looser 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 ractrirfigri to Hicnlavinn only himinpSSPs and nti��tieS located within h� r d�veinnment nrniprt area, provided the sign has the written authorization of the local redevelopment agency. There are five separate authorizations required, including, (i) the entitlements, (ii) the required license agreement, (ri) the Caltra^s authorization, (iv) the authorization of the Agency, and (v) the permit for construction. The Agency authorization as required pursuant to the Business and i=°rVfcsSiftnS Cddc`' twit only be obtained ttlrGUgrt the EStolt,iat ca4:,r.1C3C vt tIIe gvveriding vGuy of the Agency which for the City of San Bernardino is the Community Development Commission ("CDC"), P:Wgendas\Redevelopment CommitteeMA 2010\09-09-10 Freeway Visible Electronic Message Sion Pohcy.docx Kedeveiopme t Committee Agenda Meeting Date: 09/09/2010 Item No: 8 i Redevelopment Committee Agenda Item Electronic Message 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 f=reeway 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 t�. �nmwr+inninn net ollnl.. /\n nn" CF�.ff 4n cfrinlll�fc �vrmcs of imnlcmQn4�#inn fn nnclµere ut r lan ing 'V\/MIMIlissi0o11 almd 41IIcvW A' j .IVY 'V I��.YIY v' J,q,_ _ IY YIN `.1YYL.1 WU wY V' least a minimum public benefit from qualifying projects. Such policy will also allow for the issuance of the Agency's written approval following a Joint Hearing by the Mayor and Common Council of the City of San Bernardino ("Council") and the Community Development Commission of the City of San Bernardino ("Commission"). 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 all 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 the standard terms of implementation, all Signs requiring the authorization of the Agency through the action of the Community Development Commission of the City of San Bernardino ("Commission') shall be required to execute the License Agreement with the City of San Bernardino ("City') as required by Municipal Code 19.22.080(7) containing as a minimum substantially the following 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 AuthClIILCU Agency Representatives), Sign owners._ and/or operators shall mao;;tain a record of all messages displayed on the sign and shall submit on a monthly basis a report of this information to the Acency. Upon completion of the applicable review, the Executive ! lirclic v! L116 R v, ir,c `wrrvrru,Dirc Cvc C!! Cllc iV Development Agency of the City of San Bernardino shall provide a recommendation on the proposed Sign to the Community Development Department as to whether or not the entitlements for such Sian should be further processed by the City. Following approval of the Sign by the Planning Commission and the expiration o{ all appeal periods, the Mayor and Common Council of the City of San Bernardino ('Council') may consider approval of the License Agreement and the Commission may consider t Sutl on'- ig the Executivve Director to provide to the �iar„vr,rra Department of Transportation ("Caltrans') the necessary documents as required by the Business & P:1Agendas\Redevelopment Committee\RDA 2010\0309-10 Freeway Visible Electronic Message Sign Policy.docx Redevelopment Committee Agenda Meeting Date: 09/09/2010 Item No: 8 Redevelopment Committee Agenda Item Electronic Message Signs Page 3 Professions Code in addition to the following: a map of the subject redevelopment project area, a iist 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 such 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 FA r! mnrnie�f Fhc Gvprrrfiip ironfnr nll hniic LIPS op vklou N,-, v i.--- — ) - 1 — 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 of implementation. 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 Redevelopment Committee recommend to the Community Development Commission approval of the policy pertaining to Freeway Visible Electronic Message Signs that require the consent of the Redevelopment Agency of the City of San Bernardino. Attachments: ® Yes ❑ No Prepared By: Concurs with: John Gquena�; canner it Pion Gee, Deputy Director I; Certified tr) Funds Availability: Approved By: f Lori Pare=Ti ilie y, 4 #efim 'hief Financial Emil A. Nfiarzullo, Interim Executive Director Officer P.\Agendas\Redevelopmeni Committee\RDA 2010\09-09-10 Freeway Visible Electronic Message Sign Policy.docx Redevelopment Committee Age -da Meeting Date: 0910912101,110 Item Pao: 8 -3 U C !` U 63 CO m m C .- N '>a 2 N CL 9- a) d r a) Q m tC7 d dO m C cn O 2 U V a _ m Z U > LO o C3 Z � Wa _ wLL U C7 ° c o LJ � � m oco m S �^ e CL uj 0 KO CI- 0� m co Lae W m N LC C U J _ L f M Z W � �L, o o c C � c v� , V O J M � C cn "�—a' m Z > 0 Y m >1U as O c OL Cl) a 0 = N E - .- a) Ui (n C m O O O ` O m m ay 0 O = O m C J L d r U) Q r Q. V d Q b- CU -0 � C N a) � a) r- V = m U) Z w _ UJ Q. UZ m � O W ¢ E N J N E 0 O W ° c a EC n C 0 0 V d O D : Q Q)Z a) C O rn O 6 W/ m a. ` Q O u "o -0OUI E . V N U > N m ++ V O U U ?' 0 0 O m > r (� 6C9 C d d L a C a) es r O O C O U) C - C cn r d C� a a) 'p > ._ Z a) .- LL7 a) a) m N O K O Q-= O cS+ a) +- 0 co Q (00U o t� ZU � _ � UWN QUQo �' m ai aEi e _ L ai U O (D - C r Z O C O x a) d V a o LNLI LLI >i , LLI m d O >O C) LL U � iL O Z43 _ LLI U QU d V m Z O N N d U C O O a) O rn r Z -0 c m cn v C N M (n C C w i +� ay > U) C p i LLI m 0 y O O Q) Q— r d O O Np LLB a) a� r C C O 0- .`, O i a3 UgU J O GC3 Z LU <0 < 0 Z 9e Q � C a) a7 o CD W O 0 O ;; L tm U Q J U .r1 N m C m v Q C O 'a (6 y -p W X o Q C) N m — a) 6J .`r ,�., C O > C O = CO Y, "_ m to J U CL m QU N O C3 QUcA _ UNO QU o- co :3 Fn2 m0U � U c m t e c s a C Vi F- c a v, N 1 IJ7 cp m a d h � n IL n W W 0) J W U ' � I ' � A VJ (D W r r _ o r t Ll G C 'a ra E m W 5 30'-0" g,8. R=6" s - EXPOSED TEAL GREEN NEON LIGHTING IN ALL iR�JEALS. '. I i NEW COLOR ELECTRONIC DIS:.AY 1 I I �! i 1 N �? BRICATED ALUMINUM,LOMA UNDA ATLETTERS WITH HALO MAILLUNION. 3 ` FACES&RETURN EDGES TO HAVE `� •"' BLACK POLYURETHANE ENAMEL FINISH. $ W o o R FABRICATED METAL POLE COVERS TO HAVE RADIUS EDGES. POLE COVERS TO BE PAINTED WHITE i WITH FABRICATED GREEN REVEALS. 4 ,!g� FREEWAY GRADE IIIISCII O i i PROPOSED D/F POLE ELECTPIC PYLON SIGN SCALE=1'=10' { i SIGN DATA: HEIGHT: O.A.H. (Over All Height) = 65'-0" SIGN FACE AREA I z E.M.C. (Electronic Message Center) = 500 Square Feet/Side C+a+in Me.+V;—+;nn — 7C, Qn.,n of C�at�Side 1 ULQ II.,IU IIUIIVCAUVII •� I V"y W 1 I U vIV 3 i w w E2 HOSPITALITY LAME w v w w Z U Ln N SITE 3 10 FREEWAY VICINITY MAP NOT TO SCALE � z CITY OF SAN BERNARDINO LOMA , , &, n f, i i m n1k.I;= R R I Tylif ijj-4Loj-% %osms REDEVELOPMENT SIGN amm"W f A ANr" 159 HOSPI Lil Y L SAN BERNARDINO , ►�-an■w�T CA 92412�,r 4 nC I SCALE: AS DIMENSIONED ��-" TWO STORY OFFICE AREA : FIRST FLOOR-10,238 SQ. OX SECOND FLOOR-10,162 SQ. FT, . . . , �• TOTAL FLOOR-20,532 SQ. FT.< APPROX. 2% SLOPE 09 \� \ I � 12 I II 5 \L I 1 I 11 17 12 16 19 °-0°° Law Offices of J. PATRICK RAGAN Mailing Address: 1881 S.Business Center Dr, Saite7B Post Office Box 5761 San Bernardino, Californfil 92408 Orange County Office: San Bernardino,CA 92412 311-A Ba►cool Avenue Telephone (909) 890-4039 Fullerton,CA 92832 Telefax (909) 890-4069 January 20, 2011 Quiel Bros. Electric Sign Co. VIA TELIEI+AX ONLY 272 S. "I" Street (909) 888-2239 San Bernardino, CA 92410 FC Services, Inc. Dear Gentlemen: This letter shall confirm that FC Services, Inc. is a Nevada corporation in good standing incorporated on July 15, 2010. I am familiar with the corporate affairs of FC Services, Inc. Gary Ciontea is the sole shareholder of FC Services, Inc. If you have any questions, please contact the undersigned. Very Truly Yours, J. PATRICK RAGAN, SQ. JPR:j s cc: Gary Ciontea A 1"'ofessional Lair Corporation Emphasizing ill Matters Related to Business,Real Estate and the Corstritetioa Industry OFFICE OF THE CITY CLERK RACHEL G.CLARK-CITY CLERK 300 North"D"Street• San Bernardino•CA 92418-0001 909.384.5002•Fax:909.384.5158 San Bernar IN www.sbcity.org SM March 23, 2011 Mr. Larry Quiel Quiel Brothers Electric Sign Company, Inc. 272 South "I" Street San Bernardino, CA 92410 Dear Mr. Quiel: At the meeting of the Mayor and Common Council held on March 21, 2011, the following action was taken relative to an ordinance to amend Chapter 19.22 of the Development Code to provide for electronic message center signage for the Uptown Redevelopment Project Area and a request for a conditional use permit to construct a 1,078 sq. ft. freeway-oriented electronic message center sign, 75 ft. in height, at the southeast corner of 3`d and "I" Streets (DCA No. 10-02; CUP No. 10-09): That the hearing be closed; that said ordinance be laid over for final adoption; and that CUP No. 10-09 be approved based on the Findings of Fact and subject to the Conditions of Approval and Standard Requirements in the Planning Commission staff report dated November 17, 2010. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, Rachel G. Clark, CMC City Clerk RGC:Ils PC: Community Development - Terri Rahhal FC Services, Inc., 1881 S. Business Center Drive, Suite 7B, San Bernardino, CA 92408 CITY OF SAN BERNARDINO ADOPTED SHARED VALUES:Integrity•Accountability•Respect for Human Dignity•Honesty CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: Margo Wheeler, Director Subject: An Ordinance to amend Chapter 19.22 of the Development Code to provide for Dept: Community Development electronic message center signage for the Uptown redevelopment project area and a Date: January 4, 2011 request for a Conditional Use Permit to construct a 1,078 sq. ft. freeway-oriented electronic message center sign, 75 ft. in height, at the southeast corner of 3`d and"I" Streets. (DCA 10-02; CUP 10-09). MCC Date: January 24, 2011 Synopsis of Previous Council Action: None. Recommended Motion: That the hearing be closed and that the proposed Development Code Amendment and Conditional Use Permit be denied based on the recommendation of the Planning Commission. Margo Wheeler 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. *2,j 0 l a y-aA/I CITY OF SAN BERNARDINO— REQUEST FOR COUNCIL AC7 O R I G I N A L STAFF REPORT Subject: An Ordinance to amend Chapter 19.22 of the Development Code to proviuc rorr electronic 1 message center signage for the Uptown redevelopment project area and a request for a Conditional Use Permit to construct a 1,078 sq. ft. freeway-oriented electronic message center sign, 75 ft. in height, at the southeast corner of 3`d and "I" Streets (DCA 10-02; CUP 10-09). APPLICANT: OWNER: Quiel Brothers Electric Sign Company, Inc. FC Services, Inc. 272 South "I" Street 1881 South Business Center Dr. Ste. 7B San Bernardino, CA 92410 San Bernardino, CA 92408 Background: CUP No. 10-09 is a proposal to construct an electronic message center (EMC) sign, 75 ft. in height, with a 756 sq. ft. changeable electronic sign face and a 322 sq. ft. static display. The site is adjacent to 1-215, on the west side of the freeway, at 3`d Street. The project site is located in the Uptown redevelopment project area. Development Code §19.22.080(7) contains regulations governing EMC signs. These off-site signs are permitted only in redevelopment project areas, where they are treated as on-site signs, advertising only businesses in the project area. §19.22.080(7)(A) identifies project areas where EMC signs are permitted subject to approval of a Conditional Use Permit. DCA 10-02 proposes to add the Uptown redevelopment project area to §19.22.080(7)(A), which is necessary for approval of CUP 10-09. The Council is the approval authority for Code amendments. The Planning Commission Staff Report (Exhibit 2) contains more detailed background information and analysis. On November 17, 2010, the Planning Commission considered the Development Code Amendment request and the electronic message center sign proposal, and recommended that the Mayor and Common Council deny DCA 10-02 and CUP 10-09. A motion to recommend approval failed on a vote of 3 to 6, with Commissioners Calero, Eble and Rawls voting yes, and Commissioners Coute, Durr, Heasley, Machen, Mulvihill, and Sauerbrun voting no. Planning Commissioners expressed concerns about the existing condition and utilization of the Arrowhead Credit Union (ACU) electronic message center (EMC) sign. Citing concerns about how few businesses are advertised on the nearby ACU sign, commissioners expressed doubts about the need for another EMC sign in the greater downtown area. Commissioners Coute and Heasley stated concerns about monitoring to ensure compliance with advertising restrictions and display standards that are required for traffic safety. Commissioner Mulvihill stated that proliferation of EMC signs surrounding the downtown area would not be consistent with plans for revitalization and promotion of the Downtown area. These comments of the Planning Commission would support a negative Finding #5 of the findings required for approval of a Conditional Use Permit: 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. 2 E Public Hearing: Notice of the public hearing of this item was mailed to surrounding property owners and was published in a 1/8 page advertisement in the San Bernardino County Sun on January 14,2011. Financial Impact: None. The applicant paid all processing fees. Recommendation: That the hearing be closed and that the proposed Development Code Amendment and Conditional Use Permit be denied based on the recommendation of the Planning Commission. Alternative Motion: That the hearing be closed, the ordinance be laid over for final adoption, and that CUP 10-09 be approved based on the findings of fact and subject to the conditions of approval and standard requirements in the Planning Commission Staff Report. Attachments: Exhibit 1 Location Map Exhibit 2 Planning Commission Statement of Action and Staff Report Exhibit 3 Ordinance i 3 - - l ATTACHMENT 1 19.22.080 OFF-SITE SIGNS t 7. OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS MC 12117/5/05;MC 1316 10/5/09 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 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, III 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). i 1II-17 EXHIBIT I CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: CUP 10-09 NORTH LOCATION MAP HEARING DATE: JANUARY 24, 2011 CITY 0 PLANNING PROJECT: LOCATION I H rEA HEARING VV 3r ��t W5rd Si d Project Site w qrqaoway_Sit cn 03 0 Main St Z 2CC ft Cn n ClC G'pc gle-Map data @2018 Google , FD2 CITY OF SAN BERNARDINO EXHIBIT 2 STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Development Code Amendment No. 10-02 &Conditional Use Permit No. 10-09 Applicant: Quiel Bros. Signs Owner: O&A Development, LLC Description: A request to modify Chapter 19.22, Sign Regulations of the Development Code to provide for off-site electronic message center signage in the Uptown Redevelopment Project Area, and a request to construct a 75-ft tall double-face electronic message center with a 756 sq. ft. message center and 322 sq. ft. static sign face area, located at the southeast comer of 3`d and"I" Streets, in the CG-1, Commercial General land use district. ACTION: RECOMMENDED DENIAL Meeting Date: November 17, 2010 The Planning Commission recommended denial of Development Code Amendment No. 10-02 & Conditional Use Permit No. 10-09, based on the following vote on a motion to recommend approval. VOTE Ayes: Calero, Eble and Rawls Nays: Coute,Durr, Heasley, Machen, Mulvihill and Sauerbrun Abstain: None Absent: None I hereby certify that this Statement of Official Action accurately reflects the recommendation of the Planning Commission of the City of San Bernardino. This item will be referred to the Mayor and Common Council for final action. Terri Rahhal, Deputy Director/ ity Planner Date cc: Case File, Department File, Plan Check and Land Development PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Code Amendment No. 10-02 Conditional Use Permit No. 10-09 AGENDA ITEM: 3 HEARING DATE: November 17, 2010 WARD: 1 OWNER: APPLICANT: O & A Development, LLC Quiel Brothers Electric Sign Company, Inc 274 N. "I" Street 272 South"I" Street San Bernardino, CA 92410 San Bernardino, CA 92410 818-535-7444 909-885-4476 REQUEST/LOCATION: A request to modify Section 19.22.080 of the Development Code to provide for electronic message center signage in the Uptown Redevelopment Project Area, and a request to construct a 75-ft. high, freeway oriented double-face electronic message center with a 756 sq. ft. changeable sign face area and a 322 sq. ft. static display at the southeast corner of 3 and "I" Streets, in the CG-1, Commercial General land use district. CONSTRAINTS/OVERLAYS: None ENVIRONMENTAL FINDINGS: e Exempt from CEQA, Section 15332 — Infill Development • No Significant Effect • Mitigation Measures and Mitigation Monitoring/Reporting Program • Environmental Impact Report STAFF RECOMMENDATION: a Approval Recommendation to Mayor and Council 0 Conditions ❑ Denial ❑ Continuance to: DCA No. 10-02&CUP No. 10-09 PC Hearing Date:November 17,2010 Page 2 PROJECT DESCRIPTION Conditional Use Permit (CUP) No. 10-09 is a request to construct an off-site electronic message center sign facing the I-215 freeway from an adjacent parcel located at the southeast corner of 3`d and "I" Streets, in the CG-1, Commercial General land use district (Attachment A). The project site is located in the Uptown Redevelopment Project Area. Development Code Amendment (DCA) No. 10-02 is a proposal to revise Development Code §19.22.080(7)(A), which specifies the redevelopment project areas approved for off-site electronic message center signs (EMCs). Currently, only two project areas have been designated: Central City South, where the Arrowhead Credit Union EMC sign is located, and Southeast Industrial Park, where an EMC sign has been approved for the Hospitality Business District. DCA No. 10-02 is a proposal to add the Uptown Redevelopment Project Area to §19.22.080(7)(A). Approval of DCA No. 10-02 is necessary prior to approval of CUP No. 10- 09. The proposed EMC sign would be 75 feet in height, oriented toward Interstate 215, and would display state-of-the-art changeable electronic copy in an LED (Light Emitting Diode) format. The electronic message display area is proposed to be approximately 756 square feet. An internally illuminated static display panel of approximately 322 square feet, welcoming the public to Downtown San Bernardino is also proposed as part of the sign face. Design details are illustrated in Attachment B. SETTING AND SITE CHARACTERISTICS The project site is a vacant commercial property on the west side of I-215, located adjacent to the southbound lanes of the freeway. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed project is exempt from CEQA under Section 15332 of the CEQA Guidelines, as an infill development project located in an urbanized area served by existing infrastructure, utilities and public services. BACKGROUND On June 10, 2010, the Development/Environmental Review Committee (D/ERC) reviewed the proposed plans to construct an electronic message center sign for the Uptown Redevelopment Project Area and moved CUP No. 10-09 to the Planning Commission for consideration, pending a recommendation from the Redevelopment Committee of the Economic Development Agency. On October 7, 2010, the Redevelopment Committee of the Economic Development Agency reviewed the proposal to construct an EMC sign to promote the Uptown Redevelopment Project Area and recommended that the item proceed through the review process, including design review by the Planning Commission and final consideration of a licensing agreement by the Mayor and Common Council and the Community Development Commission. err DCA No. 10-02&CUP No. 10-09 PC Hearing Date:November 17,2010 Page 3 ANALYSIS The project site is located in the CG-1, Commercial General land use district, which permits signage in accordance with Chapter 19.22 (Sign Regulations) of the Development Code. Section 19.22.080(7) of the Development Code specifies permitting requirements and development standards for electronic message center signs. §19.22.080(7)(A) would have to be amended to add the Uptown Redevelopment Project Area prior to approval of the proposed EMC sign. The other requirements or §19.22.080(7) are summarized below and incorporated in the recommended conditions of approval (Attachment Q. Key provisions include: 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. A condition of approval sets forth these height standards, requires measurements of the freeway elevation compared to the existing grade of the project site, and caps the maximum height at the proposed 75 feet. Brightness Control: The Development Code requires automatic dimming controls to adjust the LED display of the EMC sign based on ambient conditions. This requirement is stated as a condition of approval. 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 the proposed EMC sign. 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 may address message content, message time for public service announcements, and potential revenue sharing provisions. Approval of a license agreement is required as a condition of approval, and therefore the final approval authority of CUP No. 10-09 rests with the Mayor and Common Council. FINDINGS—Development Code Amendment No 10-02: 1. The proposed amendment is consistent with the General Plan. The proposed Development Code Amendment would provide for more effective advertising of the Uptown 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". Policy 5.3.5: "Create entry improvements to help identify distinct districts;..." DCA No. 10-02&CUP No. 10-09 PC Hearing Date:November 17,2010 Page 4 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." 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The proposed amendment would provide for approval of a freeway oriented sign that would promote local businesses in the Uptown Redevelopment Project Area. The proposed sign would promote multiple businesses in the City and make a lasting impression of attractions for motorists to keep in mind for future visits to the City. Therefore, the proposed Development Code Amendment serves the public interest and convenience and would not be detrimental to public health, safety, or general welfare. FINDINGS—Conditional Use Permit No. 10-09: 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. Contingent on approval of the concurrent application to amend the Development Code, d DCA No. 10-02, the proposed electronic message center sign is conditionally permitted pursuant to Section 19.22.080 (7) of the Development Code. 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 verified and recommended by the Development/Environmental Review Committee (D/ERC). The proposed sign is designed to complement and promote the businesses of the Uptown Redevelopment Project Area. Therefore, the proposed use would not impair the integrity and character of the CG-1, Commercial General land use district. 2. The proposed use is consistent with the General Plan. The proposed electronic message center sign would provide for more effective promotion of the Uptown 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". Policy 5.3.5: "Create entry improvements to help identify distinct districts;..." D(A No. 10-02&CUP No. 10-09 PC Hearing Date:November 17,2010 Page S 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." 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. The procedures of the Development Code were followed by presenting the proposed project to the Development/Environmental Review Committee (D/ERC) for review, and the D/ERC recommended approval of the project under the CEQA exemption for urban in-fill. 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 of the Uptown Redevelopment Project Area. The project site is located at a good location to display an electronic message center that will attract I-215 travelers to do business and take advantage of services and entertainment venues in the City. Since the purpose of the proposed sign is to advertise the project area, its construction would be compatible with existing and future land uses in the area and would not be detrimental to other permitted uses. Successful promotion of the Uptown Redevelopment Project Area would benefit the public interest, health, safety, convenience and welfare of the City. 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-215, as needed to promote the Uptown Redevelopment Project Area. DCA No. 10-02&CUP No. 10-09 PC Hearing Date:November 17,2010 Page 6 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 from P and "I" Streets, and existing water, sanitation services and other utilities are available to the site. All necessary infrastructure and public services are available to serve the project site. Applicable building codes and permitting requirements will ensure that the proposed sign would not be detrimental to public health and safety. CONCLUSION The electronic message center sign proposed for the Uptown Redevelopment Project Area satisfies all Findings of Fact required for approval of Development Code Amendment No. 10-02 and Conditional Use Permit No. 10-09, subject to compliance with the recommended conditions of approval and standard requirements, including approval of a license agreement by the Mayor and Common Council. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of Development Code Amendment No. 10-02 and Conditional Use Permit No. 10-09 to the Mayor and Common based on the Findings of Fact contained in the Staff Report and subject to the Q Council, Conditions of Approval (Attachment C)and Standard Requirements (Attachment D). Respectfully Submitted, Tern Rahhal Deputy Director/City Planner Attachment A Location Map Attachment B Site Plan and Design Details Attachment C Conditions of Approval Attachment D Standard Requirements Attachment E Development Code Amendment Proposal ATTACHMENT A CITY OF SAN BERNARDINO PLANNING DIVISION -ma I PROJECT: CUP 10-09 LOCATION MAP NORTH HEARING DATE: NOV. 17, 2010 4: *� W 3rd St 1 W 3rd St I I � Project Site t 5 I I .A 'a r j I � Main t_ — ain St 1 2 y �LC1G Gccgfe- Map date 11 I y I ATTACHMENT B - 1 d Nt Q} c' tU H �Z c N U cJ) Qa O D 0 0 D� r-t ry N e 3 e saa= ggaa ` z2:s� 0 W t m , WW soZD 4%0 a Y (D } 8 i S z N r s rt - _ .A-.SL � r LAJ ° E o x° aa� i 3E 3 M W s - f LU it f E =�. z� °v DC a Px@ wMr r. Cw � NN W d= �C �� 8.5 ...... <n o illllk ATTACHMENT C CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 10-09 3 y 1. This Conditional Use Permit authorizes construction and operation of an electronic message center (EMC) sign for the Uptown Redevelopment Project Area. This approval is contingent on approval of the concurrent application, DCA No. 10-02, to amend Development Code §19.22.080(7)(A) to permit an off-site EMC sign for the Uptown project area. The total sign face area is approximately 1,078 sq. ft., comprised of a 756 sq. ft. changeable electronic message display and a 322 sq. ft. static panel with a Welcome to San Bernardino message. The maximum height shall be 50 feet above the grade level of the adjacent I-215 freeway, or a maximum height of 75 feet, if justified by a flag test. The site of the proposed sign is located on the west side of I-215, at the southeast corner of 3`d and"I" Streets, in the CG-1, Commercial General land use district. (APN 0134-263-27). z 2. Within two years after the effective date of this approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of this application does not authorize commencement of construction. All necessary permits shall be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standard Requirements. Expiration Date: 24 Months after effective date of DCA No. 10-02 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 :x 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. 3 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, 9 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 CUP 10-09 Conditions of Approval Planning Commission Hearing Date: 1 l/17/10 Page 2 oj'3 action, but such participation shall not relieve applicant of his or her obligation under this condition. 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 issuance of a building permit for the electronic message center sign. 6. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 7. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards, including: dust control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; and vibration control. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by walls or structural elements, blending with the building design, or screened by landscaping if placed on the ground. 8. 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. 9. If different colors or different finish materials are proposed in the final design of the sign, the revisions 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. �3 CUP 10-09 Conditions of Approval Planning Commission Hearing Date: 11/17/10 Page 3 of 3 10. Structural engineering data shall be submitted with construction plans to the Building Division for plan check and permitting. 11. An outdoor advertising permit from Caltrans shall be issued prior to issuance of a building permit for the electronic message center sign. 12. Construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m. No construction vehicles, equipment, or material deliveries shall arrive at the site before 7:00 a.m. or leave the site after 8:00 p.m. Construction activities shall occur Monday through Saturday only. 14. All construction and grading equipment shall be properly maintained. All vehicles and compressors shall be equipped with exhaust mufflers and engine covers as designed by the manufacturers at all times. 15. Plan submittals for permit applications to the Building Plan Check Division shall include a copy of all Conditions of Approval (Attachment C) issued with the Conditional Use Permit. 16. No final inspection and approval of the construction project shall be issued until all conditions of approval and standard requirements have been completed. 17. This permit or approval is also subject to Attachment D, the standard requirements at the time of development of the following City Departments or Divisions: a. Community Development Department/Building Division b. Water Department End of Attachment C ,I i i a ATTACHMENT D "' i► City of San Bernardino Be STANDARD REQUIREMENTS San Bernardino Development Services/Plan Check Division Property Address: DRC/CUP/DP: CUP l0-( DATE: fl—�—/O NOTE: NO PLANS WILL BE ACCEPTED FOR PLAN CHECK WITHOUT CONDITIONS OF APPROVAL IMPRINTED ON PLAN SHEETS. Submit 6 sets of plans, minimum size 18"x 24",drawn to scale. If plan check is for expeditious review, submit 6 sets. The plans shall include(if applicable): 0 SITE PLAN(include address & assessors parcel number) • FOUNDATION PLAN • FLOOR PLAN(label use of all areas) • ELEVATIONS • ELECTRICAL,MECHANICAL & PLUMBING PLANS • DETAIL SHEETS(structural) • CROSS SECTION DETAILS 0 SHOW COMPLIANCE WITH TITLE 24/ACCESSIBILITY (disabled areas) • PLAN CHECK DEPOSIT FEE WILL BE REQUIRED UPON SUBMITTAL OF PLANS. CALL DEVELOPMENT SERVICES (PLAN CHECK)FOR AMOUNT. NUMBER TO CALL: (909)384-5071 1. The title sheet of the plans must specify the occupancy classification,type of construction,if the building has sprinklers and the current applicable codes. 2. The person who prepares them must sign the plans. Also, provide the address and phone number of that person. Some types of occupancies require that the plans are prepared, stamped and signed by an architect, engineer or other person licensed by the State of California. 3. For structures that must include and engineers design, provide 2 sets of stamped/wet signed calculations prepared by a licensed architect/engineer. 300 N.'D'Street (909)384-5071 Office San Bernardino,CA 92418 (909)384-5080 Fax 4. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance forms are required to be printed on the plans. 5. Submit grading, site and/or landscape plans to Public Works/Engineering for plan check approval and permits. For more information, phone (909)384-5111. 6. Fire sprinklers plans,fire suppression system plans, etc. shall be submitted to the Fire Department for plan check approval and permits. For information, phone(909)384-5388. 7. Signs require a separate submittal to the Planning Division for plan check approval and permits. For information, phone (909)384-5057. 8. Restaurants,food preparation facilities and some health related occupancies will require clearances and approved plans from San Bernardino County Health Department. For information,phone(909)387-0214. 9. Occupancies that include restaurants, car washes, automotive repair/auto body, dental offices, food preparation facilities or processing plants, etc. may require approvals and permits from San Bernardino Water Reclamation. For information, phone (909)384-5141. 10. An air quality permit may be required. Contact South Coast Air Quality Management Division for information at(909)396-2000. 11. State of California Business & Professions Code/Contractors License Law requires that permits can be issued to licensed contractors or owner-builders(that are doing the work). Contractors must provide their State License Number, a city business registration and workers compensation policy carrier and policy number. Owner-builders must provide proof of ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 4-6 WEEKS FOR FIRST CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS. Comments: 300 N. 'D'Street (909)384-5071 Office San Bernardino,CA 92418 (909)384-5080 Fax SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STANDARD REQUIREMENTS DRC/ERC Case: DEVELOPMENT CODE AMENDMENT NO. 10-02 AND CONDITIONAL USE PERMIT NO. 10-09 APN NUMBER: 0134-263-27 :PN NUMBER: DATE COMPILED: 6/9/2010 ' REVIEW OF PLANS: COMPILED BY: Brunson,Ted OWNER: O&A Development, LLC DEVELOPER: Quiel Bros Electric Signs TYPE OF PROJECT: A request to modify Development Code Section 19.22.080(7)(A), Off-site Electronic Message Center Signs to add permitted locations for off-site electronic message center signs subject to a C.U.P. and a proposal for a 75'off-site message center sign. NUMBER OF UNITS: 0 LOCATION: The proposed sign location is on the west side of Interstate 215, at the southeast corner of 3rd and"I"Streets in the IL, Industrial Light land use district. WATER DEPARTMENT ENGINEERING: CONTACT: Nevarez, Mike PHONE NUMBER: (909)384-5092 FAX NUMBER: (909)384-5532 Note:All Water Services are Subject to the Rules Regulations of the Water Department V Size of Main Adjacent the Project 12"Cl IN 3rd STREET d Approximate Water Pressure 80 osi Elevation of Water Storage: 1249 Hydrant Flow @ 20psi: d Type, Size, Location and Distance to Nearest Fire Hydrant 036-235 Water Supply Study Required Pressure Regulator Required on Customer Side of the Meter Offsite Water Facilities Required Water Main Reimbursement Due Area Not Served by San Bernardino Municipal Water Department Network Hydraulic Analysis Required per Uniform Design Standards Comments: WATER QUALITY CONTROL CONTACT: Arrieta,Con PHONE NUMBER: (909)384-5325 FAX NUMBER: (909)384-5928 R.P.P. Backflow Device Required at Service Connection for Domestic Service Double Check Backflow Device Required at Service Connection for Fire and Irrigation Backflow Device to be Inspected before Water Service can be Activated No Backflow Device is required at this time SEWER CAPACITY INFORMATION CONTACT: Thomsen, Neil PHONE NUMBER: (909)384-5093 FAX NUMBER: (909)384-5592 Note:Proof of Payment Must be Submitted to the Building Safety Department Prior to Issuance of the Building Permit Sewer Capacity Fee Applicable at this time Sewer Capacity Fee must be paid to the Water Department for 0 Gallons Per Day: Equivalent Dwelling Units: 0 d Subject to Recalculation of Fee prior to the Issuance of Building Permit Breakdown Of Estimated Gallons Per Day COPY TO: Customer; Pla_ nniM Engineering Thursday,June 10,2010 EPM Page 1 of 1 SIGN REGULATIONS- 19.22 19.22.080 OFF-SITE SIGNS ATTACHMENT E 7. OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS MC 1211 7/5/05;MC 1316 10/5/09 A. Off-site electronic message center signs are permitted in the following location, subject to a Conditional Use Permit: • Central City South • Southeast Industrial Park • Uptown 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). i f ORDINANCE NO. 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 2 CHAPTER 19.22, SIGN REGULATIONS, SECTION 19.22.080(7)(A) OF THE SAN 3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO PROVIDE FOR APPROVAL OF AN ELECTRONIC MESSAGE CENTER SIGN FOR THE UPTOWN 4 REDEVELOPMENT PROJECT AREA. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 7 SECTION 1. Chapter 19.22, Sign Regulations, Section 19.22.080(7)(A) is amended to g allow for an off-site electronic message center sign to be permitted subject to a Conditional Use 9 Permit in the Uptown redevelopment project area, as shown in Attachment 1, attached hereto and 10 incorporated herein by reference. 11 SECTION 2. Severability. In the event that any provision of this Ordinance, or any part 12 thereof, or any application thereof to any person or circumstance, is for any reason held to be 13 14 unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its 15 face or as applied, such holding shall not affect the validity or effectiveness of any of the 16 remaining provisions of this Ordinance, or any part thereof, or any application thereof to any 17 person or circumstance or of said provision as applied to any other person or circumstance. It is 18 hereby declared to be the legislative intent of the City that this Ordinance would have been 19 adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. 20 21 22 23 //// 24 25 26 27 28 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.22, SIGN REGULATIONS, SECTION 19.22.080(7)(A) OF THE SAN 2 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO PROVIDE FOR APPROVAL OF AN ELECTRONIC MESSAGE CENTER SIGN FOR THE UPTOWN 3 REDEVELOPMENT PROJECT AREA. 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof,held on the 6 day of , 2011,by the following vote, to wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ 9 VACANT 10 BRINKER 11 SHORETT 12 KELLEY 13 JOHNSON 14 MC CAMMACK 15 16 City Clerk 17 The foregoing Ordinance is hereby approved this_day of , 2011. 18 19 20 PATRICK J. MORRIS,Mayor City of San Bernardino 21 22 Approved as to form: 23 JAMES F. PENMAN City Attorney 24 25 By: � 26 27 28 ATTACHMENT 1 19.22.080 OFF-SITE SIGNS 7. OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS MC 12117/5/05;MC 1316 10/5/09 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 • UptoWri 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. 1. 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 1 19.22.080 OFF-SITE SIGNS 7. OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS MC 12117/5/05;MC 1316 10/5;09 A. Off-site electronic message center signs are permitted in the following location, subject to a Conditional Use Permit: • Central City South • Southeast Industrial Park • Uptown 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. 1. 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