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
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►�-an■w�T CA 92412�,r 4 nC I
SCALE: AS DIMENSIONED ��-"
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AREA : FIRST FLOOR-10,238 SQ. OX
SECOND FLOOR-10,162 SQ. FT,
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APPROX. 2% SLOPE
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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
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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
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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).
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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
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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 ////
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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
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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