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HomeMy WebLinkAbout37- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Al Boughey, Director Subject: Development Code Amendment No. 95-11 - A request to amend Chapter 19.22,Section ���Y,9 allow. 2 2 . 0 6 0 C of the Development Code to Dept: Planning & Building Services 0 ©( �J the use of permanent flags by �� specified uses Date: July 3, 1996 MCC Date: July 15, 1996 Synopsis of Previous Council Action: N/A Recommended Motion: That the Mayor and Common Council close the public hearing and adopt the ordinance for Development Code Amendment No. 95-11. Al Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report and Ordinance Ward: N/A FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: Agenda Item No. 3 P7 ��is /196 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 95-11 Mayor and Common Council meeting of July 15, 1996 APPLICANT: ECONOMIC DEVELOPMENT AGENCY REQUEST/LOCATION: A City initiated proposal to amend Chapter 19.22, Section 19.22.060(C) of the San Bernardino Municipal Code (Development Code) to allow the use of permanent flags by specified uses. This ordinance will affect parcels Citywide and establish standards for approval of comprehensive sign programs for the installation of permanent flags. BACKGROUND: A Development Code Amendment was requested by the Economic Development Agency (EDA) to allow the use of permanent decorative flags as architectural enhancements for the renovated California Theater. The EDA has also requested this code amendment so that in the future, the Agency can apply for decorative flags for the Metrolink/Santa Fe depot site. The Code does not allow the use of permanent flags, pennants or banners on any building or site in the City. KEY ISSUES: * Staff recommends a measured approach which would allow decorative flags for specific uses and buildings of regional significance with submittal of a comprehensive sign program. The intent of this code amendment is to allow flags for those uses that relate to an approved urban design plan, a cultural or civic event or goal of the city. * This proposal is not intended to be applicable to official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations. ENVIRONMENTAL DETERMINATION: Pursuant to Section 15061(b-3) of the CEQA guidelines, the proposal to allow the use of permanent flags by specified uses is exempt from CEQA as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed changes to the Development Code are to modify the development Development Code Amendment No. 95-11 HEARING DATE: July 15, 1996 PAGE: 2 standards for signage within the City and will not impact the environment. COMMENTS RECEIVED: Staff received a letter from Quiel Bros. Signs requesting changes to the development code amendment. Those requested changes were incorporated into the amendment at the Planning Commission meeting. No other comments have been received by staff regarding this proposal. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended that the Mayor and Common Council approve the Commission Recommendation for Development Code Amendment No. 95-11 based on the attached Findings of Fact (Attachment "A"). [Note: The Planning Commission vote was 7 to 0 (Ayes: Gonzalez, Hamilton, Lockett, Schuiling, Stone, Thrasher and Traver; Nays: none; Abstain: Quiel; and, Absent: Enciso and Strimpel)]. STAFF RECOMMENDATION: Staff recommends that the Mayor and Common Council: �I 1. Adopt the Ordinance for Development Code Amendment No.95-11 (Exhibit 1) as presented. Prepared by: Margaret Park, Associate Planner Prepared for: Al Boughey, Director of Planning and Building Services EXHIBITS: 1. Text modification to the Code 2. Planning Commission Staff Report 3. Ordinance for Development Code Amendment No. 95-11 Development Code Amendment No. 95-11 HEARING DATE: July 15, 1996 PAGE: 3 EXHIBIT 1 TEXT MODIFICATIONS 19.22.030 DEFINITIONS Permanent Flags. Any canvas, vinyl-coated fabric, acrilan, or similar material used for decorative or architectural enhancement and is not used for commercial advertising of products or services. Permanent flags are related to a cultural or civic event or goal of the City. 19.22.060 PROHIBITED SIGNS C. Banners, flags and pennants, except as permitted by Section 19.22.090 19.22.090 PERMANENT FLAGS Permanent flags may be installed subject to a comprehensive sign program pursuant to Section 19.22.040(2). Permanent flags shall be consistent with programs that relate to a cultural or civic event or goal of the City. Standards of safety and maintenance shall be assured. Such flag programs shall be subject to the following provisions: 1. Permitted uses/buildings include auditoriums, convention halls, performance centers, libraries, museums, public agency facilities, approved urban design plans, and other uses/buildings deemed similar by the Director, pursuant to Section 19.02.070(3). 2. Flags shall be constructed of pliable materials such as canvas, vinyl-coated fabric, acrilan, or similar materials which will withstand exposure to wind and rain without significant deterioration. 3. No sign permits for single flags and banners are permitted. 4. No commercial advertising of products or services is permitted on permanent flags. 5. All permanent flags shall require building permits as necessary for construction or installation. 6. Decorative flags shall be placed so there is no projection above the eaveline of the subject building. 7. Flag copy shall be limited to the name and date of publicized event. 8. The number and location of permanent flags shall architecturally enhance the Development Code Amendment No. 95-11 HEARING DATE: July 15, 1996 PAGE: 4 structure on which they are placed. 19.22.150 SIGN REGULATIONS, TABLE 022.01 B(11) Permanent flags pursuant to 19.22.090. C(6) Permanent flags pursuant to 19.22.090. D(4) Permanent flags pursuant to 19.22.090. E(2) Permanent flags pursuant to 19.22.090. F(2) Permanent flags pursuant to 19.22.090. Reorder Development Code Sections 19.22.090 through 19.22.150 to 19.22.100 through 19.22.160. SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: DEVELOPMENT CODE AMENDMENT NO. 95-11 AGENDA ITEM: 2 HEARING DATE: 5-21-96 WARD: Various APPLICANT: AGENT: ECONOMIC DEVELOPMENT AGENCY QUIEL BROS. SIGN 300 North 'D' Street 272 So. "I" Street San Bernardino, CA 92418 San Bernardino, CA 92410 REQUEST / LOCATION - A City initiated proposal to amend Chapter 19.22, Section 19.22.060(C) of the San Bernardino Municipal Code (Development Code) to allow the use of permanent flags by specified uses. This ordinance will affect parcels Citywide and establish standards for approval of comprehensive sign programs for the installation of permanent flags. EXISTING LAND USE PROPERTY LAND USE DESIGNATION SUBJECT N/A N/A NORTH N/A N/A SOUTH N/A N/A EAST N/A N/A WEST N/A N/A GEOLOGIC/SEISMIC YES ❑ FLOOD HAZARD YES ❑ SEWERS: YES ❑ HAZARD ZONE: NO ■ ZONE: NO ■ NO ■ HIGH FIRE HAZARD YES ❑ AIRPORT YES ❑ REDEVELOPMENT YES ❑ ZONE: NO ■ NOISE/CRASH NO ■ PROJECT AREA: NO ■ ZONE: ENVIRONMENTAL FINDINGS: STAFF RECOMMENDATION: ❑ Not Applicable ❑ E.I.R. w/ Significant ■ APPROVAL ■ Exempt Effects ❑ No Significant ❑ CONDITIONS Effects ❑ Significant Effects, ❑ Potential Effects, See Attached E.R.C. ❑ DENIAL Mitigating Minutes Measures, ❑ CONTINUANCE No E.I.R. TO: EXHIBIT 2 DCA 95-11 Hearing Date: 5-21-96 Page 2 REQUEST: The request is for an amendment to Chapter 19.22, Section 19.22.060(C) of the San Bernardino Municipal Code (Development Code) to allow the use of permanent flags by specified uses and establish standards for approval of comprehensive sign programs for the installation of permanent flags. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS: Pursuant to Section 15061(b-3) of the CEQA guidelines, the proposal to allow the use of permanent flags by specified uses is exempt from CEQA as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed changes to the Development Code are to modify the development standards for signage within the City and will not impact the environment. BACKGROUND: A Development Code Amendment was requested by the Economic Development Agency (EDA) to allow the use of permanent decorative flags as architectural enhancements for the renovated California Theatre. The EDA has also requested this code amendment so that in the future, the Agency can apply for decorative flags for the Metrolink/Santa Fe depot site. The Code does not allow the use of permanent flags, pennants or banners on any building in the City. PROPOSAL: The applicant is requesting the modification of the Development Code to permit the use of exterior, permanent decorative flags as part of the architectural features and design of the California Theatre and the Metrolink station at the Santa Fe depot. Because of the need for a Development Code amendment staff must evaluate the impact of an amendment on other buildings in the City. Staff has reviewed the proposal and is concerned that permitting flags without any restrictions and for all land uses will create substantial clutter and visual blight that will detract from the cityscape and create additional work for an already overburdened Code Compliance Division. As a result, staff recommends a measured approach which would allow decorative flags for specific uses and buildings of regional significance with submittal of a comprehensive sign program. The intent of this code amendment is to allow flags for those uses that relate to an approved urban design streetscape plan, a cultural or civic event or goal of the city. This proposal is not intended to be applicable to official flags of the United States the State of California, and other states of the nation, counties,municipalities, official flags of foreign nations and nationally or internationally recognized organizations. AMENDMENT: Staff researched other cities sign ordinances that permit decorative flags for assistance in developing guidelines. Staff proposes the following requirements for use of permanent decorative flags on buildings: PROPOSED SECTION 19.22.090 A flag program may be approved provided the flags are consistent with programs that relate to a cultural or civic event or goal of the City, and standards of safety and maintenance are DCA 95-11 Hearing Date: 5-21-96 Page 3 assured. A comprehensive sign program, as identified in Section 19.22.040(2), shall be required for all flag programs. Such flag programs shall be limited to the following provisions: 1. Permitted uses/buildings: A. Auditoriums B. Convention Halls C. Performance Centers D. Libraries E. Museums F. Public agency facilities G. Approved Urban Design Streetscape Plans H. Other uses/buildings deemed similar by the Director 2. Flags shall be constructed of pliable materials such' as canvas, vinyl-coated fabric, acrilan, or similar materials which will withstand exposure to wind and rain without significant deterioration and are allowed to use up to 3 different colors. 3. Individual sign permits for single flags and banners shall not be permitted. 4. Flags are not allowed for purposes of commercial advertising. 5. All permanent flags shall require building permits as necessary for construction or installation. 6. Decorative flags may not project above the eaveline of the subject building. 7. Illumination of decorative flags shall be prohibited. 8. Flag copy must be designed in a single type style. GENERAL PLAN CONSISTENCY: The proposed Development Code Amendment is consistent with the General Plan in that Objective 1.45 directs that private signage is well integrated into architectural and site design and minimized with land use districts to reduce visual clutter and blight. This will be achieved through the requirement of approval of a comprehensive sign program and compliance with the proposed design requirements for decorative flags. CONCLUSION: The request is to amend the Development Code by allowing permanent decorative flags for certain specified uses. The proposal is exempt from CEQA as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. No significant environmental impacts will occur as a result of the proposal. The amendment is consistent with the General Plan. DCA 95-11 Hearing Date: 5-21-96 Page 4 RECOMMENDATION: Staff proposes that the Planning Commission recommend that the Mayor and Common Council approve Development Code Amendment No. 95-11 subject to the attached Findings of Fact (Attachment "A"). Respectfully subr,�itted, AL BO Y Director of Planet g and Building Services Prepared by: MARGARET E. PARK Associate Planner Attachment: A - Findings of Fact DCA 95-11 Hearing Date: 5-21-96 Page 5 ATTACHMENT 'A' FINDINGS OF FACT Development Code Amendment No. 95-11 1. The proposed Development Code Amendment is consistent with the General Plan in that Objective 1.45 directs that private signage is well integrated into architectural and site design and minimized with land use districts to reduce visual clutter and blight. This will be achieved through the requirement of approval of a comprehensive sign program and compliance with the proposed design requirements for decorative flags. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that approval of a building permit for all permanent flags will be required prior to installation. SIGNS BY �) SINCE 1961 272 SOUTH I STREET, SAN BERNARDINO, CALIF. 92410 PH. 909-885-4476 FAX 909-888-2239 May 20, 1996 City of San Bernardino Planning Commission D 300 North "D" St. D San Bernardino, CA 92410 MAY 2 1 1998 Re: Development Code Amendment No. 95-11 CITY CF SAN eEANA;to%0 May 21, 1996 Agenda Item• #2 QEPAPTfNENT OF PLANNING& f�U1LG!�Vv SEi3ViCcS . Dear Planning Commissioners: I Gary Quiel of Quiel Brothers Signs am unable to attend the May 21, 1996 Planning Commission meeting to comment on Development Code Amendment No. 95-11. Please review the following concerns I have related to the eight provisions proposed by staff on page 3 of your staff report dated 5-21-96. Item #1 In agreement. Item #2 I do not believe we should limit colors used to three (3) . With today's technology it is not uncommon to have an actual full color graphic or picture reproduced on the flag material. In addition the material used should have a specified fire rating. Item #3 If I am understanding this correctly we are saying that flags or banners will not be permitted as a sign and not be subject to any of the provisions of the sign ordinance. If this is correct than I agree based on the required staff review for each flag program that is applied for. Item #4 I believe the purpose of this request is to allow people to advertise upcoming events in an attractive way. However if the event cost money to attend, would the advertising now be considered commercial? Item #5 When a flag program is approved by the Planning Department, the approval would grant the ability to display flags at designated locations, sizes and quantity. After the program is approved then Building and Safety should review the plans for the proper supports and attachments of the flags and issue the building permit. I don't feel that each time the flags SALES • SERVICE • LEASING • MAINTENANCE • CRANE SERVICE • NEON Calif.Contractors License No.217345 are changed out that a new permit or approval be required. Item #6 In agreement. Item #7 I feel that lighting of the flags should be a decision by the applicant. If additional lighting is desired for the purpose of illuminating the flags it should be conditioned that the lighting be aimed upwards at the flag and not cause any glare on the ground below. Any additional lighting would be included for review by Building and Safety and installed by a C-10 or C-45 contractor. Item #8 I don't believe the number of type styles should be regulated, however I believe that the copy should be limited to only the name and dates of the event and the copy should not exceed 60% of the background area. Please review the enclosed recommendation for possible ideas. In closing, I would just like to say that I am not trying to undermine the Planning Department. I only want to see enough regulations in order that if approved will add something to the appearance of San Bernardino and not have an overproliferation of Flags or Banners. Respectfully submitted, QUIEL B OTHERS ELECTRIC SIGN VICE CO INC. 1 Gary Quiel ' Vice President GQ: js Enc cc: San Bernardino Planning Department San Bernardino Economic Development Agency San Bernardino Civic Light Opera Recommended Use of Flags A Permit shall be required for the permanent display of Banners, Pennants, and Flags (other than California or U.S. Flag) for the purpose of advertising upcoming and current public events that are not related to any wholesale or retail sales. The Banners, Pennants, or Flags shall be displayed no sooner than 60 days of the displayed event opening date, and shall be removed no later that 7 days after the closing date of the event. Copy will be restricted to only the name and dates of the event. Prior to the issuance of a Permit, it shall be the duty of the Planning Department to review the application for architectural compatibility with the building and surrounding area. Building and Safety shall then review the methods being used for attachment. In the event that a Banner, Pennant, or Flag becomes ripped or faded it shall be removed or replaced immediately ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19 .22 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) 3 REGARDING THE USE OF PERMANENT FLAGS BY SPECIFIED USES. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 SECTION 1. Chapter 19 . 22 of the Municipal Code (Development 6 Code) is amended to allow the use of permanent flags by specified 7 uses. 8 SECTION 2. Section 19. 22 . 030 DEFINITIONS, is amended to add 9 a definition for "Permanent Flags" : 10 "Permanent Flags. Any canvas, vinyl-coated fabric, acrilan, or 11 similar material used for decorative or architectural 12 enhancement and is not used for commercial advertising of 13 products or services. Permanent flags are related to a 14 cultural or civic event or goal of the City. " 15 SECTION 3. Section 19.22 . 060 (C) PROHIBITED SIGNS, is amended 16 to read as follows: 17 loc. Banners, flags and pennants, except as permitted by 18 Section 19.22 . 09011 19 SECTION 4. Sections 19.22 . 090 through 19.22 . 150 are 20 renumbered as Sections 19.22 . 100 through 19.22 . 160. 21 SECTION S. A new Section 19.22 . 090 is added to read as 22 follows: 23 1119.22 . 090 PERMANENT FLAGS 24 Permanent flags may be installed subject to a comprehensive 25 sign program pursuant to Section 19.22 .040 (2) . Permanent flags 26 shall be consistent w ms- that re-late--to a cultural or 27 civic event or goals of the City. Standards of safety and 28 1 1 maintenance shall be assured. Such flag programs shall be 2 subject to the following provisions: 3 1. Permitted uses/buildings include auditoriums, convention 4 halls, performance centers, libraries, museums, public 5 agency facilities, approved urban design plans, and other 6 uses/buildings deemed similar by the Director, pursuant 7 to Section 19. 02 . 070 (3) . 8 2 . Flags shall be constructed of pliable materials such as 9 canvas, vinyl-coated fabric, acrilan, or similar 10 materials which will withstand exposure to wind and rain 11 without significant deterioration. 12 3 . No sign permits for single flags and banners are 13 permitted. 14 4 . No commercial advertising of products or services is 15 permitted on permanent flags. 16 5. All permanent flags shall require building permits as 17 necessary for construction or installation. 18 6. Decorative flags shall be placed so there is no 19 projection above the eaveline of the subject building. 20 7. Flag copy shall be limited to the name and date of 21 publicized event. 22 8 . The number and location of permanent flags shall 23 architecturally enhance the structure on which they are 24 placed. " 25 SECTION 6. Section 19.22 . 150 SIGN REGULATIONS, TABLE 022 . 01, is 26 amended to permit Permanent Flags pursuant to Section 19.22 . 090 in 27 CO, Commercial Office Districts B-11; CN, CG, CR and CH Commercial 28 Districts C-6; OIP, IL, IH, and IE Industrial Districts and A, 2 1 Airport Districts D-4 ; PP, Public Parks E-2 ; PF, Public Facilities 2 Districts F-2 . See Attachment "A" , Development Code pages II-31 to 3 III-39C attached hereto and incorporated herein by reference. 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19 .22 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) 2 REGARDING THE USE OF PERMANENT FLAGS BY SPECIFIED USES. 3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted 4 by the Mayor and Common Council of the City of San Bernardino at a 5 meeting thereof, held on the day of 6 1996, by the following vote to wit: 7 Council Members AYES NAYS ABSTAIN ABSENT 8 NEGRETE 9 CURLIN 10 ARIAS 11 OBERHELMAN 12 DEVLIN 13 ANDERSON 14 MILLER 15 16 City Clerk 17 The foregoing resolution is hereby approved this 18 day of , 1996. 19 20 Tom Minor, Mayor City of San Bernardino 21 Approved as to form 22 and legal content: JAMES F. PENMAN City torney 24 By: 25 26 27 28 4 SIGN REGULATIONS.1 M .9 7 co f \ � } / - ; % 6 E ! 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