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Home My WebLink About30- Plannign & Building Services CITY OF SAN BERN. IDINO - REQUEST F,R COUNCIL ACTION From: Al Boughey, Director Subject: Appeal of the Planning Commission denial of Variance No. 93-19 multi- Dept: Planning & Building Services tenant sign at Waterman and Base Line Street. Date: December 29, 1993 MCC meeting of January 24, 1994 Synopsis of Previous Council action: None Recommended motion: That the hearing be closed, the appeal be denied and Variance No.93-19 be denied based on the Findings of Fact (Attachment "D" of Exhibit 1) . A BO HE ignature ,ontactperson: Al Boughey Phone: 5357 supporting data attached: Yes Ward: 2 =UNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: :ouncil Notes: 5-0262 Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: APPEAL OF DENIAL OF VARIANCE 93-19 Mayor and Common Council Meeting of January 24, 1994 REQUEST/LOCATION: The applicant, Stater Bros. Development, Inc., is appealing the Planning Commission's denial of Variance No. 93-19, a request to construct a center identification pylon sign with a lighted portion of 275 square feet (the letters and horizontal accent bands) per face, 40 feet tall with 4 tenants identified. The subject property is an irregularly-shaped parcel of land consisting of about 16.96 acres located at the northeast corner of Waterman Avenue and Base Line Street, having a frontage of about 970 feet on the north side of Base Line Street and frontage of 634 feet on the east side of Waterman Avenue. The proposed sign is located approximately 530 feet east of the centerline of Waterman Avenue on the north side of Base Line Street. The project is in the CG-2, Commercial General land use designation. (See Exhibit 1) KEY ISSUES: The key issues are as follows: • The proposal is for a 40 foot high pylon sign (Dev. Code permits 20 ft.), 474.5 square foot (per face) aggregate sign face area (Dev. Code permits 75 sq. ft.), with four tenant spaces (instead of the three allowed by code) with no center identification. The support members for the sign are two steel I-Beams, painted grey with no other enhancement. • There is an existing, non-conforming pylon sign adjacent to Waterman Avenue similar to the proposed sign. • The sign as proposed exceeds all standards of the Development Code regarding signs, and is reminiscent in terms of size and design of a billboard. • A monument sign that conforms to the requirements of the Code would be clearly visible and adequately serve the need for business identification along Base Line Street. • There are no special circumstances regarding topography, size, shape or location (of the monument sign) which would deprive the applicant of privileges enjoyed by other property in the vicinity and under the same land use classification. • The proposed sign is not compatible with the recently constructed Stater Bros. market. PAGE 1 Appeal of Denial of Variance 93-19 Mayor and Common Council meeting of January 24, 1994 Please see the analysis and attachments contained in Exhibit 3, Staff Report to the Planning Commission. OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and Common Council may: 1. Deny the appeal and deny Variance 93-19; or 2. Continue the item, uphold the appeal, approve Variance No. 93-19 in concept and direct staff to prepare positive findings. ENVIRONMENTAL: The proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15311. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed Variance 93-19 on December 14, 1993, and voted 5-0 to deny Variance 93-19, based upon the Findings of Fact (See Exhibit 3). STAFF RECOMMENDATION: Staff recommends that the Mayor and Common Council; Deny Variance 93-19 based upon the Findings of Fact contained in the Planning Commission staff report. Prepared by: Jeffery S. Adams, Assistant Planner For: Al Boughey, Director, Planning and Building Services EXHIBITS: 1. Location Map 2. Site Plan, Elevations 3. Planning Commission Staff Report Attachments: A - Leeatiex-Map (Included as Exhibit 1) B - Site Pien, Fley *lefts (Included as Exhibit 2) C - Development Code and General Plan Consistency D - Findings of Fact (Staff) E - Applicant's Findings of Fact F - Conditions of Approval 4. Applicant's Letter of Appeal doc:791 PAGE 2 CITY OF SAN BERNARDINO PLANNING AGENDA AND BUILDING SERVICES DEPARTMENT ITEM #5 CASE VAR Nn- 93-19 LOCATION HEARING DATE 12/14/93 • t sit, I C� • Tvr T ( S 9-YIN •• Ce T SITE "Tr5 T or�c�• v6 ' G T � �� • BASELINE ST. V Zff Q w � ' T z 10 H � sc W 1 g r ,. IT V- of UA .EMMU00 ' GEMiRAL/gINTIMG gRMCF3 EXHIBIT I PAGE 3 5 RETURNS 36'* 22'-0" • 308 sq. ft. 18-6 Ar A v I I ' . I I i � I I I i I �A V- C? lii II � � ! IIIIIIII II � I � Ili I ! � II ! ! I ! ---- I �, I I � � I � � � � � � I I � I � ' 5J1 ,C V1'v�_' ":?<_�:�--F,. •. :V--A n.w END VIEW =Ati-_P,L,_ -_ C�- <t��^ E Aav --A-E ZE:A NEi2SPAN"E=7A_—K CA6WE'S;CEi,,__VVA__ o_%lR FAC-Cri'-ANx 31V_ N �I FAERIC KIN7 I L `;r v5\A -- —' • 55 s ft TENANT q� s each I-BEAMS wzo..,_._," w... w.,ct 'VJ n 4C: WNUFACTURE&INSTALL 1 D/F PYLON SIGN • 40 FEET TA L L 475.5 sq. ft. EXHIBrr 2 • TOTAL AREA PAGE 4 .w�.w..Y... Y L'ad 177wnw'foua d 3LLV J.i ` 3�m Awl��S s�1e�B a (I mvw)xv-w 3111 nitan7t _ � .•, I Y Y I Y I Y I Y Y I.Y Y 7 Y i ' I,ItI I � , 'I � ,�•: � � �, �; �j ,: ��f, _ i°i : :I : , � ii_�l it : � e - t 3 � � -� ! G d ( �binl6� I' ,d L 9 3_.Ya�.� iit� v �:. � �Yr - lc i la I I I, -•Y 9:F R Y- _ ; e F e ssIGI. i Islet A ;;�, t t•_ _ liar �- _ -x_ - s � i �! e R el•�4 �I i - gi � � Y[.••}.� 3' i i- � »� -:Y I .. "e d � a � a I B p �6 !.;• •f � •,�f ( -.� i � ° t 1 1 e � r e c z ' a` - -�e � ! r" �' � Y �9� �I' a �I SI�� O a• S..�ij 1� -' !'i � _i � - � - - i Y°e�• alllf�$'t W �'L i" 3 ._3 •$$- !t°% - �.}_ ac �� s aY� � � _ J • :f;:l. t. �:u0 "3 Y:i � �e f I � � I 7- Z— iE i � rlf]� .�I� � � �I�I❑I J''�'. ,_e �i+i E 2>< �! e I _ 1 T°f ES tit: $ C",.✓'��..i' �l7"�,,�. ...Q o--f..' -y •r if d _ 7 a es � =➢i' � i iA � � i -O. �'_. r �.r-:. .r.3+e.-i zqq T IL ILS p¢ z G T- ----------------- - U «- Z i i x ' t_. i •:'. ... .-. it y '. i3v _•3 ____¢« ______ i_. u - _ - W CO cl:! --rer.e lti'; -----wT-rer-7o�-.—Y7_— --------�-----�j---'•'t , PAGE 5 - - - - EXHIBIT 2 - - CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT AGENDA ITEM #5 SUMMARY HEARING DATE December 14, 1993 WARD 2 APPLICANT: Young Electric Sign Co. 1413 East Philadelphia W N Variance No. 93-19 Ontario, California 91761 Q OWNER: Stater Bros. Market V 21700 Barton Colton, California 92324 The applicant requests approval of a Variance of Development Code Section 19.22. 150 (Table 022.01) to establish a free-standing multi-tenant identi- fication pole sign, larger than the allowable 75 square feet, higher than W the 20 foot height limit and with four tenant names instead of the three M permitted by the Development Code. WThe subject property is an irregularly-shaped parcel of land consisting of about 16.96 acres located at the northeast corner of Waterman Avenue and Base Line Street, having a frontage of about 970 feet on the north side of WBase Line Street and a frontage of about 634 feet on the east side of Q¢ Waterman Avenue and further described as being located at 444 East Base Line. The proposed sign is located approximately 530 feet east of the centerline of Waterman Avenue on the north side of Base Line Street. The project is in the EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION Subject Commercial Shopping Center CG-2 Commercial General North Residential RS Residential Suburban South Residential RM Residential Medium East Commercial CG-2 Commercial General West Residential RS Residential Suburban GEOLOGIC/SEISMIC ❑ YES FLOOD HAZARD ❑ YES ❑ ZONE A SEWERS: [X YES HAZARD ZONE: t] NO ZONE: ® NO ❑ ZONE B ❑ NO HIGH FIRE ❑ YES AIRPORT NOISE/ ❑ YES REDEVELOPMENT ❑ YES HAZARD ZONE: �n NO CRASH ZONE: PROJECT AREA: LS NO C� NO Q ❑ NOT ❑ POTENTIAL SIGNIFICANT Z ❑ APPROVAL APPLICABLE EFFECTS WITH O MITIGATING MEASURES Z N NO E.I.R. Q ❑ CONDITIONS LLI C3 U. C M Z ® EXEMPT ❑ E.I.R. REOUIRED BUT NO U. Z ® DENIAL Z 0 SIGNIFICANT EFFECTS Q W O WITH MITIGATING H M W Z X Cl)MEASURES ❑ CONTINUANCE TO O Z ❑ NO SIGNIFICANT ❑ SIGNIFICANT EFFECTS () LU EFFECTS SEE ATTACHED E.R.C. LLI MINUTES Q CM OF SM EFFOWNWO `NTPAL '"'"""W"`" EXHIBIT #3 PAGE 6 VARIANCE NO. 93-19 Agenda Item: #5 Hearing Date: 12-14-93 Page 7 REQUEST The variance application requests approval of a free-standing business identification pole sign, 40 feet tall, having a primary sign face area of 308 square feet (STATER BROS.) and three individual sign blanks for tenant identification (55 square feet each) bringing the total sign face area up to 474.5 square feet per side. LOCATION The subject property is an irregularly-shaped parcel of land consisting of about 16.96 acres located at the northeast corner of Waterman Avenue and Base Line Street, having a frontage of about 970 feet on the north side of Base line Street and frontage of 634 feet on the east side of Waterman Avenue and further described as being located at 444 E. Base Line. The proposed sign is located approximately 530 feet east of the centerline of Waterman Avenue on the north side of Base Line Street. The project is in the CG-2, Commercial General land use designation. (See Attachment A) DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE The proposed sign is not in conformance with the Development Code, in that section 19.22.150 (Table 022.01) limits the size of a shopping center monument sign, for a center less than 25 acres, to a maximum of 75 square feet of sign area per monument face, 20 feet in height and allows the identification of the center and/or up to three major tenants. (See Attachment C) In addition, the proposed sign is not well integrated into the architectural design of the center which is a stated objective of the General Plan. CALIFORNIA ENVIRONMENTAL QUALITY ACT STATUS The proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15311. BACKGROUND Sign Permit No. 93-54 was approved for the Stater Bros. Market on May 28, 1993, which allowed the refacing of an existing pole sign located just south of the middle entrance to the shopping center on Waterman Avenue. The sign is located adjacent to the property line and is 40 feet in height and measures 14.5 feet by 22.5 feet (326.25 sq. ft.). The pole sign acknowledged the Stater Bros. location since the existing store location is not particularly visible from Waterman Avenue. PAGE 7 VARIANCE NO. 93-19 Agenda Item:#5 Hearing Date: 12-14-93 Page 8 On August 17, 1993, Variance No. 93-13 was approved by the Planning Commission which allowed an oversized wall sign to be installed on the Stater Bros. building. On October 1, 1993, Variance No. 93-19 was submitted by Stater Bros. to the Planning and Building Services Department requesting approval of a free-standing pole sign adjacent to Baseline Street. ANALYSIS Site and Area Characteristics The site is part of an existing shopping center which is located on the northeast corner of Waterman Avenue and Baseline Street. The current center has buildings oriented in an east-west fashion and located along the northern edge of the site. The new Stater Bros. Market faces westward toward Waterman Avenue. The Stater Bros market is set back from Baseline approximately 190 feet, and oriented so that the end of the building faces Baseline. There are no signs proposed for this elevation, which will eventually be covered by a building for in-line tenant shops. There are single-family residences to the north and east, directly adjacent to the shopping center. There are multi-family units to the south of the project, across Baseline Street, and commercial uses across Waterman Avenue to the west. Proposal The applicant requests approval of a Variance of Development Code Section 19.22.150 (Table 022.01)to establish a free-standing multi-tenant identification pole sign, larger than the allowable 75 square feet, higher than the 20 foot height limit, and with four tenant names instead of the three permitted by the Development Code. Evaluation of Request The variance request is based primarily on the location of the building in relation to Baseline Street. The Stater Bros market is located approximately 845 feet from, and faces toward Waterman Avenue, and approximately 190 feet north of Baseline Street. The Development Code allows a 20 foot high, double faced monument sign with a maximum of 75 square feet of sign area per face for a multi-tenant shopping center less than 25 acres. The monument sign may identify the name of the shopping center and/or up to three major tenants. A minimum of 20% of the sign face shall be dedicated to the shopping center identification. PAGE 8 VARIANCE NO. 93-19 Agenda Item: #5 Hearing Date: 12-14-93 Page 9 The proposal is for a 40 foot high (100% taller than code), 474.5 square foot aggregate sign face area (600% larger than code), with four tenant spaces (instead of the three allowed by code) with no center identification. The support members for the sign are two steel I-Beams, painted grey with no other enhancement. The Stater Bros. portion of the sign is 308 square feet in total area. The lighted portion is 275 square feet (the letters and horizontal accent bands) while the letter area alone is 85.5 square feet. The sign as proposed exceeds all standards of the Development Code regarding signs, and is reminiscent in terms of size and design of a billboard. A monument sign that conforms to the requirements of the Code would adequately serve the need for business identification along Baseline Street. The General Plan addresses the architectural design style and character of a building and requires signs to be integrated into that design. There does not appear to have been any attempt to integrate the sign into the design of the Stater Bros Market. The new Stater Bros. building has been addressed architecturally by varying the wall planes and using materials that provide different textures. The proposed pole sign is not consistent with the quality of the building, nor compatible with its architecture. Development Code Amendment 92-02 modified the Code standards to differentiate between shopping centers which are less than 25 acres (small center) and those greater than 25 acres (large center). The development standards for free standing signs in large centers changed to allow a five foot increase in height and a 45 square foot increase in sign area. The shopping center containing the Walmart store is a large center, and the free standing center identification signs conform to the Development Code standards. Westside Plaza is a small center which has a grocery store and various in-line tenants similar to the Stater Bros. site. The signs for Westside Plaza also conform to the standards of the Development Code. The proposed Stater Bros. sign is significantly beyond not only the standards for a small center, but for a large center as well. Staff does not concur with the applicant's Findings, which are included as Attachment "E". CONCLUSION The Findings of Fact submitted by the applicant demonstrate a need for a sign larger than the maximum 75 square feet. Staff does not support the Findings made by the applicant for the Variance request. PAGE 9 VARIANCE NO. 93-19 Agenda Item: #5 Hearing Date: 12-14-93 Page 4 RECOMMENDATION Staff recommends that the Planning Commission deny Variance No. 93-19 based on the Findings of Fact (Attachment D). Respectfully subm� , 6�1 411-411 Al ector Planning and B ' Services Jeffery S. Adams Assistant Planner Attachments: A - Location Map B - Site Plan, Elevations C - Development Code and General Plan Consistency D - Findings of Fact (Staff) E - Applicant's Findings of Fact F - Conditions of Approval PAGE 10 VARIANCE NO. 93-19 Agenda Item: 5 Hearing Date: 12-14-93 DEVELOPMENT CODE AND GENERAL PLAN CONSISTENCY VARIANCE NO. 93-19 CATEGORY PROPOSAL DEV. CODE GENERAL PLAN Use Free-Standing Sign Permitted N/A Quantity One Two N/A Height 40 feet 20 feet N/A Number of Four Tenants Center Identification N/A Tenants & Three Tenants Text Area N/A TOTAL 494.5 sq. ft. 75 sq. ft. per face (Maximum) Main Sign 308 sq. ft. 2nd Sign 55 sq. ft. 3rd. Sign 55 sq. ft. 4th Sign 55 sq. ft. ATTACHMENT C PAGE 11 VARIANCE NO. 93-19 Agenda Item: 5 Hearing Date: 12-14-93 FINDINGS OF FACT Variance No. 93-19 1&2. FINDING: There may be special circumstances applicable to the property, with respect to topography, such that the strict application of the Development Code height requirements deprives the subject property of privileges enjoyed by other properties in the vicinity and under the identical land use district classification, and this variance request is necessary to preserve the enjoyment of those rights FACT: There are no special circumstances which deprive the applicant of rights or privileges enjoyed by others in that the Development Code allows a smaller less conspicuous monument sign to be installed for business identification purposes. 3. FINDING: The granting of this variance request will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located. FACT: The sign, if permitted, would be constructed in conformance with the Uniform Building Code, Uniform Electrical Code and/or the Uniform Sign Code by a California state licensed sign contractor. City Building and Safety Staff shall verify that the sign has been properly installed. 4. FINDING: The granting of this variance request may not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which the subject property is located. FACT: All other commercially designated properties within a multi-tenant shopping center are afforded the same considerations allowing them to apply for a variance under Development Code Section 19.72.030, for sign related concerns. 5. FINDING: The granting of this variance request would not allow a use that is not otherwise expressly authorized by the regulations governing the subject parcel. FACT: The on-site identification of commercial uses is permitted by the Development Code. ATTACHMENT D PAGE 12 VARIANCE NO. 93-19 Agenda Item: 5 Hearing Date: 12-14-93 6. FINDING: The granting of this variance request will not be inconsistent with the General Plan. FACT: It is the objective of the General Plan (Objective 1.45) to ensure that private signage is well integrated into architectural and site design and minimized with land use districts to reduce visual clutter and blight. The proposed sign is not integrated into the building architecture or design. ATTACHMENT D PAGE 13 VARIANCE NO. 93-19 Agenda Item: 5 Hearing Date: 12-14-93 FINDING OF FACTS (APPLICANT) PAGE 14 ATTACHMENT E ALLAPPLICATIONS FOR A VARIANCE MUST INCLUDE A WRITTEN RESPONSE TO EACH OFTHE FOLLOWING ITEMS IN ORDER TO CLEARLY ESTABLISH THE NEM FOR THE VARIANCE. PLEASE ANSWER ALL ITEMS DIRECTLY ON THIS SHEET. A. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings,the strict application of this Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification; set15acKs w is are greater tnan otners In is Investing in excess of 5 million to improve this si e. Adequate identification of the center and tenants is a necessary element to insure the success of the businesses. B. That granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Variance is sought; Other similar businesses in the city enjoy as much or more signage than is being requested. C. That granting the Variance will not be materially detrimental to the public health, safety,or welfare,or injurious to the property or improvements in such vicinity and land use district in which the property is located; providing easy i en i ica ion of usinesses Iocared shopping center. °Aonwrw Tr.o�c�s PLAN-4M (`r911 PAGE 15 ML_ D. That granting the Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located; Ottiers nave Deen granted signage and most existing signage in the area exceeds curren restrictions. E. That granting the Variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; Signs are an allowable use in this zone. F. That granting the Variance will not be inconsistent with the General Plan. The granting of the variance is consistent with the general plan Po � /• `/S• in its objective to improve economic # I.vs• 9 conditions in the city and economic conditions in the city and encourage economic investment in the city. CM Cr w WOMMPD CEM11Ml/.WTr10 MRVW.3 PLAN' PAGE 16 "' VARIANCE NO. 93-19 Agenda Item: 5 Hearing Date: 12-14-93 CONDITIONS OF APPROVAL VARIANCE NO. 93-19 1. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and employees from any claim, action, or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorney's fees which the City may be required by the court to pay as a result of such action, but such participation shall not relieve the applicant of his obligation under this condition. 2. Within one year of development 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. Projects may be built in phases if pre-approved by the review authority. If a project is built in pre- approved phases, each subsequent phase shall have one year from the previous phase's date of construction commencement to have occurred or the permit/approval shall become null and void. Project: Variance No. 93-19 Expiration Date: December 15, 1994 3. The applicant shall submit for approval, a sign permit application. ATTACHMENT F PAGE 17 L • • Stater Bros. Development, inc. 21 700 Barton Road Colton, California 92324 ==rstr•,ct.on 9091 783-5005 4eai Estate 5091 793-5002 O�ccerty Nigmc 9087 793-5=4 Acca.rnrg (309) 7d3-5091 December 16 , 1993 Mayor Tom Minor and City Council City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Re: Variance No. 9319 Dear Mayor Minor: Please accept this letter as a formal appeal to the Planning Commission' s denial of our Sign Variance Application during the Commission Meeting of Decem- ber 14, 1993. The Commission failed to recognize the uniqueness of this design condition, the importance of uniform signage to the project' s long term viability, and the value to the City of San Bernardino, which the success of this project will provide. I will appreciate the chance to address the Council at the earliest oppor- tunity. Sincerely, Stater Bros. Development, Inc. ,,� L)6� ltko Scott 0. Limbacher Director of Construction SDL:rs cc: Gayle Paden, Group Sr. Vice President Walt Ford, Vice President of Real Estate Brett Granlund, Young Electric Sign Co. PAGE 18 EXHIBIT 4