HomeMy WebLinkAbout05.E- Community Development ORDINANCE (ID # 4675) DOC ID: 4675
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Zoning/Land Use
From: Mark Persico M/CC Meeting Date: 10/03/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: Community Development Ward(s): All
Subject:
Ordinance of the Mayor and Common Council of the City of San Bernardino Approving
Development Code Amendment 16-04 Amending Chapter 19.22 (Sign Regulations),
Section 19.22.030 (Definitions) and Section 19.22.150(C)(3) (Multi-Tenant Centers) of
the Development Code (Title 19) of the San Bernardino Municipal Code. (FINAL
READING) (#4611 and #4675)
Current Business Registration Certificate:
Financial Impact:
There will be no fiscal impact as a result of this action.
Motion: Adopt the Ordinance.
Synopsis of Previous Council Action:
None
Background:
On August 17, 2015, as part of the University Park Promenade and Shops project, Sign
Program 15-04 was administratively approved which includes two (2) proposed pylon
signs, one (1) along each street frontage of University Parkway and Northpark
Boulevard. The sign program also includes several wall signs for the proposed
commercial complex, and signs for the student housing and mixed residential uses
associated with the mixed use project. Over the course of the past months, there has
been an increased interest posed by a number of national chain tenants that are
interested in occupying the University Park Promenade and Shops commercial
complex. As a result, the Applicant has requested that staff explore possible
modifications to the sign ordinance that may allow for additional tenant identification on
pylon signs.
Pursuant to the requirements of Chapter 19.42 (Development Code Amendments), and
§19.22.030 (Definitions) and §19.22.150 (Multi-Tenant Centers) of the City of San
Bernardino Development Code, Development Code Amendment 16-04 will:
1) Amend the Development Code pertaining to multi-tenant pylon signs;
2) Allow the development, establishment and operation of a freestanding pylon
signs with more than three (3) tenant panels for multi-tenant commercial centers
less than 20 acres; and,
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3) Amend Sign Program 15-04 to allow additional sign panels on the approved
pylon sign; and,
4) Amend the definition of a pole sign by adding a definition for a pylon sign.
The approval of Development Code Amendment 16-04 will then allow for the
amendment to Sign Program 15-04 to allow additional sign panels on the previously
approved pylon sign.
On July 20, 2016, the Planning Commission adopted Resolution No. 2016-031 (please
see Attachment 4)forwarding a recommendation that the Mayor and Common Council:
1) Adopt the Categorical Exemption; and
2) Approve Development Code Amendment 16-04 and the amendment to Sign
Program 15-04.
Analysis:
The City of San Bernardino Development Code currently defines a pole sign as "a
freestanding sign with a visible support structure." Development Code Amendment 16-
04 proposes to: 1) change the definition of a pole sign to read, as follows:
• Pole Sign: A freestanding sign that is supported by one or more exposed poles
that are permanently attached directly into or upon the ground; and,
• Pylon Sign (also known as Pedestal Sign): A freestanding sign that is supported
and in direct contact with the ground or one or more solid, monumental structures
or pylons and which typically has a sign face with a vertical dimension that is
greater than its horizontal dimension.
Section 19.22.150(C)(3) of Chapter 19.22 is proposed to be amended to add a new
subsection (f) with the following text under the heading of "Multi-Tenant Centers" as
follows:
f. Multi-Tenant Center Identification Pylon Sign (aka Pedestal Sign) (On-site)
Sign Type: Free Standing Pylon sign (excluding Monument and Pole signs).
Maximum Number:
• One double-face sign per street or freeway frontage.
• One additional sign if a street frontage is longer than 1,200
feet.
Maximum Sign Area:
• Maximum sign area of 125 square feet per sign face
identifying a single tenant.
• Maximum sign area of 200 square feet per sign face
identifying multiple tenants.
Maximum Sign Height:
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• Maximum sign height of 35 feet.
Location Requirements:
• Shall not be located so as to be a hazard for driveway or
corner.
Additional Requirements:
• Sign may identify center and multiple tenants on each sign
face.
• Vertical clearance of 10 feet required for freestanding signs
projecting over vehicular passageway.
• Minimum of 20% of the sign area shall be dedicated to
center identification.
• EMC permitted (75% of sign area) subject to Design Review
by the Planning Commission.
• Address must be included, but is not part of maximum sign
area.
• Sign program for the entire multiple tenant center subject to
Design Review by Planning Commission.
• Recommended Pylon Sign Design Guidelines (in addition to
guidelines specified in Section G19.22).
• Each tenant identified on a sign face should occupy a
minimum of 800 square feet of building floor area in the
multi-tenant center.
• Minimum of 10 square feet of sign area per tenant
identification per sign face.
• Minimum width of 6 feet per each tenant identification sign
panel.
• Maximum width of 10 feet per each tenant identification sign
panel.
• Minimum height of 20 inches per each tenant identification
sign panel.
• Minimum letter height of 6 inches in sign area.
• Minimum 2 inch separation between sign panels and, if
utilized, mullions which frame out each sign panel.
• Architectural Relief: Sign panels and, if utilized, mullions
framing sign panels should be raised or recessed to provide
architectural relief.
• All tenant sign panels and mullions framing sign panels
should be uniform in size and color.
The Planning Division recognizes that the current Development Code standards for
signage designated for multi-tenant commercial centers limiting pole and monument
signs to three (3) tenant panels was initiated in an attempt to reduce the number of
cluttered and visually distracting signs throughout the City. However, staff supports the
proposed amendment with the understanding that better criteria will achieve the same
goal, but will also allow commercial property owners to attract desirable national chains
as well as successful local start-up businesses, which will ultimately create an economic
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4675
benefit for the City as well as the affected multi-tenant commercial centers.
California Environmental Quality Act:
In accordance with §15060 (Preliminary Review) of the California Environmental Quality
Act (CEQA), the Planning Division conducted an environmental evaluation in connection
with proposed Development Code Amendment 16-04 and amendment to Sign Program
15-04 and concluded that Development Code Amendment 16-04 and amendment to
Sign Program 15-04 is found to be exempt under §15061(b)(3) (Review for Exemption)
of CEQA.
Pursuant to §15061(b)(3) (Review for Exemption) of CEQA, a project such as the
proposed Development Code Amendment to amend the text of Development Code
§19.22.150(C)(3) to allow more than three tenant panels on pylon signs for multi-tenant
commercial centers. The Planning Division staff has analyzed proposed Development
Code Amendment 16-04 and amendment to Sign Program 15-04 and has determined
that it is Categorically Exempt from CEQA pursuant to §15061(b)(3) of the CEQA
Guidelines due to the fact that the proposed Ordinance will not create significant effects
on the environment. Accordingly, pursuant to §15062 of CEQA, a Notice of Intent to
Adopt a Categorical Exemption for Development Code Amendment 16-04 and
amendment to Sign Program 15-04 was published on July 8, 2016 for the CEQA-
mandated ten (10) day public review and comment period. In accordance with §15061
of CEQA, on July 20, 2016, during a duly advertised public hearing, the Planning
Commission considered the Categorical Exemption for the recommendation to the
Mayor and Common Council for the adoption of the Categorical Exemption and
approval of Development Code Amendment 16-04 and amendment to Sign Program
15-04.
Conclusion:
On July 20, 2016, the Planning Commission determined that the proposed project is
consistent with the City of San Bernardino General Plan and Development Code, and
that the application satisfies all Findings of Fact required for approval of Development
Code Amendment 16-04 and the amendment to Sign Program 15-04.
City Attorney Review:
This staff report and supporting documentation have been reviewed by the Deputy City
Attorney, and accepted as to form.
Supporting Documents:
Attachment 1: Ordinance
Attachment 2: Resolution
Attachment 3: Planning Commission Resolution No. 2016-031
Attachment 4: Planning Commission Staff Report, dated July 20, 2016
Attachment 5: Planning Commission Minutes, dated July 20, 2016
Attachment 6: Legal Ad
City Attorney Review:
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4675
Supporting Documents:
DCA 16-04 9-6-16 (DOC)
Attachment 2 - Resolution (DOC)
Attachment 2 - Resolution - Exhibit A - Conditions of Approval (PDF)
Attachment 2 - Resolution - Exhibit B - Project Plans (PDF)
Attachment 3 - Planning Commission Resolution 2016-031 (PDF)
Attachment 4 - Planning Commission Staff Report (PDF)
Attachment 5 - Planning Commission Minutes - July 20, 2016 (PDF)
Attachment 6 - Legal Ad (PDF)
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® 1 ORDINANCE NO.
2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-04
3 AMENDING CHAPTER 19.22 (SIGN REGULATIONS), SECTION 19.22.030
(DEFINITIONS) AND SECTION 19.22.150(0)(3) (MULTI-TENANT CENTERS) OF
4 THE DEVELOPMENT CODE (TITLE 19) OF THE SAN BERNARDINO
5 MUNICIPAL CODE.
6 WHEREAS, the current San Bernardino Development Code was initially E
7 implemented in 1991; and o
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8 WHEREAS, on July 20, 2016, the Planning Commission of the City of San c
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9 Bernardino held a noticed public hearing to consider public testimony and the staff report, and
10 adopted Resolution No. 2016-031 recommending adoption of the Categorical Exemption and
11 the approval of Development Code Amendment 16-04 to the Mayor and Common Council;
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WHEREAS, notice of the public hearing for the Mayor and Common Council's a,
13 consideration of the proposed Ordinance was published in The Sun newspaper on August 26, o co
14 2016. a
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15 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 0
16 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: E
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SECTION 1. The Mayor and Common Council find that the above-stated Recitals Q
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19 are true and hereby adopt and incorporate them herein. c
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20 SECTION 2. Findings of Fact—Development Code Amendment 16-04. o
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22 Finding No. 1: The proposed amendment is consistent with the General Plan.
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23 Finding of Fact: For General Plan Community Design Policy 5.7.4 states: "The size,
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24 color, type, materials and design of signs shall be related to the scale of s
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the building or development and its relation to the street." General Plan Q
26
27 Economic Development Policy 4.5.2 states: "Maintain and enhance
28 commercial regional cores and economically sound community-serving
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1 commercial concentrations by attracting new regional outlets,
2 maintaining the existing regional retail base, and stabilizing the future
3 regional retail base." Proposed signs will be designed with
4 consideration for the topography of the site, location of the buildings,
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and number of potential tenants. Standards will also be imposed to ia
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7 ensure a clean, uniform look to the proposed multi-tenant pylon signs. E
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8 Therefore, the proposed ordinance is consistent with the City's General v
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9 Plan.
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Finding No. 2: The proposed amendment would not be detrimental to the public g
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11 interest, health, safety, convenience, or welfare of the City. w
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Finding of Fact: The proposed amendment will not be detrimental to the public interest, rn
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14 health, safety, convenience, or welfare of the City in that amendment to 2
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15 the Development Code standards related to the aesthetics of the ,0
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16 development rather than the health, safety, convenience, or welfare of E
17 the City. a
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SECTION 3. Compliance with the California Environmental Quality Act.
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20 The Mayor and Common Council has independently reviewed, analyzed and exercised
21 judgment in finding that Development Code Amendment 16-04 is exempt under §15061(b)(3)
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22 (Review for Exemption) of the California Environmental Quality Act due to the fact that the Q
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proposed Ordinance will not create significant effects on the environment.
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24 SECTION 4. — Section 19.22.030 (Definitions) is proposed to be amended by the
25 following deletions and additions: Q
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26 (1) Pole Sign: A freestanding sign that is supported
27 by one or more exposed poles that are permanently attached directly into or upon the rg ound.
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1 (2) Pylon Sign (also known as Pedestal Sign): A freestanding sign that is
2 supported and in direct contact with the ground or one or more solid, monumental structures
or pylons and which typically has a sign face with a vertical dimension that is greater than its
3 horizontal dimension.
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4 SECTION 5. — Section 19.22.150(C)(3) of Chapter 19.22 is proposed to be amended
5 to add section (f) with the following text under the heading of "Multi-Tenant Centers" as v
6 follows:
7 f. Multi-Tenant Center Identification Pylon Signn (aka Pedestal Sign) (On-site) Sign E
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8 Type: Free Standing Pylon sign (excluding Monument and Pole signs). v
9 Maximum Number:
• One double-face sign per street or freeway frontage. r
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• One additional sign if a street frontage is longer than 1,200 feet.
11 Maximum Sign Area: w
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• Maximum sign area of 125 square feet per sign face identifying a single tenant. c
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13 • Maximum sign area of 200 square feet per sign face identifying multiple tenants. 0)
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14 Maximum Sign Height:
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15 Maximum sign height of 35 feet. ,0
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16 Location Requirements:
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17 Shall not be located so as to be a hazard for driveway or corner.
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Additional Requirements: Q
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• Sign may identify center and multiple tenants on each sign face.
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• Vertical clearance of 10 feet required for freestanding signs projecting over
20 vehicular passageway. t°
21 0 Minimum of 20% of the sign area shall be dedicated to center identification. o
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22 • EMC permitted (75% of sign area) subject to Design Review by the Planning Q
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24 • Address must be included, but is not part of maximum sign area.
• Sign program for the entire multiple tenant center subject to Design Review by
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26 Planning Commission.
• Recommended Pylon Sign Design Guidelines (in addition to guidelines specified
27
in Section G19.22):
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• Each tenant identified on..a sign face should occupy a minimum of 800 square feet
1.
of building floor area in the multi-tenant center.
2
• Minimum of 10 square feet of sign area per tenant identification per sign
3 Minimum width of 6 feet per each tenant identification sign panel.
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4 Maximum width of 10 feet per each tenant identification sign panel.
5 Minimum height of 20 inches per each tenant identification sign panel. v
6 Minimum letter height of 6 inches in sign area.
7 Minimum 2 inch separation between sign panels and, if utilized, mullions which E
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frame out each sign panel. U
9 Architectural Relief: Sign panels and, if utilized, mullions framing sign panels
should be raised or recessed to provide architectural relief. Y
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• All tenant sign panels and mullions framing panels should be uniform in size
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and color.
12 SECTION 6. - Notice of Exemption: The Planning Division of the Community c
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13 Development Department is hereby directed to file a Notice of Exemption with the County Cn
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14 Clerk of the County of San Bernardino certifying the City's compliance with California
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15 Environmental Quality Act in adopting the Categorical Exemption. 0
16 SECTION 7. Severability: If any section, subsection, subdivision, sentence, or
17 clause or phrase in this Resolution or any part thereof is for any reason held to be m
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision Q
18
shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
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part thereof. The Mayor and Common Council hereby declares that it would have adopted to
20 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, T
21 clauses, or phrases be declared unconstitutional, invalid, or ineffective. c
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® 1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-04
2 AMENDING CHAPTER 19.22 (SIGN REGULATIONS) SECTION 19.22.030
(DEFINITIONS) AND SECTION 19.22.150(C)(3) (MULTI-TENANT CENTERS) OF
3 THE DEVELOPMENT CODE (TITLE 19) OF THE SAN BERNARDINO
4 MUNICIPAL CODE.
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5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 0
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7 day of , 2016,by the following vote to wit: E
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Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10 BARRIOS
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13 SHORETT in
14 NICKEL
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15 RICHARD '0
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19 Georgeann Hanna, City Clerk
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The foregoing Ordinance is hereby adopted this day of , 2016.
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24 R. CAREY DAVIS, Mayor
Approved as to form: City of San Bernardino
25 Gary D. Saenz, City Attorney
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28 By:
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® 1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING A CATEGORICAL EXEMPTION AND
3 APPROVING THE AMENDMENT TO SIGN PROGRAM 15-04 TO ALLOW MORE
THAN THREE (3) TENANT PANELS FOR THE PYLON SIGN LOCATED AT 1831
4 W. NORTHPARK BOULEVARD (APN: 0151-361-43) WITHIN THE COMMERCIAL
5 GENERAL-UNIVERSITY VILLAGE (CG-3) ZONE.
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6 WHEREAS, on April 12, 2016, pursuant to the requirements of Chapter 19.42 of the o
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City of San Bernardino Development Code, an application for Development Code c
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9 Amendment 16-04 and amendment to Sign Program 15-04 was duly submitted by:
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Property Owner: University Park Shops, LLC w
11 101 Main Street, Suite A
12 Seal Beach, CA 90740 N
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13 Project Applicant: James R. Watson 0,
101 Main Street, Suite A a
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14 Seal Beach, CA 90740
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15 Parcel Address: 1831 W. Northpark Boulevard E
16 APN: 0151-372-26
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Lot Area: 2.4 acres E
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18 WHEREAS, Development Code Amendment 16-04 is a request to amend §19.22.030 v
19 (Definitions) and §19.22.150(C)(3) (Multi-Tenant Centers) relating to on-site multi-tenant o
20 pylon signs; and
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21 WHEREAS, the requested amendment to Sign Program 15-04 is to allow additional C,
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tenant panels as permitted by Development Code Amendment 16-04; and E
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WHEREAS, the Planning Division of the Community Development Department has a
24
25 reviewed Development Code Amendment 16-04 and amendment to Sign Program 15-04 for
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26 consistency with the City of San Bernardino General Plan and compliance with the City of
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27 San Bernardino Development Code; and
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1 WHEREAS, pursuant to requirements of §15060(c) of the California Environmental
2 Quality Act, the Planning Division of the Community Development Department evaluated
3 Development Code Amendment 16-04 and amendment to Sign Program 15-04; and
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4 WHEREAS, on July 20, 2016,pursuant to the requirements of§19.52.040 of the City U
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of San Bernardino Development Code, the Planning Commission held the duly noticed public
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7 hearing at which interested persons had an opportunity to testify in support of, or opposition v
8 to the Categorical Exemption, Development Code Amendment 16-04 and amendment to Sign
9 Program 15-04, and at which meeting the Planning Commission adopted Resolution No. n
10 2016-031 recommending to the Mayor and Common Council the adoption of the Categorical
11 �
Exemption and the approval of Development Code Amendment 16-04 and the amendment to
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13 Sign Program 15-04; and T
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14 WHEREAS, pursuant to the requirements of Chapter 19.42 of the City of San o
15 Bernardino Development Code, the Mayor and Common Council has the authority to take m
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16 action on the Categorical Exemption, Development Code Amendment 16-04 and amendment
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17 to Sign Program 15-04; and
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WHEREAS, notice of the September 6, 2016 public hearing for the Mayor and =
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20 Common Council's consideration of the proposed Resolution was published in The Sun N
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21 newspaper on August 26, 2016, and was mailed to property owners within a 500 foot radius of
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22 the project site in accordance with Development Code Chapter 19.52.
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23 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
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COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that the above-stated Recitals
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27 are true and hereby adopt and incorporate them herein.
28
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1 SECTION 2. Findings of Fact—Development Code Amendment 16-04.
2
Finding No. 1: The proposed amendment is consistent with the General Plan.
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4 Finding of Fact: The General Plan Community Design Policy 5.7.4 states: "The size, v
5 color, type, materials and design of signs shall be related to the scale of 2
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6 the building or development and its relation to the street." E
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The proposed signs have been designed with consideration for the =
8 topography of the site, location of the buildings, and number of
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potential tenants. Standards have been imposed to ensure a clean,
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11 uniform look to the proposed multi-tenant pylon signs.
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12 General Plan Economic Development Policy 4.5.2 states: "Maintain rn
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13 and enhance commercial regional cores and economically sound a
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community-serving commercial concentrations by attracting new
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regional outlets, maintaining the existing regional retail base, and
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17 stabilizing the future regional retail base." Q
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18 The University Park Shops retail center will serve the students and staff v
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19 of CSUSB and the surrounding neighborhoods as a community-serving 2
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commercial concentration and will be more able to attract and secure
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national chain businesses and successful local businesses as tenants if N N
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23 they can guarantee a tenant panel on the proposed pylon sign for the
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24 center. Therefore, the proposed amendment is consistent with the goals Q
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25 of the General Plan. E
26 Finding No. 2: The proposed amendment would not be detrimental to the public a
27 interest, health, safety, convenience, or welfare of the City.
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1 Finding of Fact: The proposed amendment will not be detrimental to the public interest,
2 health, safety, convenience, or welfare of the City in that amendment to
3 the Development Code standards related to the aesthetics of the
4 development rather than the health, safety, convenience, or welfare of v
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the City. The project site has direct access from Northpark Boulevard,
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will be fully served by utility providers, will be constructed in V
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8 accordance with all applicable codes and regulations, and will not result
9 in the need for the excessive provision of services.
10 SECTION 3. Compliance with the California Environmental Quality Act.
11 The Mayor and Common Council has independently reviewed, analyzed and exercised a�
12 in
13 judgment in finding that Development Code Amendment 16-04 and the amendment to Sign T
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14 Program 15-04 is exempt under §15061(b)(3) (Review for Exemption) of the California °
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15 Environmental Quality Act.
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16 SECTION 4. — Development Code Amendment 16-04, as approved by Ordinance, is
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17 incorporated herein by reference.
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SECTION 5. — Sign Program 15-04 as amended, subject to the Conditions of =
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20 Approval attached hereto as Exhibit A and incorporated herein by reference, is hereby o
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21 approved.
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22 SECTION 6. - Notice of Exemption: The Planning Division of the Community E
23 Development Department is hereby directed to file a Notice of Exemption with the County r
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Clerk of the County of San Bernardino certifying the City's compliance with California
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26 Environmental Quality Act in adopting the Categorical Exemption.
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27 SECTION 7. Severability: If any section, subsection, subdivision, sentence, or
28 clause or phrase in this Resolution or any part thereof is for any reason held to be
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1 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
2 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
3 part thereof. The Mayor and Common Council hereby declares that it would have adopted
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5.E.b
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING A CATEGORICAL EXEMPTION AND
2 APPROVING THE AMENDMENT TO SIGN PROGRAM 15-04 TO ALLOW MORE
THAN THREE (3) TENANT PANELS FOR THE PYLON SIGN LOCATED AT 1831
3 W. NORTHPARK BOULEVARD (APN: 0151-361-43) WITHIN THE COMMERCIAL
4 GENERAL-UNIVERSITY VILLAGE (CG-3) ZONE U
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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6 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the E
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day of , 2016, by the following vote to wit: v
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ =
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11 BARRIOS
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12 VALDIVIA
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SHORETT a.
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15 NICKEL d
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16 RICHARD =
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17 MULVIHILL a
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19 Georgeann Hanna, City Clerk o
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The foregoing Resolution is hereby approved this day of 12016. W
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23 R. CAREY DAVIS, Mayor
24 Approved as to form: City of San Bernardino a
Gary D. Saenz, City Attorney
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26 By: r
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® EXHIBIT "A"
CONDITIONS OF APPROVAL
SIGN PROGRAM 15-04
1. This is an approval to allow more than three tenant panels on pylon signs for multi-tenant r
commercial centers, on a parcel containing approximately 2.4 acres. The project site is
located at 1831 W. Northpark Boulevard, within the Commercial General (CG-3) zone. c
All construction shall be in substantial conformance with the approved plans stamped
"Received April 12, 2016". o
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2. Within two (2) years of the Development Code Amendment approval, commencement of o
construction shall have occurred or the permit/approval shall become null and void. In w
addition, if after commencement of construction, work is discontinued for a period of one E
(1) year, then the permit/approval shall become null and void. However, approval of the
Conditional Use Permit does not authorize commencement of construction. All necessary
permits must be obtained prior to commencement of specified construction activities Q
included in the Conditions of Approval. ti
EXPIRATION DATE: September 6, 2018 v
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3. The Planning Commission may grant a time extension, for good cause, not to exceed a
twelve (12) months. The applicant must file an application, the processing fees, and all Q
required submittal items, thirty (30) days prior to the expiration date. The Planning o
Commission shall ensure that the project complies with all Development Code provisions o
in effect at the time of the requested extension.
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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 this Q
matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the
City of San Bernardino (City), any departments, agencies, divisions, boards or x
commission of the City as well as predecessors, successors, assigns, agents, directors, w
elected officials, officers, employees, representatives and attorneys of the City from any o
claim, action or proceeding against any of the foregoing persons or entities. The applicant
further agrees to reimburse the City for any costs and attorneys' fees which the City may
be required by a court to pay as a result of such action, but such participation shall not Q�
relieve applicant of his or her obligation under this condition. The costs, salaries, and N
expenses of the City Attorney and employees of his office shall be considered as
"Attorney's fees" for the purpose of this condition. As part of the consideration for E
issuing this Development Code Amendment, this condition shall remain in effect if the
Development Code Amendment is rescinded or revoked, whether or not at the request of Q
applicant. r
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3. The site shall be maintained in accordance with the plans stamped July 20, 2016,
approved by the City on file in the Planning Division (EXHIBIT "A"); the conditions
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contained herein; and,the City's Municipal Code regulations.
4. The project shall comply with all applicable requirements of the City of San Bernardino
Community Development Department, Land Development and Building & Safety =
Divisions, Fire Department, Public Works Department, and the City Clerk's w
Office/Business Registration Division.
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5. The operator and property owner shall be responsible for regular maintenance of the N
project site. The site shall be maintained in a clean condition and free of litter and any o
other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed a
and cleaned up within 24 hours of being reported. o
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RESOLUTION NO. 2016-031-PC
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF L
SAN BERNARDINO, CALIFORNIA RECOMMENDING TO THE MAYOR E
AND COMMON COUNCIL THE ADOPTION OF A CATEGORICAL E
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EXEMPTION AND APPROVAL OF DEVELOPMENT CODE
AMENDMENT 16-04 AND SIGN PROGRAM 15-04 TO AMEND THE TEXT
OF §19.22.030 (DEFINTIONS) AND §19.22.150(0)(3) (MULTI-TENANT
CENTERS) OF THE CITY OF SAN BERNARDINO DEVELOPMENT r
CODE AND TO THE TEXT OF SIGN PROGRAM 15-04 TO ALLOW MORE
THAN THREE TENANT PANELS FOR PYLON SIGNS LOCATED IN
MULTI-TENANT COMMERCIAL CENTERS. THE PROJECT SITE IS
LOCATED AT 1831 W. NORTHPARK BOULEVARD (APN: 0151-361-43) IN
THE COMMERCIAL GENERAL(CG-3) ZONE.
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WHEREAS, on April 12, 2016, pursuant to the requirements of Chapter 19.42 of the o
City of San Bernardino Development Code, an application for Development Code Amendment a.
16-04 and Sign Program 15-04 was duly submitted by: ,o
Property Owner: University Park Shops, LLC E
101 Main Street, Suite A c
Seal Beach, CA 90740 �E
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Project Applicant: James R. Watson
101 Main Street, Suite A
Seal Beach, CA 90740 M
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Parcel Address: 1831 W.Northpark Boulevard o
APN: 0151-372-26 =
Lot Area: 2.4 acres
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WHEREAS, Development Code Amendment 16-04 is a request to amend the City of
San Bernardino Development Code §19.22.030 (Definitions) and §19.22.150(C)(3) (Multi-
Tenant Centers); and
WHEREAS, amendment to Sign Program 15-04 is a request to allow the amendment to 0
the previously approved sign program; and U
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WHEREAS, the Planning Division of the Community Development Department has
reviewed Development Code Amendment 16-04 and Sign Program 15-04 for consistency with a
the City of San Bernardino General Plan and compliance with the City of San Bernardino
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Development Code; and
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WHEREAS, pursuant to requirements of §15060(c) of the California Environmental
Quality Act, the Planning Division of the Community Development Department evaluated w
Development Code Amendment 16-04 and Sign Program 15-04; and a
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WHEREAS, on July 8, 2016, pursuant to the requirements of§19.52.020 of the City of L
San Bernardino Development Code, the City gave public notice by advertising in the San E
Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by o
mailing notices to the property owners within 500 feet of the subject property of the holding of a
public hearing at which the Environmental Determination, Development Code Amendment 16-
04 and Sign Program 15-04 would be considered; and �
WHEREAS, on July 20, 2016, pursuant to the requirements of§19.52.040 of the City of
San Bernardino Development Code, the Planning Commission held the duly noticed public
hearing at which interested persons had an opportunity to testify in support of, or opposition to
the Environmental Determination, Development Code Amendment 16-04 and Sign Program 15-
04, and at which meeting the Planning Commission considered the Environmental rn
Determination, Development Code Amendment 16-04 and Sign Program 15-04; and Cn
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WHEREAS, pursuant to the requirements of Chapter 19.42 of the City of San a
Bernardino Development Code, the Planning Commission has the authority to take action on the 0
Environmental Determination, Development Code Amendment 16-04 and Sign Program 15-04.
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NOW THEREFORE, the Planning Commission of the City of San Bernardino does
hereby resolve, determine, find, and order as follows: E
SECTION 1. ENVIRONMENTAL DETERMINATION: Lo
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In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act M
(CEQA), the Planning Division conducted an environmental evaluation in connection with
proposed Development Code Amendment 16-04 and Sign Program 15-04 and concluded that N
Development Code Amendment 16-04 and Sign Program 15-04 is found to be exempt under =
§15061(b)(3) (Review for Exemption) of CEQA. Pursuant to §15061(b)(3) (Review for
Exemption) of CEQA, a project such as the proposed Development Code Amendment to amend y
the text of Development Code §19.22.150(C)(3) and Sign Program 15-04 to allow more than
three tenant panels on pylon signs for multi-tenant commercial centers. The Planning Division o
staff has analyzed proposed Development Code Amendment 16-04 and amendment to Sign y
Program 15-04 and has determined that it is Categorically Exempt from CEQA pursuant to D
§15061(b)(3) of the CEQA Guidelines due to the fact that the proposed Ordinance will not create o
significant effects on the environment. Accordingly, pursuant to §15062 of CEQA, a Notice of U
Intent to Adopt a Categorical Exemption for Development Code Amendment 16-04 and Sign
Program 15-04 was published on July 8, 2016 for the CEQA-mandated ten (10) day public
review and comment period. In accordance with §15061 of CEQA, on July 20, 2016, during a n.
duly advertised public hearing, the Planning Commission considered the Categorical Exemption 1;,
for the recommendation to the Mayor and Common Council for the adoption of the Categorical
Exemption and approval of Development Code Amendment 16-04 and Sign Program 15-04. E
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SECTION 2. RECOMMENDATIONS FOR DEVELOPMENT CODE
AMENDMENT 16-04 AND SIGN PROGRAM 15-04:
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Section 19.42.030 of the City of San Bernardino Development Code, the Planning Commission E
forwards the following Development Code Amendments for approval by the Mayor and o
Common Council:
A. Section 19.22.030 (Definitions) is proposed to be amended by the following deletions and
additions: w
1) - sign with a visible suppei4
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2) The definition for pole signs will be replaced as follows:
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Pole Sign: A freestanding sign that is supported by one or more exposed poles in
that permanently attached directly into or upon the around. o
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3) A definition for pylon signs will be included as follows: o
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Pylon Sian (also known as Pedestal Sian): A freestanding sign that is supported E
and in direct contact with the ground or one or more solid, monumental
structures or pylons and which typically has a sign face with a vertical
dimension that is greater than its horizontal dimension a
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B. Section 19.22.150(C)(3) of Chapter 19.22 is proposed be amended to add section (f) with
the following text under the heading of"Multi-Tenant Centers"as follows: M
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1) f. Multi-Tenant Center Identification Pylon Sign (aka Pedestal Sign) (On-site) o
Sign Type: Free Standing Pylon sign (excluding Monument and Pole signs).
Maximum Number:
• One double-face sign per street or freeway frontage o
• One additional sign if a street frontage is longer than
1,200 feet o
Maximum Sian Area:
• Maximum sign area of 125 square feet per sign face
identifying a single tenant c
• Maximum sign area of 200 square feet per sign face
identifying multiple tenants
Maximum Sian Height:
• Maximum sign height of 35 feet a
Location Requirements: M
• Shall not be located so as to be a hazard for driveway or
corner E
Additional Requirements:
• Sign may identify center and multiple tenants on each Q
sign face
• Vertical clearance of 10 feet required for freestanding E
signs projecting over vehicular passageway U
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• Minimum of 20% of the sign area shall be dedicated to
center identification
• EMC permitted (75% of sign area) subiect to Design
Review by PC. E
+ Address must be included, but is not part of maximum o
sign area
• Sign program for the entire multiple tenant center
subiect to Design Review by Planning Commission
• Recommended Pylon Sign Design Guidelines (in y
addition to guidelines specified in Section G19.22):
• Each tenant identified on a sign face should occupy a
minimum of 800 square feet of building floor area in the
multi-tenant center
• Minimum of 10 square feet of sign area per tenant
identification per sign face
• Minimum width of 6 feet per each tenant identification 2
sign panel a
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• Maximum width of 10 feet per each tenant
identification sign panel a
• Minimum height of 20 inches per each tenant_
identification sign panel
• Minimum letter height of 6 inches in sign area a
• Minimum 2 inch separation between sign panels and, if
utilized, mullions which frame out each sign panel
• Architectural Relief. Sign panels and, if utilized,
mullions framing sign panels should be raised or o
recessed to provide architectural relief
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• All tenant sign panels and mullions framing sign panels N
should be uniform in size and color
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SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 16-04:
a:
Section 19.42.050 of the City of San Bernardino Development Code requires that Development 0
Code Amendment applications meet certain findings prior to the approval by the Mayor and N
Common Council. Accordingly, the following findings are provided in support of the E
recommendation by the Planning Commission for the approval of Development Code 0
Amendment 16-04: _
Finding No. 1: The proposed amendment is consistent with the General Plan.
a
Finding of Fact: General Plan Community Design Policy 5.7.4 states: "The size, color,
type, materials and design of signs shall be related to the scale of the
building or development and its relation to the street."
B
The proposed signs have been designed with consideration for the a
topography of the site, location of the buildings, and number of potential
tenants. Standards have been imposed to ensure a clean, uniform look to E
the proposed multi-tenant pylon signs. L)
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General Plan Economic Development Policy 4.5.2 states: "Maintain and
enhance commercial regional cores and economically sound community-
serving commercial concentrations by attracting new regional outlets,
maintaining the existing regional retail base, and stabilizing the future o
regional retail base."
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The University Park Shops retail center will serve the students and staff of
CSUSB and the surrounding neighborhoods as a community-serving
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commercial concentration and will be more able to attract and secure
national chain businesses and successful local businesses as tenants if they
can guarantee a tenant panel on the proposed pylon sign for the center. w
Therefore, the proposed amendment is consistent with the goals of the
General Plan.
Finding No. 2: The proposed amendment would not be detrimental to the public interest, o
health, safety, convenience,or welfare of the City. a
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Finding of Fact: The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City in that amendment to
the Development Code standards related to the aesthetics of the
development rather than the health, safety, convenience, or welfare of the E
City. The project site has direct access from Northpark Boulevard, will be Q
fully served by utility providers, will be constructed in accordance with all LO
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applicable codes and regulations, and will not result in the need for the
excessive provision of services.
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SECTION 5. CONDITIONS OF APPROVAL:
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The approval of Development Code Amendment 16-04 and Sign Program 15-04 shall be subject o
to the following Conditions of Approval: o
1. This is an approval to allow more than three tenant panels on pylon signs for multi-tenant
commercial centers, on a parcel containing approximately 2.4 acres. The project site is °-
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located at 1831 W. Northpark Boulevard, within the Commercial General (CG-3) zone.
All construction shall be in substantial conformance with the approved plans stamped E
"Received April 12,2016". 0
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2. Within two (2) years of the Development Code Amendment approval, commencement of
construction shall have occurred or the permit/approval shall become null and void. In f°
addition, if after commencement of construction, work is discontinued for a period of one a
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(1) year, then the permit/approval shall become null and void. However, approval of the
Conditional Use Permit does not authorize commencement of construction. All necessary E
permits must be obtained prior to commencement of specified construction activities
included in the Conditions of Approval. y
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EXPIRATION DATE: July 20,2018
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3. The Planning Commission may grant a time extension, for good cause, not to exceed
twelve (12) months. The applicant must file an application, the processing fees, and all
required submittal items, thirty (30) days prior to the expiration date. The Planning
Commission shall ensure that the project complies with all Development Code provisions E
in effect at the time of the requested extension. E
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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 this
matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the
City of San Bernardino (City), any departments, agencies, divisions, boards or
commission of the City as well as predecessors, successors, assigns, agents, directors,
elected officials, officers, employees, representatives and attorneys of the City from any w
claim, action or proceeding against any of the foregoing persons or entities. The applicant
further agrees to reimburse the City for any costs and attorneys' fees which the City may
be required by a court to pay as a result of such action, but such participation shall not in
relieve applicant of his or her obligation under this condition. The costs, salaries, and o
expenses of the City Attorney and employees of his office shall be considered as a
"Attorney's fees" for the purpose of this condition. As part of the consideration for .°
issuing this Development Code Amendment, this condition shall remain in effect if the
Development Code Amendment is rescinded or revoked, whether or not at the request of E
applicant.
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Planning Division Q
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3. The site shall be maintained in accordance with the plans stamped July 20, 2016,
approved by the City on file in the Planning Division (EXHIBIT "A"); the conditions M
contained herein; and, the City's Municipal Code regulations. 9
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4. The project shall comply with all applicable requirements of the City of San Bernardino
Community Development Department, Land Development and Building & Safety °
Divisions, Fire Department, Public Works Department, and the City Clerk's o
Office/Business Registration Division.
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5. The operator and property owner shall be responsible for regular maintenance of the •°
project site. The site shall be maintained in a clean condition and free of litter and any 2
other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed E
and cleaned up within 24 hours of being reported. °
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D SECTION 6. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
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1. Adoption of Planning Commission Resolution No. 2016-031 forwarding a
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D recommendation that the Mayor and Common Council:
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a. In accordance with §15061(b)(2) of the California Environmental Quality Act, the
, Planning Commission hereby recommends the adoption of the Categorical Exemption
rt §15061(b)(3) (Review for Exemption) for Development Code Amendment 16-04 and
Sign Program 15-04,and direct the Community Development Director to prepare and
file with the Clerk of the County of San Bernardino a Notice of Exemption as
provided under Public Resources Code §21152(b)and CEQA Guidelines§15062;and
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n b. Approve Development Code Amendment 16-04 and Sign Program 15-04based on the
3 Findings of Fact and subject to the recommended Conditions of Approval.
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° PASSED,APPROVED AND ADOPTED this 201h day of July,2016.
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Larry ey,Chairman
San Bernardino Planning Commission
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@ ATTEST:
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= Mark Persico,PI 'ssion Secretary
City of San Bernardino,California
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D CERTIFICATION:
1, Stephanie Sanchez, Recording Secretary of the Planning Commission of the City of San
Bernardino, California, do hereby certify that the foregoing Resolution, No. 2016-031, was duly
adopted by the Planning Commission of the City of San Bernardino, California, at a regular
?' meeting thereof held on the 20`h day of July, 2016, by the following vote,to wit:
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3 AYES: Heasley, Machen, Lopez,Eble, Paxton, Jones
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w NOES:
ABSENT: Earp
ABSTAIN:
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Step ie chez, Re or 'ng Secretary
City f San ernardino C iforma
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AGENDA ITEM #41 5.E.f
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION �a
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CASE: Development Code Amendment 16-04 and Sign Program 15-04 E
HEARING DATE: July 20, 2016 v
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OWNER: APPLICANT:
University Park Shops, LLC. James R. Watson
101 Main Street, Suite A 101 Main Street, Suite A
Seal Beach, CA 90740 Seal Beach, CA 90740
REQUEST& LOCATION: in
A request to amend §19.22.030 (Definitions) and §19.22.150 (C)(3) (Multi-Tenant Centers) o
allow more than three tenant panels on pylon signs for multi-tenant commercial centers, on a a
parcel containing approximately 2.4 acres. The project site is located at 1831 W. Northpark .°
Boulevard.
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APN: 0151-372-26
ZONE: Commercial General (CG-3) E
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STAFF RECOMMENDATION:
The Planning Division of the Community Development Department recommends that the o
Planning Commission adopt Resolution No. 2016-031 forwarding a recommendation that the
Mayor and Common Council (please see Attachment A):
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1. Adopt the Categorical Exemption §15061(b)(3) (Review for Exemption) for
Development Code Amendment 16-04 and Sign Program 15-04, in accordance with •°
§15061(b)(2)of the California Environmental Quality Act;and E
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2. Approve Development Code Amendment 16-04 and Sign Program 15-04 based on the c°�
Findings of Fact and subject to the recommended Conditions of Approval.
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DCA 16-04 and SPR15-04
Planning Commission Date: 7.20.2016
Page 2
BACKGROUND
April 12,2016: Development Code Amendment 16-04 and Sign Program 15-04 0
application was submitted. 2
July 2,2016: A legal advertisement was sent to the San Bernardino Sun Newspaper for
publication on July 9, 2016. E
July 7, 2016: Notices were mailed to the property owners and residents within 500 feet c0
of the exterior boundaries of the subject property, providing the nature of
the request, location of the property, the date, time, and place of the
Planning Commission meeting of July 20, 2016 for the Categorical
Exemption and Development Code Amendment 16-04 and Sign Program
15-04.
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PROJECT DESCRIPTION
Pursuant to the requirements of §19.22.030 (Definitions) and §19.22.150 (C)(3) (Multi-Tenant g'
Centers) of the City of San Bernardino Development Code, the applicant is requesting the o
approval of Development Code Amendment 16-04 and Sign Program 15-04 to allow more than
three tenant panels on pylon signs for multi-tenant commercial centers, on a parcel containing o
approximately 2.4 acres. `~
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SETTING & SITE CHARACTERISTICS "o
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The project site is located at 1831 W. Northpark Boulevard within the Commercial General (CG- a
3)zone (please see Attachments B and Q. The project site contains a total of approximately 2.4 LO
acres, and is developed with a multi-tenant commercial center. Table 1 below provides a
summary of the surrounding land use characteristics of the subject site and surrounding
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properties. o
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TABLE 1: SITE AND SURROUNDING LAND USES
LOCATION LAND USE ZONE GENERAL PLAN in
DESIGNATION o
Site Commercial Center Commercial General CG-3 Commercial N
North CSUSB Public Facilities(PF) Public Facility/Quasi
Public E
South Commercial Center and Commercial General (CG-3)and Commercial and Multi- c i
Apartments Residential Medium(RM) Family Residential
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East Vacant and CSUSB Commercial General (CG-1)and Commercial and Public
Public Facilities(PF) Facility/Quasi Public .
West Student Housing, Single- Residential Student Housing Multi-Family
Family Homes,and (RSH), Residential Low(RL), Residential, Single-
Hillside and, Public Open Space(OS) Family Residential,and
Open Space E
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DCA 16-04 andSPR15-04
Planning Commission Date: 7.20.2016
Page 3
ANALYSIS
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The City of San Bernardino Development Code currently defines a Pole Sign as a freestanding ci
sign with a visible support structure. Development Code Amendment 16-04 proposes to: 1) 2
change the definition of a pole sign to read: "Pole Sign: A freestanding sign that is supported a)
by one or more exposed poles that are permanently attached directly into or upon the E
ground, " and 2) add a definition for Pylon Signs that reads: "Pylon Sign (also known as 0
Pedestal Sign): A freestanding sign that is supported and in direct contact with the ground
or one or more solid, monumental structures or pylons and which typically has a sign face c
with a vertical dimension that is greater than its horizontal dimension, " and 3) to allow
more than three tenant panels on pylon signs for multi-tenant commercial centers.
Section 19.22.150(C)(3) of Chapter 19.22 is proposed be amended to add section (f) with the
following text under the heading of"Multi-Tenant Centers" as follows:
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1) f. Multi-Tenant Center Identification Pylon Sign (aka Pedestal Sign) (On-site) in
Sign Type: Free Standing Pylon sign (excluding Monument and Pole signs). c
Maximum Number: ?
DCA 16-04 andSPR15-04
Planning Commission Date: 7.20.2016
Page 4
• Each tenant identified on a sign face should occupy a
minimum of 800 square feet of building floor area in the
multi-tenant center
• Minimum of 10 square feet of sign area per tenant
identification per sign face
• Minimum width of 6 feet per each tenant identification E
sign panel o
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• Maximum width of 10 feet per each tenant C
identification sign panel
• Minimum height of 20 inches per each tenant ~
identification sign panel
• Minimum letter height of 6 inches in sign area C
• Minimum 2 inch separation between sign panels and, if r
utilized, mullions which frame out each sign panel
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• Architectural Relief: Sign panels and, if utilized, a�
mullions framing sign panels should be raised or in
recessed to provide architectural relief o
• All tenant sign panels and mullions framing sign panels a
should be uniform in size and color o
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The Planning Division recognizes that the current Development Code standards for signage E
designated for multi-tenant commercial centers limiting pole and monument signs to three tenant C
panels was initiated in an attempt to reduce the number of cluttered and visually distracting signs E
throughout the City. However, Staff supports the proposed amendment with the understanding
that better criteria will achieve the same goal, but will also allow commercial property owners to r-
attract desirable national chains as well as successful local start-up businesses, which will 7*�
ultimately create an economic benefit for the City as well as the affected multi-tenant o
commercial centers.
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DCA 16-04 andSPR1S-04
Planning Commission Date: 7.20.2016
Page 5
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act 0
(CEQA), the Planning Division conducted an environmental evaluation in connection with 2
proposed Development Code Amendment 16-04 and Sign Program 15-04 and concluded that
Development Code Amendment 16-04 and Sign Program 15-04 is found to be exempt under E
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§15061(b)(3) (Review for Exemption) of CEQA. Pursuant to §15061(b)(3) (Review for 0
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Exemption) of CEQA, a project such as the proposed Development Code Amendment to amend
the text of Development Code §19.22.150(C)(3) and Sign Program 15-04 to allow more than
three tenant panels on pylon signs for multi-tenant commercial centers. The Planning Division P
staff has analyzed proposed Development Code Amendment 16-04 and amendment to Sign
Program 15-04 and has determined that it is Categorically Exempt from CEQA pursuant to
§15061(b)(3)of the CEQA Guidelines due to the fact that the proposed Ordinance will not create Y
significant effects on the environment. Accordingly, pursuant to §15062 of CEQA, a Notice of
Intent to Adopt a Categorical Exemption for Development Code Amendment 16-04 and Sign
Program 15-04 was published on July 8, 2016 for the CEQA-mandated ten (10) day public
review and comment period. In accordance with §15061 of CEQA, on July 20, 2016, during a o
duly advertised public hearing, the Planning Commission considered the Categorical Exemption a
for the recommendation to the Mayor and Common Council for the adoption of the Categorical L
Exemption and approval of Development Code Amendment 16-04 and Sign Program 15-04.
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DCA 16-04 and SPR15-04
Planning Commission Date: 7.20.2016
Page 6
RECOMMENDATION L
Staff recommends that the Planning Commission adopt Resolution No. 2016-031 forwarding a 0
recommendation to the Mayor and Common Council the adoption of the Categorical Exemption 70
and approval of Development Code Amendment 16-04 and Sign Program 15-04, based on the
Findings of Fact and subject to the recommended Conditions of Approval. E
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Respectfully Submitted,
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Chantal Power 2
Assistant Planner c
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Reviewed B -
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Oliver MuJica
Planning Divisi Man er
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Approved for Distribution:
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Mark Persico, A1CP U
Community Development Director
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Attachments: A. Resolution No. 2016-031 a.
B. Aerial Map v
C. Location Map
D. Notice of Exemption E
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�gESNAIn? Larry Heasley,Chair
S° �9 Lance Durr, Vice Chair
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Andrew S.Lopez CITY OF SAN BERNARDINO
� Amelia S.Lopez
0 0' Jim Eble COMMUNITY DEVELOPMENT DEPARTMENT E
GNDED IN�, Kent Paxton
Steven North `D"Street, San Bernardino, California 92418 V
Steven Earp +.,
Anthony Jones Phone: (909)384-7272 • Fax: (909)384-5155
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PLANNING COMMISSION ACTION MINUTES
JULY 20, 2016
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MINUTES OF JUNE 15, 2016 T
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ADMINISTRATIVE DEVELOPMENT PERMIT 16-004 & PUBLIC CONVENIENCE OR 0,
NECESSITY 16-01
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CONDITIONAL USE PERMIT 16-09
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DEVELOPMENT CODE AMENDMENT 16-04 & SIGN PROGRAM 15-04
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DEVELOPMENT CODE AMENDMENT 16-06 to
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DEVELOPMENT PERMIT TYPE - P 16-02, EXTENSION OF TIME 16-05, & 7t
SUBDIVISION 05-09 (TENTATIVE TRACT MAP 17369) o
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DEVELOPMENT PERMIT TYPE - P 16-03 & SUBDIVISION 16-04 (TENTATIVE N
TRACT MAP 20043)
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Chair Heasley called the meeting to order at 6:00 p.m.
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Commissioner Jones led the flag salute. o
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Present: Commissioners: Heasley, Machen, Lopez, Eble, Paxton, and Jones
Excused: Commissioners: None
Absent: Commissioners: Durr and Earp ~
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Staff Present: Mark Persico, Community Development Director;
Steven Graham, Deputy City Attorney; Oliver Mujica, Planning =
Division Manager; Travis Martin, Associate Planner; Chantal
Power, Associate Planner; Elizabeth Mora-Rodriguez, Assistant
Planner; Stephanie Sanchez, Planning Commission Secretary.
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ADMINISTRATION OF OATH o
Stephanie Sanchez, Planning Commission Secretary administered the oath. n
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CONSENT AGENDA:
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Mark Persico, Community Development Director, gave a brief presentation of the consent
agenda. E
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1. Minutes of June 15, 2016. Staff recommended approval of these minutes.
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Commissioner Machen made a motion to approve the consent agenda. N
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Commissioner Eble seconded the motion. N,
The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Eble, Paxton, and N
Jones. Nays: None. Abstain: None. Excused: None. Absent: Durr and Earp. 3
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PUBLIC COMMENTS - ITEMS NOT ON AGENDA
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No comments. 0
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PUBLIC HEARINGS
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2. ADMINISTRATIVE DEVELOPMENT PERMIT 16-004 & PUBLIC
CONVENIENCE OR NECESSITY 16-01 - A request to allow the sale of beer and E
wine for off-site consumption (ABC Type 20 License) in conjunction with an
existing 99 Cent Only Store containing approximately 30,359 square feet on a site
containing approximately 2.43 acres.
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Address: 648 W. 4th Street
Zone: Commercial Regional (CR-2)
Environmental Determination: Exempt from CEQA—pursuant to § 15301
(Existing Facilities) of the California Environmental
Quality Act. y
Applicant: 99 Cents Only Store#398 T
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APN: 0134-111-34
Ward: 1 °
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Recommended Motion: Staff recommended that the Planning Commission adopt °
Resolution No. 2016-027 adopting the Categorical Exemption and approval
Administrative Development Permit 16-004 and Public Convenience or Necessity Letter E
16-01 based on the Findings of Fact and subject to the recommended Conditions of
Approval. E
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Chantal Power,Associate Planner,gave a brief presentation of the project.
The Commissioners had questions regarding the project. o
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Steve Rawlons, Applicant for 99 Cents Only Store#398, answered questions regarding the N
project.
Walter Magnal, Teluca residential Management, Spoke in support of the project. a
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A new condition was added to the project:
25. (*) Prior to the commencement of the sale of alcoholic beverages, the applicant shall o
provide proof to City staff of a good faith effort to purchase and surrender an Alcoholic N
Beverage Control (ABC) Type 20 License for the off-sale consumption of beer and wine, E
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from a business located within the City of San Bernardino or its sphere of influence. v
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Condition#20 was modified to read:
Hours of Operation. No business may be conducted on the premises after 11:00 P.M. and
all non-employees are prohibited from being inside the premises after 10:00 P.M. with the a
exception of extended Holiday Hours.* y
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Commissioner Machen made a motion to adopt Resolution No. 2016-027 adopting the
Categorical Exemption and approval Administrative Development Permit 16-004 and Public
Convenience or Necessity Letter 16-01 based on the Findings of Fact and subject to the Q
recommended Conditions of Approval.
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Commissioner Paxton seconded the motion.
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The motion carried by the following vote: Ayes: Heasley, Machen, Eble, Paxton, and Jones. �o
Nays: Lopez. Abstain: None. Excused: None. Absent: Durr and Earp.
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3. CONDITIONAL USE PERMIT 16-09 - A request to allow the establishment and
operation of a semi-truck repair facility within an existing building containing a total
of approximately 15,865 square feet, along with the construction of the required on-
site and off-site improvements, on a parcel containing approximately 1.23 acres.
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Address: 165 E. Mill Street `r_
Zone: Commercial Heavy(CH) °
Environmental Determination: Categorically Exempt, pursuant to §15301 (Existing
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Facilities) of the California Environmental Quality w
Act. _
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Applicant: Rodolfo Saenz E
APN: 0136-321-40 & 30 a
Ward: 1
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Recommendation Motion: Staff recommended that the Planning Commission adopt v
' Resolution No. 2016-040 adopting the Categorical Exemption for Conditional Use
Permit 16-09 and approving Conditional Use Permit 16-09,based on Findings of Fact to
and subject to the recommended Conditions of Approval. N
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Elizabeth Mora-Rodriguez,Assistant Planner,gave a brief presentation of the project.
Commissioners had questions regarding the project.
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James Harley, All Cities Permit Services, spoke in favor of the project.
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Commissioner Machen made a motion to adopt Resolution No. 2016-040 adopting the N
Categorical Exemption for Conditional Use Permit 16-09 and approving Conditional Use Permit E
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16-09,based on Findings of Fact and subject to the recommended Conditions of Approval. v°
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Commissioner Eble seconded the motion. c
The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Eble, Paxton, and a
Jones.Nays: None. Abstain: None. Excused: None. Absent: Durr and Earp.
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5.E.g
4. DEVELOPMENT CODE AMENDMENT 16-04 & SIGN PROGRAM 15-04 -A
request to amend the text of Table 22.01 of§19.22.150 of the City of San Bernardino E
Development Code and to the text of Sign Program(SPR15-04)to allow more than 0 0
three tenant panels for pylon signs located in multi-tenant commercial centers.
Address: 1831 W.Northpark Boulevard
Zone: Commercial General (CG-3)
Environmental Determination: Exempt from CEQA — pursuant to §15061 (b)(3)
(Review for Exemption) of the California s
Environmental Quality Act Y
Applicant: James R. Watson
APN: 0151-361-43 a�
Ward: 5 c
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Recommended Motion: Staff recommended that the Planning Commission adopt a
Resolution No. 2016-031 forwarding a recommendation to the Mayor and Common
Council the adoption of the Categorical Exemption and approval of Development
Code Amendment 16-04 and Sign Program 15-04, based on the Findings of Fact and E
subject to the recommended Conditions of Approval.
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Chantal Power,Associate Planner, gave a brief presentation of the project. Q
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Commissioners had questions regarding the project.
Jim Watson, Applicant, gave a short presentation and answered questions regarding the N
project. N
Commissioner Paxton made a motion to adopt Resolution No. 2016-031 forwarding a
recommendation to the Mayor and Common Council the adoption of the Categorical Exemption
and approval of Development Code Amendment 16-04 and Sign Program 15-04, based on the
Findings of Fact and subject to the recommended Conditions of Approval.
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Commissioner Eble seconded the motion. N
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The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Eble, Paxton, and o
Jones. Nays: None. Abstain: None. Excused: None. Absent: Durr and Earp.
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S.E.g
5. DEVELOPMENT CODE AMENDMENT 16-06 - A request to amend Chapter
19.06 (Commercial Zones) §19.06.030(2)(Q) (Development Standards — Specific E
Standards for Commercial Zones — Recycling Facilities for Reusable Domestic
Containers) of the City of San Bernardino Development Code to establish y
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development standards and an approval process for Unattended Donation Boxes,
Unattended Collection Boxes or similar structures within non-residential zoning
districts. w
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Address: City Wide
Zone: All
Environmental Determination: Exempt from CEQA — §15061(b)(3) (Preliminary
Review) of the California Environmental Quality P
Act.
Applicant: City Hall °
APN: N/A a
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Ward: All
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Recommended Motion: Staff recommended that the Planning Commission adopt E
Resolution No. 2016-037 forwarding a recommendation to the Mayor and Common
Council the adoption of the Categorical Exemption and approval of Development E
Code Amendment 16-06,based on the Findings of Fact.
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Oliver Mujica, Planning Division Manager, gave a brief presentation of the project.
Commissioners had questions regarding the project. N
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Commissioner Eble made a motion to adopt Resolution No. 2016-037 forwarding a
recommendation to the Mayor and Common Council the adoption of the Categorical Exemption
and approval of Development Code Amendment 16-06,based on the Findings of Fact.
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Commissioner Paxton seconded the motion.
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The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Eble, Paxton, and N
Jones.Nays: None. Abstain: None. Excused: None. Absent: Durr and Earp. E
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6. DEVELOPMENT PERMIT TYPE-P 16-02,EXTENSION OF TIME 16-05, &
SUBDIVISION 05-09 (TENTATIVE TRACT MAP 17369)-A request to allow a E
one(1)year extension of time for Subdivision 05-09 for Tentative Tract Map 17396 v
involving the subdivision of a parcel containing approximately 4.64 acres into =
fourteen(14) single family residential lots, and the construction of fourteen(14)
detached single-family residences, along with the construction of the required on-site
and off-site improvements.
Address: 2805 W. Rosemary Lane s
Zone: Residential Low (RL)
Environmental Determination: Exempt from CEQA— §15332 (Infill Development)
of the California Environmental Quality Act aM
Applicant: Delgado Developers, Inc. c
APN: 0261-152-08 0
Ward: 5 n
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Recommended Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2016-041 adopting the Categorical Exemption and approving E
Development Permit Type-P 16-02 and Extension of Time 16-05 for Subdivision 05-
i 09 (Tentative Tract Map 17396), based on the Findings of Fact and subject to the E
recommended Conditions of Approval.
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q Chantal Power,Associate Planner, gave a brief presentation of the project.
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Commissioners had questions regarding the project. N
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Gustavo Delgado, Delgado Developers, answered questions regarding the project.
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Commissioner Eble made a motion to adopt Resolution No. 2016-041 adopting the Categorical
Exemption and approving Development Permit Type-P 16-02 and Extension of Time 16-05 for
Subdivision 05-09 (Tentative Tract Map 17396), based on the Findings of Fact and subject to the o
recommended Conditions of Approval. y
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Commissioner Machen seconded the motion. o
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The motion carried by the following vote: Ayes: Machen, Lopez, Eble, Paxton, and Jones.
Nays: Heasley. Abstain: None. Excused: None. Absent: Durr and Earp.
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7. DEVELOPMENT PERMIT TYPE-P 16-03 & SUBDIVISION 16-04
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(TENTATIVE TRACT MAP 20043) - A request to allow the subdivision of a E
parcel containing approximately 5.23 acres into sixteen (16) single family residential v
lots, and the construction of sixteen (16) detached single-family residences, along =
with the construction of the required on-site and off-site improvements. _
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Address: 2935 W. Belmont Avenue y
Zone: Residential Low (RL)
Environmental Determination: Previous Environmental Determination, pursuant to
§15162 (Subsequent Negative Declarations) of the
California Environmental Quality Act. _
Applicant: Aegis Builders, Inc. 0
APN: 0261-151-07 C
Ward: 5 2
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Recommended Motion: Staff recommended that the Planning Commission adopt °
Resolution No. 2016-042 adopting the Previous Environmental Determination for
Subdivision 16-04 (Tentative Tract Map 20043) and approving Subdivision 16-04 -Ea
(Tentative Tract Map 20043) and Development Permit Type-P16-03 based on E
Findings of Fact and subject to the recommended Conditions of Approval. a
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Elizabeth Mora-Rodriguez,Assistant Planner, gave a brief presentation of the project.
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Commissioners had questions regarding the project. N
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Darryl Moore,Aegis Builders, answered questions regarding the project.
Commissioner Machen made a motion to adopt Resolution No. 2016-042 adopting the Previous y
Environmental Determination for Subdivision 16-04 (Tentative Tract Map 20043) and approving c
Subdivision 16-04 (Tentative Tract Map 20043) and Development Permit Type-P16-03 based on
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Findings of Fact and subject to the recommended Conditions of Approval.
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Commissioner Jones seconded the motion. E
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The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Eble, Paxton, and
Jones.Nays: None. Abstain: None. Excused: None. Absent: Durr and Earp.
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NON-PUBLIC HEARING ITEMS L
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None E
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PLANNING COMMISSION REPORTS/ANNOUNCEMENTS
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DIRECTOR'S REPORT
1. Status Report on Development Code Update Project—August 241h Meeting in MIC Room
2. Major Projects List M
3. Sign Regulation RFP c
4. Brown Act Training - August 11th from 5:30pm—7:30pm
5. Welcoming of our newest Commissioner—Anthony Jones °'
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6. Third Thursday Food Fest 0
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ADJOURNMENT
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Commissioner Paxton made a motion which was unanimously carried, to adjourn the Planning a
Commission meeting at 8:26 p.m. The next regular meeting was scheduled for Wednesday, ti
August 17, 2016 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San
Bernardino, California.
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Minutes Adopted by Planning Commissioners:
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Date Approved:
Minutes Prepared by:
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Stephanie Sanchez ='
Executive Assistant
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5.E.h
NOTICE OF PUBLIC HEARING
kwo� Notice is hereby given that the City of San Bernardino Mayor and Common Council will hold a public
hearing on Tuesday, September 6, 2016 at 4:00 p.m. in the Council Chambers, City Hall, 300 North
"D"Street, San Bernardino,California 92418,on the following items:
DEVELOPMENT CODE AMENDMENT 16-04 AND SIGN PROGRAM 15-04 - A request to L
amend Chapter 19.22, Section 19.22.030 and Section 19.22.150(C)(3) of the Development Code of
the City of San Bernardino Municipal Code, and approve the amendment to Sign Program 15-04 to ci
allow more than three (3) tenant panels for the pylon signs located at 1831 W. Northpark Boulevard
in the Commercial General-University Village (CG-3)zone.
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Environmental Determination: Categorically Exempt, pursuant to §15061 (b)(3) (Review for E
Exemption) of the California Environmental Quality Act. v
Owner: University Park Shops,LLC.
Applicant: James R. Watson
APN: 0151-361-43
The Mayor and Common Council of the City of San Bernardino welcome your participation in evaluating
these items. The Mayor and Common Council will review the proposal and will consider the proposed t
environmental determination in making its decisions. The public is welcome to speak at the public
hearing or to submit written comments prior to the hearing. For more information, please contact the
Community Development Department at City Hall,or by phone at(909)384-5057. 2M
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If you challenge the resultant action of the Mayor and Common Council in court, you may be limited to C
raising only those issues you or someone else raised at the public hearing described in this notice, or in a.
written correspondence delivered to the City Planning Division at,or prior to,the public hearing. ,o
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Published: August 26,2016 �
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