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CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
COP1
Subject: Development Code Amendment No. 03-04
to allow an electronic message center sign for vehicle
dealerships subject to a conditional use permit and
Conditional Use Permit No. 03-03 to construct an
electronic message center sign at the Center Auto
Plaza. The project site for the proposed electronic
sign is located at 1388 S. "E" Street in the CG-l,
Commercial General land use district.
Aom:
'llllllllJ'ept:
James G. Funk, Director
Development Services
Date:
February 24. 2004
MCC Date: March 1. 2004
Synopsis oCPrevious Council Action:
02/17/04. The Mayor and Common Council considered and referred to Legislative Review Committee.
02/23/04. The Legislative Review Committee considered and directed staff to prepare revisions for consideration
by the Mayor and Common Council.
Recommended Motion: That the Mayor and Common Council close the hearing and:
.
That the ordinance be laid over for final adoption and Conditional Use Permit No. 03-03 be approved based
upon the Findings of Fact contained in the Planning Commission Staff Report (Exhibit B), subject to the
ttOnditions of Approval (Exhibit B, Attachment E).
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James G. Funk
Contact person: Valerie C. Ross
Phone: 384-5057
Supporting data attached: StaffReoort and Ordinance
Ward(s): DCA - Citywide; CUP - 3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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Agenda Item No. ~ ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
DEVELOPMENT CODE AMENDMENT NO. 03-04/CONDITIONAL
USE PERMIT NO. 03-03
Owner:
City of Riverside
Real Property Division
3787 University Avenue
Riverside, CA 92501
909.826.5461
Applicant:
Quiel Bros. Signs
Larry Quiel
272 South "I" Street
San Bernardino, CA 92410
909.885.4476
BACKGROUND
The Mayor and Common Council considered Development Code Amendment No. 03-04 and
Conditional Use Permit No. 03-03 at their meeting of February 17,2004. The Development
Code Amendment will modify Development Code Chapter 19.22 (Sign Regulations), Sections
19.22.030,19.22.060 and Table E.022.01 to allow electronic message center signs for auto
dealerships subject to a Conditional Use Permit. The Conditional Use Permit will allow Center
Auto Plaza to construct a 50-foot high, 571 square foot electronic message center sign for the
Center Auto Plaza, with the sign being located on the property at 1388 South "E" Street in the
CG-I, Commercial General land use district. The Mayor and Common Council staff report of
February 17, 2004, including the December 16, 2003 Planning Commission staff report, contains
the background discussion materials. Refer to Exhibit 1.
At the last meeting after considerable discussion, the Council referred the matter to the
Legislative Review Committee (LRC) for discussion. The council members, while generally
supportive, expressed concerns about a proliferation of electronic message center signs in the
City. The LRC held a special meeting on February 23, 2004 to receive additional input.
Larry Quiel, Quiel Bros. Signs, provided the Legislative Review Committee with a pamphlet of
information, and summarized the electronic message center signs. See Exhibit II. The issues
discussed and recommendations of the Legislative Review Committee are as follows:
. Dealerships. The LRC discussed keeping the definition as two or more, but allowing existing
new vehicle dealers to be "grandfathered" in. This means that the dealers that are currently
located in the City of San Bernardino could apply for an electronic message center sign, but
if a new vehicle dealer moved to the City of San Bernardino, they would be required to have
two or more makes of vehicles (Ford and Chevrolet for example) in order to apply for this
slgnage.
Recommendation - the LRC decided to delete reference to two or more and allow any/all
single new vehicle dealers to participate.
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DCA03-04/CUP03-03
March I. 2004
Page 2
. Brightness of Sign age. The LRC and meeting attendees discussed different signs in the
greater vicinity and the fact that some signs seemed to be too bright and made the signage
appear gaudy. Mr. Quiel noted that the manufacturers of electronic signs can include
automatic dimming devices, which automatically adjust based on real life factors (time of
day, rain vs. sun, etc.). Mr. Quiel noted that this was essentially a standard in the industry.
Recommendation - the LRC directed staff to include language that requires automatic
dimming devices.
. Signage Schematics - the LRC wanted to be able to view the proposed signage against the
existing setting and existing signage (both on-site and adjacent sites). The LRC felt that this
would help the Planning Commission to evaluate electronic message center signage
proposals. Photo simulations are fairly standard with today's technology.
Recommendation - require photo simulations as part ofthe Conditional Use Permit
application.
. Sign Abatement - the LRC agreed that appropriately sized, regularly maintained, and legal
signage - "good" signage - was important to businesses, as well as the City of San
Bernardino. While the LRC felt that the proposed amendment (along with the amendment for
three off-site electronic message center signs) would not lead to an over-proliferation ofthese
types of signs, the illegally installed, unmaintained, abandoned, and unpermitted signage
contributed to visual blight.
Mr. Quiel referred to the Signline publication in his packet, and explained to the LRC how
studies in the sign industry found that electronic message center signs increased sales, which
resulted in increased sales tax revenue. The LRC felt strongly that some of the increased
sales tax revenue should be earmarked for sign code enforcement.
Recommendation - that a portion of the increase in sales tax that is generated by vehicle
dealers installing new electronic message center signs in San Bernardino per this
Development Code Amendment be dedicated to the abatement of illegal signage.
The following is a summary of the proposed sign code changes to Chapter 19.22 of the
Development Code.
I. Section 19.22.030, Definitions, will be modified to include definitions for vehicle
dealerships and electronic message center signs as follows:
. Vehicle Dealership: one or more new vehicle sales establishments (with ancillary
used cars and/or recreational vehicle sales).
. Electronic Message Center Sign: a sign having the capability of presenting variable
message displays by projecting an electronically controlled pattern against a
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DCA03-04/CUP03-03
March I, 2004
Page 3
contrasting background and which can be programmed to change the message display
periodically,
2,
Table 022,01, Sign Regulations By Land Use Category (C), will be modified to include a
new sign class heading for vehicle dealerships and requirements for electronic message
center signs, See below,
Sign Regulations
Sign Sign Maximum Maximum Maximum Additional
Class Type Number Sign Sign Requirements
Area H~ight
5, Vehicle Electronic 1 Case by 50 feet . setback 5 feet from
Dealership Message Case (maybe property line
Center increased . adjacent to a freeway
Sign to 75 feet and within Freeway
with flag Corridor Overlay
test) District
. street frontage of 500
feet
. no closer than 500 feet
to another electronic
Sign
. photo simulation
required
. automatic dimming
device required
3, Section 19,22,060(G), Prohibited Signs will be deleted,
FINANCIAL IMPACT
None, The applicant paid the Development Code Amendment and Conditional Use Permit filing
fees,
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RECOMMENDATION
That the Mayor and Common Council close the hearing and:
DCA03-04/CUP03-03
March I. 2004
Page 4
That the ordinance be laid over for final adoption and Conditional Use Permit No. 03-03 be
approved based upon the Findings of Fact contained in the Planning Commission Staff Report
(Exhibit B), subject to the Conditions of Approval (Exhibit B, Attachment E).
EXHIBITS:
I February 17, 2004 Mayor and Common Council Staff Report
II Quiel Bros. Signs Packet
III Ordinance
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CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
CC (Q) P'<<
Subject: Development Code Amendment No. 03-04
to allow an electronic message center sign for auto
dealerships subject to a Conditional Use Permit and
Conditional Use Permit No. 03-03 to construct an
electronic message center sign at the Center Auto
Plaza. The project site for the proposed electronic
sign is located at 1388 South "E" Street in the CG-l,
Commercial General land use district
~m: James G. Funk, Director
pt: Development Services
Date: January 12, 2004
MCC Date: February 17, 2004
Synopsis of Previous Council Action:
None
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council:
1) Deny Development Code Amendment No. 03-04 and Conditional Use Permit No. 03-03, and continue to
the next meeting to allow Development Services to bring revised Findings of Fact to the Council, or
_) That the ordinance be laid over for final adoption and Conditional Use Permit No. 03-03 be approved
based upon the Findings of Fact contained in the Planning Commission Staff Report (Exhibit B), subject
to the Conditions of Approval (Exhibit B, Attachment E).
YAiLtWu.& ~Jf-
James . Funk
Contact person: Aron Liang
Phone: 384-5057
Supporting data attached: Staff Repon
Ward(s): 3
FUNDING REQUIREMENTS: Amount: N/ A
Source: (Acct. No.)
(Acct. Description)
Finance:
mcilNotes: fl~ :fI="'3~ ~!i~!tJtf
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Agenda Item No. ;;tg
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
DEVELOPMENT CODE AMENDMENT NO. 03-04 AND
CONDITIONAL USE PERMIT NO. 03-03
Owner:
City of Riverside
Real Property Division
3787 University Avenue
Riverside, CA 9250 I
909.826.5461
Applicant:
Quid Bros Signs
Larry Quid
272 South "I" Street
San Bernardino, CA 924 I 0
909.885.4476
BACKGROUND
The applicant is requesting that the Mayor and Common Council approve Development Code
Amendment No. 03-04 to modify Development Code Chapter 19.22 (Sign Regulations),
Sections 19.22.030, 19.22.060 and Table E.022.01 to allow an electronic message center sign for
auto dealerships subject to a Conditional Use Permit. The proposed amendment is applicable
Citywide within the Freeway Corridor Overlay District, subject to the proposed provisions in the
text. Also requested for approval is Conditional Use Permit No. 03-03 to construct a 50-foot
high, 571 square foot electronic message center sign for the Center Auto Plaza. The project site
for the proposed electronic sign is located at 1388 South "E" Street in the CG-I, Commercial
General land use district (Exhibit A).
Please refer to the Planning Commission Staff Report (Exhibit B) for additional discussion.
Attachment C to the Planning Commission Staff Report outlines the proposed Development
Code Amendment changes.
At its meeting on December 16, 2003, the Planning Commission opened the public hearing and
received public testimony on this matter. After considerable discussion, the Planning
Commission made a motion to recommend denial of Development Code Amendment No. 03-
04 and Conditional Use Permit No. 03-03. The Planning Commission voted 4 to 3 to deny the
proposals. Commissioners COllie, Enciso, Morris, and Sauerbrun voted in favor of the motion
for denial and Commissioners Durr, Lynch, and Thrasher voted against the motion for denial.
Commissioner Lockett was absent.
The Planning Commission members who were opposed to the proposals expressed two main
concerns as follows:
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DCA03-04/CUP03-03
February 2, 2004
Page 2
1) Proliferation of electronic signs along the Freeway Corridor. The proposed amendment
could encourage dealerships to form partnerships and join venrures to pursue electronic
signs. This proposal could jump-start incentives for dealerships to acquire properties
adjacent to a freeway for use as dealerships so to obtain electronic signs, which could lead
to a proliferation and contribute to visual blight.
2) Lack of participation from adjacent dealerships. The proposals did not provide
opporrunities for other dealers who were not located within the Freeway Corridor Overlay
District. The Planning Commission felt these limitations could provide a one-sided
leverage benefit/advantage for one party.
FINANCIAL IMPACT
None. The applicant paid the Development Code Amendment and Conditional Use Permit filing
fees.
RECOMMENDA nON
That the Mayor and Common Council close the hearing and:
I) Deny Development Code Amendment No. 03-04 and Conditional Use Permit No. 03-03 and
continue to the next meeting to allow Development Services to bring revised Findings of Fact
to the Council, or
2) That the ordinance be laid over for final adoption and Conditional Use Permit No. 03-03 be
approved based upon the Findings of Fact contained in the Planning Commission Staff
Report (Exhibit B), subject to the Conditions of Approval (Exhibit B, Attachment E).
EXHIBITS:
1 Location Map
2 Planning Commission Staff Report dated December 16, 2003
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EXHIBIT 1
CITY OF SAN BERNARDINO PROJECT: DCA 03-04 &
PLANNING DIVISION CUP 03-03
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 12/16/03
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SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
Development Code Amendment No. 03-04 &
Conditional Use Permit No. 03-03
2
December 16, 2003
DCA-Citywide and CUP-3
AGENDA ITEM:
HEARING DATE:
WARD:
APPLICANT
Center Auto Plaza
1388 South "E" Street
San Bernardino, CA 92408
909.889.8561
OWNER:
City of Riverside
3787 University A venue
Riverside, CA 92501
909.8265461
REQUEST/LOCATION:
Development Code Amendment
. Modify Chapter 19.22, Sections 19.22.030, Table 022.00 and 19.22.060 (G) to allow an
electronic message center sign for auto dealerships subject to a Conditional Use Permit. The
amendment is applicable Citywide within the Freeway Corridor Overlay District.
Conditional Use Permit
. Construct a 50-foot high, 571 square foot electronic message center sign for the Center Auto
Plaza. The project site is located east and adjacent to 1-215 at 1388 South "E" Street in the
CG-l, Commercial General land use district.
CONSTRAINTS/OVERLAYS:
Liquefaction
ENVIRONMENTAL FINDINGS:
o Not Applicable
'" Exempt, Section 15311 - Accessory Structures
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reponing Plan
STAFF RECOMMENDATION:
'" Approval
o Conditions
o Denial
o Continuance to:
Development Code Amendment No. 03-04
Conditional Use Permit No. 03-03
December /5. 2003
Page 2
REOUEST AND LOCATION
Quiel Bros. Electric Sign Co., on behalf of the Center Auto Plaza is requesting approval of a
Development Code Amendment to modify Chapter 19.22, Sign Regulations, Sections
19.22.030, Table 022.00 and 19.22.060 (G) to allow an electronic message center sign for
auto dealerships within the Freeway Corridor Overlay District, subject to a Conditional Use
Permit. Also requested is a Conditional Use Permit to construct a 50-foot high, 571 square
foot electronic message center sign for the Center Auto Plaza. The project site is located east
and adjacent to 1-215 at 1388 South "En Street in the CG-I, Commercial General land use
district.
Presently, Development Code, Chapter 19.22, Sign Regulations, limits electronic message
center signs subject to a Conditional Use Permit, only to those areas in the CR-4, Commercial
Regional- Auto Plaza land use district for auto dealerships. To date, there are auto
dealerships located within the City that are adjacent a freeway and are not within the CR-4
land use district. The sign code limitation does not provide an opportunity for these auto
dealerships to have an electronic message center sign.
Specifically, the proposed amendment will modify the following:
. Section 19.22.030, Definitions, will be modified to include definitions for dealerships
and electronic message center sign. The dealership is being defined as having two or
more new vehicle dealers to preclude proliferation of electronic signs.
. Table 022.01, Sign Regulations By Land Use Category (C), will be modified to
include a new sign class heading for auto dealerships and requirements for electronic
message center signs. Although the sign must be located on-site, adjacent to the
freeway, other new vehicle dealers in the general vicinity can be part of the signage.
The locational criteria for adjacent to a freeway and within the Freeway Corridor
Overlay District emphasize the consistency with the General Plan. Although the
maximum square footage has not been defined, the overall function, size, placement,
and visibility will be analyzed on a project-by-project basis.
. Section 19.22.060 (G), Prohibited Sign, will be deleted. This will eliminate
inconsistency within the sign regulations.
Please see Attachment C for details on the proposed amendment.
The Conditional Use Permit will allow the Center Auto Plaza to construct an electronic
message center sign in the CG-Iland use district. The 50-foot high electronic sign will
advertise the Center Auto Plaza and its activities and occasional public service messages. The
electronic message center sign will be located in the rear of the property east and adjacent to
the 1-215 (Attachments A and B).
Development Code Amendment No. 03-04
Conditional Use Permit No. 03-03
December /5, 2003
Page 3
BACKGROUND
The Center Chevrolet dealership was established at its present location in the 1960s. 10 2000,
Center Chevrolet acquired the Mazda dealership, There are two major dealerships within the
Center Auto Plaza.
In October 2003, Planning staff conducted a sample survey among six cities with freeway
access for their provisions related to electronic message center signs (Attachment D). All six
cities with freeway access allow electronic message center sign subject to a Conditional Use
Permit and or a design review process for auto dealerships.
Staff has also worked closely with Quiel Bros. Electric Sign Company to ensure that an
internal consistency within the sign classification and standard requirements will be achieved
(Attachment C).
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA) STATUS
The proposed amendment is exempt from CEQA, Section 15311- accessory structures. This
provision is applicable for construction or placement of minor structures accessory to existing
commercial including but not limited to on-premise signs and other temporary facilities,
DEVELOPMENT CODE AMENDMENT
FINDINGS OF FACT
J. Is the proposed amendment consistent with the General Plan?
Yes, the proposal is consistent with the General Plan objective:
General Plan Objective 5.5 states: "Develop a consistent and well-designed program
of public informational signage,"
The proposed amendment reflects current standards in numerous cities throughout
Southern California. This proposal will allow Chapter 19.22 to be modified and
updated to provide an opportunity for other dealerships outside of the CR-4 district to
construct an electronic message center sign for better advertisement. The proposed
amendment will enhance auto dealerships with good advertisement thus creating
opportunity to generate more sales.
The proposed amendment will be internally consistent with the General Plan and will
accomplish the following:
Development Code Amendment No. 03-04
Conditional Use Permit No. 03-03
December 15. 2003
Page 4
. Update Sign Regulations to allow an electronic message center sign subject to
a Conditional Use Permit for auto dealerships in the Freeway Corridor Overlay
District.
. Promote consistent and well-designed signage.
. Provide for distinctive signage that identifies vehicle dealerships.
. Ensure that electronic message center signage compliments and does not
detract from adjacent commercial uses.
2. Would the proposed amendment be detrimental to the public interest. health.
safety. convenience. or welfare of the City?
No, the proposed amendment would allow dealerships to construct message center
signs subject to a Conditional Use Permit. The proposed amendment does not change
the automobile sales dealerships design standards nor does it modify the requirement
for a Conditional Use Permit. This proposal will be in the public interest and welfare
of the City in that it will implement the objectives and policies of the General Plan.
CONDITIONAL USE PERMIT
FINDINGS AND ANALYSIS
1. Is the proposed use conditionally permitted within the subject land use district.
would it impair the integrity and character of the subject land use district. and
does it comply with all of the applicable provisions of this Development Code?
Yes, pursuant to Development Code Sections 19.22.030, Table 022.00 and 19.22.060
(G) as amended, electronic message center signs for auto dealerships are a permitted
use in the CG-l, Commercial General land use district subject to a Conditional Use
Permit. The proposed electronic message center sign complies with these
requirements.
2. Is the proposed use consistent with the General Plan?
Yes, the proposal is consistent with the General Plan policy:
General Plan Policy 1.18.31 states: "Require that signage be integrated into the overall
site and building design."
The proposed sign has been designed to be integrated into the overall site. The
existing pylon sign east and adjacent to 1-215 installed in I 990s will be removed in
conjunction with installation of the 50-foot electronic message center sign. Although
the existing pylon sign is still functional, it's becoming obsolete. The electronic
message center sign should help to draw attention to the Center Auto Plaza,
encouraging more customers to stop and shop for vehicles.
Development Code Amendment No. 03-04
Conditional Use Permit No. 03-03
December J 5, 2003
Page 5
3. Is the approval of the Conditional Use Permit for the proposed use in
compliance with the requirements of the California Environmental Quality Act
and Section 19.20.030(6) of the Development Code?
The project is exempt from CEQA per Section 15311, which exempts accessory
structures.
4. Are there potentially significant negative impacts upon environmental quality
and natural resources that could not be properly mitigated and monitored?
As noted in Finding No.3, this project is exempt from CEQA review under Section
15311.
5. Are the location, size, design, and operating characteristics of the proposed
use compatible with the existing and future land uses within the general area
in which the proposed use is to be located and will it create significant noise,
traffic or other conditions or situations that may be objectionable or
detrimental to other permitted uses in the vicinity or adverse to the public
interest, health, safety, convenience, or welfare of the City?
Yes, the location, size, design and operating characteristics of the proposed use is
compatible with the existing and future land uses within the general area. The
proposed sign will comply with Development Code guidelines for signs and will be 50
feet taU and will include areas for the auto center name, electronic message center, and
dealership identification. The electronic message area will be 190 square feet, and the
dealership identification area will be 180 square feet with the dealership logos at 20 I
square feet. The total square footage of the proposed sign will not exceed 571 square
feet. The sign will provide good visibility to motorists traveling south and north on 1-
215.
6. Is the subject site physically suitable for the type and density/intensity of use
being proposed?
Yes, the subject site is physicaUy suitable for the type and intensity of use being
proposed. The proposed sign will comply with Development Code as amended. The
proposed sign will be at 50 feet and is setback 5 feet from the property line. The sign
will promote greater visibility to and from the Center Auto Plaza.
7. Are there adequate provisions for public access, water, sanitation, and public utilities
and services to ensure that the proposed use would not be detrimental to public health
and safety?
The Center Auto Plaza is fuUy developed, and aU services and utilities are in place.
The proposed sign will not impact the existing services or utilities or be detrimental to
the public health and safety. AU applicable Codes will apply to the construction of the
Sign.
Development Code Amendment No. 03-04
Conditional Use Permit No. 03-03
December 15. 2003
Page 6
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of Development Code
Amendment No. 03-04 and Conditional Use Permit No. 03-03.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the Mayor and Common
Council:
I. Approve Development Code Amendment No. 03-04 based upon the Findings of Fact
contained in this Staff Report, and;
2. Approve Conditional Use Permit No. 03-03 based upon the Findings of Fact contained
in this Staff Report and subject to the Conditions of Approval (Attachment E).
Respectfully Submitted,
VaJJW;(;.~
James Funk
Director of Development Services
~
Senior Planner
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Location Map
Site Plan
Proposed Amendment to Chapter 19.22, Sign Regulations
Sample Survey August 2003
Conditions of Approval
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: DCA 03-04 &
PLANNING DIVISION CUP 03-03
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 12/16/03
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ATTACHMENT C
CHAPTER 19.22
SIGN REGULA nONS
Specifically, the proposed amendment will modify the following:
1. Section 19.22.030, Definitions, will be modified to include definitions for auto
dealerships and electronic message center sign as follows:
Vehicle Dealerships: dealerships with two or more new vehicle dealers (with
ancillary used cars and recreational vehicle sales)
Electronic Message Center Sign: a sign having the capability of presenting
variable message displays by projecting an electronically controlled pattern
against a contrasting background and which can be programmed to change the
message display periodically.
II. Table 022.01, Sign Regulations By Land Use Category (C), will be modified to
include a new sign class heading for auto dealerships and requirements for
electronic message center sign. See Table A below:
TABLE A - Sien Re2Ulations
Sign Sign Maximum Maximum Maximum Additional
Number Sign Sign Requirements
Class Type Area Heieht
*set back 5 feet from
property line
*on-site
I 50 feet *adjacent to a freeway and
(maybe up within Freeway Corridor
5. Vehicle Electronic Case by to 75 feet Overlay District
Dealerships Sign Case with flag *street frontage of 500 feet
test) *no closer than 500 feet to
other electronic sign
*flag test for visibility
III. Section 19.22.060 (G), Prohibited Sign, will be modified as follows:
G. ChaRgea131e sS13Y SigHS aaa eleew8Bie message eearss, ellSS,,! as 11118\1/68 hy a
CeRsitisRal Use PSfffiit fef me-fie tBeatefs, sfeaBs, stadiams, af atKa malls (iB the
CR 1111fla t1se aistFiet).
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ATTACHMENTE
CONDITIONS OF APPROVAL
Conditional Use Permit No. 03-03
I. This approval is for construction of a 50-foot high, 571 square foot electronic
message center sign for the Center Auto Plaza.
2. Within two years 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. However, approval of
the Development Permit does not authorize commencement of construction. All
necessary permits must be obtained prior to commencement of specified
construction activities included in the Conditions of Approval and Standard
Requirements.
Expiration Date: 2 years from effective date of Development Code Amendment
3. The review authority may grant a one-time extension, for good cause, not to
exceed 12 months. The applicant must file an application, the processing fees, and
all required submittal items, 30 days prior to the expiration date. The review
authority shall ensure that the project complies with all Development Code
provisions in effect at the time of the requested extension.
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), the Economic Development
Agency of the City of San Bernardino (EDA), any departments, agencies,
divisions, boards or commission of either the City or EDA as well as
predecessors, successors, assigns, agents, directors, elected officials, officers,
employees, representatives and attorneys of either the City or EDA from any
claim, action or proceeding against any of the foregoing persons or entities. The
applicant further agrees to reimburse the City of 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 relieve applicant of his or her obligation under this
condition.
The costs, salaries, and expenses of the City Attorney and employees of his office
shall be considered as "attorneys fees" for the purpose of this condition.
As part of the consideration for issuing this permit, this condition shall remain in
effect if this Conditional Use Permit is rescinded or revoked, whether or not at the
request of applicant.
5. Construction shall be in substantial conformance with the plan(s) approved by the
Director, Development Review Committee, Planning Commission or Mayor and
Common Council. Minor modification to the plan(s) shall be subject to approval
by the Director through a minor modification permit process.
6. The existing pylon sign shall be removed prior to installation of the new sign.
1
2
3
4
5
6
7
8
9
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING
CHAPTER 19.22 (SIGN REGULATIONS) OF THE SAN BERNARDINO MUNICIPAL
CODE (DEVELOPMENT CODE) RELATED TO ELECTRONIC SIGN
REQUIREMENTS FOR AUTO DEALERSHIPS.'
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.22, Sections 19.22.030, 19.22.060 and Table 022.01 of the
Municipal Code (Development Code) is amended to modify the sign requirements for electronic
signs within the Freeway Corridor District Overlay for auto dealerships as shown in Attachment
10
11
12
13
14
15 face or as applied, such holding shall not affect the validity or effectiveness of any of the
16
17
1, attached hereto and incorporated herein by reference.
SECTION 2. Severability. In the event that any provision of this Ordinance, or any part
thereof, or any application thereof to any person or circumstance, is for any reason held to be
unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its
remaining provisions of this Ordinance, or any part thereof, or any application thereof to any
person or circumstance or of said provision as applied to any other person or circumstance. It is
18 hereby declared to be the legislative intent of the City that this Ordinance would have been
19
adopted had such unconstitutional, invalid, or ineffective provision(s) not been included herein.
20
IIII
21
22 IIII
23 IIII
24
25
26
27
28
1
!,
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING
CHAPTER 19.22 (SIGN REGULATIONS) OF THE SAN BERNARDINO MUNICIPAL
2 CODE (DEVELOPMENT CODE) RELATED TO ELECTRONIC SIGN
3 REQUIREMENTS FOR AUTO DEALERSHIPS.
4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof, held
, 2004, by the following vote to wit:
ABSTAIN
ABSENT
13 SUAREZ
14
15
16
17
18
19
20
21
ANDERSON
MC CAMMACK
City Clerk
The foregoing ordinance is hereby approved this _day of
2004,
JUDITH VALLES, Mayor
City of San Bernardino
22 Approved as to form
23 and legal content:
24 JAMES F. PENMAN
City Attorney
25 ~
By: t,p~
26 III
27
III
28
2
A TT ACHMEl'iT 1
SIGN REGULATIONS -19.22
Civic Event Sign. A temporary sign, other than a commercial sign, posted to advertise a civic
event sponsored by a public agency, school, church, civic-fraternal organizations, or similar non-
commercial organization.
Commercial Seasonal Sign. An "open" or "closed" window sign, posted on a seasonal basis.
Construction Sign. A temporary sign erected on the parcel on which construction is taking place,
limited to the duration of the construction, indicating the names of the architects, engineers,
landscape architects, contractors, or similar artisans, and the owner, financial supporters,
sponsors, and similar individuals or firms having a major role or interest with respect to the
structure or project.
Directional Sign. Signs limited to directional messages, principally for pedestrian or vehicular
traffic, such as "one way", "entrance", or "exit".
Directory Sign. A sign for listing the tenants or occupants and their suite numbers of a building
or center.
Double-faced Sign. A single structure designed with the intent of providing copy on both sides.
Electronic Message Center Sign. A sign having the capability of presenting variable
message displays by projecting an electronically controlled pattern against a contrasting
background and which can be programmed to the message display periodically.
Eaveline. The bottom of the roof eave or parapet.
(MwmH
Flashing Sign. A sign that contains an intermittent or sequential flashing light source.
Freestanding Sign. A sign that is supported by I or more uprights, braces, poles, or other
similar structural components that is not attached to a building or buildings.
Freeway Sign. A sign adjacent to a freeway right-of-way which advertises a freeway adjacent
business or a qualifying business in close proximity to a freeway pursuant to the provisions of
19.22.080(4) of this chapter. MC 929 1I19/95
111-19
10/99
SIGN REGULATIONS - 19.22
the business conducted, services available or rendered, or the goods produced, sold, or available
for sale, upon the property where the advertising display is erected.
Sign Area. The entire face of a sign, including the surface and any framing, projections, or
molding, but not including the support structure. Individual channel-type letters mounted on a
building shall be measured by the area enclosed by four straight lines outlining each word.
Sign Program. A coordinated program of I or more signs for an individual building or building
complexes with multiple tenants.
Temporary Sign. A sign intended to be displayed for a limited period of time.
Trademark. A word or name which, with a distinctive type or letter style, is associated with a
business or business entity in the conduct of business. MC 834 6/19/92
Vehicle Dealerships. Dealerships with two or more new vehicle dealers (with ancillary used
cars and recreational vehicle sales).
Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent
to any property, the principal purpose of which is to attract attention to a product sold or an
activity or business located on such property.
Wall Sign. A sign painted on or fastened to a wall and which does not project more than 12
inches from the building or structure.
Window Sign. Any sign that is applied or attached to a window or located in such a manner that
it can be seen from the exterior of the structure.
19.22.040 SIGN PERMIT REQUIRED
1. GENERAL
No sign, including a copy change, or temporary sign, unless exempted by this Chapter,
shall be constructed, displayed or altered without a sign permit or sign program approved
by the City. The Director shall review all signs unless otherwise stated.
2. SIGN PROGRAM
A sign permit for a sign program may be submitted for all new commercial, office, and
industrial centers consisting of 3 or more tenant spaces. The program may be filed with
the project application to construct the center, and can be processed concurrently with the
project application. The purpose of the program shall be to integrate signs with building
and landscaping design to form a unified architectural statement. MC 1057 10/8/99
19.22.50
EXEMPT SIGNS
Table 022.00 identifies the signs that are exempt from the provisions of this Chapter.
MC 1057 10/8/99
III - 22
10/99
,
SIGN REGULATIONS - 19.22
19.22.060 PROIllBITED SIGNS
The following signs are inconsistent with the sign standards set forth in this Chapter, and are
therefore prohibited:
A. Abandoned signs as defined in Section 19.22.030.
B. Animated, moving, flashing, blinking, reflecting, revolving, or any other similar
sign, except electronic message boards
C. Banners, flags, and pennants, except as permitted by Sections 19.22.070 and
19.22.090. MC 979 9/5/96
D. Bench signs
E. Billboards or Outdoor Advertising signs, except as permitted by Section
19.22.080 of this Chapter. MC 9291/19/95
F. Chalkboards or blackboards
G. ChaageaBle eefJY SigHS aHa eleetr8aie message Bearss, eJEsel3t as alls";;ea BY a
CUP fer tBeyie tReaters, arenas, smaiams, af &Hie malls (in the CR 1 laBS Hse
distriet). IBstitutienal l:lses, S\:leR as effilfekes anti sekeels, H1flj' iaesFfl8rate
ehaageaale e8flY ia ':;all Sf Hl8flHHleftt sigRS Ell1d are eJ{eIBfJt Rem the CUP
reEll'iremeHt. MC 19162/27/98
H. Illegal signs as defined in Section 19.22.030.
I. Off-site or billboard signs, except as permitted by Section 19.22.080
J. Permanent sale or come-on signs
K. Portable signs or A-frame signs
L. Signs deemed to be a public nuisance as defined in Section 19.22.030 and MC
Section 8.30.010.
M. Roof signs
N. Signs on public property, except for traffic regulatory, informational signs, signs
required by a governmental agency, and model home tour signs, and except as
permitted by Section 19.22.080. MC 812 12/5/91
O. Signs painted on fences or roofs
P. Balloons and other inflated devices or signs designed to attract attention, except as
allowed per Section 19.22.070.
Q. Signs that are affixed to vehicles, excluding permanent signs on commercial
vehicles
R. Signs which simulate in color or design a traffic sign or signal, or which make use
of words, symbols or characters in such a manner to interfere with, mislead, or
confuse pedestrian or vehicular traffic. MC 1057 10/8/99
19.22.070 TEMPORARY SIGNS
Special event signs and civic event signs may be approved by the Director for a limited period of
time as a means of publicizing special events such as grand openings, carnivals, parades,
charitable events, holiday sales, and special promotions. Such special event signs shall be limited
to the following provisions:
A. No temporary sign shall be erected without a temporary sign permit.
B. Temporary signs shall be limited to 90 continuous days per event within a 180-day
period from the start date of the event.
111-26
10/99
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CnOfJr
1
2
3
4
5 THE MAYOR Ai'\TI CO:--1:'lON COU"CIL OF THE CITY OF SAr\ BERr\ARDIr\O
DO ORDAIN AS FOLLOWS
A!\ ORDI!\Ai'iCE OF THE CITY OF SAi'i BER'\ARDIi'iO :\IODIFYli'iG
CHAPTER ]9.22 (SIGN REGULATIONS) OF THE SAi'i BER"I;ARDIi'iO )\1l'!\]CIPAL
CODE (DEVELOPMDT CODE) RELATED TO ELECTROi'iIC SIGi'i
REQUIREMENTS FOR AUTO DEALERSHIPS.
6
7
8
9
10
11
12
13
14
15
SECTION 1. Chapter ]9,:2, Sections 192:,030, 19,22,060 and Table 02:01 of the
:--Iunicipal Code (Development Code) is amended to modify the sign requirements for electronic
signs wIthin the Freeway Corridor Distnct Overlay for auto dealerships as shown in Attachment
], attached hereto and incorporated herem by reference,
SECTION 2, Severability, In the event that any pro\'ision of this Ordinance, or any part
thereof, or any application thereof to any person or Circumstance, is for any reason held to be
unconstitutional or othef\vlse invalid or meffective by any court of competent jurisdiction on its
face or as applied, such holding shall not affect the validity or effectiveness of any of the
16 remaming provisions of this Ordinance, or any part thereof, or any application thereof to any
17 person or circumstance or of said provision as applied to any other person or circumstance, It IS
18
hereby declared to be the legislative intent of the City that this Ordinance would have been
19
adopted had such unconstitutional, invalid, or ineffective provision(s) not becn included herein,
e
1
2
3
AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING
CHAPTER 19.22 (SIGN REGULATIONS) OF THE SAN BERNARDINO MUNICIPAL
CODE (DEVELOPMENT CODE) RELATED TO ELECTRONIC SIGN
REQUIREMENTS FOR AUTO DEALERSHIPS.
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
4
5 Common Council of the City of San Bernardino at a
6
7
meeting thereof, held
on the
day 0 f
, 2004, by the following vote to wit:
ABSTAIN
ABSENT
Council Members:
AYES
NAYS
8
9
10
11
12 DERRY
ESTRADA
LONGVILLE
MC GINNIS
13 KELLEY
e 14 JOHNSON
15 MC CAMMACK
e
16
17
18
19 2004.
20
21
22
City Clerk
The foregoing ordinance is hereby approved this _day of
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
23 and legal content:
24 JAMES F. PENMAN
City Attorney
25
26
By: L =r.r~
27 III 0 .
III
28
2
\ TT.\CH\!E" I
SIC' REGl"lATIO'S - 19.22
CI\IC Event Sign ;\ temporar\' sign. other than a commercial sign. posted to ad\ erllse a CI\ JC
e\,ent spon,ored h\ a puhllc agency. school. church. cinc-fraternal organizations. or similar n,,~.
e commercial organrzatlDn
Commercial Seasonal Sign, An "open" or "closed" wmdow sign. posted on a seasonal basis
Construction Sign A temporary sign erected on the parcel on which construcllon IS takmg place.
limited to the duration of the construclIon. indicallng the names of the archnects. engineers.
landscape archllects. contractors. or similar artisans. and the owner. financial supporters.
sponsors. and Similar IndiViduals or firms ha\'mg a major role or interest \\Ith respect to the
structure or proJect.
Directional Sign Signs limited to direcllonal messages. prmcipally for pedestrian or vehicular
traffic. such as "one way". "entrance". or "exn",
Directon Sign, A sign for lisllng the tenants or occupants and their suite numbers of a building
or center.
Double-faced Sign A smgle structure designed with the intent of pro\idmg copy on both sides
Electronic :\Iessage Center Sign. A sign having the capability of presenting variable
message displays by projecting an electronically controlled pattern against a contrasting
background and which can be progranuned to the message display periodically.
e Eaveline, The bonom of the roof eave or parapet.
C ~~UNE
Flashing Sign, A sign that contains an interminent or sequential flashing light source
Freestanding Sign A sign that is supported by I or more uprights. braces. poles. or other
similar strucrural components that is not anached to a building or buildings,
e
Freeway Sign A sign adjacent to a freeway right-of-way which advertises a freeway adjacent
business or a qualifying bUSiness in close proximity to a freeway pursuant to the provisions of
1922080(4) of thIS chapter. ~IC 929 1119/95
JII-19
10/99
e
e
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r
SIG!\: REGlTLATIO!'\S - 19.22
the business conducted, services available or rendered, or the goods produced, sold, or available
for sale, upon the property where the advertising display is erected.
Sign Area. The entire face of a sign, including the surface and any framing, projections, or
molding, but not including the support structure. Individual channel-type letters mounted on a
building shall be measured by the area enclosed by four straight lines outlining each word.
Sign Program. A coordinated program of I or more signs for an individual building or building
complexes with multiple tenants.
Temporary Sign. A sign intended to be displayed for a limited period of time.
Trademark. A word or name which, with a distinctive type or letter style, is associated with a
business or business entity in the conduct of business. MC 834 6/19/92
Vehicle Dealership. One or more vehicle sales establishments (with ancillary used cars and
recreational vehicle sales).
Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent
to any property, the principal purpose of which is to attract attention to a product sold or an
activity or business located on such property.
Wall Sign. A sign painted on or fastened to a wall and which does not project more than 12
inches from the building or structure.
Window Sign. Any sign that is applied or attached to a window or located in such a manner that
it can be seen from the exterior of the structure.
19.22.040 SIGN PERMIT REQUIRED
I. GENERAL
No sign, including a copy change, or temporary sign, unless exempted by this Chapter,
shall be constructed, displayed or aIrered without a sign permit or sign program approved
by the City. The Director shall review all signs unless otherwise stated.
2. SIGN PROGRAM
A sign permit for a sign program may be submitted for all new commercial, office, and
industrial centers consisting of 3 or more tenant spaces. The program may be filed with
the project application to construct the center, and can be processed concurrently with the
project application. The purpose of the program shall be to integrate signs with building
and landscaping design to form a unified architectural statement. MC 1057 10/8/99
19.22.50
EXEMPT SIGNS
Table 022.00 identifies the signs that are exempt from the provisions of this Chapter.
MC 1057 10/8/99
III-22
10/99
.
SIG' REGl"LATlO:\S - 1'1.22
19.22.060 PROHIBITED SIGNS
e The following signs are inconsistent with the sign standards set forth in this Chapter. and are
therefore prohibited:
A
B
c
D
E
F
G.
e
H.
I
1.
K
L.
M.
N.
Abandoned signs as defined in Section 19.22.030.
Animated, moving, flashing, blinking, reflecting, revolving. or any other similar
sign, except electronic message boards
Banners, flags, and pennants, except as permitted by Sections 19.22070 and
19.22.090. MC 979 9/5/96
Bench signs
Billboards or Outdoor Advertising signs, except as permitted by Section
19.22080 of this Chapter. MC 9291/19/95
Chalkboards or blackboards
CHaRgea81e (013:,' sigAs BAd eleetfoAie Rlessage 8oBn:ls, eHcept as alls'^'ea s:; a
CCP fur ffis':ie tReaters, areflBS. slaailiffiS. aT aMte ffialls (ifl IRe CR1 laRS l:1se
distriet). IAstifl:1tisRal uses. sHeR as e}=nuckes BAa sCfl0s1s, may iAc8FJ3orate
cl=lBflgeable C0fJ)" ifl \':all Sf mOflUFfleRt sigHS aRa are e)~effifH [r8m tfie CUP
reqlliremeAt MC 10162/27/98
Illegal signs as defined in Section 19.22.030.
Off-site or billboard signs, except as permitted by Section 19.22.080
Permanent sale or come-on signs
Portable signs or A-frame signs
Signs deemed to be a public nuisance as defined in Section 19.22.030 and MC
Section 8.30.010.
Roof signs
Signs on public property, except for traffic regulatory, informational signs, signs
required by a goverrunental agency, and model home tour signs, and except as
permitted by Section 19.22.080 MC 81212/5/91
Signs painted on fences or roofs
Balloons and other inflated devices or signs designed to attract attention, except as
allowed per Section 19.22.070.
Signs that are affixed to vehicles, excluding permanent signs on commercial
vehicles
Signs which simulate in color or design a traffic sign or signal, or which make use
of words, symbols or characters in such a manner to interfere with, mislead, or
confuse pedestrian or vehicular traffic. MC 1057 10/8/99
O.
P
Q
R.
19.22.070 TEMPORARY SIGNS
Special event signs and civic event signs may be approved by the Director for a limited period of
time as a means of publicizing special events such as grand openings, carnivals, parades,
charitable events, holiday sales, and special promotions. Such special event signs shall be limited
to the following provisions:
e
A
No temporary sign shall be erected without a temporary sign permit.
B. Temporary signs shall be limited to 90 continuous days per event within a 180-day
period from the start date of the event
IlI-26
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Alternative Additional Requirement
For Electronic Message Center Signs
Table 021.01, Sign Regulations By Land Use Category (C), will be modified to include a
new sign class heading for vehicle dealerships and requirements for electronic message
center signs. See below.
Sign Regulations
Sign Sign Maximum Maximum Maximum Additional
Class Type Number Sign Sign Requirements
Area Height
5. Vehicle Electronic I Case by 50 feet . setback 5 feet from
Dealership Message Case (may be property line
Center increased . adjacent to a freeway
Sign to 75 feet and within Freeway
with flag Corridor Overlay
test) District
I street frontage of 500
.
feet
, . no closer than 500 feet
, :
to another electronic
Sign
. photo simulation
required
. automatic dimming
device required
. The Sign must
advertise 2 or more
Vehicle Dealerships
if one of the Vehicle
Dealerships was not
lawfully operating
within the Freeway
Corridor Overlay
District on
March 1,2004.
Added language in Bold.
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OFFICE OF THE CITY CLERK
RACIlEL G. CLARK, C.M.C. . CITY CLERK
300 North "0" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.lis
,,,
March 3, 2004
Mr. Larry Quiel
Quiel Bros. Signs
272 South "1" Street
San Bernardino, CA 92410
DearM
At the Mayor and Common Council meeting held on March I, 2004, the following action was
taken relative to Development Code Amendment No. 03-04, to allow an electronic message
center sign for auto dealerships subject to a conditional use permit, and Conditional Use Permit
No. 03-03, to construct an electronic message center sign at the Center Auto Plaza located at
1388 South "E" Street:
That the hearing be closed; that the ordinance be laid over for final adoption; and
that Conditional Use Permit No. 03-03 be approved, based upon the Findings of
Fact and subject to the Conditions of Approval contained in the December 16,
2003 Planning Commission staff report.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
~/J.~
Rachel G. Clark, CMC
City Clerk
RGC:lls
cc: Development Services
Center Auto Plaza, 1388 South "E" Street, San Bernardino, CA 92408
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
f\.1 uc. 031 Ot[ 04-
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V~1pfL ',ry ~~,
AgV~RTISING DI,SPLAY
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Founder
Ray Quiet
Generations of successful signs...Literally
Quiel Brothers Sign Company
always produces the finest signs
possible. We are committed to
complete customer satisfaction
and producing visual displays
to delight our customers by
exceeding their expectations
through innovative manufacturing
techniques, imagination, style, and
flair that will bring our customers
results!
Gary Quiet
Jerry Quiet
Lany Quiet
OUR MISSION
HOW WE DO IT!
- r-
From the initial contact with our organization,,: fMough design,
manufacturing & installation, your project is handled by a staff
of professionals that pride themselves in manufacturing
only the highest quality of visual displays.
Design
Installation
Sales
Estimating
,r'!.III1I::',,; IVII.,=-.;-J1or.lof:'tl
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-
Each new neon display becomes
a spectacular eye appealing sight
with the ability to attract attention
to your business.
,.
Neon manufacturing is yet another source of pride in our endeavor to stay on the
leading edge of our industry. so you can be on the leading edge of yours. Let us be
your visual communications specialists.
(
There's more to neon than just bright lights. At Quiel
Brothers Sign Co. we create designs that will best
advertise your business, skilled engineering to produce the job,
and experienced installers to put your display in place, as well
as a full maintenance crew to keep your sign looking new.
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Whether you need a hundred ~o'bt sign
for a shopping center, or a free~ay-visible sign
for your individual business, Q~iel Brothers Sign Co.
has the experience to give you' ~xactly what you need.
I J
S. l~b' -h . 'Jd .
Imp e sIgn ca l11ets to t eme signs Wit I ecoratlve
I rre~ealS and pole covers, Quiel Brothers Sign Go.-can
deliver the highest quality products and
. prOfe~~j01~1 GTrgeB y ~- 0'" y, ...
-=- ~~--':':BRDS.
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P-E1I..!!E~.S I G N 5
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No matter what your architectural
needs, Quiet Brothers Sign Co. is
ready to meet the challenge.
We can meet the requirements of any
sign criteria or theme; or if you need
'" -=-- -~tiJ:establish one, Quiel Brothers Signs
can 7ielp!~
.,....... .... -'" ~
".. -
~ ~ ~ --.. "1It.../ _
B R lfRe'$oftom line.....Nr.tUr,.r,:W~g&~==
shape or theme youVJb1~i'J;, -
Quiel Bros'(S(i9.'kC;;9.'iltr~.efJP'$L'CI!Jl:>fM'iJl Signs!
your needs.
A mix of masonry and internally
illuminated letters gives this monument
a sense of style, while helping it fit in
with the surrounding architecture.
-
~g]~'r 'S(JS'NJS
Why should I partner with Quiel Brothers Signs?
Here are a few reasons...
"Many years of experience in the sign industry
with a solid reputation.
"Tremendous knowledge of fabrication
methods and material uses.
"Flexible financing and leasing programs.
"An award winning design team to help you
maXimIze your presence.
"Highly trained field service technicians.
.---
.-.
._--
.--
Implementing a sign program in today's marketplace
requires specialized skills. It is important to work wilh
a company thai has both knowledge and experience
providing complete sign programs. You can be
sure that your marketing objectives, specific
site requirements, budgels, sign codes and
countless other important consideralions will
be handled with the highest priority.... We work
step by step with our clients to ensure Complete
Customer Satisfaction!
:1 ;:J g'D J Ah:r-'Y ElUIE!ro~
BEFORE YOU SELECT A SIGN....SELECT A SIGN COMPANY
Quiel Brothers Electric Sign Company is...
STRONG..SAFE..and SOLID!
,
Some important facts about Ouie! Brothers Sign Company
* Full service sign service company since 1961
* Licensed C45 and CIO Electrical Sign Contractor
* Licensed Los Angeles Fabricators and Designers
* Insured and~bondable with the highest rating available from Dun . stre-et
* We are-St'fOng supporters of local businesses and are involved with City Government activities
.:.-A'Quiel Brothers Sign comes with a I year warranty and a lifetime structural guarantee
* Quiel Brothers strives to stays on the leading edge of-technology
* We own and utilize the latest in computerized equip~t=ana'always use the best materials
::. I _nr au -~."'). ", "\"
AbouDourlFaclhty an~nBRD~ SinCE 1961 .--
Quiet Brothers Electric Sign Company's manufacturing facjlity has beenlQcated in .
San Bernardino since 1961. Our facility was specifically d~srgm~PYRd's 0 ::iuccessful Signs!
constructed to accommodate our continued growth with over 20,000 sq ft
of offices and manufacturing facilities. We also have support facilities in the
Coachella Valley and the High Desert.
Our three acres of fenced yard houses our fleet of vehicles and equipment
which consist of7 cranes, 6 service trucks, an auger truck, plus additional
support and specialty equipment.
New sign fabrication and installation represents the majority of our present
operations today. We have the management and technical expertise to carry
out any project to its final completion.
All ofQuiel Brothers Signs are constructed of the finest materials available.
They are inspected and approved by the Underwriters Testing Laboratory, and are installed in
accordance with article 600 of the National Electrical Code.
Quiel Brothers Sign Co. invites you to contact us with any questions you may have.
We have a full staff of qualified and professional associates who are highly trained to help you
in any manner regarding your Sign, from Design, Permitting, Service, Manufacturing & Installation.
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ncing and Leasing Options Available!
Since 1961 Quiel Brothers Sign Co. Has helped many of
our clients overcome the hurdles of financing their
advertising displays. We understand in to day's market
that flexibility is the key.
Let Quiel Brothers Sign Co. help you unlock the door to success,
by offering one of our flexible finance plans.
Ask one of our qualified sales representaTives to assist you
in determining which finance op'tion iS1best suited for you.
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Goneralions 01 Successhi Sigm!
Inland Empire (909) 885-4476 Coachella Valley (760) 347-8370
High Desert (760) 955-7446
Fax: (909) 888-2239 (760) 347-8335
Licensed C45 & C10 Contractors
Contractors License #217345
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SIGNS BY @ . ~
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272 SOUTH I STREET, SAN BERNARDINO, CALIF. 92410
PH. 909-885-4476 FAX 909-888-2239
www.quielsigns.com
Electronic Message Centers
The Bottom Line
For businesses tllat choose to enhance tlleir signage witll an elecuunic message center, the
owners typically see an increase in business of 15% to 150%. Using tlle smaller number,
consider tlle following example:
A small business generating $1,000.00 a day in revenue adds an elecu'onic message center.
'Ole business soon increases by 15%, adding anotller $150 per day in tOlal revenue. TIlat
tr:U1slates into an additional $1,050.00 a week in revenue, or $54,600.00 per year'. Witll tllis
exarnple, tlle invesunent in tllC elecu'onic messagc ccnter unit would likely bc about one-
tllird of tllC additional rcvenuc gencrated in tlle first year of its opcration alone.
In tlle foregoing exarnple, we carl only speculate upon tlle actual impact upon profit, but
assuming tllat tllC business was at or above its "breakeven" point before adding tlle elecu'onic
messagc center, tlle addition of $54,600.00 per ycar in revenue would clear'ly add to tlle
business's profit. Obviously, increased profits trarlslalc into incrcased t.'lX revenue for tlle
city.
Beyond lax revcnues, a city bcnefits in marlY otllcr ways from a tluiving business. Innovativc
citics seek to optimize tllC retuI1l li'om local rClail space to prevent urbarl sprawf arId
dctelioration. Aestlletics arId urban detcrioration ar'c closefy linked. In :u1 environment
whcrc ch:u1ge is const:ult, if tllC visual cOIIununication of rel;.;1 sties is not a1lowcd to be
I1cxible to respond to tlle marketplacc, it is only a matter of time until tlle retail community
will no longer be able to a110rd proper maintenarlce of tlle design, fixturcs arId mercharl(lise
needcd to slllvive in tlle c1larlb,ing compctitivc economy.
So if acstllctics, upkeep arId improvement of tlle environmcnt ar~ part of a city's gencral
plarl, tlle city must allow busincsses tl,e I1cxibility to communicate in a way tllat gcncratcs a
strong consumer response. Thc electronic message center is one of tlle most poweliill tools
available to help tlle small business attract cOllSumers' attention arId communicate witll
them.
SALES. SERVICE. LEASING. MAINTENANCE. CRANE SERVICE. NEON
Calif. Contractors License No. 217345
SIGNS BY @ - ~
. ~ ..,:..o:~ SINCE 1961
272 SOUTH I STREET, SAN BERNARDINO, CALIF. 92410
PH. 909-885-4476 FAX 909-888-2239
www.quielsigns.com
CITY ALLOWING ELECTRONIC MESSAGE BOARDS
City OF Cerritos for Auto Dealerships only.
City of Montclair allows them through CUP Process
City of Covin a allows them on property within 300' of freeway.
City of Ontario allows them in Specific plan area for Auto Dealers or Large Retail
complexes.
City of Fontana allows them under CUP application
City of West Covina allows them within 300' of freeway and approval from Planning
Commission.
City of Riverside allows them within 100' off freeway with cup application
City of Colton allows them with CUP and Variance application
City of Monrovia allows them to business next to freeway, using CUP process.
City ofTemecula allows them next to freeway using CUP process.
City of Rialto allows them.
City of Moreno Valley allows them with CUP process for freeway-orientated business.
City ofVictorville allows them with CUP application
City of Hesperia allows them with CUP application
City of Barstow allows them with CUP application
County of San Bernardino allows them.
SALES. SERVICE. LEASING. MAINTENANCE. CRANE SERVICE. NEON
Calif. Contractors License No. 217345
ISSUE FORTY
2003
Variable Message Signs and Electronic Message
Centers
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Generally speaking, all sign faces can be changed,
with varying degrees of difficulty. In somc cases,
this requires a new coat of paint or a change of
mounted letters or other graphic clements. The
advent of plastic and its successors in the industry
have pennitted sign copy to be changed with greater
ease than ever before, allowing one to simply pull
the entire face out of a sign and install a new one.
Outdoor advertising utilizes face changes on a
regular basis. Even the so-called neon sign is really
a fonn of copy change, as its face can be designed
to appear quite different in the daytime than at night.
None of this activity has ever been particularly
remarkable.
As businesses have focused on the need to
communicate in a timely manner to their most
immediate potential customers - those driving by
the business at a particular moment - they have
increasingly focused on ways to display a more
timely, direct message, one that can bc changed and
which says more than just the name of the business.
Mechanical variable message signs have been
around for a long time, and are a highly valuable
communication tool for businesses and the
community. Like all signs, they communicate
directly with the people most likely to patronize
the business - those passing the sitc in a vehiclc.
And bccause they provide for easy flexibility in
communication, their messages can be timely and
relevant, conveying announcements of sales or
community events, or expressing opinions, words
of wisdom, or humorous sayings.
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One historic fonn of changeable copy sign is the
graphic display case, most commonly seen at
theaters, to display a pictorial that promotes a
currently showing film. Similar displays are often
used in other retail and food services businesses.
and are an integral part of outdoor advertising
programs that appear in airports and on buses and
transit shelters. Recently, new changeable copy
systems have been developed which enable easily
changed full color graphic presentations. Some of
these utilize standard graphic panels that mount on
existing systems. Others take advantage of the four-
color printing process on vinyl materials either
backed with adhesive and temporarily mounted on
a sign, or, when translucent inks and vinyl are used,
sandwiched between two plastic sheets and placed
in a lighted sign cabinet.
Early on, theaters were the most prominent users
of the form of changeable copy sign known as the
marquee. These signs used (and many still do)
background panels mounted on internally
illuminated cabinets, with metal or plastic tracks
on the sign faces to hold individual letters or panels
announcing the day's movie showings. Laborers
install the letters from either a ladder or a
mechanical extension arm. Other businesses soon
picked up on the practice of using the marquee sign
to market products and services. This form of
mechanically changeable signage has evolved into
a number of different variations, including the gas
station price sign, but even its most basic fonn it
continues to be widely used because of its economy
and versatility. Many businesses have rclied on
portable versions of the changeable copy sign, often
mounted on trailers or sandwich boards, and placed
close to the roadway to enhance visibility.
Because the early systems required physical activity
to accomplish a change of copy, sign industry
professionals began experimenting with
mechanical, electromechanical and electrical
systems that could accomplish copy changes. One
of these innovative variations, which is still in use
today, is a display that utilizes a series of scrolls
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printed with numbcrs and letters and locatcd bchind thc
display panel. Each of the scrolls could bc turncd to
reveal the numbcr or letter dcsired to spcll out thc
message. At first, thcse signs were changed
mechanically, but today they are often controllcd
electronically. A prime example of this type of sign is
thc typical pricc board located inside and outside of
nearly all fast food restaurants. This type of sign was
thc lirst flawlcss electronic copy changer.
Other carly systems included the use of banks of
incandescent light bulbs connected with permanent
wiring to form a few predetermined messages, with
electrical controllers switching between those messages.
This lamp tcchnology initially evolved into standardized
sign cabinets that presented time and temperature
displays. The units accomplished copy changes through
electromechanical means, using motor-driven banks of
cam-operated contacts. Time and temperature units,
developed in the 1950s and '60s, were a major technical
innovation in electronic signs, however, duc to radio
intcrference and vibration problems, a full range of copy
changes was still impossiblc.
By the mid-1970s, energy consumption had become a
concern, and manufacturcrs bcgan to focus their rcsearch
on the development of energy efficient products.
Incandesccnt bulb units were equipped with electric cyes
(light scnsors) that regulated dimming at night. Another
ncw product was dcvcloped, the electronic flip disc or
panel display, which uscd an clcctronically controlled
matrix of reflective dots or panels, actuated by
electromagnetic means, to form lettcrs and numbcrs.
These reflective surfaces wcrc illuminated by hidden
fluorescent lamps, and were very encrgy efficient. Their
limited rcadability and conspicuity, however, propelled
researchers onward in their efforts to develop functional
low energy products.
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Meanwhile, taking advantage of advances in electronics
technology, several companies developed and began
selling electronic variable message signs, known as
electronic message ccnters (EMCs). Eventually these
efforts came to fruition, and solid state electronics
technology enabled the creation of a sign that was
durable, reliable, effectivc, and versatile, allowing copy
changes beyond time and temperature display. Electric
change panels had becomc electronic change panels;
mechanical controls had become computer controls; and
light sources grew increasingly sophisticated.
Manufacturers have continued to focus on improving
the light source of their displays, with the goal of
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Like electronic message centers, mechanical variable message signs provide for easy flexibility in communication.
Their messages can be timely and relevant, conveying announcements of sales or community events, or expressing
opinions, words of wisdom, or humorous sayings. The provide the business owner with a valuable communication tool
to reach the people most likely to patronize the business - those passing the site in a vehicle.
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All sign faces can be changed, with varying degrees of difficulty. Even the so-called neon sign is a form of copy
change, as its face can be designed to appear quite different in the daytime than at night.
reducing energy consumption and increasing the length
of the life of the light source. Today, variable message
signs can display high quality images in full color with
excellent energy etTicieney, as can be predominately
witnessed in many coliseum and stadium complexes.
The signs utilize computers and electronic circuit boards
to accomplish switching of incandescent bulbs, low-
voltage bulbs, light emitting diodes, or small CRT tubes
(video screens), enabling the display of an unlimited
number of messages, with the computer controlling the
timing between each message. Electronic circuits also
control the brightness of the display, allowing a full range
of dimming to match ambient light conditions, thus
assuring continued readability.
Electronic message center signs range from small panel
noti fieation systems to huge scoreboards or
entertainment installations, such as those seen in Las
Vegas, Nevada. Much of this has become possible
through the use of computers, both in the manufacturing
of the products and in the systems' operations. The
sophisticated hardware that is now available makes
maximum readability possible for the viewer. New signs
offer minimal energy use simultaneously with nearly
magazine quality images. These displays are now able
to display longer messages with full control of timing,
so the complete message can be easily read by passing
motorists. The message can easily be programmed to
change days, weeks, or even months in advance, or on
Variable message signs are used by businesses that want the flexibility to control and change their own message to
meet their needs and the needs of their customers.
. Large corporations have used such devices for years, in forums ranging from sports stadiums to Times
Square. They like the ability to advertise their products in a dynamic format in which they can change their
messages frequently and easily.
. State highway departments have also realized the value of electronic message centers, and are increasingly
using them to inform and direct traffic in large metropolitan areas, where government studies have
demonstrated their value in casing traffic congestion and increasing traffic safety. Large-scale urban studies
arc currently being done to expand message center use in this area, with other "intelligent" components, to
create integrated intelligent transportation systems. Under the Manual on Uniform Traffic Control Devices
(MUTCD), they are used for regulatory, warning, and guidance purposes related to traffic control.
. Banks have for years used the familiar time and temperature units.
. National chains, such as Walgreens, incorporate an EMC in almost every free-standing sign installed at
their new store locations.
. Small businesses arc quickly realizing the advertising power of these dynamic visual communication devices
as most people in a community look at the signs frequently. Although EMCs have been quite expensive in
the past, often costing around $30,000 or more for a small, simple unit, recent technological breakthroughs
have drastically reduced production and operating costs, bringing them within an affordable range:
. Entertainment establishments, restaurants, casinos, and theme parks use EMCs extensively to create a
district or zone effect.
3
the spot, to suit the demographics of the people passing
by throughout the day or week. This allows the business
owner to advertise specials, display public service
information, or provide other items of public interest in
a manner that can be quickly and casily read by those
passing at any given time. Consequently, the
effectiveness of an electronic message center is not
limited by the space or surface area constraints that
hamper business communication on
reader boards.
Most Common Types
The industry is constantly improving eXlstmg
techno logics and devising new technologies. As mcssage
center technologies have dcveloped, several display
types have become prominent. Thesc displays may
present a few lines of copy, or can fill the whole sign
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''A prior restraint exists when speech is conditioned
upon the prior approval of public officials. ... The
ordinance requires engaging the [permit] process
whenever there is a proposed 'changing of the
message' on a sign. Requiring official permission to
change a sign's message is disturbingly suggestive of
authority to sanction the message itself /I
King Enterprises, Inc., et al v. Thomas Township
215 F.Supp 2d. 891 (E.D. Mich, 2002)
The sophistication of electronic
message signs is truly amazing and
electronic sign technology is
continuing to advance al a
breathtaking pacc. This rapidly
developing technology and a
corresponding fall in technology cost
has made it possible for even a small
business to produce high-impact
changeable copy video/graphic
displays. It has also led to regulatory
conflicts, most otten due to outdated
codes, a stark misunderstanding of
the purpose of on-premise signage,
and false assumptions about traffic
safety. Because the regulatory reaction has frequently
focused on the electronic message center, the balance of
this Signline will focus on these particular signs.
However, the principles addresscd apply equally to all
forms of changeable copy signs.
face with pictures and/or information. The newest
technology provides everything from monochrome
(single color) to full color, as well as full action to
produce television quality pictures and copy. Typically,
computers control the signs, switching arrays of light
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Time and temperature displays have become common tools used by banks and lending institutions seeking to brand
their sites and become landmarks in their communities.
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Electronic message center displays
are commonly used in sports arenas
and other public facilities because of
their versatility, exceptional visibility
in virtually all weather conditions,
advertising versatility, and attractive
and crowd-pleasing visual quality.
sources to produce images and text. These light sources
may include:
. Light Emitting Diode (LED) - This type ofEMC
has a matrix of LEOs. LED electronic sign
displays provide good resolution, are energy-
efficient, and are long-lasting. LED technology,
first devcloped in the 1990s, has continued to
improve, increasing light output and reducing
LED degradation, thus extending the life of the
LED I ight source.
. Incandescent lamps - This type of EMC uses a
matrix of incandescent bulbs. Its messages can
easily be seen and read across a wide viewing
range and often for a long distance. Multicolored
displays can be created by clustering several
different colored bulbs together to create pixels,
which are then mounted on panels. Incandescent
lamp scrccns are bright and suitable for operation
in direct sunlight.
. Wedge-based low voltage lamp - This type of
message center consists of small diameter light
bulbs with a wedge-shaped base inserted into
parabolic reflectors similar to those found in an
automobile taillight. Several bulbs may then be
covered with different colored lenses and
arranged into pixels. The result is a very bright
display that works well in direct sunlight. Like
most lamp displays, it offers a wide viewing
range.
. Fluorescent Discs - Also known as "flip disc"
or "split flap," this technology uses
electromagnets to mechanically turn or "flip"
discs mounted on pivots in a specific sequcnce
to reveal the reflective material, forming letters
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or numbers. Depending on ambient lighting, the
signs can take advantage of sunlight or hidden
fluorescent light bulbs to illuminate reflective
material on each disc, or pixel.
. Cathode Ray Tubes (CRTs) - These signs are
virtual television screens, with CRTs mounted
in arrays. They are utilized in very large, expensive
mcssage centers to produce full color images, and
are commonly featured in sports arenas.
Traffic Safety
Electronic message centers are not a distraction to
drivers; in fact, it is quite the contrary. Their exceptional
readability and conspicuity means that EMCs actually
increase driver safety. The federal government
recognizes the superior communication value of EMCs
and uses electronic information panels on many freeways
to warn drivers of possible hazards. Its use of portable
electronic warning signs at construction or accident sites
is also increasing. Airports and state highway
departments are also developing expertise in positioning
and sizing of these signs to enable the driver to read,
react and move through traffic with optimum safcty. The
federal governmcnt and other reviewcrs, after conducting
numerous studies, analyzing court cases, and reviewing
the available literaturc, have concluded that signs and
electronic message centers, ifused properly, are traffic
safety enhancement devices.
Variable message signs, whose content can be changed
or altered on a fixed display surface, are recognized by
the federal government as different from the regulated
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animated signage, which mimic movement or have high-
intensity !lashing lights in order to gain the viewer's
attcntion.
The 1958 Federal-Aid Highway Act established fcderal
controls for signs illuminated by !lashing, moving or
intermittent light. The 1965 Fcderal-Aid Highway Act
did not contain any reference to lighting controls.
Federal/State agreements were entered into with all
States, however, referencing lighting rcstrictions on signs
in commercial or industrial areas, based on customary
usage.
Initially, fedcral rules and regulations restricted the use
of electronic message ccnters on thc primary and
interstate highway system to displays of timc,
temperature, and "public service mcssages." The
restriction no longer stands, as it is an obvious instance
of content control.
Over time, as the technology advanced, the federal
government began to research the signs and their impacts
on traffic safety. The newer signs allowed for changing
messages, and some of these newer signs had been
constructed along the highway in certain areas exempt
from federal controls. The research showed that neither
!lashing, animation, nor copy change had impacted traffic
safety.
In 1978, the Surface Transportation Assistancc Act
amended the highway beautification law to allow on-
premise electronic message centers along the Interstate
and Federal Aid Primary road systems, subject to
individual state law, so long as the messages were
sequenced on and off in a manner that did not constitute
"!lashing." Congress refrained from setting a time limit
on the sequencing of the messages, instcad opting for a
"reasonable interval" standard.
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While the definition of "reasonable interval" is not clear
it is evident that any control of copy change time interval
must be exercised with caution to avoid those time limits
becoming de facto content control. This is a likely risk
as the copy change time interval necessary for etfective
communications is dependent in part on the physical
characteristics of each mcssagc center. A multiple line,
text only messagc ccnter is normally likely to display a
complete mcssage. In that case, the time interval between
copy changes can be several seconds. A short, single
line message center operated by a small business may
only be able to display a single word at a time. The
copy must, therefore, change at a faster rate that enables
comfortable reading of the message or the busincss is
unable to communicate.
The necessary sequence for a message is also dependant
on the content of the message, the speed of the traffic,
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State highway departments have realized the value of electronic message centers, and are increasingly using them to
inform and direct traffic in large metroplitan areas, where government studies have demonstrated their value in easing
traffic congestion and increasing traffic safety.
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visibility conditions, and, not least of all, demographics
of thc audience. As the profile on the street changes,
the content of the message displayed also can change.
When message content on an electronic message center
is unduly limited by sequencing restrictions, it interferes
with the sign user's ability to effectively communicate
with the identifiable demographic on the street at a
particular time of day.
In 1980, following the 1978 amendment, thc Federal
Highway Administration commissioned researchers
Ross Netherton and Jerry Wachtel to undertake one more
study of variable electronic messaging. The researchers
set out to prove electronic variable message signs were
unsafe. They concluded, however, that no credible
statistical evidence existed to support the assumption that
electronic or variable message centers negatively
impacted road safety.
Their report also said that roadside signs provided a
stimulus that helped maintain driver alertness, and
increased safety by combating "highway hypnosis."
During the subsequent 22 years, no research has emerged
that contradicts the 1980 finding.
Several states have conducted studies on the safety of
roadside signs, including EMCs, and none have found
an increase in traffic accidents - and in some cases have
found a significant decrease in accidents - related to the
signs. Furthermore, nine leading insurance companies
were surveyed, and all indicated that they had never
received an accident claim involving an advertising sign.
Richard Schwab, former Federal Highway
Administration program manager for research on
highway visibility and night driving safety and Fellow
of the Illuminating Engineering Society of North
America, conducted an extensive study that concluded
EMCs could not be linked to traffic accidents or to any
reduction in traffic safety.
In 1996, the Kentucky Supreme Court struck down a
state statute that prohibited signs near highways if they
contained or included "flashing, moving or intermittent
lights except those displaying time, date, temperature or
weather ...." See Flying J. Travel Plaza v.
Commonwealth, 928 SW 2d 344 (Ky.1996). The court
said the state had failed to demonstrate that a legitimate
government interest was advanced by the prohibition,
,0
Businesses often sclect their advertising medium, and messages, based upon the cost per thousand exposures of
their message to the public. On this basis, no other form of advertising comes close to matching the efficiency and
cost-effectiveness, dollar for dollar, of an electronic message display. Compare the figures below:
. Newspaper advertising - the cost on average is about $7.39 for 1000 exposures within a 10-mile radius of
the business location.
. Television advertising - The cost on average is approximately $6.26 per 1000 exposures.
. Radio advertising - The cost is about $5.47 per 1000 exposures.
. New LED electronic message center display - The cost is less than $0.15 per 1000 exposures. How?
Assume, for example, that you spend $30,000.00 on this type of system, and that its usetilllife is about ten
years. The amortized daily cost of the message center would equal about $8.22. Add to this the daily cost
of electricity for this new LED unit (approximately $0.20), thus giving your business a daily message
center expense total of $8.42. With a daily traffic count of 20,000 vehicles passing your business, you
would have a cost of less than $0.43 per thousand exposures (counting drivers only)!
Best of all, with a changeable copy sign, a business does not have to worry about missing its target audience,
becoming "yesterday's news," or facing expensive production costs for changing its message, as happens frequently
with the other forms of advertising mentioned.
With a changeable copy sign:
. The business owns the form of advertising.
. The advertising works for the business 24 hours a day, 365 days a year, with minimal cost.
. The sign acts as the "salesman on the street" attracting customers into the business.
. The advertising speaks directly to the potential customers as they drive past the business location.
. The EMC can display information pertaining specifically to products available on thc premises.
. The EMC makes the business a landmark in its community.
. The business can select its own market and direct its message to that market at any given time.
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and said no evidence supported the notion that so limiting
the content on the display had "anything to do with
highway safety or aesthetics."
It is a testament to the safety of EMCs that, since 1979,
the Federal Highway Administration has not seen any
need to revise its reeognition of the legality of on-premise
commercial variable electronic message signage.
Electronic message centers -like other types of sign age
- when properly designed, placed, maintained. and
illuminated can actually promote greater traffic safety.
Regulations that are overly specific or restrictive could
have the unintended consequence of creating a traffic
hazard as well as limiting technological advances that
might offer greater energy-efficicncy and communication
advantages.
EMCs that cmploy copy change display mcthods in
which each changc in the display of lights results in the
appearance of a new word, words, or graphic, is
employing a "copy change." It is not "flashing" or
"animation." As long as the messages are scqucnced on
and off, traffic safety does not pose a Icgitimate reason
to interfere with the copy. Decause thesc signs come in
many sizes and varieties, a one-size-fits-all sequencing
standard could inadvertently contribute negativcly to
tramc safety by preventing a full "rcad" ofthc message
within a safe period of time. Furthermore, requiring
lengthy sequencing of message changes may well fall
outside permissible legal constraints, essentially
constituting censorship of the intended message.
Legal Protections for Copy
Change
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The subject of copy and face changes on signs, and
exactly how much control regulators should have over
it, is riddled with complexities. At this time, due to
Federal Highway regulations, flashing, scintillating, or
chasing - all of which a quality message unit can do -
may be regulated along the fedcral highway system.
What bcnefit is gained by limiting this technology is
basically unknown. The federal law was written decades
ago without the benefit of technical substantiation.
Federal courts have been clear in restricting sign codcs
to content-neutral regulatiuns of time, place and manner
of display, but what about copy and face changes?
Several cases have bearing on the issue.
In Kevin Gray-East Coast Alita Body v. Village ofNyack,
566 NYS.2d (NY App. Div. 1991), a local business
changed hands and the new owner wanted to reflect this
with a new name for the business; a village ordinance
deemed this a change of copy sumcient to require the
nonconforming sign to conform before the copy change
would be allowed. The Court, however, found that the
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While the variable message sign is a very useful tool for businesses and public facilities, advances in technology have
resulted in the development of the electronic message center, which often offers a more aesthetically pleasing appear-
ance, as well as greater ease in making copy changes.
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Technological advances have resulted in spectacular electronic displays, such as this computer-controlled video dis-
play in Las Vegas. The sophisticated hardware now available makes messages extremely readable, with minimal
energy use, on displays of virtually any size.
sign could rcmain in place and that the new owner could
change the copy on it, holding: "Generally,... such
truthful commercial speech may not be prohibited on
the basis of its content alone." This case casts doubt on
any regulation that prohibits changing the copy of a
nonconfonning sign.
. Rogers v. Zoning Bd. Of Adjustment of the
Village of Ridge wood, 309 N.J. Super. 630, 707
A.2d 1090 (App.Div. 1998), aff'd, 158 N.J. 1 I,
726 A.2d 258 (N.J. 1999). The Court held that
a change of sign to indicate a new owner of a
legal nonconforming building does not cause the
sign to lose its protected status.
Several other cases support a sign owner's right to change
the face or copy of a sign without interference by a
governing body:
. Ray:,. Stateline Market, Inc. v. Town of Pelham,
140N.H. 139, 665 A.2d 1068(1995). The Court
ruled that replacing the plastic face panels of
two on-premise signs with face panels
advertising a new tenant doughnut franchise
would not result in an impermissible change or
extension of the store's legal nonconforming use,
as lettering or copy changes to the existing signs
would not affect the signs' dimensions.
. Budget Inn of Daphne, Inc. v. City of Daphne,
2000 WL 184245 (Ala). The Court struck down
as unconstitutional a provision similar to that in
the Village of Nyack case, based on a First
Amendment analysis and the substantive due
process clause of the 14'" Amendment.
. Motel 6 Operating LId. Partnership v. City of
Flagstaff, 195 AZ 569, 991 P.2d 272 (1999). The
Court ruled that the owners' proposed sign face
changes were reasonable alterations to their legal
nonconforming signs and, therefore, would not
trigger a duty to bring the sign into confomlance.
. c.P. Royal Food Systems, Inc. v. Missouri
Highway and Transp. Com 'n, 876 S.w. 2d 38
(Mo.App. 1994). The Court held that an
advertising message on a sign which falls within
the nonconforming use exemption under the
state Billboard Act can be changed to reflect a
change in ownership without rendering the
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Changeable copy signs come in many forms, from those in which entire panels can be removed and replaced, to those
with individual letters and numbers placed by hand, to those changed electronically. Their exceptional communicative
abilities are highly valuable to businesses seeking to present a variety of timely information to the passing public.
~VROln\
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t CORMIER )
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1 [HEVROlET \
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Several legal issues are disclIssed throughollt [SA:'1 Signline series. Signline;s offeredfor educational and informational purposes only and
nol to be cons/rued as giving legal advice to any uset: Competent legal advice/advisors should be sought after and obtained by the Ilser.
Sign/ine is a public sen'icc publication of:
I.A
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INTERNATIONAL SIGN ASSOCIATION
707 N. SI. Asaph Street, Alexandria, VA 22314-1911
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