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..CITY OF SAN BERICRDINO - REQUEST ~R COUNCIL ACTION
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From: Larry E. Reed, Director
Subject:
Appeal of a Condition of Approval
for Sign Permit No. 90-141
Dept: Planning and Building Services
Dau: September 19, 1990
Mayor and Council Meeting of
October 1, 1990
Synopsis of Previous Council ection:
On August 21, 1990, the Planning Commission unanimously approved Sign
Permit No. 90-141.
No previous Council Action.
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Recommended motion:
That the Mayor and Council deny the appeal and approve Sign Permit
No. 90-141 as conditioned by the Planning Commission on August 21, 1990.
~,~/
Larry E. Reed
Contact person: Larrv E. Reed
Phone:
384-5357
Supporting dau atUched: Staff Report
Ward:
5
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.!
(Acct. OescriDtionl
Finance:
Council Notes:
75.0262
AQenda Item No.
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-CITY OF SAN BERN()RDINO - REQUEST lOR COUNCIL ACTION
STAFF REPORT
Subject: Appeal of Conditions of Approval of Sign Permit No.
90-141, for Review of Plans No. 85-125, to allow
the erection of an entrance sign identifying its
existing 300-unit apartment complex.
Mayor and Council Meeting of October 1, 1990, 2:00
p.m.
REOUEST
The applicant, State Wide Investors, Incorporated, is appeal-
ing that Standard Condition of Approval that pertains to the
applicant's obligation to cooperate fully with, and, defend,
indemnify and hold harmless the City of San Bernardino, its
officers, agents and employees in the event of any legal
challenge and/or action against the City in regards to its
approval of Sign Permit No. 90-141. The applicant also
rejects the conditional obligation to reimburse the City of
any court and/or attorney's fees that may incur as a result
of such an action.
The applicant requests that the Mayor and Council dismiss
this above referenced Condition of Approval, but agrees to
modify its sign to conform with existing or changes to the
sign ordinance criteria as it pertains to "project entry"
identification signs (see Exhibit "A").
BACKGROUND
Sign Permit No. 90-141, to allow the erection of an entrance
identification sign for a previously approved 300-unit
apartment complex (Review of Plan No. 85-125, approved by the
Development Review Committee on December 5, 1985), was
conditionally approved by the Planning Commission on August
21, 1990.
The requested apartment complex identification sign will be
affixed to a perimeter wall located at the northern Palm
Avenue entrance to the Verde Mont Villas site (see Exhibit
B). The sign will be constructed of redwood with 1/4 inch
raised and painted lettering, non-illuminated and will be 1.6
feet (18 inches) high by 5.25 feet (63 inches) long, compris-
ing a total of 7.88 square feet (1,134 square inches) in
size.
75-0264
Appea1 of Condit~s of Approva1 of Sign pe~t No. 90-141
Mayor and counci~eeting of October 1, 1990
Page 2
Based on the City's Municipa1 Code, Section's 19.060.140(B)
and 19.60.150(D) on identification signs for similar residen-
tial apartment complexes, the proposed entrance sign meets
the standards for height, size and location proximity to
street property lines. The proposed sign's materials, color
schemes and non-illumination will blend well into the exist-
ing apartment complex, and will be compatible and non-
detrimental to surrounding properties and their land uses.
The applicant submitted a formal Letter of Appeal to the
Mayor and Common Council along with the appropriate fees to
the City Clerk that was received on September 5, 1990, within
the allowable 15-day appeal period of the Planning Commission
approval on August 21, 1990.
The City's liability waiver, which the applicant is appeal-
ing, is a standard Condition of Approval that is included in
every project or proposal that the Planning Commission
approves in the event that any project or proposal is ever
legally challenged or results in a court action (See Standard
Condition on Page 5 of Exhibit "B").
OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL
The Mayor and Council may deny or uphold the appeal of the
Condition of Approval and may deny or approve Sign Permit No.
90-141.
RECOMMENDATION
Staff and the city Attorney's Office are opposed to the
applicant's request for deleting the City'S liability waiver
Standard Condition of Approval, which protects the City from
any potential legal or court challenge and covers the expens-
es that might occur from any such action. To uphold this
appeal will leave the City unprotected and potentially liable
in any future action or legal challenge regarding this
specific sign permit, and, possibly in other similar
proposals that could use this case decision as a precedent.
Prepared by:
Paul Scroggs, Assistant Planner
for Larry E. Reed, Director of Planning and
Building Services
Exhibit:
A -
B -
Letter of Appeal to
August 21, 1990,
Staff Report
the Mayor and Council
Planning Commission
M&CCAGENDA:
SP90-125APPEAL
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Attachment "Aft
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RECEIV!:!)-~IlY CLERfi
STATE WIDE INVESTORS INC~ SEP -? A10:07
August 28, 1990
City of San Bernardino
City Clerk
300 North -D- Street
San Bernardino, CA 92408
[Ii) rn ~ ~ ~ w. ~ [ID~
LnJ SEP 0 6 1990
RE: APPEAL TO MAYOR AND COMMON COUNCIL
Planning Department Sign Permit Approval
Case No. 90-141 on August 21, 1990
CITY OF S~.N BERNAROINO
OE~AIITMENT OF PLANNit.:; 10.
SUILllING SEllVIC!S
To Whom it May Concern:
This letter is intended to respectfully request an appeal of the
Planning Department's conditional approval of the referenced Sign
Permit Application Case No. 90-141.
The appeal is requested on the basis that:
The applicant has submitted a project entry identification sign
which is consistent in size, dimensions, height and location, and
conforms with the sign ordinance criteria as referenced-rn
Chapter 19.60 of the Municipal Code, as shown in Attachment A.
The applicant rejects any approval condition which obligates the
applicant to cooperate with the City to defend, indemnify, and
hold harmless the City, its officers, agents and employees from
any claim, action, or proceeding against the City of San
Bernardino, in the event the City of San Bernardino is legally
challenged. The applicant further rejects any condition
obligating the applicant to reimburse the City of any costs and
attorney's fees which the City may be required by a court to pay
as result of such action.
The applicant, however, is agreeable to modify the sign to
conform with any modification of the sign ordinance criteria, in
the event the City of San Bernardino fails in the defense of any
legal challenge to San Bernardino Municipal Code Section
19.60.140(B) as it pertains -to project entry- identification
signs.
If you have any questions regarding this letter, please do not
hesitate to contact me at (714) 220-3360. I await your earliest
response.
Thank you in advance.
Very
tive Vice President
AVE. / CYPRESS. CA 90630.5207 / Uc. NO. 253174 / 714-220.3360 / FAX (714) 220.3377
CITY OF SA.-C)sERNcARD"~O - ""QnEMORANDUM
To Planninq O:mni.ssion
Subject Afproval of Sign PeJ:mi.t No. 90-141
for Review of Plans No. 85-125
From
Larry E. Reed, Dimct:or
PIllJll1i.ng and Building Service
August 21, 1990
Date
Approved
Date
ITEM NO. 3
APPLICANT:
R B Industries
8518 HubbIes Lane
Santee, CA 92071
State Wide Investors, Inc.
6415 Katella Avenue
Cypress, Ca 90630-5207
OWNER:
REOUEST
The applicant requests approval under San Bernardino
Municipal Code Section 19.60.140 (B) to allow the erection of
an entrance sign to identify its existing 300 unit apartment
complex.
LOCATION AND LAND USE
The apartment complex property is located on an irreqularly-
shaped 20.42 acre site with a frontage of 550 feet on the
east side of Palm Avenue and approximately 630 feet south of
the centerline of Irvinqton Avenue. The subject property is
located in the RL, Residential Low, General Plan land use
designation (see, ,Attachment D).
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The entrance sign, as proposed, is consistent in size,
dimensions, height and location and conforms with Chapter
19.60 of the Municipal Code as shown in "Attachment A".
CALIFORNIA ENVIRONMENTAL OUALITY ACT STATUS
The sign request is categorically exempt per Class 11 (A) of
the California Environmental Quality Act for accessory
structures of on-pr_ise signs.
PRIDE ..t
~,1~' IN PR:>GqESS
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City o~ San Bern~inO lC)
Planning Commission Meeting, August 21, 1990
Page2
BACKGROUND
The 300 unit apartment complex subject property was
previously approved under Review of Plans No. 84-30,
Amendment No. 1 by the Development Review Committee (DRC) on
April 26, 1984. The project received an extension of 60 days
on the July 3, 1985 but expired in September. The applica-
tion filed a subsequent Review of Plans No. 85-125 on
November 18, 1985 which was approved on December 5, 1985 by
the DRC. On November 20, 1986, building permits were filed
on the first 36 units of Phase I of the project. To date, 3
phases of the project have been completed and the 4th phase
is under construction.
The sign permit application was applied for on August 1,
1990 and is subject to Planning Commission approval.
ANALYSIS
The requested apartment complex identification sign will be
affixed to a combination 6 foot high brickcrete and wrought
iron perimeter wall located at the northern Palm Avenue
entrance to the Verde Mont Villas site. At this point, the
perimeter wall curves inward paralleling the driveway
entrance approach and is set back within a landscaped planter
area. The nearest point of the proposed sign to the street
will be approximately 7 feet from the front property line and
17 feet form the curb and gutter (see, Attachment B).
The proposed sign will be 1.6 feet (18 inches) high by 5.25
feet (63 inches) long comprising a total of 7.88 square feet
(1134 square inChes). It will consist of 2 inch thick
sandblasted redwood with approximately 1/4 inch raised and
painted relief lettering. The text will read Verde Mont
Villas in burqundy with a mountain logo and line border in
green with a white background (see, Attachment C).
CONCLUS:rON
Based on the City's Municipal Code Section's 19.060.140 (8)
and 19.60.150 (D) on identification signs for similar
residential apartment complexes, the proposed entrance sign
meets the standards for height, size and proximity to street
property lines.
The sign's proposed wood materials, color schemes and non-
illumination will blend well into the existing apartment
complex and be compatible with and non-detrimental to sur-
rounding properties and their land uses.
,
City of San Be~dino 1:)
Planning Commission Meeting, August 21, 1990
Page3
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Approve Sign Permit No. 90-141.
Respectfully submitted,
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Larry i~Reed, Director
Planning and Building Services
~fLG.~
Paul G. Scroggs
Assistant Planner
Attachments:
A-Municipal Code and General Plan
Conformance
B-Proposed Sign Location
C-Proposed Sign
D-Location Map
LERjdas
pcagenda:sp90-141
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OBSERVATIONS
CASE Sian Pel:mit No. 90-141 for
Review of Plan.... No. 85-125
AGENDA ITEM ~
HEARING DATE AuQust 2 , 1990
PAGE 4
~
,
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
.....
ATl2\CIlMENT "A"
KmCIPAL ODE AND GEm:RAL PIJ\N.~
Cat:eqoxy Proposal !olmi.c:ipal Code General Plan
Pennitted Use Identification Yes, subject to
Sign Planning O:mni.ssion N/A
approval
Maxinun
Number 1, detached 1, detached N/A.
Allowed
Maxinun
Height 4 feet 6 feet N/A
(Top of Sign)
Maxinun Size 7.88 square 8 square N/A
Square Feet feet feet
Street 7 . feet to 5 foot
Proximity property line mininun fran N/A
17 feet to property line
cum line
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CITY OF
SAP BERNARDINO PLAN~'NG DEPARTMENT
CASE~:I!j~&
AGENDA ITEM
HEARING DATE
PAG
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.
CONDITIONS
The landscape and irrigation plans shall comply with
the "Procedure and Policy for Landscape and
Irrigation" (available from the Parks Department).
Subject to the Conditions of the Department of Parks and
Recreation (attached).
Trees, shrubs and groundcover of a type and quality generally
consistent or compatible with that characterizing single-
family homes shall be provided in the front yard and that
portion of th side yards which are visible from the street.
All landscaped areas must be provided with' an automatic
irrigation system adequate to insure their viability. The
landscape and irrigation plans shall be approved by the Parks
and Recreation Department.
At all times the business will be operated in a
does not produce obnoxious noise, vibration,
smoke, glare, or other nuisance.
manner which
odor, dust,
PCAGENDA:STNDCONDITIONS
10/19/89
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE Sian 1'eDni.t Ib 90-141
LOCATION for Review of Plans 85-125
HEARING DATE
,.. AGENDA
ITE....
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STATE WIDE INVESTORS INC.
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september 25, 1990
city of San Bernardino VIA CERTIFIED MAlL NO. P 461 209 901
City Clerk
Dept. of p1anninq and 8uilding Service.
300 North "D" Street
San Bernardino, CA 92418-0001
REI Appeal of Sign Permit No. 90-141
c
TO Whom it May Concern.
I am in receipt of John E. Montgomery's letter dated September
19, 1990, indicating that our appeal of SigD Permit Ro. 90-141 is
scheduled on the Mayor and Council Agenda for October 1, 1990.
This letter i. inten4ed to request a continuation of this appeal
to the October 15th Agenda.
It is my underatanding that receipt of this letter is
acknowledgement of our request and that the eontinuanoe shall be
granted with no written notice. In the event you need additional
information, plea.. do not hesitate to contact me at my office:
(714) 220-3360. Thank you in advance.
""";;if
Very
Greg S dick
Execu ive Vice pre.ident
GS/tao
CCI Shauna Edwins, city Manager
John Montgomery, Principal Planner
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6415 KATEUA AVE. / CYPRESS, CA 906S0-5207 / UC. NO. 253174 / 714-220-3560 / FAX (714) 22Q-!!77
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