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HomeMy WebLinkAbout42-Planning CITY OF SAN BERN&J\DINO - REQUEST FOt COUNCIL ACTION FO Dept: Larry E. Reed, Director Subject: Appeal of a Condition of Approval for Sign Permit No. 90-141 Planning and Building Services Daw: September 19, 1990 Mayor and Council Meeting of October 1, 1990 Synopsis of Previous Council action: On August 21, 1990, the Planning Commission unanimously approved Sign Permit No. 90-141. No previous Council Action. , .,'..') . , r~' ,; , 'I Recommended motion: o 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. ~I~~/ Larry E. Reed Conwct person: Larrv E. Reed Phone: 384-5357 Supporting data attached: Staff Report Ward: 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct, DescriPtion) Finance: Oil Notes: ..<:. n')!C:? Am:anri;:l Itpm Nn 4.:L lJ CITY OF SAN BERNA())INO - REQUEST FCO COUNCIL ACTION o o o 75-0264 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. o o o Appeal of Conditio~of Approval of Sign permONo. 90-141 Mayor and Council ~ting of October 1, 1990 Page 2 Based on the city's Municipal Code, Section's 19.060.140(B) and 19.60.150(0) 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: Letter of Appeal to August 21, 1990, Staff Report the Mayor and Council Planning Commission A - B - M&CCAGENDA: SP90-125APPEAL ...~,..,.., ,,- j' o Attachment "A" o -.=1 RECEIV~C'-~ll v CLER~ STATE WIDE INVESTORS INC~ SEP -5 AlO:07 August 28, 1990 City of San Bernardino City Clerk 300 North "D" Street San Bernardino, CA 92408 fii) rn ~ ~ ~ w. [t [ID~ lJl] 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 BERNARDINO DE~AIITMENT OF PLANNi..:; , SUILOING SEilVIC~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 4:) 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. overy Yours, ick tive Vice President AVE. / CYPRESS. CA 90630-5207 / UC. NO. 253174 / 714-220-3360/ FAX (714) 220-3377 Attachment "B" CITY OF SA.~ QERNARDINO - -,Q:MORANDUM To Object From Larry E. led, Director Planning and &1ild.i.n; SEviOE August 21, 1990 Planninq Ccmnission A(:proval of Sign Permit No. 90-141 for Review of Plans No. 85-125 Date Approved Date o ITEM NO. 3 APPLICANT: R B Industries 8518 HubbIes Lane Santee, CA 92071 OWNER: State Wide Investors, Inc. 6415 Katel1a Avenue Cypress, Ca 90630-5207 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 irregularly- 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 Irvington 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 the California Environmental Quality Act for structures of on-premise signs. 11 (A) of accessory o PRIDE.J' JJ~~' IN PR:OGl:1:SS ~~ir-f City of San Berna~no c:> Planning Commission Meeting, August 21, 1990 Page2 o BACKGROUND The 300 unit apartment complex subject property was previously approved under Review of Plans No. 84-30, Amendment No. 1 DY the Development Review Committee (DRC) on April 26, 1984. The project received an extension of 60 days on the July 3, 1985 Dut expired in SeptemDer. The applica- tion filed a subsequent Review of Plans No. 85-125 on NovemDer 18, 1985 which was approved on DecemDer 5, 1985 DY the DRC. On NovemDer 20, 1986, Duilding permits were filed on the first 36 units of Phase I of the project. To date, 3 phases of the project have Deen completed and the 4th phase is under construction. o 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 cOmDination 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 De 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 DY 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 Durqundy with a mountain logo and line Dorder in green with a white background (see, Attachment C). CONCLUSION Based on the City'S Municipal Code Section's 19.060.140 (B) 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 Dlend well into the existing apartment complex and De compatible with and non-detrimental to sur- rounding properties and their land uses. o - n .- 0 City or San Berna~ino Planning Commission Meeting, Auqust 21, 1990 Page3 o RECOMMENDATION Staff recommends that the Planning Commission: 1. Approve Sign Permit No. 90-141. Respectfully submitted, ~~).~k/ Larry if'Reed, Director Planning and Building Services -,;z e..G.~ Paul G. Scroggs Assistant Planner Attachments: A-Municipal Code and General Plan Conformance B-Proposed Sign Location C-Proposed Siqn D-Location Map o LER/das pcaqenda:sp90-l4l o o o o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT OBSERVATIONS CASE Sian Pennit No. 90-141 for Review of Plans No. B5-125 AGENDA ITEM 3 HEARING DATE AuQust 21, 1990 PAGE 4 ~ .... ATl'1\CHMENl' "A" ~IlNICIPAL CXDE AND GENERAL PIlIN ~ Category Prooosal foblicipal COde General Plan . Pennitted Use Identification Yes, subject to Sign Planning Oc:.mnission N/A approval lminun Number 1, detached l, detached N/A. Allowed Maxinun Height 4 feet 6 feet N/A 0 (Top of Sign) Maxinun Size 7. BB square B square N/A Square Feet feet feet Street 7 feet to 5foat Proximity property line miniIIun fran N/A 17 feet to property line curb line o .. c:.& I: ...l --1 I'UIIOUI _ I ClF I _ o , . CITY OF SA~ iERNARDINO PLAN~I DEPARTMENT CASE~-.t!j.!lG AGENDA ITEM HEARING DATE - - 0 "'AGE CONDITIONS o o The landscape and irrigation plans shall comply wi~h 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 ...... j . . . 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III.~ i ,IIi i,.,.:,n! , I :\1..,' I TI'i.'{ , /. I I ~ I ~ fill irl ill .> I:aB~ES OIllIIllINAI. CONcePT __ . _1. HU..LB8 LANE BANTaII, c:A 8111071 (.18] _1Ioo383Q FAX_B-'711114 TIta. ....... .. .... . . I. - - ..~.... ........... .... ----- "~I"." -......... ... ... --.............. ~ ........ J "... --- - fl.. ~1*J! -1'1: -- \/IA.c.. - -.. . ' ' - 0 ATTPOJr.IE1IT "D" -0 o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE Sicm Pennit No 90-141 LOCA TION for Review of Plans 85-125 HEARING DATE AGENDA ITEM' 3 lo.. I:ollt 1:1 - "LAN-I.1 , 'AGE 1 OF I ...,