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HomeMy WebLinkAbout40-Planning and Building CITY OF SAN BEIGARDINO - REQUES..oOR COUNCIL ACTION From: Al Boughey, DirectoJ: - -:' '-.. - . .~ Subject: Appeal of Planning Cqmmission denial of Variance No. 91-14 Dept: Planning and Building Services Mayor and Common Council t1eeting June 1, 1992 Date: Synopsis of Previous Council ection: On May 4, 1992, the Mayor and Common Council continued the appeal for 30 days for additional staff review and meeting with the applicant on landscaping upgrading issues. On April 6, 1992, the Mayor and Common Council approved the Variance appeal in concept and referred to staff for preparation of positive findings of fact and conditions of approval with landscaping improvement mitigations. On February 4, 1992, the Planning Commission denied Variance No. 91-14. Recommended motion: That the public hearing be closed and the appeal of Variance No. 91-14 be denied based on the Findings of Fact in the Planning Commission staff report dated February 4, 1992; or That the public hearing be closed and the appeal of Variance No. 91-14 be upheld, subject to the Findings of Fact (Attachment "A") and Conditions of Approval (Attachment "B"). Supporting data attached: Al Boughey Staff Report Phone: 384-5357 Contact person: Ward: 7 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.! (Acct. DescriDtion) Finance: Council Notes: ...o::ftO)#;." Agenda Item No 40 CtTY OF SAN BERtODINO - REQUEST ~ COUNCIL ACTION STAFF REPORT Subject: Appeal of Planning Commission's Denial of Variance No. 91-14 Kayor and Common council Keeting of June 1, 1992 REOUEST The applicant is appealing the denial of Variance No. 91-14 by the Planning commission on February 4, 1992. The applicant requests that the Kayor and Common council reconsider the matter and uphold the appeal and approve Variance No. 91-14. BACKGROUND Variance No. 91-14 is a request to allow a freeway identification sign for an existing service station with mini-market located 180 feet north of the 30 Freeway but without any direct freeway frontage and which exceeds the maximum allowable height and face area, as permitted in the CN, Commercial Neighborhood, General Plan land use designation and Freeway Corridor overlay Districts. The subject site is a .45 acre parcel located on the east side of Del Rosa Avenue approximately 180 feet north of the 30 Freeway and further identified as 2885 North Del Rosa Avenue. Following the the variance request denial by the planning commission on February 4, 1992, the applicant appealed the Variance to the Kayor and Common council (KCC) on April 6, 1992, who approved the request in concept, referring it back to staff for preparation of positive findings and conditions of approval, including landscape upgrade mitigations. On Kay 4, 1992 the KCC continued the item for an additional 30 days in order for the owner to have time to complete their required County flood control channel upgrades and meet with staff on the issues of the subject site's landscape restoration and additional plant screening provisions of the adjoining County flood control property. Findings of Fact to support approval of Variance No. 91-14 and Conditions of Approval are attached to this staff report (Exhibits "An and "B"). The conditions of Approval contain provision for the applicant to provide additional screening through the use of landscape materials. 7$.0264 o o Appeal of Variance No. 91-14 Mayor and Common Council Meeting of June 1, 1992 Page 2 OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL The Mayor and council (MCe) may deny the appeal and deny Variance No. 91-14 based on the Findings of Fact. Or the MCC may uphold the appeal and approve Variance No. 91-14 for which the staff has prepared positive Findings of Fact and Conditions of Approval (Exhibits "A" and "B"). RECOMMMENDATION Staff recommends that the Mayor and Common Council uphold the Planning commission denial of Variance No. 91-14. prepared by: Paul G. scroggs Assistant Planner for Al Boughey, Director Planning and Building Services Exhibits: A - Findings of Fact (Supports Approval) B - Conditions of Approval C - MCC Staff Report (dated March 19, 1992) Attachments: A - Letter of Appeal B - statement of Official PC Action C - Staff Report to PC (dated February 4, 1992) pgs VAR91-14 MCC/STFR2 CITY OF SAN BERNARDINO PLANNING. AND BUILDING SERVICES DEPARTMENT CASE VAR 91-14 FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE 6-1-92 3 ..... ~ FINDINGS OF FACT - 19.72.050 - VARIANCE 91-14 1. There are special circumstances applicable to the subject property, including topography, location and surroundings, that the strict application of this Development Code deprives such property of privileges enjoyed by other property in that the requested freeway identification sign is necessary for providing business visibility obscurred by the elevated freeway and existing, heavy tree landscaping that denies the applicant property privileges enjoyed by other commerical businesses with previously approved freeway signage within the vicinity and under similar land use designations: 2. The granting of the Variance is necessary for the preservation and enjoyment of a substantial right possessed by the other properties in the vicinity and CN, Commercial General land use district and denied to the subject property for which this Variance is sought in that the majority of developed surrounding commercial properties have existing freeway ident- ification signage of a size and height exceeding allowable maximums of current Development Code sign standards and exceeding the sign size and height presently requested by the applicant: 3. The granting of the Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located in that the CN, Commercial Neighborhood, General Plan land use designation allows for freeway identification signs if the parcel has direct freeway property frontage or as otherwise approved by the Planning Commission through a Variance request, as submitted by the applicant and due to the Subject property's close freeway proximity, being located within 180 feet of the 30 Freeway but without direct lot frontage: 4. The granting of this Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which the subject property is located in that surrounding areas are similarily designated CN, Commercial Neighborhood or CG-1, Commercial General that allow freeway signage with appropriate application submittals, review and approval, including several other service stations located in near proximity along Del Rosa Avenue with previously approved large freeway identification signage; .. Pl..AN-I.08 PAGE10Ft (4-10'1 ~~l~= o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR 91-14 FINDINGS OF FACT AGENDA ITEM HEARING DATE 6-1-92 PAGE 4 ,... FiNPrNGS OF FACT - 19.72.050 - VARiANCE NO. 91-14 CONTTNUED 5. The qrantinq of this Variance does not allow a use or activity which is not otherwise expressly authorized by the requlations qoverninq the subject parcel in that CN, Commercial Neiqhbor- hood land use desiqnations permit freeway identification siqns if the property has directly adjoininq frontaqe and meet City Development Code siqn standards or as otherwise permitted with an approved Variance request as submitted by the applicant, 6. The qrantinq of this Variance is consistent with the intent and qoals of the General Plan in that adequate business visibility is a recoqnized need for all commercial properties and the subject site's unique locational factors in relation to the elevated freeway and existinq heavy landscapinq that larqely obscures the service station property from freeway traffic is a loss of partial property priveleqes otherwise enjoyed by other nearby commercial stations with previously approved freeway identification siqnaqe. ~ ~ Pt.AN-8.D8 PAGE' OF , (4-00) CITY Cl' ... .....-0 CINlIIM..--. .L1..-.. o Exhibit "B" o VAR 91-14 CONDITIONS CASE AGENDA ITEM HEARING DATE PAGE .... CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ... =-=~.l b-1-9~ :> 1. r.nnstruction shall be in substantial conformance with the plant s' appro\-ed b,- the Director, De\'elopment Re\'iew Committee. Planning Commiseion or Mavor and Common Council, Minor modification to the planls) shall be subject to approval b,' the Director through a minor modification permit process, Anv modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refilinll of the orillinal application and a subsequent hearing b" the appropriate hearinll review authority if applicable. 1. On-site circulation and parkinll. loading and landscapina: 2. Placement and/or heieht of walls. fences and structures: 3. Reconfilluration of architectural features. including colors. and/or modification of finished materials that do not alter or compromise the previously approved theme: and. ... A reduction in densit\' or intensit,' of a development project. 2. ~ithin one year of development approval. commencement of construction shall have occurred or the permit/approval shall become null and void. In addition. if after commencement of construction. work is discontinued for a period of one Year. then the permit/approval shall become null and void, Projects maY be built in phases if preapproved bv the review authority. If a project is built in preapproved phases. each subsequent phase shall have one year from the pre,'ious phase's date of construction commencement to the next phase's date of construction co.mencement to have occurred or the permit/approval shall become null and void. Proj e c t ,_____.Yil.!j.il.!l.:~-~2.:-JJ=Jj------------------,- June 1, 1993 Expiration Date'__________________________________ ......... PME 1 OF 1 .... (..... o o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT VAR 91-14 CONDITIONS CASE AGENDA ITEM HEARING DATE 6-1-92 PAGE 6 ~ 3. The re\'iew authorit~' lIa", upon application beinr filed 30 days prior to the expiration date and for eood cause. erant one tille extension not to exceed 12 1I0nths, The review authority shall ensure that the project cOllplies with all current DeveloPllent Code provisions. 4. In the event that this approval is leeallv challenied. the City will prollptlv notify the applicant of any claill or action and ..ill cooperate fullY in the defense of the matter. Once notified. the applicant aerees to defend. indellnifY. and hold harmless the City. its officers. allents and ellployees froll any claill. action or proceedine aeainst the City of San Bernardino. The applicant further aerees to reillburse the City of any costs and attorneys' fees which the City lIay be required bv a court to pa" as a result of such action. but s~ch particiDation shall not rei ieve aDPI icant of his or her obliration under this condition. No vacant. re 1 oca ted. a I tered. reoa i red or hereafter erected structure shall be occupied or no change of use of land or structure<sl shall be inaueurated. or no ne.. business cOllmenced as authorized bv this permit until a Certificate of Occupancv has been issued bv the DeDartllent. A tellporary Certificate of Occupancy mav be issued hv the Department subject to the conditions illDosed on the use. provided that a deDosit is filed with the Department of Public Works prior to the issuance of the Certificate of Occupancy, The deDosit or security shall euarantee the faithful performance and cOllpletion of all terms. conditions and performance standards imposed on the intended use by this Derllit. ... Prior to the issuance of a Certi ficate of Occupancy. the landowner shall file a maintenance aereement or covenant and easement to enter and maintain. subject to the approval of the City Attornev. The aereement or covenant and easellent to enter and lIaintain shall ensure that if the landowner. or subsequent owner(s). fails to maintain the required/installed site illprovements. the City will be able to file an apDroDriate lien(s) against the property in order to accolIDlish the required lIaintenance. ~..", ~ PADE10Fl - l ......- - o r CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR 91-14 AGENDA ITEM HEARING DATE PAGE ... CONDITIONS 6-1-92 7 -001 5. This permit or appro~al is subject to thp attaehpd conditions or requirements of the fnllowlng elt.'- Departments or Di~lslons: Fire Department Parks. Recreation Services Department & enmmunl t," Building Planning Department Services Di,"ision and Building oft he Ser,"ices Police Department Public Services (Refuse) Department Pu b lie Ii 0 r ks Department ( En II i nee r I n g I Iiater Department x All previously incorporated Standard Requirements of Conditional Use Permit No. 89-20 approved December 18, 1989. .... d P\.NM.GI p_, OF' ....., 6. This perllit or appro'-al is subject to all the applicable provisions of the DeveloPllent Code in effect at the tille of approval. This includes Chapter 19.20 - Property DeveloPllent Standards. and includes: dust and dirt control during construction and grading activities; emission control of fumes. vapors. gases and other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screeni ng; signs. off-street parking and off-street loading; and. vibration control. Screening and sign regulations cOllpliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are cOllplied with. Any exterior structural equipment. or utility transformers. boxes. ducts or meter cabinets shall be architecturally screened by wall or structural element. blending with the building design and include landscsping when on the ground. A sign program for all new cOllmercial. office and industrial centers of three or more tenant spaces shall be approved by the Department prior to the issuance of a Certificate of Occupancy_ This require.ent also includes any applicable Land Use District Development Standards for residential. commercial and industrial developments regarding lIinillulI lot area. minimum lot depth and width. lIinillulI setbacks. maximum height. maxillum lot coveraae, etc. 7. This development shall b.. required t.o Ilaintain a minimulI of standard off-street parking spaces as sh~;;-;~-the appro"ed plan1s) on file. Applicant to restore all on-site landscaping and irrigation system as well as providing additional screening of adjacent County Flood Control property by use of hedging materials along subject site's eastern and northern property lines. ClftCll'''~ P\MoUI .._, OF' 1- CIT~ OF SAN BEQARDINO - REQUES,Q:OR COUNCIL ACTION From: Al Boughey, Director Dept: Planning and Building Services Su~~: Appeal of Planning Commission denia of Variance No. 91-14 Date: April 23, 1992 Mayor and Common Council Meeting May 4, 1992 Synopsis of Previous Council action: The Mayor and Common Council continued the appeal of the Planning Commission's denial of Variance No. 91-14 for 30 days and directed staff to research some of the issues. Recommended motion: That the appeal of Variance No. 91-14 be continued for 30 days to the Mayor and Common Council meeting of June 1, 1992, to give staff and the owner/applicant sufficient time to address the issues identified by the Mayor and Common Council. Al Contact person: Al Bouqhey Phone: 384-5357 Supporting data attached: None Ward: 7 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No,) (Acct. Descriotion) Finance: Council Notes: Anpnrl~ Itpm Nn 4/ . CIT'y OF SAN BEAARDINO - FlEQUESPFOR COUNCIL ACTION From: Al Boughey, Director . Appeal of Planning Commission's Subject: denial of Variance No. 91-14 Dept: Planning & Building Services Da~: March 19, 1992 Mayor and Common Council Meeting April 6, 1992 Synopsis of Previous Council action: On February 4, 1992 the Planning Commission denied Variance No. 91-14 based upon the Findings of Fact. Recommended motion: Staff recommends that the Mayor and Common Council uphold the Planning Commission denial of Variance No. 91-14. \ " ature Al Contact person: Al Boughev Phone: 384-5357 Supporting data attached: Staff Report Ward: 7 FUNDING REOUIREMENTS: Amount: NIl!>. Source: (Acct. No.) (Acct. Descriotion) Finance: Council Notes: A'Ulo,......~ 1+0."'" ~I^ 51 CITY OF SAN BE~RDINO - REQUESTOOR COUNCIL ACTION STAFF REPORT Subject: Appeal of Planning Commission's Denial of Variance No. 91-14 Mayor and Common Council Meeting of April 6, 1992 REOUEST The applicant is appealing the denial of Variance No. 91-14 by the l'lanning Commission. The applicant requests that the Mayor and Common Council reconsider the matter and approval Variance No. 91-14. BACKGROUND Variance No. 91-14 is a request to allow a freeway identification sign for an existing service station with mini-market without direct freeway frontage and which exceeds the maximum allowable height and face area, as permitted in the CN, Commercial Neighborhood, General Plan land use designation and Freeway Corridor OVerlay Districts. The subject site is a .45 acre parcel located on the east side of Del Rosa Avenue approximately 180 feet north of the 30 Freeway and further identified as 2885 North Del Rosa Avenue. The Variance request was denied by the Planning commission on February 4, 1992 by a 6 to 0 vote based on the Findings of Fact in the PC staff report (see, Attachement "C"). The proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 (E), Class 3 exemption. The conclusions of the February 4, 1992 staff report to the Planning commission (Exhibit "C") were: 1) the combined factors of the elevated freeway and heavily landscaped tree screening does give credence to the applicant's sign variance request: 2) however, current Development Code Sign Standards require properties to have direct freeway frontage for such freeway identification signs 3) the applicant's requested additional sign height and face area exceed the maximum allowable for freeway identification signs in CN, Commercial Neighborhood, land use and Freeway Corridor Overlay Districts; and 4) the service station's existing monument sign contains the State required gasoline price noticing and so an additional price sign is not required. 75-0264 o o Appeal of Variance No. 91-14 Mayor and Common Council Meeting of April 6, 1992 Page 2 OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL The Mayor and Council (MCC) may deny the aOlpeal and deny Variance No. 91-14 based on the Findings of Fact. Or the MCC may uphold the appeal the appeal and approve Variance No. 91-14 in concept and refer it back to staff for preparation of Findings of Fact and Conditions of Approval. RECOMMENDATION Staff recommends that the Mayor and Common Council uphold the Planning commission denial of Variance No. 91-14. Prepared by: Paul G. Scroggs Assistant Planner for Al Boughey, Director Planning and Building Services Exhibits: A - Letter of Appeal to Mayor and Common Council B - Statement of Official Planning commission Action C - February 4, 1992 Planning Commission Staff Report pqs VAR91-14 SFRAPP/MCC o( . 0(, Ii Donco & Sons, Inc. (714) 771-5730 TELEFAX(714) 997-4769 725 N. Cypress Orange, CA 92667 P.O. Box 2103 Vorba Linda. CA 92686 February 14, 1992 -, '-: \~'- ,.. , . '\ _". ,,-:; ".., . .: ~ \ IJ -.#....,.. Y ,,.: ~ \~';l. r~'3 , " . ,,_.0 ;~~:;:~~i;X};5:{~i'~ ~ ,--~ \ -. " ~, ~ ,~--. \}~-~ City of San Bernardino 300 ;:.!orth MDM Street San Bernardino, C.A 924is Re: Variance ~o. 91-14 Attn: Paul Scroggs On February 4, variance number 91-14 was denied by the San Bernardino Planning Lommission. .At this time we ,..ould respectfully request an opportunity to .3.ppeal the decision of the Planning Commission to the City CuunciL It is our firm belief that the city development code adopted in June of 1991, which precludes this facility from installing the sign requested p~ts the facility in an extremely unfair disadvantage with its direct competitors. We feel we are being unfair!:,. denied a substantial property right which is currently being enjoyed by similar businesses currently operating in the same vicinity and land use district. We are prepared to demonstrate to the City Council that we do in fact meet all of the necessary findings of fact required to justify consideration of this proposal. ReSPectfu~ Yours~ ~ "-,,n ~ John W_ Barber JWB/mjm SIGNS - ELECTRICAL - SERVICE STATION INSTALLATIONS STATE CO:-lTRACTORS We. #Cl0-C45-C61 435616 Attachment "A"- // o( Q-. . . '.... .;:. , '. .; '. City of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Variance No. 91-14 ,- Applicant: Donco and Sons, Inc. OWner: Fei Lyons Investment Meeting Date: February 4, 1992 X Denied based Upon Findings of Fact (Attachment B). VOTE Ayes: Nays: Abstain: Absent: cole, Jordan, Lindseth, Romero, Stone, Valles None None Clemensen, Lopez, Ortega :I, hereby, certify that this Statement of Official Action accurately reflects the final determination of the Planning commi~~ ~ _!no. :lit! 17!" Al Bouahev. Dire~or of Plannina & Buildina Services Name and Title '. cc: Project Property OWner Project Applicant Building Division Jngineering Division (/case File PCAGENDA: PCACT:ION Attachment "B" 1 0-- 0- ,. ..... CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD 5 2-4-92 7 ... F'r--., ..... APPLICANT: Donco (. Sons j Inc. P.O. Box 210 W Yorba Linda, CA 92686 U) c( VARIANCE 91-14 OWNER: Fei Lyons Investment 0 NO. 94 Greenmoor '-/ "- Irvine, CA 92714 f'"""\ r The applicant requests approval of a variance of Code Section ~ 19.22.150 to allow a freeway identification sign for an exist- U) ing service station with mini-market without direct freeway W frontage and which exceeds the maximwlI height and face area ~ permitted in Commercial Neighborhood land use and Freeway 0 W Corridor Overlay Districts. a: - The subject site is an irregularly-shaped .45 acre parcel c( wJ located on the east side of Del Rosa Avenue approximately a: 180 feet north of the "Cross-Town" 30 Freeway and further c( identified as 2885 North Del Rosa Avenue. '-/ "- EXISTING GENERAl PLAN PROPERTY LAND USE ZONING OFStGNATION Subject Commercial CN Commercial Neighborhocd North Flood Cont=ol/Vacant PFC/CN Public Flood Control/ Commercial Neighborhocd South Commercial CN Commercial Neighborhocd East Flood Control PFC Public Flood Control 1'1est Commercial CN Commercial Neighborhoc ( GEOLOGIC I SEISMIC DYES I FLOOD HAZARD KkYES jQcZONE A )( SEWERS: IialCfES ) HAZARD ZONE: lOC NO ZONE: o NO OZONE B o NO ( HIGH FIRE DYES ( AIRPORT NOISE! 0 YES ) I REDEVELOPMENT DYES HAZARD ZONE: lC[ NO CRASH ZONE: PROJECT AREA: X~ NO ~ ~ r r- .J o NOT o POTENTIAL SIGNIFICANT Z 0 APPROV At ~ APPUCABLE EFFECTS WITH 0 MITIGATING MEASURES fi 0 ZU) NO E.I.R. CONDITIONS WCl K0 EXEMPT u.0 ::!!Z o E.I.R. REQUIRED BUT NO u.Z :g: DENiAl Z- SIGNIFICANT EFFECTS C(W 00 WITH MITIGATING t)::!! a:~ MEASLiRES ::!! 0 CONTINUANCE TO -u. 0 > o SICNIFlCANT EFFECTS Z o NO SIGNIFICANT frl W EFFECTS SEE ATTACHED E.R.C. MINUTES a:) ) ~ .... ...- - CI1'l' t>> _ .-.uotG c:IIImtM.~llll_ ............. .,,"'OF' (..... A;;tachment "C" o~ o.~ ,.. CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR 91-14 5 2-4-92 2 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE .. ,.. REOUEST The applicant requests approval of two Variances to allow a 50 foot high freeway identification sign and a second gas price sign for a total 145 square foot face area (both signs) for a site without direct freeway frontage (see, Attachments "C" and "E"). The re~uest~d signs exceed by 25 feet the maximum permitted 25 foot height and by 20 square feet the maximum allowed sign face area for freeway identification signs where permitted under City Development Code, Section 19.22.150. The freeway identification and gasoline price signs are for an existing service station and mini-market, previously approved under Conditional Use Permit No. 89-20. SITE LOCATION The subject property is located on an irregularly-shaped parcel consisting of approximately 0.45 acre with a frontage of III feet on the east side of Del Rosa Avenue and about 173 feet on the north side of Date Street. The site is also located approximately 180 feet north of the Cross-Town Freeway and Del Rosa off-ramp and further identified as 2885 North Del Rosa Avenue. The subject property is located in the CN, Commercial Neighborhood, General Plan land use designation as well as within the Freeway Corridor (FC) Overlay District (see, Attachments "E" and "F"). MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed 50 foot high and 85 square foot (5X17) freeway identification sign with a second 60 square-foot (5X12) gasoline price sign are not in conformance with the CN, Commmercial Neighborhood General land use designation nor the Freeway Corridor Overlay District, which, under the City Development Code adopted in June, 1991, allow for this type of signage only for properties having a minimum of 300 foot linear frontage directly adjacent to a freeway artery. The applicant's proposed freeway identification a~d gas sign~ are also not in comformance with the City Development Code's signage requirements that, where permitted, allow a maximum overall installed height of 25 feet and sign face area of 125 feet, as shown in Attachment "A". The service station I s existing monument sign contains the State required noticing of gasoline prices so an adJitional price sign is not required. . L &"'rCl'.~ ~ PLAN-&.Oa PAGE 1 OF 1 (4-8Dt 0- Q:-. CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR 91-14 "'l 5 2-4-92 1 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE CALIFQRNIA ENVIRONMENTAL QUALITY ACT STATUS The proposed freeway identification and gas price sigll variances are categorically exempt from the California Environmental Quality Act (CEQA) under section 15303, Class 3(e). This exemption allows for the construction of minor accessory structures such as the requested signs. BACKGROUND The applicant's sign variance requests are related to previously' reviewed Conditional Use Permit (CUP) No. 89-20 proposal, for the construction and operation of a service station and mini-market at the 2885 North Del Rosa Avenue site. CUP No. 89-20 was approved by the Mayor and Common Council on December 18, 1989 following a previous denial by the Planning Commission on November 7, 1989. However, the actual construction of the service station with mini- market was not completed nor did it receive it's certificate of Occupancy until June 24, 1991. The applicant did not apply for their proposed signage until April 26, 1991, as their construction was nearing completion. At this time, the applicant, with their soon to be opened business and need for obtaining some immediate business site identification, deferred on requesting the freeway identification sign knowing that a Variance for the additional height and face area would be required and involve several months of application review time. Prior to the adoption of the June, 1991 new city Dev~lopment Code, properties such as the subject site, that were located within 400 feet of a freeway artery even without direct frontage, were permitted freeway identification signs. After June, 1991, however, the minimum 300 foot direct frontage requirement came into effect for the allowance of freeway identification signs. consequently, the applicant now has applied for two variances: to allow the freeway sign itself, and to exceed the maximum permitted sign height and face area. At the Development Review Committee (DRC) meeting of December 19, 1991, the DRC members gave clearance of the requested variances onto the Planning commission for their final determination on the applicant's sign variance proposals. ..01 CIfti' CI' .... .--.0 --. 1 A ~ PAGE1OF1 (4010) 0-,: 0- r- ~ CllY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR 91-14 5 2-4-92 4 .... OBSERVATIONS AGENDA ITEM HEARING DATE PAGE r- ANALYSIS The applicants propose to install a freeway identification sign on the southeastern portion of their site that is located approx- imately 180 feet north of the Cross-Town Freeway. The proposed 50 foot high pole sign will have a double faced, illuminated area of 85 square feet for the freeway identification sign and a second gasoline price sign that will consist of 60 square feet of also illuminated face area (see, Attachment "C"). The applicants are requesting the variances for the installation of the freeway identification sign and additional 25 foot height over the maximum allowable 25 feet of sign height in order to provide freeway visibility for their service station (l/ld mini- market. The subject site's location, although physically within 180 feet of the nearby freeway, is completely obscurred from vehicular sight due to the elevated nature of the traffic artery in this area and the well-established, 50 to 60 foot-high trees, consisting of eucalyptus and palm species that provide a heavily landscaped screening along this portion of the Cross-Town Freeway (see, AttachD\,ent "0"). In fact, t~e only signs that are visible along this stretch of freeway are the several other service station identification signs that were approved previously and which all exceed current allowable sign Code height Standards. In this regard, the applicant believes they have lost a substantial portion of their property rights which have been permitted and enjoyed by these other surrounding area and competing service stations, who all have existing and visible freeway signage and yet also do not all have direct freeway frontages. CONCLUSION The combined factors of elevated freeway and heavily landscaped tree screening give credence to the applicant I s sign variance requests. However, they do not meet measurable Developmenz Code Sign StandardS petaining to properties having direct freeway adjoining frontages. The applicant's requested additional sign'height and face area also exceed the maximum allowed for freeway identification signs, where permitted in the CN, Commercial Neighborhood land use and Freeway Corridor overlay Districts, without a Planning commissiol"! variance approval. The service station I s existing monument sign contains the State required noticing of gasoline prices so an additional price sign is not required. ... ...,j &~..~ Pl.NHJlI "GE. 01' . I..... ......, """l RECOMMENDATION Staff recommends that the Planninq Commission: 1. Deny Variance request No. 91-14 due to non-consistency with current city Development Code Siqn Standards and requirements applicable within the CN, Commercial Neiqhborhood land use and Freeway Corridor Overlay Districts. CP, Director Buildinq Services 7Z.e G.~..., Paul G. scr~gg!?O - Assistant Planner Attachments A - Municipal Code and General Plan Conformance B - Findinqs of Fact C - Proposed Freeway Siqn Elevation D - Freeway Photos with Existinq siqnage E - site Plan F - Location Map ~=.~ PUlN-O.IlI P.oGE lOF I I...... ""'" ,.. .."N. 0- Attachment 0'.: """l CITY OF SAN BEHNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR 91-14 5 2-4-q2 6 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE CATEGORY PROPOSAL MUNICIPAL CODE GENERAL PLAN Permitted Use Freeway Sign Permitted, with Permitted, with Variance PC Approval PC Approval Sign Height 50 Feet O/A 25 Feet O/A N/A MaximU1ll Sign Area 85 SQ. Ft. 125 SQ. Ft. N/A (5x17) Maximum w/Price Sign 60 SQ. Ft. State Stds. N/A (5X12) Approval of Variances by Planning Commission required for proposed freeway identification sign and requested height. .... ~ Of'I(II,,____ - . PUN.IlI __,01', ,_ -^^^ o -, Attachment "B" 0-, r- .., CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR 91-:14 5 2-4-92 7 FINDINGS OF FACT AGENDA ITEM _ HEARING DATE PAGE ... r- FINDINGS OF FACT - 19.72.050 - VARIANCE NO. 91-14 1. There are special circumstances applicable to the subject property, in that the requested freeway identification sign is necessary for business visibility obscurred by the elevated freeway and existing, heavily landscaped tree screening that the strict application of th Development Code would deny to the applicant and as enjoyed by other commercial properties with previously approved freeway signage within the vicinity and under the same or siluilar land use designations; 2. The granting of the Variance is necessary for the preservation and enjoyment of a substantial right possessed by the other properties in the vicinity and land use district and denied to the subject property for which this Variance is sought in that the majority of surrounding developed commercial properties have existing freeway signs of a size and height that exceed allowable maximums under current Development Code Sign Standards and larger than presently requested by the applicant; 3. The granting of the Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located in that the CN, Commercial Neighborhood, General land use designation allows for freeway identification signs if the parcel has direct freeway frontage or as otherwise permitted by the submittal and approval of a Variance request, and, as seen by previously approved existing surrounding commercial freeway identification signage; 4. The granting of this variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which the subject property is located in that surrounding areas are similarily designated CN, commercial Neighborhood or CG-l, Commercial General that allow freeway signage with appropriate application submittals, review and approvals; 5. The granting of this Variance does allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel in that Commercial Neighborhood, land use and Freeway Corridor Overlay Districts restrict freeway identification signs to properties having direct freeway frontages only and, where permitted, also set specific height and face area limitations for such signage, as defined in Chapter 19.22 of the city Developmemnt .Code; ~ ~ r:..:. .... ---= PWHllI ,_,OFI I..... "w o~ 0- CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT "'II CASE VAR 91-14 5 2-4-92 8 FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE FINDINGS OF FACT - 19.72.050 - VARIANCE NO. 91-14 (CONTINUED} 6. The granting of this variance is not consistent with the General Plan in that freeway indentifiation signs are permitted in the CN, COl1llllercial Neighborhood land use and Freeway Corridor Overlay District only for those properties having direct freeway frontage as well as meeting specific height and face area requirements, or as a submitted Variance request, subject to the approval of the Planning cOl1llllission. ", \ " ... ...l ........... PMlE,OF. ...... ='L'!"'~ [ g i~ .. ? ~g ~.~ t I o ~, !I:.;j.~.,~; I.. _.";," ....,,;.1.. ,.;"'~. --. ."'~""'i.;.,,:~~,~.~~h~~q~,...~c;~. . " 'I...... .....~...,. ;.i;,............ ... :r....; .~ ," .- " ...... 1~.'.~...1.. I'''.' - ...~ I '," ;~:,;., .e:..~..~....l:,;. ..~.j&,ii".... .~& .:. ~ ." .' !.~;# r-<"'~" .i.-.M"'...... (oJ..l"\'.l<! ....~l.~.... ".:'. .... !~...: ":_:i;/':<~\::-:!'~'::;'.C:)}:'~..:.:',~1~~.'~': .':; ,:'~:'~~~'I"T'~':~~~~\{"~~'" ~:."; :q:.n~~..:t~:;.. ;' ,,' ~'. ::. -:1 ' . ~ ~ . . I - I , . ",! ;:~"'.: : ;~:':'H:}fif~t:,{~t.;~.ii,)~;fi;~:1r,\~ t ;.~ '.; '..' i'T':" ,', F..~ -/ ..... :C".~ '. "-;;,r.:;. ~ ltEl' ; "'::::~~;I :: . .; . .o'~1'1 , . I I I , i !.. ! . I ! ... . " i~ . :lj _ I :':.. .--",:, II.. ...oW '. .... I. . ... , ' -0 .~ ~ '!! .:.. . ~ia:~; !~ '0 ~ : p . ' ........ <:..:~.lf III '0 ' J - -J ../ I , , .- , I~ , , . . "::~::' ':. ii ., .. ".. o !I .ll il ~ ....;, ' II ~ ~;':'''::, ~.... "I _,.. .' . I :~. . . II" ! II 'I I, " '/ :, ; 1 .", . .' ..... ; '0 '. .:.' '. ....;,,-.' ..... .... " ., .... . .' .... ,'. .' .", .'..' '. ",0 ...' I ;liI _" f ti: " tr/.l ii: I ~~ .. r.: 'I " ~I ~I '. :Of 1.1:1 '.. -I ir ~I I illl :1 I' I . ., . . ii .1 ~I~~ II U' .i .. II .:: J ~ f , New em/pm Feclllt} ... E II'..I~. & aAII &'IWAII!I . :. _I !I~I "IY~I!.'..' .~"~.'.' , . .. ,.' .. . " " Ai ARca Products Company -. : Ret.U Uette.llng . Oe.le.. & Engln..nAg L . 10S1 w... Seventh SL P.O. 80& 2570. Lo. An9..... CA 10051.0570 .d1t8a. ~~ " ! " \ It~J: .." : :. '. 0":." . _'!", ..... .~.. . ........... '.. .... ....t..~,.~ ..~to-~......:...'~_... - ..--.... .-. " .'!" ".' .~. ", . " Shell Freeway Sign 75 ft. 'high 256 sq. ft. face 76 Union Freeway Sign 80 ft. high 192 sq. ft. face Mobil Freeway Sign 80 ft. high 152 sq. ft. face .. 0' o. VAR 91-14 Attac:unent "D" t'..... ,.o'.- .~ ~.: '. '. -:... -.. .... .,:... "- t,ii,;; ~ b-;', ...... .....-.. - ;." . '--- . -.'C- .......:;. . ~. " ............ Shell Station west 'side of Del Rosa immediate north of Freeway 76 Union Station east side of Del Rosa immediate south of Freeway Mobil Station west s.lde of Del Rosa inunediate south of Freeway ..... 0- o'~. VAR 9 -14 ~, -------= - ~__i Iii: ~- I ~ .... . _..:-,-:::=--._:-~'---~ - . __._~::..:::.:=-3:~ -'- ," ...-:;:" --' '-- _._~ ............. ~ -'--"~- ;,.--- -- ~ rOt) ~:.II j ij t. ~ '" < ". 1tI,.~ .. ~.f (l I J ~i filo II ~~~ I , ~~ I, 'h' I 'g; 1I:C ~; ".,:. '1,1 ...., ~. '11 .-~-, ~ /'.. '. :....111... - - 1 O. ,~ r" .... : I :~:. 1. 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