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HomeMy WebLinkAbout41-Planning and Building - CITY OF SAN BE~RDINO - REQUESTQoR COUNCIL ACTION From: Al Boughey, Director Planning & Building Services Subject: Appeal of Planning Commission denial of Variance No. 91-20, Kids "R" Us, 666 South "E" Street Dept: Date: May 20, 1992 Mayor and Common Council Meeting June 1, 1992 Synopsis of Previous Council action: On January 7, 1992, the Planning Commission denied Variance No. 91-20. On April 6, 1992, the Mayor and Common Council upheld concept, and continued the hearing until May 4, 1992. to prepare positive Findings of Fact. the appeal, in Staff was directed On May 4, 1992, the Mayor and Common Council continued this item for 30 days to give staff and the owner/applicant sufficient time to address the issues involved. Recommended motion: That the hearing be closed and the appeal be upheld based on the Findings of Fact. Contact person: Al Boughey Staff Report Supporting data attached: Phone: 384-5357 3 Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Descriotionl Finance: Council Notes: Allenda Item No 'f I CITY.OF SAN BERNOADINO - REQUEST ~R ~OUNCIL ACTION STAFF REPORT OWner: Signal Kids partnership & Signal Downey Partnership C/O Joseph Kung 3634 country Club Dr. Lakewood, CA 90712 Applicant: Kane, Ballmeer & Berkman 354 S. spring st., suite 420 Los Angeles, CA 90013 REOUEST Under authority of Development Code section 19.72.030 (2), the applicant is requesting a variance from Code Section 19.22.150 to permit an additional wall sign above the number allowed and to have that sign area to be above the maximum square footage permitted. SITE LOCATION The subject property consists of approximately 3.01 acres on the west side of South "E" street approximately 700 feet south of the centerline of Mill Street at 666 South "E" Street. The land use designation on the site is CG-1, commercial General. BACltGROURD On January 7, 1992, the Planning commission denied Variance No. 91- 20. An appeal to the Planning commission's denial was heard by the Mayor and Common Council on April 6, 1992. At that time the Mayor and Common Council upheld the appeal, in concept, and directed staff to return on May 4, 1992, with positive Findings of Fact. At the same time the property owner concurred with the Council's wish to upgrade the landscaping at the Kids "R" Us location. On May 4, 1992 the Mayor and Common Council continued this item to June 1, 1992 to give staff and the owner/applicant sufficient time to address this issue. ANALYSIS The applicant's request for an additional, and oversized, wall sign for the Kids "R" Us building is based on the arguments contained in the ,original application. There is validity to the arguments in that the Kids property is located on a uniquely shaped lot which has visibility only from "E" Street. The appearance from Inland Center Drive and Inland Center Mall is of a blank wall on the distant side of the Flood Control channel. If a sign were to be installed on the rear wall then the sign would have to be of a size to be readily discernable from the mall area and from Inland Center Drive. Due to the unique configuration of the site the granting of the Variance would not constitute a special privilege as this variance could only apply to the Kids site. 75-0264 Vaniance No. 91-20 0 Mayor and common Cou 1 June 1, 1992 Page 2 o OJ' Meeting The applicant has agreed,in concept, to upgrade the landscaping to improve the' overall aesthetics on site. However, the specifics have not been defined at this time. We are working on adding planter areas along the front of the building adjacent to the walkWay to relieve the large expanse of building, walkWay and parking lot. t!OIICLUB:IO)t The intent of the General Plan and the Development Code is to prevent unnecessary proliferation of signs. The granting of the variance will not result in a proliferation of signs in the area due to the unique shape and location of the Kids property and the extra sign is proposed to compensate for lack of visibility from Inland Center Drive and the mall. This argument can only be applied to the Kids lot and therefore is not considered a special privilege denied to others in the vicinity. As the granting of the variance can onlY be applied to this property, the adherence to the Development Code standards is not compromised nor is there inconsistency with the General Plan. IO.YOR MID ~MMOIl ~mIC:IL OP'r:IOIlS The Mayor and Common council may uphold the decision of the planning commission and deny variance No. 91-20 or The Mayor and Common council may uphold the applicant's appeal and approve Variance No. 91-20. REcn1olM1P.NDAT:IO)t Based on the Findings of Fact, Attachment A, the Mayor and common council can uphold the appeal and approve Variance No. 91-20. , Director of planning and Building services prepared by, John R. Burke Assistant Planner Attachments: A - Findings of Fact B _ conditions of Approval C _ staff Report to the Mayor and Common council, April 6, 1992 Attachment "A" CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR 91-20 AGENDA ITEM HEARING DATE 6-1-92 PAGE 3 FINDINGS OF FACT ~ ""'I 1. 2. 4. .... The property site is unique in its shape, location and surroundings, wherein the strict application of the Development Code could deprive the property of privileges enjoyed by other property in the vicinity and under identical land use district classification. 3. The granting of this variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district in that the site configuration precludes the use of signs to the rear of the building due to access not being possible. Granting the Variance would not be materially detrimental to the public health, safety, or welfare, and injurious to the property or improvements in such vicinity and land use district in which the property is located. The additional sign is not considered a proliferation of signage to cause a degradation of the aesthetics in the area. Granting the Variance would not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which the property is located, and granting the Variance would not constitute a special privilege. This property is limited in that access is not possible from the rear of the property. Granting the Variance would not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel. Granting the Variance would allow a sign use which is unique to the site. The granting of the variance would be consistent with the City'S General Plan. 5. 6. PlAN-I.110 PAGE' OF 1 14-101 ~~ .t'1.i..\-a.......J.J.,U,lCU... J..J . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR 91-20 CONDITIONS AGENDA ITEM HEARING DATE 6-1-92 PAGE 4 r ~ 1. Within one year of the variance 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. Project : Expiration Date : variance No. 91-20 June 1, 1993 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant one time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees 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. The applicant further agrees to reimburse the City of any costs and attorney's fees which the City may be required by the court to pay as a result of such action, but such participation shall not relieve the applicant of his obligation under this condition. 4. Construction shall be in substantial conformance with the plans approved by the Mayor and Common Council. Minor modification to the planes) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10 % of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority, if applicable. ~~~ .I ~ PAGE1OF, 14-llO) LL ft CONDITIONS CASE VAR 91-20 AGENDA ITEM HEARING DATE 6-1-92 PAGE 5 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ~ ..... 5. A sign permit application shall be filed with the Planning and Building Services Department subsequent to the approval of this variance application. 6. The variance may be revoked or modified by the Commission in accordance with Section 19.72.110 if anyone of the following findings can be made: a) That circumstances have changed so that 1 or more of the findings contained in Section 19.72.050 can no longer be made, and the grantee has not substantially exercised the rights granted by the variance: b) That the variance was misrepresentation or fraud: obtained by c) That the improvement authorized pursuant to the variance had ceased or was suspended for 6 or more consecutive calendar months: d) That 1 or more of the conditions of the variance have not been met, and the grantee has not substantially exercised the rights granted by the variance: e) That the improvement authorized pursuant to the variance is in violation of any statute, ordinance, law, or regulation: and, f) That the improvement permitted by the variance is detrimental to public health, safety, or welfare or constitutes a nuisance. 7. Prior to issuance of a sign permit, the applicant shall submit a Landscape Improvement Plan to the Planning and Building Services Department that shows the location of the planter areas to be added to the site, adjacent to the front of the building. PLAN-I.aI PAGE 1 OF 1 (4-10) ~====