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HomeMy WebLinkAbout28-Planning and Building 1-" CITY OF SAN BERtORDINO ....... - REQUEST ~R COUNCIL ACTION Date: September 15, 1992 . Variance No. 92-10, To construct a Subject: freeway sign that exceeds code requirements: NEC 1-215 & Universit '" -- Parkway Mayor and Common Council Meeting September 21, 1992 From: Al Boughey, Director Dept: Planning & Building Services -~~:-:'~Ci',.!,--, -" ~, . , :- -\ Synopsis of Previous Council action: September 8, 1992, the Mayor and Common Council continued this item for two weeks and referred the matter back to staff to evaluate modifications to the proposal. August 3, 1992, the Mayor and Common Council continued the matter for 30 days to allow the applicant to prepare revised plans. July 7, 1992, the Planning Commission denied Variance No. 92-10. Recommended motion: That the hearing be closed and Variance No. 92-10 be approved, as modifie~ based on the Findings of Fact (Exhibit 1) and subject to the Conditions of Approval (Exhibit 2); or That the hearing be closed and Variance No. 92-10 be denied. Al Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report Ward: 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Descriotion) Finance: Council Notes: 75-0262 Agenda Item No. a.X' 1- CITY OF SAN BERNCRDINO - REQUEST QR COUNCIL ACTION STAFF REPORT Subject: Appeal of the Planning Commission denial of Variance No. 92-10, requesting approval of a variance from Development Code Sections 19.14.030(6), 19.22.l50(C)(3) (e) and 19.22.150(C) (3) (f), to construct a 95-foot tall freeway oriented sign with 346.5 square feet of sign area per face, identifying seven tenants, and a center identification monument that identifies six tenants. Mayor and Common Council Meeting of September 21, 1992 BACKGROUND On September 8, 1992, the Mayor and Common Council continued Variance No. 92-10 for two weeks and referred it back to staff to reconsider the request subject to the following and to develop Conditions of Approval and positive Findings of Fact. The freeway sign may not exceed 85 feet in height: The freeway sign may have 125 square feet of sign area per face; The poles shall be arChitecturally treated; The signage shall consist of channel letters or logos; and Up to 5 highway uses may be identified on the sign. In order to make positive findings, the approved sign must be consistent with General Plan Policy No. 1.45.6, which prohibits pOle signs in the State university area. To ensure General Plan consistency, staff has proposed conditions of approval to require architectural enhancements to conceal the structural steel supports of the sign. Conceptual elevations illustrating possible design treatments will be presented for the Council's consideration. Recommended Findings of Fact have been included as Exhibit l. Recommended Conditions of Approval have been included as Exhibit 2. RECOMMENDATION Staff recommends that the Mayor and Common Council uphold the appeal and approve Variance No. 92-10 subject to the attached Findings of Fact (EXhibit 1) and Conditions of Approval (Exhibit 2) . Exhibits: 1 - Findings of Fact 2 - Conditions of Approval 75-0264 .. - - o Exhibit 1 o FINDINGS OF FACT FOR VARIANCE NO. 92-10 1. There are special circumstances applicable to the property, with respect to topography, such that the strict application of the Development Code height requirements deprives the subject property of privileges enjoyed by other properties in the vicinity and under the identical land use district classification. Due to the topography of the area, a 25-foot tall freeway oriented sign, as well as the entire proposed development, would be completely obscured from the visibility of northbound traffic. The subject property is located north of the Shandin Hills Golf Course and is separated from the golf course by a large hill that forms the western boundary of the Shandin Hills area. There are special circumstances applicable to the uses compn.sJ.ng the proposed development. to warrant the identification of up to five tenants on the freeway oriented sign. The Development Code permits a freeway oriented sign to identify only the name of the center or the major tenant. However, as the project is proposed, there will be no single major anchor tenant: a gas station and four restaurants will likely comprise the major customer base for the center. There are no special circumstances that would warrant an increase in sign area; the topographic constraints on the subject property establish a need for additional height only. with an increase in height to compensate for the intervening hill, the sign will be just as visible with 125 square feet per face as a freeway oriented sign that is not located in a topographically restricted area. There are no special circumstances that would warrant the identification of more than five tenants on the center identification monument proposed to be located adjacent to University Parkway. The proposed businesses will be readily visible from University Parkway, and any individual building site that has a frontage of 100 feet is permitted to have its own monument sign pursuant to the standards contained in Chapter 19.22 of the Development Code. 2. The granting of this variance request to allow additional height to the freeway oriented sign is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the vicinity and would otherwise be denied to the property for which the variance is sought in that consideration for the topographic constraints in the area has been given to other properties in the vicinity. Development Code Section 19.14.030(6) states that "buildings, such as hotels and restaurants, fronting the freeway are entitled to have a freeway monument sign and a building sign visible from the freeway." However, these uses will not have freeway visibility if their associated signage is required to comply with the Development Code standards. - - o FINDINGS OF FACT FOR VARIANCE NO. 92-10 CONTINUED o 3. The granting of this variance request 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 sign shall be constructed in conformance with the Uniform Building Code, Uniform Electrical Code and/or the Uniform Sign Code by a California state licensed sign contractor. City Building and Safety Staff and shall verify that the sign is has been properly designed and installed to withstand the high wind conditions associated with the area of the subject property. 4. The granting of this variance request 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 all other commercially designated properties adjacent to the freeway are afforded the same considerations under Development Code Section 19.14.030(6) to have freeway visible identification. 5. The granting of this variance request would not allow a use that is not otherwise expressly authorized by the regulations governing the subject parcel in that the on-site identity of commercial uses is permitted by the Development Code. 6. The granting of this variance request will not be inconsistent with the General Plan in that conditions of approval will assure that the final design complies with General Plan Policy No. 1.45.6, which prohibits the development of pole signs in the California State University area. All structural steel pole supports shall be concealed within architecturally designed pole covers and/or monument structures. - - - - o Exhibit 2 o CONDITIONS OF APPROVAL FOR VARIANCE NO. 92-10 1. The maximum overall height of the freeway-oriented sign shall be 85 feet above natural grade. If the finished grade of the sign location is higher in elevation than natural grade, then the difference shall be subtracted from the overall height of the sign. However, the overall height of the sign shall not be increased if the finished grade of the sign location is lower than natural grade. 2. The maximum sign area on the freeway oriented sign shall be 125 square feet per face. 3. The identification of no more than five major tenants shall be permitted on the freeway oriented sign. 4. The tenants permitted on the sign shall be restricted to regional-serving uses such as restaurants, fast food establishments, and gasoline sales establishments with nationally registered trademarks. 5. All sign text for the tenants shall consist of one of the following formats: a. Channel letters: b. Insertable panels with non-illuminated backgrounds painted to match the sign structure; or National trademark backgrounds. 4. The following specifications shall be employed into the final design of the freeway oriented sign: c. logos with non-illuminated a. Specific design elements used in the architecture of the center, such as raised relief, mouldings and tile, shall be incorporated into the design of the sign. b. All structural steel pole supports shall be concealed within architecturally designed enclosures. c. The colors and finish materials of the entire sign, except for text, shall be compatible with the color and finish treatments applied to the buildings. 5. Prior to installation of the sign approved under Variance No. 92-10, as well as any other proposed sign that is subject to a permit pursuant to Development Code Chapter 19.22, a Sign Permit application or applications shall be submitted to, and a permit or permits issued by, the Department of Planning and Building Services. Sign plans shall be consistent with the conditions contained herein. I - o 0 CONDITIONS OF APPROVA~ FOR VARIANCE NO. 92-10 CONTINUED 6. within one (1) year after approval, commencement of construction shall have occurred or the approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the approval shall become null and void. Expiration Date: september 21, 1993 7. The Planning Commission, upon application being filed 30 days prior to the expiration date and for good cause, grant one time extension not to exceed 12 months. 8. 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 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 the applicant of his or her obligation under this condition. 1--- - . 'CITY OF SAN BEROARDINO ""- REQUES,QOR COUNCIL ACTION ~ 'TI: Al Boughey, Director Subject: Variance No. 92-10 (Appeal) L""pt: Planning & Building Services Mayor and Common Council Meeting September 8, 1992 Date: August 19, 1992 Synopsis of Previous Council action: August 3, 1992, the Mayor and' Common Council continued this item to allow the applicant to prepare revised sign plans for reconsideration. Recommended motion: That the hearing be closed and that the Mayor and Common Council deny the appeal of Variance No. 92-10 based on the Findings of Fact contained in Exhibit 5; or That the hearing be closed and that the Mayor and Common Council approve Variance No. 92-10 in concept and refer the matter back to staff to develop positive Findings of Fact. Al Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report Ward: 5 FUNDING REQUIREMENTS: Amount: N I A Source: (Acct. No.1 (Acct. DescriPtion) Finance: il Notes: AII1~n".'-~f f-I'"1z. ~~ j 75-0262 ^_...._..._ 1..._- 1.,_ .2'8'" .. 1-_- - CI~ OF SAN BERNj()DINO - REQUEST FQ. COUNCIL ACTION STAFF REPORT Subject: Appeal of the Planning Commission denial of Variance No. 92-10, requesting approval of a variance from Development Code Sections 19.14.030(6), 19.22.1S0(C) (3) (e) and 19.22.1S0(C)(3)(f), to construct a 9S-foot tall freeway oriented sign with 346.S square feet of sign area per face, identifying seven tenants, and a center identification monument that identifies six tenants. Mayor and Common Council Meeting of September 8, 1992 REOUEST The applicant, Quiel Bros. Sign Co., is appealing the Planning Commission's denial of Variance No. 92-10. Under the authority of Development Code Section 19.72.030(2), the applicant is requesting a variance from Development Code Sections 19.14.030(6), 19.22.1S0(C) (3) (e) and 19.22.1S0(C) (3) (f) to construct: 1. A 9S-foot tall freeway oriented sign with 346.S square feet of sign area per face, identifying seven tenants; and 2. a center identification monument that identifies six tenants. The subject property consists 9.94 acres located at the northeast corner of University Parkway and the Interstate 21S northbound offramp, at the westerly terminus of the Shandin Hills area. BACKGROUND At their meeting of August 3, 1992, the Mayor and Common Council continued this item to September 8, 1992 to enable the applicant to present a revised design for the proposed freeway sign. The applicant will be available to address questions at this Council meeting. As if the date of preparation of this staff report, staff has not seen the applicant's revised plans. Please refer to the staff report prepared for the Mayor and Common Council meeting of August 3, 1992 for a complete discussion of the background and analysis (EXhibit A). CLARIFICATION Two flag tests were conducted to determine the mlnlmum height necessary to view the entire sign text from a distance of apprOXimately three-tenths of a mile away along the freeway. 6' o 0 variance No. 92-10 Appeal of Planning commission's Denial Mayor and Common Council Meeting of September 8, 1992 Page 2 The first flag test, conducted on April 28, 1992, showed a m1n1mum clearance of 67 feet above natural grade. The sign elevation prepared by the applicant after the first flag test, however, shows the bottom of the lowest text panel at 75 feet above natural grade (Exhibit B). The second flag test conducted from the exact proposed sign location reduced the minimum clearance to 62 feet above natural grade. OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL The Mayor and Common Council May deny the appeal and deny Variance No. 92-10. OR The Mayor and Common Council may continue the item, uphold the appeal, approve Variance No. 92-10 in concept and direct staff to prepare positive findings. RECOMMENDATION staff recommends that the Mayor and Common Council make a determination upon viewing the applicant's revised plans. Prepared by: Gregory S. Gubman Assistant Planner for Al Boughey, AICP Director of Planning and Building Services Exhibits: A - 1 - 2 - 3-- 4 - 5 - B - Staff report to the Mayor and Common Council dated August 3, 1992 Letter of Appeal Statement of Planning Commission Action Official Notice of Public Hearing before the Mayor and Common Council Staff Report to the Planning Commission dated July 2, 1992 (abridged to address variance request only) Revised Findings based on July 16, 1992 flag test Freeway sign elevation prepared after first flag test (originally submitted to the Planning Commission as Attachment Sl) o o City of San Bernardino MEMORANDUM TO: Mayor and Common Council Al BOUghe~irector Planning , Building services Variance No. 92-10/Supplement to Staff Report FROM: SUBJECT: DATE: september 1, 1992 project File COPIES: On August 19, 1992, the Planning Division received copies of two revised sign designs, which were prepared by the applicant pursuant to the Council's request on August 3, 1992 (please refer to the cover letter from the applicant, Attachment 1, and the revised elevations, Attachment 2). Upon viewing the proposed revisions, it is the opinion of staff that these designs do not significantly differ in nature from the original proposals, nor do they make substantive attempts to comply with the staff's recommended freeway design specifications enumerated in the original staff report to the Planning Commission dated July 2, 1992 (Exhibit 4). Specifically, staff does not support the applicant's revised design concepts based on the following, previously discussed, issues: . The structural poles are not concealed within a monument structure or architecturally treated pole covers. Hence, the proposed sign remains inconsistent with General Plan Policy 1.45.6: . The proposed revisions show a total of 311 square feet per face, which is a reduction of only 35.5 square feet from the previous proposal. The Development Code allows a maximum of 125 square feet per face: Although the applicant has reduced the number of tenants from seven to five, staff considers it reasonable only to allow the identity of three tenants given that there are no unique circumstances to warrant the identification of more tenants than are permitted for shopping centers elsewhere in the city: . . The sign panels continue to be arranged horizontally and vertically with respect to each other, whereas staff has recommended that the tenant identification should be arranged in rows only: 1 __ '-_ o o Memo to the Mayor and Common Council September 1, 1992 Page 2 The sign text panels continue to be represented within cabinets with internally illuminated backgrounds. Staff maintains that the sign text should consist of either channel letters or insertable panels with non-illuminated backgrounds painted to match the sign structure. Moreover, due to the number of te~ants and the cabinet-style identification proposed, staff finds the proposed overall height of 95 feet to be excessive. Given the height proposed, there has been no consideration to incorporate massing elements into the overall design to reduce the scale of the sign. If the Council is to consider approving this variance, staff proposes a height not to exceed 80 feet, a text area not to exceed 125 square feet and an integrated design to reduce the overall scale. Such a design can be effectively accomplished by limiting the number of tenants to three and by allowing the text to begin 62 feet above natural grade, as indicated by the most recent flag test. It should also be noted that the developers of the new 30,000 acre Wal-Mart center have indicated to City staff that their two center identification signs will be designed to utilize channel letters and that the text areas will not exceed 120 square feet per face. . A preferred alternative to granting this variance may be development of a comprehensive freeway signage program to be adopted citywide. Such a program could be formulated to simul taneously address the needs of certain businesses to have freeway identification, as well as attenuate the City's well- documented sign congestion problem through the adoption of criteria for off-site signage and other measures that may involve coordination and cooperation with Caltrans. Staff's recommendation remains that the Mayor and Common Council deny the appeal and deny Variance No. 92-10 Attachments: 1 - Letter from applicant, dated August 19, 1992 2 - Revised elevations proposed by applicant AGENDA ITEM 36 1__, .<i -yl' , '/~ \\ o .. 1..1. G~ o ~IGNS BY t?2.~f.e~ 272 SOUTH I STREET, SAN BERNARDINO, CALIF. 92410 PH. 714-a85-4476 FAX 714-888-2239 August 19, 1992 Attn: Mr. AI Boughey City of San Bernardino Planning Department 300 N. wOw Street San Bernardino, CA 92418 RE: Sign Variance Case # 92-10 University Village Dear Mr. Boughey: '1 Since the. council m!ileting on August 3rd, 1992, whereby our hearing was extended . to August 31 ,199T;:we have been working with our client Mr. Ari Miller to revise the proPOSltOsign:.- . In an effort to help satisfy the concerns of the City and also to provide the minimum signage required by the developer,to help keep this project alive, we have enclosed two revised drawings, each one being somewhat different in appearance, we will leave the decision of which one looks best up to you. The major revisions thai: are included in each of the two new drawings are 8S follows: A.- (Deleted two tenant signs) Of the five tenant signs that remain four will be used by restaurants and one will be used by the gas station. B.- (Reduced the overall height by 16') We were able to accomplish this by excepting the fact that the two bottom tenant signs will have limited visibility to north bound 1-215 traffic. If we were to be allowed 100' overall height the sign would be much more effective. I still feel that by requiring pole covers to cover the proposed texcoated support columns would not be accomplishing anything other than adding to the expense of the sign. When viewing the sign it will be difficult for anyone to determine if the supports are round or square. If I were proposing round sheet metal pOle covers, would it then be acceptable? SALES . SERVICE. lEASING. MAINTENANCE. CRANE SERVICE. NEON CoIn. C<lnt_l.icenM No. 217345 1--,. ,~. C5T-r~ Lt.. .> o Please review the drawings and call me if you have any questions. If you would like to meet on this matter, I can make myself available on a moments notice. Thank you. Sincerely yours, QUIEL BROS. ELEC R C SIGN CO., C. C.C. Mayor Bob Holcomb Councilwoman Esther Estrada Councilman Jack Reilly Councilman Ralph Hernandez Councilman Mike Maudsley Councilman Tom Minor Councilwoman Valerie Pope Ludlam Councilwoman Norine Miller Council Executive Phillip A. Arvizo Jack Kelly Associated Marketing Ari Miller Camden Development Ltd. GQ/er I- I "- Ir:/I; i"II; lUll 1 1~:I' I -,t I I , : 'IlFI! ll' I "I' .'<; ftj:1 .hill I flj,r '.....-r-- g.1'j '"'-- 'I" , !:lli ["I !11I' I f,fl!~! , ll!l'l ,~ - :!j!!J , ,i -l,!Ii iilIil h~ " . -ot- ~ 1 l' :+-'->1 J~ ", ~ t ~ ~\.\. , ~ , () ~ r ~ ~~ , ~. I r~~i!. ~~ ~~ \'\ "- ~ ~~ "- l J ~. h I j~ " f ~ 1 ! -:- ~,1i I. l.i -l\.ii ! ~ ~. ~f ~ ~\n ~ ~ ,! ! I ~ ~ i~; ~ ~ :...;1 l!~ :'(~'\'!II I;; ~-.. I.; ).~, ';i "- mi)l:;- .0 ~ ~ ~ ~ "f: ~ t ~!f ~~~H r~f~ft~i t ~ , ',' , .. ' ~j ~f (" rJ It r-:b ':.z', --+ ArTk.HJ1FfJT 2./" . ~@~--4- ,If . "7' H 71/-J!,: ':0 j! "l 'I '''f" TEN2A~~: IITEN3ANTII I .1;~~ANTl. TENANT! . 4. 5 . Fluore.cent In~11y IIIUll1natH cabinet .COlor and taxtara = ..'tcb bulldin;. l1NJVERSITY. VIliAGE t--- Ch'M" Lot.... il I I I .. ... .r I. ,I II i/ t--- Support coluana to be textured Unish to ..t:Ch bulldlnq. -r i - SIGN A ~l'll.~! i':-." ~H t.., 1 ~; ! I ~ ,,~... ~ 11\ 1 ' ,>~h~~",~ ,~ .... \' ,,:. t'l :'\.! ~ !\I,.. ~ ; I:"- ~ I ~ ~. ~~ ~~~l tff ~l ~~ ~ ~~.~ ~~~' ~~ ~lf ",).t-.f !~h~~~1 I~l~ ~ , I if:! I ; ilTlI ; l,m'j ~u,1 I~II TFi! 'lklA Il'l~l ' 11:'1 IP;~I ~IH r:l1Ui i," ll' i81!~! rJllil " .1), '1';1 'il;,", '181 f Hliir ~ ~ . . s.. \) ~ ~ , ~ l ._ ~ ~ l~ ,.,::- 1&C/l ..Ii: 1"'''' I~; , z I:; ..z ,,~ !!~ lIq~ sa ~ ~ . ~, \ ' l'i '! ~I .'" ~ 15 z ~ !l! f""', Ui' '"" 1-' .-,' a' '7' ~ J1'f 10' I"'i. Arr~ t..t:.' , -4-- ~ Iii '[ , ! TENANT I 1 i L......... _0.__. .1- ~I ~ I 'r-I 'w:L Fluor..cent Internally Illu.lnated Cabinet )Color and t.axtur. to ..tell buUdlnq . k UNIVERSlTY,VII,.LAqE ~.Channol Lettar. t' ~ , I ~ II I:' ~ I' " I' n I I; Ii Ii I',' " I ~ Support. cOluan. to be textured \ Unish to aatch bulld1nq. ,~ I '" II' ! Ii ,I I! il a I. :. -' ,. " a . .e. ',' I I SIGN B - - . CITY OF SAN BERP..lRDINO - REQUEST 0 OR COUNCIL ACTION : Al Boughey, Director Dept; Planning & Building Services Date: July 23, 1992 Subject: Variance No. 92-10 IAppeal) Mayor and Common Council Meeting August 3, 1992 Synopsis of Previous Council action: None Recommended motion: That the hearing be closed and that the Mayor and COmmon Council deny the appeal of Variance No. 92-10 based on the Findings of Fact contained in Exhibit 5; or That the hearing be closed and that the Hayor and Common Council approve Variance No. 92-10 in concept and refer the matter back to staff to develop positive Findings of Fact. Al Boughey Contact person: Phone: 384-5357 Supporting data attached: Staff Report Ward: 5 FUNDING REQUIREMENTS; Amount: Source: (Acct. No.) (Acct. Descriotion) Finance: COIl....'1 Notes: Exhibit "A" - - CITY OF SAN BERNPIDINO -' REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Appeal of the Planning Commission denial of Variance No. 92-10, requesting approval of a variance from Development Code Sections 19.14.030(6), 19.22.1S0(C) (3) (e) and 19.22.1S0(C) (3) (f) to construct a 9S-foot tall freeway oriented sign with 346.S square feet of sign area per face, identifying seven tenants and a center identification monument that identifies six tenants. REOUEST The applicant, Quiel Bros. Sign Co., is appealing the denial of Variance No. 92-10 by the Planning Commission. Under the authority of Development Code section 19.72.030(2), the applicant is requesting a variance from Development Code Sections 19.14.030(6), 19.22.1S0(C)(3) (e) and 19.22.1S0(C)(3)(f) to construct a 9S-foot tall freeway oriented sign with 346.S square feet of sign area per face, identifying seven tenants and a center identification monument that identifies six tenants. The subject property is irregular in shape and consists of 9.94 acres located at the northeast corner of University Parkway and the Interstate 21S northbound offramp, and is at the westerly terminus of the Shandin Hills area. BACKGROUND On June 2, 1992, the Planning Commission was scheduled to hold a properly noticed public hearing on Variance No. 92-10 together with Conditional Use Permit No. 9l-4S, which was a concurrent request to construct a SO,92S square-foot multi-tenant retail center. At the applicant's request, the hearing was continued to June 16, 1992. On June 16, 1992, Commission continued discussion. the hearing was closed the item to July 7, and 1992 the for Planning further On July 7, 1992, the Planning Commission denied Variance No. 92-10 by a 4 to 3 vote. Reasons for denial, as discussed by the commissioners, included statements that the excess sign area was unwarranted and that the flag test to determine the minimum height for freeway visibility was conducted inaccurately. The Planning Commission did, however, approve Conditional Use Permit No. 91-4S. On July 8, 1992, Quiel Bros. Sign Co. submitted an appeal of the Planning Commission's denial of Variance No. 92-10 (EXhibit 1). On July 16, 1992, the appellant conducted a new flag test. Planning staff and a City building inspector observed the flag test and determined that it had been conducted properly. The objective of 1- o 0 ~7--iance No. 92-10 aal of Planning Commission's Denial ~_~or and Common Council Meeting of August 3, 1992 Page 2 the flag test was to determine the minimum height necessary to determine the minimum height required to allow visibility of a sign, represented by a target, from a distance of three-tenths of a mile from the entrance of the northbound offramp. This distance would allow freeway traffic approximately 20 seconds to make the necessary maneuvers to exit the freeway after first seeing the sign. Based on the flag test results, the bottom of the target was 62 feet above the ground before it became visible from the observation distance: which translates to an overall height of 98 feet above natural grade, based on the proposed overall sign face height of 36 feet (revised from the originally proposed sign face height of 33 feet due to a different design). It is staff's determination that the height suggested by the flag test will create a negative visual impact that cannot be mitigated, and therefore cannot support the request: nor can staff support a variance for any of the other sign standards for reasons originally discussed in the Planning Commission staff report and findings. OPTIONS AVAILABLE TO THE HAYOR AND COMMON COUNCIL The Mayor and Common Council May deny the appeal and deny Variance No. 92-10. OR The Mayor and Common Council may continue the item, uphold the appeal, approve Variance No. 92-10 in concept and direct Staff to prepare positive findings. RECOMMENDATION It is the recommendation of Staff that the Mayor and Common Council deny the appeal and deny Variance No. 92-10 91-39 based on the Findings of Fact contained in Exhibit 5. Prepared by: Gregory S. Gubman Assistant Planner for Al Boughey, AICP Director of Planning and Building Services Exhibits: 1 - 2 - 3 - Letter of Appeal Statement of Planning Commission Action Official Notice of Public Hearing before the Mayor and Common Council Staff report to the Planning Commission dated July 2, 1992 (abridged to address variance request only) Revised Findings based on July 16, 1992 flag test 4 - 5 - 1- 0, " ~ '- GNS BY ~~!'.f.ee> 272 SOUTH I STREET, SAN BERNARDINO. CALIF. 92410 PH. 714-8854476 FAX 714-888-2239 July B, 1992 Mayor and Common Council City of San Bernardino 300 N. "D" st. San Bernardino, CA 92418 Dear Mayor and Common Council: We hereby appeal to you the decision of denial made by the Planning Commission at its meeting on July 7, 1992 for variance case No. 92- 10. On behalf of our client, Hr. Ari Miller dba Camden Development LTD. We feel that by the narrow margin of the three to four vote and the preceding discussions that the Planning Commission felt it was in their best interest to pass this along to you. We will be providing additional information regarding this matter within the next week; however it will be greatly appreciated if you could schedule this matter to be heard as soon as possible. THANK YOU. Sincerely yours, ~QUIEL ROS. ELE C SIGN t' W Gary Q~ilel Vice-President INC. C.C. Hr. Ari Miller ~~~~~~\Th , JU\, \) 9 '9:;O\~0 1'/ or SI'l'l b:~v.l'll'lI\'lG & CI AlfCME\'Ii 0 SEll~ICES oE.P QIlII.D1\'IG GQ/er SALES. SERVICE. LEASING. MAINTENANCE. CRANE SERVICE. NEON Colif. ConIroclonI U- No. 217345 "'"'__1- -'. '. .. ~ .. 1- o o city of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Variance No. 92-10 Applicant: Camden Development LTD Northwest Enterprises OWner: ACTION Meeting Date: July 7, 1992 X The Variance was Denied Based Upon the Findings of Fact (Attachment B.1). YQn Ayes: Nays: Abstain: Absent: Jordan, Lopez, Romero, Traver Clemensen, Ortega, stone None Cole, Valles I, hereby, accurately Commission certify that this Statement of reflects the final determination of the City of San Bernardino. Official Action of the Planning Al Boughey, Dire tor of Planning and Building Services cc: Project Applicant Project Property Owner Plan Check Engineering Division Case File STMTOFPCACTION Exhibit "2" o , o r CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT OFFICIAL NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL. " .... SUBJECT: (w~. J VARIANCE NO. 92-10' IAppeal) PROPERTY LOCATION: Subject property is an irregularly-shaped parcel of land consisting of about 9.94 acres located at the northeast corner of the I-215 northbound offramp and University Parkway having a frontage of about 485 feet on the north side of the I-215 northbound offramp and a frontage of 700 feet on the east side of University Parkway. PROPOSAL: The applicant is appealing the Planning Commission's denial of a proposed Variance of Code Sections 19.22.150(C) (3)(E), 19.14.030(6), and 19.22.150(C)(3)(e) to construct a 95 foot tall freeway oriented sign with 346.5 square feet of sign area per face which identifies 7 tenants and an entry monument which identifies six tenants in the CG-1, Commercial General, General Plan land use designation. PUBLIC HEARING LOCATION: SAN BERNARDINO CITY HALL COUNCIL CHAMBERS 300 NORTH '0" STREET SAN BERNARDINO. CA 92418 HEARING DATE AND TIME: Monday, Au~ust 3. 1992 2:00 A del.11e(! 0itscrJDh0n of the CWCIDOSIilI$ on ".. In me Pta"""'9 _ BUlIcswIg s.rw:.s ::I!~ a, City Hall. )' YO".Ol.lId",funnet 1nfOrm-ron atIouf-DnlOaUIDnCWIO-. ;)lJDlC n..""9. I*Ue ClOnIaCI me Plarww,g MCIBwong 5eMc::es nl_"._.. In ~ or Oy DnOnIng 1714131U-5057. ",. Ma~ ana Common Counct IS r--.ng your ~ "you...... 10 anena. you may SUDmnrwnn.n carnrnems In fhOrot at '"0D00sIlan I01ftePfOPOMlIO !he P1arvwng MIl 8uItdtng s.rv.c.s Deoartmem. SAn BemerdnD c., Hall. 300 Nonh .".. Street. San Bemlirarno. ~ 92.'8. Oeewons O/1he PIann.ng Cornmtu.on.. final ~ 0UIldlng rnovmos. Can- dltlOftaI Use Penna. Rev.ew Of PIll'll. T~ T~ Maos ana VMMc:es. ""'-- aoo.alea to the Mayor anct Commort Counel. AaoNas Ia .... Maycr Ind Common CounaI mU$f De m_ '" wntmg, SIaIIfI9 me grounds Of.,....... and mull be IUOn'IlIIIcftD_ Cily CIenI alOn9 WIttlIhe~," "'""'" IlttMn aaysOf lMGIcIIlon '_ClayStar Parat..... Md TItnlaIJve TrKI.....l. Genetaf PIM Anw.4......... ana Arqno.....,~ to me MutlICIPII Code.......... 'y be torwatOe(t ID the Mayor ana Common Counat,. hnaI aaon. 11 you ~ lM,......aclIOnot... Mayor andComrnonCouncfIncaun. rau ~y bit Ilmned 10 fIISIn9 onty 1l'IOM......,ouOt sorr..,......,...,....DUClk:'--'g desc:tlDtGll'lrtusl'ClhCe.OI"IfIWflftWICOil._~._~to...CityPlannngDw.a'l at. or DnOI' 10. tne JlUDIIC hMnnq. IntlMtttUIlI_'_...... :0_.. d_...1I M -lirnd_Iftt;..fIIl",__ - :-.,., $.Ir... 9f......0lJr00 ~..--N--.:;Sli...OCfS ; I i ,m 1- 0, :) PLANNING COMMISSION STAFF REPORT (ABRIDGED) REOUEST Under the authority of Development Code Section 19.06. 020, the applicant is requesting approval of Conditional Use Permit No. 91- 45 (CUP 91-45), to construct a 50,925 square-foot multi-tenant retail development. Concurrently, under the authority of Development Code Section 19.72.030(2), the applicant is requesting a Variance (Variance No. 92-10) from Development Code Sections 19.14.030(6), 19.22.l50(C) (3) (e) and 19.22.150(C) (3) (f) to construct a 95-foot tall freeway oriented sign and a center identification monument that identifies six tenants. SITE LOCATION The subject property is irregular in shape and consists of 9.94 acres located at the northeast corner of University Parkway and the Interstate 215 northbound offramp, and is at the westerly terminus of the Shand in Hills area (please see Site Plan, Attachment A.7 and Location Map, Attachment C). DEVELOPMENT CODE AND GENERAL PLAN CONSISTENCY The proposal is consistent with the Development Code except for the following components: 1. A 95-foot tall freeway oriented sign identifying seven tenants is proposed, whereas the Development Code allows a maximum height of 25 feet with identification of the center name and the major tenant only; 2. A center identification monument sign is proposed to identify six tenants, whereas the Development Code permits the identification of no more than three tenants; 3. A convenience store within 1000 feet of another convenience store, as measured from property line to property line, is proposed, whereas the Development Code requires a minimum distance of 1,000 feet between parcels containing such uses. The applicant is requesting a variance to permit item numbers 1 and 2 above. With respect to item number 3, the applicant has expressed an intention to parce1ize the subject property in the future to -1- 'P.vh;h;r fI..d" 1__,,,. o o --. ~rovide for the separate ownership of the independent pads. The applicant requests that a condition approval be added to this project requiring the recordation of a parcel map prior to the establishment of such a use. The proposed uses have also been found to be in conformance with the General Plan. The Development Code, which implements the General Plan land use element, permits the proposed project subject to approval of a conditional use permit. Please refer to the General Plan and Development Code consistency table (Attachment A.l) CEOA STATUS An Initial Study was prepared by staff and was presented to the Development and Environmental Review committee (DRC/ERC) on March 19, 1992 (see Attachment A.5). The DRC/ERC determined that the project could have a significant effect on the environment, in that insensitive grading could scar the hillside area to the rear of the subject property. Specific mitigation measures were enumerated in the Initial Study and, as a result, the DRC/ERC recommended a Mitigated Negative Declaration. The proposed Mitigated Negative Declaration was advertised and the Initial Study was available for public review and comment from March 26, 1992 to April 15, 1992. As ,f the writing of this staff report, no comments were received from ~he public. BACKGROUND On December 2, 1991, General Plan Amendment No. 91-11 (GPA 90-11) was adopted by the Mayor and Common council as Resolution No. 91- 491, changing the General Plan land use designation from RL, Residential Low to CG-l, commercial General. On November 12, 1991, the application for CUP 91-45 was submitted to the Planning Division. The application was first discussed by the Development Review Committee on December 5, 1991. The application was deemed incomplete on December 11, 1991 pending the submittal of required environmental studies. On February 19, 1992, the application was deemed complete. On April 30, 1992, the DRC/ERC cleared the application to the planning commission. On March 12, 1992, the application for variance No. 92-10 was submitted to the Planning Division. Pursuant to Government Code Section 65943(a) and (b) Variance No. 92-10 was deemed complete on April 11, 1992. ANALYSIS (CUP AKALYSXS DBLETED) site and Surrounding Area Characteristics -2- 1__".. - o o "'\ J The property is bounded by the freeway offramp to the southwest, university Parkway to the west, state street to the northwest and vacant and developed single-family residential properties to the east. other surrounding land uses consist of multi-family residential to the north, a fraternal organization and vacant commercial property to the west. Uses south of the freeway consist of a motel, a hotel, fast food restaurants, a gas station/convenience store and the state college Business park. SIGN V~RIANCE Under the authority of Development Code section 19.72.030(2), the application for Variance NO. 92-10 is a request to waive Development Code sections 19.14.030(6), 19.22.150(C) (3) (e) and 19.22.150(C) (3) (f) to construct a 95-foot tall freeway oriented sign and a center identification monument that identifies six tenants. Freeway siqn As discussed, the subject property is adjacent to the Interstate 215 freeway right-of-way, and is thus located within the Freeway corridor overlay District, as defined in Development Code Chapter 19.14. Development Code sections 19.14.030(6) and 19.22.150(C) (3) (f) permit a freeway oriented sign with a maximum overall height of 25 feet and a maximum sign area of 125 square feet per face which may identify only the name of the center or the major tenant. Due to the topography of the area, a 25-foot tall freeway oriented sign, as well as the entire center, would De completely blocked from the visibility of northbound traffic. The subject property is located north of the Shandin Hills Golf Course and is separated from the golf course by a large hill that forms the western boundary of the Shand in Hills area. The freeway edge of the hill has been cut to a 2: 1 slope to accommodate the passage of the freeway. To compensate for the visual barrier to the subject property, the applicant proposes to construct a 9S-foot tall dual pole sign with center identification and seven tenant sign panels. Heiaht To verify the need for the proposed height, a flag test was conducted on TUesday April 28, 1992 by the sign contractor, Quiel Bros., and was observed by staff. The intent of the flag test was to determine the minimum height required to allow visibility of a sign, represented by a target, from a distance of three-tenths of -3- 1- o o a mile from the entrance of the northbound offramp. This distance would allow freeway traffic approximately 20 seconds to make the necessary maneuvers to exit the freeway after first seeing the sign. Based on the flag test that was conducted, the bottom of the target was 67 feet above the ground before it became visible from the observation distance: which translates to an overall height of 100 feet based on the proposed.overall sign face height of 33 feet. However, it was later discovered by staff that the sign contractor had placed the target approximately 90 feet north of the proposed location as indicated on the submitted site plan. This misplacement resulted in the target being further obscured by the hill, requiring it to be raised higher, than it would have been if it had been placed in its correct location on site. The sign contractor later responded that the actual proposed location for the sign was inaccessible due to the existing terrain. Due to the improper placement of the target, staff considers the minimum height determined by the flag test to be invalid. However, the flag test did provide a reasonable indication that the maximum height of 25 feet allowed by the Development Code would be inadequate to provide freeway visibility. As a result, staff recommends denial of the variance at this time. The applicant may reapply for a variance to increase the height of the freeway sign after grading is complete and the proper sign location is accessible, at which time the applicant shall conduct a new flag test from the actual proposed sign location to determine the minimum height needed to provide freeway visibility at a distance from the offramp to be determined at the time of submittal. This flag test shall again be monitored by City Staff and the results shall be presented to the Planning Commission prior to approval. Number of Tenants Identified on Sian As shown on the elevations (Attachment B.4), the applicant proposes to identify the name of the center, as well as seven tenants. Development Code Section 19.15.030(6) permits a freeway oriented sign to Zdentify only the name of the center or one major tenant. There are no unique circumstances applicable to the subject property that would warrant the identity of additional tenants, in that this standard now applies uniformly to all freeway-adjacent commercial developments, regardless of the number of major tenants that they may have. Based on Development Code Section 19.22.l50(C) (3) (e), which allows surface street center identification monuments to identify the name of the center and up to three major tenants, staff considers it to be reasonable to allow freeway signs to identify the name of the -4- 1_-,,- - - - o o center and three major tenants as well. However a change in this standard for freeway signs should be applicable citywide, and should be addressed through a Development Code Amendment. Staff does not concur with the applicant's proposal to identify seven tenants, since this is far in excess of any mUlti-tenant identification allowed for any new sign in the city, and thus finds the proposal unwarranted. Additionally the amount of proposed signage would create a clutte~ed and confused appearance to the sign which would be a detriment to the area. sian Area The total square footage of the center identification channel letters and tenant sign panels proposed is 346.5 square feet. The Development Code allows a maximum of 125 square feet of sign area per face. There are no special circumstances that would warrant an increase in sign area: the topographic constraints on the subject property establish a need for additional height only. With an increase in height to compensate for the intervening hill, the sign will be just as visible with 125 square feet per face as a freeway oriented sign that is not located in a topographically restricted area. Sian Desian ;f the City is to grant a variance to allow a larger sign than is normally permitted by the Development Code, then the City should also require the highest standards of design to be applied in order to mitigate the visual impact that a large sign will have. The design proposed by the applicant (Attachment B.4) is rather spartan in overall appearance and ,provides very little in terms of architectural compatibility with the architecture of the proposed buildings, except for a token parapet feature at the top of the sign. The sign panels are arranged horizontally and vertically with respect to each other, creating a cluttered and confused appearance. The sign supports consist of two exposed tubular steel poles, which are inconsistent with General Plan Policy No. 1.45.6, which states that pole signs shall be prohibited in the California state University Area. For any freeway oriented sign, not, the following design illustrated in Attachment 8.4: whether approved by a variance or specifications be employed, as 1. Specific design elements used in the architecture of the center, such as raised relief, mouldings and tile, should be incorporated into the design of the sign. 2. All structural steel pole supports should be concealed within a monument structure or decorative pOle covers. Pole covers -5- ... o o ) should be square or rectangular in cross-section and each side should have a minimum horizontal width of four (4) feet. 3. sign text should read horizontally: that is, the sign text for the center identification and each tenant should be arranged in rows only. 4. sign text for the tenants' should consist of either channel letters or insertable panels with non-illuminated backgrounds painted to match the sign structure., 5. The entire sign, except for text, text panels and design elements described in Item no. 1 above, should be finished and painted to match the main finish and color of the buildings. Bntry Monument The Development Code allows a surface street oriented sign for a multi-tenant center to identify the name of center and up to three major tenants. The applicant is proposing to identify the name of the center and six tenants. There are no special circumstances applicable to the subject ~roperty that do not apply to other multi-tenant centers which ~ould warrant the identification of more than three major tenants. Therefore, staff recommends denial of this portion of the variance request. CONCLUSION The proposed uses are permitted in the CG-l land use designation. The proposed convenience store is not permitted due to the proximity of the subject property to another property that already contains a convenience store. The project is in conformance with the Development Code development standards, as summarized in Attachment A.1, and is consistent with the Development Code Design Guidelines. All known potentially negative impacts resulting from this project --such as traffic, security and environmental concerns--have been addressed and can be mitigated through design, conditions of approval and through the Mitigation Monitoring and Reporting Program. TOpographic constraints may warrant the granting of a variance to allow additional height to the proposed freeway oriented sign, but the applicant has been unable to establish the minimum height necessary to provide freeway visibility. There are no special circumstances uniquely applicable to the subject property to warrant the identification of the center or more than one tenant on the freeway sign. No special circumstances exist that would -6- 1--- ._ o o warrant an increase in the permissible sign area for any sign or to allow the identification of more than three major tenants on any sign. RECOMMENDATION It is recommended that the Planning Commission: 1. Adopt the Mitigated .Negative Declaration and Mitigation Monitoring and Reporting Program. 2. Approve Conditional Use Permit No. 91-45 for all uses proposed, except the convenience store, based upon the attached Findings of Fact (Attachment A.2), and subject to the attached Conditions of Approval (Attachment A.3) and Standard Requirements (Attachment A.4); 3. Deny Variance No. 92-10, based upon the attached Findings of Fact (Attachment B.1). Attachments: B. Variance No. 92-10 B.1 - Findings of Fact B.2 - Site Plan B.3 - Elevations Proposed by the Applicant B.4 - Elevation Concept for the Freeway Oriented Sign Recommended by Staff C. Location Map -7- 1__- ( 0;. Attachment "B.l" () , FINDINGS OF FACT CASE CUP 9l-45/VAR 92-10 AGENDA ITEM 5 HEARING DATE 6-2-92 PAGE ~ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ... PZKDINGS OP PACT POR vaRIANCB NO. 92-10 1. There may be special circumstances applicable to the property, with respect to topoqraphy, such that the strict application of the Development Code height requirements deprives the subject property of privileges enjoyed by other properties in the vicinity and under the identical land use district classification. Due to a large hill located south of the subject property, a 25-foot tall freeway oriented siqn may be completely obscured from the visibility of northbound traffic. However, due to the natural terrain of the subject property, the applicant and City staff are unable to determine the minimum height necessary to provide visibility of a freeway oriented siqn until qrading has been completed. There are no special circumstances applicable to the property to warrant the identification of the center and up to three tenants on the freeway oriented siqn. The Development Code permits a freeway oriented siqn to identify only the name of the center or the major tenant, and this standard applies uniformly to all freeway-adjacent commercial developments, regardless of the number of tenants that they may have. There are no special circumstances applicable to the property to warrant the applicant's proposal to identify seven tenants on the freeway oriented siqn, since this is far in excess of any mUlti-tenant identification allowed for any new siqn in the city. There are no special circumstances that would warrant an increase in siqn area: the topographic constraints on the subject property may establish a need for additional heiqht only. Assuminq that the height is increased to compensate for the intervening hill, the siqn will be just as visible with 125 square feet per face as a freeway oriented sign that is not located in a topographically restricted area. 1--- 0, o ~. r .. FINDINGS OF FACT CASE CUP 9l-45/VAR 92-10 AGENDA ITEM 5 HEARING DATE 6-2-92 PAGE ~ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT 2. The qrantinq of this variance request to allow additional heiqht to the freeway oriented,siqn may be necessary for the preservation and enjoyment of a substantial property riqht possessed by other properties in the vicinity and would otherwise be denied to the property for which the variance is souqht in that consideration for the topoqraphic constraints in the area has been given to other properties in the vicinity. Development Code Section 19.14.030(6) states that "buildinqs, such as hotels and restaurants, frontinq the freeway are entitled j;o have a freeway monument siqn and a buildinq siqn visible from the freeway." However, the applicant has not been able to clearly establish that. a freeway oriented siqn on the subject property will not have freeway visibility if the heiqht is restricted to the maximum heiqht permitted by the Development Code. There is no necessity for the identity of more than three tenants on any siqn or to permit an overall siqn area that exceeds the Development Code limitations in that such limitations apply uniformly to all properties in the vicinity and these limitations do not result in restricted visibility of the siqns themselves. 3. The granting of this variance request 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 siqn shall be constructed in conformance with the Uniform Building-~ode, Uniform Electrical Code and/or the Uniform Siqn Code by a California state licensed siqn contractor. City Buildinq and Safety Staff and shall verify that the siqn is has been properly desiqned and installed to withstand the hiqh wind conditions associated with the area of the subject property. ,. 0, , 8 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 9l-45/VAR 92-10 " FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE ~ 6-2-92 .... 4. The granting of this variance request may 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 all other commercially designated properties adjacent to the freeway are afforded the same considerations under Development Code Section 19.14.030(6) to have freeway visible identification. However, neither the applicant nor City staff have conclusively determined that a variance from the height limitations for freeway oriented signs is necessary for the proposed freeway sign to have freeway visibility. Granting a variance to increase the area of the signs or. to increase the number of tenants identified on the signs would constitute a special privilege in that there is no cause to allow exceptions to these standards, as discussed in Findings nos. 1 and 2. 5. The granting of this variance request would not allow a use that is not otherwise expressly authorized by the regulations governing the subject parcel in that the on-site identity of commercial uses is permitted by the Development Code. 6. The granting of this variance request will be inconsistent with the General Plan in that General Plan Policy No. 1.45.6 prohibits the development of pole signs in the California State University area. 1---. . , 1 j . j I ~ I I I o At~achment "B.20 - I m "I I I ,.'1 j I!'~! , ,I" ....... . ..........1 .- dU~ .1 :!hS:'t~ I I 'f ,. Ii! '~" I I '1:;1 - i , j II i Ii'. I 11'1 e.. . '~i u U'I lII111iUl f'tll" 'II~. - mi -."' ..... i III III !!!!!!!!!I n If 1m I~ '.. i !ui S'TE PL..,c:...J fof&- ~16"':' LO/' ....r".."r.Jc.. Mt" II. , '. . , I , \ i I I i ,. " .. lum v = .' .~. Ii I.; '~JIi; " I q . !l ,; iI~' I [I' ..~ Ii: \ I 1- 'I ,.:." iO, 'm. I im i) 1 ._....,...... J, '---..-. ..,-.-... .....~_.... ~ ~-.-~. -,p..-- - '. .~-.. ',.. ~ ..~ . \ ... . t ..~~acrunent. ~': H " I'i I ,. i" I +. . -' .ft.C:.I::7~ ...--...,..- 1-.- , >i ---_I 'VI.LAGE: ~.::.=r.o , ElC:J ~~~. ~ milT 0 = --:::-=:-.:::. t ~. 1~";11UIIT ~~'- to.O ~ L:J ~1I11T ~ I milT It =~...c:-"'::" . ~ 1--'--_. fi~ __. rr~ ~.,.,... ~.... . . ....-",.. ..~~ 4 ~~=::'.':.1::" CftoIi&ai~~__ .....- ~-~--.. .,-~,..- : I . I .........,.,.. : j I' .@ (';;f'.t....~,.,. .....,(~1Dhr ~.T-~. , .o...J 0 iI, , ;~:..~l ~ ~ f. .,'-."" f ~J ~ t'. t ! r i r . f ~ ! i ~ (, . 11 Ilflli : lInl'~ I '! I If ~I,illll 'I ," li,lli r I ~'I' I "ill, I II i I II ~~'l :iW~iflf i { , I .111'11 I'l I 1 r ~~ "II I,' I - .. ~I., II r I ~ F. " , , I . 1- o - At;tacllment "B. 4 ,,0 I r CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ~ VARIANCE NO. 92-10 ATTACHMENT 8.5 RECOMMENDED' ELEVATION CONCEPT FOR FREEWAY SIGN UNIVERSITY VILLAGE .- Gw.~II;:L. TENANT 1 L-i1"'ff'e? TENANT 2 TENANT 3 ~;f" "G,'-" . i , ~~P'6 .:::~r. ~et-1 ~~~Q I 1- o ....., A~tachment "e" \..) r CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-45/VAR 92- LOCA liON HEARING D;~E 6-2 -92 AGENDA ITEM . 5 - o o " FXHDXNGS OF FACT FOR VARXANCB NO. 92-10 1. There are special circumstances applicable to the property, with respect to topography, such that the strict application of the Development Code height requirements deprives the subject property of privileges enjoyed by other properties in the vicinity and under the identical land use district classification. Due to the topography of the area, a 25-foot tall freeway oriented sign, as well as the entire proposed development, would be completely obscured from the visibility of northbound traffic. The subject property is located north of the Shand in Hills Golf Course and is separated from the golf course by a large hill that forms the western boundary of the Shand in Hills area. There are no special circumstances applicable to the property to warrant the identification of the center and up to three tenants on the freeway oriented sign. The Development Code permits a freeway oriented sign to identify only the name of the center or the major tenant, and this standard applies uniformly to all freeway-adjacent commercial developments, regardless of the number of tenants that they may have. There are no special circumstances applicable to the property to warrant the applicant's proposal to identify seven tenants on the freeway oriented sign, since this is far in excess of any multi-tenant identification allowed for any new sign in the City. There are no special circumstances that would warrant an increase in sign area; the topographic constraints on the subject property establish a need for additional height only. with an increase in height to compensate for the intervening hill, the sign will be just as visible with 125 square feet per face as a freeway oriented sign that is not located in a topographically restricted area. 2. The granting of this variance request to allow additional height to the freeway oriented sign is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the vicinity and would otherwise be denied to the property for which the variance is sought in that consideration for the topographic constraints in the area has been given to other properties in the ~........;h;t "5" 1- - - c o vicinity. Development Code Section 19.14.030(6) states that "buildings, such as hotels and restaurants, fronting the freeway are entitled to have a freeway monument sign and a building sign visible from the freeway." However, these uses will not have freeway visibility if their associated signage is required to comply with the Development Code standards. There is no necessity for the identity of more than three tenants on any sign or to permit an overall sign area that exceeds the Development Code limitations in that such limitations apply uniformly to all properties in the vicinity and these limitations do not result in restricted visibility of the signs themselves. 3. The granting of this variance request will be materially detrimental to the public welfare and injurious to the properties and improvements in the .vicinity and land use district in which the property is located in that the visual impact of a freeway identification sign constructed to the height proposed is intrinsically negative, and therefore cannot be mitigated. 4. The granting of this variance request 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 all other commercially designated properties adjacent to the freeway are afforded the same considerations under Development Code Section 19.14.030(6) to have freeway visible identification. Granting a va~iance to increase the area of the signs or to increase the number of tenants identified on the signs would constitute a special privilege in that there is no cause to allow exceptions to these standards, as discussed in Findings nos. 1 and 2. 5. The granting of this variance request would not allow a use that is not otherwise expressly authorized by the regulations governing the subject parcel in that the on-site identity of commercial uses is permitted by the Development Code. 6. The granting of this variance request will be inconsistent with the General Plan in that General Plan Policy No. 1.45.6 prOhibits the development of pOle signs in the California State university area. 1- - - - . ; I ~ ''l' ~ ~ '"'1' .,' -t n ~ ,. . r:/I; ". .' ." . Channal Letters ; ..~ --~~'l ~ rrll : 0 "HA" ; "IA'; _ .~ q_. q __ f. [1,/1 ~II /TEHANTJ rTENA~ building. 'lIfFl Fluor..cent I"ifl Internally !HIll Illuminatad cabinet lil" ;[ rEN~N;1 H!H TENANT !:lih I'll' - - .. fh~,! ~ Ill/!l N TENANT ;lj!!i I .I.m lillll Not., Revi.ed 5/20/92 To conform to revi..d building 4..1qn. A aor. dee_tled dravlnq ~ 0 will be fabricatad upon ~ approval to include any other ,.J condition. required during - ~ ~ I. tn. review proc.... f 1! t , I I , " . ~ >1 '" j1I I" ~, ,i' ..;: IT, ~, It I II' ~ Support coluan~ to be textured , V tinish to JIlatCb bul1cUng. "- I ~: L. ~4 r I~ i ! 'l>.ij . \IIi I ~ t\\" I 1 .... . p ~~~~ i~ t ~..... !~ - ~ ~~ j ,8 = -< ~ ~i %. % 'i; i 11I1 it! ! "i ~~ I ". C" id f,<:~ ~ ...~~ ~~ ~~ ! ; , t tl' . ! n ti: ~ ~ll ~ ~ ~j I ~J;.\ "'~i . . . I \\ i l ~ & . a ~i {n Exhibit liB" 8 ~ a '" ~ A ~ .. 1"11, ~ 1111 ::: ~rll!111 : ~[/II:II ~ '1'11111 ~ . \111 1. !-ul 4'~. --~4~ 1. I ~ ld ;\S'2~(!llZ ~"~g~..9 !!~~s ~li:i ~i; ,Xl ~~~Pr; :l1l~ ..~~ ~ ~ ii ~~ 'Z ~ii~"i l!n ~. g,!~~ if PH,oJ 19q~':.. mm m~::z.i)& ~B ~ j~-i ~ 'Ii' .-'-.<'" .. ^ ~.. $ ~.i i.dga~ ri"~~ A.i"HI . i ,.~ t;l'h ~~t . ::;!"::r ~~ '.'.i' l'ip!~~ i- "':\ ~ ~~~-~i ,..~ .~ .!l ~ ~..il it.. 'I ,: ~, -- I ~~~~l~ -l~~ ~"': ~ tIi ~. ?;: ~ 'tV \~ ~ '>! '>;j < ~ ~t~~~ \;):'\.. \ ~ ~ \J\'1'~ ~ ~ , ~ \ I~ \ 11\ , , ~ ~ ~ ~ { ~ ~ ~~~~~ I ! ~yW~ ~ ~ IP ~ { l>~t~. ~ ~ ~ '-' I ~ )0. ~ ' t D ~~~~~ , : ii .~ ~~:\:l~ !i' ~~~~& ~It~lt~ -fI,! ~~ ~ t ~t~~ ~ ~ ~ ! ~H ~~ ~~~ ~~ ~ i ;'; ~H'''~ ~ I ~ ! ~~ ~ rJ i ~ ~! .1 !~ ~ ~ \ ~ ~ ~~~ ~ ~ ~ ~n ~ ~ ~ ~H ~ r ~ ~ ~f ~i~~~' t: . \{\ '-l ~ . ~ ~ '" ~ N en o vc :1:-< :I: n::1- t. ""00 '" cD ~ ~~:u , '" m '::' j,. m ! !i.4 , "'en . ,. , z 1 ~ rn ~ ,. m z X:U . ~ z ~ ,. ~ f";tI ~~2 . "' z ",0 "'. "'n "',. '" '" ~ o ~f ~H Only Freeway Oriented Businesses located Within this Shopping Center shall be Allowed to be Displayed on this Sign. A Maximum Total of 200 Square Feet of Copy and/or Logo Area per each Sign Face. ( o c :;; '" ~ o '" m r m n ~ ~ n '" Gi z '" m ~ < n m n o -f . Z' I(/, , IZ' t' Z n " , I\j " ~'--'; :II ~t-J - " '\) " , "t- o: t - u_ 't . , 'It . tt TENANT TENANT COPY ANO lOGO Individual Internal Neon Illuminated Pan Channel letters. TENANT TENANT 'It - - =:-'t{ , 't TENANT TENANT I l " .. '~~'I '" " , , I I SIGN ANO SQUARE Pll.E COVERS To_have a Textured Finish Painted to Match the Building Color. ~ -& 't \( ~ , ~ " ~ . I DECORATIVE TILE To Match Building Tile. . OLEANOERS Oleanders to be Planted at Sign Base to Reach a Height of 15 feet In Order of help Screen Base of Sign. J t , / \ ' l~:..;:., ,;,,~ ~f~,.', )-'b o c m r " ~ o en m r m n ~ ~ o en c; z '" m ~ < o m n o Z n