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CI() OF SAN BERNARDOO -. REQUOT FOR COUNCIL ACX)ON
Planning
RtC'D~':ADIftlt6Ifr.
IS88 APR 22 At! 4: /I
Appeal of Conditional Use
Permit No. 87-28
From:
R. Ann Siracusa
Director of Planning
Dept:
Mayor and Council Meeting of
May 2, 1988, 2:00 p.m.
Date:
April 15, 1988
On February 2, 1988, the Planning Commission denied Conditional
Use Permit No. 87-28.
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Synopsis of Previous Council action:
Vote: 5-4
Recommended motion:
That the Mayor and Council deny the appeal and deny Conditional
Use Permit No. 87-28.
,
Siracusa
Contact person:
R. Ann Siracusa
Phone:
384-5357
Staff Report
Ward:
3
Supporting data attached:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct, No,)
(Acct, DescriDtionl
Finance:
Council Notes:
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Agenda Item No, 3 t,
CI~ OF SAN BlRNARDQo - REQUQT FOR COUNCIL AeQON
STAFF REPORT
Subject: Appeal of Conditional Use Permit No. 87-28
Mayor and Council Meeting of May 2, 1988
REOUES~
The applicant requests appeal of the decision of the Planning
Commission to deny Conditional Use Permit No. 87-28, and to
gain approval to repair and remodel an abandoned, nonconform-
ing, off-premise sign and to vary Code Sections
19.60.250(A.3) - Maximum Height for an Off-Premise Sign, 32
feet (42 foot height proposed), 19.60.250(A.4) - Setback From
Public Right-of-Way, minimum 10 feet (7 feet proposed), and
19.60.250(A.8), Minimum Distance from a Freeway Right-of-Way,
600 feet (71 feet proposed).
BACKGROUND
In the early 1970's, the original sign was approved based on
the isolation of the Quality Inn (then the Holiday Inn) and
the location of the motel in relation to freeway off-ramps.
Since that time, the Auto Plaza has commenced construction
and greater visibility to the motel is supplied.
In April, 1986, the Mayor's Office directed the Planning
Department to seek removal of an abandoned, non-
conforming off-site premise sign through the efforts of the
More Attractive Community (MAC) program. After several
letters and official notifications, a citation to remove the
sign was issued. When no action resulted from .the citations,
the City Attorney's Office commenced court action.
The sign existed to aid travelers with direction to the
Holiday Inn located at the northwest corner of Fairway Drive
and Camino Real. HOliday Inn closed and the buildings were
purchased by Quality Inn. The off-premise sign remained with
the words '-Holiday Inn- painted out. Directions remained on
the two faces of the signs, but the sign did not say to where
the direction lead. After a period of 180 days, the off-
premise sign became legally -abandoned.-
Over the course of two months, three letters and notices were
sent to the Quality Inn requesting removal of the sign. After
correspondence, the Quality Inn was informed legal action
would commence if the sign was not removed. Quality Inn
retained an attorney who held meetings with various people
within the City, most of whom are no longer with the City.
Deadlines for filing applications to remodel the sign were
extended several times from May 29, 1986 to April 9, 1987
when this Conditional Use Permit application was submitted.
75-0264
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Appeal of Conditional Use Permit No. 87-28
Mayor and Council Meeting of May 2, 1988
Page 2
At that time, the City preferred the Conditional Use Permit
procedure for off-premise sign approval.
On May 4, 1987, the application was deemed incomplete and a
letter sent to the applicant. On June 11, 1987, the
requested information was received by the' Planning
Department. On the afternoon of June 11, 1987, the Office of
Planning and Research restrictions were placed on San
Bernardino whereby very little activity was permitted to
proceed. The application for Conditional Use Permit 87-28
was placed in the moratorium hold drawer. The case was
reactivated in late November 1987 by the City Attorney's
Office due to court continuance and relaxation of the
restrictions imposed upon the City by the Office of Planning
and Research.
A second sign, an on-premise freeway sign, was appr~ved by
Variance, on March 18, 1986 for the Quality Inn. That sign,
which exceeds maximum height and area permitted by Code, was
approved by the Planning Commission. A condition of approval
for the variance was that a 66 square reader board be deleted
from the proposed sign. That condition was appealed to the
Mayor and Common Council. The decision of the Mayor and
Conmon Council on April 21, 1986 was to uphold the appeal and
allow the reader board to be placed on the sign. That sign
has been installed. Its height is 60 feet and the total sign
area, including the changeable copy reader board, is 356
square feet. This sign already provides adequate space for
Quality Inn to give access direction.
On February 2, 1988, the Planning Commission voted five to
four to deny the requested refurbishing of the sign. On
February 16, 1988, a letter of appeal which failed to state
the reason for appeal was accepted by the City Clerk's office
with the stipulation that a more complete letter be submitted
immediately (Attachment Bl. On March 17,1988, a letter was
,sent to the appellant stating that ten days would be given to
receive the letter requested one month earlier. On March 28,
1988, a revised letter of appeal was received by the City
Clerk's office which states that the appeal is based on
arbitrary and capricious actions of the Planning Commission
and that the decision was based on a previous action (Attach-
ment Al.
~JQF_ ~NILCi>lll~!:;n._'pP~IONS
The Mayor and Council may:
1. Uphold the appeal and approve Conditional Use Permit No.
87-28, subject to making positive Findings of Fact and
the addition of any appropriate conditionsi or
.
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Appeal of Conditional Use Permit No. 87-28
Mayor and Council Meeting of May 2, 1988
Page 3
2. Deny the appeal and deny Conditional Use Permit No. 87-
28 based on the Findings of Fact contained in the
original staff report dated February 2, 1988 (Attachment
D).
RECOMMEtmM'll>li
It is recommended that the Mayor and Council deny the appeal
and deny Conditional Use Permit No. 87-28.
Prepared by:
Sandra Paulsen, Senior Planner
for R. Ann Siracusa, Director of Planning
Attachments:
A -
B -
C -
D -
Revised Letter of Appeal Dated 3/28/88
Response to Original Letter of Appeal
Original Letter of Appeal
Planning Commission Staff Report
mkf/4/15/88
M&CC:CUP8728
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OTACHMENT A
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LAW O,.,..CES
SINGER & SIL.VERGL.EIO. INC.
.... NEAL SINGE"
NAOMI SILVC"OL.1I10
EDWARD DUDDY
42.. ORANGE STREET
P. O. BOX 78.
"IVEASIDI:.CALIP'ORNIA 82502
TEL.l:PHONE 78.-0500
MltA CODE n4
March 28, 1988
Common Council
City of San Bernardino
300 N. "D" Street
San Bernardino, CA 92418
Re: conditional Use Permit No. 87-28
Addendum to Notice of Appeal
Gentlemen:
please take notice that the undersigned wishes to appeal
the decision of the Planning commission on the basis that the
actions of the Planning Commission were arbitrary and capricious
in that the majority based their decision on extraneous factors,
to wit, a previous decision, Variance No. 86-4.
Applicant states that the conditional use permit is
necessary for the preservation and enjoyment of a substantial
property right in that applicant is not requesting a new sign
but merely to maintain and refurbish the existing sign which has
existed on the property.
Very truly yours,
SINGER & SILVERGLEID, INC.
Y1~..v'
Naomi silverglei
Attorney for Applicant
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OTACHMENT B 0
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ERN ARDIN 0 300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 9241B
March 17, 1988
Ms. Naomi Silvergleid
Silvergleid and Singer
P.O. Box 788
Riverside, CA 92502
Subject: Appeal of Planning Commission Decision on
Conditional Use Permit No. 87-28
Dear Ms. Silvergleid:
On February 16, 1988 you delivered a notice of appeal to the
City Clerk's office. You were notified at the time that the
notice of appeal was inadequate in that no reason for the
appeal is stated. You indicated that a revised letter would
be delivered the next day, February 17, 1988. To this date,
no letter stating the reason for the appeal has been received
by the City. If no letter is received by March 28, 1988, it
will be assumed by the City that the appeal has been
abandoned.
If you need further information, contact the Planning Depart-
ment at (714) 384-5057.
Sincerely,
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City Clerk
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cc: Planning Department
Lek vonKaesborg III, Deputy City Attorney
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O'ACHMENT C 0
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LAW OFFICES
SINGER & SIL.VERGL.EIO, INC.
"". NEAL SINGE"
NAOMI S'LvERGL.EID
EDWARD DUDDY
4288 ORANGE STREET
... O. BOX 788
RIVERSIDE,CALIP'ORNIA 82502
TELEPHONI: 784-0500
AREA CODIl 714
February 11, 1988
Common counsel
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Re: conditional Use Permit No. 87-28
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NOTICE OF APPEAL
Please take notice that the undersigned wishes to appeal
the decision of the planning Commission of the City of San
Bernardino to deny the application for Conditional Use Permit
No. 87-28 by a vote of 5 to 4 on February 2, 1988.
Very truly yours,
SINGER & SILVERGLEID, INC.
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Naomi Silvergleid
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c:fTACHMENT D c:>
BERNARDINO PLANNING
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DEPARTMENT ""l
r CiTY OF SAN
SUMMARY
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AGENDA ITEM
HEARING DATE
WARD
5
02/02/88
3
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CONDITIONAL USE PERMIT 87-28
APPLICANT: NAOMI SILVERGLEID
Singer & Silvergleid
P.O. Box 788, Riverside, CA 92502
OWNER: J. H. M. California, Inc.
dba Quality Inn
880 S. Pleasantburg Drive
The applicant requests approval under authority of San Bernardino
l1unicipal Code Section 19.78.025(C) as defined by the City
Attorney's Office, to remodel an abandoned, non-conforming
off-premise sign, and to deviate from the required setbacks
from a public right-of-way and a freeway right-of-way and to
increase the height from 24 feet to a height of 42 feet which
exceeds the maximum allowed height of an off-premise sign
which is 32 feet.
The subject 2.l-acre site is on the west side of Camino Real
approximately 535 feet north of Fairway Drive in the C-3A
zone.
PROPERTY
Subject
EXISTING
LAND USE
Abandoned. non-conf.
off-premise sign
24 ft' ht.
Car Lot
Quality Inn
I-2l5 Freeway
Vacant
GENERAL PLAN
DESIGNATION
ZONING
C-3A
C-3A
C-3A
C-3A
C-3A
General Commercial
General Co~_ercial
General Co~nercial
General Commercial
General Commercial
North
South
East
West
A t%'U~e/~EI~a 0 lID YES FLOOD HAZARD DYES OZONE A ~YES
HAZARD ZONE ONO ZONE Iia NO OZONE B SEWERS oNO
HIGH FIRE DYES AIRPORT NOISE / ~YES '" a k
REDEVELOPMENT YES
HAZARD ZONE fiiJNO CRASH ZONE ONO PROJECT ARE^ ONO
..J o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL
~ APPLICABLE E FFE CTS 0
WITH MITIGATING - 0
Z(I) MEASURES NO E,I.R, ti CONDITIONS
laiC!) l&I EXEMPT o E,I.R, REQUIRED BUT NO ...Q iii
2Z ...15 DENIAL
Z- SIGNIFICANT EFFECTS
OQ WITH MITIGATING ~2 0 CONTINUANCE TO
a:Z MEASURES (1)2
>ii: 0
z ONO o SIGNIFICANT EFFECTS U
UJ SIGNIFICANT SEE ATTACHED E,R. C, UJ
EFFE CTS MINUTES II:
NOV. 19" RIVIIED ,",ULY I..a
SKY
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,CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP 87-28
OBSERVATIONS
,
AGENDA ITEM 5
HEARING DATE 02/02/RR
P& ') ,
1 . REOUEST
The applicant requests approval under authority of San
Bernardino Municipal Code Section 19.78.025(C) as
defined by the City Attorney's Office, to repaint an
existing, abandoned non-conforming sign face and to
replace the pole to raise the height of the sign from 24
feet overall height to 42 feet overall height. In
addition, a variance from Code Sections 19.60.250 (A4.) -
10 feet minimum distance to a public right-of-way,
19.60.250(A8.) - 600 feet mininum distance to a freeway
right-of-way, and 19.60.250(A3.) - maximum height
allowed for an off-premise sign, 32 feet is requested.
The applicant requests approval to place the sign within
7 feet of the Camino Real right-of-way, within 71 feet
of the I-21S right-of-way, and to replace the existing
24 feet pole with a 42-foot pole. (See Attachment C)
2. LOCATImi
The subject 2.l-acre site has a frontage of approxi-
mately 230 feet on the west side of Camino Real Drive,
approximately 535 feet north of Fairway Drive. (See
Attachemnt D)
3. HYNICIPAL CODE AND ~QQNFORMANCE
The proposed remodeling of the Off-premise sign is
inconsistent with the Municipal Code and may not be
consistent with the Office and Planning Research letters
dated June 11, 1981, July 3, 1987 and August 18, 1987
which require projects to be consistent with the pur-
poses of the updated general plan. Those purposes
include such factors as urban design and quality of life
with the intent of raising standards. Those standards
may preclude the proposed sign.
4. CEOA STA1l!~
A Conditional Use Permit to remodel an existing off-
premise sign and the associated deviations from code are
categorically exempt from the requirements of California
Environmental Quality Act Section 15305, Class 5.
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,CITY OF SAN BERNARDINO PLANNING DEPARTMENT ""'
CASE CUP 87-28
,
OBSERVATIONS
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AGENDA ITEM 5
HEARING DATE 02/02/88
. PAGE ~
5. BACKGROUND
In April, 1986, the Mayor's Office directed the Planning
Department to seek removal of an abandoned, non-
conforming off-site premise sign through the efforts of
the More Attractive Community (MAC) program. , After
several letters and official notifications, a citation
to remove the sign was issued. When no action resulted
from the citations, the City Attorney's Office commenced
court action.
The sign existed to aid travelers with direction to the
Holiday Ihn located at the northwest corner of Fairway
Drive and Camino Real. Holiday Inn closed and the
buildings were purchased by Quality Inn. The off-
premise sign remained with the words -Holiday Inn-
painted out. Directions remained on the two faces of
the signs, but the sign did not say to where the direc-
tion lead. After a period of 180 days, the off-premise
sign became legally -abandoned.-
Over the course of 2 months, three letters and notices
were sent to the Quality Inn requesting removal of the
sign. After correspondence, the Quality Inn was informed
legal action would commence if the sign was not removed.
Quality Inn retained an attorney who held meetings with
various people within the City, most of whom are no
longer with the City. Deadlines for filing applications
to remodel the sign were extended several times from May
29, 1986 to April 9, 1987 when this Conditional Use
Permit application was submitted. At that time, the
City preferred the Conditional Use Permit procedure for
off-premise sign approval.
On May 4, 1987, the application was deemed inCOmplete
and a letter sent to the applicant. On June 11, 1987,
the requested information was received by the Planning
Department. On the afternoon of June 11, 1987, the
Office of Planning and Research restrictions were placed
on San Bernardino whereby very little activity was
permitted to proceed. The application for Conditional
Use Permit 87-28 was placed in the moratorium hold
drawer. The case was reactivated in late November 1987
by the City Attorney's Office. The case was reactivated
due to court continuance and relaxation of the restric-
tions imposed upon the City by the Office of Planning
and Research.
"
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,CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP 87-28
OBSERVATIONS
AGENDA ITEM 5
HEARING DATE 02/02/88
PAGE A '
A second sign, an on-premise freeway sign, was approved,
by Variance, on March 18, 1986 for the Quality Inn. That
sign exceeds maximum height and area permitted by code,
was approved by the Planning Commission. A condition of
approval for the variance was that a 66 square reader
board be deleted from the proposed sign. That condition
was appealed to the Mayor and Common Council. The
decision of the Mayor and Common Council on April 21,
1986 was to uphold the appeal and allow the reader board
to be placed on the sign. That sign has been installed.
Its height is 60 feet and the total sign area, including
tpe changeable copy reader board, is 356 square feet.
This sign already provides adequate space for Quality
Inn to give access direction.
6. ANALYSlR
The purpose of this request is to remodel an off-premise
sign (which is in addition to the existing on-premise
sign) to give direction to freeway travelers who may
wish to stop at the Quality Inn. The sign was abandoned
180 days following removal of wHoliday Innw from the
sign.
Three Code Sections must be varied to allow the remodel-
ing of this sign:
1. San Bernardino Municipal Code Section 19.60.250
(A3) which establishes 32 feet as the maximum
height of an off-premise sign, the request is for a
42 feet sign but the existing sign to be remodeled
is only 24 feet in height 1
2. San Bernardino Municipal Code Section 19.60.250(A4)
which requires a minimum setback of 10 feet from a
public right-of-way for an off-premise sign, the
request is for a set back of 7 feetl and
3. San Bernardino Municipal Code Section 19.60.250IA8)
which states no off-premise sign shall be located
within 600 feet of a freeway right-of-way if the
sign face is visible from the freeway right-of-way,
the request is for approximately 71 feet from the
freeway right-of-way.
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,CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP 87-28
OBSERVATIONS
AGENDA ITEM 5
HEARING DATE 92/02188
'PAGE 5
Although the application indicates a request to repaint
the existing pole, apparently the intention is to remove
the existing pole (not paint it) and replace it with a
new pole which is 18 feet higher than the existing pole.
The new pole is to be placed 7 feet from public right-
of-way and 71 feet from the freeway right-of-way, the
same non-conforming location as the existing off premise
sign to be remodeled.
Because it is a higher and different pole, state permits
from CalTrans are required.
The directions written on the sign face are lengthy.
From the north bound lane the sign reads: -Exit Orange
Show to light, right to Fairway Dr.- Both directions of
the freeway carry 4 lanes at this site. To read the
sign, assuming an exit and hotel are desirable at this
point in travel, a driver would need to focus on the
sign across 8 lanes of traffic at a speed of 55 mph,
negotiate moving an additional lane where the I-10
freeway enters the I-2l5 northbound, and remember to
exit at Orange Show Road and turn right at Fairway and
proceed west to find the Quality Inn. From the south-
bound lanes, a traveler must decipher the signage
through a stand of palm trees. Southbound, the proposed
directions read: -Quality Inn, I-IO West, exit Sperry
Dr., Right on Fairway Dr.- Then the driver must move to '
the proper lane for the I-IO West interchange and remem-
ber the directions to the Quality Inn.
The parcel on which the off-premise sign is located has
a depth of 468 feet. Although it is not possible to
relocate the sign to bring it into conformance with the
600 foot setback from the freeway right-of-way
requirement, the location could be brought into closer
compliance with the requirement. There is adequate area
to permit a conformance with the 10 foot setback from
public right-of-way requirement.
Projects approved on the interim during the update of
the general plan are required to be in conformance with
the purposes of the updated plan. As part of the
General Plan Revision, the Citizens Advisory Committee
will evaluate such factors as urban design and quality
of life. The purpose is to raise standards and reduce
urban clutter of the environment.
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,CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP 87-28
OBSERVATIONS
AGENDA ITEM 5
HEARING DATE O~ /02/88
, 'P&
7. CONCLUSION
There is an existing 60 foot freeway sign at Quality
Inn. This sign has 66 square feet of reader board on
which directions could be placed. There is adequate
area on the parcel to relocate the sign to a site which
would conform to code regarding distance from a public
right-of-way. The evidence is that this is not a
request to remodel an existing sign, but rather a
request to install a new, higher pole. The new sign
would require state permits.
8 . RECOMM~Pb.1'l.Qli
Based on the Observation and Findings of Fact, staff
recommends denial of Conditional Use Permit 87-28.
Respectfully submitted:
R. ANN SIRACUSA
Director of Planning
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SANDRA PAULSEN
Acting Principal Planner
Attachment A - Municipal Code and General Plan Conformance
B - Findings of Fact
C - Elevation - Existing and Proposed Off-premise
Sign
D - Existing On-premise Sign
E - Location Map of Existing On-premise and Pro-
posed Off-premise Signs
F - Location Map
SP:lmc
PCAGENDA
CUP8728-0
01:25:88
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP 87-28
FINDINGS of FACT
5
02/02/88
9
AGENDA ITEM
HEARING DATE
PAGE
ATTACHMENT B
VARIANCE
VARIANCE FINDINGS - (Section 19.74.020 SBMC)
1. There are no exceptional or extraordinary circumstances
or conditions applicable to the property involved, to
the intended use of the property, which do not apply
generally to other property in the same zoning district
and neighborhood in that no other business in the area
has an off-premise sign designed to give freeway traffic
directions to the business.
2.
The variance
enjoyment of
applicant in
no different
is not necessary for the preservation and
a substantial property right of the
that the situation and site of the motel is
than other business along Camino Real.
3. The granting of the variance could be materially detri-
mental to the public welfare or injurious to property
and improvements in the zoning district and neighborhood
in which the property is located in that approval of
this sign could set a precedent for future sign requests
which could lead to a cluttered urban environment.
4. Granting the variance could be contrary to the purposes
of the updated general plan, which will include urban
design and quality of life factors, the intent of which
is to raise standards.
SP:lmc
PCAGENDA
CUP87-28FV
01:26:88
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Existing Height - 24 ft.
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ATTACHMENT C
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ATTACHMENT D
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EXISTING ON-PREMISE FREEWAY SIGN
(Var. 86-4)
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ATQCHMENT E 0
PROPOSED OFF-PREMISE AND EXISTING ON-PREMISE SIGNS
CITY OF SAN BERNARDINO PlANNt.lG DEPARTMENT
LOCATION
CASE Conditional Use Permit
R7-?R
HEARING DATE 02102/88
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B-Existing On-premise Freeway Sign r
distance A to B approx. 680 ft.
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AGENDA
ITEM #
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ATTACHMENT F
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT AGENDA
ITEM #
LOCATION CASE Conditional Use Permit
87-28 5
HEARING DATE 02/02/88
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