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HomeMy WebLinkAbout67-Planning . CITY OF SAN BERt4MDINO/ lrREQUEST .QR COUNCIL ACTION From: Larry Reed Director Dept: Planing/Building and Safety Subject: APPEAL OF PLANNING COMMISSION'S DENIAL OF REVIEW OF PLANS NO, 89-10 Mayor and Common Council Meeting November 10, 1989, 2:00 p,m, Date: Synopsis of Previous Council action: No previous Council action, On October 3, 1989, the Planning Commission by a 6 to 1 vote, denied the applicant's appeal of Review of Plans No. 89-10, Recommended motion: That the Public Hearing be closed and the appeal be denied. -OR- That the Public Hearing be closed, the appeal be denied and the applicant be advised that he has the option of filing for a General Plan Amendment (GPA) after December 2, 1989 -- as set forth in the Staff Report. ..,. ffd:"c.7'-1 LARRY REEr{ / k'~/ e.C v'-/ Signature Contact person: Larry Reed Phone: (714) 384-0;00;7 Supporting data attached: Staff Reoort Ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct, No.! (Acct. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No '7 , city OF $AN BER~DINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: APPEAL OF PLANNING COMMISSION'S DENIAL OF REVIEW OF PLANS NO. 89-10 MAYOR AND COUNCIL MEET lUG - NOVEMBER 20, 1989, 2:00 P.M. REOUEST The applicant, Heywood Company, is appealing the denial of Review of Plans (ROP) No. 89-10 by the Development Review Committee and the Planning Commission. The applicant requests that the Mayor and Council reconsider the denial and approve Review of Plans No. 89-10 for the construction of a billboard. BACKGROUND Review of Plans No. 89-10 is a request under San Bernardino Municipal Code 19.60.250 (B) to construct a 300 square foot, 32 foot high replacement billboard on a 0.6 acre site located on the west side of Waterman Avenue, 644 feet north of Hospitality Lane and adjacent to San Timoteo Creek. Application for Review of Plans No. 89-10 was submitted to the Planning Department on February 23, 1989. This application was a request to establish a new billboard by removing a billboard from another location. However, the billboard proposed for removal had already been demolished in 1986. Therefore, the Planning Department requested a legal interpre- tation of the Code section to determine if any off-premise sign that had already been removed or demolished could count as credit toward a replacement sign, and to determine if billboards or signs are considered "structures" and are, therefore, required to comply with the setback provisions of the Code. The legal interpretation from the city Attorneys' office (Attachment "C") was received by the Department on March 23, 1989. The interpretation required that a "presently existing sign" be a condition for a proposed replacement sign; and, that a billboard was a structure that had to comply with the setback requirements. On March 23, 1989, an "incomplete letter" was sent informing the applicant of these requirements. On June 12, 1989, staff wrote a letter to the applicant indicating that the General Plan adopted June 2, 1989 included a policy (1.45.1) which prohibits the construction of any new billboard in San Bernardino.JJPolicy 1.45.1 states, "Prohibit the development of new billboards in the city except as on- site replacement of existing units." 75.0264 . Appeal of No. 89-10 Mayor and 2 Plannin~commission Denial of Revi~ of Plans ! council Meeting of 11/20/89 On August 17, 1989, the Development Review Committee denied Review of Plans No. 89-10 based on an inconsistency finding with the General Plan. The applicant submitted an appeal request on August 17, 1989. On October 3, 1989, the Planning Commission, by a 6 denied the applicant's appeal of Review of Plans based on an inconsistency finding with the General October 13, 1989, the applicant submitted an appeal the Mayor and Council. to 1 vote, No. 89-10 Plan. On request to BASIS OF APPEAL The applicant contends that it was not the intent of the Mayor and Council to repeal the provisions of the existing sign ordinance without a public hearing specifically addressing those issues. Secondly, the applicant contends that the application meets the qualifying requirements for a replace- ment sign. ANALYSIS AND CONCLUSIONS The intent of the Mayor and Council in the adoption of the Urgency Ordinance and the General Plan is clear. The policies of the General Plan were reviewed at many public hearings prior to its adoption. Those policies were adopted by the Council on June 2, 1989. Also, on that day an Urgency Ordinance was adopted (MC-660). The provisions of that ordinance were extended by Ordinance No. MC-664 on July 6, 1989. section 19.83.110 of that ordinance requires consistency of all development projects, including "sign permits" with the General Plan. section 19.83.030 addresses the issue of possible inconsistent provisions of the "old" zoning code. "19.83.030 INCONSISTENT PROVISIONS Any section of the Municipal Code or amendments thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is hereby, superseded or modified by this ordinance to that extent necessary to effectuate the provisions of this ordinance." Therefore, AnY provisions of Chapter 19.60 concerning signs are superseded by the provisions of the Urgency Ordinance. The applicant does not meet the qualifying requirements for a replacement sign, in that the City Attorney's legal interpretation does not support the contention or concept of -- . Jl.4 1 Appeal of No. 89-10 Mayor and 3 Planni~commission Denial of Revi~ of Plans " council Meeting of 11/20/89 "banking" credits for the removal of billboards. A proposed replacement sign must be in existence at the time of approval of the replacement sign. In addition, the Code section for replacement billboards is not now in effect due to the urgency Ordinance inconsistent provision (Section 19.83.030). Only on-site replacement billboards are allowed within the city. The bases for the appeal are, therefore, not valid. AND The Mayor and Council cannot approve this project without being inconsistent with the General Plan. Therefore, the Mayor and Council may deny the appeal and deny Review of Plans No. 89-10, OR uphold the appeal in conceDt on Iv , deny Review of Plans 89-10 and request that the applicant do the following: 1. File a General Plan Amendment (GPA) after December 2, 1989, to amend the policy regarding the con- struction of billboards within the city; 2. Refile a of the . t' eX1S 1na Review of Plans application, after approval General Plan Amendment, and propose an billboard for replacement; and, 3. Comply with structures, Avenue. the required setback requirements for including billboards, along Waterman PREPARED BY: John Montgomery, AICP Principal Planner For Brad L. Kilger, Director of Planning ATTACHMENTS: A- Letter of Appeal to Mayor and Common Council B- Statement of Official Planning Commission Action C- City Attorneys' Office Legal Intrepretation D- Public Hearing Notice E- Letter of Protest- Against Approval of Billboard (Rancon Financial Corporation) F- October 3, 1989 Planning Commission Staff Report PCAGENDA:RP89l0APPEAL 10/20/89 ...c. ~ o ATTlICHMENT A o Lightbum &Associ,ates Mayor and Common Council City of San Bernardino 300 North D Street San Bernardino, Ca, 92401 October 10, 1989 PoSt Office Box 1622 San Bernardino. C.difornia 9~401 (714) 381-2656 Sub ject: Appeal of Planning Commission Denial Review of Plans, 89-10, Heywood Co, Mayor and Common CouncIl, On October 3, 1989 the Planning Commission sustained the Development Review Committee's denial of Review of Plans 89-10 for a replacement sign to be constructed on a .6 acre site located on the West side of Waterman Avenue, 644 ft. North of Hospitality Lane, adjacent to San Timoteo Creek, on the grounds that proposal is inconsistent with General Plan Policy 1.45,1 and Section 19,60,250 BI. of the San Bernardino Municipal Code, By way Of this letter, we are appealing to the Mayor and Common Council the Planning Commission's ruling based on the groundS stated in our letter to the Planning Commission, dated October 3, 1989 (~xhibit "I), Essentially, we contend that it was not the intent of the Mayor and Common Council to repeal the provisions of the existing sign ordinance, or abroqate any riohts and entitlements of parties of interest, without a - .. publiC hearing speclfica!1y addressmg these issues. We believe that there is a conflict between the provisions of the sign ordinance and the General Plan POllCY statements that need to be resolved by the council. Secondly, we contend that t~e Heywood application meets the qualifying requirements for a repalcement sign as outlined in Section 19,60,250 B 1, of the San Bernardino Municipal Code, Based on the foregoing, we request the Common Council to grant our appeal and approve ReView of Plans 89-10, ReSpeCtfUll~ubmitted By, ~.~ J\j Lightburn Attachments: Exhibit "I Sign Ordinance 19,60 General Plan Policy 1,45,1 - - 1 ,. o o Lightburn &~ssociates Members, Planning Commission City of San Bernardino 300 North D Street San Bernardino, Ca, 92401 Po\t Office Box Ib:: San BernJrdmtl. C.lilinrnlJ 9~J.n.! ;'714: 381.16Sh Oc tober 3, 1989 Subject: Review of Plans 89-10 Heywood Company This letter is presented for the record in support of our client's appeal of the Development Review Committee's denial of Review of Plans 89-10, an application to construct an off-premise replacement sign on the West side of Waterman Avenue, North of Hospitality L,me. Relat!ve to our clIe~t's application, there are three issues to be resolved' by the Planning CommIssion 1. Does General Plan pOlIcy statements 1,45,1, 1.45,2, 145,3 and 145,6 effectively preclude an off-premise replacement sign from being constructed on Waterman Avenue? Our client contends that General Policy Statement 1.45,1 does not aDrogate or repeal the provisions of San Bernardino Municipal Code Section 19,60, Specifically, Section 19,60,280 Conflicting Provisons states, "If any provisons of this chapter conflict with the provisions of any other section of the 5an Bernardion Municipal Code or of any ordinances of the City of San Bernardino the orovisions of this chaDtp.r shall prevaiL" (emphasis added) Nowhere in the record do we find that it was the intent of the Mayor and Common Council to amend, change or otherwise eliminate Section 19,60 of the Municipal Code, or adversely affect any rights that parties of interest may have pursuant to those sections of the code, We further contend that the policy statements in Question are declarations of intent by the Mayor and Common Council to change the municipal code to conform with their policy direction, MY change in the code, that substantially affects or significantly limits the rights of parties of interest, can not be done by inference in a general plan policy statement. , Page Two - ROP 8~ 0 o If it is the policy of the City of San Bernardino to make changes In the sign ordinance, then the City should 00 so at a pUblic hearing specifically addressing the City'S policy concerns and allowing for public input and comment. Regarding General Plan pol icy statements 1.45,2, 1.45,3 and 1.45,6, we contend that these are goals of the General Plan to be pursued by the City in the future, or, in the case of 1,45,6, stand in conflict with Section 19,60,280 of the municipal code, More appropriately, these design standards, requirements and conditons should be incorporated in the evolving Development Code, Therfore, we conclude that Review of Plans a9-1 0 is an appropriate matter to be considered by the Planning Commission, 2, Does the applicant's proposal Qualify for consIderation within the provisions of San Bernardino Municipal Code Section 19,60,250(5)( I)? Our client currently has a sign permit (See Attachment 1) from the City of San Bernardino for the location of 723 West Mi II Street. We contend that this sign permit constitutes an ownership right to place a sign at that location, The Heywood Company has preserved this rIght by continuing to keep enforce their annual sIgn permit for that locatIon, Whether or not a sign physlcal1y exist en the property has no bearing on our client's right to do so if they so deSired, As a practical matter. and to voluntarily comply witn the r-1ore ,A,ttractive Community Carr.pa!?n, the sign was removed In-so-much-as Section 19,60,250 (5)( I) states, 'The replaced sign or signs shall be removed or demolished prior to the use of the replacement sign,", it seemed reasonable and prudent to cooperate with the City by temporarily removing the sign from the premise, According to the City Attorney in a March 23,1 9a9 memorandum to the Planning Director, an improperly maintained sign "may Qualify as a credit for a replacement sign,", In the above referenced legal memorandum dated March 23, 19a9, the City Attorney incorrectly concludes that the sign ordinance, ., , , clearly requires that the old sign, which is to be replaced, be presently .owned. and therefore, presently existing and in use: We disagree, This artfull extrapolation by the City Attorney is nnt supported by any such language in Section 19,60,250 (B) (1). We contend that the correct term "owning', as stated in Section 19,60,250 (6) (I), clearly means having a permitted right to establish a sign at that location, , o o ;)~geThree- ROP59-10 'Therefore,we conclude tnat our client is entltJeo to a replacement sign ~ursuant to SectIon i 960250 (6) (I) of the mtJnlclpal code, 3, Wi 11 the app I icanfs proposal meet the "set -back" requirements pursuant to the City'S General Plan? The applicant will amend the site paln to reflect an appropriate front set-back requirement of 20 feet. Based on the foregoing, we request that the Planning Commission grant the appeal of the Development Review Committee's denial and approve Review of Plans 89-10, Respectfully Submitted By, Jo n L ightburn f the Heywood Company 41 _~ , o .--- --,-,.0..... -..----.- ~.._..... Ii<'~:;~~!o:?:-:". ... . ...~....... J , ..';.... ., . .... ".. .\ -, . -. ". .....' -,' -::::",,, \-\ cnW~~~J~~~~~~)PERNARDl N() \......../ \ ...",.7 ,. ,.._;.....::...... ".11' ,II-Ii" , --"' 31)1J ,.,OI1TII "r)"" :'1 III;!: r. $^N Ur;m,^ROI""). CAl.lf.OAr'lI^ ll2"IU Dl!cemb.!r 1. 19011 TO ALL OUTDOOR ADVERTISING COr1IWHE'j ArID IIIDIVf[)I)ALS: On January 2. 19U9 Annual Si')n I'cnllits, as requil'"rJ in the City of Son Ill!rnarclino. ~Ii 11 be due. ACco:lpanyin9 this notice is a list of ~iqlls and lhe lol.al aUlount due for the Annual Sign Perini ts, ~Ihich arc r! i I.hl!" ,,,,",!d by you or direct.ly concerned ~Iith your business. Please remit thp. fel! sp.!cified on the cllclo,ed I ist and return to the DCJlartment of Buildin'] alld S"ff~ly. JO() lI{wlh 'u' Street. S.ln Bernardino. CA 924111. Please mal:e your check payable to th" City of San Bern<1rdino. This list may be in error, but bear in mind that all signs advertising other than the materials or uses pertainin'l to the land or building on the same premises ~,;thin thl! City of San Bern.,rdino must hav'! thl! Annual Sign Pl!rmit fees paid by January 31, 19119, PLEASE NOTE: Per City of San I3crn.lnlino Onlin.Jncc 110. f'1C-2135 adoJltcd by the 11ayor and COlnnom Council July 5. 19B3 "nd approved July 7, 1933. Section 7 of said D,'dinance states: "An Annual Sign Permit fel! shall be ten dollars ($10,00) Jler sign, dUI! and payable on the second day of JJnuJry in any year, HIHCII FEE SHALL BE DOUBLED IF THE PERMIT IS NOT OBTAINED BY filE 31st UM OF JArlUARY; lIowever, where the 5i9n is first erected after January Jl of that yr.ar. only the ten dollar ($10,00) fee shall apply." If you have any question, pleJst! call this offiCI! Jt (714) 304-5071 between the hours of 7:30 .1.111. - 4:30 p.m. r.lond.1Y thru Frid.1Y. peration and inll1ediatl! attention to this lIIat Sa fe t.y ffi~~ ~,~ Attachrnent/s . ...'!to ~. .... , "1.... -,- - " '.','''' 'I'"" ~". ... ': : ,.. -.. ~ .. ,,-;,- ': '. . i . ... . 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'"E" :; t .L:..:c l :! .: OJ ~j .' u..t.:t."IlI.ua f''./I': -II~ . :.-/~U l: II~.:,; .; 1 l'h.; ~uu2 I" , JL'd :-~ a: L"!o.:&.: C tJ';lJ IIILwd C'-'IlC"L" Ilr. 2':':;1l FL..Jell..11 Ul'ld, :):'3 t-liu:,;h....ll 111.vd. 1.1...., \'I. U.......linu lJ.u[.. lIu. U~1L:';':CIU.:aU u..,.; (;olt..")11 l'\v,,;. l.;j-,J:) ~"J. ~'.1t,::CI:ldll ),1 30 ~;, II i':JII 1 "111.1 Avt.:, 1.:.J 1. I'~. 1I1,'Jld...rl..l ,..V,:. 'l;:::;O ,:, lli\lh.l,JhJ A'fI;. 1.~U 1 \'I. II j 'Ill 1"HI,1 .\'1..:. ~:..uli E;. lIi~hl.ul\J 1\'1~. 25~ ~1. I~lll ~CC~~C ..-.....--...-...-... 7},!:,I:_ ~~ ~_1_~__~. ~~.0 -'(10 \./. Ni.U :::it. ,,' """~:-'.-. !~:,:., E. II i.'Jhl:lud I\vt.:. 19.1fJ I/o. ..,," ~t. 31.5 S. Nt. Y~rnon Av~, -,-1 iJ ,',. /-It, y" n.ull Avo;, GG9 II, :::;l..,cca W"y t I' . . , - d',so ( Cf . ~ B. o o ZONING closer than ten feet to the public right~f-way. S, Spacin,: Minimum of four hundred feet in any straight line between off-premise signs, 6. No off-premise sign shall be loc:ated so that its side edge is less than one hundred ten feet, or its front face or back face Is less than five hundred feet, from any residential zonin, distric:t, 7. An off-premise si&n shall not be allowed within five hundred feet of any park, sc:hool, cemetery or church, regardless of zoning. 8. An off-premise sign shall not be pennltted within six hundred feet from the right~f-way line of a freeway, when the advertising face of an off-premise sign Is visible from any pOint on said right~f-way line. 9, Off-premise signs shall not be allowed on any building roof. Replacement signs. .I. Any company own in, an off-premise sign may replace such sign with another off-premise sign to be placed in a C-3, C-3A, CoM, M-I, or M.2 zoning district within the City subject to c:ondltions and aner review and approv;d of a plot plan by the Plannin, Commission. The decision of the Planning Commission shall be subject to appeal to the Common Council pursuant to Chapters 19.81 and 2.64 of the San Bernardino Municipal Code. The replaced sign or si,ns shall be removed or demolished prior to the use of the replacement sign. The Planning Commission may require the removal of more than one billboard or painted bulletin by the company in exchange for the right to locate one new replacement sign. Under no circ:umstances shall more than one new sign be erected to replace one sign removed. A condi- tional use pennit shall not be required. Each new replacement sign shall confonn to all other provisions of the San Bernardino Municipal Code relating 10 off- premise signs, provided that the advertising display of the replacement sign shall not exceed the display area of the off-premise sign or signs to be replaced, and In no event shall it be greater than six hundred seventy-two square fee! per face with a maximum of Iwo faces. Display area does not include decor or pole covers, (5.. Ber..rdlno 3"') 1198-8 - j . o o ZONING D. All illegal signs ()Nithout a pennit) shall be abated or made to c:onfonn with this chapter within ninety days from the date of final adoption of this ordinance. (Ord. MC-92, 198 \.) 19,60.270 Administration, A. Enforcement: It shall be the duty of the Superintendent of Bulldln, and Safety of the City of San Bernardino to enforce the provisions of this chapter, The Superintendent may designate a representative of the department to act in his place. B. Interpretation: Questions arising from the appllcation of this chapter shall be referred to the Planning Commission for detennination, The Commission shall interpret this chapter in a manner which best fulfills the intent of its provisions. C. Variances: Any variance of the heilht, area or number of signs which exceeds the stand.rds set forth in this chapter shall be subject to the variance provisions of Chapter 19.74 and shall require a publlc hearing and the payment of a filing fee. D, Appeal: The appllcant for a sign pennit may appeal a decision of the Building and Safety Superintendent or the Planning Director within fourteen calendar days of such decision to the Planning Commission. Appeals shall be made on fonns provided by the Planning Department and shall not necessitate payment of fees. The Planning Commission shall review such appeal at its next available, rellllarly scheduled meeting. The Commission shall either uphold, reverse, or modify the Superintendent's or Director's decision. The decision of the Commission shall be final unless appealed to the Mayor and Common Council within ten days. (Ord. MC-92, 198 \.) 19.60.280 Conflicting provisions, If any of the provisions of this chapter conflict with the provisions of any other section of the San Bernardino Municipal Code or of any ordinances of the City of San Bernardino, the provisions of this chapter shall prevail. COrd. MC-92, 1981.) (Sin Bernardino 4-86) 1198-10 o o Policies It shall be the policy of the City of San Bernardino to: 1.43.1 Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively reused, and renovated buildings (ILl and 11.3), 1.43.2 Update the City's building and development codes and regulations to ensure that they incorporate professionally accepted state-of-the-art standards (Il.3), . Objective It shall be the objective of the City of San Bernardino to: 1.44 Ensure that development in the City's commercial and industrial districts and corridors and residential neighborhoods is physically and visually reflective of-their existing or intended characteristics. Policy It shall be the policy of the City of San Bernardino to: 1.44,1 Require that new development. adaptive reuse, and renovation provide for the physical design of buildings. sites, pedestrian areas, and spaces in accordance with pertinent standards and guidelines for each land use district as defined by the 0.00.30 subsection of Policies 1.8,00 through 1.40,00 (1Ll, 11.2, 11,4, 11.6. 11.9, 11.12, and Il.17), Objective It shall be the objective of the City of San Bernardino to: 1.45 Ensure that private signage is well integrated into architectural and site design and minimized with land use districts to reduce visual clutter and blight. Policies It shall be the policy of the City of San Bernardino to: 1.45,1 Prohibit the development of new billboards in the City, except as on-site replacement of existing units m.1). 1-109 . 1.45.2 1.45.3 1.45.4 1.45,5 1.45,6 1.45.7 1.45.8 1.-+5.9 1.45,10 o o Pursue the acquisition and removal of billboards along major viewsheds and other areas which are visually impacted, as funding is available (11.23). Establish design standards for billboards which improve their visual character and compatibility with adjacent uses and require that all existing billboards be upgraded to these standards within five years (I1,l), Minimize the number, size, and placement of signs in pri\'ate development (11.1), Require that private signage be limited to the purposes of building, business, and/or tenant and address identification (11.1), Prohibit the development of pole signs at the key entries to the City (as identified in the Urban Design for Public Spaces Policy 5,1.2) and in key activity districts, including the downtown, Tri-City/Commercenter, Mount Vernon Theme Center, Highland Avenue "Core", Santa Fe Railroad Depot Specialty Center, Waterman Avenue Office Industrial Park, California State University area. Verdemont commercial "village", and other pertinent areas (11.1). Require that wall, window, directory, projecting and all other building signs be integrated with its architectural design style and character (11. 1), ( Prohibit the use of oversize, flashing. animated, or garishly colored signs which dominate the building, architecture, and/or district in which they are located (11.1), Allow for consideration of signs of visually distinctive design and l~erit which may differ from prescribed limits of size, materials, and other characteristics, provided that they are well integrated with the building and site, do not adversdy impact adjacent uses, and are not intended solely to increase sign size (11.1 and 11.9), Require the abatement of non-conforming signs over an acceptable amortization period (11.1), 1-110 ~ Jl . <;> ATT1\CHMENT B o city of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Review of Plans No. 89-10 Applicant: Heywood Company and Lightburn and Associates for Kurt W. Rietsch ACTION Meeting Date: October 3, 1989 x Denied Project and Appeal Based Upon Findings of Fact (Attachment A), VOTE Ayes: Nays: Abstain: Absent: Clemensen, Cole, Corona, Lindseth, Lopez, Nierman Sharp None Stone I, hereby, certify that this statement of Official Action accurately reflects the final determination of the Planning Commission of the City of San Bernardino. '-:;J //// _ /~ _;_ ~-~--:--- .' /c/5.,B7 f Signature /' . / ./ Date "'--llrad L. Ki~r, Director of Planning Name and Title cc: Project Applicant Project Property Owner Building and Safety Department Engineering Division Case File mkf PCAGENDA: PCACTIONA - rt.L J.h.~nj.'.i.c.J.'l.L h , AEV1EW ~ Pl.ANQ. 89-10 Qe 10-3-89 Agenda Item#7 Hearing date: 10/3/89 Page 8 DEVELOPMENT AEVIEW ~TTEE ~NOATDRY FINGIIl&S APPAOVAL - fiNDINGS YES NO SEE SEE PLAN ATTACHED 1. The de.el.poent pl.ns c.Rply .ith .11 pravi- sl.ns .f Son lern.rdln. Munlcip.' Cod.. Unlf... Cades includ.d into the Son S.rn.rdlno Municip.' Cod. .nd St.nd.rd Aequlr...nts .stab1ish.d by the City, 0 []I 0 0 2, luildings. structur.s .nd d...l....nt. and us. thereaf sh.ll be c....tibl. with .nd not d.trIMnt.1 t. ..ch .th.r, .nd sh.ll Ukewi.. b. c....tlbl. with .n nat detriment.l t. tile ..n. within ""iCh suCh pr.j.ct sh.ll b. est.blished. s. th.t prop.rty ..Iues may be preser.ed .nd ard.rly d.'.'.pMent .f '.nd in the surrounding areas MlY be Issured. c::l 3, If the De..I.Plent Ae.ie. Commltt.. c.nnat make the r.Quired findings In the .ffinooti... the De..l....nt Ae.ie. Committ.e may deny the .pplic.ti.n f.r de.el.pment, 0 A. C"""lies .ith pr..isi.ns .f the S,S,",C, 0 ~D o IKID DO o o B. Canol'es with uniform codes incorporated into the S,S.".C. (Building. Fir.. etc,), 0 0 0 0 c. COMPlies with San Bernardino standard requi r!ffttnts . 000 0 o. Build'"gs, structures, development and use Ir, COIIPuible with and not detrilRlntal to: 1. Each oth,!r. ODD 0 OlE]O 0 ODD 0 ODD 0 2. Surround'"9 neighborhood. 3. Z.ne in wnlCh est.bllshed, E. Will preserve oroperty values. F. Will IS sure orderly develooment of the land. DEJD 0 G. Neighboring uses and structures .il1 be protected 19.inst noise vibration and other offensive, objectionable condi t ions. ODD 0 H. Lighting is .rr.nged s. th.t light Is reflected ...y fr... .dj.lning pr.perti.s, 0 0 0 0 I. S;gns .re in conf.rm."ce .Ith the S,B.",C, 0 0 0 0 J, Design will .ssure pedestrian safety. 0 0 0 0 ~. Oesi9n witl provtde safe and !ffictent tr.ffic flaw. 0 0 0 0 L. The proiect described in RP 89-10 am~on.istent with the General Plan adopted br the Mayor and CouncLl on June 2. un. in that the oolicv .45.1 ~rohibits deve1:t of new hi,,~,.ds F;ly~nt ~~ite reo! ~nts or ex1_ umts K5 RPBLl\NKP3&4 ATTACHMENT C , o o C I T Y o F SAN B ERN h R 0 I N 0 INTEROFFICE MEMORANDUM ~'-', i.' , ~ '-'", I TO: BRAD L. KILGER, Director Planning Department li_~. MA;( ;~' 1989 RE: HENRY EMPENO, JR. Deputy City Attorney March 23, 1989 Request for Legal Interpretation of the Sign Ordinance (Billboard Replacement) C~T i' :. FROM: ~;. . .. ...\ DATE: * * * * * * * * * * * * * * * * * * * * * You have requested our response to the following two questions: (1) a. Can an off-premise sign that has already been removed or demolished count as credit toward a replacement sign pursuant to SBMC Section 19.60.250(B)? b. Does an improperly maintained sign count as credit toward a replacement sign? (2) Are billboards or signs considered to be "structures" under the City's Zoning Code and, thus. required to follow the Code's setback regulations? * * * * * * * . I a. The first question involves a billboard company that removed a deteriorated and improperly maintained billboard sign two years ago, after the City demanded that the company either upgrade or remove it, pursuant to SBMC Section 19.60.070. This same company now wishes to construct a new billboard sign at another location and argue. that this new sign should be deemed a "replacement sign" under SBMC Section 19.60.250(B). In researching your Department's records, your staff believes that no written or verbal agreement was ever made . . o o BRAD L. KILGER, Director Planning Department SIGN. ORDINANCE INTERPRETATION March 23, 1989 p~e 2 . **************************************************************** staff believes that no written or verbal agreement was 'ever made by the City to give a future "credit" to this company for a replacement sign. Assuming that the City never made such an agreement or representation, we must conclude that this new off-premise sign is not a replacement sign, as permitted under SBMC Section 19.6~50(b). This section states: "B. Replacement signs. 1. Any company owning an off-premise sign may replace such sign with another off- premise sign to be placed in a C-3, C-3A, C- M, M-l, or M-2 zoning district. . ." The plain meaning of the words used in this ordinance clearly requires that the old sign, which is to be replaced, be presently "owned" and therefore, presently existing and in use. In the instant case, there is no presently existing sign. b. You have also asked, hypothetically, whether an existing, improperly maintained sign could qualify as credit for a replacement sign. Because this zoning ordinance does not appear to differentiate signs as to whether they are properly maintained, a reasonable interpretation could be that improperl~ maintained signs may qualify as a credit for a replacement sign. We reserve providing you with a conclusive opinion on this question until an actual fact situation arises. II A billboard sign is a "structure" as that term is used in the City's Zoning Code, Title 19 of the Municipal Code, and therefore billboard signs are required to follow setback regulations, unless specifically exempted. o o , BRAD L. KXLGER, Director Planning Department SXGN ORDXNANCE XNTERPRETATXON March 23, 1989 Page 3 **************************************************************** SBMC Section 19.04.515 defines the word "structure": "19.04.515 Structure 'Structure' means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground." A billboard sign is a thing which is constructed or built and is attached to something located on the ground, i.e., support poles. HBf:!ERO~ Deputy City Attorney ss March 23, 1989 CC: Dennis Barlow Sr. Assistant City Attorney ..0. \ o o ATTACHMENT D Public Hearing Notice A notice of the appeal hearing was sent to the property owners within 500 feet of the subject property and the application at least ten days prior to the hearing, as per Municipal Code section 19.81.020. A copy of this notice is attached. M&CCAGENDA: PHNOTICE , "- r o o OFFICIAL NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL APPEAL OF Review of Plans No, 89-10 r THIS IS TO INFORM YOU THAT THE FOllOWING ITEM HAS BEEN APPEALED TO THE MAYOR AND COMMON COUNCil BY the applicant, '- r SUBJECT: Appeal of Planning Commission denial of WARD -# Review of Plans No, 89-10 3 PROPERTY LOCATION : Subject property is located on the west side of Waterman Avenue, 644 feet north of Hospitality Lane and adjacent to San Timoteo Creek, PROPOSAL: To construct a 300 square foot 32 feet high billboard on a 0,6 site, PUBLIC HEARING LOCATION: SAN BERNARDINO CITY HALL COUNCI l CHAMBERS 300 NORTH "D" STREET SAN BERNARDINO, CA,9241B '- I HEARING DATE AND TIME: Monday, November 20, 1989, 2:00 p.m, A DETAILED DESCRIPTION OF THE PROPOSAL IS ON FILE IN THE PLANNING DEPARTMENT AT CITY HALL, IF YOU WOULD LIKE FURTHER INFORMATION ABOUT THIS PROPOSAL PRIOR TO THE PUBLIC HEARING, PLEASE CONTACT THE PLANNING OF:PARTMENT IN PERSON OR BY PHONING (714) 384-5057, THANK YOU, j., IM4 "" - , rnl RANCON ATTACHMENT E <:> RAQCON FINANCIAL CORPORA nON ITEM NO, 7 . ". 650 East Hospitality Lane, Suite 600 / San Bernardino. CA 92408 October 2, 1989 Mr, Roy Nierman, Chairman PLANNING COMMISSION SAN BERNARDINO CITY HALL COUNCIL CHAMBER 300 North .0' Street San Bernardino CA 92418 ;""":0....- OCT 0 3 1969 ,.,'" ,-,,, . -'''. --;... ...- ';"'1.'\ Re: Review of Plans No 89-10 Dear Mr, Nelrman: It has come to my attention that you are considering allowing a 32 foot high billboard across the street from our four-story office building (301 Vanderbilt Way), In addition, Rancon Realty Funds IV and V have spent approximately $50,000 to install the median on Waterman and beautify this entrance to the City, Why would the City want to detract from an area that Is undergoing development? We seriously object to this proposed structure as it will block the westerlv view of our tenants on the 3rd and 4th floors and diminishes the value of our propeny, We respectfully request that you deny this application, Sincerely. RANCON FINANCIAL CORPORATION As Agent for Tri-C' Corporate Centre fZzx~M Asset Manager JH:maf CC: Jim Milligan. Rancon Roy Storaasll, Rancon Steve Palmer, Rancon Rod MacDonald, Rancon Councilwoman Estrada C,File J,File '. OITY OF SA"- ao .NAff~l~a' F - .~.,IORANDUM ToPlanning Commission Planning Depar~~ent From Subject APPEAL TO DECISION OP THE DEVELOPMENT Date October 3. 1985- REVIEW COMMITTEE TO DENY REVIEW OP PLANS 89-10 Agenda Item No. 7 Date Approved SUBJECT: APPEAL OF DEVELOPMENT REVIEW COMMITTEE'S DECISION TO DENY REVIEW OF PLANS 89-10 TO CONSTRUCT A 300 SQUARE FOOT, 32 FOOT HIGH REPLACEMENT BILLBOARD ON A 0,6 ACRE SITE LOCATED ON THE WEST SIDE OF WATERMAN AVENUE 644 FEET NORTH OF HOSPITALITY LANE AND ADJACENT TO SAN TIMOTEO CREEK (SEE SITE PLAN, ATTACHMENT H AND LOCATION MAP ATTACHMENT I) REOUEST In a letter dated August 17, 1989, the applicant requested an appeal of the Development Review Committee's (DRC) decision to deny the project (Attachment C). In a second letter dated September 14, 1989, the applicant's representative, John Lightburn and Associates, further requested that the Planning commission interpret the City'S Sign Ordinance (San Bernardino Municipal Code 19.60) as it relates to the provisions for the relocation of off premise signs, the adopted General Plan Policy 1.45.1 and this application (Attachment D). BACKGROUND Review of Plans 89-10 was submitted on February 23, 1989, On February 21, 1989, a request had been made to the city Attorneys' office by the Planning Department for Legal Opinion 89-2 for an interpretation of the Sign Ordinance regarding billboard replacement (San Bernardino Municipal Code 19.60.250 (B)). In addition, the Department requested clarification of the definition of structures' as it relates to billboards, the zoning code and required setbacks, On March 23, 1989, the Legal Opinion was received from the City Attorneys' office (Attachment F). In accordance with the Legal opinion, the application was deemed incomplete on March 23, 1989 and a letter was sent to the applicant informing him of this determination. No correspondence was received from the applicant in response to the incomplete letter, On June 12, 1989, staff wrote a letter to the applicant indicating that the General Plan adopted June 2, 1989, includes a Policy (1.45.1) which effectively prohibits the project represented in the Review .. ( City of San Be:r......,{}'... f"\ Memorandum to Pla~ng Commission, October 3,~989, 7:00 p.m. Page 2 of Plans 89-10 application. Staff requested that the applicant withdraw the application by July 3, 1989, or the Department would take the project forward to the Development Review Committee with a recommendation for denial based on inconsistency with the General Plan. In a letter dated July 3, 1989, the applicant indicated that he did not wish to withdraw the application and requested that he be given until August 3, 1989, to submit new information and a revised site plan as was requested when the application was deemed incomplete. Staff approved their request, but reiterated the conflict with General Plan Policy 1.45.1. No further communication was received from the applicant, therefore, on August 8, 1989, a letter was sent advising the applicant that the Review of Plans 89-10 was scheduled for a hearing before the Development Review Committee on August 17, 1989, On August 17, 1989, the Development Review Committee denied the application for inconsistency with the, General Plan and San Bernardino Municipal Code, Section 19.60. 250 A.3 (Attachment B, Findings of Fact). The applicant submitted an appeal request August 17, 1989, and amended it September 14, 1989. ANALYSIS REPLACEMENT SIGN The applicant requested a billboard located at 723 West Mill Street as the sign to be replaced. This sign is no longer standing, It was removed in July of 1986. after not being used for at least four years, as part of the More Attractive Community Enforcement effort (see Attachment E, letter dated June 16, 1986, and xeroxed photo), Prior to the adoption of Municipal Code allowed for ment regarding "on-site". sign located anywhere in to remove the old and commerical corridors and elsewhere. the General Plan, San Bernardino replacement signs with no require- Replacement credit was given for a the City if removed. The intent was delapitated signs from the City's replace those signs with new signs . , r city of San Berl'w~~ ("'\ Memorandum to Planning Commission, October 3, ~89, 7:00 p.m. Page 3 The legal interpretation from the City Attorneys' office dated March 23, 1989, (Attachment F) indicates that the ordinance regarding replacement of off-premise signs (Attach- ment G) "clearly requires that the old sign, which is to be replaced be presently "owned" and therefore, presently existing and in use." This is provided that no agreement was made by the City to give future "credit" for a replacement sign. The San Bernardino Municipal Code does not authorize any person, committee or commission to offer such future credit. In conversation with Mr. Frank Schuma, former Planning Director, it was confirmed that no such future credit was discussed or offered. Staff finds no evidence of such agreement. Therefore, no qualified replacement sign has been provided in this case. Because the legal opinion of the General Plan, "on-site" replacement was was requested prior to the adoption no opinion regarding the issue of requested. SAN BERNARDINO MUNICIPAL CODE REOUIREMENTS San Bernardino Municipal Code allows off-premise signs in certain commercial and manufacturing' zones at a maximum height of 32 feet and maximum area of 300 square feet. The sign proposed by this application is designed to these standards. The front setback proposed is 10 feet from property line while 20 feet from curb face is required. The site plan (Attachment H) does not indicate a curbline and therefore, a determination can not be made as to whether or not the proposal is in compliance with that standard. GENERAL PLAN The General Plan, adopted by the Mayor and Common Council on June 2, 1989, contains several policies pertinent to this issue. These polices include: 1. 45.1 Prohibit the development of new billboards in the City except as on-site replacement of existing units. city of San Ber....O.- f"""'\ Memorandum to Plann~ng Commission, october 3,'(989, 7:00 p.m, Page 4 1.45.2 Pursue the viewsheds funding is acquisition and and other areas available. removal of billboards along major which are visually impacted, as 1.45.3 Establish design standards for billboards which improve their visual character and compatibility with adjacent uses and require that all existing billboards be upgraded to these standards within five years. 1.45.6. prohibit the development of pole signs at the key entries to the City (as identified in the Urban Design for Public Spaces policy 5.1.2) and in key activity districts, including the downtown, Tri-city/Commercenter, Mount Vernon Theme center, Highland Avenue "Core", Santa Fe Railroad Depot Speciality Center, Waterman Avenue Office Industrial park, California State university area, Verdemont commercial "village", and other pertinent areas (11.1). The proposed project is in conflict with Policies 1.45.1 and 1.45.2 in that there is no existing on-site sign to be replaced (1.45.1) and that Waterman Avenue, proposed to be an ungraded major entrance to the City would be impacted by the placement of a billboard along that corridor (1.45.2) Design Standards required by 1.45.3 are evolving with the Develop- ment Code. In addition, 1.45.3 requires compatibility with adjacent uses. The opinion of Planning Staff is that a billboard is not a compatible land use in the TriCity/Commer- center area. Policy 1.45.6 clearly prohibits the placement of pole signs at key entries of the City. Chapter 1, Section 5, Urban Design, of the General Plan identifies Waterman and the Hospitality Lane area as a "major entry node" for the city, A General Plan amendment relative to these polices would need to take place prior to approval of this sign. City of San Be%..40._- ('J Memorandum to Planning Commission, October 3,~989, 7:00 p.m. Page 5 CONCLUSION The applicant is appealing the denial by the Development Review Committee of Review of Plans 89-10 for a replacement billboard. The project was denied based on inconsistency with the General Plan adopted by the Mayor and Common Council on June 2, 1989. To approve the project would require a General Plan amendment. A legal opinion from the City Attorneys' office states there is no qualified existing billboard to be replaced in that the requested replaced billboard was removed more than three years ago during the More Attractive Community campaign. The Waterman Avenue corridor is a major entrance to the City and integrity of visual aesthetics should be preserved. Mandatory findings required for approval of a Review of Plans can not be made. RECOMMENDATION It is recommended that the Planning Commission uphold the decision of the Development Review Committee: deny the appeal of that decision, and deny Review of Plans 89-10, based on Findings of Fact (Attachment B). Respectfully submitted, ATTACHMENT A- San Bernardino Municipal Code and General Plan Conformance B- Findings of Fact C- Appeal Letter D- Letter amending appeal E- Letter dated 6-16-86 F- Legal Interpretation G- San Bernardino Municipal 19.60.250 Off-premise signs H- site Plan I- Location map CITY OF o SAN BERNARDINO o PLANNING DEPARTMENT SUMMARY l&J (f) <l (J t; l&J :) o "" a: .... <l l&J a: <l AGENDA ITEM HEARING DATE WARD 7 10-3-89 3 Review of Plans 89-10 APPLICANT.' Heywood Company 1948 North "E" St. San Bernardino, CA 92406 OWNER Kurt \'1, Rietsch 16836 Marina Bay Dr. Huntinqton Beach, CA 92644 '!he applicant requests to appeal the decision of the Deve10plErlt Review Cannittee (ORe) to deny the Review of Plans application to CXlnstruct a 300 square foot billboard. '!he applicant also requests the Planning Cannission to interpret the San' Bernardino l>1micipal Code 19.60 as it relates to relocation of the off-premise signs, ']he 0.6 acre site is located on the west side of Watez:nan AVenue approxinately 644 feet north of IbspitalityLane adjacent to San Tim:>teo Creek Flood Control 01anne1. EXISTING GENER~L PLAN PROPERTY LAND USE ZONING DESIGNATION Sub;ect Vacant CR-3, Reqional Catrnercial CR-3 North Catrnercial CR-3, Reqional Catrnercial CR-3 South Catrnercial CR-3, Regional O::mrercial CR-3 East Catrnercial CR-3, Regional Catrnercial CR-3 West Catrnercial CR-3, Regional Catrnercial CR-3 GEOLOGIC I SEISMIC DYES FLOOD HAZARD DYES OZONE A IX! YES HAZARD ZONE liD NO ZONE IXI NO OZONE B SEWERS ONO HIGH FIRE DyES AIRPORT NOISE I DYES REDEVELOPMENT ID YES HAZARD ZONE DlNo CRASH ZONE 119 NO PROJECT AREA DNO .J o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL ~ APPLICABLE EFFECTS 0 WITH MITIGATING - 0 ZU) MEASURES NO E,I.R, tc CONDITIONS 1&Ie!) 5U EXEMPT o E,I.R, REQUIRED BUT NO 1&.0 rn ::::EZ I&.ffi DENIAL Z- SIGN IFICANT EFFECTS 00 WITH MITIGATING ~::::E 0 CONTINUANCE TO a::Z MEASURES (f)::::E S;iL 0 Z ONO o SIGNIFICANT EFFECTS (J 1&1 SIGNIFICANT SEE ATTACHED E,R, C. 1&1 EFFECTS MINUTES a:: NOV. 1911 REVilED ",ULY ...2 'KY o ATTACHMENT A o CITY OF SAN BERNARDINO PLANNING DEPARTMENT , CASE RP 89-10 OBSERVATIONS 7 10-3-89 ., ~ AGENDA ITEM HEARING DATE PAGE MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Cateqory Permitted Use Proposal SBMC General Plan Billboarc! off-site replacement Planning Comm, On-site Approval replacement only (1.45,1) Pole Sign N/A Prohibited in Tri-City/ Commercenter (1.45.6) Maximum Ht, 32 feet 20 feet from curb face (Urqency Ord) 32 feet 20 feet from curb face (Urgency Ordinance) Setbacks: Front 10 feet from property line .. ATTACHMENT B o REVIEW C1' PlANS NO, Q 10-3-89 Agenda Item#7 Hearing date: 10/3/89 Page 8 89-10 DEVElDP"ENT REVIEW CllIIIITTEE ~NOATDRY FUDUE ~ APPROVAl. . FI N01 NGS YES 110 SfE SEE PLAN ATTACHED 1, The do,.IGPOent pllns coooly with III prowl. slons of Sin Bernlrdlno "unlclpll Code, Unlfo... Codes included Into the Sin Bernardino "unlclpll Code Ind Stlndlrd Roqulreoents estobltSlled by the City, 0 [X( 0 0 2, Buildings. structures Ind de,eloplent. ... use thoreof shill be c~lt1ble with Ind lOt detrl..ntll to elch other, Ind shill lltlWl.. be coopltible with In not detrlmentll to tae zone within which suCh project shill be estlbllshed, so thlt property ,"lues -.y" preserved Ind orderly developlent of land in 0 GZJ 0 0 the surrounding areas mty be assured. If the De,elopment Re.iew COOMlttee Clnnot mote the required findings In the Iffinootl.e. the De.elo_nt Re.iew C"","iltee ...y de., the 0 lKl 0 0 application for development. A. Cooplles with pro.isions of the S,B.",C, 0 0 0 0 B. CORD1'es with uniform codes incorDorated i.to the S,B.".C. (Building. Fire, ete,], 0 0 0 0 C. Complies with San Bernardino standard requirements. 0 0 0 0 D. Buildings, structures, development and use Irt cocnp.uibl. with and not detriment. 1 to: l. hch oth~r. 0 0 0 0 2. Surround1ng net ghborhOod. 0 I2D D 0 3, Zone in which estlbllshed. 0 0 0 0 E. Vill preserve orooerty values. 0 0 0 0 F. Will !ssure orderly oevel0Dment of UIe llnd. 0 ~ 0 0 G, Neighboring uses Ind structures wi 11 be protected Iq,'nst noise vibration and other offensive. objectionlble (ondl t i on~ . 0 0 0 0 H. lighting i, arrlnged so thlt light Is reflected aWl1 from Idjo1nin9 properties. 0 0 0 0 I. Signs .re 1n confor~"ce with the S.B.".C, 0 0 0 0 J, Design ";11 assure oedestrhn ufety, 0 0 D 0 ~. Design will pro.ide slfe Ind efficleat traffic flow. L. 3, KS RPBUIl'II<P3&4 .H~aring., DjitEj,i lO;:~1 . ".VWOO~ -oMPANV. Out advertising or \"Gllfornlc 1948 North "E" Street. San Bernardino, California Phone(7141888.5244 Mailing Address: P,O. Box 2713. San Bernardino. California 92~CEIVEO-CnY CLERt< ~J..~'.u:.i.\jJ."'" '89 NJi 17 Pl:29 August 17, 1989 City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 ATTN: PLANNING COMMISSION RE: APPEAL OF D.R.C. DENIAL OF REVIEW OF PLANS 89-10 Gentlemen: Heywood Company wishes to appeal to the City Planning Commission the decision of the D.R.C. Committee of August 17, 1989. . Enclosed is our check for $75.00, the fee for filing this appeal. Please advise us when this appeal will be heard before the Planning Commission. Very truly yours, enc ,- "', Th\O !; :". -; - .., ,~~ ~ .~; "J In \ W'..' AUG 1619t39 em rLni,I'iI~G ;;., , . ,,,..7 SAlol BEiiNAR~::;ij, 1:,\ o ATrJ\C1f1ENI' D o " Po" Office Box 1622 San Bernardino, California 92402 (714) 381-2656 Brad Kilger Director of Planning City of San Bernardino 300 North D Street San Bernardino, Ca. 92418 Lightburn &Associates' September 14, 1989 Reference: Review of Plans 89-10 Dear Mr, Kilger, On behalf of our client, Heywood Company, we are amending the appeal request letter of August 17, 1989 to include a Planning Commission interpretation of the City's sign ordinance (Municipal Code 19,60) as it relates to the provisions for the relocation of off-premise signs, the General Plan policy statement 1.45,1 and our client's application, Specifically, we contend that our client's application for the replacement of an off-premise sign qualifies under the appropriate sections of the sign ordinance and should be considered in light of those provisions. We are in receipt of a copy of the Deputy City Attorney's legal opinion dated March 23, 1989, regarding the interpretation of the sign ordinance and take exception to the conclusions arrived at by legal counci1. We wish to have the entire matter heard by the Planning Commission at the earliest opportunity, To this end, we are providng you a property owners map and two sets of mailing labels as requested in staff's letter to this office dated September 7, 1989, Please advise us as to the time and date of the Planning Commission hearing on this matter, Thank you for your co-operation, OO~G~~\g~IID SEP 14 1989 CITY PLAi'L,:' ,~i'''RTMENT SAN BE"IIJARDlNO, CA .' . o ::',\N BERNARDINO ATrACHMENr E o ,- CITY r,'~ \.j.. 300 NORTH "0" STReET, SAN BeRNARDINO, CALIFORNIA 9241B EVL YN WILCOX . MJyor. MelT.D&fJ of tn. Commt)n Council Estr.er E~!"z.:::l.1. . . . . . . . . . . . . ....k'st Waroj Jack Re':ly. . . . . . . . .'. . . . . S.cond W,)rd H.lph H"!r,iand.z . . . . . . . . . . . Third \'I3rd 5tcv. Mar.:s . . . . . . . . . . . . . Fourth ....'."d Gordon Qul,l . . . . . . . . . . . . . Fltth Ward Can Fr::il!f . . . . . . . . . . . . . . Slxtn 'Nard Jack Strl.:I',;!CII . . . . . . .". . . . .S.venth "'.'.)rd June 15, 1986 !-Ir. Hal HeY'"ood Iley,,'ood Co., Dlltcoor Advertising of CA 1916 North "En Street San Bernardino, CA 92405 Dear Mr. Heywood: ~n abar.doned billboard structure exists at 723 West Mill Strc~t in San Bernardino. Records indicate that this str.ucture ~"as erected in 1973 by your company and that the Hey.Icod Cor.lpilny is the owner as well. The billboard frame l!~:: not been used for at least four years, and it has been cct0~~incJ,to be in a state of deterio~ation and poses a p0~~ible s~[ety hazard. M: part or the Hore Attractive Communit.y campai<;n no\~ upJ~rway th~mlghcut the City, abandoned Qnd deteriorating ~a<Jn~ hQVC been targeted for rer.loval. You ar" hereby rcqu~~t~d t~ remove the above me~tioncd bill~oard utructure. Fl~a~e resFond within ten days of receipt of this letter by reL0-,i.n-:J the r.tructure or informing this department or YOt;.: inLeut to do 130 I'lithin an acceptable time frame. Th.:.nk you for your prompt attention to tlds I:I(ltter. Sincer'ely, S.,(!--~k~~ f::.\)~,~A PAUr,SEN, AEBOclste rlanner SP /mtL . en Z .. ::::: en _~ : >. "~ ~ l'. >-.!: ~ ~,::. :: ~::; ;: .:: ~ ;:: ~ ;!- i: .: :: ~ 1: ~ ':::: ___ _ ::;.;, _ ~ ~ .~~_ ~~_ _.5:~'~~;~~'~o ~~~~~=: -~~ ~ ~ :; c ~ ;; ?-~ c ~ "::; ~ _ :f = = >. E ~::, -= ~ $ 2.- >.'';': : ~ oS .c::':: "!i .: ~'''.D ~ t::.c 0:-.5 ~~ :.i e..::: ;: ;; ~ :::: ~ ",.J. :~ - ........,..-.Ii _ ::::: "- __ ~ .':: ~ ::"0' "':j E::" -= _c.~ ... - ,I". - - :-: - ~ ~:~ ';5 ~::.~~>' ~~~~~~-~~~~e~ ~~~~;.~!~ -5. ~ cC: E:.l_C~-"'----:::-==--2~;':" - - ." - ..= ~ ~ __~ "; ~._ _ _ ~.~ ~ . -:'" ~ _ =!""" :: '..,I ~ _ "'-::: :- ~ =-.,a"? _ :':.'_~ or. ,:.I ~ - ... ...... ;t - ... :t:: = '.) - :-: - ~ - . ~ __::;.. 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".J'jii c = ~ c =.:';:; ~ e. c:..l M _ .~ - U ..:; :::...~ = = :,., :';., ;c. -_- =- ~ :.; ':..0 ':.J ':.J :; ~ _ _ ~ _ v'" C ; < =' ' ~- "= ,,::,.=: . ':..0 ~ .... .;: t<. -.- - ':,.I -= ~ .::..::: > - -::; ~:..= Z .~:c ~ < .:: ... <.:: 3: .; 0 ... -a v. U '-' _ __... t"', ... -_ - :..':;: J\ - ... - - - - ':.J 1. C " 0::-: ":i .~ " E ;.n_ -, '" ~- " z z '"' ~ '-I ATTACHMENT RP89-10 G o o "''0 .= ~ - OJ 0..9 - ,., ~ ~_' '0 .5 :: i c :i! c ~ 00 "" - ~ U _ .5. .c " S ;: ...... ~ 0" ::. =~ .~ ~ --::: :.fl >."/. ~ :,,~ c ...:";2-- :j ~~ ~:J :.J .. ~o= :J -=~ o c:lt .c ~::; ~ - -0 .":: _~,.". ;:: > ':.l.I "J': ~ - _ .~ - ~~.E~ t';:;x- C ;n:.l ..,.. ..; ~.: '..J ... ~ c";( ~ :: .: =.~ :J C c;t ., ;n.... '_~ ~ ... C - ;;>.~ ;:~;: >. ;a....-:::~ =~_ SO - . -:: .. ~ - - 'W; .~ ~ ~ :I: ... 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C" ':J ;;:: .~ -:E :r. ~:!: ... ... a ~.::: _ 0 .z ~ ~ 'J I:: .... :J :) ::..,"-' v:: ~ ,::! V: _ - :: =" - :.i < .- E ::: ::~. - ~ >. '. "'C _:.> ... ~ v = ~ ~CQ ~;!o,.....:---= ~ " '. C'~ '" .~-::: r.r. _ ;. ~ \0- ~ ~ ~'x ::c .;: i?: ~ :.J ~ ~ ;i.;~ ... _.= 1:;':" - >': :Z ...-...... .. - .. Q,:.Il~ ~:.>_... ::e. ::: ~.:: cr. ;: c..= ~ ... o -cv;..,.....:.,,-=:::: :cc...;;:.:.::: - o ~ .; c .-.,. \n -:- ;j';:.::; ~ _ _ :or. N,--_:.I . '- - :I: .... ~o:~vr- 0: t ~ c...= < t " : >. >c :;: / '" M .. r :.. :: " -= = .,. -.J: -, -. .... ..."... v.-' - .. v " APPt..1 'A "II 1""\_ h ATTACHMENT H - 'HEYWOOD c-~PANY. Outdoor Oivertising of California 1948 North HE" Street, San Bernardino. California Phune (714) 886,5244 Mailing Address: P,O, Box 2713, San Bernardino, California 92406 . lot~T 'ON- WA"T& RMAN wl'- l.4i.t.!' N/o HOSPITALITY LoN. PA.C)P~RT"OWN~~- t<U~T' W.~'ETsc.H, It.a3" ~A R,. N~ BAV DR,..t. HUNTIN""f'ON 8~AC.H,CA, q.c.4,.~111f)8~O-7'O LEG-AI.. D~.s., PA RCEL. NO.., PA"C.&.&.. MAP8'73.,. A,F>.N.I..,-44t1-9~ :ZON .N& O'5T'R-'C.~ C-3A r -- ""-- ,....... ~ ~~~..,.."",=" f r-- # 1 c-. ' '....,'. c..e G-A N 0 ~!,- i i .'~ r. .-',;0=., '., " ~ 2' ~ ! F. .-.. "" " I. oW q ...r - .. , . 00 5 ~ i _, ' \ \ ;1.-.-" \/ ; t.SQ FT of- Sl~. JOO eIlyR~:~ (>~~S~'il_/O ~ ; .... &Nt COVI."".... . c.O,'/. j 8. %ON IN&- Df'T~cr ~-3~ It. N" TUIU!. 0 r= eu-s fNc..U" OUT DOOR.. AO\l'&R."'~' N~ t!'A'~~':~-i~'.8~1 i-1Il GoAL DES~ PARCc~N03, ~1lfEL. 1'1. ,.....~ PRE PAR.~. .,JOHN M. t-4.V'N '1'18 N ~E. St: S~M 8a "N A tl D'N 0 CA q2.&f 0" I , , I A"" LICANT, HE~WOO1) CO, $'~ME' A DO"-RS,s ~I! R. 'WF'O. RT \SAC." A.ND E'...!trM~NTS '0' FROt1 Fkt.WT P,,"O". ....TV c.,I ~a ,c.C>'" ~&J)01) Q..ON TROI- ".. Q.Ile.UUtolD SIT Pt.AN + 110' I III ~ ( 'Z: <( t ~ ~ W . l- . ( SU\Lf,. ~ ''':W A LOCA~'ON MAP ! ~ ~ ~ lu '"''Ii . , III ~"II'''-LtTt ::< < I:l/ W I- 'l: 3 I <'.. ~ \ . 0 SI.~,~T"'\&. ~o f. s.. f:AC& +, '300. '0 ('\ '~ U ui. ^ct SIIIlo:rLl:. PilfL, ~ f'!'I IO'^-'3a' OlJT OIOO~ ~OV~a.rIS'H(; !l""';,"'OO-.J O""ftA1..&.. Hi'1",...r3~ ""'" is ",,~ O"""cu""'o. , ATTACHMENT I i.. LOCATION CASE RP 89-10 AGENDA ITEM # 7 CITY OF SAN BERNARDINO PLANNING DEPARTMENT HEARING DATE , Q-3-R9 ''''''IT" LAW' T I tllUIIT . N I'I.:=./COO'