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HomeMy WebLinkAbout57-Planning CI-A- OF SAN BERNARD~O - REQU~ FOR COUNCIL ACWON David Anderson From: Acting Planning Director Subject: Appeal of Variance No. 87-6 Dept: Planning Mayor and Council Meeting of May 18, 1987, 2:00 p.m. Date: May 6, 1987 Synopsis of Previous Council action: Previous Planning Commission action: At the meeting of the Planning Commission on April 21, 1987, the following action was taken: The application for Variance No. 87-6 was denied based upon findings of fact contained in the staff report dated April 21, 1987. Vote: 8-1 Recommended motion: That the hearing on the appeal be closed and the decision of the Planning Commission be affirmed, modified or rejected. C/# Signature David Anderson Ward: 383-5057 3 Contact person: David Anderson Supporting data attached: Staff Report Phone: FUNDING REQUIREMENTS: Amount: Sou rce: Finance: Council Notes: .___~. .~._ .._c:!!!i" /: . ...'.'.0"'.... :, ~-':;;' ~ - ~~ . ' 18,' ," .. '. "'..'~ ~""" -,..... . 1_ "',' '.-". _.'~' .. "~.'., .,....,'.,..',. ~~..,.'fAt',$, ''''',~.-i;~,'''',~-< . "01 ",', :_' .. -.'"J' .~", .. f',. '~_':r:..,;>.,~-~" ' ~~IF~ .. '-\." ,',.. ~ ", c.:" ~;'.' '._,,~.t> 'l:....'.:/' ~."... '" ~ .~. liD. ~ r"" !i;.' ;; \".;; :''; il' o .. ,.., 1- ,,- I. \. 'I.', \"" ",... . L.n.1 APR30 1987 ,~,. ~_:..'.;';':-l,"';~,~t;> .. ,:,::-'" ~~-1ti; "."hR. Caporatioo Apr 11 29, 1987 .j"'. 'l~~'f "=:"'~<>"'~"~"/".""...,".. , Dear SbaUl'ial Per your request I have summarized our reasons for appea~inq the above applications: 1. variance t87-6 I I have taken a bliqhted redevelopment area and ,;.; .t;.. ',': ~. ."..:'1.... "_- .' "~. ." :!2.') \\'t'~{ Hmpitalil\ Lme, Suilf 100. San Bt'rnardino. Cdlitomia 92408. 1714\ R89.2~87 e.\SAHEI:\t . SACR.U.I[~"TO . SEA TILE . GESEY,\ - ',~ o .r.-it~.t~':-:'. '~:;f'."'5"114Z;\;~i;!;;;-)<",~\:,.t~:;~~~,!,,:,",,~, ','''',',' '''~h (:'t.;','A::1:..;:.... ",.' .e;. ' ,w , , ,t .(, \' ....,~ ':'~:'If'$~. i! ,"~;..z'" ''1':..:,. ~ ~- ":;."ij.I"~ ;fr~';:d:" ,.. ~'''',>.;.. ," ':" ',.."', ! I"'.~>t~.,...,'.., ~~~:l:~!~~~~~:t~ ~~:O~!~r~:' t~~a~ O~' ~ 9n. er:~~~~:", ~:l~O:: ~:~i::~:r~c::.:~:.f:~.t::y::i::~~~~; 8.Tt~~;" Director I consummated a binding lease agr...ent. ,0 -,1n~'~, ,.,\.t)'. *"t.-.. ." ;'1~ 'r :~;". ~;-, /~i~~Xi~ \i~7f',~ i: iilt'" ,', "0 . , ~. . ~_ ' ".; ~:l~,~~::..c:~~~'f~":l{if~).;;l'_~;. Kind regarc!il'i""'''':'''' , ',.., ',1" ~ ,.', " '. _' ,1"':. "~""" '. _'., ' ';' ", .~':,:' , ,.,,/..",.~:,."'~' . ','\it?,~."""~~,, "\-,I!'o(>"~...,~.,,.- . ", .~;':;f.',..'" ,,~:~.:t'fr"""'.'i:.:","-,',"';~ ~-. .". Mervyn Simchowitz '.rBB SIIICBOIfI'f1 CORPOllA'l'IOII iI+' +,'."" 1 1" f 118:8ls \,~~.'. :.~ f. . A}<~j i'~;'l~;-' :', 4f,J."lk '114>"'" ~ .~,'.~~'.'~~_~\;l.yf-~.-:,~'. <,' , ,. ,,,...,,,, ~~,:~.t' (~~t~i.~'~ . 1t~;'L ~ ...., ; ,:/.~\?,. 'Mi':;:( ',_.' , -,'r.:.f/ r"""~:,.': 1:'41..Jii)fIIflIIlll. rq""ii'~',(" !~- .t .uOt".'jiJ .llflj.i/JIj~'iilt..A~~ ~~~~:~l'i~?;".~~l~'~._~~~l"~(".,< <,' . '".., '~.~~ '~~~.I"J:~'~~ " ,'1 ,;'" '-::;.of,,;'.",'''''' .~,:,.;'.:;r..!~,", ~'~'~" "h:\i~~,: .I'i-::~' ~j:"~:,~,~:I:"'.;*\l'l~}"", '-.. '!I;f~"'~.':t>S:. ,.~- .,-~":"",,,,~,~....: .,.{.~4'A..,,',-'l",b,'y~, ",'" ',' . . ",,: " .. " "",i~:...,,~;,f.~~,~ ; ~ ' ~'~,.,~ , ':-~ )L.'(~.:;,;lo"'~':- ... i,; ~;i"t ,_:' '~!~'~f~t '~'~" ',.I..'","'s",'" : ~- ",!,Il::..;.~,". ~'" i ,~.-' ;:.; '0 o ":) :> o.,.{~!!l!to~i~~~'~ "....".:..::;....~.I] '. ~ :'......,) 1...)"''-.1 '_ r._ '.' ."\.~.. CITY OF,~;~,AvrERNARDINO ',' ,'., 3QO NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 92418 EVLYN WILCOX Mayor Members 0' the Common Council Either Elhaae. . . . . . . . . . . . . Firs, Ward Jack R.UI)'.. . . ....... .. . Second W.rd Relph Hernand., . . . . . . . . . . . Third Ward Stayo Marka . . . . . . . . . . . . . Fourth Ward Gordon Qulel . ...... ... ... Fifth Ward o.n FruJe, . . . . . " . . . . . . . Sixth Werd Jack Strlckl., . . . . . . . . . . . .s.".nth W.,d Apr il 24, 1987 .San Bernardino Joint Venture 225 W. Hospitality Lane, Suite 100 San Bernardino, CA 92408 Dear Sir or Madame: At the meeting of the Planning Commission on April 21, 1987, the following action was taken: The application for Variance No. 87-6, to permit a waiver of San Bernardino Municipal Code Section 19.60.220.A. and B. in extending a proposed sign above the roof line and exceeding the maximum area of wall signs allowed on a rectangularly- shaped parcel of land consisting of approximately 10.9 acres having a frontage of approximately 540 feet on the south side of Caroline Street and being located approximately 685 feet east of the centerline of Hunts Lane and further described as 125 West Caroline Street, was denied based upon findings of fact contained in the staff report dated April 21, 1987. According to the San Bernardino Municipal Code, Section 19.74.080., the following applies to the above variance: "The decision of the Commission shall be final unless an appeal therefrom is taken to the Common Council as provided for in this section. Such decision shall not become effec- tive for ten days from the date that the written decision has been made and notice thereof mailed to the applicant, during ~Ihich time wr itten appeal therefrom may be taken to the Council by the applicant or any other person aggrieved by such decision. The Council may, upon its own motion, cause any Commission decision to be appealed." .0. 'i 0 ."S I;""'l. ".:,;IC:) ., ,;-, ./J o o :> :) San Bernardino Joint Venture . April 24, 1987 Page 2 If no appeal is filed pursuant to the previously mentioned provisions of the San Bernardino Municipal Code, the action .of the Commission shall be final. Sinc;;lY' . ' AO ,/',4c.___. DAVID ANDERSON Acting Planning Director mkf cc: . Building and Safety Dept. i , '0 o o o , CiTY OF SAN BERNARDINO PLANNING DEPARTMENT "'\ SUMMARY AGENDA ITEM HEARING DATE WARD 8 4/21/87 3 ~ , r-... ~ AP~I~NT: San Bernardino Joint Ventu ILl 225 W. Hospitality Lane, 5 Suite 1100, Variance No. 87-6 OWNER: San Bdno., CA 92408 OWNER- Same ~ '" t3 The ap)licant requests a variance of Code Section 19.60.220(A) and (B for wall signs to project above the top of the roof and ! to exceed the maximum allowable area for a wall sign in the C-M. Commercial-Manufacturing District. a: .... Subject properties consist of approximately 10.9 acres, having c:z a frontage of approximatIely 580 feet on the south side of . ILl Caroline Street, approximately 450 feet east of the centerline I~ of Hunts Lane. In addition, subject properties also have frontage of 360 feet and 250 feet respectively on Concourse Way and another portion of Caroline Street. '---" EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION Subject Commercial C-M General Industrial North Commercial C-M General Industrial South Vacant 11-1 Light Industrial East Vacant 11-1 General Industrial West Commercial C-M General Industrial ( GEOLOGIC / SEISMIC DYES )( FLOOD HAZARD l3hES OZONE A ( SEWERS IXI YES HAZARD ZONE K)NO ZONE DNO IlDZONE B DNO ( HIGH FIRE DYES J ( AIRPORT NOISE / DYES J( REDEVELOPMENT ~YES ) HAZARD ZONE [I NO CRASH ZONE IXI NO PROJECT AREA NO ~ o NOT o POTENTIAL SIGNIFICANT Z D APPROVAL AP~ICABLE EFFECTS 0 WITH MITIGATING - 0 ZU) MEASURES NO E.I.R. ij CONDITIONS ILl" K.J EXEMPT o E.I.R. REQUIRED BUT NO ...0 IX) 2Z ...15 DENIAL z- SIGNIFICANT EFFECTS 00 WITH MITIGATING t!:E D CONTINUANCE TO a:Z MEASURES tn:E -- >... 0 z DNO D SIGNIFICANT EFFECTS U ILl SIGNIFICANT SEE ATTACHED E.R. C. ILl EFFE CTS MINUTES a: '" \. ~ NOV. 1..1 RlVlnO ~ULY III. IKY o o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE VAR NO. 87-6 OBSERVATIONS R ["/?1/R7 ., \.. AGENDA ITEM HEARING DATE PAGE 1. The request is to waive Sections 19.60.220(A) and (B) of the San Bernardino Municipal Code for wall signs to project above the top of the roof and to exceed the maximum allowable area for a wall sign in the C-M, Commercial-Manufacturing District. Said Municipal Code Section states in part: A. Wall signs: Wall signs may be placed anywhere on the building but may not project above top of roof or beyond end of roof line or building. B. Area of wall signs: Signs may be placed on sides of buildings having frontage on a public street up to a maximum of two sides per building. Allowable total square footage to be based on a ratio of two square feet of sign area for each linear foot of building frontage per" street frontage up to a maximum of one hundred fifty square feet of total sign area per street frontage. The subject properties are located on the southerly side of the Caroline Street and Concourse Way intersection. 2. The area of the proposed signage is approximately 245 square feet per sign; the variance request is for two such slgns mounted on the DBuyer's ClubD building with the top of said signs positioned above the roof line. (Said building is currently under construction.) The proposal is for the 7'lD by 35'3D signs to be attached to the parapet for maximum exposure. 3. The Environmental Review Committee at their regularly scheduled meeting held on March 19, 1987, determined the project to be categorically exempt from environmental review. o o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE VAR NO. 87-6 FINDINGS of FACT R t..1?1/R7 ., . AGENDA ITEM HEARING DATE PAGE r ALL APPLICATIONS FOR A VARIANCE MUST INCLUDE A WRITTEN RESPONSE TO EACH OF THE FOLLOWING ITEMS IN ORDER TO CLEARLY ESTABLISH THE NEED FOR THE VARIANCE. The applicant has responded to the four necessary findings needed to approve a variance. The following are those four findings followed by the staff's response. A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district and neighborhood. Applicant's Response In order to create a regional center in a blighted area, signage is the most important ingredient. To establish a consumer awareness of this center, it is necessary to over emphasize signage, especially if it is to be viewed from Interstate 10 & 215 (Measuring channel letter only and not spaces - sign would fall within the 150 square foot maximum.) Staff's Response Variance from the terms of the zoning ordinance, as stipulated by State law and City Ordinance, can only be granted due to special circumstances applicable to the property including size, shape, topography, location or surroundings. There are no unusual, exceptional that are physical in nature that the requested variance. or extraordinary circumstances would warrant the approval of B. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. ~Rlicant's Response This variance is mandatory to insure the success of our tenant's retail business. o o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE VAR NO. 87-6 FINDINGS of FACT R 4/71/R7 fi AGENDA ITEM HEARING DATE PAGE staff's Response Substantial property right refers to the right to use the property in a manner which is on a par with uses allowed to other property owners which are in the vicinity and have a like zoning. The purpose of the variance is to restore parity where the strict application of the zoning law deprives such property owners of Privileges enjoyed by other properties in the vicinity and under identical zoning classification. The applicant's response suggests that the purpose of this sign variance is that there is a financial hardship being placed on the applicant due to sign code requirements. State planning law disallows the granting of a variance due to financial hardships. There is no evidence presented which would indicate that the preexisting sign ordinance deprives the property owner of privileges enjoyed by other properties in the vicinity under identical zoning classification. C. That the granting of the variance will not 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. AEBlicant's Response Yes. Staff's Response In determining the application for a variance, the best interest of the entire community is the controlling factor rather than the suitability or adaptability of the property in question for a particular use. The granting of the variance request would set a precedent for future requests. The best interest of the community would be served by continued efforts to bring signage into conformance with current codes. D. That the granting of such a variance will not be contrary to the objectives of the Master Plan. Applicant's R@sponse Yes. o o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE VAR NO 87-6 FINDINGS of FACT R 1./?1.'87 . AGENDA ITEM HEARING DATE PAGE staff's Response The City of San Bernardino General Plan designation for the specific site under review is -General Industrial.- The General Plan encourages development standards that will enhance the City. Allowing such a large increase in signage and signage that is above the roof would not be in keeping with the goals and objectives of the General Plan. RECOMMENDATION Based upon the observations and the negative findings of fact contained herein, Staff recommends denial of Variance No. 87-6. Respectfully Submitted, DAVID ANDERSON, Acting Planning Director MI~~' Associate Planner , , I J "1 n 1\ i9 :.\ ,lq l 1).1, J .s '111111I , 41 ~ 'III, "I I @ I ., ; i J !d ,- 'II !l . I. Jl I 4 . ; I,: '~i---" f t~L. t'i J.4J f , . ) o . I I ~' I I , \' U \ . , I , , \ , i 111 : !! , I' I' , \ , , , \ , i -'1 , !m I" I 1 , , !IS , , "1 , " \ ~ I , 1 ! " I , , " I --=-.:._.:.,~ I f I . I 'll , . i' I I, J1 II , , ~ " ,.. ... ~ " ~fO ~ I [;: [I, '-i , \ , , I .. ~ r', .. m: f >C -l m a o :II , c ~ i I o . -@ -@ , I 'j@ 1\' I : I " , I ~ ,,J I" I' I . -1 ,II . "I I' ~1 , II :, b,1 I :Iii '"L. " ili ~J I 15 J, r. f -\ II:\I! ! hl.~ , 111,11 , I q.. l~ ... ~ iq I I, '--'1 l. I '!S : ~iI ! Ir o@ 1 \'; I : I i .U ~ . I: !I Je L ~ \ (4l Q Ii 1\ t I I I , I i f. e 11 i I! , _It I .1 j .1: ,~ \11" --Ii _@ I : o \. I! . f ,I n t:: r .... I I . I &1 ~ lit ... .. :II lit ~) - ... .. .. ~ ~ . 111JlllI I ill ITllTTTl 1m l+ ,,-.-- L111JlllI I ill r ITIlTTT I I m tI'!!!!.lff!lf\~.__ _ L11 IJlll I I ill r ITIlTTT I I m u.,i._'~.""~ _._... I -..... .... -'I I . .. -- \ I i / I in 'I I" I ~ ,. I !O Ii !~ In I- II '. Iii! " I- ii i: II I- I !~ 'I ! ., I I '.' .: : ~ i -. ~ ': . !l;' ;i' . . .. .. . . 1"" : . . 1.111\i I! 1 !JI !!! It ' I.: ' I ',"'1 I' , .. ."'1 I 1 .. I,,. I llil .' . \," Ii ,,'!.. ., "T 1"... C I,ll I" I.. lo. - .:r.l. 'i.!! ~ i' ! I': ,j:I'''!'I' :~Ii : \',. .,' I I.', I " - ; i I !'! ~ I'll .:,~ 0 '. \' I · I t' I ,. I . ..; " ;!! !. i i ~ . ~ i r i i H ~ l . .."t. ~ - o , o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT AGENDA ITEM # LOCATION CASE VAR NO. ~7-6 lo.. HEARING DATE ~/21/87 8 C>M CoM CoM SA CoM CoM CoM C-3A C-3A, Co3A , C-3A C-3A l~:. ~ V L..:E: '~=800' CoM CoM COM INTERSTATE @ -3A COM C-3A 'SA ". :: Ii , .. C'M c-.. CoM CoM . .. M-I .. "-I M-I M-I 101-1 t CoM II M-I M-I M-I "-I , , M'I M-IA M-I M-IA ) I . M-I a "-I ~[ '1iRiiiT "-I M-I taL -rrJ M-IA IoI-IA R-3-1200 "-I c~ tA~ . ,,0 _~~TY OF SAN r~B:NARD!NO 0- To Mayor Evlyn Wilcox rilEMORANDU~ '.- Vincent Bautista, From Acting Planning Direct Subject . Findings of Fact for Variance No. 87-6 Date May 18,1987 . Approved ~ " Date As per your request, these are the findings of fact for Variance No. 87-6 which should be used to establish the need or basis for said variance~ A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district. Applicant's Response In order to create a regional center in a blighted area, signage is the most important ingredient. To establish a consumer awareness of this center, it is necessary to overemphasize signage, especially if it is to be viewed from Interstate 10 and 215 (Measuring channel letter only and not spaces - sign would fall within the 150 square foot minimum.> Staff's Response Variance from the terms of the zoning ordinance, as stipulated by State law and City Ordinance, can only be granted due to special circumstances applicable to the property including size, shape, topography and location or surroundings. The building in question is positioned other buildings in relation to the thereby, reducing the visibility and building to the motoring public. behind several 1-10 Freeway, exposure of said B. That such variance is necessary for the enjoyment of a substantial property applicant. bpplicant's Response This variance is mandatory to insure the success of our tenant's retail business, preservation and right of the ,-:.: .r :'.>y :'!_;(.;~? .~~, Staff's Response: Substantial property right refers the property in a manner which is allowed to other property owners to the right to use on a par with uses which are in the .i; '/ t s-1 o. o Memorandum to Ma(or Wilcox Findings of Fact for Variance May 18, 1987 page 2 o ( o No. 87-6 . . vicinity and have a like zoning. The purpose of the variance is to restore parity where the strict application of the zoning law deprives such property owners of privileges enjoyed by other properties in the vicinity and under identical zoning classification. Other businesses within the area are sizable in nature and to limit the signage of the BBuyer's ClubB -- a relatively large structure -- would unduly penalize the building in question. In addition, the maximum area for the size is 150 square feet of total signage area, per Code, a small amount for a building of such size. C. That the granting of the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the zoning district and neighborhood in which the property is located. Applicant's Response Yes. Staff~s Response: In determining the application for a variance, the best interest of the entire community is the controlling factor rather than the suitability or adaptability of the property in question for a particular use. The granting of this variance request will not be materially detrimental to the public welfare or 1nJur- ious to property and improvements in the zoning district in which the project is located. The sign would be located-in an area out of visual impact of the general public entering and leaving the store in question. D. That the granting of such a variance will not be contrary to the objectives of the Master Plan. bPPlicant's Response Yes. ~~ff~s Response In determining the application for a variance, the best interest of the entire community is the controlling factor rather than the suitability or adaptability of the property in question for a particular use. t o Memorandum to Mg:-~r ~cox ~ Findings of Fact for~riance No. 87~ May 18, 1987 Page 3 r- '\ . . The City of San Berna~din~ General Plan designation for the site under reVlew lS General Industrial. The General Industrial label includes, by its very nature, a number of heavy uses. The City has determined that this variance will not be contrary to the objectives and intent of the General Plan or any of its elements. . o