HomeMy WebLinkAboutMC-1357
Adopted: July 5, 2011
Effective: August 4, 2011
ORDINANCE NO. Mr.-11~7
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
19.22.080 (7) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO
REVISE THE APPLICATION PROCEDURE FOR OFF-SITE ELECTRONIC MESSAGE
CENTER SIGNAGE IN REDEVELOPMENT PROJECT AREAS.
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The Mayor and Common Council of the City of San Bernardino do ordain as follows:
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WHEREAS, the Mayor and Common Council adopted the current Development Code, Title 19
of the Municipal Code by Ordinance MC-789 on June 3, 1991; and
WHEREAS, on May 25, 2011, the Planning Commission of the City of San Bernardino held a
noticed public hearing to consider public testimony and a staff report recommending the proposed
ordinance as an amendment to the City Development Code, and recommended that the Mayor and
Common Council adopt the ordinance as proposed; and
WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of
the proposed Ordinance was published in The Sun newspaper on June 10, 2011;
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NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and
hereby adopts and incorporates them herein.
SECTION 2. Findings of Fact.
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A.
The Ordinance amending the Development Code is consistent with the General Plan of
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the City of San Bernardino. The proposed Development Code amendment is intended to improve
marketing and promotion of the City and businesses in the City. The recommended text amendment
provides a process for adding electronic message center signs in freeway corridors, to promote
businesses in redevelopment project areas, consistent with the following goals and policies of the
General Plan:
Goal 4.3: "Continue and expand the City's marketing and promotional campaigns."
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MC-1357
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Goal 4.10: "Utilize all available Redevelopment AgencylCity tools to revitalize and enhance
strategic areas of the City."
Policv 2.3.3: "Entries into the City and distinct neighborhoods should be well defined or
highlighted to help define boundaries and act as landmarks."
Policv 5.3.5: "Create entry improvements to help identifY distinct districts..."
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B. The Ordinance amending the Development Code will not be detrimental to the public
interest, health, safety, convenience or welfare ofthe City. The proposed amendment of the
Development Code would serve the public interest by providing a process for site selection and
application for electronic signage to promote redevelopment project areas along freeway corridors. The
proposed amendment will expand opportunities for advertisement of businesses in the City, with a
process that will protect aesthetic values in the interest of general health, safety and welfare.
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SECTION 3. San Bernardino Municipal Code (Development Code) Section 19.22.080 (7) is
hereby amended to read as shown on Exhibit A, attached hereto and incorporated herein by reference.
SECTION 4. Compliance with the California Environmental Ouality Act:
The Mayor and Common Council finds that the proposed amendment to Section 19.22.080 (7) of
the Development Code is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15061 (b )(3) of the CEQA Guidelines, the general rule that activities that will not result in a
direct or reasonably foreseeable indirect physical change in the environment are exempt from
environmental review. Addition of application procedures for electronic signage will not affect the
environment.
SECTION 5. Severabilitv: If any section, subsection, subdivision, sentence, or clause or phrase
in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
declares that it would have adopted each section irrespective of the fact that anyone or more
subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
ineffective.
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MC-1357
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.22.080 (7)
OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO REVISE
THE APPLICATION PROCEDURE FOR OFF-SITE ELECTRONIC MESSAGE CENTER
SIGNAGE IN REDEVELOPMENT PROJECT AREAS.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
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joint
Common Council of the City of San Bernardino at a regular
meeting thereof, held on the 5th day
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7 of July
8 Council Members:
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MARQUEZ
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VACANT
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12 BRINKER
13 SHORETT
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KELLEY
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JOHNSON
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17 MC CAMMACK
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,2011, by the following vote to wit:
AYES
NAYS
ABSTAIN
ABSENT
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Rac~1 Clark, City Clerk
The foregoing Ordinance is hereby approved this 6zJ.. day of July
,2011.
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Approved as to form:
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FREDERIC E. SHoKfTT, Mayor Pro Tern
City of San Bernardino
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JAMES F. PENMAN
City Attorney
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M� t35-7
EXHIBIT A
19.22.080 OFF-SITE SIGNS
7. OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS
A. Off-site electronic message center signs are permitted only in the `bile ing
leeatiens, portions of the Freeway_Corridor Overlay District that are within
redevelopment project areas, subject to a Conditional Use Permit
n....a-al City Safi 6
Uptown
B. The Redevelopment Committee shall be notified of all CUP applications for off-
site electronic message center sign permits Review by the Redevelopment
Committee as to the location proposed for the benefit of the redevelopment
project area shall be required prior to the issuance of a Conditional Use Permit for
an off-site electronic message center sign.
C. The size and advertising areas will be detetn fined through the Conditional Use
Permit process.
D. The height shall be limited to 50' above the grade of the freeway unless a flag test
determines that greater height is needed for visibility.
E. The sign face may extend up to 5 feet from the edge of the property.
F. Off-site electronic message center signs may be placed no closer than 1,000 feet
from another electronic message center sign(on-site or off-site).
G. Off-site electronic message center signs must be fitted with automatic dimming
devices, capable of lowering the intensity of light during evening hours, rainy,
foggy, or cloudy days, or similar situations.
H. Off-site electronic message center signs are subject to a license agreement with
the City of San Bernardino. The license agreement will include, but is not limited
to, signage content and "air time" for public service announcements, and may
include a revenue-sharing provision.
I. Off-site electronic message center signs must be located in the Freeway Corridor
Overlay District, subject to the provisions in the Outdoor Advertising Act
(Chapter 2 in the State of California Business and Professions Code). These
provisions include, but are not limited to, placement, location, content, and
maintenance.
J. Off-site electronic message center signs shall not be installed until written
approval has been granted by the State Department of Transportation(Caltrans).
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