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HomeMy WebLinkAbout20-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Variance No. 08-01 (Appeal No. 08- 03) - An appeal of the Planning Commission's denial of a variance to permit construction of one double-face illuminated pole sign for the business located at 285 East 91h Street at the southwest comer of 9th Street and Waterman Avenue in the CG-I, Commercial General land use district. Dept: Development Services Date: November 7, 2008 MCC Date: December 1, 2008 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the Mayor & Common Council deny Appeal No. 08-03 and uphold the Planning Commission's denial of Variance No. 08-01, based upon the Findings of Fact contained in the Planning Commission Staff Report. ~1JLid; (/. /?J-u- Valerie C. Ross Contact person: John Oquendo, Assistant Planner Phone: (909) 384-5057 Snpporting data allached: Staff Reoort Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. 'UJ (2. .-r-.. DB ""9 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Variance No. 08-01 (Appeal No. 08-03) OWNER: 5G LLC 10537 Santa Monica Boulevard, #300 Los Angeles, CA 92411 310-474-5636 APPLICANT: Warehouse Shoe Sale 13425 South Figueroa Street Los Angeles, CA 90061 (310) 715-9300 APPELLANT: Gus Navarro San Pedro Sign Co. Wilmington, CA 90744 (310) 549-4661 BACKGROUND This is an appeal of the Planning Commission's denial of Variance (V AR) No. 08-01, a request for a variance to permit construction of one double-face illuminated pole sign for the business located at 285 East 9th Street. The project site is located at the southwest corner of 9th Street and Waterman Avenue, in the CG-I, Commercial General land use district (Exhibit I - Location Map). The variance sought to modify the standards regulating the number of freestanding signs allowed in multi-tenant centers, per 919.22.150 Table 022.01(C)(3)(a). Development Code 919.72.030 (2) gives discretion to the Planning Commission to consider variance requests to permit the modification of any sign regulations. Authorization of the variance would have resulted in the construction of a 72 square foot, 25-foot high on-site freestanding pole sign (sign plans attached to Exhibit 2 - Planning Commission Staff Report). On June 17,2008, the Planning Commission denied the variance request based upon the analysis and findings contained in the staff report (Exhibit 2 - Planning Commission Staff Report). During the Planning Commission hearing, William Arguata, the operator of the business located at 285 East Ninth Street (WSS - Warehouse Shoe Sale), and Gus Navarro, a representative of the contracted sign company (San Pedro Sign Company), objected to the findings and analysis presented in the staff report. The original applicant request and support statement is included in Exhibit 2 and the subsequent appeal application and variance statement are included as Exhibit 3 of this report. The Planning Commission voted unanimously to deny the variance application. Commissioners L. Durr, Hawkins, Heasley, Mulvihill, Munoz, Rawls and Sauerbrun were in attendance. Commissioners Longville, and Co ute were absent. The appellant filed Appeal No. 08-03 on June 30, 2008, to request that the Mayor & Common Council overturn the Planning Commission's denial of the requested sign variance. Through the sign permitting procedures, San Pedro Sign Company, on behalf of Warehouse Shoe Sale (WSS), requested the subject freestanding sign as well as several building signs for the building located at 285 East 9th Street in July of 2007. Planning staff authorized the requested building signage but did not allow the freestanding sign under discussion (sign plan attached to Exhibit 2). Subsequently, Variance No. 08-01 was filed to allow construction of the proposed pole sign. The applicant contended their proposal was consistent with Development Code 1 Appeal No. 08-06 Hearing Date: FebrualY 4. 2008 Pagel 919.22.150 Table 022.01 (C)(l )(e), which allows a freestanding double-sided monument or pole sign with a maximum area of 75 square feet and a maximum height of 25 feet for single tenant establishments with at least 100 feet of street frontage. This is contrary to Staffs interpretation that the site is part of a shopping center that already has the maximum of two large freestanding signs as prescribed in 919.22.150 Table 022.01(C)(3)(a~. The shopping center currently has two free-standing signs: one identifying Fiesta Foods on 9t Street, and the other identifying Fiesta Foods with three other business identification spaces oriented toward Watem1an Avenue (Exhibit 4 - Photographs). Accordingly, the multi-tenant shopping center standards for free-standing signs were applied and the pole sign proposed to identify WSS on the comer was determined to exceed the regulations for maximum number for multi-tenant freestanding signs. The two disputed sections of the development code are presented below for comparison. Develoomeot Code Table 022.01 Si~n Re~nlations Sign Class Sign Type !\(aximum Additional Number Requirements 3. MULTITENANT Monument . One double- . Min. street frontage of 200 ft. CENTERS or Pole sign face sign per required a. Multiple with street . Sign may identify center and/or up to 3 major tenants Tenant Center decorative . One additional . Planter base or landscape area equal to or greater than Identification pole cover sign okay if a 4 times the area of one face of a sign street frontage . Vertical clearance of lOft. required or freestanding is longer than signs projecting over vehicular passageway 1,200 ft. . A minimum of 20% of the sign area shall be dedicated to center identification. MC 834 5/19/92 . Address may be included, but is not part of max. sign area I. SINGLE Monument One double face . Min. street frontage of 100 ft. required. TENANT or Pole sign sign per street . May be located within 5 ft. of public right-of-way. e. Business witb frontage . Address may be included, but is not part of max. sign Identification decorative area. pole cover In the appeal application (Exhibit 5), the appellant's grounds for appeal state that site meets the Code standards to allow a new monument as a single tenant business, despite its location in a multi-tenant shopping center with existing free standing signs. The applicant has maintained in writing and during the public hearing that the subject property (a separately owned parcel) is not part of the Fiesta Food Shopping Center and is therefore entitled to signage though the City's single tenant sign standards 19.22.150 Table 022.01(C)(1 )(e). Given that the WSS site shares parking and access with the Fiesta Foods shopping center, and was originally developed as part of the shopping center, 925 East 9th Street is clearly a part of the subject shopping center. The property was developed in 1982 under Review of Plans RP 81-14 and RP 82-18 (Attached to Exhibit 2). The first plan laid out the shopping center and identified the retail pad on the comer parcel for subsequent plan review to suit the occupant. RP 81-14 and RP 82-18 both referred to the comer parcel as part of the surrounding shopping center anchored by a supermarket. Additionally, during the public hearing the applicant and his client expressed concerns regarding ... Appeal No. 08-06 Hearing Date: FebrllGlY 4. 2008 Page 3 using the existing freestanding sign on 9th Street and the inadequacy of the building signs as street identification. Cost, visibility, and improvement of business were discussed as issues during the public hearing. FINANCIAL IMPACT No financial impact is anticipated; the appropriate application fees have been paid. RECOMMENDA nON That the hearing be closed and that the Mayor & Common Council deny Appeal No. 08-03 and uphold the Planning Commission's denial of Variance No. 08-01, based upon the Findings of Fact contained in the Planning Commission Staff Report. EXHIBITS: 1. 2. 3. 4. Location Map Planning Commission Staff Report dated June 17,2008 Appeal Application received on June 30, 2008 Site Photographs <::1 Exhibit 1 CITY OF SAN BERNARDINO PROJECT: Appeal No. 08-03 (Variance No. 08-01) PLANNING DIVISION LOCATION MAP HEARING DATE: 12/01/08 u NORTH 1",1 1::,,1,1"1 1.:1 p:::':j:"\'::r' .... .... ... .... ., .. ............ ..... ....... .... .. .. ....:c::: ::::.,,:: ... ... ... '" '. .. n .. ..... .. ... n.... .... .... 1"'" 'Y'''''I;:::f'' I :::IT I" (<2.f.!~~::. Berl)~rgi~~JI,,:,:'I!wi'i:i;li,:III,,::,1 Exhibit 2 I'RO./ECT :-.Jlllllber: Variance No. 08-01 Owner/Applicant: Warehouse Shoe Sale Description: A requcst for a variancc to pemlit construction of one doublc face illuminated pole sign for the business located at 285 East 9th Street. The project site is located at the southwest comer of 9th Strect and Waterman Avenue, in the CG-l, Commercial Gcneralland use district. ACT/ON: DENIED Meeting Date: June 17, 2008 The Planning Commission denied Variance No. 08-01. VOTE Ayes: Nays: Abstain: Absent: Durr, Hawkins, Heasley, Mulvihill, Munoz, Rawls and Sauerbrun None None Coute and Longville I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of San Bernardino. ~~~ ~-Ik-O? Date Terri Rahhal, Deputy Director/City Planner cc: Case Fi Ie, Department File, Public Works/Engineering, Plan Check i I j I . ~ " . . 4/ Exhibit 2 e SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION 1 , CASE: Variance No. 08-01 AGENDA ITEM: 2 HEARING DATE: June 17, 2008 .W ARD: 1 ',,<" .'"" $~ \ .'-;ii;,,~~;#tl ,':~~,"\~\R.,~PRESENT ATIVE: X"YGus Navarro ,. . ~.t,; ,~ San Pedro Sign Co. Wilmington, CA 90744 (310) 549-4661 APPLICANT: Warehouse Shoe Sale 13425 South Figueroa Street Los Angeles, CA 90061 (310) 715-9300 " :i' REQUESTILOCA TION: . e A request for a variance to permit construction of one double-fac.e illuminated pole sign for the business located at 285 East 9th Street. The project site is located at the southwest comer of 9th Street and Waterman Avenue, in the CG-1, Commercial General land use district. CONSTRAINTS/OVERLAYS: Urban Archeological District, Area of High Liquefaction Susceptibility, Area of Potential Ground Subsidence ENVIRONMENTAL FINDINGS: o Exempt from CEQA, ~15311 - Accessory Structures '0 No Significant Effects o Negative Declaration o Potential Effects '" STAFF RECOMMENDATION: . j~ .. o Approval o Conditions o Denial o Continuance to: ~1 ~ " 'i".l . " e " .~'. " -'.-i-;;.r~ ..... ~ :~ .;' ,if.}l 4; ;11; .. e e- e , . . Variance No. 08-0J June 17, 2008 Page 2 PROTECT DESCRIYTION The project site is located on the southwest corner of 9th Street and Waterman Avenue in the Fiesta Foods Shopping Center (Attadunent A - Location Map). The applicant requests approval of a variance to modify the standards regulating the number of freestanding signs allowed in multi-tenant centers, per 919.22.150 Table 022.01(Q(3)(a). Development Code 919.72.030 (2) gives discretion to the Planning Commission to consider Variance requests to permit the modification of any sign regulations. Approval of the proposed variance would permit the construction of a 72 square foot, 25-foot high on-site freestanding pole sign (Attachment B - Sign Plan). SETI'ING & SITE CHARACTERISTICS The project site is located~atC285 East 9th StTeet;-in the existing Fiesta Foods shopping center in the CG-l, Commercial General land use district. Surrounding properties are also located in the CG-1, Commercial General land use district, and are occupied by typical retail commercial and restaurant establishments. BACKGROUND On July 20, 2007, San Pedro Sign Company, on behalf of Warehouse Shoe Sale (WSS) submitted Sign Permit No. 50800087 for the site currently occupied by WSS at 285 East 9th Street. Attachment B presents details of all signs proposed under that permit application, including the building signage that has been permitted and installed and the proposed pole sign which was not approved. Planning staff reviewed and approved the sign package with the exception of the proposed pole sign. Variance No. 08-01 was filed in January of 2008 to request the proposed pole sign, and the application was incomplete until additional materials were submitted for standard case processing. ANALYSIS The applicant proposes to construct an additional freestanding pole sign to identify the WSS store located at the southwest corner of Waterman Avenue and 9th Street. The applicant contends (Attachment C) that this proposal is consistent with Development Code !H9.22.150 Table 022.01 (Q(l)(e), which allows a freestanding double-sided monument or pole sign with a maximum area of 75 square feet and a maximum height of 25 feet for single tenant establishments with at least 100 feet of street frontage. This is contrary to Staff's interpretation that the site is part of a shopping center that already has the maximum of two large freestanding signs. The subject property was developed in 1982 under Review of Plans RP 81-14 and RP 82-18 (Attachment D). The first plan laid out the shopping center and identified the retail pad on the corner parcel for subsequent plan review to suit the occupant. RP 81-14 and RP 82-18 both referred to the corner parcel as part of the surrounding shopping center anchored by a supermarket. . . . Variance No. 08-01 June 17, 2008 Page 3 . e Despite its location on a separate parcel, the WSS site shares parking and access with ~~ the Fiesta Foods shopping center, and was developed as part of the shopping center, originally anchored by Market Basket. The shopping center currently has two free- standing signs: one identifying Fiesta Foods on 9th Street, and the other identifying Fiesta Foods with three other business identification spaces oriented toward Waterman Avenue (as of the writing of this staff report there are two blank spaces available). Accordingly, the multi-tenant shopping center standards for free-standing signs were applied and the pole sign proposed to identify WSS on the corner was determined to exceed the regulations for maximum number for multi-tenant freestanding signs. The two disputed sections of the development code are presented below for comparison. Develo rnent Code Table 022.01 Si -" Maximum Ma:s:imum .~ Locatioo Additional Sign .Class Sign Type MaJJmum Number Sign Area Sign Heigbt Requirements Requirements 3. MUL TlTENANT Monument . One double- 125 s.f. per 35 ft. Shall not be . Min. street frontage of200 ft. CENTERS or Pole sign face sign per face located so required a. Multiple with street astobea . Sign may identifY center and/or Tenant Center decorative . One additional hazard for up to 3 major lenants Identification pole cover sign okay if a driveway or . Planter base or landscape area street frontage comer equal to or greater lban 4 times is longer lban lbe area of one face of a sign 1,200 ft. . Vertical clearance of lOft. required or freestanding signs projecting over vehicular passageway . A minimum of20% of the sign area shall be dedicated to center ~...., -, ----- .._-~.-~-_. ~-.........-----~-- identification. MC 834 5/19/92 . Address may be included, but is not part of max. sign area I. SINGLE Monument One double face 75 s.f. per 25 ft. above Must not . Min. street frontage of 100 ft. TENANT or Pole sign sign per street face grade create traffic required. e. Business with frontage hazard at . May be located witbin 5 ft. of Identification decorative comers or public right-of-way. pole cover driveways . Address may be included, but is not part of max. sign area. e Sign regulations are intended to ensure effectiveness and compatibility of signs by setting standards for legibility, proportionality, and protection of basic aesthetic quality of the commercial streetscape. Accordingly, the building signs and wall graphics already authorized and constructed under Sign Permit 50800087 effectively identify the premises for both pedestrians and motorists, without dominating or cluttering the streetscape. . - . . Variance No. 08-0/ June /7. 2008 Page 4 e FINDINGS e e 1. TIrere are no special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under an identical land use district classification. There are no special circumstances applicable to the subject property that would warrant modification of the Development Code Sign Regulations. The applicant is requesting a variance from the Development Code standards regulating the maximum number of freestanding signs used to identify a shopping center or businesses within a shopping center. The analysis section of this staff report provides a summary of the request and the applicable Development Code limitations. The subject site is flat, rectangular, fully developed and located at a major intersection. The building is located right on the corner, with excellent visibility from Waterman Avenue and 9th Street. There are no disadvantages associated with the site that would require additional signage to have the same exposure as other businesses in the vicinity or in the CG-1 land use district. 2. Granting the Variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Variance is sought. Property rights relative to signage would be identified and quantified as the maximum signage permitted by the Development Code. Granting an additional free-standing pole sign, as requested by the proposed Variance No. 08-01 to identify an individual business in a shopping center is not necessary to preserve equal opportunities for signage. Granting the extra signage requested by the Variance would constitute a special privilege, not a standard right afforded to other businesses in other shopping centers in the vicinity of the subject site or in the CG-lland use district. 3. Granting the Variance would not be materially detrimental to the public health, safety, or welfare or injurious to tire property or improvements in the vicinity and land use district in which the property is located. Granting of the proposed variance will not be materially detrimental to the public health, safety, or welfare, nor injurious to the property or improvements in the vicinity and other properties under the CG-1 land use classification. Construction of the proposed sign would clutter the streetscape with extra signage. This would be aesthetically incompatible with the existing shopping center signage, but it would not threaten the public health, safety or general welfare. . e e e 'I . . Variance No. 08-01 June 17. 2008 Page 5 4. Granting tire Variance would constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in whidl the property is located. Properties/businesses in the subject shopping center and under the same land use classification are subject to all applicable provisions of the Development Code. These regulations specify permitted signage based on several factors, including land use classification, size of the development, building wall length, and street or parking lot frontage. Granting the proposed variance in this case would constitute a special privilege of extra signage, inconsistent with the applicable sign regulations and design guidelines, as well as the original plan approvals for the Fiesta Foods shopping center (RP 81-14) and the WSS building (RP 82-18) at 285 East 9th Street. --:;- 5. Granting the Variance would not allow a use or activity which is not othenl.ise expressly authorized by the regulations governing the subject parcel. Granting the proposed variance will not permit or facilitate a use or activity that is not authorized by the applicable regulations of the CG-1 land use district. Retail uses, like the current occupant of 285 East 9th Street, are permitted in the CG-1 land use district. 6. Granting tire Variance would not be consistent with the General Plan. -~,-- '. Granting the requested variance would be inconsistent with the policies outlined in the~ ..... City of San Bernardino General Plan. General Plan Policy 5.2.6 says: "Ensure implementation of sign regulations which address issues of scale, type, design, materials, placement, compatibility, and maintenance." This policy establishes a clear relationship between the Development Code sign regulations and -General Plan --~ consistency. Implementation of this policy requires 'compliance with the sign regulations in the Code to maintain consistency with this General Plan Policy. CONCLUSION The proposed sign does not satisfy the Findings of Fact required for approval of Variance No. 08-01. RECOMMENDATION Staff recommends that the Planning Commission deny Variance No. 08-01 based on the analysis and findings contained in the Staff Report. . e e . . Variance No. 08-01 June 17, 2008 Page 6 Respectfully Submitted, )ldM;tJ?~ Valerie Ross Director of Development Services Attachment A Attachment B Attachment C Attachment D Location Map Proposed Sign Plan Applicant's Variance Findings Background Documents re: Development of the Site - ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: Variance No. 08-01 PLANNING DIVISION LOCATION MAP HEARING DATE: 6/17/08 u NORTH . l:f:~ij~?; ;]~mf~~!;U:~~~j.;~1!jt ~,i,:'i::~t~[:,iJ:;~~}~it ,~!,!~:L : (C) Cltu of San Bernardino.jj:ir,;, 'k ...n ',. ;..~..~ .u.~_ "'I t;I ;oj,:;;. 1'1.. 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" c y.!! ci :li!U :::..t!CIt~ c: ........:: E.e' >lOo<ic"" -.. ...- .....11) - 0 IOCa'DD :;CitE';-=- C;::;_IIa'" =- c:- 0 rn~I.5- ';;A.......:!~ . >o~ A. .!!-lII'a.. lZ.C.a CD :is.:.:!;: ! .. li "" c ~ 0 .c II) JI: u Z 1\I ..a c( - CIl :i III .. a: CIl c W .. 0 ~ (J .c ~ - i z :3 A. W I- en Q w I- :J: '" :i :J: '" i: Q Z c( Q w '" a: :3 z w ~ 111 . ~ .. 0. " :E ~ f " " ~ i: ... .~ ~ g ~ "0 ~ . > i;" E c , o ii i " ~ o < . s . 'ii e . a . eo ... i ~ i;" E < " .. 'l tl < . i e ~ : o " f . : ~ o ~ .. t I ~ " .. < o ~ . ~ K f !! g - '6 ~ o 1l t. K~~O Il'#!~ ~~~t) . ~m ~lVi1J@ @],@@(i30cs ~ CS@LQ1iPw~ . ATTACHMENT C Warehouse Shoe Sale 285 E. 9th Street San Bernardino, CA Upon researching with the San Bernardino County Assessors, The building and property that Warehouse Shoe Sale is located in its own separate lot and parcel that is a stand-alone property. The County Assessor records shows that the commercial property that is located at 285 E. 9th SI. (APN# 0140 241 070000) is not tied, part of or has any ties to the abutting shopping center or commercial property in either direction. The abutting commercial property at 263 E. 9th SI. (APN# 0140 241 490000 & APN# 0140 214500000) which is currently occupied by "Fiesta Food Warehouse Cente~' and other commercial stores is not part of the parcel occupied by Warehouse Shoe Store. This property that Warehouse Shoe Sale occupies has 2 street frontages, 221'-0" on 9th street and 180'- 0" of street frontage Waterman Ave. Upon researching the city of San Bernardino on premise municipal sign code and according to information provided by the city of San Bernardino planning department and as per table 022.01. Sign Regulations by Land Use Category, it clearly states that a pole sign is allowed providing the property has a .inimum of 100 ft. street frontage. ~he proposed Warehouse Shoe Sale Double Face Illuminated Pole Sign design proposed is in conformance with the city of San Bernardino signage regulations. The pole sign W S S is proposing measures 25' - O. from grade to the top of the sign, with sign faces that measures 6' - 0" in height and 12'-0" in width for a total of 72 Sq. Ft. per sign face which is in compliance of the city of San Bernardino municipal sign code. This Warehouse Shoe Store occupies is a .single user business. property and building. The most important reason Warehouse Shoe Store in securing this installation of this proposed pole sign is that this building Warehouse Shoe Store occupies on the property is set back more than 40'-0" from the street and is not easy to view from a distance when approaching the intersection from all directions. For this Warehouse Shoe Store location the pole sign is utmost critical in identi1Xing vehicular traffic in all directions. Also since the building is set back a substantial distance from both Waterman and 9 street the installation of this pole sign is very critical of the success and longevity of this location for Warehouse Shoe Sale. As a foot note there has been other business in this same location that have not survived, the principal reason believed is because of business identification and to identify what product is being sold on this property, again this is a stand alone business/store and is not part of the retail shopping center adjacent this building/property. Warehouse Shoe Store has an obligation to serve the community of San Bernardino. Warehouse Shoe Store is a type of business that is involved and with the support and approval of this pole sign, this will add to the longevity of Warehouse Shoe Store survival at this location and to this community of the city of San Bernardino. e 701 Lakme Avenue / Wilmington, California 90744/310-549-4661/ FAX: 310-549-2482 '.~ " . . ,\.~ ,,). ,;>:-.... J. . d ;"", , ""--\ p ".\ "~ " ',~:" ~y' OF. SAN ~BERNARDINO ;-.:dt. ',;:,,;""'-:. . '/~ \ ':0.. :.-"":~~ '. : :....~, I '\....'\..-.:.~ '. '~J'":; ..:':.It.,_ . ...... ~...."/ ...,..l'n...... ..;;'. :':'J"v ~;;~..~:.~,:: '"- '~~ ......;;.. /..~;y,:~~~~:....;. , ATTACHMENT. 0 300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 9241B W.R. "BOB" HOLCOMB Mavor Members of the Common Council Robert A. Cut.ned. . . . . . . . . . First W.rd Jock ROllly. . . . . . . . . . . . . . Socond Word April 22, 1982 Rillph Hern.ndn . . . . . . . . . . . Third W.rd Mn. Ann Botts . . . . . . . . . . . Fourth W.rd Lionel E. Hudson. . . . . . . . . . . Fifth W.rd John O. Hobbs . . . . . . . . . . . . Sixth W.rd JOIck Strickler . . . . . . . . . . . .Seventh WOIrd Kobacker-Shoes C/O Haugaard-Elrodr Inc. 221 East Walnut Street, No. 238 Pasadena, CA 91101 Gentlemen: e At the meeting of the Planning Commission on April 20, 1982, the follow- ing action was taken: That the application for Review of Plans No. 82-18, to construct a 7,920 square foot freestanding commercial building as part of a commercial shopping center on a rectangularly-shaped parcel of land consisting of approximately 0.85 acre located at the southwest corner of Ninth Street and Waterman Avenue, was ~pproved subject to the conditions listed in the staff report dated April 20, 1982. Respectfully, G-A-O--.';)cJ'L-' FRANK A. SCHTJlolA Planning Director . mf cc: Building and Safety Dept. Halverty Development Company 221 East Walnut Street, No. 238 Pasadena, CA 91101 4t,.. ';") ::. .\ ~ ~'>;ld, . '~l";.;J.l ..... . 1 . . ,. CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE Review of Plans e REVIEW of PLANS e~~~~:GO;~i~:18APril ~6, 1982 "" PAGE 1 ~ ~ e~ e APPLICANT: Kobacker-Shoes c/o Haugaard-Elrod, Inc. 221 East Walnut, No. 238 Pasadena, CA 91101 OWNER' Halverty Development Company 221 East Walnut, No. 238 Pasadena, CA 91101 ...--.. ~ fI) LLJ I ~ 1 l!l ~rr ~l fI) z 01 t- ~ ,0: ILl CJ) al o I I II U The proposal is to construct a 7,920 square foot, freestanding commercial building as part of a commercial shopping center. Subject property is a rectangularly-shaped parcel of land consisting of approximately 0.85 acre located at the southwest corner of Ninth Street and Waterman Avenue. 1. 1'l1"" applicant proposes to construct a 7,920 square foot commercial building as a part of a convenience neighborhood center located at the southwest corner of Ninth Street and Waterman Avenue. The site is located within the C=JA,.~Limited General_(;.ommer_cJi!J~zone.~,... 2. The convenience neighborhood center was established by approval of Hinor Subdivision No. 632, Change of Zone No. 1187, and Review of Plans No. 81-14 by the Mayor and Common Council on April 6, 1981. 3. The proposed commercial building will contain four shops of the following sizes: Shop A: 1,500 square feet Shop B: 1,400 square feet Shop C: 1,500 square feet Shoe Store: 3,495.5 square feet 4. The proposed building will be located at the northeast portion of the site and set back approximately 20 feet from the property line off Waterman Avenue and approximately 41 feet from the property line off Ninth Street. 5. The submitted landscaping plan indicates ground cover around the north and east sides of the building and trees planted along the east side. The submitted landscape plan has been sent to Park and Recreation for review and approval. \..( RECOMMENOATION: NOV. 19'0 Ii] APPROVAL DOENIAL DCONTINUANCE TO . r CITY OF . SAN BERNARDINO PLANNING CASE DEPARTMENT '" Review of Plans No. 82 18 AGENDA ITEM HEARING DATE April PAGE e CONDITIONS e e 11 20. 2 1982 ... 1. All signs shall comply with Section 19.60 of the San Bernardino Municipal Code and shall be reviewed by the Planning Department prior to the issuance of a sign permit. 2. Landscape plans shall be reviewed and approved by the Planning Department. 3. Al.l conditions of Minor Subdivision No. 632, Change of Zone No. 1187, Review of Plans No. 81-14, and Review of Plans No. 82-18 shall be complied with prior to occupancy. 4. If no deve lopmen t occurs within one year of the da te of approval, approval of said review of plans (82-l8lshalI be null and void. RECOMMENDATION: Staff recommends approval of Review of Plans No. 82-18 based on the staff report and subject to the above conditions. Respectfully submitted, FRANK A. SCHUMA Planning Director NOY. 1980 \.-,VINe ....~. ~""'. C"~ <.10."'''.' :'i.'\~.')/, ;.. "",\"",~,":O ~ ,'.. ~~-~~:.r'''''''L J~~/~~?"~\~ !~I .~~ .~,,'~ _X;\~\~g:~~~~BERN ARDINO .;,..~~~~~.;-'j \."",~.-:,,,,~;:,.. " ,......IT'.~J..i.i\.,:..'~.;..,~ . "'I . ,".I o ,v''/IJ1!.!J V' "'" "'.,.. O.J THe: ~, . . 300 NORTH "0" STREET. SAN BERNAROINO, CALIFORNIA 92418 W. R. "BOB" HOLCOMB Mayor Members of the Common Council tobert A. Ca$taned. . . . 4 . . . . . First Ward :.dward S. Wheel.r. Jr.. . . . . . . Second Ward blph Hernand'l . . . . . . . . . . . Third Ward ~jchard F. Gerwig . . . . . . . . . Fourth Ward Jon,,' E. Hudson. . . . . . . . . . . Fifth Ward ohn D. Hobbs . . . . . . . . . . . . Sheth Ward 'ack Strickler . . . . . . . . . . . .Sewnth Ward June 26, 1981 Mr. Gil Saenz Wes Engineering 3272 North "E" Street San Bernardino, CA 92405 Dear Gil: e Please be advised that on April 6, 1981 the Mayor and Common Council approved Change of Zone No. 1187, a proposal to rezone approximately 6.28 acres of land located at the southwest corner of Ninth and Waterman from C-3, "TOO, and R-3-3000 to C-3A. Unfortunately, an error was made in the legal descrip- tion which was prepared for the ordinance implementing the zone change. An amended legal description was prepared and approved by the City Council. This corrected ordinance will become effective July 22, 1981. Also approved in conjunction with Change of Zone 1187 was Review of Plans No. 14 and Minor Subdivision No. 632. Review of Plans No. 14 proposes the development of a market of approximately 42,075 square feet and approximately 11,996 square feet of anCillary commercial uses. Minor Subdivision No. 632 allowed for lot line adjustment for the three parcels in question. Building permits for the development of the market and ancillary co~mercial uses may be issued by the City after July 22, 1981, however, your plans may be submitted for plan check at any time. If you should have any questions, please contact me at 383-5057. Respectfully, I' r- ."''.'1.. .Uj , ~f?~ FRANK A. SCHllMA Planning Director mec "I CITY OF SAN .ERNARDINO - .EMORANDUM To eject The Honorable" Mayor and Common Council " From Frank A. Schuma Planning Director Change of Zone No. 1187, Minor Subdivision No. 632 and Review of Plans No. 14, Ward 1 Date March 19, 1981 Approved Date At the meeting of the Planning Commission on March 17, 1981, the following recommendation was made: That the applications for Change of Zone No. 1187, Minor Subdivision No. 632 and Review of Plans No. 14, to adjust the lot lines between three existing parcels and to change the land use zoning district from C-3 General Commercial, "T" Transitional and R-3-l200 Multiple Family Residential to C-3A Limited General Commercial for property located adjacent to the southwest corner of Ninth Street and Waterman Avenue, were recommended for approval based on findings of fact contained within the attached staff report and subject to the conditions listed therein with the following modifications: 1. Delete entire condition. 3. A Certificate of Compliance for a lot line adjustment will be required. A-Pa~eel-Map-baeed-tlpeft-a-€~e~-stl~vey-sha~~-be-~eqtli~ed~ To eliminate excess driveways on Ninth Street, the flag portion of the double frontage lot shall be eliminated. . e 8. All drainage and flood control subject to San Bernardino County Flood Control District recommendations and approval of the City Engineer. Subdivider's engineer to furnish all necessary data relating to drainage. ~he-deve~epe~-sha~l-eense~tlee-e~-pay-ehe-G~ey-ene-Ra~€-eRe-eseimated eeftse~eeieft-eese-ef-ehe-fellewiftg-€aeilieies-wRieft-a~e-shewn-eft-eRe Giey-Seerm-B~aift-Hasee~-Plaft~--lG8~-R~G~P~-ift-NifteR-Sereee~ The mitigated Negative Declaration, which was reviewed and considered, was also approved . This item will be on the agenda for the Council meeting of April 6, 1981, at 7:30 p.m. in the Council Chambers, City Hall, 300 North "0" Street, San Bernar- dino, California. ~~~ FRANK A. SCHUNA Planning Director e mf atts cc: Building and Safety Dept. Engineering Division Park and Recreation Dept. cc: Wes Engineering Co. 3272 N. "E" St., Ste. D San Bernardino, CA 92405 L.A. Mifuku, Inc. 131 S. San Pedro L.A., CA 90012 Jeb and Roberta Houser 3197 Valencia Ave. San Bdno. CA 92404 C, T YON ., ~1 E ;:;M~'U;fi Glen E. Conley 384 Rcche Cyn. Rd. Colton, CA 92324 - . CITY OF SAN BERNARDINO PLANNING e SUMMARY .-.....:.r.~AR..:.~;,. DE~J\ R-rtl "-I' n._ rM l'Jili::. ,\I I AGENDA ITEM HEARING DATE WARD 12 March 17 , 1 1981 W en <t o ~ en W ::> o w a:: 00 .....It-,'Y;.,;.~ ~,....~. APPLICANT Wes Engineering Company 3272 North "E" Street, Suite D San Bernardino, CA 92405 Los Angeles Mifuku, Inc. Glen E. Conley & Judy Conley Jeb Houser & Roberta Houser Change of Zone No. 1187 Minor Subdivision No. 632 Review of Plans No. 14 O'NNERS: To adjust the lot lines between three existing parcels and to change the land use zoning district from C-3 General Commercial, lOT" Transitional, and R-3-1200 Multiple Family Residential to C-3A Limited General Commercial, and review of submitted site plans and elevations. Subject property is located adjacent to the southwest corner of Ninth Street and Waterman Avenue. e EXISTING LAND USE obile home sales,general ommercial, vacant property esidential, service statbn aseball park, vac. prop. eneral commercial esidential, vac. prop. ZONING GENERAL PLAN DESIGNATION PROPERTY Subject North South East West C-3, liT", tf tI General Commercial Multiple Family General Commercial Commercial/Industrial Multiple-Family institutional, open spa R-3-1200 " C-3, "T", C-3, C-M, R-3-1200 "0" County e ..J i:! Zen We.!) ~Z Z- OO a:Z >u:: Z W NOV. 1geo GEOLOGIC / SEISMIC DYES FLOOD HAZARD DYES OZONE A ( [ZlYES ) HAZARD ZONE GaNO ZONE KlNO OZONE B SEWERS oNO HIGH FIRE DYES AIRPORT NOISE / YES REDEVELOPMENT YE ion HAZARD ZONE ~NO CRASH. ZONE []NO PROJECT AREA oNO of ro- y) o NOT APPLICABLE - IXJ POTENTIAL SIGNIFICANT EFFECTS [XJ APPROVAL WITH MITIGATING Z MEASURES. NO E.IR 0 ti 0 CONDITIONS OUR REQUIRED BUT NO !LO 0 DENIAL SIGNIFICANT EFFECTS !LZ WITH MITIGATING ILl MEASURES i:!~ 0 CONTINUANCE TO en:: 0 o SIGNIFICANT EFFECTS- 0 ILl SEE .ATTACHED E.RC. a: MINUTES o EXEMPT oND SIGNIFICANT EFFECTS -,,~ ""I . ",':; ~ . _IT T "~;"\.~."":J:~ CITY OF SAN BERNARDiNO PLANNING DEPARTMEi.\1' r A . OBSER. ~~J ~O ~~S CASE g~~gf~:;~~di~Y~1b~A~o':-63 . . . I .R!:..i".. af Plftne-Ne..-l4 , '1:'. AGENDA ITEM 1? HEARING DATE M"rch 170-1981 PAGE 2 ~ - .....~~.... I,;.'~' The requested change of zone is compatible with the General Plan which designates the site for general commercial land uses. The. General Plan recognizes two types of outlying shopping districts or centers: Convenience Neighborhood Centers. Providing the day-to-day goods and services required by people who live within a few minutes convenient driving time from these Centers. The Convenience Center is usually de- veloped around a food market and drug store as major attractions. Other related shops, services, and offices round out the Center. Standards should be very high since these areas are almost always a part of a resi- dential environment. E e Shopping Centers. As implied by the term "shopping", these centers are designed to attract people who are in the process of buying general mer- chandize, apparel, home furnishings, and other specialized goods. These centers provide a wider range of store types and depth of merchandise and selections. They attract shoppers from a wider area than the con- venience center. There are, therefore, fewer centers of this scale. The major attractions are usually the various, level of department store, and large chain apparel stores. The submitted site plan indicates that the proposed commercial project would conform to the above definition of a Convenience Neighborhood Center which according to the General Plan should include the following criteria pertaining to location and de- velopment standards: ~--'- --- - Be located not less than one mile apart. Be located as near the center of their respective trade area as possible and have good access from all parts of the area which they intend to serve. Be located at the intersection of major traffic arteries and provide conven- ient safe ingress and egress from the parking area. .~ Not encourage substantial increases serving residential areas. - ~- - .' .-. .-..-..- in traffic circulation on local streets Provide enough land for integrated development of convenience uses, and off- street parking. These centers are intended to remain relatively small and not expand into a major shopping center and thus disrupt the residenial property. They should be buffered by masonry walls and landscaping. Access to parking areas from local residential streets should be prohibited. e The proposed commereial project would appear to have met the basic criteria as out- lined above for the following reasons: a. The area surrounding the site is presently lacking a major ~:Od ma.rket~~,) NO". 198(1 e e e . - . - - --.,.\Oo......"..,~......'.,..~~ CITY OF SAN BERNARDINO PLANNING DEPART~:il~:;:~'rr . CASE Change of Zone 1187_~ OBSE R~rp;.JIONS dinor "ubd~VISIOIl No. 63 ~ie\J af Pliffi~ . .. . AGENDA ITEM ]2. . HEARING DATE MQ.rch 17. 1981 PAGE 3 .......:-:...f/bI.1';\~~ .~~. b. Major residential areas do exist. directly north and to the east of the site across Waterman Avenue. c. Waterman Avenue and Ninth Street are designated and function as major arterials as defined in the General Plan. d. Ingress/egress would be obtained from Ninth Street and Waterman Avenue, no local streets would be utilized. e. The site consists of approximately 6.3 acres and is of sufficient depth and width to accommodate the grouping of commercial uses rather than the strip commercial which presently exists along Waterman Avenue. f. Existing residential areas are located to the north of the site across Ninth Street and would not be directly affected by the presence of the commercial project. Residentially zoned areas (presently vacant) abutting the site to the west are part of the proposed expansion of Seccombe Lake/ Park. The criteria of the "T" Transitional zone, which is intended as a buffer arca between commercial and residential areas, would be addressed through the adoption of the C-3A Limited General Commercial zone requiring site plan review. The requested minor subdivision would adjust the property lines of three existing lots to accommodate the placement of the proposed structures and to permit se- parate financing for each. The submitted site plan indicates a food market consisting of approximately 42,075 square feet, several retail shops consisting of a total of 11,996 square feet and an undesignated detached building pad area of approximately 8,000 square feet lo- cated adjacent to the corner of Ninth Street and Waterman Avenue. The main market Iwu1d face toward Ninth Street with a structural setback of approximately 265 feet. Retail. shops would side onto Waterman Avenue with a building setback of 20 feet. A minimum of a ten foot wide landscape planter area is proposed adjacent to street frontages. . -- -.. .. .----...'. A total of 322 parking spaces are proposed, minimum required parking is one space for 350 square feet of gross building area or a total of 178 spaces. Vehicular access would be provided via two driveIJay approaches from Ninth Street and one driveway onto Waterman Avenue. The applicant proposes to provide common parking and vehicular access agreements between property boundaries. Due to the irregular shape of the parcel and the placement of the proposed struc- tures, a portion of the site would be hidden from view to adjacent streets, the applicant proposes to use said arca for loading, employee parking and an area con- sisting of approxima.tely 0.57 acre which is designated as undeveloped. Said property is presently a land locked parcel. Because of its isolated prox- imity to the main activity area consideration should be given to its potential ~-- 1....",.... ~.t.-'~~' _~..>>'!dI_ - NOV. 1980 '1 " . ~~ _~ ~"'1 h,.<<i'rI~'r.o1L";'4.'.'.:J:';;;'~' CITY OF SAN BERNARDINO PLANNING ~;;U;;RPa~X~t;Lf1~'~{ . 4ft oroSC'IlU>\\.' r,4\TaOf');.gS CASE ~~~~~wS~~dh:';~-Glfu~46 o f1:;;. n ViM D m u ~ AGENDA ITEM 12 . . HEARING DATE March 17. 1981 PAGE 4 -'~~~'A~n" J7C,,",,;;-;..;l"~'''''''',.' aiding crime. In addition, the area for creating a maintenance problem. has offered to dedicate a portion of park (Seccombe Lake). The Department terest in obtaining said property. designated as undeveloped has the potential. In response to the above concerns the applicant the rear area to the city for the adjacent of Park and Recreation has expressed an in-. SUMMARY AND RECOMMENDATION: Planning Department recommends approval of the requested change of zone from C-3, "T", and R-3-1200 ~ C-3A Limited General Conunercial, Minor Subdivision No. 632, and Review of Plans No. 14. Conditions of approval are included for Minor Sub- division No. 632 and Requested Review of Plans No. 14. e e ~~~ NOV. 1980 - .... - -~-.:.;. '1 ~ . _.II _ _._ _...-- -...~~....:t(u:'... '.~'\:: CITY OF SAN BERNARDINO PLANNING cliDEPAr.,rncl'i<I:;,t/'-1T CASE ,ange ~'~o~e, 0 e lLR~.nDR~n. GS o~r re'h1..CT ~~~<JS~~Jp,.;~~v.NoNuit.63 !l U~'lI DU1i4' r~\ g AGENDA ITEM 12 HEARING DATE March 1.~.981 PAGE. 5 _ ",'(M,t~,,*,,:,..i"'''', ..~<"l""'~ FINDINGS OF FACT FOR MINOR SUBDIVISION NO. 632 1. The C-3A Limited General Commercial zone does not specify a minimum lot area, width or depth. The proposed lot line adjustment would increase total lot areas. 2. Requested minor subdivision would adjust the property lines of three existing parcels to accommodate the placement of the proposed structures. Mutual parking and access agreem6Is ~uld be provided to insure proper access to pub- lic streets. 3. The legal m,ner of record has offered to make all dedicat ions required. e e ..-. - - '~- .o'!"W'\\I llC"- -- ~~l -.....~ ._- .__._."1" - --_ -_.""'~ NOV 19000 , . ~~'l --- - 1VIQ_.1: .~'II: ~... - ~1dII_ .~~~..~OM; Conditions - Minor Subdivision No. 632 ~l ete __l-:-_*+_f.f.}c.~_ie--t.......-ha--p-~-4;&-de-t-e-Fl1l-:Hw--t.h.G--c...o&t--4;&-J;h.ie--p.~-G.f. -<rignft-l-~i<m--cltangt'>S-i+-TeqU'HOO--b?'--t~....-~i-G--Enfr:i.n6G-F-~ lify -r- 3. e 2. Common vehicular access and parking easements between the subject parcels shall be shown on the recorded Parcel Map or Certificate of Compliance. A Certificate of Compliance for a lot line adjustment will be required. / *~l--Majr-lHtaed--Ifj>O-fr-e--f.ie-l-d-~-&lla-I:l--ha--'F<><t<..:i,.F&d-. To elimina te exe ess driveways on Ninth Street, the flag portion of the double frontage lot shall he eliminated. ~ Utility services shall be placed underground and easements provided as required. I 4. 5. All lots shall he served by City watcr and City sewer service. 6. All grading shall be done in compliance with the applicable provisions of City Grading Ordinance No. 3974 and an approved grading plan. 7. All lots shall drain to a public dedicated street, alley, drainage easement, or as approved by the City Engineer. The large parcel, in particular, may require drainage facilities and easements across private property. lify --8. All drainage and flood control subject to San Bernardino County Flood Control District recommendations and approval of the.City Engineer. Subdivider's en- gineer to furnish all necessary data relating to drainage. rhe~veh're~-~Hal-l- ~~~rtte~-&r-ray-~-G~~y-&fte-H&l-~-~~~&~a&ed-e6fta~F~e&~~-&&S&-9~&~9-Fsl-- l<l\~fnt;-.f-".eH,:r,,"~-w!Ti,elT-aFe-~- -~-Gj,~y-S~_-IlFaj,~-Ma~&eF-P.l-a....-MJ.g~. R.e.~.-i:tT-Ni:Ttt-h-&,,"reet. fa 9. All spring water that may be uncovered during construction shall be drained by underground system. No open spring drainage will be permitted on the site. 10. Street Improvements and Dedications: a. Ninth Street: Required improvements and dedications 'presently exist, except for additional ornamental street lights. Any existing excess drive- ~ I ways shall be removed as approved by the City Engineer. b. Waterman Avenue: Street widening will be required. Dedication of adequate street right-of-way to provide a distance of 55 feet from street centerline to property line. The curb line shall be 36 feet from street centerline. Improvements shall include: Curb and gutter, fill in street paving, sidewalk, ornamental street lights, driveways, and the relocation of the existing traffic signal and appur- tenances. ~~~~~ - NOV. ,t)$O ...... - --- -Yo":lC.f:1t; ---....- - tit , . '" -a - - __,Io~-o;'~:..o.r''''"",,''.;l-.:w - -.. CITY OF SAN BERNARDINO . PLANNI NG DEPARTMEi~!;T CASE Change of Zone No. 118l hino!:' "ubdl.yis-nm-'''J. 3 11.,,"1..,] gf Pl.~<.>-_--l4 AGENDA ITEM 17 HEARING DATE M"Tch 17, 19a;1 PAGE -1 ____ '~~r~> ... COND~T;ONS c. Prior to acceptance of improvement plans by City Engineer, subdivider's en- gineer shall submit sufficient soil tests by a recognized soil testing lab to demonstrate the adequacy of the pavement design indicated on street cross sections shown on improvement plans. d. If the required improvements are not completed prior to the filing of the Parcel Map, an improvement security accompanied by a Parcel Map agreement ex- ecuted by the owner and the City will be required. e. Improvement plans for the entire project shall be completed, subject to the approval of the City Engineer, prior to the filing of the Parcel Map. ~ 9. All driveway approaches to meet City standards or as may be approved by the City Engineer. 10. Street signs and other regulatory signs as required by the City Engineer to be paid for and installed by the developer. 11. An electrical energy fee for street lights, for a period of 48 months, shall be paid to the City Engineer prior to recordation of the final map. REvn:w OF PLANS I/O. 14 1. Prior to the issuance of building permits a complete landscape and sprinkler design shall be submitted to the Director of Park and Recreation for review and approval. Said landscape plan shall include landscaped earthen mounds along adjacent street frontages. 2. A mutual vehicular parking agreement shall be recorded for the entire com- mercial center as approved by the City Attorney's office. 3. All lighting shall be directed downward and away from adjacent commercial and residential uses. 4. A six foot high.decorative masonry wall. shall. be constructed along the wes.terly ./ and southerly property line. I 5. I Should the applicant be unsuccessful in transferring Olmership of the area de- signated as undeveloped located at the rear of the proposed market to the City of San Bernardino, or an abutting use, said area shall be paved with asphalt. 6. Decorative wall treatment shall be provided along the westerly wall of the mar- ket and along the southerly wall of the retail shop building as approved by the Planning Department. :r_-..''''iIW'" --- - 4 ----"'I ___--..1114'-.... - Nnv l~~n To ~ject - C~TV OF SA~j 1E~:lNARDJNO - FRANK SCHur~A Planning Director Engineering Division's Amended Recommendations for Minor Subdivision No. 632 - Southwest corner of l-Iaterman Avenue and 9th Street ~E~f]ORAu\jDUjv1 C. GLENN WILSON, Dir. of From Pub 1 i c Horks/City Engi nee Date flarch 17, 1981 F i 1 e No. 11.051 r.1S 632 Approved Date tit e Recommendations No.1 and 6 of our memorandum dated March 9, 1981 shall be amended as follows: 1. Based upon a conversation with the developer and his engineer, the com- plexity of the lot lines to be realigned for the project \1ill be reduced to the point where a lot line adjustment is considered appropriate in lieu of the previous requirement for a Parcel Map. Therefore, a Certificate of Compliance for a lot line adjustment will be required. 6. The State Subdivisions Map Act does not apply to lot line adjustments, therefore, it would appear that the provision of the City Subdivisions Ordinance (Section 10.25) which allows the City Engineer to require the subdivider to construct City Master Plan Storm Drain facilities does not apply to this project. Therefore, the previous requirement that the developer construct or pay one half the cost of the 108" RCP line in 9th Street should be deleted. C. GLENN WILSON Director of Public Works/City Engineer ,--.- I~~~ tkt-~ BARRYE R. HANSON Senior Engineer BRH:rs It B 7 if (;) [J;1 7 M IE ::;o)J;;O=;t~ ~. ._-~....."..,....._- . .. ~ CITY OF SAN BERNARDINO PLANNING DEPARTMENT " ~~;;~ e ITEM #: lOCATION CASE CZ #1187 and MS #632 ~ Rpvipw of Plrins No. 14 ~ 12 HEARING DATE 3/17/81 '" ~ ~._v... e e i-:P' ~' 'r ~R-4 ' r; ~ ~~, ~'70' "? '---L..Ji7 d a::~ . o:~R3a:::a:""Cl:C::... s '" ::) (t T T;t: ..J T . -3 3 c-" :C-3 C-3 C-3 :; rn fC-31 C-3 ~ ~ ~'~il'. r,T"lu' ;] c;:] ~ ~~ R-3 ~ Ttll R-3 I R-~ U., R-3 I R-3 J[B :l~ ~u,'" OR ", [J I R-3 ~ R-I C-2 ST. IE C-3 R-3 TN~ R-3.,~~ ~070= R-3 T c, ... &-. r:t . '. R -3 ITlc"Il;' ):i? R-3 R-3 CoM --:---] ,-- I- I .R-3 [2!;JO lli)ZJ.CS~ gaB9 It ., o T I n I I C-M I - ~ ~-3 L~ h~.... . .-.." rt). . t ..... rt') eHOOl ~ ST. ST. ., I'. o VltTORIA . (:-"'- CoM C~M [-- . U. I -=:1 ~ C-3A ;;I CoM I~~~ ~ - C-4 <t :t:JE3--e R-K.::eJ 'N. A-P '" -3A C-3A Z R-3 ~ R-3 L~ . ~.., rR-3 F-r"R-3 leNI .~. ST. I f*PIJ 1:-" I ~ .._~ ~ ~ I ~ 7 SEeeONe. ;; u "O.f I '" U '" . LAkE ., ----.....- ......., C-3 . C- o o o R; N . .... I '" R-I R-I C-3A ~ SCHOOL c., C-M R- 3-20' ST. -, . ~11 l1! .TH .~ .11 - ---"'''''J.I"aeo: . 4T1 . e . e . ..... ...;~;-- _:--.....~s~ ~;c. ~..t<,..l ...~_ 0".';.1 ~",..;.". . I ~,.. . .....-.... . "',".-ll : '. .." !".:..; .~_.. .......__~-AJ.~___,,____-...... ""- -------- ~ '~,' , '''''t#.l. . 'I' ".: ~ C'" ; '," '. ' I, . ,,' : .;;'<..'. y'.i ., ". ~..^..; '!" ~..' _ . '~...J. :r,.'.,.. ; 'R ~":I< " , ' ':~ t~ ,_~ I.~ '*1/" J~ '''. "I "I': ": 't: ~\1 I ;1 ; """'~' '" r : \~ jf I . . '~,\' ~-', " II' --,~~---'---I ;",', '\ .' 'I;'", ,"_') 1'1." , .:, ~ .. :_...._a. nil ~. ~, t, . ";0;0;:. , " ,\ ,~, ~ ,~,,'I \ .. " I '~ i, 'ilt'- ~ ~:I II.--- ~!,t Y' ': "',':t.., ' r-- ..;' '\ ,I: . r_ ~,~ _-# -"..-- ;i:.J 'r' a ...eo...... '........-. ~_.:s t ,::, .,,; I . ,-~'- '~\;:. 'I, . ,;, "r 'Ii \ ~ r ~ ~ .. \ ., i ,;. , ';, i'r \ I ',.1 \ r~: I I . \ ': . :' j L~'-" >, : Ie J ~~ ;! '. r ~ , I --------------,--------_____J . .' <c.,- }' 1 r:\~ (d uf~ ~ ~ ~'} ~ r r)l ~ ' 1'-' I 1 ; ~ n ' . t" _ pi :1 ~ ;r t , , . \ S .' I I) .. ~ I .... ...! ~ ~ , , , 1-~~~ -:J ,\\ iri& q ~ ,~~ ~~ ,(, ,~\ .-- . Exhibit 3 CITY 9F S~ !JERl'!~RDlN~O) Development Services Department, Planning Division 300 North "D" Street, 3rd Floor San Bernardino, CA 92418 Phone (909) 384-5057 . Fax (909) 384-5080 Web address: II II II .sbeil Lor!! APPLICATION FOR APPEAL APPEAL FROM A DECISION OF THE (check one) o Development Services Director o ~evelopment/Environmental Review Committee g Planning Commission Case oumber(s):mt1!P VAl2-\Dt-lr~ Project address: 1285 E. 9th St. ox - ,-', \ . ATo8-0S Appellant's name: Gus Navarro (San Pedro Sign Company) Appellant's address: 701 LakIne Ave. \AJ l '-M I N ~ rz> N , C A 90/'-( '-I Appellant's phone: 310-549-4661 XI05 Appellant's e-mail address:gnavarro@lspesco.com Contact person's name: Gus Navarro Sr. Contact person's address: 701 LakInc Ave. Contact person's phone: 310-549-4661 XI05 Contact person's e-mail address:gnavarro@Spesco.com Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form within 15 days following the final date of action, accompanied by the appropriate appeal filing fee. Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and time of the appeal hearing. OFFICE USE ONLY Date appeal filed: 0 ~ I '> 0/2- Oc/ 0 Received by: ~ ~.....--I /:7-1'/ r ~ / - 11104 REQUIRED INFORMATION FOR AN APPEAL Specific action being appealed and the date of that action: To allow a new pole sign at 285 E. 9th St. The Pole sign is to Identity the existing tenant Warehouse Shoe Sale Store. We are appealing the City of San Bernardino Planning Commission meeting of June 17, 2008 Specific grounds for the appeal: The proposed pole sign meet the current City of San Bernardino sign codes for signage user for the installation of one pole sign that is a maximum of25'-0" overall height and arrowable 72 Sq feet per face. The frontage required they also meet. Action sought: To approved the proposed pole sign. Their is no information in the planning Department Finding that expressed or directs that the signage allowed for the partial or property is tied together or has ever had forfeiture of allowing a pole sign for this property. Additional information: see attachment "C" Date: c.o . ::=3() .O~ 2 11/0.1 ~~O c}l" ~ ;:sL;:;Gfj G:A~r llr,J(" ('if '){'J," 1':LCe \3~.:J~ '-" ..AI :.J ~uc~ (~(o'L~QUl'jL< II,",' ATTACHMENT "C" Warehouse Shoe Sale 285 E. 9th St. San Bernardino, CA 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification; 2. That granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Variance is sought; Upon researching with the San Bernardino County Assessors, The building and property that Warehouse Shoe Sale is located in its own separate lot and parcel that is a stand-alone property. The County Assessor records shows that the commercial property that is located at 285 E. 9th SI. (APN# 0140 241 07 0000) is not tied, part of or has any ties to the abutting shopping center or commercial property in either direction. The abutting commercial property at 263 E. 9th SI. (APN# 0140 241 490000 & APN# 0140 214 50 0000) which is currently occupied by "Fiesta Food Warehouse Center" and other commercial stores is not part of the parcel occupied by Warehouse Shoe Store. 3, That granting the Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located; This Warehouse Shoe Store occupies is a "single user business" property and building. The most important reason Warehouse Shoe Store in securing this installation of this proposed pole sign is that this building Warehouse Shoe Store occupies on the property is set back more than 40'-0" from the street and is not easy to view from a distance when approaching the intersection from all directions. For this Warehouse Shoe Store location the pole sign is utmost critical in identifying vehicular traffic in all directions. Also since the building is set back a substantial distance from both Waterman and 9'" street the installation of this pole sign is very critical of the success and longevity of this location for Warehouse Shoe Sale. As a foot note there has been other business in this same location that have not survived, the principal reason believed is because of business identification and to identify what product is being sold on this property, again this is a stand alone business/store and is not part of the retail shopping center adjacent this building/property 4. That granting the Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located; Upon researching the city of San Bernardino on premise municipal sign code and according to information provided by the city of San Bernardino planning department and as per table 022.01. Sign Regulations by land Use Category, it clearly states that a pole sign is allowed providing the property has a minimum of 100 ft. street frontage. The proposed Warehouse Shoe Sale Double Face Illuminated Pole Sign design proposed is in conformance with the city of San Bernardino signage regulations. The pole sign W S S is proposing measures 25' - 0" from grade to the top of the sign, with sign faces that measures 6' - 0" in height and 12'-0" in width for a total of 72 Sq. FI. per sign face which is in compliance of the city of San Bernardino municipal sign code. 5. That granting the Variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; 6. That granting the Variance will not be inconsistent with the General Plan. 701 Lakme Avenue / Wilmington, California 90744/310-549-4661/ FAX: 310-549-2482 . . ~ or ~ A ;; Z .J . -' '~l ,~ r',lll "" ~ -'I. ..;~ I .. , -:"" ..~ Ij) ~; " ., ,~'" . :~ ~\~ ;;"-' \l t1\i, '--- \,' ~ .. ~, , i\~ " , . " . ~ .. r--- ., ~~ ..,-~~~ ~.'~J: 'J',. I I I I ~ \ \ I QJ ::: c: QJ ;... -< c: ~ E l-o QJ ...... ~ ~ " \ \ " .,-~..~. -- #; ,>,," .~ . ,~ J ~A~. . .~;;r:.l..., -:;'~~j,"'v-~r 'f!' ~~..';'; ..." ~,,-'.,y . "t"; ~"'o'J.i'K \. :~:J'l.t~." ~:'''' v - ""-.~.. . _.. Ir~1~""T> - " ;&;.... . - ~~., '~l".~ ,. ;q.r,'" :,... ,--;- . ~~. :'--.., c:-v?; . ~~...--~ . c: OJ) .- rJJ ..c.:,. I J ~ I f 't..!.::.' .'''' " ,1 Ii,} / ~ I j , I /if ~. ~f~ I I I L-, ~ I = I Q .... ... I eo:: I ~ ~ I QJ - , ~ I .c I ... .. 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