HomeMy WebLinkAbout40- Planning & Building Services CITY OF SAN BERT_ ARDINO - REQUEST OR COUNCIL ACTION
From: Al Boughey, Director Subject: Appeal of Variance No. 93-09 --
Alpha Beta signage.
Dept: Planning & Building Services
Date: September 9, 1993
MCC meeting of September 20, 1993
Synopsis of Previous Council action:
No previous Council action.
07/07/93 The Planning Commission denied Variance No. 93-09.
Recommended motion:
That the hearing be closed and that the Mayor and Common Council uphold the appeal and
approve Variance No. 93-09 based on the Findings of Fact (Exhibit 3) and Conditions of
Approval (Exhibit 4) .
Al Boughey Signature
Contact person: Al Boughey Phone: 5357
Supporting data attached: Yes Ward: 6
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
REQUEST: APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE NO.
93-09
Mayor and Common Council Meeting September 20, 1993
REQUEST/LOCATION: The appellant, Heath & Company, requests
approval of Variance No. 93-09, to allow a wall sign 146.25 square
feet in area (71.25 square feet larger than the maximum allowable
area of 75 square feet) for a market located in a 9.78 acre multi-
tenant shopping center at the northeast corner of Base Line Street
and Medical Center Drive in the CG-2 , Commercial General land use
district.
BACKGROUND: On July 7, 1993 , the Planning Commission voted, 4 to
3 , to deny Variance No. 93-03. The denial was based on the
findings of a lack of special circumstances applicable to the
property, and the premise that the additional identification sought
by the market could be gained by placing a second center
identification monument sign, with the market's name, along Medical
Center Drive (See Planning Commission Staff Report, Exhibit 5) .
The Development Code makes no distinction between business
identification wall signage for large or small tenant spaces within
multi-tenant centers. This has resulted in staff processing
numerous variances for larger business identification wall signage
for anchor tenants (larger key tenants) in several multi-tenant
centers around the City. This variance application is but an
example of the type of variance requests that have been received.
This problem was brought to the attention of the Mayor and Common
Council on September 7, 1993. As a result the Mayor and Common
Council has directed staff to prepare an amendment establishing
criteria for business identification signage, distinguishing
between the larger key/anchor tenants of centers and the smaller
in-line tenants.
Staff has revaluated the the site and the Variance request and
provided positive Findings of Fact for approval.
OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and
Common Council May:
1. Deny the appeal based on the Findings of Fact
Contained in the July 7, 1993 Planning Commission
Staff Report (Exhibit 5) .
2. Uphold the appeal and approve Variance No. 93-09
based on the Findings of Fact contained in
Exhibit 3.
low 0
Appeal of Denial of Variance No. 93-09
Mayor and Common Council Meeting of September 20, 1993
Page 2
RECOMMENDATION: Staff recommends that the Mayor and Common
Council uphold the appeal and approve Variance No. 93-09 based on
the attached Findings of Facts (Exhibit 3) and Conditions of
Approval (Exhibit 4) .
EXHIBITS: 1. Location Map
2. Proposed Sign
3. Variance Findings of Fact for Approval
4. Conditions of Approval
5. July 7, 1993 Planning Commission Staff Report
CITY OF • 'D • PLANNING AGENDA
ITEM#
AND BUILDING SERVICES DEPARTMENT CASE VAR • • 1
LOCATION 09/20/93
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Exhibit 3
FINDINGS OF FACT
Variance No. 93-13
1. There are special circumstances applicable to the property,
including size, shape, topography, location or surroundings,
that the strict application of this Development Code
deprives the property of privileges enjoyed by other
property in the vicinity and under identical land use
classification, in that the substantial setback between the
building and the street would deprive the applicant of
privileges enjoyed by others whose buildings are set back
the minimum required distance from the street.
2. The granting of 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, in that the substantial setback between
the building and the street would deprive the applicant of
privileges enjoyed by others whose buildings are set back
the minimum required distance from the street.
3. The granting of 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, in
that the sign would be subject to all adopted and uniform
safety codes.
4. The granting of the Variance would 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, in that all other commercially
designated properties within a multi-tenant shopping center
are afforded the same considerations allowing them to apply
for a variance under Development Code Section 19.72.030, for
sign related concerns.
5. The granting of the variance does not allow a use or
activity which is not otherwise expressly authorized by
regulations governing the subject parcel in that the on-site
identity of commercial uses is permitted by the Development
Code.
6. That granting the Variance will be consistent with the
General Plan, in that it is the objective of the General
Plan (Objective 1.45) to ensure that private signage is well
integrated into architectural and site design and minimized
with land use districts to reduce visual clutter and blight.
Exhibit 4
CITY OF SAN BERNARDINO PLANNING CASE VAPL R3-og
AND BUILDING SERVICES DEPARTMENT
AGENDA ITEM
CONDITIONS HEARING DATE
PAGE
''onstruction shall be in substantial conformance
with the plan s ) apnr. oved br the Director .
Development Review Committee , Planning Commission
or Mayor and Common Council . Minor modification to
the plan s ) shall be subject to approval by the
Director through a minor modification permit
process . Any modification which exceeds 102 of the
following allowable measurable design/site
considerations shall require the refiling of the
original application and a subsequent hearing b�
the appropriate hearing review authority if
applicable .
1 . On-site circulation and
parking , loading and
landscaping :
2 . Placement and/or height of walls . fences and
structures :
3 . Reconfiguration of architectural features ,
including colors . and/or modification of
finished materials that do not alter or
compromise the previously approved theme : and .
4 . A reduction in density or intensity of a
development project .
Within one vear of development approval .
commencement of construction shall have occurred or
the permit/approval shall become null and void . In
addition , if after commencement of construction .
Work is discontinued for a period of one vear, then
the permit/approval shall become null and void .
Projects may be built in phases if preapproved by
the review authority. If a project is built in
preapproved phases , each subsequent phase shall
have one year from the previous phase 's date of
construction commencement to the next phase 's date
of construction commencement to have occurred or
the permit/approval shall become null and void .
Project :-- V4k40(_ . t4b ,— L3_p-- ---- . _
------------------
Expiration Date : �> 5�,lAr1 Q�_
----- � t 5`—f—`/----------
� M"WAMM
PLAN. M PAW t OF 1 0."
CITY OF SAN BERNARDINO PLANNING CASE Var, No, 93-09
AND BUILDING SERVICES DEPARTMENT
AGENDA ITEM
CONDITIONS HEARING DATE
PAGE
The review authority may , upon application being
filed 30 days prior to the Expiration date and for
good cause , grant one time extension not to exceed
12 months . The review authority shall ensure that
the project complies with all current Development
Code provisions .
In the event that this approval is legally
challenged , the Cite will promptly notify the
applicant of any claim or action and will cooperate
fully in the defense of the matter . Once notified ,
the applicant agrees to defend , indemnify . and hold
harmless the City , its officers , agents and
emplovees from any claim , action or proceeding
against the City of San Bernardino. The applicant
further agrees to reimburse the City of any costs
and attorneys ' fees which the City may be required
by a court to pay- as a result of such action , but
such participation shall not relieve applicant of
his or her obligation under this condition .
No vacant , relocated , altered , repaired or
hereafter erected structure shall be occupied or no
change of use of land or structures ) shall be
inaugurated , or no new business commenced as
authorized by this permit until a Certificate of
Occupancy has been issued by the Department . A
temporary Certificate of Occupancy may be issued by
the Department subject to the conditions imposed on
the use , provided that a deposit is filed with the
Department of Public Works prior to the issuance of
the Certificate of Occupancy . The deposit or
security shall guarantee the faithful performance
and completion of all terms , conditions and
performance standards imposed on the intended use
by this permit .
Prior to the issuance of a Certificate of
Occupancy , the landowner shall file a maintenance
agreement or covenant and easement to enter and
maintain , subject to the approval of the City
Attorney . The agreement or covenant and easement
to enter and maintain shall ensure that if the
landowner , or subsequent owner( s ) , fails to
maintain the required/installed site improvements .
the City will be able to file an appropriate
lien( s ) against the property in order to accomplish
the required maintenance .
PLA"M PAGE t OF i 1A.M
CITY OF SAN BERNARDINO PLANNING CASE Var. No. 93-09
AND BUILDING SERVICES DEPARTMENT
AGENDA ITEM
CONDITIONS HEARING DATE
PAGE
____ This permit or approval is subject to all the
applicable provisions of the Development Code in
effect at the time of approval . This includes
Chapter 19 . 20 - Property Development Standards , and
includes : dust and dirt control during construction
and grading activities ; emission control of fumes ,
vapors , gases and other forms of air pollution ;
glare control ; exterior lighting design and
control ; noise control ; odor control ; screening ;
signs , off-street parking and off-street loading ;
and , vibration control . Screening and sign
regulations compliance are important considerations
to the developer because they will delay the
issuance of a Certificate of Occupancy until they
are complied with. Any exterior structural
equipment , or utility transformers , boxes , ducts or
meter cabinets shall be architecturally screened by
wall or structural element , blending with the
building design and include landscaping when on the
ground . A sign program for all new commercial ,
office and industrial centers of three or more
tenant spaces shall be approved by the Department
prior to the issuance of a Certificate of
Occupancy .
This requirement also includes any applicable Land
Use District Development Standards for residential ,
commercial and industrial developments regarding
minimum lot area , minimum lot depth and width ,
minimum setbacks , maximum height , maximum lot
coverage , etc .
This development shall be required to maintain a
minimum of standard off-street narking
spaces as shown on the approved plan( s ) on file .
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PLA"M PAGE 1 OF t µ
Exhibit 5
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT AGENDA ITEM #1
SUMMARY HEARING DATE July 7 . 1993
WARD #6
APPLICANT: Heath and Company
W 3225 Lacy Street
N VARIANCE N0 . 93-09 OWNER: Los Angeles , CA 90031
Q
U New Frontier Properties
17501 E . 17th St . , #201
Tustin ,
The applicant requests a variance of Development Code Section
N 19 . 22 . 150 (c) (3) (a) to allow a wall sign 146 . 25 square feet in
W area for a major tenant located in an existing multi-tenant
Oretail center .
W
The center is located on the northeast corner of Base Line Street
Qand Medical Center Drive .
W
IIX
Q
EXISTING GENERAL PLAN
PROPERTY IAND USE ZONING DESIGNATION
Subject Multi-tenant Retail Ctr CG-2 Commerical General
North Residential RS Residential Subuxban
South Vacant/Mixed Commercial CG-2 Commercial General
East Vacant CG-2 Commercial General
West Commercial/School CG-2/PF Commercial General/
Public Facilities
GEOLOGIC/SEISMIC ❑ YES FLOOD HAZARD ❑ YES ❑ ZONE A SEWERS: YES
HAZARD ZONE: �} NO ZONE: NO ❑ ZONE 8 ❑ NO
HIGH FIRE ❑ YES AIRPORT NOISE/ ❑ YES REDEVELOPMENT KkYES
HAZARD ZONE: CRASH ZONE: PROJECT AREA:
NO :KX NO Northwest ❑ NO
J ❑ NOT ❑ POTENTIAL SIGNIFICANT Z ❑ APPROVAL
Q APPLICABLE EFFECTS WITH O
MITIGATING MEASURES ❑ CONDITIONS
NO E.I.R. Q
WC5 WC
7_ Z El EXEMPT ❑ E.I.R. REQUIRED BUT NO Lt. Z DENIAL
Z Q Section 15 3 1 1 SIGNIFICANT EFFECTS Q W xQ
Z (Class I I) WITH MITIGATING
W MEASURES N O ❑ CONTINUANCE TO
Z ❑ NO SIGNIFICANT ❑ SIGNIFICANT EFFECTS
W EFFECTS SEE ATTACHED E.R.C. W
MINUTES
ear DWO PL,AW9A2 PAGE 1 OF 1 (44P
Variance No. 93-09
Agenda Item #1
Hearing Date: 7-6-93
Page 1
REQUEST
The applicant is requesting a Variance of Development Code Section 19.22.150(C)(3)(a), under
the authority of Development Code Section 19.72.030(2), to allow a wall sign 146.25 square feet
in area for a 30,000 square foot market.
LOCATION
The market is located within a multi-tenant retail development on 9.78 acres at the northeast
corner of Base Line Street and Medical Center Drive in the CG-2, Commercial General land use
district (see Site Plan, Attachment D and Location Map, Attachment E).
DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
The proposed sign is not consistent with the Development Code and is not consistent with the
General Plan.
DEVELOPMENT CODE CONSISTENCY
The Development Code would allow a wall sign 75 square feet in area based upon the 200 lineal
feet of tenant space frontage on the main parking area. The applicant proposes a wall sign
146.25 square feet in area, 71.25 square feet larger than the maximum area allowed by Code.
CONSISTENCY WITH GENERAL PLAN POLICIES
The proposal is not consistent with General Plan Policy 1.45.4 which encourages minimizing
the size of signs in private developments.
An expanded analysis of General Plan and Development Code Consistency is presented in
Attachment A.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed wall sign has been determined to be categorically exempt from the provisions of
the California Environmental Quality Act, as stated in CEQA Guidelines under article 19,
Section 15311(a).
BACKGROUND
On March 19, 1991, Conditional Use Permit No. 91-05 was approved for construction of the
multi-tenant shopping center. Building permits were issued on October 25, 1991.
OWN
variance No. 93-09
Agenda Item # 1
Hearing Date: 7-6-93
Page 2
On June 23, 1992, Sign Program No. 92-02, which established standardized sign criteria within
the context of the Development Code, and Sign Permit No. 92-52, for the construction of a 36
square foot wall sign for the market, were approved. The building permit for the wall sign was
issued on June 23, 1992.
On September 14, 1992, Sign Permit No. 92-122, for construction of a center identification
monument sign at the western most entry to the shopping center from Base Line Street was
approved. The building permit was issued for the identification sign on September 29, 1992.
ANALYSIS
VARIANCE REQUEST
According to the applicant, the oversized sign is needed to better help the market to serve their
customers, and because the sign will increase safety to motorists by making it easier for them
to identify the market.
DEVELOPMENT CODE STANDARDS
Based upon the 200 feet of lineal parking lot frontage, Development Code Section
19.22.150(C)(3)(a) allows a wall sign with a maximum area of 75 square feet'. No maximum
or minimum letter height is specified for wall signs.
The market has an existing wall sign approved under Sign Permit No. 92-52. Consistency of
the existing wall sign with both the Development Code and approved sign program (Sign
Program No. 92-02)is summarized in Attachment "A". From the summary in Attachment "A",
it can be seen that it is the Developer's Sign Program and NOT the Development Code which
restricts the wall sign letter height. Sign Program No. 92-02 could be revised to remove the
restriction of letter height to 36 inches for the market. Both the Development Code and Sign
Program would permit a wall sign of 75 square feet in area, slightly over twice the area of 36
square feet of the existing wall sign.
Additional exposure could be gained for the market by installing a second shopping center
identification sign on Medical Center Drive. This is discussed in further detail in later sections
of this staff report.
1 The Development Code Permits 1.5 square feet of wall sign area per foot of lineal frontage up to a maximum
of 75 square feet. The 200 feet of lineal frontage for the market equates to 300 square feet which is greater than
the maximum allowable 75 square feet. Therefore the maximum allowable area of the wall sign is 75 square feet.
p
Variance No. 93-09
Agenda Item # 1
Hearing Date: 7-6-93
Page 3
PROPOSED SIGN
The applicant proposes to install a 146.25 square foot wall sign, 4 feet 6 inches in height and
32 feet 6 inches in width. The sign is to consist of individual channel letters with interior neon
illumination. The proposed location of the sign is centered on the stucco facia over the entrance
to the market.
EFFEC77VENESS OF PROPOSED SIGN
The applicant believes that the larger sign will allow the sign to be more easily seen by traffic
on Base Line Street and Medical Center Drive, improving safety to motorists who will be able
to identify the market making a safer ingress into the property.
Staff does not concur with the applicant's belief that the larger sign will improve traffic safety.
Development Code Section 19.22.150(C)(3)(e)allows the shopping center two monument signs,
one along Base Line Street and one along Medical Center Drive, to identify the center and or
pup to 3 major tenants. The market is one of the shopping center's major tenants and is entitled
to identification on the monument sign. Properly placed center identification monument signs,
and not the oversized wall sign, would be more clearly visible to traffic on Base Line and
Medical Center to improve safety.
CITY SIGN DESIGN OBJEC77VES
Staff's observations support the intent behind the Development Code's sign standards. The
Development Code Sign Guidelines, which are used to help communicate the City's design
objectives contain the following passage:
Place signs to indicate the location of access to a business - signs should be placed at or
near the entrance to a building or site to indicate the most direct access to the business
[§G 19.22.160(1)(G)].
To assist the public in identification of the anchor (major tenants) in a shopping center,
increasing their visibility, the Development Code permits a center to identify up to 3 anchor
tenants on it center identification monument signs. An anchor tenant is defined as follows:
A shopping center key tenant, usually the largest or one of the largest tenants located
within the shopping center, which serves to attract customers to the center through its
size, product line, name and reputation. The term anchor tenant is interchangeable with
the term major tenant [§19.22.030].
01
Variance No. 93-09
Agenda Item #I
Hearing Date: 7-6-93
Page 4
The market clearly is an anchor tenant and is entitled to identification on the monument signs
which can be located near the shopping center entrances on Base Line Street and Medical Center
Drive.
SHOPPING CENTER IDENTIFICATION SIGNS
The shopping center has one identification monument sign installed at the western most entry
on Base Line Street. The market is one of the three major tenants identified on the sign.
Although permissible by Code, no sign has been placed at the entrance shopping center on
Medical Center
REQUIREMENTS FOR GRANTING A VARIANCE
Section 65906 of the California Government Code identifies specific parameters under which a
variance can be granted. Development Code Section 19.72.050 incorporates these provisions
into the mandatory findings that the Planning Commission must make in order to grant a
variance. The mandatory variance findings are:
• That there are special circumstances applicable to the property that cause the strict
application of the Development Code to deprive the property of privileges enjoyed by
other properties in the vicinity and under the same land use district classification.
• That granting the Variance will not be detrimental to the public health, safety, or
welfare.
• That granting the Variance does not constitute a special privilege that is not consistent
with the limitations placed on other properties in the vicinity and land use district in
which the property is located.
• That granting the Variance may only apply to uses that are specifically permitted on the
subject property.
Finally, the granting of a variance cannot be in conflict with the goals, policies and objectives
of the General Plan.
APPLICANT'S FINDINGS
Pursuant to Development Code Section 19.72.070, the burden of proof to establish the evidence
in support of the mandatory findings rests with the applicant. To establish such evidence,
applications for variance must be accompanied by the applicant's own written findings to justify
the need for a variance. The applicant's findings are presented in full in Attachment C.
Variance No. 93-09
Agenda Item # 1
Hearing Date: 7-6-93
Page 5
STAFF'S FINDINGS
1. Special Circumstances
The applicant argues that the maximum square footage allowed by code would require the
market to use smaller letters, and that the proposed larger letters would be more readable from
a greater distance and would be more architecturally suited to the facia of the building.
Staff concurs with the applicant that larger letters would be more readable from a greater
distance. However, larger letters for any wall sign in the shopping center would be more
readable. The existing market sign is only 36 square feet, 39 square feet smaller than the
maximum allowable area of 75 square feet. If the applicant is seriously in need of additional
area, a new sign could be installed with an area equal to 75 square feet.
The finding for special circumstances requires that the applicant present evidence of a special
circumstance on the property, including size, shape, topography, etc., such that the strict
application of Development Code Standards preclude the owner from the rights and privileges
enjoyed by other properties in the vicinity. The property is flat and rectangular in shape with
not unique topography that would preclude wall sign visibility. The market faces the same
circumstances as other properties in the vicinity and is not deprived of any property right
enjoyed by other properties in the surrounding CG-2 land use district.
2. Necessity for the Preservation of a Property Right
The applicant believes that it is the business of the market to provide a service to the
surrounding residential development as well as customers from out of area. The applicant feels
that the market needs the sign to be visible, and the larger sign is necessary to accomplish this
task.
As noted previously, the applicant could gain additional visibility through the installation of a
second center identification monument sign at the entrance on Medical Center Drive. Additional
visibility of the wall sign could be accomplished by increasing its area from 36 square feet to
the maximum allowable area of 75 square feet. These actions would better serve the needs of
the applicant to be more visible to accomplish his task of customer service.
3. Health, Safety and General Welfare
The applicant believes that the granting the variance will not be detrimental to the health, safety
and general welfare of the public, but rather that it will promote improved safety to motorists
through increased visibility, aiding them in making safer traffic movements to enter the center.
Variance No. 93-09
Agenda Item # 1
Hearing Date: 7-6-93
Page 6
Greater exposure to the market can be obtained through the use of center identification
monument signs whose purpose is to notify the public of the major tenants located in the center.
With the location of such signs identifying the market on both Base Line and Medical Center,
motorists would not be forced to look into the center to attempt to read the wall sign. The
purpose of wall signs are not to provide street exposure, but rather to provide information to
shopping center patrons in the parking area of the location of a particular business within the
shopping center.
4. Special Privilege
The applicant believes that since the market is a major tenant with a large building, allowing
them a larger sign does not constitute a special privilege.
Staff does not concur. As a major tenant, the market is entitled to identification on the center
identification monument sign, whereas minor tenants are not. The market does have a larger
building, but is also entitled to greater wall sign area.
The Code contains provisions to account for building size. Specifically, wall sign area is
permitted based on 1.5 square feet of sign area per lineal foot of tenant frontage. Hence a store
with 30 lineal feet of tenant frontage would be entitled a 45 square foot tenant sign, whereas the
market with its 200 feet of lineal frontage is entitled to 75 square feet.
S. Permissiveness of Use
As noted in Attachment A, a wall sign is a use expressly authorized by the city. However, the
specifications to which the applicant wishes to construct the wall sign are not expressly
authorized, unless special circumstances warrant deviations from the standards contained in the
Development Code. Since no such circumstances on the property exist, staff does not concur
with the request.
6. General Plan Consistency
The applicant believes that the granting of the variance will not be inconsistent with the General
Plan.
However, as previously noted the proposal is not consistent with General Plan Policy 1.45.4
which encourages minimizing the size of signs in private developments.
CONCLUSION
There are no special circumstances uniquely applicable to the property to warrant the oversized
Variance No. 93-09
Agenda Item # 1
Hearing Date: 7-6-93
Page 7
Staff finds that there are other means that the applicant could
wall sign for ent Code and General Plan, that would gain the additional
employ, cons by with t the market.e Developm
visibility sought e market.
RECONjMF
NDATION deny Variance No. 93-09, based upon
It is recommended that the e Planning Commission the
attached Findings of Fact (Attachment B). I
Respectfully S mitted,
BO Y, AICP
of arming and Building Services
V
7
prepared
by.
4L
MICHAEL R. FINN
Associate Planner -
Attachments:
A - Development Code and General Plan Conformance
B - Findings of Fact
C - Applicant's Findings
D - Site Plan, and Proposed Sign Elevations
E - Location Map
4
ATTACHMENT "A"
DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
Development General
Category Propl Code Plan
Use Wall Sign Permitted N/A
Number of One One2 N/A
Signs
Area 146.25 sq. ft. 75 sq. ft.' N/A
EXISTING WALL SIGN CONSISTENCY
Existing Sign4 Development
Categ4 y Sign Progmmm Code
Letter Ht. 36 inches 36 inches None Specified
Sign Width 12 feet 75% of lease- None Specified
hold width
Sign Area 36 sq. ft. 75 sq. ft.5 75 sq. ft.5
2 One per street or parking lot frontage (maximum two).
3 Maximum allowable area per Development Code Section 19.22.150. Maximum area is calculated as follows:
1.5 square feet of sign area is allowed for each lineal foot of tenant space fronting on a street or parking lot frontage
up to a maximum of 75 square feet. Alpha-Beta has 200 lineal feet of tenant space frontage on the parking lot,
hence the maximum allowable are is 75 square feet.
4Sign Program 92-02 was approved June 23, 1992. The Sign Program governs the standardized sign design
criteria for West Side Plaza within the context of the Development Code.
5 75 square feet maximum based on 1.5 square foot of sign area per each square foot of tenant space frontage
along a street or parking lot (maximum 2).
0- 4
ATTACHMENT "B"
VARIANCE FINDINGS OF FACT
1. That there are no 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, in that the property is rectangular and flat, with
no locational, topographical, or shape constraints that preclude a privilege enjoyed by
other property in the surrounding CG-2 land use district..
2. _ That 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, in that there is
nothing that precludes the applicant from installing a second center identification
monument sign on Medical Center Drive, or from increasing the existing wall sign area
for 36 square feet to the maximum allowable area of 75 square_feet.
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, in that the sign would be subject to all adopted
and applicable uniform safety codes.
4. That granting the Variance would constitute a special privilege inconsistent with the
limitations upon other properties in the vicinity and land use district in which such
property is located, in that the Development Code contains provisions to allow for larger
wall signs for larger buildings (to a maximum of 75 square feet). Provision also exist
for the identification of up to 3 major tenants on the center identification monument
signs.
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 in that the on-site
identity of commercial uses is permitted by the Development Code.
6. That granting the Variance will be inconsistent with the General Plan, in that Policy
1.45.4 requires the size of signs in private development to be minimized.
ATTACHMENT "C"
ITEMS I L ORDER FOR ESTABLISH INCLUDE AWRITTEN RESPONSE TO EACH OFTHE FOLLOWING FOR THE VARIANCE. PLEASE ANSWER ALL(ITEMS
ITEMS IN ORDER
DIRECTLY ON THIS SHEET.
A. There are special circumstances applicable to the property, including size, shape, topography, location or
surroundings,the strict application of this Code deprives such.property of privileges enjoyed by other property in
the vicinity and under identical land use district classification;
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B. That granting the Variance is necessary for the preservation and enjoyment of a substantial property
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possessed by other property in the same vicinity and land use district and denied to the property 110 which
Variance is sought;
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C. 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 iocated;
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D. That granting the Variance does not constitute a special privilege inconsistent with the limitations upon other
properties in the vicinity and [and use district in which such property is located;
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E. That granting the Variance does not allow a use or activity which is not otherwise expressly authorized by the
regulations governing the subject parcel;
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F. That granting the Variance Vdi not be inconsistent with the Genera[Plan.
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ATTACHMENT "E"
AGENDA
CITY OF SAN BERNARDINO PLANNING ITEM#
AND BUILDING SERVICES DEPARTMENT CASE VAR No . 93-09 1
LOCATION HEARING DATE 07 /0 7/9
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CITY OF SAN BERNARDINO
MISCELLANEOUS CASH RECEIPT N_ 662138
r � ;7 ACCOUNT NO. AMOUNT
Date �}j- 19 C� �( � ��2
Received From
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The Sum of Dollars Cents
For �c�Y yF yItp, 93-0
Department " `�L�
A ' TOTAL
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July 12, 1993
Mayor and City Council
Attention: City Clerk
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
RE: Variance#93-90
Dear City Clerk:
On behalf of Alpha Beta we wish to appeal the decision of the Planning Commission denying our
request to allow a wall sign 146.25 square feet for a major tenant in an existing multi-tenant retail
center
Yours very truly,
Howard Friedman
BF/as
3225 LACY STREET LOS ANGELES , CALIFORNIA 90031 -,1887 (213) 223-4141
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