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ORDINANCE (ID # 3809) DOC ID: 3809 D
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement
From: Mark Persico M/CC Meeting Date: 07/05/2016
Prepared by: Brenda Leggitt, (909) 384-
5057
Dept: Community Development Ward(s): All
Subject:
Ordinance of the Mayor and Common Council of the City of San Bernardino Approving
Development Code Amendment 16-02 Amending Chapter 19.22 (Sign Regulations)
Section 19.22.080 (Off-Site Signs) of the Development Code (Title 19) of the City of San
Bernardino Municipal Code. (FIRST READING); And Resolution of the Mayor and
Common Council of the City of San Bernardino Adopting a Categorical Exemption and
Approving Conditional Use Permit 16-03 and a License Agreement to Allow the
Development, Establishment and Operation of a Freestanding Freeway-Oriented
Electronic Message Center Sign Located at 1630 S. "E" Street (APN: 0141-253-02)
Within the Commercial General (CG-1) Zone. (#3809)
Current Business Registration Certificate:
Financial Impact:
Negligible
Mayor to open the hearing. . .
Motion: 1) Close the hearing;
2) Lay over Ordinance (see Attachment 1) for final adoption; and
3) Adopt the Resolution (see Attachment 2) adopting the Categorical
Exemption; and, approving Conditional Use Permit 16-03 and License
Agreement (see Attachment 3), based upon the recommended
Findings of Fact and Conditions of Approval.
Synopsis of Previous Council Action:
None
Background:
On April 20, 2016, the Planning Commission adopted Resolution No. 2016-015 (please
see Attachment 4) forwarding a recommendation that the Mayor and Common Council:
1) Adopt the Categorical Exemption; and
2) Approve Development Code Amendment 16-02 and Conditional Use Permit 16-
03, based upon the recommended Findings of Fact and Conditions of Approval.
NOW
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Updated: 6/27/2016 by Georgeann "Gigi" Hanna D
3809
Project Description:
Pursuant to the requirements of Chapter 19.42 (Development Code Amendments),
§19.36.020 (Conditional Use Permit Applications) and §19.22.080 (Off-Site Signs) of the
City of San Bernardino Development Code, the applicant is requesting the approval of
Development Code Amendment 16-02 and Conditional Use Permit 16-03 to:
1) Amend the Development Code pertaining to off-site signs; and
2) Allow the development, establishment and operation of a freestanding freeway-
oriented electronic message center sign that is approximately fifty (50) feet in
height with two (2) displays (double-sided) containing approximately 672 (14' x
48') square feet each.
Additionally, pursuant to §19.22.080(2)(G) of the City of San Bernardino Development
Code, the applicant is requesting the approval of a License Agreement with includes
provisions for signage content and "air time" for public service announcements.
Analysis:
The City of San Bernardino Development Code currently has the following standards to
regulate off-site signs:
1. Pursuant to §19.22.080(2)(E) of the City of San Bernardino Development Code,
new billboards shall not be located within 1,000 feet of the gore points of freeway
to freeway interchanges or freeway interchanges and on- and off-ramps, or within
the interchanges themselves. This description is commonly referred to as "gore
point."
II
Staff is not aware of the origin of this development standard other than to believe
that this may have been a previous requirement of Caltrans. As a follow-up to
this matter, staff has received a letter from Caltrans, dated March 7, 2016, stating
that the term "gore point" is no longer utilized, and the proposed electronic
message center sign is not subject to the 1,000 distance requirement as provided
in §19.22.080(2)(E). Therefore, staff supports the proposed location, and
believes that Caltrans will adequately regulate the proposed electronic message
center sign in a manner to ensure the safety of motorists on the adjacent
freeways.
2. Pursuant to §19.22.080(7)(E) of the City of San Bernardino Development Code,
off-site electronic message center signs may be placed no closer than 1,000 feet
from another electronic message center sign.
Although there is an existing electronic message center sign on the west side of
Interstate (215) Freeway approximately 970 feet from the proposed location of
the subject electronic message center sign, staff has interpreted this distance
requirement as meaning on the same side of the freeway.
3. Pursuant to §19.22.080(2)(H) of the City of San Bernardino Development Code,
Updated: 6/27/2016 by Georgeann "Gigi"Hanna D , V N2
3809
the Mayor and Common Council may require the removal of more than one (1)
off-site billboard in exchange for the right to locate one (1) new replacement sign
at a new site.
In an effort to reduce the number of billboards within the City, as part of the
request for Conditional Use Permit 16-03, the applicant is proposing to
permanently remove the existing billboards at the following locations:
❑ 1775 Devore Road (APN: 0349-169-03), within the City's sphere of
influence (this billboard was located on the west side of the Interstate
(215) Freeway, south of the Interstate (15) Freeway/Interstate (215)
Freeway interchange, and has already been removed.
❑ 2601 E. Highland Avenue (APN: 1191-111-01)
❑ 901 W. 9th Street (APN: 0140-151-26)
❑ 2147 W. Highland Avenue (APN: 0269-041-35)
❑ 1499 W. 5th Street (APN: 0138-173-08)
❑ 1010 W. Baseline Avenue (APN: 0144-232-06)
License Agreement - Pursuant to §19.22.080(2)(6) of the City of San Bernardino
Development Code, off-site electronic message center signs are subject to a license
agreement with the City of San Bernardino. The license agreement shall include, but is
not limited to, signage content and "air time" for public service announcements, and
may include a revenue-sharing provision. Under the terms of the proposed License
Agreement:
❑ The City shall be permitted the right to place public service messages on
the electronic message center sign, limited to one (1) showing every
minute (not to exceed 43,200 showings in a given year).
❑ For each year that the City does not exercise its right to post public
service messages on the electronic message center sign, the City shall be
entitled to an Annual Monetary Value equal to the greater of five (5)
thousand dollars per year or five (5%) percent of the gross annual income
realized from the operation of the electronic message center sign.
❑ The Applicant agrees not to display messages with content advertising
adult entertainment, tobacco products, marijuana or alcoholic beverages.
Public Comments - There were no public comments submitted during the CEQA-
mandated ten (10) day public review period, nor were there any public comments
presented during the public hearing by the Planning Commission.
California Environmental Quality Act:
In accordance with §15060 (Preliminary Review) of the California Environmental Quality
Act (CEQA), the Planning Division conducted an environmental evaluation in connection
with proposed Development Code Amendment 16-02 and Conditional Use Permit 16-03
and concluded that Development Code Amendment 16-02 and Conditional Use Permit
16-03 is found to be exempt under§15061(b)(2) (Review for Exemption) of CEQA.
Updated: 6/27/2016 by Georgeann "Gigi" Hanna Dattketi Pg� ?0
3809
Pursuant to §15332 (In-Fill Development Projects) of CEQA, a Class 32 Categorical
Exemption consists of projects characterized as in-fill development projects meeting the
conditions contained within §15332 of CEQA. The Planning Division staff has analyzed
proposed Development Code Amendment 16-02 and Conditional Use Permit 16-03 and
has determined that it is Categorically Exempt from CEQA pursuant to §15332 of the
CEQA Guidelines due to the fact that: 1) the project is consistent the applicable General
Plan designation and all applicable General Plan policies as well as with applicable
zoning district and regulations; 2) the proposed development is located on a site within
the City limits on less than five (5) acres; 3) Conditions of Approval will be imposed to
alleviate potential impacts; and, 4) there are no additional potential significant
environmental impacts that may result from the proposed development, establishment
and operation of the proposed freestanding freeway-oriented electronic message center
sign. Accordingly, pursuant to §15062 of CEQA, a Notice of Intent to Adopt a
Categorical Exemption for Development Code Amendment 16-02 and Conditional Use
Permit 16-03 was published on April 8, 2016 for the CEQA-mandated ten (10) day
public review and comment period.
On March 10, 2016, the Development and Environmental Review Committee reviewed
the application and Environmental Determination of the Planning Division, and moved
the Categorically Exempt for Development Code Amendment 16-02 and Conditional
Use Permit 16-03 to the Planning Commission for consideration.
Conclusion:
On April 20, 2016, the Planning Commission determined that the proposed project is
consistent with the City of San Bernardino General Plan and Development Code, and
that the application satisfies all Findings of Fact required for approval of Development
Code Amendment 16-02 and Conditional Use Permit 16-03.
City Attorney Review:
This staff report and supporting documentation has been reviewed by the Deputy City
Attorney, and accepted as to form.
Supporting Documents:
Attachment 1: Ordinance
Attachment 2: Resolution
Attachment 3: License Agreement
Attachment 4: Planning Commission Resolution No. 2016-015
Attachment 5: Planning Commission Staff Report, dated April 20, 2016
Attachment 6: Planning Commission Minutes, dated April 20, 2016
Attachment 7: Legal Ad
City Attorney Review:
Supporting Documents:
ATTACHMENT 1 - Ordinance - DCA 16-02 (DOC)
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Updated: 6/27/2016 by Georgeann "Gigi" Hanna D �� , �
3809
AVWhL ko ATTACHMENT 2 - Resolution - CUP 16-03 (DOC)
ATTACHMENT 2 - Resolution - Exhibit A (DOCX)
ATTACHMENT 2 - Conditions of Approval - Exhibit A (PDF)
Attachment 3- agrmt. 3809(PDF)
ATTACHMENT 4 - PC Resolution 2016-015 (PDF)
ATTACHMENT 5 - PC Staff Report (PDF)
ATTACHMENT 6 - PC Minutes (PDF)
ATTACHMENT 7 - Legal Ad (PDF)
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Updated: 6/27/2016 by Georgeann 'Gigi' Hanna D
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1 ORDINANCE NO. o
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2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN m
BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-02 c
3 AMENDING CHAPTER 19.22 (SIGN REGULATIONS) SECTION 19.22.080 (OFF-
SITE SIGNS) OF THE DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN
4 BERNARDINO MUNICIPAL CODE. v
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6 WHEREAS, the current City of San Bernardino Development Code was initially
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implemented in 1991; and
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WHEREAS, on April 20, 2016, the Planning Commission of the City of San m
8 Bernardino held a noticed public hearing to consider public testimony and the staff report, and E
9 adopted Resolution No. 2016-015 recommending adoption of the Categorical Exemption and a
10 the approval of Development Code Amendment 16-02 and Conditional Use Permit 16-03 to 0
11 the Mayor and Common Council; and
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12 WHEREAS, notice of the public hearing for the Mayor and Common Council's
13 consideration of the proposed Ordinance was published in The Sun newspaper on June 25, o
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14 2016. m
NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE °
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CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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17 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
18 are true and hereby adopt and incorporate them herein.
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SECTION 2. Findings of Fact—Development Code Amendment 16-02.
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Finding No. 1: The proposed amendment is consistent with the General Plan.
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Finding of Fact: The proposed amendment will result in removing the existing
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24 regulations for off-site freeway signs that are no longer imposed by the z
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25 California State Transportation Agency (Caltrans), and the proposed 2
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26 amendment will provide for the accommodation of the development,
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27 establishment and operation of a freestanding freeway-oriented
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1 electronic message center sign consistent with the City's Development -a
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3 Finding No. 2: The proposed amendment would not be detrimental to the public can
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4 interest, health, safety, convenience, or welfare of the City. v
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Finding of Fact: The proposed amendment will not be detrimental to the public interest,
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7 health, safety, convenience, or welfare of the City in that the m
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8 amendment to remove the existing regulations for off-site freeway signs a
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9 that are no longer imposed by the California State Transportation a�
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10 Agency (Caltrans) will facilitate the development, establishment and o
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operation of a freestanding freeway—oriented electronic message center
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sign consistent with the City's Development Code. The project site has
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14 direct access from `B" Street, will be fully served by utility providers, 'm
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15 will be construction in accordance with all applicable codes and
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16 regulations, and will not result in the need for the excessive provision C
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of services. Co
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SECTION 3. Compliance with the California Environmental Quality o
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The Mayor and Common Council has independently reviewed, analyzed and exercised a
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21 judgment in finding that Development Code Amendment 16-02 and Conditional Use Permit
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22 16-03 is exempt under §15061(b)(2) (Review for Exemption) of the California Environmental :a
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Quality Act (CEQA), pursuant to §15332 (In-Fill Development Projects) of CEQA.
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SECTION 4. — Section 19.22.080(1)(C)(1) (Off-Site Signs —Replacement of Off-Site w
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25 Billboard Signs on the Same Site) shall be amended, as follows: a
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(1) No billboard shall be upgraded to an electronic variable message display unless a
27 the sign is located at least 1,000 feet from the nearest existing or approved electronic message a
28 center or electronic display sign on the same side of the freeway. c
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1 SECTION 5. — Section 19.22.080(2)(E) (Off-Site Signs — Replacement of Off-Site :o
2 Billboard Signs on New Site) shall be amended by the following deletion: m
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4 to freeway interehanges—of freeway interehanges and and off«.,,,, s, E)r- within—thc�
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7 SECTION 6. — Section 19.22.080(7)(E) (Off-Site Signs — Off-Site Electronic
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8 Message Center Signs) shall be amended, as follows:
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E. Off-site electronic message center signs may be placed no closer than 1,000 a
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feet from another electronic message center sign (on-site or off-site) on the same side of the
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freeway. m
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13 SECTION 7. - Notice of Exemption: The Planning Division of the Community oQ
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Development Department is hereby directed to file a Notice of Exemption with the County o
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16 Clerk of the County of San Bernardino certifying the City's compliance with California
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17 Environmental Quality Act in adopting the Categorical Exemption.
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18 SECTION 8. Severability: If any section, subsection, subdivision, sentence, or
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19 clause or phrase in this Resolution or any part thereof is for any reason held to be
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unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision °
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shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
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23 part thereof. The Mayor and Common Council hereby declares that it would have adopted 0
24 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, Z
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25 clauses, or phrases be declared unconstitutional, invalid, or ineffective. v
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I ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN v
BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-02 =
2 AMENDING CHAPTER 19.22 (SIGN REGULATIONS) SECTION 19.22.080 (OFF- m
SITE SIGNS) OF THE DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN a
3 BERNARDINO MUNICIPAL CODE. N
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor v
5 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
6 day of , 2016, by the following vote to wit: W
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8 Council Members: AYES NAYS ABSTAIN ABSENT u=,
MARQUEZ
9 BARRIOS L
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10 VALDIVIA o
11 SHORETT o
12 NICKEL
RICHARD
13 MULVIHILL �°
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16 Georgeann Hanna, City Clerk a
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18 The foregoing Ordinance is hereby adopted this day of , 2016.
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21 R. CAREY DAVIS, Mayor °;
22 Approved as to form: City of San Bernardino
Gary D. Saenz,City Attorney o
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AF A
1 RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF m
SAN BERNARDINO ADOPTING A CATEGORICAL EXEMPTION AND
3 APPROVING CONDITIONAL USE PERMIT 16-03 AND A LICENSE AGREEMENT w
TO ALLOW THE DEVELOPMENT, ESTABLISHMENT AND OPERATION OF A °
4 FREESTANDING FREEWAY-ORIENTED ELECTRONIC MESSAGE CENTER v
5 SIGN LOCATED AT 1630 S. "E" STREET (APN: 0141-253-02) WITHIN THE
COMMERCIAL GENERAL (CG-1) ZONE
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7 WHEREAS, on February 4, 2016, pursuant to the requirements of Chapter 19.42, m
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8 §19.36.020 and §19.22.080(7) of the City of San Bernardino Development Code, an E
9 application for Development Code Amendment 16-02 and Conditional Use Permit 16-03 was
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duly submitted by: P
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Property Owner: E Street Holdings, LLC a
13 11873 Sandra Court o
Loma Linda, CA 92354
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Project Applicant: Lamar Central Outdoor, LLC °
15 24541 Redlands Boulevard o
16 Loma Linda, CA 92354 a
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17 Parcel Address: 1630 S. `B" Street
APN: 0141-253-02 °;
18 Lot Area: 3.3 acres ,
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19 WHEREAS, Development Code Amendment 16-02 is a request to amend §19.22.080 a.
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relating to off-site signs; and
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22 WHEREAS, Conditional Use Permit 16-03 is a request to allow the development, o
23 establishment and operation of a freestanding freeway-oriented electronic message center sign
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24 that is approximately fifty (50) feet in height with two (2) displays (double-sided) containing w
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approximately 672 (14' x 48') square feet each, on a parcel containing approximately 3.3 Q
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acres; and a
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1 WHEREAS, as part of the application for Conditional Use Permit 16-03, the applicant
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2 has permanently removed the existing billboard located at 1775 Devore Road (APN: 0349- m
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3 169-03), within the City's sphere of influence; and
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4 WHEREAS, as part of the application for Conditional Use Permit 16-03, the applicant v
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is also proposing to permanently remove the existing billboards at the following locations: 1)
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7 2601 E. Highland Avenue (APN: 1191-111-01); 2) 901 W. 9th Street (APN: 0140-151-26); 3)
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8 2147 W. Highland Avenue (APN: 0269-041-35); 4) 1499 W. 5th Street (APN: 0138-173-08); a
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9 and, 5) 1010 W. Baseline Avenue(APN: 0144-232-06); and rn
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10 WHEREAS, as part of the application for Conditional Use Permit 16-03, the applicant 0
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has submitted a "License Agreement Between the City of San Bernardino and Lamar Central a—°,
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Outdoor, LLC for Off-Site Electronic Message Center Freeway Sign," as required pursuant to
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14 §19.22.080(2)(G) of the City of San Bernardino Development Code; and m
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15 WHEREAS, the Planning Division of the Community Development Department has >
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16 reviewed Development Code Amendment 16-02 and Conditional Use Permit 16-03 for a
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17 consistency with the City of San Bernardino General Plan and compliance with the City of co
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San Bernardino Development Code; and o
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WHEREAS, pursuant to requirements of §15060(c) of the California Environmental
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21 Quality Act, the Planning Division of the Community Development Department evaluated o
22 Development Code Amendment 16-02 and Conditional Use Permit 16-03; and 0
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WHEREAS, on March 10, 2016, pursuant to the requirements of §19.36.030 of the N
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City of San Bernardino Development Code, the Development and Environmental Review W
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26 Committee reviewed the application and moved the Categorical Exemption and Conditional
27 Use Permit 16-03 to the Planning Commission for consideration; and
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1 WHEREAS, on April 20, 2016, pursuant to the requirements of §19.52.040 of the o
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2 City of San Bernardino Development Code, the Planning Commission held the duly noticed m
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3 public hearing at which interested persons had an opportunity to testify in support of, or m
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4 opposition to the Categorical Exemption, Development Code Amendment 16-02 and v
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Conditional Use Permit 16-03, and at which meeting the Planning Commission adopted =
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7 Resolution No. 2016-015 recommending to the Mayor and Common Council the adoption of
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8 the Categorical Exemption and the approval of Development Code Amendment 16-02 and a
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9 Conditional Use Permit 16-03; and
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10 WHEREAS, pursuant to the requirements of Chapters 19.36 and 19.42 of the City of 2
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San Bernardino Development Code, the Mayor and Common Council has the authority to take
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action on the Categorical Exemption, Development Code Amendment 16-02 and Conditional o
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14 Use Permit 16-03; and m
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15 WHEREAS, notice of the July 5, 2016 public hearing for the Mayor and Common
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16 Council's consideration of the proposed Resolution was published in The Sun newspaper on
17 June 25, 2016, and was mailed to property owners within a 500 foot radius of the project site
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in accordance with Development Code Chapter 19.52. o
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON D
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21 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: o
22 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
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are true and hereby adopt and incorporate them herein. N
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25 SECTION 2. Findings of Fact—Development Code Amendment 16-02. z
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Finding No. 1: The proposed amendment is consistent with the General Plan. Q
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1 Finding of Fact: The proposed amendment will result in removing the existing E
2 regulations for off-site freeway signs that are no longer imposed by the m
3 California State Transportation Agency (Caltrans), and the proposed
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4 amendment will provide for the accommodation of the development, v
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establishment and operation of a freestanding freeway-oriented =
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electronic message center sign consistent with the City's Development m
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8 Code.
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9 Finding No. 2: The proposed amendment would not be detrimental to the public
10 interest, health, safety, convenience, or welfare of the City. 0
11 Finding of Fact: The proposed amendment will not be detrimental to the public interest, a—°,
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13 health, safety, convenience, or welfare of the City in that amendment to
14 remove the existing regulations for off-site freeway signs that are no 'm
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15 longer imposed by the California State Transportation Agency
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16 (Caltrans) will facilitate the development, establishment and operation Q
17 of a freestanding freeway-oriented electronic message center sign o
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consistent with the City's Development Code. The project site has o
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20 direct access from `B" Street, will be fully served by utility providers,
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21 will be construction in accordance with all applicable codes and o
22 regulations, and will not result in the need for the excessive provision 0
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23 of services. N
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SECTION 3. Findingas of Fact—Conditional Use Permit 16-03. W
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26 Finding No. 1: The proposed use is conditionally permitted within, and would not
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27 impair the integrity and character of the subject land use district and
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1 complies with all of the applicable provisions of the Development 2
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2 Code. m
3 Finding of Fact: The proposed freestanding freeway-oriented electronic message center N
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4 sign is a conditionally permitted use, pursuant to Development Code v
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§19.22.080(7). The project site is located within the Commercial
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7 General (CG-1) zone and is substantially surrounded by existing CO
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8 commercial uses and adjacent to the Interstate (215) Freeway. The Q)
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9 proposal complies with all applicable Development Code standards for
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10 electronic message center signs. Therefore, the proposed project would o
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not impair the integrity and character of the subject land use district or
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be detrimental to surrounding properties.
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14 Finding No. 2: The proposed use is consistent with the General Plan. CO
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15 Finding of Fact: The proposal freestanding freeway-oriented electronic message center >
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16 sign is consistent with several General Plan goals and policies, as Q
17 follows: Goal 4.1 — "Encourage economic activity that capitalizes on o
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the transportation and locational strengths of San Bernardino," Goal 4.3 0
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20 — "Continue and expand the City's marketing and promotional
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21 campaigns," and Community Design Policy 5.2.6 — "Ensure o
22 implementation of sign regulations which address issues of scale, type, 0
23 design, materials, placement, compatibility and maintenance." N
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Therefore the proposed project would be compatible with surrounding W
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26 land uses and consistent with the General Plan.
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1 Finding No. 3 Approval of the Conditional Use Permit for the proposed use is in a
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2 compliance with the requirements of the California Environmental m
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3 Quality Act(CEQA) and §19.20.030(6) of the Development Code. N
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4 Finding of Fact: The project is exempt from environmental review under CEQA §15332 v
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(In-Fill Development Projects), and complies with the requirements of
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7 Development Code §19.22.080(7). The project location is an infill site m
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8 located within an urbanized area and is substantially surrounded by E
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9 existing commercial uses and adjacent to the Interstate (215) Freeway. 2
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10 Approval of the proposed freestanding freeway-oriented electronic 2
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message center sign would not result in any impacts on the
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environment. c
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14 Finding No. 4 There will be no potentially significant negative impacts upon CO
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1 15 environmental quality and natural resources that could not be properly >
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16 mitigated and monitored. CL
17 Finding of Fact: The project site is an in-fill lot adjacent to the Interstate (215) Freeway o
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and the surrounding area is urbanized. Therefore, no significant o
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negative impacts on the environment are anticipated to result from the
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21 proposed freestanding freeway-oriented electronic message center sign. o
22 Finding No. 5: The location, size, design, and operating characteristics of the proposed 0
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use are compatible with the existing and future land uses within the
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general area in which the proposed use is to be located and will not W
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26 create significant noise, traffic or other conditions or situations that may
27 be objectionable or detrimental to other permitted uses in the vicinity or Q
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1 adverse to the public interest, health, safety, convenience, or welfare of
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2 the City. m
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3 Finding of Fact: The proposed freestanding freeway-oriented electronic message center
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4 sign is in compliance with the Development Code requirements, and is v
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designed to showcase and promote local businesses. The project site is =
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7 located at an optimum location to display an electronic message center m
8 sign that will attract Interstate (215) Freeway travelers to the a
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9 surrounding area. The proposed freestanding freeway-oriented 8,
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10 electronic message center sign will not generate additional noise, o
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traffic, or other conditions that would be detrimental or objectionable to
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other uses in the vicinity or adverse to the public health, safety, o
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14 convenience, or welfare of the City. m
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15 Finding No. 6: The subject site is physically suitable for the type and density/intensity
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16 of use being proposed. a
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Finding of Fact: The site is physically suitable for the proposed freestanding freeway- CO
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oriented electronic message center sign as evidenced by project o
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compliance with all applicable Development Code Standards. M
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21 Finding No. 7 There are adequate provisions for public access, water, sanitation, and o
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22 public utilities and services to ensure that the proposed use would not
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be detrimental to public health and safety. N
24 w Finding of Fact: The site has direct access off of"E" Street.All agencies responsible for LU
25 x
26 reviewing access and providing water, sanitation and other public
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27 services to the site have had the opportunity to review the proposal, and
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28 none indicated inability to serve the project site. Establishment of the .c
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1 proposed project, subject to Conditions of Approval, will not be 20
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2 detrimental to public services or public health and safety. m
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3 SECTION 4. Compliance with the California Environmental Quality Act. N
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4 The Mayor and Common Council has independently reviewed, analyzed and exercised v
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judgment in finding that Development Code Amendment 16-02 and Conditional Use Permit =
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7 16-03 is exempt under §15061(b)(2) (Review for Exemption) of the California Environmental m
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8 Quality Act(CEQA), pursuant to §15332 (In-Fill Development Projects) of CEQA. a
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9 SECTION 5. — Development Code Amendment 16-02, as approved by Ordinance, is 2
10 incorporated herein by reference. o
11
SECTION 6. — Conditional Use Permit 16-03, subject to the Conditions of Approval
12
attached hereto as Exhibit A and incorporated herein by reference, is hereby approved.
13 0 o
14 SECTION 7. — License Agreement between the City of San Bernardino and Lamar
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15 Central Outdoor, LLC for Off-Site Electronic Message Center Freeway Sign, attached hereto >
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16 as Exhibit B and incorporated herein by reference, is hereby approved. Q
1 SECTION 8. - Notice of Exemption: The Planning Division of the Community 0°0
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Development Department is hereby directed to file a Notice of Exemption with the County o
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20 Clerk of the County of San Bernardino certifying the City's compliance with California
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21 Environmental Quality Act in adopting the Categorical Exemption. o
22 SECTION 9. Severability: If any section, subsection, subdivision, sentence, or
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23
clause or phrase in this Resolution or any part thereof is for any reason held to be
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unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision W
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26 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
27 part thereof. The Mayor and Common Council hereby declares that it would have adopted
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1 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, 2
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2 clauses, or phrases be declared unconstitutional, invalid, or ineffective. m
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO ADOPTING A CATEGORICAL EXEMPTION AND c
2 APPROVING CONDITIONAL USE PERMIT 16-03 AND A LICENSE AGREEMENT m
TO ALLOW THE DEVELOPMENT, ESTABLISHMENT AND OPERATION OF A a
3 FREESTANDING FREEWAY-ORIENTED ELECTRONIC MESSAGE CENTER
4 SIGN LOCATED AT 1630 S. "E" STREET (APN: 0141-253-02) WITHIN THE 0
COMMERCIAL GENERAL (CG-1) ZONE v
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor C
and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
7 day of , 2016, by the following vote to wit: m
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9 Council Members: AYES NAYS ABSTAIN ABSENT
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10 0
MARQUEZ
11 0
12 BARRIOS
13 VALDIVIA 0 c0
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15 NICKEL o
16 Q
RICHARD ¢
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18 MULVIHILL co
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Georgeann Hanna, City Clerk a
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21 The foregoing Resolution is hereby approved this day of ) 2016. o
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23
R. CAREY DAVIS, Mayor N
24 City of San Bernardino z
Approved as to form: w
25 Gary D. Saenz, City Attorney v
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 16-03 m
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1. This is an approval to allow the development, establishment and operation of a o
freestanding freeway-oriented electronic message center sign that is approximately fifty
(50) feet in height with two (2) displays (double-faced) containing approximately 672
(14' x 48') square feet each, on a parcel containing approximately 3.3 acres. The project
site is located at 1630 S. `B" Street, within the Commercial General (CG-1) zone. All
construction shall be in substantial conformance with the approved plans stamped
"Received July 5, 2016". m
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2. Within two (2) years of the Conditional Use Permit approval, commencement of E
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 Q
(1) year, then the permit/approval shall become null and void. However, approval of the o
Conditional Use Permit does not authorize commencement of construction. All necessary
permits must be obtained prior to commencement of specified construction activities °
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included in the Conditions of Approval.
EXPIRATION DATE: July 5,2018
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r 3. The Planning Commission may grant a time extension, for good cause, not to exceed o
twelve (12) months. The applicant must file an application, the processing fees, and all
required submittal items, thirty (30) days prior to the expiration date. The Planning a
Commission shall ensure that the project complies with all Development Code provisions Q
in effect at the time of the requested extension.
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4. In the event this approval is legally challenged, the City will promptly notify the
applicant of any claim, action or proceeding and will cooperate fully in the defense of this Q
matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the c
City of San Bernardino (City), any departments, agencies, divisions, boards or w
commission of the City as well as predecessors, successors, assigns, agents, directors, ,
elected officials, officers, employees, representatives and attorneys of the City from any o
claim, action or proceeding against any of the foregoing persons or entities. The applicant
further agrees to reimburse the City for 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. The costs, salaries, and N
expenses of the City Attorney and employees of his office shall be considered as Z
"Attorney's fees" for the purpose of this condition. As part of the consideration for
issuing this Conditional Use Permit, this condition shall remain in effect if the
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Conditional Use Permit is rescinded or revoked, whether or not at the request of
applicant.
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3. The site shall be maintained in accordance with the plans stamped April 20, 2016, t
approved by the City on file in the Planning Division (EXHIBIT "A"); the conditions
contained herein; and, the City's Municipal Code regulations. m
4. Prior to the issuance of any building permit for the freestanding freeway-oriented in
electronic message center sign, a License Agreement with the City of San Bernardino 0
shall be executed (EXHIBIT"B"). The license agreement shall include, but is not limited -�1'
to, signage content and "air time" for public service announcements, and may include a
revenue-sharing provision.
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5. Prior to the issuance of any building permit for the freestanding freeway-oriented
electronic message center sign, written approval shall be granted by the California State m
Department of Transportation (Caltrans).
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6. Prior to the issuance of any building permit for the freestanding freeway-oriented
electronic message center sign, the existing billboards at the following locations shall be Q
permanently removed: 1) 1775 Devore Road (APN: 0349-169-03), within the City's o
sphere of influence; 2) 2601 E. Highland Avenue (APN: 1191-111-01); 3) 901 W. 9th
Street (APN: 0140-151-26); 4) 2147 W. Highland Avenue (APN: 0269-041-35); 5) 1499 °
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W. 5th Street (APN: 0138-173-08); and, 6) 1010 W. Baseline Avenue (APN: 0144-232-
06).
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7. The freestanding freeway-oriented electronic message center sign shall be fitted with m
automatic dimming devices, capable of lowering the intensity of light during evening 0
hours, rainy, foggy, or cloudy days, or similar situations.
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8. The project shall comply with all applicable requirements of the City of San Bernardino Q
Community Development Department, Land Development and Building & Safety
Divisions, Fire Department, Public Works Department, and the City Clerk's CD
Office/Business Registration Division.
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9. The operator and property owner shall be responsible for regular maintenance of the
project site. The site shall be maintained in a clean condition and free of litter and any w
other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed ,
and cleaned up within 24 hours of being reported. o
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LICENSE AGREEMENT BETWEEN
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THE CITY OF SAN BERNARDINO AND v
LAMAR CENTRAL OUTDOOR,LLC FOR c
OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN ='a
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This License Agreement (the "AGREEMENT") is entered into this day of m
20_,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of o
California, with an address of 300 N. "D" Street, San Bernardino, California (the '
"CITY"); v
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AND,
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Lamar Central Outdoor, LLC, a Limited Liability Company, incorporated under the laws °7
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of the State of Delaware (individually CITY or OWNER may be referred to as a
"PARTY" and collectively CITY and OWNER may be referred to as the"PARTIES").
WITNESSETH :
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WHEREAS, Owner is the lessee of that real property in the San Bernardino County, °
California, more particularly described in Exhibit"A" attached hereto and incorporated herein by
this reference(the "PROPERTY"); and 0
WHEREAS,the Mayor and Common Council of CITY have determined that an Off-Site
Electronic Message Center Freeway Sign (the "SIGN") is an appropriate use of the PROPERTY; 0
and, —
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WHEREAS, the SIGN will provide additional advertising opportunities for CITY
businesses and provide a medium for the CITY to communicate important civil and community °
events to CITY residents and interested individuals; and, a
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WHEREAS, this AGREEMENT is intended to set forth the terms and conditions Elk
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regarding the development, maintenance, and use of the SIGN on the PROPERTY and the c
agreed upon revenue sharing arrangement; and, o
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WHEREAS, CITY will receive benefits from this AGREEMENT in the form of (i)
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revenue sharing from the SIGN; and (ii) the CITY's opportunity to display community-oriented
messages, informational announcements, and to promote the overall positive image of the City of
San Bernardino on the SIGN -all as set forth in this AGREEMENT; and, E
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WHEREAS, on July`, 2016, the Mayor and Common Council of the City approved U
Conditional Use Permit No. 16-03,to allow construction of the SIGN on the PROPERTY; and, Q
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LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN Q
Page 1 of 10
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WHEREAS, both Development Code Section 19.22.480(7)(G) and Conditional Use
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Permit No. 16-03, require that the SIGN be subject to a license agreement with the CITY as U
approved by the Mayor and Common Council of CITY; and, o
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WHEREAS, this AGREEMENT satisfies that requirement for a license agreement as =
stated in Development Code Section 19.22.080(7)(G) and Conditional Use Permit No. 16-03. m
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions in
contained herein, the PARTIES hereby agree as follows: o
1. COMMENCEMENT. v
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As used in this AGREEMENT, the "Commencement Date" shall be the date on or by which all a
of the following matters have occurred: 3
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(a)CITY has issued Building Permit(s) for construction of the SIGN; and, _
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(b) OWNER has notified CITY in writing that the SIGN has been fully constructed, P
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tested and is ready for immediate commercial use; and Q
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(c)CITY has approved Final Inspection of the construction of the SIGN. °
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2. SIGN INSTALLATION AND OPERATION. a°,
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i 2.1 Installation. Owner agrees to install and maintain in good condition the SIGN o
visible to motorists on 1-215 as approved by the CITY with Conditional Use °
Permit No. 16-03. m
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2.2 Approvals. Such SIGN shall be subject to all licenses and permits and approval of >
all applicable governmental agencies which approvals shall not be unreasonably °
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withheld. As of the Commencement Date of this Agreement, City acknowledges °
that the Sign complies with all applicable ordinances, orders, and all other Q
requirements of the City. o
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2.3 Construction. CITY shall have no responsibility whatsoever for the selection of c
the contractors, for the construction work on said SIGN, nor responsibility for the M
fi nished product. 4i
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2.4 CITY Use of SIGN/Annual MonetaryValue. For the term of this AGREEMENT, ca
the CITY shall be permitted the right to place public service messages on the
SIGN; provided, however, that such public service messages shall be limited to
one (1) showing every minute (not to exceed 43,200 showings in any given year). E
Public service messages may include various community-oriented messages,
informational announcements, and messages intended to promote the overall Q
positive image of the City of San Bernardino. CITY and OWNER hereby agree c
that the monetary value of the CITY's right to place public service messages on E
LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL
_
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN Q
Page 2 of 10
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the SIGN shall be equal to the greater of: (1)five thousand dollars ($5,004.00)per
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year or (2) five percent (5%) of the gross annual income realized from operation v
of the SIGN ("Annual Monetary Value"). For each year that CITY does not
exercise its right to post public service messages on the SIGN, CITY shall be
entitled to the Annual Monetary Value which shall be paid pursuant to Section 2.5
below. OWNER may grant additional airtime to CITY on a "space available m
basis"or otherwise at OWNER's sole discretion. All other uses of the SIGN shall e
be at OWNER's sole and absolute discretion in accordance with the provisions of co
this AGREEMENT and all applicable Federal, State and local laws and o
regulations. CITY may not sell or otherwise allow any of its allotted time to be
used by any other third party without the express written consent of OWNER,
which consent may be withheld in OWNER's sole and absolute discretion. All w L
uses of the SIGN by the CITY will be submitted to the OWNER by the City
Manager in a medium and format acceptable to OWNER and provided at the
CITY's sole expense. The City Manager shall submit the CITY's messages and m
announcements to OWNER, or designee, at least 48 hours prior to scheduled c
display of the message on the SIGN.
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2.5 PayMent of Annual Monetary Value. Annual Monetary Value shall be calculated
at the end of each year as required pursuant to Section 4 above, for the term of the c
Agreement. Owner shall make any required Annual Monetary Value Payment
within thirty (30) days after the end of each year of the Agreement. Payments
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shall be delivered to the CITY in conformity with Section 9, herein. OWNER �
shall prepare a report at the end of each year of the term of this AGREEMENT �a
reflecting the calculation of the Annual Monetary Value, The Annual Monetary o
Value report shall be delivered to the CITY not later than thirty (30) days
following the end of each year of the term of this AGREEMENT, in years where m
payable, accompanying the Annual Monetary Value Payment. OWNER shall o
maintain accurate financial books and records for the operation of the SIGN. Said >
books and records shall be maintained in accordance with normal business °
standards and good accounting practice. OWNER agrees to make any and all a
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records and accounts available to CITY for inspection at all reasonable times, so
that CITY can determine OWNER's compliance with this AGREEMENT. rn
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2.6 Sign Content. OWNER and CITY agree to comply with all applicable laws, rules, c
ordinances and regulations concerning the content of any and all messages M
displayed on the SIGN. Further, OWNER agrees not to display messages with E
content advertising adult entertainment, tobacco products, marijuana or alcoholic a,
beverages, with the exception that OWNER may advertise events or other
functions that are sponsored by companies affiliated with alcoholic beverages.
CITY and OWNER agree to meet at least once a year to, in good faith, negotiate
and discuss the ban on allowing alcoholic beverages advertisements and other
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content restrictions. OWNER shall have at its sole option and discretion the right
to approve any and all content of messages to be displayed on the SIGN in Q
accordance with the provisions of this AGREEMENT and all applicable Federal, _
State and local laws and regulations. E
LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN
Q
Page 3 of 10
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3. TERM; TERMINATION.
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3.1 Term. The term of this AGREEMENT shall be from the Commencement Date, as
defined in Section 1 above, and shall continue for so long as the SIGN remains in
existence,unless terminated sooner pursuant to Section 3.2,herein. _
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3.2 Termination. This AGREEMENT may be terminated at any time by thirty (30) m
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days written notice by OWNER. CITY may terminate this AGREEMENT only in
upon material breach of the AGREEMENT by OWNER and then only after CITY o
has provided notice to OWNER of the breach and a reasonable opportunity for 2:'
OWNER to cure the breach. An opportunity shall be. considered reasonable if U
OWNER is afforded at least 30 days to cure any alleged breach except that as to
any breach related to SIGN content, in which case OWNER shall immediately
cure the breach upon notice provided by CITY. The terms of this contract shall
remain in force unless mutually amended. In the event of termination of this
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AGREEMENT,OWNER shall remove the SIGN within 30 days.
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4. INDEMNITY. d
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OWNER agrees to and shall indemnify and hold the CITY, its elected officials, employees, c
agents, or representatives, free and harmless fi-om all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or U
asserted upon any actual or alleged act or omission of OWNER, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or a
perfornance of services under this Agreement, unless the bodily injury or property damage was o
actually caused by the sole negligence of the CITY, its elected officials, employees, agents or �2
representatives. As part of the foregoing indemnity, OWNER agrees to protect and defend at its 'm
own expense, including attorney's fees, the CITY, its elected officials, employees, agents or o
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. OWNER hereby waives any and all rights to any types of express or implied °
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indemnity against the CITY, its elected officials, employees, agents or representatives, with CL
respect to third party claims against the OWNER relating to or in any connected with the a
accomplislurrent of the work or performance of services under this Agreement. Co
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5. INSURANCE. o,
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5.1 Minimum Scope and Limits of Insurance. OWNER shall obtain and maintain
during the life of this Agreement all of the following insurance coverage: a,
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket aD
contractual liability, personal injury with a policy limit of not less than One
Million Dollars ($1,000,000.00), combined singles limits, per occurrence and
aggregate. Q
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LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN
Q
Page 4 of 10
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(b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with
a policy limit of not less than One Million Dollars ($1,000,000.00), combined v
single limits,per occurrence and aggregate. °c
(c) Worker's compensation insurance as required by the State of California.
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5.2 Endorsements. The comprehensive general liability insurance policy shall contain m
or be endorsed to contain the following provisions: u�
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(a) Additional insureds: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds with v
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respect to this subject project and contract with City." w
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(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty(30)days after written notice is given to City." m
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(c) Other insurance: "Any other insurance maintained by the City of San m
Bernardino shall be excess and not contributing with the insurance provided
by this policy." a,
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5.3 Certificates of Insurance. OWNER shall provide to CITY certificates of insurance g
showing the insurance coverages and required endorsements described above, in a
form and content approved by CITY, prior to performing any services under this .2
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Agreement.
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5.4 Non-limiting. Nothing in this Section shall be construed as limiting in any way, r°,
the indemnification provision contained within this Agreement, or the extent to m
which OWNER may be held responsible for payments of damages to persons or o
property.
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6. NON-DISCRIMINATION. a
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In the performance of this Agreement and in the hiring and recruitment of employees, OWNER
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shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in M
employment of persons because of their race, religion, color, national origin, ancestry, age, a,
mental or physical disability, medical condition, marital status, sexual gender or sexual M co
orientation,or any other status protected by law.
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7. INDEPENDENT CONTRACTOR.
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OWNER shall perform work tasks provided by this Agreement, but for all intents and purposes
OWNER shall be an independent contractor and not an agent or employee of the CITY. E
OWNER shall secure, at its expense, and be responsible for any and all payment of Income Tax,
Social Security, State Disability Insurance Compensation, Unemployment Compensation, and a
other payroll deductions for OWNER and its officers, agents, and employees, and all business
license, if any are required, in connection with the services to be performed hereunder. E
LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN Q
Page 5 of 10
Packet P 1546"
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S. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. v
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OWNER warrants that it possesses or shall obtain prior to execution of this Agreement, and 2
maintain, a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any F
other licenses, permits, qualifications, insurance and approval of whatever nature that are legally a`)
required of OWNER to practice its business or profession. �c
9. NOTICES. o
Any notices, documents, correspondence, or other communication concerning this Agreement or 0
the services provided hereunder may be provided by personal delivery or U.S.Mail. If personally
delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by
U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. �
Mail as reflected by the official U.S. postmark. m
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TO THE CITY: TO THE OWNER: a
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City Manager E Street Holdings,LLC c
300 N. "D" Street, 6`h Floor 11873 Sandra Court �°
San Bernardino, CA 92418 Loma Linda, CA 92354
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Either PARTY may change the address for delivery of notices by sending notice of the change to
the other PARTY in conformity with this Section.
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10. ATTORNEYS' FEES di
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In the event that litigation is brought by any PARTY in connection with this Agreement, the >
prevailing party shall be entitled to recover from the opposing party all costs and expenses, a
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its °
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rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof The costs, salary and expenses of the City Attorney and members of his/her office in
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enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph. c
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11. ASSIGNMENT. E
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OWNER may assign or transfer the OWNER's interest in this Agreement without CITY's prior M
written consent so long as OWNER notifies CITY in writing of the assignment or transfer within
ten(10)business days in conformity with Section 9.
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12. VENUE.
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The parties hereto agree that all actions or proceedings arising in connection with this Agreement
shall be tried and litigated in the Superior Court of the State of California for the County of San �E
LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN
a
Page 6 of 10
Bernardino. The aforementioned choice of venue is intended by the parties to be mandatory and 2 2
not permissive in nature. U
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13. GOVERNING LAW.
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This Agreement shall be governed and construed under the laws of the State of California m
without giving effect to that body of laws pertaining to conflict of laws. c
14. SUCCESSORS AND ASSIGNS. o
This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement
and their respective heirs,representatives, successors,and assigns.
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15. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes of c
convenience only and shall not affect the construction or the interpretation of any of its E
provisions.
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16. SEVERABILITY. c
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If any provision of this Agreement is determined by a court of competent jurisdiction to be o
invalid or unenforceable for any reason, such determination shall not affect the validity or �
enforceability of the remaining terns and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force o
and effect. �2
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17. REMEDIES; WAIVER. O
All remedies available to either PARTY for one or more breaches by the other PARTY are and Q.
shall be deemed cumulative and may be exercised separately or concurrently without waiver of Q
any other remedies.
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The delay or failure of either PARTY to require performance or compliance of the other of any
of its obligations under this Agreement shall in no way be deemed a waiver of those rights to 0
require such performance or compliance. No waiver of any provision of this Agreement shall be co
effective unless made in writing and signed by a duly authorized representative of the PARTY E
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of such right or remedy with respect to any future
occurrences or events and shall not be deemed a continuing waiver.
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18. ENTIRE AGREEMENT.
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This Agreement constitutes the entire agreement and the understanding between the PARTIES, Q
and supersedes any prior agreements and understandings relating to the subject matter of this
Agreement. .Ec
LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN Q
Page 7 of 10
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19. COUNTERPARTS. v
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This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. In the
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event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' m
format data file, such signature shall create a valid and binding obligation of the PARTY
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or".pdf' signature page were an original thereof. o
20. AMENDMENT. v
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No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES.
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21. CORPORATE AUTHORITY. m
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Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are
duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so, the Q
PARTIES hereto are formally bound to the provisions of this Agreement.
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22. COMPLIANCE WITH LAW o
OWNER agrees to abide by all federal, state, and local laws, ordinances and regulations.
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23. FORCE MAJEURE. 0
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A PARTY shall not be liable for any failure or delay in the performance of this Agreement for a
the period that such failure or delay is due to causes beyond its reasonable control, including but
not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or any a
other force majeure event. as
24. ORDER OF PRECEDENCE. o
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In the event of any inconsistency or conflict in this Agreement and any of the attached Exhibits o
or Attachments, the terms set forth in this Agreement shall prevail. M
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25. REGULATORY AUTHORITY E
OWNER acknowledges and agrees that CITY, acting not as Party to this AGREEMENT but in
its governmental regulatory capacity, has certain governmental regulatory authority over the o
PROPERTY and SIGN and nothing in this AGREEMENT binds the CITY to exercise its s
discretionary governmental authority in any particular manner. OWNER, in the use and M
operation of the PROPERTY and SIGN, shall at all times comply with all applicable laws in the Q
performance of this AGREEMENT and agrees that"all applicable laws"as used herein includes c
any legal requirement imposed by CITY acting not as a Party to this AGREMENT but in its E
LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN Q
Page 8 of 10
QORO.9
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capacity as a governmental regulatory body. OWNER agrees that all costs in complying with
applicable laws are the sole responsibility of OWNER.
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26. CONSTRUCTION.
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The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the m
event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with in
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any o
Party by virtue of authorship of any of the provisions of this Agreement. i✓'
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27. CONDEMNATION
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If any legally, constituted authority condemns the PROPERTY or SIGN or such part thereof 3
which shall make the PROPERTY or SIGN unsuitable for the purposes contemplated by this m
AGREEMENT, this AGREEMENT shall cease when the public authority takes possession. Such
termination shall be without prejudice to the rights of either PARTY to recover compensation
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from the condemning authority for any loss or damage caused by the condemnation including
money spent on capital improvements to the PROPERTY or SIGN. Neither PARTY shall have CM
any rights in or to any award made to the other by the condemning authority. _
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�. 28. PUBLIC RECORDS DISCLOSURE
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All information received by CITY concerning this AGREEMENT, including the AGREEMENT
itself, may be treated as public information subject to disclosure under the provisions of the o
California Public Records Act, Government Code Section 6250 et seq. (the "Public Records :2
Act"). The PARTIES understand that although all materials received in connection with this m
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AGREEMENT are intended for the exclusive use of the PARTIES, they are potentially subject ;
to disclosure under the provisions of the Public Records Act. o
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LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL U
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN Q
Page 9 of 10
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Pack If 00060F
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LICENSE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND v
LAMAR CENTRAL OUTDOOR,LLC FOR o
OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
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and date set forth below. °D
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Dated: 72016 OWNER: Lamar Central Outdoor,LLC
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By.
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Dated , 2016 CITY OF SAN BERNARDINO a,
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Mark Scott, City Manager
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APPROVED AS TO FORM: .oa
Gary D. Saenz,City Attorney m
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LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL �
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN
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Page 10 of 10
Packet Pg. 551
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RESOLUTION NO. 2016-015-PC
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
BERNARDINO, CALIFORNIA RECOMMENDING TO THE MAYOR AND
COMMON COUNCIL THE ADOPTION OF A CATEGORICAL EXEMPTION AND o
APPROVAL OF DEVELOPMENT CODE AMENDMENT 16-02 AND
CONDITIONAL USE PERMIT 16-03 TO ALLOW THE DEVELOPMENT,
ESTABLISHMENT AND OPERATION OF A FREESTANDING FREEWAY
ORIENTED ELECTRONIC MESSAGE CENTER SIGN ON A PARCEL
CONTAINING APPROXIMATELY 3.3 ACRES LOCATED AT 1630 S. "E" STREET
(APN:0141-253-02)WITHIN THE COMMERCIAL GENERAL(CG-1)ZONE. m
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WHEREAS, on February 4, 2016, pursuant to the requirements of Chapter 19.42, E
§19.36.020 and §19.22.080(7) of the City of San Bernardino Development Code, an application
for Development Code Amendment 16-02 and Conditional Use Permit 16-03 was duly submitted Q
by: o
Property Owner: E Street Holdings, LLC o
11873 Sandra Court
Loma Linda,CA 92354 °
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Project Applicant: Lamar Central Outdoor, LLC m
24541 Redlands Boulevard o
Loma Linda,CA 92354
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Parcel Address: 1630 S."E" Street a
APN: 0141-253-02
Lot Area: 3.3 acres o
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WHEREAS, Development Code Amendment 16-02 is a request to amend §19.22.080 LO
relating to off-site signs;and o
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WHEREAS, Conditional Use Permit 16-03 is a request to allow the development, o
establishment and operation of a freestanding freeway-oriented electronic message center sign
that is approximately fifty (50) feet in height with two (2) displays (double-sided) containing 0
approximately 672 (14' x 48') square feet each, on a parcel containing approximately 3.3 acres;
and
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WHEREAS, as part of the application for Conditional Use Permit 16-03,the applicant is
proposing to permanently remove the existing billboards at the following locations: 1) 1775 w
Devore Road (APN: 0349-169-03), within the City's sphere of influence; 2) 2601 E. Highland =
Avenue (APN: 1191-111-01); 3) 901 W. 9th Street (APN: 0140-151-26); 4) 2147 W. Highland Q
Avenue (APN: 0269-041-35); 5) 1499 W. 5th Street (APN: 0138-173-08); and, 6) 1010 W.
Baseline Avenue (APN: 0144-232-06);and a
I WHEREAS, the Planning Division of the Community Development Department has E
reviewed Development Code Amendment 16-02 and Conditional Use Permit 16-03 for
consistency with the City of San Bernardino General Plan and compliance with the City of San Q
Bernardino Development Code; and
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WHEREAS, pursuant to requirements of §15060(c) of the California Environmental
Quality Act, the Planning Division of the Community Development Department evaluated
Development Code Amendment 16-02 and Conditional Use Permit 16-03;and in
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WHEREAS, on March 10, 2016, pursuant to the requirements of§19.36.030 of the City 0
of San Bernardino Development Code, the Development and Environmental Review Committee G
reviewed the application and moved the Categorical Exemption, Development Code Amendment w
16-02 and Conditional Use Permit 16-03 to the Planning Commission for consideration; and
WHEREAS, on April 8, 2016, pursuant to the requirements of§19.52.020 of the City of m
San Bernardino Development Code, the City gave public notice by advertising in the San
Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by
mailing notices to the property owners within 500 feet of the subject property of the holding of a
public hearing at which the Environmental Determination, Development Code Amendment 16-
02 and Conditional Use Permit 16-03 would be considered; and o
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WHEREAS,'on April 20, 2016, pursuant to the requirements of§19.52.040 of the City o
of San Bernardino Development Code, the Planning Commission held the duly noticed public
hearing at which interested persons had an opportunity to testify in support of, or opposition to
the Environmental Determination, Development Code Amendment 16-02 and Conditional Use 0
Permit 16-03, and at which meeting the Planning Commission considered the Environmental =
Determination,Development Code Amendment 16-02 and Conditional Use Permit 16-03; and 00
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WHEREAS, pursuant to the requirements of Chapter 19.36 of the City of San 'o
Bernardino Development Code, the Planning Commission has the authority to take action on the Q
Environmental Determination, Development Code Amendment 16-02 and Conditional Use Q
Permit 16-03. a)
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NOW THEREFORE, the Planning Commission of the City of San Bernardino does LO
hereby resolve,determine, find, and order as follows: 9
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SECTION 1. ENVIRONMENTAL DETERMINATION: N
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In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act o
(CEQA), the Planning Division conducted an environmental evaluation in connection with
proposed Development Code Amendment 16-02 and Conditional Use Permit 16-03 and
concluded that Development Code Amendment 16-02 and Conditional Use Permit 16-03 is n.
found to be exempt under §15061(b)(2) (Review for Exemption) of CEQA. Pursuant to §15332 �+
(In-Fill Development Projects) of CEQA, a Class 32 Categorical Exemption consists of projects w
characterized as in-fill development projects meeting the conditions contained within §15332 of =
CEQA. The Planning Division staff has analyzed proposed Development Code Amendment 16-
02 and Conditional Use Permit 16-03 and has determined that it is Categorically Exempt from
CEQA pursuant to §15332 of the CEQA Guidelines due to the fact that: 1) the project is a
consistent with the applicable General Plan designation and all applicable General Plan policies
as well as with applicable zoning district and regulations; 2) the proposed development is located E
on a site within the City limits on less than five (5) acres; 3) Conditions of Approval will be
imposed to alleviate potential impacts; and, 4) there are no additional potential significant Q
environmental impacts that may result from the proposed development, establishment and
2
operation of the proposed freestanding freeway-oriented electronic message center sign.
Accordingly,pursuant to §15062 of CEQA, a Notice of Intent to Adopt a Categorical Exemption
for Development Code Amendment 16-02 and Conditional Use Permit 16-03 was published on
April 8, 2016 for the CEQA mandated ten (10) day public review and comment period. In
accordance with §15061 of CEQA, on April 20, 2016, during a duly advertised public hearing, —
the Planning Commission considered the Class 32 Categorical Exemption for the 0
recommendation to the Mayor and Common Council for the adoption of the Categorical
Exemption and approval of Development Code Amendment 16-02 and Conditional Use Permit Y
16-03.
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SECTION 2. RECOMMENDATIONS FOR DEVELOPMENT CODE m
AMENDMENT 16-02:
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Section 19.42.030 of the City of San Bernardino Development Code, the Planning Commission
forwards the following Development Code Amendments for approval by the Mayor and Q
Common Council: o
A. Section 19.22.080(1)(C)(1) (Off-Site Signs—Replacement of Off-Site Billboard Signs on o
the Same Site)is proposed to be amended,as follows:
(1) No billboard shall be upgraded to an electronic variable message display
unless the sign is located at least 1,000 feet from the nearest existing or =
approved electronic message center or electronic display sign on the same o
side of the freeway.
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B. Section 19.22.080(2)(E) (Off-Site Signs — Replacement of Off-Site Billboard Signs on a
New Site)is proposed to be amended by the following deletion: a
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C. Section 19.22.080(7)(E) (Off-Site Signs — Off-Site Electronic Message Center Signs) is Co
proposed to be amended,as follows: °
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E. Off-site electronic message center signs may be placed no closer than
1,000 feet from another electronic message center sign (on-site or off-site) W
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on the same side of the freeway. a.
SECTION 3. FINDINGS FOR CONDITIONAL USE PERMIT 16-03: w
Section 19.36.050 of the City of San Bernardino Development Code requires that Conditional czi
Use Pen-nit applications meet certain findings prior to the approval by the Mayor and Common
Council. Accordingly, the following findings are provided in support of the recommendation by a
the Planning Commission for approval of Conditional Use Permit 16-03:
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Finding No. 1: The proposed use is conditionally permitted within, and would not impair U
® the integrity and character of the subject land use district and complies a
with all of the applicable provisions of the Development Code.
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Finding of Fact: The proposed freestanding freeway-oriented electronic message center
sign is a conditionally permitted use, pursuant to Development Code
§19.22.080(7). The project site is located within the Commercial General
(CG-1) zone and is substantially surrounded by existing commercial uses -
and adjacent to the Interstate (215) Freeway. The proposal complies with 0
all applicable Development Code standards for electronic message center
signs. Therefore, the proposed project would not impair the integrity and w
character of the subject land use district or be detrimental to surrounding
properties.
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Finding No.2: The proposed use is consistent with the General Plan. m
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Finding of Fact: The proposal freestanding freeway-oriented electronic message center sign
is consistent with several General Plan goals and policies, as follows: Goal Q
4.1 — "Encourage economic activity that capitalizes on the transportation c
and locational strengths of San Bernardino," Goal 4.3 — "Continue and
expand the City's marketing and promotional campaigns," and o
Community Design Policy 5.2.6 — "Ensure implementation of sign
regulations which address issues of scale, type, design, materials,
placement, compatibility and maintenance." Therefore the proposed o
project would be compatible with surrounding land uses and consistent =
with the General Plan. m
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Finding No.3 Approval of the Conditional Use Permit for the proposed use is in o
compliance with the requirements of the California Environmental Quality Q
Act(CEQA)and §19.20.03 0(6)of the Development Code. a
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Finding of Fact: The project is exempt from environmental review under CEQA §15332 CO
(In-Fill Development Projects), and complies with the requirements of LO
Development Code §19.22.080(7). The project location is an infill site q
located within an urbanized area and is substantially surrounded by o
existing commercial uses and adjacent to the Interstate (215) Freeway. N
Approval of the proposed freestanding freeway-oriented electronic o
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message center sign would not result in any impacts on the environment. o
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Finding No.4 There wilt be no potentially significant negative impacts upon
environmental quality and natural resources that could not be properly a
mitigated and monitored. v
Finding of Fact: The project site is an in-fill lot adjacent to the Interstate (215) Freeway z
and the surrounding area is urbanized. Therefore, no significant negative
impacts on the environment are anticipated to result from the proposed
freestanding freeway-oriented electronic message center sign.
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Finding No. 5: The location, size, design, and operating characteristics of the proposed
use are compatible with the existing and future land uses within the E
general area in which the proposed use is to be located and will not create
significant noise, traffic or other conditions or situations that may be Q
objectionable or detrimental to other permitted uses in the vicinity or
4
177&pg 7
adverse to the public interest, health, safety,convenience,or welfare of the
City.
Finding of Fact: The proposed freestanding freeway-oriented electronic message center
sign is in compliance with the Development Code requirements, and is
designed to showcase and promote local businesses. The project site is 0 0
located at an optimum location to display an electronic message center
sign that will attract Interstate (215) Freeway travelers to the surrounding
area. The proposed freestanding freeway-oriented electronic message
center sign will not generate additional noise, traffic, or other conditions
that would be detrimental or objectionable to other uses in the vicinity or
in
adverse to the public health,safety, convenience,or welfare of the City.
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Finding No.6: The subject site is physically suitable for the type and density/intensity of
use being proposed.
Finding of Fact: The site is physically suitable for the proposed freestanding freeway-
oriented electronic message center sign as evidenced by project c
compliance with all applicable Development Code Standards. W
Finding No. 7 There are adequate provisions for public access, water, sanitation, and 0
public utilities and services to ensure that the proposed use would not be =
detrimental to public health and safety. 0-
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Finding of Fact: The site has direct access off of"E" Street. All agencies responsible for o
reviewing access and providing water, sanitation and other public services a
to the site have had the opportunity to review the proposal, and none Q
indicated inability to serve the project site. Establishment of the proposed o
project, subject to Conditions of Approval, will not be detrimental to co
public services or public health and safety. LO
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SECTION 4. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 16-02: r
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Section 19.42.050 of the City of San Bernardino Development Code requires that Development
Code Amendment applications meet certain findings prior to the approval by the Mayor and o
Common Council. Accordingly, the following findings are provided in support of the
recommendation by the Planning Commission for the approval of Development Code W
Amendment 16-02: °-
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Finding No. 1: The proposed amendment is consistent with the General Plan. w
Finding of Fact: The proposed amendment will result in removing the existing regulations
for off-site freeway signs that are no longer imposed by the California
State Transportation Agency (Caltrans), and the proposed amendment will
provide for the accommodation of the development, establishment and
operation of a freestanding freeway-oriented electronic message center E
sign consistent with the City's Development Code.
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Finding No.2: The proposed amendment would not be detrimental to the public interest,
health, safety,convenience, or welfare of the City.
Finding of Fact: The proposed amendment will not be detrimental to the public interest, in
health, safety, convenience, or welfare of the City in that amendment to 0
remove the existing regulations for off-site freeway signs that are no
longer imposed by the California State Transportation Agency (Caltrans)
will facilitate the development, establishment and operation of a
freestanding freeway-oriented electronic message center sign consistent
with the City's Development Code. The project site has direct access from
"E" Street, will be fully served by utility providers, will be construction in m
accordance with all applicable codes and regulations,and will not result in
the need for the excessive provision of services.
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SECTION 5. CONDITIONS OF APPROVAL: a
The approval of Development Code Amendment 16-02 and Conditional Use Permit 16-03 shall
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be subject to the following Conditions of Approval: o
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1. This is an approval to allow the development, establishment and operation of a
freestanding freeway-oriented electronic message center sign that is approximately fifty 0
(50) feet in height with two (2) displays (double-faced) containing approximately 672 =
(14' x 48') square feet each, on a parcel containing approximately 3.3 acres. The project o
site is located at 1630 S. "E" Street, within the Commercial General (CG-1) zone. All
construction shall be in substantial conformance with the approved plans stamped 'o
"Received February 4, 2016". a
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2. Within two (2) years of the Conditional Use Permit approval, commencement of o
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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
(1) year, then the permit/approval shall become null and void. However, approval of the o
Conditional Use Permit does not authorize commencement of construction. All necessary o
permits must be obtained prior to commencement of specified construction activities N
included in the Conditions of Approval. 2
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EXPIRATION DATE: April 20,2018
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3. The Planning Commission may grant a time extension, for good cause, not to exceed a
twelve (12) months. The applicant must file an application, the processing fees, and all
required submittal items, thirty (30) days prior to the expiration date. The Planning w
Commission shall ensure that the project complies with all Development Code provisions
in effect at the time of the requested extension. L)
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4. In the event this approval is legally challenged, the City will promptly notify the
applicant of any claim,action or proceeding and will cooperate fully in the defense of this
matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the E
City of San Bernardino (City), any departments, agencies, divisions, boards or U
commission of the City as well as predecessors, successors, assigns, agents, directors, r
I ` elected officials, officers, employees, representatives and attorneys of the City from any Q
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claim,action or proceeding against any of the foregoing persons or entities. The applicant
further agrees to reimburse the City for 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. The costs, salaries, and
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expenses of the City Attorney and employees of his office shall be considered as —
"Attorney's fees" for the purpose of this condition. As part of the consideration for
issuing this Conditional Use Permit, this condition shall remain in effect if the v
Conditional Use Permit is rescinded or revoked, whether or not at the request of
applicant.
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Planning Division m
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3. The site shall be maintained in accordance with the plans stamped April 20, 2016, E
approved by the City on file in the Planning Division (EXHIBIT "A"); the conditions CD
contained herein;and, the City's Municipal Code regulations. Q
4. Prior to the issuance of any building permit for the freestanding freeway-oriented
electronic message center sign,a license agreement with the City of San Bernardino shall o
be executed. The license agreement shall include, but is not limited to, signage content
and "air time" for public service announcements, and may include a revenue-sharing a
provision. 0
5. Prior to the issuance of any building permit for the freestanding freeway-oriented o
electronic message center sign, written approval shall be granted by the California State
Department of Transportation(Caltrans). o
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6. Prior to the issuance of any building permit for the freestanding freeway-oriented Q
electronic message center sign, the existing billboards at the following locations shall be o
permanently removed: 1) 1775 Devore Road (APN: 0349-169-03), within the City's M
sphere of influence; 2) 2601 E. Highland Avenue (APN: 1191-111-01); 3) 901 W. 9th e,
Street (APN: 0140-151-26); 4) 2147 W. Highland Avenue (APN: 0269-041-35); 5) 1499 0
W. 5th Street (APN: 0138-173-08); and, 6) 1010 W. Baseline Avenue (APN: 0144-232- o
06).
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7. The freestanding freeway-oriented electronic message center sign shall be fitted with o
automatic dimming devices, capable of lowering the intensity of light during evening
hours, rainy, foggy,or cloudy days,or similar situations.
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8. The project shall comply with all applicable requirements of the City of San Bernardino
Community Development Department, Land Development and Building & Safety z
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Divisions, Fire Department, Public Works Department, and the City Clerk's
Office/Business Registration Division.
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9. The operator and property owner shall be responsible for regular maintenance of the Q
project site. The site shall be maintained in a clean condition and free of litter and any
other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed E
and cleaned up within 24 hours of being reported.
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SECTION 6. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following:action:
1, Adoption of Planning Commission Resolution No`. 2016-015° :forwarding; a o
recommendation that the Mayor and Common Council:
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a. In accordance with §15061(b)(2) of the California Environmental Quality Act, the
Planning Commission hereby recommends the aclaption of the Categories Exemption
(§15332: In-Fill Development Project)for Development Code Amendment 16-02 and �
Conditional Use Permit 16-03, and direct the Community Development Director to m
prepare and file with the Clerk of the County of San Bernardino. a Notice of
Exemption as provided under Public Resources, Code §21152(b) and CEQA:
Guidelines §15062; and
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b. Approve Development Code Amendment 16-02 and Conditional Use Permt 16 43 0
based on the Findings of Fact and subject to the recommended C04dition4 of ro
Approval. o
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PASSED, APPROVED AND ADOPTED this 20`h day of April 2016.
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Larry Sley, Chairman o
San Bernardino Planning Commission co
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A"T"TEST: N
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Mark Persico, Planning Commission Secretary
City of San Bernardino, California w
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CERTIFICATION':
[, Stephanie Sanchez, Recording Secretary of the Planning Commission; of Otte City :of Sin
Bernardino, California, do hereby certify that the foregoing Resolution, No. 2016015,,was duly
adopted by the Planning Commission of the City of San Bernardino, California, at a regular o
ineeting thereof held on the 20th day of April 2016, by the following vote;to wit:
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AYES:Durr,Madhen,Lopez,Eble,Paxton, Earp
NOES: Heasley
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ABSENT: Barnhardt, Dailey
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ABSTAIN:None w
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Steph a San ez, Recardiin cretary 0
City of San Ber ardino, Cali . rni
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AGENDA ITEM #7
PLANNING COMMISSION STAFF REPORT
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CITY OF SAN BERNARDINO PLANNING DIVISION m
CASE: Development Code Amendment 16-02 and Conditional Use Permit o
16-03
HEARING DATE: April 20, 2016 U
WARD: 3 Y
OWNER: APPLICANT:
E Street Holdings, LLC Lamar Central Outdoor, LLC
11873 Sandra Court 24541 Redlands Boulevard m
Loma Linda,CA 92354 Loma Linda,CA 92354 =
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REQUEST& LOCATION:
A request to amend §19.22.080 (Off-Site Signs)and allow the development, establishment and o
operation of a freestanding freeway-oriented electronic message center sign that is
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approximately fifty (50) feet in height with two (2) displays (double-sided) containing o
approximately 672 (14' x 48') square feet each. The project site is located at 1630 S. `B"
Street.
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APN: 0141-253-02 -
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ZONE: Commercial General (CG-1) —
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STAFF RECOMMENDATION: a
The Planning Division of the Community Development Department recommends that the Q
Planning Commission adopt Resolution No. 2016-015 forwarding a recommendation that the
Mayor and Common Council (please see Attachment A):
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1. Adopt the Categorical Exemption (§15332: In-Fill Development Projects) for
Development Code Amendment 16-02 and Conditional Use Permit 16-03, in accordance
with §15061(b)(2)of the California Environmental Quality Act; and a
2. Approve Development Code Amendment 16-02 and Conditional Use Permit 16-03 based
on the Findings of Fact and subject to the recommended Conditions of Approval. w
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DCA 16-02 and CUP 16-03
Planning Commission Dale:4.20.2016
Page 2
BACKGROUND
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February 4, 2016: Development Code Amendment 16-02 and Conditional Use Permit 16-03 cc
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application was submitted. m
March 10, 2016: Development and Environmental Review Committee reviewed the
application and moved the Categorical Exemption and Development Code
Amendment 16-02 and Conditional Use Permit 16-03 to the Planning
Commission for consideration. v
April 5,2016: A legal advertisement was sent to the San Bernardino Sun Newspaper for
publication on April 8,2016.
April 7,2016: Notices were mailed to the property owners and residents within 500 feet
of the exterior boundaries of the subject property, providing the nature of
the request, location of the property, the date, time, and place of the m
Planning Commission meeting of April 20, 2016 for the Categorical a
Exemption and Development Code Amendment 16-02 and Conditional E
Use Permit 16-03.
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PROJECT DESCRIPTION °
Pursuant to the requirements of Chapter 19.42 (Development Code Amendments), §19.22.080(7) —°CD
(Off-Site Signs — Off-Site Electronic Message Center Signs) and §19.36.020 (Conditional Use
Permit Applications) of the City of San Bernardino Development Code, the applicant is o
requesting the approval of Development Code Amendment 16-02 to amend §19.22.080 (Off-Site
Signs) and Conditional Use Permit 16-03 to allow the development, establishment and operation 'm
of a freestanding freeway-oriented electronic message center sign that is approximately fifty (50) o
feet in height with two (2) displays (double-sided) containing approximately 672 (14' x 48')
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square feet each. a
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SETTING & SITE CHARACTERISTICS o;
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The project site is located on the west side of S. "E" Street within the Commercial General (CG-
1) zone (please see Attachments B and C). The project site contains a total of approximately 3.3 a
acres, and is developed with a commercial center. Table 1 below provides a summary of the
surrounding land use characteristics of the subject site and surrounding properties.
TABLE 1: SITE AND SURROUNDING LAND USES a
LOCATION LAND USE ZONE GENERAL PLAN
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DESIGNATION
Site Commercial Center Commercial General CG-1 Commercial z
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North Commercial Center Commercial General(CG-1) Commercial =
South Commercial Center Commercial General(CG-1) Commercial
East Commercial Center Commercial General(CG-1) Commercial Q
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West Interstate(215)Freeway N/A N/A E
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DCA 16-02 and CUP 16-03 ^{ ONE]
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Planning Commission Date:4.20.2016
Page 3
ANALYSIS =
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The City of San Bernardino Development Code has the following standards to regulate off-site CO
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signs: m
1. Pursuant to §19.22.080(2)(E), new billboards shall not be located within 1,000 feet of the U)
gore points of freeway to freeway interchanges or freeway interchanges and on- and off- o
ramps, or within the interchanges themselves. This description is commonly referred to
as"gore point." _
Staff is not aware of the origin of this development standard other than to believe that this
may have been a previous requirement of Caltrans. As a follow-up to this matter, staff
has received a letter from Caltrans, dated March 7, 2016, Caltrans the term "gore point" m
is no longer utilized, and the proposed electronic message center sign is not subject to the
1,000 distance requirement as provided in Pursuant to §19.22.080(2)(E). Therefore, staff E
supports the proposed location, and believes that Caltrans will adequately regulate the
proposed electronic message center sign in a manner to ensure the safety of motorists on a
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the adjacent freeways. °
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2. Pursuant to §19.22.080(7)(E), off-site electronic message center signs may be placed no
closer than 1,000 feet from another electronic message center sign.
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Although there is an existing electronic message center sign on the west side of the .0
Interstate (215)Freeway approximately 970 feet from the proposed located of the subject m
electronic message center sign, staff has interpreted this distance requirement as meaning c
on the same side of the freeway. o
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3. Pursuant to §19.22.080(2)(H), the Planning Commission may require the removal of a
more than one (1) off-site billboard in exchange for the right to locate one (1) new
replacement sign at a new site. CO
In an effort to reduce the number of billboards within the City, as part of the request for a
Conditional Use Permit 16-03, the applicant is proposing to permanently remove the
existing billboards at the following locations, which has been included as Condition of
Approval No. 6:
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✓ 1775 Devore Road (APN: 0349-169-03), within the City's sphere of influence
(this billboard was located on the west side of the Interstate (215) Freeway, south z
of the Interstate (15) Freeway/Interstate (215) Freeway interchange and has LU
already been removed. _
✓ 2601 E. Highland Avenue(APN: 1191-111-01) a
✓ 901 W. 9h Street(APN: 0140-151-26) a
✓ 2147 W. Highland Avenue(APN: 0269-041-35) _
✓ 1499 W. 5 Street(APN: 0138-173-08)
✓
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1010 W. Baseline Avenue (APN: 0144-232-06)
DCA 16-02 and CUP 16-03
Planning Commission Date:4.20.2016
Page 4
The following Conditions of Approval have been included as required by the City of San
Bernardino Development Code for off-site electronic message center signs:
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✓ Prior to the issuance of any building permit for the freestanding freeway-oriented m
electronic message center sign, a license agreement with the City of San Bernardino shall
be executed. The license agreement shall include, but is not limited to, signage content N
and "air time" for public service announcements, and may include a revenue-sharing 0
provision. (please see Condition of Approval No. 4) v
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• Prior to the issuance of any building permit for the freestanding freeway-oriented C
electronic message center sign, written approval shall be granted by the California State 3
Department of Transportation (Caltrans).(please see Condition of Approval No. 5)
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• The freestanding freeway-oriented electronic message center sign shall be fitted with
automatic dimming devices, capable of lowering the intensity of light during evening
hours, rainy, foggy, or cloudy days, or similar situations. (please see Condition of
Approval No. 7) a
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PROPOSED DEVELOPMENT CODE AMENDMENTS o
Section 19.22.080(1)(C)(1) (Off-Site Signs — Replacement of Off-Site Billboard Signs on the
Same Site) is proposed to be amended,as follows: o
I (1) No billboard shall be upgraded to an electronic variable message display unless
the sign is located at least 1,000 feet from the nearest existing or approved c
electronic message center or electronic display sign on the same side of the o
freeway. Q
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Section 19.22.080(2)(E)(Off-Site Signs—Replacement of Off-Site Billboard Signs on New Site) o
is proposed to be amended by the following deletion: M
E N bills, a shall ll + b l + i d A i 1,000 f e+ of the nts „f 0
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freeway to freeway inter-ehanges r-fieeway + h nges and on and off_ �
ramps, or.wMin the inteFehanges themselves.
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Section 19.22.080(7)(E) (Off-Site Signs—Off-Site Electronic Message Center Signs) is proposed a
to be amended,as follows: 'LO
E. Off-site electronic message center signs may be placed no closer than w
1,000 feet from another electronic message center sign(on-site or off-site)
on the same side of the freeway. Q
With the proposed amendments, the proposed freestanding freeway-oriented electronic message Q
center sign has been designed to comply with the standards of the City of San Bernardino E
Development Code with regard to height,square footage and location.
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DCA 16-02 and CUP 16-03 O 1
Planning Commission Date:4.20.2016
Page S
CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEOA)
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In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act
(CEQA), the Planning Division conducted an environmental evaluation in connection with m
proposed Development Code Amendment 16-02 and Conditional Use Permit 16-03 and =
concluded that Development Code Amendment 16-02 and Conditional Use Permit 16-03 is in
found to be exempt under§15061(b)(2)(Review for Exemption)of CEQA. o
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Pursuant to §15332 (In-Fill Development Projects) of CEQA, a Class 32 Categorical Exemption v
consists of projects characterized as in-fill development projects meeting the conditions
contained within §15332 of CEQA. The Planning Division staff has analyzed proposed
Development Code Amendment 16-02 and Conditional Use Permit 16-03 and has determined
that it is Categorically Exempt from CEQA pursuant to §15332 of the CEQA Guidelines due to m
the fact that: 1) the project is consistent the applicable General Plan designation and all
applicable General Plan policies as well as with applicable zoning district and regulations; 2) the E
proposed development is located on a site within the City limits on less than five (5) acres; 3)
Conditions of Approval will be imposed to alleviate potential impacts; and, 4) there are no a
additional potential significant environmental impacts that may result from the proposed o
development, establishment and operation of the proposed freestanding freeway-oriented
electronic message center sign. Accordingly,pursuant to §15062 of CEQA, a Notice of Intent to —°�
Adopt a Categorical Exemption for Development Code Amendment 16-02 and Conditional Use
Permit 16-03 was published on April 8,2016 for the CEQA-mandated ten(10)day public review
and comment period, and there were no public written comments received or verbal comments °Q
presented as of the date of the preparation of this Staff Report. m
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On March 10, 2016, the Development and Environmental Review Committee reviewed the
application and Environmental Determination of the Planning Division, and moved the a
Categorically Exempt pursuant to §15332 (In-Fill Development Projects) of CEQA and Q
Development Code Amendment 16-02 and Conditional Use Permit 16-03 to the Planning
Commission for consideration. o
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DCfi 16-02W CUP 1*0-3-
Planning Com nissian Doe:-4,20,20116
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RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 2016-015 forwarding
recommendation to the Mayor and Common Council the adoption of the Categorical Exemption m
and approval of Development Code Amendment 16-02 and Conditional Use Permit 16-03, based
on the Findings of Fact and subject to the recommended Conditions ofApproval.
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Respectfully Submitted, G
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Oliver Mujica
Planning Division alter °
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Approved for Distribution:
Mark Persico,A:ICP °
Community Development Director, $
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Attachments: A. Resolution No.2016-015 a
B. Aerial.Map o
C. Location Map CO
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D. Notice of Exemption
E. Letter from Caltrans,dated Marcia 7,2016 Q
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�QL14AR tNO Larry Heasley,Chair
Lance Durr, Vice Chairc
o Andrew Machen CITY OF SAN BERNARDINO
si Amelia S.Lopez
Jim Eble COMMUNITYDEVELOPMENT DEPARTMENT V
ooNsn N 0 Dustin Barnhardt „
Kent Paxton 300 North `D Street, San Bernardino, California 92418
Casey Dailey Phone: (909)384-7272 • Fax:(909)384-5155 :a
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Steven Emp
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PLANNING COMMISSION ACTION MINUTES o
APRIL 20,2016
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MINUTES OF FEBRUARY 17,2016 w
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MINUTES OF MARCH 16,2016
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EXTENSION OF TIME 16-01 c
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EXTENSION OF TIME 16-02 L
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EXTENSION OF TIME 16-03 0
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VARIANCE 16-01 0
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DEVELOPMENT CODE AMENDMENT 16-02 AND
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CONDITIONAL USE PERMIT 16-03 0
GENERAL PLAN AMENDMENT 16-03, DEVELOPMENT CODE AMENDMENT / o
ZONING MAP AMENDMENT 15-01, SUBDIVISION 15-02, AND CONDITIONAL USE
PERMIT 15-09 0
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DEVELOPMENT PERMIT TYPE—P 15-03 a
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GENERAL PLAN AMENDMENT 16-02 AND DEVELOPMENT CODE AMENDMENT / M
ZONING MAP AMENDMENT 14-17
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Page 1 of 9 04/20/2016
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Chair Heasley called the meeting to order at 6:00 p.m. o
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Commissioner Lopez led the flag salute. v
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Present: Commissioners: Heasley, Durr, Machen, Lopez, Eble, Paxton, and Earp. a
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Excused: None. Absent: Barnhardt and Dailey. c
Staff present: Mark Persico, Community Development Director; Steven Graham, Deputy City m
Attorney; Oliver Mujica, Planning Division Manager; Travis Martin, Assistant Planner; Chantal r_
Power, Assistant Planner; Elizabeth Mora-Rodriguez, Assistant Planner and Stephanie Sanchez, in
Planning Commission Secretary. o
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ADMINISTRATION OF OATH s
Stephanie Sanchez,Planning Commission Secretary administered the oath.
CONSENT AGENDA: m
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Mark Persico, Community Development Director, gave a brief presentation of the consent E
agenda. L
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1. Minutes of February 17, 2016. Staff recommended approval of these minutes. o
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2. Minutes of March 16, 2016. Staff recommended approval of these minutes.
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3. EXTENSION OF TIME 16-01 - A request to allow a one (1) year extension of 0
time for Subdivision 05-40 for Tentative Tract Map 17329 involving the subdivision =
of a parcel containing approximately 55.76 acres into ninety-four (94) single family 00
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residential lots. i
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Address: Meyers Road and Little League Drive a
Zone: Residential Estate(RE) and Residential Low (RL) `t
Environmental Determination: Exempt from CEQA — pursuant to §15162 (Previous c
Environmental Determination) of the California °;
Environmental Quality Act.
Applicant: GFR Enterprises, Inc./SB 17329, LLC
APN: 0261-031-1 and 10; 0261-062-11, 12, 13 and 14;
and, 0348-111-13 and 14
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Ward: 5 °-
Recommended Motion: Staff recommended that the Planning Commission adopt w
Resolution No. 2016-019 adopting the Categorical Exemption for Extension of Time g
16-01 of Subdivision 05-40 for Tentative Tract Map 17329 and approving Extension v
of Time 16-01 of Subdivision 05-40 for Tentative Tract Map 17329, subject to the
recommended Conditions of Approval. a
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Page 2 of 9 04/20/2016
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4. EXTENSION OF TIME 16-02 — A request to allow a one (1) year extension of o
time for Subdivision 04-23 for Tentative Tract Map 17170 involving the subdivision
of a parcel containing approximately 16.0 acres into thirty (30) separate parcels (27 v
single family residential lots and 3 open space lettered lots). c°
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Address: Northwest Corner of Foothill Boulevard and L
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Macy Street m
Zone: Residential Medium (RM), Residential Suburban in
(RS), and Commercial General-1(CG-1) o
Environmental Determination: Exempt from CEQA — pursuant to §15162 (Previous
Environmental Determination) of the California 5
Environmental Quality Act.
Applicant: Santiago Foothill Estates
APN: 0142-041-04
Ward: 6 m
Recommended Motion: Staff recommended that the Planning Commission adopt E
Resolution No. 2016-013 adopting the Categorical Exemption for Extension of Time
16-02 of Subdivision 04-23 for Tentative Tract Map 17170 and approving Extension Q
of Time 16-02 of Subdivision 04-23 for Tentative Tract Map 17170, subject to the =
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recommended Conditions of Approval. °
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5. EXTENSION OF TIME 16-03 - A request to allow a one (1) year extension of
time for Subdivision 05-01 for Tentative Tract Map 17367 involving the subdivision -o
of a parcel containing approximately 64.9 acres into sixty-nine (69) separate parcels 0
(66 single family residential lots, 2 open space lettered lots, and one remainder lot). -
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Address: North Side of Verdemont Avenue, East of Palm °
Avenue
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Zone: Residential Low (RL) a
Environmental Determination: Exempt from CEQA — pursuant to §15162 (Previous a
Environmental Determination) of the California c
Environmental Quality Act. M
Applicant: Verdemont Heights, LLC
APN: 0261-011-02, 03 and 10; and, 0348-121-12 and 27
Ward: 6
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Recommended Motion: Staff recommended that this item be removed from the a.
agenda and re-noticed to reflect the correct property location.
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6. VARIANCE 16-01 - A request to allow the construction of a sixteen (16) foot high wall =
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feature to exceed the maximum permitted height of ten(10) feet for an existing multi-tenant
industrial development. F-
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Address: 184 W. Caroline Street
Zone: Commercial Regional (CR-3)
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Page 3 of 9 04/20/2016
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Environmental Determination: Exempt from CEQA — pursuant to §15303 (New o
Construction of Small Structures) of the California
Environmental Quality Act. v
Applicant: Douglas Jones c°
APN: 0164-321-84 a
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Ward: 3 E
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Recommended Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2016-016 adopting the Categorical Exemption for Variance 16-01 co
and approving Variance 16-01, based on the Findings of Fact and subject to the 0,
recommended Conditions of Approval. v
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Mark Persico, Community Development Director, made a recommendation to continue Item
#5 to the next Planning Commission on May 18th to allow for updated noticing.
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Commissioner Paxton made a motion to approve the consent agenda. m
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Commissioner Eble seconded the motion. E
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The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Lopez, Eble, Paxton
and Earp. Nays: None. Abstain: None. Excused: None. Absent: Barnhardt and Dailey. o
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PUBLIC COMMENTS -ITEMS NOT ON AGENDA —°
No comments.
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PUBLIC HEARINGS
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7. DEVELOPMENT CODE AMENDMENT 16-02 AND CONDITIONAL USE 0
PERMIT 16-03 — A request to amend §19.22.080 (Off-Site Signs) and allow the o
installation and operation of a freestanding freeway-oriented electronic message a
center sign, on a parcel containing approximately 3.40 acres. Q
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Address: 1630 S. `B" Street co
Zone: Commercial General (CG-1) U)
Environmental Determination: Exempt from CEQA — pursuant to §15332 (In-Fill
Development Project) of the California Environmental =
Quality Act.
Owner: E Street Holdings,LLC a
Applicant: Lamar Central Outdoor, LLC �o
APN: 0141-253-02 Z
Ward: 3 w
Recommended Motion: Staff recommended that the Planning Commission adopt v
Resolution No. 2016-015 forwarding a recommendation to the Mayor and Common
Council the adoption of the Categorical Exemption and approval of Development Q
Code Amendment 16-02 and Conditional Use Permit 16-03, based on the Findings
of Fact and subject to the recommended Conditions of Approval.
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Page 4 of 9 04/20/2016
AOWftl
Oliver Mujica, Planning Division Manager, gave a brief presentation of the project. o
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Brian Smith, Lamar Advertising, 24541 Redlands Boulevard., made a short statement v
regarding the project. o
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The commissioners had questions regarding the project. L
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Commissioner Durr made a motion to adopt Resolution No. 2016-015 forwarding a in
recommendation to the Mayor and Common Council the adoption of the Categorical -
Exemption and approval of Development Code Amendment 16-02 and Conditional Use
Permit 16-03, based on the Findings of Fact and subject to the recommended Conditions of v
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Approval. _
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Commissioner Eble seconded the motion.
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The motion carried by the following vote: Ayes: Durr, Machen, Lopez, Eble, Paxton and Earp.
Nays: Heasley. Abstain: None. Excused: None. Absent: Barnhardt and Dailey. E
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8. GENERAL PLAN AMENDMENT 16-03, DEVELOPMENT CODE_ o
AMENDMENT/ZONING MAP AMENDMENT 15-01, SUBDIVISION 15-02
AND CONDITIONAL USE PERMIT 15-09 - A request to allow the change of the o
General Plan Land Use Designation and the Zoning District of a site containing
approximately 11.02 acres from Residential Urban (RU) to Residential Medium 2
(RM); the subdivision consolidating the existing parcels into four (4) separate a°
parcels; and, the development, establishment and operation of Mary's Village as a m
men's residential complex providing comprehensive on-site transitional housing, and -
medical, behavioral health, training and support services.
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Address: North side of Walnut Street between Pico Avenue a
and San Marcos Street Q
Zone: Residential Urban (RU) o
Environmental Determination: Mitigated Negative Declaration - pursuant to §15074
of the California Environmental Quality Act.
Applicant: Mary's Mercy Center
APN: 0274-022-01 g
Ward: 3 a
Recommended Motion: Staff recommended that the Planning Commission adopt F
Resolution No. 2016-014 forwarding a recommendation to the Mayor and Common W
Council the adoption of the Mitigated Negative Declaration and approval of General =
Plan Amendment 16-03, Development Code Amendment(Zoning Map Amendment) a
15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use Permit
15-09, based on the Findings of Fact and subject to the recommended Conditions of a
Approval.
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Page 5 of 9 04/20/2016
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Oliver Mujica,Planning Division Manager, gave a brief presentation of the project. o
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Terry Kent, Mary's Mercy Center, made a short statement regarding the project. v
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Mike Hein, Mary's Mercy Center, made a short statement regarding the project.
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The commissioners had questions regarding the project. m
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There was an added condition for the project: o
• Phase 1 shall have a maximum of 85 residents, and the overall project shall have a v
maximum of 115 residents.
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Commissioner Paxton made a motion to adopt Resolution No. 2016-014 forwarding a
recommendation to the Mayor and Common Council the adoption of the Mitigated Negative m
Declaration and approval of General Plan Amendment 16-03, Development Code Amendment =
(Zoning Map Amendment) 15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and E
Conditional Use Permit 15-09, based on the Findings of Fact and subject to the recommended
Conditions of Approval. Q
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Commissioner Machen seconded the motion.
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The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Paxton and Earp. W
Nays: Eble and Durr. Abstain: None. Excused: None.Absent: Barnhardt and Dailey.
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9. DEVELOPMENT PERMIT TYPE-P 15-03 —A request to allow the establishment -
and operation of a storage yard for trucks, trailers and fully enclosed "40-yard"
containers. °
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Address: 957 W. Reece Street Q
Zone: Commercial Heavy(CH) a
Environmental Determination: Exempt from CEQA — pursuant to §15301 (Existing
Facilities)of the California Environmental Quality Act. cn
Applicant: Brickley Environmental
APN: 0144-232-31; and, 0144-222-47 and 52
1 Ward: 1 v
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Recommended Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2016-021 adopting the Categorical Exemption for Development w
Permit Type-P 15-03 and approving Development Permit Type-P, based on the z
Findings of Fact and subject to the recommended Conditions of Approval. v
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Chantal Power,Assistant Planner, gave a brief presentation of the project. Q
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Page 6 of 9 04/20/2016
Packet Pg. 576
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Edward Bonadiman, Joseph E. Bonadiman &Associates, made a short statement regarding o
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the project and made several inquiries as to the conditions on the project.
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Condition 15.13 will required as part of the project: E
B) Due to the various types of materials that will be stored on-site a pretreatment c
device shall capture all mitigated storm water run —off for the two year storm m
before it reaches the detention basin, if deemed necessary. The detention basin
shall be designed in accordance with "Detention Basin Design Criteria for San ci
Bernardino County." Retention basins are not acceptable.* o
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Commissioner Eble made a motion to adopt Resolution No. 2016-021 adopting the Categorical
Exemption for Development Permit Type-P 15-03 and approving Development Permit Type-P,
based on the Findings of Fact and subject to the recommended Conditions of Approval.
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Commissioner Paxton seconded the motion. in
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The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Lopez, Eble, Paxton
and Earp.Nays: None. Abstain: None. Excused: None. Absent: Barnhardt and Dailey.
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10. GENERAL PLAN AMENDMENT 16-02 AND DEVELOPMENT CODE
AMENDMENT/ZONING MAP AMENDMENT 14-17 - A request to allow the Ia
change of the General Plan Land Use Designation and the Zoning District from 0
Residential Suburban (RS) to Residential Medium High-20 (RMH-20) for three (3) _
parcels containing a total of approximately 3.57 acres in order to construct fifty-one o
(5 1) attached residential units within the sphere of influence of the unincorporated 0
area of the City of San Bernardino. o
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Address: 4630 N. "F" Street a
Zone: Residential Suburban (RS) c
Environmental Determination: Exempt from CEQA - pursuant to §15332 (In-Fill CO
Development Project) of the California
Environmental Quality Act.
Applicant: Joseph E. Bonadiman&Associates, Inc. E
APN: 0265-191-17, 18 and 34 U
Ward: 4 a
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Recommended Motion: Staff recommended that the Planning Commission adopt w
Resolution No. 2016-022 forwarding a recommendation to the Mayor and Common =
Council the adoption of the Categorical Exemption and approval of General Plan U
Amendment 16-02 and Development Code Amendment/Zoning Map Amendment
14-17, based on the Findings of Fact and subject to the recommended Conditions of a
Approval.
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Page 7 of 9 04/20/2016
Plit 'gT y7"i
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Oliver Mujica,Planning Division Manager, gave a brief presentation of the project. o
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The commissioners had questions regarding the project. v
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Renee Mason, 665 W 48"' Street, spoke in opposition. E
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Marcello DeBarros, 4694 North F Street, spoke in opposition. m
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Rodney Lambert, 4532 North F Street, spoke in opposition. o
Pat Perez, 4798 N F Street, spoke in opposition. v
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Chris Petersen, 747 W 48t"Street, spoke in opposition.
Brandy Barbee, 4720 N F Street, spoke in opposition. m
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Edward Bonadiman, Joseph E. Bonadiman &Associates, took the opportunity to respond to E
the concerns of the public.
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The commissioners had additional questions for staff. o
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Commissioner Durr made a motion to direct staff to prepare and return with of Resolution No. o
2016-022 forwaring a Resolution for the Mayor and Common Council recommending denial of W
General Plan Amendment 16-02, Development Code Amendment / Zoning Map Amendment -a
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14-17. 0
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Commissioner Eble seconded the motion. o
The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Lopez, Eble, and Earp.
Nays: None. Abstain: Paxton Excused: None.Absent: Barnhardt and Dailey. Q
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NON-PUBLIC HEARING ITEMS °Mr°
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None
PLANNING COMMISSION REPORTS/ANNOUNCEMENTS a
None tO
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IDIRECTOR'S REPORT
1. Status Report on Development Code Update Project a
2. Major Projects List
3. Third Thursday Food Fest r
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Page 8 of 9 04/20/2016
uog, cin "�''i1�k�:
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4. Art Night `o
5. Introduction of Elizabeth Mora-Rodriguez as the New Assistant Planner
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ADJOURNMENT
Commissioner Paxton made a motion which was unanimously carried, to adjourn the Planning
Commission meeting at 8:20 p.m. The next regular meeting was scheduled for Wednesday, a)
May 18, 2016 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San m
Bernardino, California. u�
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Minutes Adopted by Planning Commissioners: U
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Date Approved:
Minutes Prepared by:
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Stephanie Sanchez Q
Executive Assistant o
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Page 9 of 9 04/20/2016
�C ltet�P�g�S`79"
QNOTICE OF PUBLIC HEARING
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Notice is hereby given that the Mayor and Common council of the City of San Bernardino will hold a public hearing on o
Tuesday, July 5, 2016, at 4:00 p.m. or thereafter in the Council Chambers, City Hall, 300 North "D" Street, San 5
Bernardino,California 92418,on the following item:
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DEVELOPMENT CODE AMENDMENT 16-02 AND CONDITIONAL USE PERMIT 16-03-A request to amend pp
§19.22.080 (Off-Site Signs) and allow the installation and operation of a freestanding freeway-oriented electronic
message center sign,on a parcel containing approximately 3.40 acres. The project site is located at 1630 S."E"Street, N
within the Commercial General(CG-1)zone. o
Environmental Determination: Exempt from CEQA—pursuant to §15332 (In-Fill Development Project) of the U
California Environmental Quality Act.
Owner: E Street Holdings,LLC e
Applicant: Lamar Central Outdoor,LLC uoi
APN: 0141-253-02 emu'
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The City of San Bernardino welcomes your participation in evaluating this item.The Mayor and Common Council will =
review the proposal and will consider the proposed environmental determination in making a decision.The public is
welcome to speak at the public hearing or to submit written comments prior to the hearing.For more information,please el)
contact the Community Development Department at City Hall,or by phone at(909)384-5057. `0
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If you challenge the resultant action of the Mayor and Common Council in court,you may be limited to raising only those o
issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to
the City Planning Division at,or prior to,the public hearing. O
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Submitted: June 21,2016 0
Publish: June 24,2016(Legal Ad)
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Please send first proof for verification or changes by e-mail to Stephanie Sanchez: Sanchez stephanief_,i sbcitv.ora. O
Please reference"MCC Display Ad"on the billing and send to the City of San Bernardino,Planning Division,300 North o
"D"Street, San Bernardino,CA 92418 a
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