FROM:
Planning Department
TITLE:
Title
Master Case No. 24-006; Conditional Use Permit (CUP) No. 24-003 and Design Review Sign (DRS) No. 24-004 - A request to construct and operate a new, double sided electronic billboard totaling approximately 25’-4” in height, on an approximately 2.27 adjusted gross acre City-owned site, on the northeast corner of Cherry Avenue and South Highland Avenue (APN: 0228-021-46) pursuant to an Addendum to the Fire Station 80 Mitigated Negative Declaration (MND) (State Clearinghouse [SCH] No. 2024010403).
End
RECOMMENDATION:
Based on the information in this staff report and subject to the attached exhibits; staff recommends that the Planning Commission adopt Resolution PC No. 2024____, and
1. Adopt the Addendum and Mitigation, Monitoring, and Reporting Program (MMRP) to the Fire Station 80 Mitigated Negative Declaration (SCH No. 2024010403) and direct staff to file a Notice of Determination; and
2. Approve Conditional Use Permit (CUP) No. 24-003; and
3. Approved Design Review Sign (DRS) No. 24-004
APPLICANT:
Lamar Advertising
449 East Parkcenter Circle
San Bernardino, CA 92408
LOCATION:
The project site is located on the northeast corner of Cherry Avenue and South Highland Avenue (APN:0228-021-46), on approximately 2.3 adjusted gross acres.
REQUEST:
Conditional Use Permit No. 24-003 - A request to operate a new, double-sided electronic billboard.
Design Review Sign No. 24-004 - A request for site and architectural review of a new double-sided electronic billboard approximately 25’-4” in height.
PROJECT PLANNER:
Cecily Session-Goins, Associate Planner
BACKGROUND INFORMATION:
Previous Approval:
• On April 10, 2012, the City Council adopted Ordinance No. 1657 amending the Fontana Municipal Code section pertaining to billboards and billboard relocation agreements.
• On March 26, 2013, the City Council approved a Billboard Relocation Agreement with Lamar Advertising. The terms of the agreement were for the removal of 12 static (print) billboards and the installation of four (4) new electronic billboards.
• On September 24, 2013, the City Council approved an Amended and Restated Billboard Relocation Agreement with Lamar Central Outdoor, LLC to amend milestone deadlines and sign locations.
• On October 7, 2014, the Planning Commission approved Conditional Use Permit Nos. 14-010 and 14-011 for the development of one-sided billboards at 10312 Almond Avenue and 16368 Boyle Avenue. Both signs are adjacent to the I-10 freeway.
• On August 11, 2020, the City Council approved an Amendment to the First Amendment and Restated Billboard Relocation Agreement with Lamar Central Outdoor, LLC to amend the effective date and term of the agreement as well as to allow for the removal and replacement of additional billboards.
• On August 11, 2020, the City Council approved Resolution No. 2020-122 for three (3) property leases for new billboards.
• On October 18, 2022, the Planning Commission approved a Conditional Use Permit and Design Review Sign for each of three (3) sites for new double-sided electronic billboards.
• On February 6, 2024, the Planning Commission approved an Administrative Site Plan for the construction of a new fire station and training center on the project site.
PROJECT DESCRIPTION:
A. Land Use Designations:
B. Site Area: Approximately 2.3 adjusted gross acres
C. Sign Specifications:
Height:
Sign Base Height: 15’-4”
Screen Height: 10’-0”
Total Height: 25’-4”
ANALYSIS:
The applicant, Lamar Advertising, is requesting the approval to construct and operate a two-sided electronic billboard on a City-owned parcel at the northeast corner of Cherry Avenue and South Highland Avenue.
The Billboard Relocation Agreement between the City of Fontana and Lamar Advertising requires the approval of a Conditional Use Permit and Design Review Sign for the development of each relocated billboard. The Conditional Use Permit is intended to regulate operation of the sign and the Design Review Sign is intended to regulate the site and architectural elements of the project.
Conditional Use Permit No. 24-003:
The applicant is requesting to operate a two-sided electronic billboard on the project site. The billboard will be used to advertise products and businesses as well as City of Fontana events and announcements.
The Relocation Agreement between the City of Fontana and Lamar Central Outdoor approved sign locations (including the subject site) and stipulated several conditions of billboard relocation that will be included in the conditions of approval for this project. The conditions include requirements for timing of message changes, prohibition of animation or motion, the provision of automatic dimmers for the sign, etc. Lamar Central Outdoor also voluntarily agreed to limits and restrictions of advertising content to preserve the character of the community and to prevent exposure of its residents to advertising that may be perceived as offensive. This includes advertising for adult entertainment, adult oriented businesses, false or misleading information, violence, illegal behavior, vulgarities, profanities, etc. Additionally, Lamar Central Outdoor has agreed to not display advertising that the City Engineer determines is likely to interfere with, mislead or distract traffic or conflict with any traffic control system or traffic circulation.
Design Review Sign No. 24-004 (Site and Architectural Review):
The proposed project includes the site and architectural review for the construction of the 25’-4” high two-sided electronic billboard sign. The electronic billboard will have a sign area of 210 square feet per side and will have a vertical clearance of approximately 15 feet about the finished grade (ground). This will allow typical pedestrian and vehicular circulation on the adjacent public right-of-way and parking area.
The billboard design is intended to complement the architectural design of the approved fire station and training center. It incorporates the same grey tones and stone veneer that are featured on the fire station and training center. Additionally, a decorative accent with the City of Fontana logo is incorporated on the post of the sign. The project, in its appearance, is aesthetically pleasing.
Environmental:
On February 6, 2024, the Planning Commission considered and adopted a mitigated negative declaration (“MND”) for the Fire Station 80 and Training Center (“Fire Station Project”), a project including a 14,663 square foot fire station, a 4,193 square foot training center and a 7,000 square foot training tower within the Westgate Specific Plan at Cherry Avenue and South Highland Avenue and approved the Administrative Site Plan for the construction of the Fire Station Project. The proposed billboard would function as an small accessory structure on the Fire Station Project site and would be located in an area that be developed with ornamental landscaping along the front yard area.
Staff evaluated the previously adopted Fire Station Project MND and determined that there are no substantial changes to the Fire Station Project and/or circumstances that would result in new significant environmental impacts or a substantial increase in severity of significant impacts already identified in the previous Mitigated Negative Declaration.
Based on the substantial evidence set forth in the record, including but not limited to, the Fire Station Project MND, and all related information presented to the Planning Commission, staff has determined that, pursuant to Public Resource Code section 15162, the preparation of a subsequent or supplemental MND or EIR is not required for the proposed Project because the Project:
A. Will not result in substantial changes that would require major revisions of the Fire Station Project MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
B. Will not result in substantial changes with respect to the circumstances under which the Proposed Project are developed that would require major revisions of the Fire Station Project MND due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and
C. Does not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Fire Station Project MND documents were certified showing any of the following:
(i) The Proposed Project would have one or more significant effects not discussed in the MND;
(ii) That significant effects previously examined would be substantially more severe than shown in the MND;
(iii) That mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the lead agency declined to adopt such measures; and
(iv) That mitigation measures or alternatives considerably different from those analyzed would substantially reduce one or more significant effects on the environment, but which the lead agency declined to adopt.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
1. Vicinity Map
2. Project Plans
3. Planning Commission Resolution and Conditions of Approval
4. Notice of Determination
5. Public Hearing Notice