HomeMy WebLinkAbout18-16 - Resolution - Recommending Approval for Municipal Code Amendment - Posting and Display of Signs RESOLUTION NO. 18-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL
OF MUNICIPAL CODE AMENDMENT DRC2018-00177 — AMENDING
TITLE 17 (DEVELOPMENT CODE) OF THE MUNICIPAL CODE TO
AMEND REGULATIONS REGARDING THE POSTING AND DISPLAY OF
SIGNS IN THE PUBLIC RIGHT-OF-WAY, AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2018-
00177 as described in the title of this Resolution. Hereinafter in this Resolution, the subject
Municipal Code Amendment is referred to as "the application."
2. On the 14th day of March 2018, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and continued said
hearing to the meeting of March 28, 2018. A legal Notice of Continuance was posted.
3. On March 28, 2018, the Planning Commission of Rancho Cucamonga continued said
hearing to the meeting of April 11, 2018. A legal Notice of Continuance was posted.
4. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing on March 14, 2018, March 28, 2018 and April 11, 2018, including written
and oral staff reports, together with public testimony, this Commission hereby specifically finds as
follows:
a. The City recognizes recent case law decisions which identify regulations based
on the content of a sign when placed on public property as unconstitutional. Based on these
decisions, the City can no longer prohibit the placement of some signs while allowing other entities
to post signs in public places.
b. The only permitted distinction is between non-commercial signs and those with
a commercial purpose. This is a recognition that non-commercial speech, such as religious or
political speech, is the most valued and protected form of expression under the First Amendment.
This distinction allows regulations to be more restrictive on commercial signs than on non-
commercial signs.
c. The City desires to amend Title 17 of the Municipal Code in order to regulate the
posting and display of signs in the public right-of-way throughout the City.
PLANNING COMMISSION RESOLUTION NO. 18-16
MCA DRC2018-00177 - CITY OF RANCHO CUCAMONGA
APRIL 11, 2018
Page 2
d. The proposed regulations are neutral on the content of any sign, regulating only
the time, manner and placement of signs in the interest of public safety, community aesthetics
and equal access to public places.
e. Per Section 17.22.040 of the Development Code, amendments to the code may
be approved only when the City Council finds the Development Code amendment is consistent
with the General Plan Goals, policies, and implementation programs. General Plan Goal CM-4
calls for the maximum operational efficiency of the street system. By regulating the time, manner
and placement of temporary signs in the right-of-way, the safety for drivers, pedestrians and
bicyclists is improved in accordance with General Plan Community Mobility Policy CM-4.2.
f. Additionally, General Plan Goal LU-11 is to ensure Community aesthetics are
maintained through appropriate regulation. This proposal reduces possible traffic hazards and
promotes a high-quality visual environment throughout the City by providing the authority to
remove temporary signs in the right-of-way, meeting the objectives of General Plan Land Use
Policy 11.1.
g. The intent of this resolution is to continue the long-standing practice of regulating
signage to advance the City's interest in traffic safety and community aesthetics.
h. The resolution is intended to provide reasonable sign regulations that advance
these interests without making reference to, or imposing any regulation based on, the content of
temporary signs posted in the right-of-way or the messages that they convey.
3. The proposed amendment will not have a significant impact on the environment. The
proposed amendment is Categorically Exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15305 - Minor
Alterations in Land Use, and Section 15061(b)(3) which is the general rule that CEQA applies
only to projects that have the potential for causing a significant effect on the environment, and
CEQA does not apply where it can be seen with certainty that there is no possibility that the activity
may have a significant effect on the environment. The proposed ordinance does not permit nor
allow the construction of any new facilities. It permits the temporary installation of signs within
the public right of way with appropriate restrictions on time, manner and place. The signs are
regulated to be of size and scale to prevent impacts to traffic, bicycle and pedestrian safety while
maintaining a high quality visual environment. Therefore, this project will not have a significant
effect on the environment.
4. Based upon the conclusions set forth in paragraphs 1, 2 and 3 above, this Commission
hereby recommends that the City Council approve Municipal Code Amendment DRC2018-00177
as indicated in Attachment A incorporated herein by this reference.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 11TH DAY OF APRIL 2018.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION RESOLUTION NO. 18-16
MCA DRC2018-00177 - CITY OF RANCHO CUCAMONGA
APRIL11, 2018
Page 3
BY:
Francisco Oaxaca, Chairman
ATTEST:
Cand Burnett, Secretary
I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do
hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of
the Planning Commission held on the 11th day of April 2018, by the following vote-to-wit:
AYES: COMMISSIONERS: GUGLIELMO, MACIAS, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
CHAPTER 17.72. - SIGN REGULATIONS FOR PUBLIC PROPERTY
Section 17.72.010. - Purpose and proprietary capacity.
This chapter regulates signage in the public right-of-way and on other city-owned property.
In adopting this section, the city council acts in its proprietary capacity as to city property, as
defined in this title, within the city. This section is adopted pursuant to the city's general powers,
property rights, Government Code §§ 65850(b), 38774, and 38775; Business and Professions
Code § 5200 et seq.; Civil Code § 713; and Penal Code § 556, seq.
Section 17.72.030. - General prohibition.
Unless specifically authorized by this chapter, no signal be displayen dcity property by private
parties. 'y"di
Section 17.72.040. - Signs allowed on city prope '
The following signs may be erred and displayed , 'property:
A. Signs erected by the Cityanother4 overnmenta unit.
B. Signs allowable under section 17 1 (Personally Attended Signs), 17.72.060
(Street Banner .Program), 17` ' ,070 Directional Wayfinding Signs),
17.72.080 ns(Po��S` in the Pua,:c Ri ( y) and 7.72.090 (Commercial signs
�ie'Posted in PStree s of this chimer. r`ZOSr
Section 17,4,7k,0W,7 Person igns
In area Aualifying aspublic forums, private (sons may display noncommercial message
signs t n, provided touch s conform to all of the following:
A. Thesigns must be ponally' d by a person or personally attended by one or more
pers , "Personally'-ended"'means that a person is physically present within five
feet of t sign at all tire.
B. The signs roa.tipe displayed only during the time period of sunrise to sunset, except on
occasions whenwhoatilyicto council and/or the planning commission are holding public
hearings or mee on such occasions, the display period is extended to 30 minutes
after such meeting`s officially adjourned.
C. The maximum aggregate size of all signs held or personally attended by a single
person is 12 square feet. For purposes of this rule, apparel and other aspects of
personal appearance do not count toward the maximum aggregate sign area.
D. The maximum size of any one sign which is held or personally attended by two or more
persons is 50 square feet, measured on one display face only.
E. The sign must have no more than two display faces and may not be inflatable, air-
activated or have mechanical movement.
Sign Regulations for Public Property—Proposed Revision March 2018
Attachment A
F. In order to serve the city's interests in traffic flow and safety, persons displaying signs
under this section may not stand in any vehicular traffic lane or in a traffic median when
a roadway is open for use by vehicles, and persons displaying signs on public
sidewalks must give at least five feet width clearance for pedestrians to pass by.
Persons holding signs may not obstruct the extended line of the "clear visibility
triangle", as defined in chapter 17.126 (Universal Definitions) and depicted in Figure
17.72.080.D.
Section 17.72.060. - Street banner program.
The purpose of this program is to establish guidelines and criteria for the selection of city
events for marketing through street banners and procer for the display of street banners.
In furtherance of this program, the city cou it established program policies and
administrative criteria for the operation of the •, � r�:m, selection designated street banner
locations, and applicant procedure and approval� ocess, including t; and conditions.
Section 17.72.070. - Community directional wayfin q sigh '
The intent of this program lagilk4rovide assistance to motorists and pedestrians in
navigating the city and providing acmes°' tourist-orient:destinations, regional attractions,
parks, historic and cultural sites, and otter punues witi {city limits.
In furtherance of gram, the :pity cochall establish program policies and
administrative criteria for he operation at we � a## selection of destinations to identify
through the prograrVithd sign location and d iteria
•
Section 17,7 s;.m Posted Ji° * 01. c,streets.
tvg
Ina,public public street : tncluding public see frontage, private persons may display
noncommercial and comae rcial message signs thereon, provided that such signs conform to all
of the foll o' g:
A. Signs wall be freestanding and affixed to any existing structure, including but not
limitedoles, posts, emitted signs, or utility boxes.
B. Signs shallobstruct any existing, permitted, permanent sign.
C. Signs shall note 3` nine (9) square feet in total area. The sign's height shall not
exceed 36 inches 'ove the ground.
D. Signs shall not create a traffic or pedestrian hazard. In addition, any sign placed in a
traffic median, roadway intersection, driveway, or in the extended line of the "clear
visibility triangle", as defined in Chapter 17.126 and depicted in Figure 17.72.080.D.,
shall be considered hazardous and are prohibited.
Sign Regulations for Public Property—Proposed Revision March 2018
FIGURE 17.72.080.D. EXTENDED AREA OF CLEAR VISIBILITY TRIANGLE
Road Right—of—Way
Line or Edge of Driveway.
i No signs allowed
040 in hatched areaAr
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.e11Le_e_4A 4
Road Right—of—Way Line. 20
E. Signs are prohibited on right-of-way immediately adjacent ty property, including but
rs,not limited to parks, community cente city facilities or unimp redparcels.
F. No more than one sign containing two display faces is permit on each side of a
public street on each city block. For puffs of erection, a cI Wock shall be the
street frontage located begin roadway intsec ons, dead ends, ` 1-de-sacs, or a
turn in the roadway alignmen,.of 4 degrees o pre.
G. Signs which have become worn, fay k'Aweathered, torn or dilapidated in any way shall
be repaired or removed immediatelyb".t ,nrner orraaponsible party.
H. Signs posted r h#same locationntinuo rlonger than 24 hours shall be limited
to two period;of dis l y per calendar ,' a providedthat they may be posted for a
maximum of:60 days at, any one*:*--and at least 60 days shall separate the
conclusion of the 60 d r term and4ae beginning of the second 60-day term. Each
sign spell be marked,wiith d e the s ez was posted.
I. paten a daily basis shi b dispred for no more than 12 hours in each 24
'femur period. h signs shall be " ed for no more than 90 days per calendar
year, whether consecutive tntermittenf days.
J. Sim advertising oe omoting particular event, including commercial and non-profit
even*And elections,s hall be Promptly removed no later than forty-eight (48) hours
after theent's conclusion or, in the event it is cancelled, its cancellation. Signs that
have not en removed within the required period shall be subject to immediate
abatement by City
Section 17.72.090 Commercial signs posted in the public right-of-way.
A. Commercial signs shall conform to all provisions on Section 17.72.080 for size,
manner and placement.
B. A commercial entity with a permanent location and permitted, permanent sign shall not
post any temporary commercial signs in the right-of-way within 200 feet of the
perimeter of the parcel or structure, including a master-planned, contiguous shopping
center, whichever is furthest, where the business is located.
Sign Regulations for Public Property—Proposed Revision March 2018
C. No more than twelve (12) signs, each containing no more than two display faces, shall
be posted at any one time for each business. In the case of multiple business entities
occupying the same premises, each separate business entity shall be permitted up to
twelve (12) such signs. In the case of a single business entity occupying multiple
locations, the business entity shall be permitted up to twelve (12) signs for each
business location.
D. Commercial signs that either falsely advertise a commercial event that is not occurring
or advertise any illegal activity are prohibited.
Section 17.72.100 Removal of signs from the public right-of-way rand city property.
y�.
A. Any sign found in violation of this chapter may to smarily removed by the City as a
trespass and a public nuisance. If the sign i contact information for the sign's
owner, then the city will make reasonable a `',` to co' ' t the owner with information
on how and where to retrieve collected - s Signs shall held by the City for
collection by the owner for a period o 30 days. An ns not collected bythe
( ) Y �
owner after thirty (30) days shall bed�osed of by the City.
B. The City shall not be responsible nor make restituti n or any sign ed in violation of
this chapter, whether or not the sign is removed by ty staff. 'V,,
C. The person or organization p•F"i . le for placing'4a sign in the right-of-way or city
property shall ass �ume all liab" fore' des to thin or caused by the installation
or display of the sign.
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Sign Regulations for Public Property—Proposed Revision March 2018