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HomeMy WebLinkAbout97-041 - ResolutionsRESOLUTION NO. 97-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING A PROPOSED SIGN PERMIT FOR UNIFORM SIGN PROGRAM NO. 119, REGARDING SIGNS FOR OIL MAX, AN APPROVED PROJECT WITHIN THE FOOTHILL MARKETPLACE SHOPPING CENTER, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD, EAST OF INTERSTATE 15, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-031-37. A. RECITALS. 1. Oil Max 10 Minute Oil Change has filed an application for the approval of a Sign Permit within the Foothill Marketplace Shopping Center (Uniform Sign Program No. 119) as described in the title of this Resolution. Hereinafter in this Resolution, the subject Sign Permit request is referred to as the "application." 2. On January 7, 1997, City staff informed the applicant that the application would be denied by staff as presented, based on its inconsistencies with the approved Uniform Sign Program for the Foothill Marketplace Shopping Center and policies within the City Sign Ordinance. The application was officially denied by staff on January 13, 1997. 3. The decision represented by staff was timely appealed to the Planning Commission on January 15, 1997. 4. On February 26, 1997, the Planning Commission of the City of Rancho Cucamonga considered the item and upheld the decision of the City Planner and denying the application by minute action. 5. The decision represented by said Planning Commission Resolution was timely appealed to this Council on March 3, 1997. 6. On April 2, 1997, the City Council of the City of Rancho Cucamonga considered the application. 7. 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 City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. Resolution No. 97-041 Page 2 2. Based upon substantial evidence presented to this Council during the above-referenced Apdl 2, 1997 meeting, including written staff reports and the minutes of the above-referenced Planning Commission meeting, this Council hereby specifically finds as follows: (a) The application applies to property located south of Foothill Boulevard, east of Interstate 15, on property zoned Regional Related Commercial, and is currently under construction for an automotive service facility. (b) The property to the north of the subject site is a quick service restaurant with a drive-thru facility, the property to the south of that site consists of a parking lot for a major anchor tenant within the shopping center, the properties to the east and west are vacant. (c) The application contemplates the installation of three wall signs on the building currently under construction, two of which include the "10 Minute Oil Change" message following the "Oil Max" name. (d) All of the proposed signs under the application indicate the word "Oil" in yellow letters. (e) The applicable Uniform Sign Program for the application does not currently allow yellow letters for pad tenants within the shopping center; only red and white are permitted and other colors are restricted to a companies' corporate logo area. (f) It was resolved that the City Council found the yellow color to be acceptable because of its permitted use throughout the Foothill Marketplace Shopping Center in other situations for major tenents, in-line shops and in corporate logos. (g) The Sign Ordinance states, "Sign copy shall include minimal information only. The use of subordinate information such as telephone numbers, lists of products, pictures of products, etc., is discouraged. The name of the use or business shall be the dominant message on the sign." (h) Secondary signage, such as "Garden Center," has been allowed in the City for major tenants with a separate secondary entrance to the separate line of products or services involved. The application, with its "10 Minute Oil Change" request, does not exhibit the characteristics of businesses where secondary signage has been allowed in other situations. (i) The application as proposed includes two signs that exceed the maximum area requirement allowed under the applicable Uniform Sign Program for the project. Resolution No. 97-041 Page 3 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: (a) The design of the sign is not consistent with the intent and purpose of the Sign Ordinance; (b) The proposed application is not in compliance with each of the applicable provisions of the Sign Ordinance or the applicable Uniform Sign Program for the Foothill Marketplace Shopping Center. 4. The City Council of the City of Rancho Cucamonga hereby denies the application. 5. This Council hereby provides notice to Oil Max 10 Minute Oil Change that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Oil Max 10 Minute Oil Change at the address identified in City records. PASSED, APPROVED, AND ADOPTED this 2nd day of April, 1997. AYES: Alexander, Gutierrez, Williams NOES: None ABSENT: Biane ABSTAINED: Curatalo Mayor ATTEST: ei~ams~. ~MC~Cler~k Resolution No. 97-041 Page 4 I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 2nd day of April, 1997. Executed this 3rd day of April, 1997, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk