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HomeMy WebLinkAbout1988/08/31 - Agenda Packetry t� eft CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 15, 1988 T0: rbvnr ano Hembers of the City Council FAOM: Brad Buller, City Planner BY: DO COMM, Senior Planner C�"r 73( SUBJECT- cl1yI- 1000(TAL ASSESg1ENi AND SIGN CPZINAwCE MENDRO(T 88- m---- tnny7y -mm�ar ous aav:n n o e reyar ng neon signs and xtndmx signs. I. PFCOWENDATI3N: The Planning Commission Vcomends approval. II. BACKGRDUM: li,'s amendment will i concern ng neon and window signs Co., the City Council at their March rcoomondaticns from tb^ Chamber amendment was scheduled for ruvlew April 13, 1988, but vas continued at Commerce. In t,efr ;- ntinLance reque proposed changes seined substantlall., Task Force Ceamaittee recommendatinna_ fy the City's regulations tent with the direction of meeting in response to Comorco. The proposed the Planning Commission on e request of the Chamber of the Chalbcr noted that the fferent frm the Chamber's The Planning Commission conducted a public hearing to consider this witk minor modifications. taihe 1Comission's deliberations p10 -urld upon three Issues: I. Signs within the public right -of -wy - Councielmphad directed banners signs andapennantsowlthfn tthhe public rightrof wayafor recommended coodel Lion of these provf;ionse based upon nnoopinion of the City Attorney, to preserve the City's ability to prohibit political signs• on public property. 2. Interior Neon Signs - The Planning Commiss:on recommended that neon signs located on the interior of a window need not be fully enclosed to a metal frame and covered with plexigl,>ss. 3. window Sign Area - The Planning Commission recomended that a amximmm limit of 150 square feet in aree be established for window signs, in addition to the limitation ct 30% of the wtndow area. r � •„;� r- Y z� iS y.,`y?'�. •'.1•�. ..� 1��4 '��sh9�j�'.�- °,y'�e'fiX,'.or'. .� - f t ,i. ".i �� ti��i �"i %..? CITY COUNCIL STAFF REPORT-, RE: SIGN OROMANCE ",WEH711 08-01 Y•? June 15. 1988 Page T The Comalssion's modifications are reflected in the ettached Ordinance for your consideration. Also attached are the minutes of the Consission hearing. Attachments: May 11, 1989 Planning Commission Staff Report May 11, 1988 Planning Comaission hinates Resolution Recommending Approval Ordinance 1 r rv-r: 'r. d Crrf OP RANCHO CUCAMONGA STAFF REPORT DATE: may 11, 1986 MMM� TO: Chairman and Meabers of the Planning Coa`is. ion FROM: Bred Buller, City Planner BT: Dan Coleman, Senior Planner SUBJECT: ENVIRONNEVAL ASSESSMENT AND SIGN ORDINANCE mENCMENT 88- 93�n s .,.,nonce regarding, neon signs, window signs, and tempo:arf signs 'or City s,,)cnsored special events. I. BACKGROUND: This Item was continued at the request of the Chamber aft rcee to allow them time to revir4 and address the proposed changnare subshantiallyadifferenttt those that the Chamber. The proposed changes were reviewed by the City council at their meeting of March 16, 1988, The City Council directed staff to prepare the attached Ordinance accordingly. Staff has not received any comments to date from the Chamber. II. RECOMENDATION: Staff recommends that tho Planning Commission con uc a pu c hearing, review and consider any cements from the Chamber of Commerce and other public testiamny. If, after such amendments are acceptable the Commission adoption of the attached Resolution recommending approval to the City Council would be in order. fully subm , ed,,'/ Brad Buller City Planner BB:DC:ko Attachments: April 13, 1988 Staff Report Resolution Ordinance ITEM 8 ry r t r I I. ASSTRACT: This report presents certain changes to the Sign rlrnance as directed by the City Council in response to recommendations from the Chamber of Coacerce. II. WXGROUND: The Sign Ordinance pprohibits signs with exposed rub ng� : such as neon signs. In response to the growing proliferation of these signs, the Planning Division conducted a survey in Jut a of 1987 and datermined Mat fifty (50; businesses had illegal neon signs. Most of these signs were small signs advertising 'Open% 'Coors ", 'Pizza", etc., that hung in the storefront window. Letters were sent out informing these bust^ *sses of the violation and the need :o comply with the sign regulations. Several businesses contacted the Chamber of Commerce. The Chamber of Comcerce created a task force to review the City's Sign Ordinance and to make recoomendations for Possible changes in the Ordinance. The City Planner and ,toff participated in several mmeetin3s with the task force between July, 1987 and October, 1987. The Planning Comission on January 27, 1988. preThetedChamober's recommendations, together with the comments of the Planning Commission, were presented to the City Council for direction on February 47, 1988. The City Council directed staff to prepare alternatives to the Chamber recommendations and highli ht sections of the Sign Ordinance that may warant charges. Staff presented concepts to allow neon signs and modify the window sign regulations for the City Councils consideration on March 16, 1980. The City Council concurred with staff's recommendations and directed staff to prepare this ammend=ent accordingly. ITEM S i CITY OF RANCHO CUCAMONGA STAFF REPORT o DATE: S April 13, 1988 T0: Chairmn and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Dan Coleman, Senior Planner SUBJECT: ENVIRONMENTAL ASSEssmoa AND SIGN OMINANCE MOMENT 88_ — ar ous aren n s m gSidinance regar ng noon signs, window signs, and temporary signs for City sponsored special events. I. ASSTRACT: This report presents certain changes to the Sign rlrnance as directed by the City Council in response to recommendations from the Chamber of Coacerce. II. WXGROUND: The Sign Ordinance pprohibits signs with exposed rub ng� : such as neon signs. In response to the growing proliferation of these signs, the Planning Division conducted a survey in Jut a of 1987 and datermined Mat fifty (50; businesses had illegal neon signs. Most of these signs were small signs advertising 'Open% 'Coors ", 'Pizza", etc., that hung in the storefront window. Letters were sent out informing these bust^ *sses of the violation and the need :o comply with the sign regulations. Several businesses contacted the Chamber of Commerce. The Chamber of Comcerce created a task force to review the City's Sign Ordinance and to make recoomendations for Possible changes in the Ordinance. The City Planner and ,toff participated in several mmeetin3s with the task force between July, 1987 and October, 1987. The Planning Comission on January 27, 1988. preThetedChamober's recommendations, together with the comments of the Planning Commission, were presented to the City Council for direction on February 47, 1988. The City Council directed staff to prepare alternatives to the Chamber recommendations and highli ht sections of the Sign Ordinance that may warant charges. Staff presented concepts to allow neon signs and modify the window sign regulations for the City Councils consideration on March 16, 1980. The City Council concurred with staff's recommendations and directed staff to prepare this ammend=ent accordingly. ITEM S i t III. A1W.YSIS: The attached Council staff report summarizes the iae' n�aents to the Sign Ordinance: IV. RF.COO MOATION: Staff recommends that the Planning Commission arop-E—Va—aTfached Resolution recommending approval of Sign Grdirance Amendment 88 -01. Res ally ft d, Bra e Ctty P1 ner 08:OC:ko Attachments: Resolution Ordinance M L� CITY OF RANCHO CUCAMONGA STAFF REPORT OATE: larch 16, 1988 TO: Mayor and Motors of the Cfty Coun:il FROM: Brad Buller, CCiittsy planner � BY:y�t�l�w i�!s,IAI7I SUBJECT: SIGN ORDIMAMCE - Reviw of changes proposed by Chamber of ommerce TMUnued from February 17, IM) 1. RECOMiMOATIOM: Staff reccegnds that the City Council reviey and cons r alternatives discussed in this :*port and provide direction to staff to prepare necessary moand"Ats to the Sign Ordinance. II. BACKGOUID' The City Council was prasentad with the Chamber's recaewe a ions regarding neon signs and window signs at their nesting of February 17, 1988. It* Council raised the following concerns: 1. Signags should relate to the land use zone. 2. If too restrictive, sign regulations us hurt bu:intss. 3. Colors, eaterials and eaintenAnce of window signs should be addressed. After considerable discussion, the City Council Continued this it" to allow the Council time to review And consider the Information presented. The Council also directed staff to highlight sections of the Sign Ordinance that may need aawndswnt. III. ANALYSIS A. App=oach: This report Presents altaraative solutions to i3dnss the MY Council's concerns and the recommendations of the Chamber of Commerce regardin3 neon signs and window signs. The solution to the issues is twofold. 1. Education - A proactive approach is needed to educate the .T_ is, owner of the City's sign regulations and advertising opportunities: CITY COUNCIL Sl. F REPORT :. RE: SIGN ORDINANCE March 16, 1986 -;j Page 2 a. The Small Business Guide being prepared by the Chamber of Comeerce explains the City's sign process and should be made available to their awvhership, particularly Raw members. The City Council could increase sign permit fees by $2.00 in order to provide a copy of the Sign Ordi:ence to all businesses with their application package. Ill Shopping center Omar$ and the Chamber of Coeserce shoe d take a proactive approach in educating their. umbers /tenants /property mane ors concerning promotional campaigns and advertising the ,practices to 1st residents know of their goods and services and when to find them. A shopping center Omer and /or manager should •cork with his tenants in develop!ng joint advertlslry and special sales or promotional events - all the tenants ,working togather want maximum advertising banefit at minimums cost. Staff would recommend that a cautious approach be ttkan ir. amending the Sign Ordinance. Changes to the Ordinance should be considered as 'fine tuning' rather thar. a •major overhaul•. 2- ".esthetics - Tie issues relative to types of allowable s gnT i aid- the standards for size and design are bast addressed by taking a cautious approach. Staff recommends that subtle changes to the Sign Ordinance be attempted first and the results monitored to see if the changes address the concerns of the Paunch and the Chamber. The next section of this report highlights areas of the Sign Ordinance when changes my be appropriate. 8. Potential Amendments: _ Entirul Yearn SL - Amending the Sign Ordinance to allow Tneon s no ust a simple utter of lifting the ban on neon. Then are two major concerns regarding the use Of exposed neon tubing: 1) aesthetics and 2) safety. Staff believes that the aesthetics or •quality' of neon signs can be adequately controlled through the sign permit process, as are other types of permanent signs, and by adopting design guidelines. The issues of safety are relevant to window or other neon signs susptnded in midair, interior wall- mounted, and neon signs with open, exposed tubing. Generally speaking, exposed tubes are fragile and can be broken by high winds or physical contact. Improper installation can also result in fire ' _--��$.`,�yls_s'.�i� "•!�y -` "' '- - -. w " .,Vi,µ,,-• ;.K CITY COUNCIL STAVF,:R„ .AT `' °• ta_y RE: SIGN CRDIMK'C, ' b ' •r= "arch 16, 1966 Page 3 .r, t'1'4 T <} poundal. The issue of safety is discussed at length in :E- the attached study by the City of West Coring ($ee Exhibit •A -). r < Staff rrcoo rands that the following standards be considered for external men signs: a. Limit their use to'Wre intense comeercfal zones, such as: r - Commmfty Comercial = Regvonel Related Commercial b, Require totallly enclosed installation li C. Within shopping Centers, allow as a part of a Uniform Sign Program 5 d. susiness identification only 2. Internal MineeS_IMM - Noon signs Touted in the s n wore —mew r rtndaw t1N same is$"$ relative to aesthetics aconecerrn externally not n, there i rdmtnggn the renumber neon signs, content and $ise. Staff would• recommend the following standards be considered for noon window signs: a. Limit their use to commercial zones cnly b. Require totally enclosed installation c• Msxfmum site - 2 sq. ft. d. Om per business e, NO product advertisfni or business names - oust be generic, such as Mer or Open* 3. Wiedew SI - The Sf9n Ordinance retolnftes the nevi for weporary—wTadow signs for certain types of busine°tes to advertise special sales. The majority of windok sign _ violations are regarding the six (6) foot Might limitation in the current regulations which the Ch Me'r le Commission have pressed concernawithiothe aestheticsmof window signs and the length of time they are displayed. In particular, then were objections to the florescent colors used in painted window signs and the lack of regulations governing how long they My be displayed. I Staff would eons dered fortwindow �signsc following standards be s A. Limit their use to retail consrdrcisl zones only b. - Neximu height limit - 20 feet f ' Ailow for thirty days /event, 4 ivents /year p[ Colon must be compatible to building design/colors AAA raw signs should be placed in frames Brad 1ui dr 44y '�:il�`1�4.�r�y K^�fir"'�- .e•' _ M. _ ••'ri. �'.e�zx`R��C-c� ."n°'�etR wry ,s,�i,:�;, CITY COUNCILIS`. FFIREPORT MN ' RE: SIGN ORDINANCE:" Attachments: Exhibit march 16, 1968, - West Covina Neon Study Page 4 V A. Limit their use to retail consrdrcisl zones only b. - Neximu height limit - 20 feet f ' Ailow for thirty days /event, 4 ivents /year p[ Colon must be compatible to building design/colors AAA raw signs should be placed in frames Brad 1ui dr 44y City p nner 81: ;LO Attachments: Exhibit 'A' - West Covina Neon Study Exhibit V -Neon Survey Exhibit 'C''- Window Survey ExNlbtt '0' - Nep of Commercial Zones Exhibit 'E' - Sign Ordinance II �Y CITY OF RANCHO CUCAMONGA STAFF REFORT DATE: ilaren.16, 1988 ' -C: Nayor and Nnbers of the City council FROM: Bra3 Buller, City Planner BY: Dan Coleman, senior Planner MEST: SIGN ORDINANCE - Addendum RCPort I. RECOYAL40ATION: Staff recomeands that the City Council rnvitw and Ids direction two staff to prepare discussed ecessary mendeents todthe Sijn Ordinance. II. BACKGROUND: In addition to those concerns outlillea'in she previous repo ,"iFa City Cwncil raised concern WILh the need for siSnage such hias thhep101YeariAnnivers aarryhFounder'snDay pirapdas,oete events, I31. mporsry flags, f bcnners. soiggnns, and tpenn pennants within ethe 1public right -of -way sebject to the following standa•ds., a. Limit ,heir use to City sponsored special events b. Placement shall not cause public safety hazard c. Comply witil California Vehicle Code d. Rcquire approval by City Engineer Respec ully submitted, ra' 4 City P anne BS: DC•ko 37Z -A 1 •� tll y i K 4 t� 1 9 r a • a s a Urad, Huller, City. P' Items and 0 were t requests, tems P and 1988 meetln respect by the Comm Ss as also be combined. f f a f f announced modifications to this agenda. will by the appl leant. At the applicants's being continued to the May 25, and June 8, Items E and F will be heard concurrently as Items G, H, and I. Items J and 0 will - OHSENT CALENDAR A. TIME EXTENSION FOR TENTATIVE PARCEL MA 49 - SMITH - A acres o en nto parce s n t ery Low District (2 dwellings units par acre), locate the sc Strang Lane, west of Carnelian Avenue - APM 1061 -2 07. Hatton: Moved by Tolstoy, seconded by Chltiea, unanimously acopt the Consent Calendar. • e • r PUBLIC HEARINGS B. E.HVIRONMFNTAI c7 to regar nq neon s gns, Window tSigns,aa d temporary stgnsgfor thonCice sponsored events. (Continued from April 13, 1988) Brad Buller, City Planner, presented the staff report. He advised t„dt the Chamber of Commerce is requesting that :his item be continue• in order that the Commission and the Chamber could meet in a war Clop form. Commissioner Tolstoy pointed out that the original Sign Ordinance allowed the sign area to not exceed 6 feet, and the amendment allowed up to 20 feet above the finished grade. He asked for an example of where this might occur. Mr. Buller explained that there are a few instances in the larger existing shopping centers where the architectural design included higher windows. The amendment was intended to not only address signs on new facilities, but those on existing businesses as well. Commissioner Chitiea pointed out that the amendment provides 304 as a mint 1`113 coverage for temporary signs but does not provide a maximum. She felt a maximum should be included. Mr. Buller concurred a maximum should be added. Planning Commission Minutes .2- �•i May 11. 1988 9 Ralph Hanson, Deputy City Attorney, advised that if the City were to stipulate any exclusions to the placing of signs within rtyhts -of -way, cf such as allowing placement of temporary signs by the City, it could not legally prohibit the placement of political signs within those same rights -ef -way. The only way to prohibit the proliferation of political ? signs within rights -of -way is to exclude all signs. t' Chairman McNiel opened the public hearing, .r' John Mannerino,' representing the Rancho Cucamonga Chamber of Commerce, 1L, indicated that until just recently he was under the Impression that a pL workshop Would Commerce to an efturtt to address the Chamber's o ncerns with Y- the Sign Ordinance Amendment and that this hearing was to be continued. = The following individuals addressed the Commission in opposition to the Sign Ordinance Amendment as presented. It was the opinion of those fi addressing the COmmission that florescent window signs should be allowed. They were also in support of a workshop between the Chamber and the Commission. Larry Rosenthal, owner of a Foothlll Boulavard Coffee Shop i. Vic Armejo, owner of the Pet Stop >. Mike Mitchell, 10_4 Kingston, Rancho Cucamonga Craig Mefferd, 8724 E. Foothill, Rancho Cucamonga i Stella Medley, 8637 Base Line, Rancho Cucamonga (Sweet Merchantile) Cheryl Mefferd, 8724 E. Foothill, Rancho Cucamonga Irving Voorheis, 5922 Villa Drive, Rancho Cucamonga (Sunrize Market) Bob Forrest, 8049 Rosebud Street, Rancho Cucamonga Carlos Hernandez, 9166 Foothill, Rancho Cucamonga (Carlos Halr Design) Lisan�ohnson, 9220 Timberline, RanchonCucamongaa(Sign Painter) Danielle Morasse, 9455 Hemlock, Pet Stop, Ranco Cucaaongs Lynda Unger, Star's Fitness Center, Rancho Cucamonga There were no further comments, therefore the public hearing was closed. Chairman McNiel stated that he was unaware of any discussion which may have lead the Chamber of Commerce to believe that a workshop between the Commission and the Chamber would take place. He pointed out that the original posture of the Planning Commission was that the Sign Ordinance remain in its original state, which is more restrictive than the amendment now being proposed. He advised that the ordinance was undergoing its current revision at the direction of the City Council. Chairman McNiel asked for clarification of one issue raised during he Public hearing relative to temporary window signs in businesses within the Office /Professional category, Planning Commission Minutes _3_ May 11, 1988 Mr. Buller advised that temporary window signs were allowed in Commercial designations only. He stated that it was s concern at the City Council level that office projects are not designed for retail advertising and window signs detract from the Office /Professional image of a center. - Commissioner Tolstoy pointed out that Rancho Cucamonga is a city with #: almost 95,000 citizens, which would seem to promote the prosperity of signseshouldbnotnbe�requireds to o be ullyoencLsed. LHetdisoesuggested that to the design of their neon sign, a business should be allowed to use a graphic depicting the type of business. He supported temporary window signs painted in a color to complement a centers color decor, and Opposed the use of florescent pat t. Commissioner Blakesley stated that everyone wants an attractive f, community and wants to support Commissioner Tolstoy's posit relativertosn oe and t mporary signs. .� Commissioner Chittea stated that auendaents to the Sign Ordinance were C generated by the City Council. She agreed that taporary window signs should not be the color of the building, but should be of a color Palette to complement the colors of the center. She could not, however, support the use of florescent paint. She stated that a maximum space coverage needs to be established for temporary window signs. She stated that the Council was more permissive in that they allowed the use of �r neon algns and she would not like to liberalize that section further, Particularly by allowing the use of graphics. Chairman McN1el was concerned with the issue of temporary signs for businesses within the Office /Professional designation and suggested that the City Council should review that area closely. He was not opposed to allowing temporary signs for those businesses. Commiss s pporttbusin sslos 1n theaOffics /Professionalhcentersiwas th tfthey were to complement and be ancillary to those uses. He questioned if they met that criteria why they would have to attract from the outside. Chairman NcNtel asked for a consensus relative to internal neon signs. witmmhautttherrequirment Blakesley, and being encased and all use of neon the design. 9 graphics 1n Chairman MCNiel and Commissioner Chitlea were opposed. Chairman McNiel then asked for a consensus relative to colors for temporary signs. .. Planning Commission Mluutes .d_ - May 11, 1988 we r Commissioners Tolstoy, Emerick, Chlttea. and 314kesley supported the use Of contrasting colors to complement the color paSette of the center. Commissioner Chitipa clarified that the City Ceuncfl should discuss this Issue fu or with the business owners. Chairman McNiel stated he was not opposed to the use of florescent colors. O Suggested with regardtotemporary sign alternative 1t lmight be d too l specificlto define color ranges within the ordinance. Notion: Moved by Chitlaa, soconded by Tolstoy, to direct staff to forward the Sign Ordinance amendment to the City COUHCil with the recommendation that the Council considor Section 3 and 4 for possible modifications based on City Attorn armed by theefollowingdvoteations AYES: COMMISSIONERS: CHITIEA, TOLSTOY, BLAKESLEY, EMERICK, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE - carried f f f f C. Nine � - ine request to re uce t r. re u re m n mma �"1 "AIaw o 0.29 acres for Parcel 2 and 0.89 acres for ParcelsIZIn t e a Oistrict of the Foothill Boulevard Specific Plan located s thwest corner of Klusman Avenue and San Bernardino Road -IS 24 (Continued from April 27, 1988) 0. ENTAL SESSMENT AND TENTATIVE PARCEL NAP 11044 - NOVARETTE v s on aBd Speciftt lan, Subarea 3 located t thessouthwestocorner odn Avenue nd San Bernardino Road - ACN 208- 151 -24 (CO ed from April Ra 1988) Chairman McMtel announced t applicant. ha this item had been withdrawn by the f f f f f E. CONDITIONAL ucc arou,. e to an approve s to lum PAACO - A modification ne retail center located atathe southwest co yeraof Foothill Boulevard and Ramona Avenue in Subarea 3 of the thill Specific plan, Community Commercial, on 3.245 acres of land PN 208- 301 -15, 16, 17. F. VARIANCE 88 -05 - PARCO - A request to allow a reduc rear yard Planning Commission Minutes _5_ ay 11, 1988 i I RESOLUTION N0. 88 -97 l'• A RESOLUTION OF THE PLANNING COMMiSSIO11 OF THE CITv OF RANCHO CUCAMONGA. CALIFORNIA, RECOMMENDING APPROVAL OF SIGN ORDINANCE AMENDMENT 88 -01, AMENDINq TITLE 14 OF THE y RANCHO CUCAMONGA MUNICIPAL CODE TO MODIF7 REGULATIONS FOR ti NEON AND WINDOW; SIGNS WHEREAS, on the 11th day of May, 1989, the Planning Commission held a duly advertised public hearing pursuant to Section 65864 of the California Government Code. SECTION 1: The Rancho Cucamonga Planning Commission has made the fall ;wing— Marng: 1. That the Amendment will provide for development of a comprehensivaly planned urban community within the District that is superior to development otherwise allowable under alternate regulations; and 2. That the Amendment will provide for development } within the District in a manner consistent with the Genersl Plan and with related development and growth management policies of the City; and 3. That the Amendment will provide for the construction, Improvement, or extension of transportation facilities, public utilities, and public services required with the District. SECTION 2: The Rancho Cucamonga Planning Commission has found that this pro Ject—w-fMnot create a s'gnificant adverse effect on the environment and recommends to City Council the issuance of a Negative Declaration on May 11, 1983, NOM, THEREFORE, BE IT RESOLVED: 1. That pursuant to Section 65850 to 65855 or the California Government Code, that the Planning Commission Of the City of P,dncho Cucamonga hereby recommends approval of Sigi, Ordinance Amendment 88- 01. .'. The Planning Commission hareby recommends that the City Council approve and adopt Sign Ordinance Amendment 88 -01 to modify the Municipal Code per the attached Ordinance. 1 k "" 'y� fM:,F"�w1y..�.li�rP�t t-r V ;• . Yri _ - - .�;c-.'_ -.rc.:.i°�t s +:ll` ?t�".s- �jv'�`,#t PLAIT SI COl1NISSIOM RfiSOLUTlOM t.' RE :' 5IER ORD:,AMENOIKNT�83 -01 ' -+ APPROVED,ANO;ADOPTEA THIS 11TH DAY OF NAY, 1988. PLANNING C"ISSION OF THE CITY OF RaHrwn niravnvny I, Brad Buller, Oc ,Y Secretary of the Planning ComafSSln of the C'ty of Rancho Cucaaanga, do,Acveby certify that the foregaing, Resolution was duly and CitylofiRanchoroCucamjng s t a reguls Rmeeting of t1k',, P'anM 9Commission ikeld on the 11th day of yay;Nf-188, by the' +ollowfng Vote -to -wit: AYES: COMMISSIONERS; CHITIEA, TOLSTOY, BIAKESLE'f, EMERICK, MCNIEL NOES: C0MINISSIONERS: HONE ABSENT: C011MISSIONERS: NONE f� -Z- ,j r ORDINANCE NO, AN ORDINANCE OF THE CITY COUKCIL Or THE CITY OF RANCHO CUCAMONGA, r,AL1FORNIA, APPROVING SIGN ORDINANCE AMENDMENT 88 -01, MENDING TITLE 14 OF THE RANCHO CUCAMONGA RUNICIPAL CODE TO MODIFY REGULATIONS FOR NEON AND WI NO ON i SIGNS AND ADDING PROVISION FOR TEMPORARY SIGNS FOR CITY d' SPONSORED SPECIAL EVENTS The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: Section 14,08.030 of Chapter 14.08 is amended to read as follows, ni" wards end graphics: 1 4, 14.00.030 Area of sign. 'Area of sign' shall be computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem, or other display, together with any material or color fonoing an integral part of the background of the display or used to differentiate the sign from the backdrop of structure against which it is placed, but not including :ny supporting framework or bracing that is clearly incidental to the display Itself. In the case of a two - sided, multi- stdcd, or three dimensional sign the area shall be computed as including the maximum single display surface which is visible from '. any ground position at one time. 9 INDIVIDUALLCrraK IX 1 Urk Ci�v DOKVOx1AL LKTTFf eaul Stan A+i is CaWAL u rmin" v \ \ \\� Q\ ,. \ DON WITH BACKGROUND ayr An M13 Determining Sign Areas CITY COUNCIL ORDINANCE'NO. RE: SIGN ORD. AMEND. 88-01 Page 2 L °; follows: SECTION 2: Section 14.08.380 of Chapter 14.08 is amended to read as 14.08.030 Window si n. 'Window sign" means a sign painted, attached, interlorrsideeof the window or otherwise easilytvisible within from thefeet exteriorhof the building. follows; SECTION 3; Section 14.20.070 of Chapter 14.20 is amended to read as 14.20.070 Near signs - exterior. Neon tubing may be permitted as a sign mater a. n ex r or monu;en s gns and wall signs subject to the following provisions: A. Permitted only in thn more int "nse commercial zones: Community C=aercial Regional Related Co®ercial Regional Commercial B. Ex osed tubing 1s prohibited. Neon tubing shall be fully enclosed in a metal framo and covered with plexiglass. C. Within shopping centers, neon signs may be allowed only as part of a Uniform Sign Program. D. Such signs shall be limited to business identification only, and ma- include graphic symbols SECTION 4: Section 14.20.071 is added to Chapter 14.20 to read as follews: 14.20.071 ~<,on st ns - interior. Neon tubing may be permitted as a sign voter ai tor n er or. w n ow s gns subject to the following provisions: A. Permitted in commercial zones only; 6. m, more than one neon window sign shall be permitted Per husiness. C. Tne sign Brea shall not exceed two square feet and shall rot exceed 20 feet in height above finished ,grade. D. Such signs shall be limited to generic messages, such as 'OPEN" or "PIZZA ". No product advertising or business identification is allowed. ,��... Cj CITY�COONCii 6RDiNAkE N0. RE: SIGN ORD. MEND. U-01 Page 3 follows: SECTION 5: Section 14.20.000 of Chapter 14.20 is-axnded to read as 14.20.000 permitted s1 ns - ltesideattal Zones. The followingg signs may be Dorm n e rem en a :ones su ec a provisions 1lsted: (Chart remain: unchangedl follows: SECTION 6: Section 14.20.100 of Chapter 14.20 is amended to read as 14.20.100 Permittt.�d si ns - Coomercial and Office Zores. The Following s gns may a ports- n e eamerc a an o ce zones subject to (see revised chart attached) follows: SECTION 7: Section 14.20.110 of Chapter 14.20 is amended to read as 14.20.IIr, Permitted s1 ns - Industrial ZMes. The following signs may be perm fde n e n us r a zones su ec a provisions listed: (Chart remains unchanged) follows: SECTION 0: Section 14.24.090 is added to Chapter 14.24 to read as buildfny ere24.0on90 Sign color^ shoppingicenters, lsign coolortsheuld compliment the color scheme for the center. The use of garish or flourescent colors is considered fiappropriate. SECTION 9: This Council finds that this amendment will not adversely effect the env romoent and hereby issues a Negative Declaration. I 1' a r S•= 22 bf 1.3 1 bib Vill Ill's list PI • �„� a i� -sill Ali I fill S$ I ��g 3l ] 1 tg �1 161 $�r� �,I :i AY�Y JIil��a�a�� ��y$�$ 9�a�� ���ta� .1 3 J i i d v 31 PH ¢¢6 �FiS�j yi11 7i S Z lams] °a° ,@ �nS� SSS 4 �9c r 35 355 ggi3 e t d � a, E� Ye sill � d a;A Egg a•e sg�s i egyy plat X23 ti IV jigs JI S $ a is fill J9a73 Z+a' ��� �a1 kill ��1 ' Otis .11 , �1 ,s ajal, sa ;all scab yj 1Gi1 9a d Alit 89 ea118 d a 9 a�? 6: �- j a a F 7' n ' illi 1_ _al lij jp°� r� 3 1 ' lit lit y9 € a3 i t -j� IA a r 9 M M �i I August 15, 1988 Mayor and Members of the city Co;nsel City of Rancho Cucamonga 9340 Baseline Rd. Rancho Cucamonga, CA 91730 M Re: Entertainment Permit 87 -01-Ham Clp- Apceal of Planning Decision to Modify Entertairment Form 97 -01 for Restaurant /Night club at 10577 Foothill Blvd. Hearing Date: August 17, 1988 Harry Cos, Inc., doing business as "Harry Cis" appeals from the decision of the Planning Commission mado Jnly 13, 1988, and formalized July 27, 1988, on both factual and legal grounds. I.Q. FACrM BASIS Appellant Harry C's seeks to modify its entertainment permit issued on or about June .A4, 1987, to include in the permitted entertainment at Harry Cgs certain live shows in addition to a live disc jockey playing uusic. At issue are complaints made by several agencies prior to J.-a 7, 1988, and Harry C's response thereto. A lengthy response `o t::ose allegations was submitted to the Planning Commission, and is attached to the staff report submitted to this body as attach- ment Iv. That response io incorporated herein by reference as thcugh fully not forth. A brief stuamary of those allegations and an update of Harry C'9 response in as follows: I.I. PLANNING OZPARTMEN2 CONCERNS The Planning Department objected to deterioration in the landscaping surrounding the Hurry Cos restaurant. Those problems have boar corrected by replanting, repair and improvement of the automatic sprinkling system, and by uniformed control guards who in addition to preserving peace, inhibit the trampling of plants by clientele and other individuals in the parking lot. At the present time Harry Cos is unaware of any continuing violations or dissatisfaction in the Planning Department. go HARRY J HIS7EN ' ono 'g.tr T .•+ awe ur •tt ur+•.t +u+ a:Vtea:: 1. 1Ug::K19"U 92OOI August 15, 1988 Mayor and Members of the city Co;nsel City of Rancho Cucamonga 9340 Baseline Rd. Rancho Cucamonga, CA 91730 M Re: Entertainment Permit 87 -01-Ham Clp- Apceal of Planning Decision to Modify Entertairment Form 97 -01 for Restaurant /Night club at 10577 Foothill Blvd. Hearing Date: August 17, 1988 Harry Cos, Inc., doing business as "Harry Cis" appeals from the decision of the Planning Commission mado Jnly 13, 1988, and formalized July 27, 1988, on both factual and legal grounds. I.Q. FACrM BASIS Appellant Harry C's seeks to modify its entertainment permit issued on or about June .A4, 1987, to include in the permitted entertainment at Harry Cgs certain live shows in addition to a live disc jockey playing uusic. At issue are complaints made by several agencies prior to J.-a 7, 1988, and Harry C's response thereto. A lengthy response `o t::ose allegations was submitted to the Planning Commission, and is attached to the staff report submitted to this body as attach- ment Iv. That response io incorporated herein by reference as thcugh fully not forth. A brief stuamary of those allegations and an update of Harry C'9 response in as follows: I.I. PLANNING OZPARTMEN2 CONCERNS The Planning Department objected to deterioration in the landscaping surrounding the Hurry Cos restaurant. Those problems have boar corrected by replanting, repair and improvement of the automatic sprinkling system, and by uniformed control guards who in addition to preserving peace, inhibit the trampling of plants by clientele and other individuals in the parking lot. At the present time Harry Cos is unaware of any continuing violations or dissatisfaction in the Planning Department. go RE, Entertainment Permit 67 -01 -Harry Con August 15, 1999 Page 2 4 Y 1 2 SFiPi{T�"S.4EPbB In the peat there,vere a Hasher of law enfon:emant re:•rponsea required to Harrrryy C�a restaurant and its immediate environment. Of Thera vans some dl! isagr eeaurity guards. eHarry9cis hadtbeenpadvised by Police agencies in other [ncilities that uniformed aecurilj, guards could often be n source of conflict and additlonal problems. Since implementation of the �ersonneltonCtheiprvaites rncommendation of two uniformed security p a law evenings, until a cg cleared, facility have all but disappeared. enforcement responses The Sh^riifis Department testimony at the 2latming Co=ission heating further indicated tat the cituaticn under xntrol aid cI'CiC T'REAE� CoNCEH There hod developed a pattern of late payiant o! entert'tin- rent taxes from Harry C's to the City. This was dae to the fact that Harry C's processed entertainment tax payments with all other accounts payable through its normal accounting pracedurac has begun ing in house bookkeeping and its CPA firm. E ry rib pay the entertainment taxes separate and apart from its normal procedures, and will continue to do so. Tbersfors the late pay - rent pronitho part en Weeny resolved VY some addltior.al bookkeeping L a ere rs i1CT c O�bLP - Tba Yire Dist.: ict problems have been discussed in great detail in Harry C'a response submitted to the Planning Commission. While numerous allegations were made, Harry cis submits the problem is grossly exaggerated. In the course of existence of the restaurant, substantial work has been done with the e District tin determining Yocc P an cY counts, furniture location, Fir District, Harry cis retained Tomes and Associates, a fire /building /life safety consulting firm from San Diego, for a binding review of the occupancy levels and lire exit conditions at Harry Cis. Tomes and Associates report of Ynbruary 12, 1988, (a copy of whioa is attached as Exhibit ^A ^) supported Harry C's position as to occupancy count and increased the occupancy load to a level subntantlally greater than that assigned by the Yire Mar- shall. In addition thereto, Tomas and Associates Sound that the ira two exits for fo Uniform code e lnearfeet Gfnneetinthe bar arnThe bar area has our '� • RES E.itartairaant Permit 87 -01-Harry CIO ti August 15, 1988 Page 3 exits and seventeen linear feet, therefore greatly exceeding the Piro code Regulations. Sill Tomes of Tomes and Associates e testified before the of Planning commission that Harry CIO A+ in its facility, ", employing advanced state of the art fire safety features. it is apparent that no substantial l� rgumeeerefore exists as to the quality of the facility. ta directed to the use and maintenance of the state of the art fea- tures. The only evidence provided by the Fire District concerned a blocking of exits citation occurring at 1s30 P.m. on Mother0sDay May 8, 1988. Harry Cis concedes that that event was inappropri ate, and has promised that that condition will not be repeated. was The pleadeguilty,aand bien MiXe ausessedea,fine,ciHr. for Hiller no longer associated with Harry Cis in any capacity. Only one other citation has ever been issued to Harry Cis, that occurring on June 30, 1988, when the restaurant and the manager Hillis Hon were cited for a table in the entry y lobby crew, clean only two patrons in the entire restaurant clean- ing crew, at tjabati time o in a alleged violation The merits of that citation in the area of over crowdliq or occupancy count, there has been substantial disagreement between the Pare District and Harry Cis, as discussed above. other than this disagreement which was resolved by Tomes and Aasociatos, there have boonoacitations to Harry Cis With regard to exceeding occupancy count, in Cis knowledge, no allegations Cisohas installed a complex system of several months. Aary counting patrons entering and leaving the establishment, using maintain c the appropriate) ountalevel. rsThe starget eounttisto significantly below the maximum occupant count to allow some margin of error. The primary complaints of the Fire District seem to bs that on occasion, they have found tables moved or chairs moved into fire exit lanes. This occurs when tpa cons move tOnestto suit the r pleasures of their party, at their table. As Hr. Tomes another to allow greater minting testified before the Planning Commission, this is a condition which ojily be monitored under the corn ctediwhen but can : RE: Ente_- tainment Permit 87 -01 -Harry C's " August 15, 1988 Page s ti v, v found, occasionally this can happen also by inadvertent placement of carts by employees. In ordcr to combat and control this ongo- ing problem, Harry C's has hired employees who during peak hours, continuously patrol the restaurant and bar to correct these situa- tions. I.S. SUM1WY Harry C's has been a new experience for Rancho Cucamonga, and vice versa. It should be noted that while some "growing pains" existed d•:ring the first year, or less, of operation, all of the concerns by any and all agencies, of which Harry COs is aware have been corrected either permanently or by continuous monitoring. it should also be noted that neither of the citations made by the Fire District ware during entertainment hours, but rather were on an isolated early afternoon Mother's Day incident, and a cleaning time incident at 3:30 P.M. on a Thursday afternoon. In addition no evidence has been introduced, nor have any allegations been made that the type of entertainment sought to be offered by Harry Cis, and which in the past has bean offered by Harry C's, would have any impact on the concerns of any agancy expressed to date. While Harry Cis original permit was issued for a live disc jockey and dancing, Harry C's is inexperienced in dealing with entertainment licenses,as Rancho Cucamonga is the first city in which Harry C's or its owner has operated a facility requiring such a license. Prior to the Public Safety Commission bearing on June 7, 1988, Harry C's innocently offered such entertainment as is requested to be included in its entertainment license. There are no allegations of any problems caused by the type of enter- tainment provided. While the nature of entertainment is subject to the whims of fashions, Harry COs at the present time contemplates the follo4ing' offerings to its patrons: Monday night: Monday Night Football on big screen T7, and cheerleader contest after the game involving one contestant at a time on stage. Tuesday night: Bikini Contest involving one participant at a time on stage. Wednesday night: Lip Sync contest involving one person at a time on stage. Thursday night: Hawaiian Tropical Tan contest which will select entrants to a national contest. Again this will involve one contestant at a tine an stage. Sunday evening: Comedy performers. Again, at least in most cases, one parson at a time would be on stage. RE: Entertairment Persit 87 -01 -Harry C's August 15, 1988 Page 5 All of these events involve cover charges which would result in tax payments to the City. While the State of California allows Municipalities to make and enforce their Ordinances and Regulations with regard to entertainment, this "Municipal affairs doctrine merely allows an area in which the local anvernment may freely pnarate. Gnhiaer t, , p. 3746, One clear rule applicable to the City is that it must, at the very least, follow the provisions of its own ordinance. Y Harry cgs license having been granted, it may be suspended or revoked only on a finding of the conditions specified In ordinance Number 290 of the City of Rancho Cucamonga referred to as Chapter 5.12. Section 5.12.100 lists the criteria for suspection of revocation of a pe: -mlt. As of this date, Harry Cgs permit has not heen suspended or revoked, and no evidenre was furnished regarding yr any uncorrected activity, which would be grounds for suspension or revocation under said section. Similarly, Section 5.12.080 lists the conditions under which an application may be denied, those conditions being essentially the same as those required for suspension or revocation. Again no allegations are made of uncorrected activity which could even arguably fall within any of the six criteria enumerated. Section 5.12.150 lists tha penalties, short of suspension or revocation, which may be assessed for violation of the require- ments of Chapter 5.12. No provision is made therein for proba- tion, or limiting the types of entertainment to be offered by the permittee. The activities sought to be offered by Harry C's ere lawful activities and cannot be prohibited. POODlq V. E1 Dorado (19791 96 CA3d 403, 406. The Municipality may not selectively exclude commercial live entertainment, where it cannot show that such entertainment poeos prohloms of a uniq+e nature. Schad V. Mt. Ephraim. (19811 452 VS 61, 68 L.Ed.2d 6:1, 101 S.Ct. 2176 The determination of whether the operation comports with the requirements of the Ordinance is to be made at the time of the . � w RE: Entertai=Gnt Permit 67 -01-Harry C's August 15, 1908 Page 6 hearing before the Clty Counsel and not ao of the time of the making of the allegations. Sunset amueemant_Ce, v. Board gj Policg Commissignurs .19721 7 Cad 66, 82. Amusement and entertair.;ent are enrompasued within the right of freedom of speech as wall as the exposition of Ideas. That a particular form of antertainmsnt might be unlawful in a different context, circumstance or place, does not remove the activity an a stage from the protections of the First Amendment. In re gpnnini !19661, 69 Ca1.2d 563. 2.2. CITATIONS NOT There has bean no evidence preaented at any tiea at any hearing, the= the citatLons isswid by the Fire Department, or any other complaints relatati directly to the offering of or.e form of entertainment over another. These is no evidence that problems increased or decreased with the type of entertainment being af•- forded. In fact, Harry C's inadvertently, offered tho types of entertainment srught to be authorized at this time prior to the Public safety Commission hearing on June 7, 1988. Harry Cis has not surrendered the right to continue to offer that form of enter- tainment, but has voluntarily suspended ti.. activity pending resolution through administrative channels. There is no provision in Chapter 5.12, authorizing the city or any of its agencies to become Harry C's "entertainment director ", based on a violation of that Chapter. For could such a provision pass constitutional muster Finally, to roach a rational conclusion as to the intended regulation to be proposed by the ordinance, tt is apparently the position of the Fire District, Public Safety Commission and Plan- ning Commission that a change in format from a live disc jockey and dancing, to a comedian, to a televised football gama, etc. require approval of the Planning Commission. Were that view to be accepted, Sections 5.12.050 through 5.12.070, vould require that tha City Manager investigate the application for such a change, notify all property owners within 300 feet of the proposed activity, at the --ost of the applicant, and hold a public hearing on such an application. It As respectfully submitted that the City Counsel .md passing ordinance 290 did not anticipate such a procedure. It is further submitted that if such a procedure were required, it would fail to pass constitutional scrutiny. .- rd ., e„ i� i REi = ^EtitirtairiieatPirni August 15' 1988 "*` '-:• Page 7 1 _ r'•r 57 -01 -Harry cis 7.0. CONCIA920N - It is respectfully 4' omitted that there are no facts offered in evidence by any agency, which have bean uncorrected, that would justify the denial, suspension, or revocation of Harry Cis li- cense. The ordinance governing entertainment licenaea does not give the city power to interfere with lawful activities and First Amendment protected activities at Harry Cis. The violations which have occurred have been resolved in the courts, or are pending resolution in the courts. r' The affect of the proposed "probationary-; limitations oti.the type of entartainnent allowed, not only violated First Amandmei,,t rights, but is in sffecV a'drastic economic sanction not-antici- pated or permitted by'Chapter 5.12 or Constitutional requirements. The conditions approval Section 5.12.080 allows for conditions such as the requirement for uniformed mocurity personnel at the facility and smilar requirements, not a forfeiture of fundamental constitutional rights. , ra, _ The recommendations of the Public Safety Commission and the actions of the Planning Commission exceed the remedies allowed to ' the Planning Commission by Chapter 5.12. Also, as shown above, the action of the Planning Commission violate the constitutional Proscriptions against such regulation. 'Respectfully submittal, Harry J., Histon Attorney for Harry Cie, Inc. i TO es & Assodates f1e/Du'Idrg'fe5day CarsAorts , February 12, 198d (619) 561$125 Fire Marshal Lloyd Almand 'p. Foothill Fire Protection District. P. O. Box 35 ',••. Rancho Cucamonga, California 91701 .7 Dear Fire Marshal Almand, t Enclosed is our proposed exiting plan jor Marry C'a restaurant located at 10877 Foothill Blvd This plan was J developed after a survey of the restaurant was conducted on Monday, February 8, 1988. y 1. An occupant load of 399 was calculated for the Car and dance area. This occupant load calcuiation vas based on the following rationale: Twenty -six hundred (2600) square feet was cleared of all chaire and tablea. A concehtratcd use factor of 070 was applied to this area. This gave an occupant load for this area of 371. The 400 square foot dance floor vas calculatod at , its use capability of 170. This calculation was based on the fact that continuous music is played and an aeuumptlon that 1} Ito capacity will be used. This gave an additional occupant load of 20 people for a total of 359. 2 The Uniform Fire Code in Section 25 114(b) allows for 11 10% increase of occupant load if additional exit facilities are provided. We are proposing to put and additional 3 0' exit door out the cast side of the building This will provide 4 exits, 17 feet of linear exltway, from the area. One 3.0' exit from the north vall area by the bar, one 5.0' exit from the east wall, one 3 0' exit from the east wall (proposed) and one 6.0'exit from the southwest corner of the area. The occupant load requested would be 439 The code would only require two exits and a total linear feet of exitvay of V. 3. It is further requested that 50 stools and 4 tables be 102061nsto Conwxt ld,esWe. Coldorno 92040 �+klfT Eli // •e