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HomeMy WebLinkAbout08-03 - Resolutions RESOLUTION NO. 08-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2007-00495, AMENDING SECTIONS 14.08.350, 14.16.010(P), AND 16.14.020 AND ADDING CHAPTER 14.25 TO THE MUNICIPAL CODE CONCERNING TEMPORARY SIGNS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Municipal Code Amendment No. DRC2007-00495, 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 9th day of January 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. 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 January 9, 2008, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. This amendment does promote the goals and objectives of the MunicipalCode;and C. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Municipal Code; and e. The proposed amendment is in conformance with the General Plan. PLANNING COMMISSION RESOLUTION NO. 08-03 DCA DRC2007-00495 - CITY OF RANCHO CUCAMONGA January 9, 2008 Page 2 4. The Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15061 (b)(3) of CEQA because the ordinance will impose greater limitations on uses than may be conducted on developed properties in the City and will thereby serve to reduce potential significant adverse impacts. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Municipal Code Amendment No. DRC2007-00495 by recommending adoption of the attached City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA i BY: Pam S rt, Chairman ATTEST: n James . Troyer, AICP, Secret ry I, James R. Troyer,AICP, 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 9th day of January, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING SECTIONS 14.08.350, 14.16.010(P) AND 14.16.020 AND ADDING CHAPTER 14.25 TO THE RANCHO CUCAMONGA MUNICIPAL CODE CONCERNING TEMPORARY SIGNS. A. Recitals. (i) It is this Council's intent and goal in adopting this Ordinance to prohibit temporary signs within street rights of way. This Council finds and declares that the regulations provided by this Ordinance are intended to provide for the public safety and well being by assuring the community aesthetic expectations are fulfilled. (ii) This Council also is aware of the fact that temporary signs placed on private property and often referred to as yard signs tend to be impermanent, flimsy, and vulnerable to the elements. Because of the tendency of such signs to proliferate, creating litter, physical blight and traffic safety hazards, this Council hereby adopts regulation set forth in this Ordinance pertaining to such signs. It is the purpose and intent of this Council to provide minimal regulations regarding the posting, display, maintenance and removal of such signs on private property in order to protect the First Amendment rights of persons posting such signs on their property while protecting the health, safety and general welfare of the general public and maintaining the aesthetic qualities of the City. B. Ordinance. NOW, THEREFORE, the Council of the City of Rancho Cucamonga does hereby ordain as follows: Sec. 1. Section 14.08.350 of the Rancho Cucamonga Municipal Code hereby is amended to read as follows: "14.08.350 Temporary sign. `Temporary sign' means a sign erected for a temporary purpose attracting attention to an activity as provided for within this title and includes any political sign." Sec. 2. Section 14.16.010(P) of the Rancho Cucamonga Municipal Code hereby is amended to read as follows: "P. Political signs." 11231-0001\969891v1.doc 1 - Sec. 3. Section 14.16.020 of the Rancho Cucamonga Municipal Code hereby is amended to read as follows: "14.16.020 Prohibited signs. All signs not expressly permitted are prohibited, including but not limited to the following: A. Roof signs, except as provided for in this title; B. Flashing signs, except in time and temperature signs; C. Animated signs; D. Revolving signs; E. Vehicle signs; F. Portable signs, except where permitted in this title' G. Signs blocking doors or fire escapes; H. Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots; 1. Banners, flags, pennants and balloons, except for special events as provided for in this title; J. Advertising structures, except as otherwise permitted in this title; M. Obscene matter." Sec. 4. Section 14.25 hereby is added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 14.25 TEMPORARY SIGNS AND PROHIBITION AGAINST SIGNS IN PUBLIC RIGHTS OF WAY 14.25.010. Signs in Public Rights of Way Prohibited. No sign, other than those approved by the governmental entity having jurisdiction and required for traffic safety, shall be placed, located or maintained within the right of way containing any street, highway or other improvement intended for utilization by vehicular traffic. 11231-0001\969891 v l.doc -2- 14.25.020. Temporary Signs on Private Property. The following provisions shall control the placement of temporary signs on private property, excepting those signs referred to in and governed by the provisions of Chapter 14.20 of this Municipal Code: A. Up to two signs advertising, identifying, displaying, or directing or attracting attention to a particular idea or event shall be placed on any parcel of real property. B. Any sign advertising, identifying, displaying, directing, or attracting attention to, or conveying an idea related to an event which is to occur on a certain date shall not be placed on a privately owned parcel of property more than 45 days prior to that date and shall be removed no later than 10 days after that date. C. The area of any face of a temporary sign located on a residentially zoned parcel of property shall not exceed six square feet. The area of any face of a temporary sign located on any parcel of private property zoned for non- residential use shall not exceed 32 square feet." Sec. 5. The City Clerk shall certify to the pass of this Ordinance. PASSED this day of 2008. Donald J. Kurth, M.D., Mayor 1, Debbie J. Adams, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2008, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS ATTEST: Debra J. Adams, City Clerk 11231-0001\969891vI.doc - 3 -