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HomeMy WebLinkAbout08-23 - Resolutions RESOLUTION NO. 08-23 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 adopted a resolution that recommended approval for DRC2007-00495, which was forwarded to the City Council for consideration. 3. On the 20th day of February 2008, the City Council of the City of Rancho Cucamonga reviewed the item as forwarded by the Planning Commission by Resolution. During this duly noticed public hearing on the application,the City Council directed that the item be continued indefinitely so that it could be revised to include additional standards and then brought back to the City Council Temporary Sign Subcommittee and Planning Commission. 4. On the 14th day of May 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the revised Temporary Sign Ordinance and concluded said hearing on that date. 5. 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 May 14, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the 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: PLANNING COMMISSION RESOLUTION NO. 08-23 DCA DRC2007-00495 - CITY OF RANCHO CUCAMONGA May 14, 2008 Page 2 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 Municipal Code; 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. 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 Staff's 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. APPROVE AND ADOPTED THIS 14TH DAY OF MAY 2008. PLANNING CO MISSION OF THE CITY OF RANCHO CUCAMONGA BY: PJI§A�y Pam art, Chairman ATTEST: Jam R. Troyer, AICP, Secretdry 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 14th day of May, 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 CITY 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, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) It is this Council's intent and goal in adopting this Ordinance to clarify existing regulations regarding temporary signs within street rights of way. This City 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 City 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 City Council hereby adopts regulation set forth in this Ordinance pertaining to such signs. It is the purpose and intent of this City 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 City Council of the City of Rancho Cucamonga does hereby ordain as follows: Sec. 1 . The City Council hereby finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. Sec. 2. 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." Sec. 3. Section 14.16.010(P) of the Rancho Cucamonga Municipal Code hereby is amended to read as follows: 11231-0001\1053670v2.doc 1 - "P. Political signs having to do with any issue, ballot measure, or candidate in any municipal, county, state or federal election or political statements and expressions shall be permitted in any zoning district subject to the following provisions and any other applicable provisions within this title: 1. Any person, party, or group posting political signs in the city shall abide by the provisions set forth in this title, 2. All political signs shall be placed no earlier than forty five days prior to the election and shall be removed not later than seven days following the date of election, 3. A political sign shall not exceed the size outlined in section 14.25.020(C) of this code in total area for one side. No signs shall be placed in a manner that would obstruct visibility of pedestrian or vehicle traffic, 4. All political signs shall not exceed an overall height of eight feet from the finished grade. Signs used for identification of political headquarters shall comply with the provisions of this title, 5. The placement of any signs, whether on public or private property, shall not cause public safety or health hazards, 6. No political signs shall be placed or fixed to a tree, fence, or utility pole, and shall not be posted on any public property or in the public right-of-way without approval by the city engineering division, 7. No political sign shall be posted in violation of any provisions of this title." Sec. 4. 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; 11231-0001\1053670Q.doc -2- E. Vehicle signs; F. Portable signs, except where permitted in this title' G. Off- site signs, except temporary directional signs as provided for in this title H. Signs on the public right-of-way, except temporary directional signs and political signs as provided for in this title and signs required by a governmental agency I. Signs blocking doors or fire escapes; J. Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots; K. Banners, flags, pennants and balloons, except for special events as provided for in this title; L. Advertising structures, except as otherwise permitted in this title; M. Obscene matter." Sec. 5. Chapter 14.25 hereby is added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 14.25 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. Only one sign 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." 11231-0001\1053670v2.doc -3 - Sec. 6. The City Clerk shall certify to the pass of this Ordinance. PASSED this day of 12008. Donald J. Kurth, M.D., Mayor I, 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 2007, 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\1053670v2.doc -4-