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HomeMy WebLinkAbout930 - Ordinances - MUNICIPAL CODE REGARDING SIGNS ORDINANCE NO. 930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING SIGNS ON PUBLIC PROPERTY AND THE PUBLIC RIGHT OF WAY 1. Recitals. A. Without adequate regulation signage can endanger the public, distract drivers, create confusion and foster a negative image of the City on the part of the public. Moreover, excessive signage can damage view corridors, diminish property values and detrimentally affect the quality of life of City residents and visitors. B. This Ordinance consolidates, clarifies and updates the City's sign regulations as they relate to public property, including public rights-of-way. This Ordinance does not adopt or amend any ordinance or regulation that regulates or prohibits the use of any on-premises advertising display. C. In developing this Ordinance, the City Council has been mindful of developments in the law since the last amendment of the sign regulations. The City Council intends that this Ordinance continue the City's long-standing practice of regulating signage to advance the City's interests in traffic safety and community aesthetics. This Ordinance is intended to provide reasonable sign regulations that advance these interests without making reference to, or imposing any regulation based on the content of signs, or the messages that they convey. D. The sign regulations imposed under this Ordinance are a matter of citywide importance and are not directed towards any particular business or property owner. E. All legal prerequisites to the adoption of this Ordinance have occurred. 2. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals of this Ordinance are true and correct. SECTION 2. Chapter 17.72.020 ("SIGN REGULATIONS FOR PUBLIC PROPERTY") of the Rancho Cucamonga Municipal Code is hereby amended in its entirety to read as follows: CHAPTER 17.72 SIGN REGULATIONS FOR PUBLIC PROPERTY Ordinance No. 930 - Page 1 of 7 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 et seq. Section 17.72.020 General prohibition. Unless specifically authorized by this chapter, no signs may be displayed on city property by private parties. Section 17.72.030 Signs allowed on city property. The following signs may be erected and displayed on city property: A. Signs erected by the City or another governmental unit. B. Signs allowable under section 17.72.040 (Personally Attended Signs), 17.72.050 (Street Banner Program), 17.72.060 (Community Directional Wayfinding Signs), 17.72.070 (Posted Signs in the Public Right-of-Way) and 17.72.080 (Commercial signs Posted in Public Streets) of this chapter. Section 17.72.040 Personally Attended Signs. In areas qualifying as public forums, private persons may display noncommercial message signs thereon, provided that such signs conform to all of the following: A. The signs must be personally held by a person or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet of the sign at all times. B. The signs may be displayed only during the time period of sunrise to sunset, except on occasions when the city council and/or the planning commission are holding public hearings or meetings; on such occasions, the display period is extended to 30 minutes after such meeting is 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. Ordinance No. 930 - Page 2 of 7 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 17.72.070.D. Section 17.72.050 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 procedures for the display of street banners. In furtherance of this program, the city council established program policies and administrative criteria for the operation of the program, selection of designated street banner locations, and applicant procedure and approval process, including terms and conditions. Section 17.72.060 Community directional wayfinding signs. The intent of this program is to provide assistance to motorists and pedestrians in navigating the city and providing access to, for example, tourist-oriented destinations, regional attractions, parks, historic and cultural sites, and other public venues within city limits. In furtherance of this program, the city council shall establish program policies and administrative criteria for the operation of the program, selection of destinations to identify through the program, and sign location and design criteria. Section 17.72.070 Posted signs in public streets. In public streets, including public street frontage, private persons may display noncommercial and commercial message signs thereon, provided that such signs conform to all of the following: A. Signs shall be freestanding and not affixed to any existing structure, including but not limited to poles, posts, permitted signs, or utility boxes. B. Signs shall not obstruct any existing, permitted, permanent sign. C. Signs shall not exceed nine (9) square feet in total area. The sign's height shall not exceed 36 inches above 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 Ordinance No. 930 - Page 3 of 7 "clear visibility triangle", as defined in Chapter 17.126 and depicted in Figure 17.72.070.D., shall be considered hazardous and are prohibited. FIGURE 17.72.070.D. EXTENDED AREA OF CLEAR VISIBILITY TRIANGLE I I I Rooc Righl-of-Wcs Line or Edge of Ori�e*oy. I I I signs are I . �� � m hatchedd crr.,. �� vx I • Road R ht-or-Hcy Line. J L_20._ E. Signs are prohibited on right-of-way immediately adjacent to city property, including but not limited to parks, community centers, city facilities or unimproved parcels. F. No more than one sign containing two display faces is permitted on each side of a public street on each city block. For purposes of this section, a city block shall be the street frontage located between roadway intersections, dead ends, cul- de-sacs, or a turn in the roadway alignment of 45 degrees or more. G. Signs which have become worn, faded, weathered, torn or dilapidated in any way shall be repaired or removed immediately by the owner or responsible party. H. Signs posted in the same location continuously for longer than 24 hours shall be limited to two periods of display per calendar year, provided that they may be posted for a maximum of 60 days at any one time and at least 60 days shall separate the conclusion of the first 60-day term and the beginning of the second 60-day term. Each sign shall be marked with the date the sign was posted. I. Signs posted on a daily basis shall be displayed for no more than 12 hours in each 24 hour period. Such signs shall be displayed for no more than 90 days per calendar year, whether consecutive or intermittent days. J. Signs advertising or promoting a particular event, including commercial and non- profit events and elections, shall be promptly removed no later than forty-eight (48) hours after the event's conclusion or, in the event it is cancelled, its cancellation. Signs that have not been removed within the required period shall be subject to immediate abatement by the City. Section 17.72.080 Commercial signs posted in the public right-of-way. A. Commercial signs shall conform to all provisions on Section 17.72.070 for size, manner and placement. Ordinance No. 930 - Page 4 of 7 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. 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 17.72.90 Removal of signs from the public right-of-way and city property. A. Any sign found in violation of this chapter may be summarily removed by the City as a trespass and a public nuisance. If the sign includes contact information for the sign's owner, then the city will make reasonable effort to contact the owner with information on how and where to retrieve collected signs. Signs shall be held by the City for collection by the owner for a period of thirty (30) days. Any signs not collected by the owner after thirty (30) days shall be disposed of by the City. B. The City shall not be responsible nor make restitution for any sign posted in violation of this chapter, whether or not the sign is removed by City staff. C. The person or organization responsible for placing a sign in the right-of-way or city property shall assume all liability for damages to the sign or caused by the installation or display of the sign. SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective. SECTION 4. This Ordinance is exempt from 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. Ordinance No. 930 - Page 5 of 7 SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. Ordinance No. 930 - Page 6 of 7 PASSED, APPROVED, AND ADOPTED this 18th day of July, 2018. irr me is Michae `rayor ATTEST: • tiAu,c e. u v� Ja i e C. Reynolds, City C rk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, 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 20th day of June 2018, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 18th day of July 2018. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 19th day of July 2018, at Rancho Cucamonga, California. y et gredd J ice C. Reynolds, Cit Clerk Ordinance No. 930 - Page 7 of 7