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HomeMy WebLinkAbout91-29 CC OrdinanceORDINANCE NO. 91-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING INTERIM ZONING ORDINANCE NO. 91-17 PERTAINING TO REGULATIONS FOR OUTDOOR ADVERTISING DISPLAYS. WHEREAS, On December 1, 1989, the City of Temecula was established as a duly organized Municipal Corporation of the State of California. On said date, pursuant to the requirements of California Government Code Section 57376, the City Council of the City of Temecula adopted its Ordinance No. 89-01, thereby adopting, by reference, for 120 days the Riverside County Code, which contains the Land Use Regulations of the County of Riverside, and which Regulations are currently applicable to the establishment of all uses and development applications (including allowance of signage) within the City of Temecula. WHEREAS, Pursuant to Ordinance No. 90-04, the City readopted Ordinance No. 348 of the County of Riverside as the Land Use Regulations for the City of Temecula; WHEREAS, As part of its review of new and potential development within the City of Temecula, the City Council examined the Southwest Area Community Plan (SWAP) portion of Riverside County General Plan as it has pertained to development in the City of Temecula. Such examinations revealed that said SWAP may not provide an appropriate development scheme for the City of Temecula, and consequently, the City Council adopted SWAP as planning guidelines until the City could adopt its own General Plan. All action on development applications since incorporation, as to required consistency with the adopted General Plan, has taken place pursuant to the terms and provisions of California Government Code Section 65360. WItEREAS, In recognition of the need for effective long range planning criteria, the City Council commenced within the time limits prescribed for adoption of a General Plan, the study and formulation of a General Plan for the City of Temecula. A material part of said General Plan Study will be the review and development of effective criteria to regulate all forms of signage within the City of Temecula. WHEREAS, Ordinance No. 348 of the Riverside County Code (hereinafter referred to as the "Land Use Code") currently provides for the approval and establishment of "Outdoor Use Advertising Displays" within the City of Temecula. The Land Use Code defines an "Outdoor Advertising Display" as "the advertising structure and signs used for outdoor advertising purposes, not including on-site advertising as hereinafter defined" Orda 91-29 -1- WHEREAS, In the near future there could be certain applications for such Outdoor Advertising Displays, the approval of which would not conform to the contemplated General Plan scheme of development in the City of Temecula and would contradict the specific purposes for the adoption of a unified General Plan. Moreover, pending completion of the General Plan, it is foreseeable that further outdoor advertising display proposals will be submitted for property within the City which would contradict the ultimate goals and policies of the proposed General Plan; WHEREAS, This Council is concerned about the maintenance of the visual aesthetic quality of the City of Temecula, and with the creation of an orderly and balanced development scheme within the City of Temecula. Accordingly, to protect the integrity of the ultimate General Plan and to assure the continued development stability of property within the City of Temecula, this Council finds that it is necessary to investigate and formulate the ultimate plan of development for the City of Temecula as encompassed within the terms and provisions of the General Plan; and WI-IEREAS, Pursuant to ordinance No. 90-08, the City Council of the City of Temecula enacted an interim zoning ordinance, which expired on June 8, 1990, pursuant to California Government Code Section 65858; WItEREAS, Pursuant to Ordinance No. 90-09, the City Council of the City of Temecula extended Interim Zoning Ordinance No. 90-08, which expires on April 24, 1991 pursuant to California Government Code Section 65858; and WltEREAS, Pursuant to Ordinance No 91-17 the City Council of the City of Temecula extended Ordinance No. 90-09 pursuant to Government Code section 65858 which expires April 23, 1992; WHEREAS, All legal prerequisites prior to the adoption of this Ordinance have occurred; NOW, THEREFORE, the City Council of the City of Temecula does hereby ordain as follows: SECTION 1. The City Council hereby specifically finds that all of the facts set forth above are true and correct. SECTION 2. The City Council further finds as follows: (a) The City of Temecula is presently developing a General Plan for development of the City of Temecula. The ultimate goal of the General Plan is to provide a balanced and unified plan of development within the City of Temecula and will ultimately upgrade Ords 91-29 -2- the economic, social, and cultural welfare of persons and properties within the City of Temecula. A material portion of the General Plan Study will be the formulation and establishment of regulations for signage, including primary signs, in the City of Temecula. (b) There is the potential for certain applications for the establishment of Outdoor Advertising Displays, the approval of which would contradict the ultimate goals and objectives of the General Plan. Moreover, pending completion of the General Plan it is foreseeable that further such applications will be received which may further contradict such goals and objectives of the General Plan; and, (c) Pending approval of the General Plan, and associated Land Use Code Regulations concerning signage, the approval of any further sign location plans, plot plans, or other discretionary entitlement for Outdoor Advertising Displays, would result in immediate threat to the public health, safety or welfare of persons and properties within the City of Temecula. SECTION 3. The following interim zoning regulations are hereby adopted. (a) Pending the completion and adoption of the General Plan of the City of Temecula together with associated signage regulation for the Land Use Code for the City of Temecula, the establishment of Outdoor Advertising Displays is hereby prohibited and no application for sign location plan, plot plan, or other applicable discretionary entitlement for a Outdoor Advertising Display shall be accepted, acted upon, or approved. for: (b) The provisions of subparagraph 3 (a), shall not apply to any application 19.5) (I) Onsite Advertising Structures and Signs (Ordinance 348, Section (ii) Subdivision signs (Ordinance 348, Section 19.6) (c) Other than expressly provided in this Ordinance, all other applications for signage shall be processed and acted upon pursuant to the normal and customary provisions of the Land Use Ordinance of the City of Temecula. SECTION 4. Not withstanding the provisions of this Ordinance, should any party believe that they would suffer a hardship if not permitted to build an outdoor advertising display, they may apply to the Planning Director for an exemption to this Ordinance. Such an application shall be reviewed by the Planning Commission for a recommendation to the City Council. Such exemption may be granted by the City Council only after due notice and public hearing thereon. Ords 91-29 -3- SECTION 5. This Ordinance is enacted under the authority of the California Government Code Section 65858 (b) and shall be of no further force and effect one (1) year from the date of adoption of this Ordinance unless the City Council has extended this Ordinance in the manner as provided in said Section 65858 (b). SECTION 6. The City Clerk shall certify to the adoption of this Ordinance an shall cause the same to be posed in three (3) public places. PASSED, APPROVED AND ADOPTED this 27th day of August, 1991. Ronald J. Parks, Mayor AT'FEST: [SEAL] Ord,, 91-29 -4- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance 91-29 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 6th day of August, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 27th day of August, 1991, by the following roll call vote: AYES: 4 COUNCILMEMBERS: Lindemans, Mufioz, Birdsall, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore reek, City Clerk Orda 91-29 -5-