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Home My WebLink About91-40 CC OrdinanceORDINANCE NO. 91-40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER FOUR TO THE TEMECULA MUNICIPAL CODE PERTAINING TO ADVERTISING REGULATIONS AND ESTABLISHING REGULATIONS FOR THE USE OF DIRECTIONAL SIGNS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findirtgs. That the Temecula City Council hereby makes the following findings: Pursuant to the Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (a) The city is proceeding in a timely fashion with the preparation of the general Co) The planning agency finds, in approving projects and taking other actions, each of the following: (1) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is a little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. Ords 91-40 -1- The proposed land use regularions are consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: (a) general plan. The City is proceeding in a rimely fashion with the preparation of the (b) The City Council finds, in adopting land use regulations pursuant to this rifle, each of the following: (1) There is reasonable probability that Ordinance No. 91-40 will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. There is an unsightly and confusing proliferation of off-site directional signs, relating to new residential development projects, including new rental projects (hereinafter referred to as "development projects"), and other business. Development projects by their very nature are most frequently located in areas where streets and highways are newly constructed. Such thoroughfares are seldom shown on maps available to persons seeking to purchase new homes; and, consequently, developers use signs, to aid such persons in locating their subdivisions. The result is a proliferation of signs which are: (1) unsightly and damaging to the appearance of areas such as that which is the subject of this ordinance; (2) confusing to individuals; and, (3) unsafe in that drivers of motor vehicles while searching for subdivisions or signs giving direction thereto, are distracted from the operation of their vehicles. Directional signs are needed by developers to a greater degree than other businesses because development project sales are ordinarily conducted for a relatively limited period of rime for any particular location, that is, only until all units in the subdivision are sold. Thus, listings in such conventional media as telephone yellow pages are impractical. While other media such as broadcast media and newspapers are available, and maps could be disseminated in only some of such media, the most efficient method of directing prospective purchasers to development projects is the use of directional signs posted at intersections and other critical locations. Businesses with more permanent sales locations do not share these problems and, thus, have less need of directional signs. Ords 91-40 -2- SECTION 2. Chapter 4 is hereby added to the Temecula Municipal code, which shall read as follows: Chapter 4 "Directional Signs". PURPOSE. The purpose of this ordinance is to provide a uniform, coordinated method of offering developers a means of providing directional signs to their projects, while minimizing confusion among prospective purchasers who wish to inspect development projects, while promoting traffic safety and reducing the visual blight of the present proliferation of signs. AUTHORITY. This ordinance is adopted pursuant to the State Planning and Zoning law, Business and Professions Code, Section 52301 and Streets and Highways Code, Section 1460. DEFINITIONS. For purposes of this Ordinance, the following words, terms, phrases, and their derivations, shall have the meanings given herein. When consistent with the context, words used in the present these singular include the plural. (1) "City" shall mean the City of Temecula. (2) "Contractor" shall mean a person, persons, firm or corporation authorized by a license agreement to design, erect and maintain directional and kiosk signs within the City. (3) "Directional Sign" shall mean any off-site free standing, non-flashing sign which is designed, erected, and maintained to serve as a public convenience in directing pedestrian and vehicular traffic, but not used for the purpose of advertising uses and activities on site. (4) "Kiosk" shall mean a free standing, multiple sided, structure whose main purpose is to display signs or information. (5) "Off-site Sign" shall mean any sign which is not located on the business or activity site it identifies. (6) "Person" shall mean an individual, firm, parmership, joint venture, association, corporation, estate, trust, syndicate, district or other political subdivision, or any other group acting as an independent unit. (7) cross at the same grade. (8) "Street Intersection" shall mean where two or more streets or roads "Street or Road" shall mean the following: Ord~ 91-40 -3- (a) Arterial (Urban) Highway - A Six lane divided highway with a 134 foot Right-of-Way. foot Right-of-Way. Arterial Highway - A six lane divided highway with a 110 (c) Major Highway - A highway with a 100 foot Right-of-Way. Way. (d) Secondary Highway - A highway with an 88 foot Right-of- REQUIREMENTS FOR DIRECTIONAI. SIGNS AND KIOSK STRUCTURFS. Notwithstanding any other provisions of this Section, directional signs shall be permitted in all zone classifications subject to the following limitations: (1) Directional signs shall not obstruct the use of sidewalks, walkways, bike and hiking trails; shall not obstruct the visibility of vehicles, pedestrians or traffic control signs,; shall, where feasible, be combined with advance street name signs; shall not be installed in the immediate vicinity of street intersection; and shall be limited to not more than three (3) structures between street intersections. (2) Sign structures shall be ladder type with individual sign panels of uniform design and color throughout the City limits. (3) Sign structures shall not exceed 12 feet in height. (4) The width of sign structures and sign panels shall not exceed 5 feet. (5) Sign panels shall not be illuminated. (6) Sign structure installations shall include "break away~ design features where required in fight-of-way areas. (7) No signs, pennants, flags, other devices for visual attention or other appurtenances shall be placed on the directional signs. (8) The sign panel lettering for tract identification shall be uniform. (9) All signs erected on private property must have written consent from the property owner with the City to have a fight to enter property to remove any signs not in conformance. Orals 91-40 -4- (10) The City, and its officers and employees, shall be held free and harmless of all costs, claims, and damages levied against them. (11) Department permits. All signs must have applicable Building and Safety and Planning (12) Placement of signs must be in accordance with permit specifications. permit. (13) All signs within a public right-of-way must have an encroachment DIRECTIONAl. SIGNS PROHIRITED. Directional and kiosk signs, including travel direction signs, other than those on-site, are prohibited except as provided in this ordinance. AUTHORITY TO GRANT I,ICENSE. The City Council may, by duly executed license agreement, grant to a qualified person the exclusive right to design, erect and maintain directional and kiosk signs within the entire City, or any designated portion thereof. Licensees shall be selected by soliciting request for proposals. Notwithstanding the foregoing, any person erecting or placing directional signs or kiosk signs on-site shall not be required to obtain a license. TERM. The term of each license shall be set forth in the license agreement. D1RECTIONAI. SIGNS STRUCTURFS: OPERATION. Licensec(s) shall make directional sign panels available to all persons or entities selling subdivisions (hereinafter referred to as "Subdivider") on a first-come, first-service basis. No sign panels shall be granted to any subdivider for a period of excess of two years. However, a subdivider who is soliciting sales of more than two subdivisions within a single planned community or a specific plan area shall not be subject to the two-year limitation during such solicitation. Licensec(s) shall maintain a separate waiting list for each sign structure. Alternatively, a subdivider may apply to licensec for a sign panel program consisting of a single sign panel on each of a series of sign structures as needed to guide prospective purchasers to his subdivision. A subdivider whose time of use for a sign panel or sign space program has expired, may reapply and shall be placed on the waiting list in the same manner as a new applicant. EXISTING SIGN PERMITS. No sign permit, use permit, or other permit authorizing placement of a directional sign issued on or before the date of adoption of this Ordinance by the City Council shall be invalidated hereby, but shall remain valid for the period for which it was issued. Any such permit issued after the date of adoption of this Ordinance by the City Council, which would not be permitted under this Ordinance shall be of no further force or effect after the effective date of this Ordinance. Ords 91-40 -5- SFCTION 3. Penalties. It shall be unlawful for any person to violate any provision of this Ordinance. Any person violating any provision of this Ordinance shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted. SECTION 4. The City Clerk shall certify the adoption of this Ordinance. PASSED, APPROVED AND ADOFrED this 12th day of November, 1991. Ronald J. Parks, Mayor ATTEST: [SEAL] Ords 91-40 -6- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, DO HEREBY CERTIFY that the foregoing Ordinance No. 91-40 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 22nd day of October, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day of November, 1991, by the following roll call vote: AYES: 5 COUNCILMEMBERS: Moore, Lindemans, Munoz, Birdsall, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None J~. Greek, City Clerk Ords 9140 -7-