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Home My WebLink About92-07 CC OrdinanceORDINANCE NO. 92-07 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PERTAINING TO SIGN REGULATIONS AND ESTABL[qHING REGULATIONS FOR THE USE OF OUTDOOR ADVERTISING DISPLAYS. WHEREAS, the City Council of the City of Temecula hereby finds that the proposed Outdoor Advertising Displays Ordinance will provide for the establishment of regulations for outdoor advertising displays in a fair and equitable manner, and WHEREAS, the City Council of the City of Temecula further fmds that the proposed Outdoor Advertising Displays Ordinance is necessary to bring about eventual conformity with its land use plans, and THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings That the Temecula City Council hereby makes the following findings: Pursuant to 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 Plan. B. The planning agency finds, in approving projects and taldng 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 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. Ords 92-07 - 1- 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. The proposed land use regulations axe consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: C. The City is proceeding in a timely fashion with the preparation of the General Plan. D. 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. 92-07 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. Section 2. Purpose The purpose of this Ordinance is to set forth the development standards for the installation and maintenance of outdoor advertising displays within all land-use zones of the City. The purpose of these regulations is to ensure that the design and location of outdoor advertising displays are consistent with the health, safety, and aesthetic objectives of the city. It is a desire of the City that the design of this community be of the highest quality, that new development be architecturally distinctive as well as homogeneous in design, and that accessory facilities be compatible with the overall theme. The quality of signage plays a very distinctive role in achieving the above desire, when abused, signs can create a visual blight which detracts from the quality of the environment and an individual's visual perception of the City. Recognizing that the primary purpose of signs is proper business identification, the regulations of this Ordinance are enacted to: Ords 92-07 -2- A. Ensure that signs erected within the City are compatible with their surroundings and are in keeping with the policies of the City; B. Provide for the identification of business enterprises only and shall not be used for advertising purposes; C. Promote traffic safety and community identity while also enhancing the quality of the visual environment of the City; and D. Establish regulations which control outdoor advertising displays within the City. Section 3. Definitions For purposes of this Ordinance, the following words, terms, phrases, and their derivations, shall have the meanings given herein. Then consistent with the context, words used in the present tense singular include the plural. A. "Commercial Off-Premise Sign" means any sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which the sign is located. A commercial off-premise sign may be commonly known or referred to as an off-premises billboard. B. "Non-Commercial Off-Premise Sign' means any sign structure exhibiting non- commercial speech or message in lieu of commercial sign copy; and any sign structure exhibiting non-commercial signing unrelated to the buying or selling of commodities or anything involved and practiced. Section 4. Prohibited Signs The establishment of the following outdoor advertising displays are hereby prohibited and no application for sign location plan, plot plan, or other application discretionary entitlement for a outdoor advertising display shall be accepted, acted upon, or approved: A. Commercial off-premises signs, provided that upon a finding of hardship made by the Planning Commission, following a noticed public hearing, a commercial off-premises sign may be approved subject to compliance with the provisions of Riverside County Ordinance No.348 Article XIX. Section 5. Exempt Outdoor Advertising Displus The provisions of this Ordinance shall not apply to any application for: A. Directional Signs, as deftned in Chapter 5 of the Temecula Municipal Code. B. On-site advertising structures and signs (Ordinance 348, Section 19.5 of the non- codified ordinances of the County of Riverside and adopted by the City of Temecula under Ordinance No. 90-04). Ords 92-07 -3- C. Subdivision signs (Ordinance No. 348, Section 19.6 of the non-codified ordinances of the County of Riverside and adopted by the City of Temecula under ordinance No. 90-04). D. Non-commercial off-premises advertising structures and signs, subject to the following design and performance standards: 1. Square footage of the sign board is limited to twelve (12) square feet or less; 2. There shall be no more than one (1) sign board per parcel; six (6) feet; 3. Total height of a ground-mounted sign and supporting structure shall not exceed 4. A building-mounted sign shall not extend above the eave or parapet line and; 5. No sign shall be illuminated. Section 6. Non-conforming Outdoor Advertising Displays All outdoor advertising displays, in any zone, lawfully constructed and erected prior to the effective date of this Ordinance, which do not conform to the requirements of the provisions of this Ordinance for the particular zone in which they are locatexl, shall be accepted as non-conforming sign. Section 7. To the extent the provisions of this Ordinance conflict with any provisions of Article XIX of Ordinance No. 348 the provisions of this Ordinance shall apply. Section 8. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and it for any reason a court of competent jurisdiction shall hold any sentence, tmagraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 9. F, nvironmental Conlpliance. The City Council hereby finds that this project does not have a potential for causing a significant affect on the environment. Therefore, the project is exempt from the California Environmental Quality Act under Section 15061 (b) (3). Section 10. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by laws. This Ordinance is adopted pursuant to Government Code Section 36937(b) and is hereby declared an urgency measure and shall take effect imm~i_ately. The basis of the urgency is that failure to implement these regulations immediately may result in the establishment of signs in violation of this Ordinance. Such signs would become legal non-conforming uses and interfere with the implementation of the future general plan. This Ordinance shall expire upon one year following its effective date. Ords 92-07 -4- PASSED, APPROVED AND ADOPTED this 14th day of April, 1992. Patricia H. Birdsall, Mayor ATTEST: [SEAL] 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 Urgency Ordinance No.92-07 was duly adopted at a reg.lar meeting of the City Council of the City of Temecula on the 14th day of April, 1992, by the following roll call vote: 4 COUNCILMEMBERS: Moore, Lindemans, Parks, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mufioz J~~r~k, City ~lerk oo.~3 Ords 92-07 -5-