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HomeMy WebLinkAbout93-09 CC OrdinanceORDINANCE NO. 93 -09 ' AN ORDINANCE OF THE TEMECULA CITY COUNCIL ESTABLISHING REGULATIONS FOR THE USE OF OUTDOOR ADVERTISING DISPLAYS 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 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 at the current time. 2. There is little or no provability 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 Country 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 are 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 title, each of the following: 1. There is reasonable probability that this Ordinance No. 93 -09 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. 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: 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 businesses and should 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 - premise 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. ' Section 5. Exempt Outdoor Advertising Displays The provisions of this Ordinance shall not apply to any application for: A. Directional Signs, as defined in Chapter 5 of the Temecula Municipal Code. B. On -site advertising structures and sign (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). C. Non - commercial off - premises advertising structures and signs, subject to the following design and performance standards: less; 1. Square footage of the sign board is limited to twelve (12) square feet or 2. There shall be no more than one (1) sign board per parcel; 3. Total height of a ground - mounted sign and supporting structure shall not exceed six (6) feet; 4. 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, which do not conform to the requirements of the provisions of this Ordinance for the particular zone in which they are located, 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. Effective Date This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 9. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, of section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 10. Environmental Compliance, The City Council hereby finds that this project hoes not have a potential for causing s significant affect on the environment. Therefore, the project is exempt from the California Environmental Quality Act under Section 15061 (b) (3). ' Section 11. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by laws. PASSED, APPROVED AND ADOPTED this 11th day of May, 1993. ATTEST: ftmd'S� Greek, City Clerk [SEAL] 1 J. Sal Muiio , Mayo ' 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 No. 93 -09 was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Temecula on the 13th day of April, 1993, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 11th day of May, 1993, by the following roll call vote: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Munoz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ' June S. Greek, C -iy Clerk