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HomeMy WebLinkAbout90-08 CC OrdinanceORDINANCE NO 90-08 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING AN INTERIM ZONING ORDINANCE PERTAINING TO REGULATIONS FOR OUTDOOR ADVERTISING DISPLAYS PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858(b) AND MAKING FINDINGS IN SUPPORT THEREOF 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 as the Ordinances of the City of Temecula Ordinance No. 348 of 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 the 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; WltEREAS, As part of its review of new and potential development within the City of Temecula, the City Council examined the Southwest Area Community Plan (S.W.A.P.) portion of Riverside County General Plan as it has pertained to development in the City of Temecula. Such examination revealed that said S.W.A.P. may not provide an appropriate development scheme for the City of Temecula, and consequently, the City Council adopted the S.W.A.P. 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. WHEREAS, In recognition of the need for effective long range planning criteria, the City Council commenced within the time limits prescribed for adoption of 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 348 of the Riverside County Code (hereinafter referred to as the "Land Use Code") currently provides for the approval and establishment of "Outdoor 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 signs as hereinafter defined", WHEREAS, In the near future there could be certain applications for such Outdoor Ords 90-08 I 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 establish interim zoning policies concerning such signage to allow staff the time 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 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 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, Pending approval of the General Plan, and associated Land Use Code Regulations concerning signage, the approval of any further sign location Ords 90-08 2 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. (b) The provisions of subparagraph 3 (a), shall not apply to any application for: (I) Onsite Advertising Structures and Signs (Ordinance 348, Section 19.5) (ii) Subdivision Signs (Ordinance 348, Section 19.6) Other than as 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. This Ordinance is enacted under the authority of California Government Code Section 65858(b) and shall be of no further force and effect forty-five (45) days 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 5. This Ordinance is hereby declared to be an urgency measure pursuant to the terms of California Government Code Sections 65858 and 36937(b), and this Ordinance shall take effect immediately upon its adoption. Ords 90438 3 SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places. APPROVED AND ADOPTED on this 24th day of April, 1990. Ronald J. Parks, Mayor ATTEST: [SEAL] Ords 90-08 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No. 90-08 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 24th day of April, 1990, by the following roll call vote. AYES: 4 COUNCIL MEMBERS: Birdsall, Lindemans, Moore, Munoz NOES: 1 COUNCIL MEMBERS: Parks ABSENT: 0 COUNCIL MEMBERS: NONE June,"S~eek, Deputy City Clerk Ords 90-08 5