The URL can be used to link to this page

Home My WebLink About91-26 CC OrdinanceORDINANCE NO. 91-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMF~ULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO ADVERTISING REGULATIONS AND ESTABLI~qHING RF_~ULATIONS FOR THE USE OF AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLE 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 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 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 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. 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 Ords 91- 26 -1- 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: a. The city is proceeding in a timely fashion with the preparation of the general 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. 91-26 will be consistent with the general plan proposal being considered or studied or which will be studied with 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. City Ordinance No. 90-04 adopted by reference certain portions of the Non- Codified Riverside County Ordinances, including Ordinance No. 348. Article XIX of the Ordinance No. 348 is hereby amended to read as follows: "SECTION 19.8. TEMPORARY AMBIENT AIR BALLOONS. a. For the purpose of this Section, a temporary ambient air balloon shall mean a sign, not otherwise permitted by Article XIX, which is a temporary structure supported by forced cold air (non-helium), constructed of fabric materials, and affixed to the ground or roof top using steel cable anchoring systems. Such signs may be illuminated at night using electrical lighting systems. All such signs under this Section using electrical lighting systems shall be installed in conformance with the provisions of Riverside County Ordinance No. 655, adopted by reference by the City of Temecula, and all other applicable provisions of the Temecula Municipal Code regulating the installation of such electrical lighting systems. b. For the purpose of this Section, a site shall be defined as the following: O~ds 91- 26 -2- 1. One or more contiguous parcels of land identified by the Assessor's records wherein an individual building or an integrated building development has been approved. 2. A building wherein two or more separate independently owned or operated commercial, office or industrial businesses are contained. c. Notwithstanding any other provisions of this Section, temporary ambient air balloons and other similar inflatable are permitted only in commercial and industrial zones subject to the following limitations: 1. The maximum allowable size of any such sign shall be limited to no more than 1500 square feet, as measured at the cross section of the balloon used. 2. All such signs shall be ground mounted or roof mounted. The allowable height shall not exceed thirty (30) feet, as measured from the point of anchor to the highest portion of the balloon. 3. All such signs shall not be free-floating (tethered) nor constructed in a shape different from the "hot-air balloon shape~ typically depicted in the City of Temecula's Annual Balloon and Wine Festival. For example, such balloons in the shape of blimps or cartoon characters shall not be permitted. 4. All such signs shall be permitted to be displayed for a period not to exceed a total of fifteen (15) calendar days within any ninety (90) calendar day period. In lieu of the maximum allowable fifteen (15) calendar day period herein, a thirty (30) calendar say permit may be issued by the City during the month of the Temecula Annual Balloon and Wine Festival, if such event is held. 5. The number of signs proposed to be used shall be limited to no more than three (3) on any one site during any allowed time period as set forth in subparagraph c. 4. Spacing shall be a minimum of five hundred (350') feet between the ambient air balloons., In lieu of the maximum allowable three (3) signs on any one site and minimum three hundred fifty (350') foot spacing between balloons herein, the provisions of subparagraph c. 5. may be waived by the City during the month of the Temecula Annual Balloon and Wine Festival, if such event is held. 6. No such sign shall be erected, placed or maintained unless first approved by both the City Building Director and the City Planning Director. Approval shall be obtained by the submittal of an application and payment of required fees (to be established by Resolution). The application shall be a accompanied with drawing, utilizing the Site Plan, specifying the location of the sign to be approved with the specified dates of the proposed set-up and take down of the sign(s). Orda 91- 26 -3- 7. All such signs shall be removed no later than the last day permitted in the approved application. 8. No temporary ambient air balloon or similar inflatable shall be erected, placed or maintained so that it does any of the following: a. Mars, defaces, disfigures or damages any public building, structure or other property; and b. Endangers the safety of person or property. 9. Any temporary ambient air balloon erected, placed or maintained in violation of any provision of this Section may be removed by the City five (5) days after notice of the violation given to the owner, lessee or person in lawful possession of the property. Any temporary ambient air balloon which constitutes an immediate danger to the safety or person or property or which has not been removed within ten (10) days as provided in subsection c. 7., may be removed by the City summarily and without notice. The City may bring as an action to recover the reasonable costs of sign removal under this subsection." SECTION 3. Environmental Compliance. 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('o) (3). SECTION 4. Exemptions. Not withstanding the provisions of this Ordinance, should any party believe that they would suffer a hardship if not permitted to install an ambient air balloon, they may apply to the Planning Director for an exemption to this Ordinance. Such application for an exemption 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 hereon. SECTION 5. 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, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 6. 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. Orda 91- 26 -4- PASSED, APPROVED AND ADOPTED, this 23rd day of July, 1991. ATrEST: [SEAL] Ronald J. Parks, Mayor STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, doe hereby certify that the foregoing Ordinance No. 91-26 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of May, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 23rd day of July, 1991, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: I COUNCILMEMBERS: Moore ABSENT: 0 COUNCILMEMBERS: None Ord,, 91- 26 -5- June S. Greek, City Clerk