HomeMy WebLinkAbout92-16 CC OrdinanceORDINANCE NO. 92-16
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 348
PERTAINING TO THE REGULATION OF TEMPORARY SIGNS.
THE CITY COUNCIL FOR THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. The City Council for the City of Temecula hereby finds the following:
A. That the City Council is authorized by Section 65850(b) of State Planning and Zoning
Law, to adopt ordinances regulating signs and billboards;
B. That there is a need to improve the competitiveness of service and commercial
businesses and maintain the aesthetic quality of all areas in the City;
C. That there is a need to provide specific and historically appropriate temporary signage
in the Old Town area;
D. That regulating temporary signage is an effective method to improve the aesthetic
quality of all areas in the City;
E. That the overuse of temporary signs results in visual clutter, the deterioration of the
City's commercial and service districts, and the inefficient use of business advertising resources;
and that;
That the City is proceeding in a timely fashion with the preparation of the general plan
1. There is a reasonable probability that this Ordinance will be consistent with the
general plan proposal now being considered and studied.
2. There is little or no probability of substantial detriment to or interference with
the future general plan if this Ordinance is ultimately inconsistent with the plan.
3. There is litfie or no probability of substantial detriment to or interference with
the future Old Town Specific Plan if this Ordinance is ultimately inconsistent with the plan.
4. That this Ordinance complies with all the applicable requirements of State law
and local ordinances; and,
Ords 92-16 -1-
G. That pursuant to City Ordinance 90-04, the City Council adopted by reference
Riverside County Ordinance No. 348, which the Council has subsequently amended through various
City Ordinances;
Section 2.
as follows:
Section 19.2 of Article XIX of Ordinance No. 348 is hereby amended to read
~t. "Temporary Sign ~ means a sign which is made of cloth, bunting, plastic,
vinyl, poster board, painted windows, or other similar materials, and which is located on site of the
business use or activity, and is erected or placed for a prescribed period of time to promote, advertise,
announce, or provide the following information:
(1) Designates, identifies or indicates the name of the business,
owner, or occupant of the premises where the sign is located; or,
(2) Advertises the business conducted, the services available or
rendered, or goods produced, sold, or available for sale upon the premises where the sign is located.
For the purpose of this Ordinance, temporary signs do not include For Sale, Lease or For Rent Signs
(which are regulated by Section 19.5), Temporary Signs (which are regulated by Section 19.7), or
seasonal window displays than contain traditional holiday characters and messages and which are
intended to create or enhance holiday character of an area and do not reference or display service
available or rendered, or goods produced, sold or available for sale.
u. "Promotional Sign" means a temporary sign intended to attract attention
to a use or activity for a limited number of events as identified in this ordinance.
v. "Window Sign" means any written representation, emblem or other
character, or sign which is painted, attached, glued, or affixed to a window or is otherwise easily
visible from the exterior of the building where the advertised product or service is available.
w. "Interim Sign" means a temporary sign intended to provide interim
signage while the permanent signage is being fabricated, repaired, or prepared for installation.
x. ~Special Event Sign" means a temporary sign for special community
activities or seasonal events. By way of example only, such activities or events may include charitable
and community fund raising events, Christmas tree sales, the tractor races, or the annual Temecula
wine and balloon festival.
y. "Grand Opening Sign" means a temporary sign, beating the words "Grand
Opening", or some similar message to announce the opening of a new business.
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z. "Temporary Sign Event" means any number of consecutive days, up to
fifteen (15), for the display of any promotional sign.
aa.. "Portable Sign" means a sign not designed to be attached to a building
or permanent structure, vehicle or trailer. Examples of portable signs include, but are not limited to:
A-Frames, also known as sandwich boards, and T-Frames, also known as springloaded signs.
bb. "Vehicle Mounted Sign" means any temporary sign attached or mounted
on any vehicle or Wailer, whether or not the tires and wheels are still attached, and whether or not any
such vehicle has an engine or other internal combustion machine contained within it.
cc. "Historic Old Town Temecula" means the area within the City of
Temecula that is bounded by: Mercedes Street on the east, 1st Street on the South, the channel of
Murrieta Creek on the west, and the Intersection of Moreno Road and Mercedes Street on the north.
Section 3.
as follows:
Section 19.2 of Article XIX of Ordinance No. 348 is hereby amended to read
Section 19.9 TF. MPORARY SIGNS. No person shall erect, place, or install any
temporary sign that is in violation of the provisions of this Article,
A. Permit Required. A temporary Sign Permit shall be required prior to the placing,
erecting, or installing of any promotional, special event, grand opening, or interim sign. All such
temporary signs shall comply with the provisions of this ordinance and all other applicable laws and
ordinances. An application for a permit shall be made on the forms and in the manner specified by
the Director of Planning and shall be accompanied by the required fees or removal bond set by
resolution of the City Council. The following procedure shall govern the application for, and issuance
of, all temporary sign permits under this Article:
1. Within ten (10) working days of receipt of a completed application for a
Temporary Sign Permit, the Director of Planning shall either:
a. Issue the Temporary Sign Permit, if the sign(s) that is the subject of the
application conforms in every respect with the requirements of this Article; or
b. Deny the Temporary Sign Permit if the sign(s) that is subject of the
application fails in any way to conform with the requirements of this Article. The Director of
Planning shall specify in any denial the section or sections of the Article with which the sign(s) is
inconsistent.
2. In addition to the temporary sign standards listed in this section, the Director of
Planning may attach to any Temporary Sign Permit conditions of approval deemed necessary to ensure
the compatibility with the surrounding area and to protect the public health, safety,or welfare.
Ords 92-16 -3-
B. Prohibitions. All Temporary Signs not expressly permitted by this Ordinance are
prohibited, including but not limited to the following:
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Portable signs, including, but not limited to animals, human beings, A-
Frames, T-Frames, and those of a similar nature located in the public right-
of-way or on public property.
Portable signs, including, but not limited to animals, human beings, A-
Frames, T-Frames, and those of a similar nature located on private property.
Vehicle mounted signs.
Pennants and streamers.
Promotional signs, except as permitted by this Section.
Interim signs, except as permitted by this Section.
Special event signs, except as permitted by this Section.
Grand opening signs, except as permitted by this Section.
Window signs occupying more that ten percent (10%) of the non-door
window area, except as permitted by this Section.
Flashing or rotating temporary signs.
Off-site temporary signs.
Temporary roof signs.
Temporary signs on public property or in the public right-of-way, except as
permitted under Section 19.9E of this Ordinance.
Temporary signs in Historic Old Town Temecula, except as permitted under
Section 19.10 of this Ordinance.
C. Promotional Signs. Promotional signs are permitted in the C-l, C-P, C-P-S, C-T, and
M-SC zones and shall comply with the appropriate requirements listed below:
1. For each use or business activity; only one (1) promotional sign may be allowed,
except that for a use or business activity with frontage on two or more arterial streets, up to two (2)
promotional signs may be allowed. Window signs occupying more than ten percent (10%), and not
greater that twenty five percent (25 %) of the non-door window area shall be considered equivalent to
one (1) promotional sign for purposes of this Section.
2. All promotional signs shall be located on the site where the use or activity is
located. The standards for the various types of promotional signs are as follows:
a. The maximum height of the top of any attached promotional sign shall
not exceed the top of the cave line or parapet wall of the building where the use or activity is located.
following requirements:
The dimensions of any promotional sign shall not exceed any of the
92-16 -4-
(1)
(2)
(3)
The surface area shall not exceed fifty (50) square feet.
The height (vertical dimension) shall not exceed three (3) feet.
The width (horizontal dimension) shall not exceed sixty percent
(60%) of the business or store frontage, whichever is smaller.
3. Promotional signs that are located on window surfaces shall not exceed twenty
five percent (25%) of the non-door window area, except that no permit shall be required for
promotional window signs that cover ten percent (10%) or less of the non-door window surface area.
4. The maximum duration for promotional signs, shall not exceed any of the
following prescribed time periods:
a. Up to two (2) consecutive Temporary Sign Events, (ie. thirty (30)
consecutive days); or,
b. A total of four (4) Temporary Sign Events per calendar year.
"D. Grand Openirlg, Interim and Special Event Signs. Grand opening and interim signs
are permitted in the C-I, C-P, C-P-S, C-T, and M-SC zones and shall comply with the appropriate
requirements listed below:
1. For each use or business activity; up to one (1) sign may be allowed. Except
for a use or business activity with frontage on two or more arterial streets, then up to two (2) signs
may be allowed.
2. Grand opening signs may be permitted once in the first ninety (90) days of
business operation.
3. Interim signs are for interim and emergency purposes and shall contain only the
business name and logo.
4. Special event signs for special events shall be located close to the activity or
event being advertised.
5. Signs for communitywide events and activities, such as the Tractor Races or the
Temecula Wine and Balloon Festival, are allowed only on the site of the proposed event and are issued
only to the organization o individuals organizing or promoting the event.
6. All Grand opening, interim and special event signs shall be attached to the
building where the use or activity is located and shall comply with the following requirements:
Orda 92-16 -5-
a. The maximum height of the top of any sign shall not exceed the top of
the eave line or parapet wall of the building where the use or activity is located.
requirements:
bo
The dimensions of any sign shall not exceed any of the following
(1) The surface area shall not exceed thirty (30) square feet.
(2) The height (vertical dimension) shall not exceed three (3) feet.
(3) The width (horizontal dimension) shall not exceed fifty percent
(50%) of the business or store frontage, whichever is smaller.
c Grand opening, interim and special event signs may be allowed for any
period up to forty-five (45) days. The Director of Planning may allow one time extension, for any
period up to thirty (30) days, with good cause. It is the responsibility for the proponent of the
extension to justify why the extension is appropriate.
E.. Hardship Provision. The Director of Planning may approve a Hardship Situation
Temporary Sign Permit in cases of extreme hardship and unusual circumstances relating to the property
where the business is located, including off-site construction activities that may disrupt the public's
access to the business. Hardship Situation Temporary Signs shall be granted only when, because of
special circumstances applicable to the property, the strict application of the Temporary Sign
Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under the
identical zoning classification.
1. The proponent of a request for a hardship situation temporary sign shall be
responsible for clearly demonstrating that an extreme hardship and unusual circumstance exists, and
that the extreme hardship and unusual circumstances warrants the approval of a hardship situation
temporary sign, and that strict implementation of the Temporary Sign Ordinance deprives the property
of privileges enjoyed by other property in the vicinity and under the identical zoning classification.
2. The Director of Planning may issue a Temporary Sign Permit for a hardship
situation for any period up to six (6) months. Determination of the number, size, and location of
temporary signs for hardship situations shall be at the discretion of the Director of Planning.
3. Any hardship temporary sign permit issued shall be conditioned to ensure that
said permit does not constitute a grant of special privilege inconsistent with the limitations upon other
properties in the vicinity and in the same zone, to ensure comopatibility with the surrounding area and
to protect the public health, safety or welfare.,
Ords 92-16 -6-
- Section 19.10 is added to Article XIX of Ordinance No. 348 and shall read as
Section 4.
follows:
"Section 19.10. TFMPORARY SIGNS IN HISTORIC OI,D TOWN Ti~MF, CUIA. No
person shall erect, place or install any temporary sign in Historic Old Town Temecula in violation of
the provisions of this Article.
A. Permit Required. A Temporary Sign Permit shall be required prior to the placing,
erecting, or installing of any promotional, special event, grand opening, or interim sign. All such
temporary signs shall comply with the provisions of this ordinance and all other applicable laws and
ordinances. An application for a permit shall be made on the forms and in the manner specified by
the Director of Planning and shall be accompanied by the required fees or removal bond set by
resolution of the City Council. The following procedure shall govern the application for, and issuance
of, all temporary sign permits under this Article:
1. Within ten (10) worldng days of receipt of a completed application for a
Temporary Sign Permit, the Director of Planning shall either:
a. Issue the Temporary Sign Permit, if the sign(s) that is the subject of the
application confirms in every respect with the requirements of this Article; or
b. Deny the Temporary Sign Permit if the sign(s) that is subject of the
application fails in any way to conform with the requirements of this Article. The Director of
Planning shall specify in any denial the section or sections of the Article with which the sign(s) is
inconsistent.
2. In addition to the temporary sign standards listed in this section, the Director of
Planning may attach to any Temporary Sign Permit conditions of approval deemed necessary to ensure
the compatibility with the surrounding area and to protect the public health, safety or welfare.
B. Old Town l~:al Review Board. The Director of Planning is hereby authorized to
consult with the Old Town Local Review Board to prepare any supplemental requirements regulating
the size, shape, materials, color, or character of temporary signs in Historic Old Town Temecula that
the Director deems necessary to maintain the Character of Old Town.
C. Prohibitions. All Temporary signs not expressly permitted by this Ordinance are
prohibited, including, but not limited to, the following:
Portable signs, including, but not limited to, animals, human beings,
A-Frames, T-Frames, and those of a similar nature located in the pubic right-of-
way or on public property.
Portable signs, including, but not limited to, animals, human beings, A-Frames,
T-Frames, and those of a similar nature located on private property.
Ord8 92-16
7.
8.
9.
10.
11.
12.
13.
Vehicle mounted signs.
Pennants and streamers.
Promotional signs, except as permitted by this Section.
Interim signs, except as permitted by this Section.
Special events signs,
Grand opening signs, except as permitted by this Section.
Window signs occupying more than ten percent (10%) of the non-door window
area or six (6) square feet, whichever is greater.
Flashing or rotating temporary signs.
Off-site temporary signs.
Temporary roof signs.
Temporary signs on public property or in the pubic right-of-way.
D. Promotional Signs in Historic Old Town Temecula. Promotional signs in Historic Old
Town Temecula are permitted in the C-l, C-P, C-P-S, and M-SC zones and shall comply with the
requirements listed below:
be allowed.
For each use or business activity; up to one (1) attached promotional sign may
2. Promotional signs in Historic Old Town Temecula shall be attached to the
building where the use or business activity is located and shall comply with the following
requirements:
a. The maximum height of the top of any temporary sign shall not exceed
the top of the ,ave line or parapet wall of the building where the use or activity is located. No
promotional sign shall be erected or placed so as to interfere with normal pedestrian and vehicular
traffic.
b. The surface area shall not exceed twelve (12) square feet.
c. Promotional signs shall be made of non-glossy material with a fabric or
cloth-like appearance and shall use dull, non-primary, non-fluorescent, and non-iridescent colors.
3. The maximum duration for any promotional sign, for any business use or
activity, shall not exceed any of the following standards:
consecutive days); or,
Up to Two (2) consecutive Temporary Sign Events, (ie, thirty (30)
b. A total of four (4) Temporary Sign Events per calendar year.
Ords 92-16 -8-
E. Grand Openiu. g, Interim and Special ~vent Signs in Historic Old Town Temecula.
Grand opening, interim, and special event signs in Historic Old Town Temecula are permitted in the
C-I, C-P, C-P-S, and M-SC zones and shall comply with the requirements listed below:
may be allowed.
For each use or business activity; up to one (1) grand opening or interim sign
operation.
Grand opening signs are permitted once in the first ninety (90) days of business
3. Interim signs are for interim and emergency purposes and shall contain only the
business name and logo.
4. Special event signs for special events shall be located close to the activity or
event being advertised.
5. Signs for communitywide events and activities, such as the Tractor Races or the
Temecula Wine and Balloon Festival, are allowed only on the site of the proposed event and are issued
only to the organization or individuals organizing or promoting the event.
6. Grand opening, interim and special event signs in Historic Old Town Temecula
shall be attached to the building where the use or activity is located and shall comply with the
following requirements:
a. The maximum height of the top of any sign shall not exceed the top of
the eave line or parapet wall of the building where the use or activity is located.
b. The dimensions of any grand opening, interim or speci~ event signs shall
not exceed a surface area of twelve (12) square feet.
c. Shall be made of non-glossy material with a fabric or cloth-like
appearance and shall use dull, non-primary, non-fluorescent, and non-iridescent colors.
d. Grand opening, interim and special event Signs may be allowed for any
period up to forty-five (45) days. The Director of Planning may allow one time extension, for any
period up to thirty (30) days, with good cause. It is the responsibility of the proponent of the
extension to justify why the extension is appropriate.
F. Hardship Provision. The Director of Planning may approve a Hardship Situation
Temporary Sign Permit in Historic Old Town Temecula in cases of extreme hardship and unusual
circumstances relating to the property where the business is located, including off-site construction
Ords 92-16 -9-
activities that may disrupt the public's access to the business. Hardship Situation Temporary Signs
shall be granted only when, because of special circumstances applicable to the property, the strict
application of the Temporary Sign Ordinance deprives the property of privileges enjoyed by other
property in the vicinity and under the identical zoning classification.
1. The proponent of a request for a hardship situation temporary sign shall be
responsible for clearly demonstrating that an extreme hardship and unusual circumstance exists, and
that the extreme hardship and unusual circumstances warrants the approval of a hardship situation
temporary sign, and that strict implementation of the Temporary Sign Ordinance deprives the property
of privileges enjoyed by other property in the vicinity and under the identical zoning classification.
2. The Director of Planning may issue a Temporary Sign Permit for a hardship
situation for any period up to six (6) months. Determination of the number, size, and location of
temporary signs for hardship situations shall be at the discretion of the Director of Planning.
· 3. Any hardship temporary sign permit issued shall be conditioned to ensure that
said permit does not constitute a grant of special privilege inconsistent with the limitations upon other
properties in the vicinity and in the same zone, to ensure compatibility with the surrounding area and
the Old Town Specific Plan, and to protect the public health, safety or welfare.'
Section 5. Grandfather Clause Those temporary signs established prior to the Effective
Date of this ordinance, with the exception of those temporary signs described in Section 19.9(B)(1),
(3) and (13), and Section 19.10(C)(1), (3) and (13), are hereby grandfathered and permitted through
April 13, 1993. After said date, no temporary signs may be established unless otherwise permitted
under this Ordinance.
Section 6. Violations 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.
Any person so convicted shall be, (1) guilty of an infraction offense and punished by a fine not
exceeding One Hundred Dollars ($100.00) for a first violation; and (2) guilty of an infraction offense
and punished by a fine not exceeding Two Hundred Dollars ($200.00) for a second infraction. A third
and any additional violation shall constitute a misdemeanor offense and shall be punishable by a free
not to exceed One Thousand Dollars ($1,000.00) or six (6) months in jail, or both. Notwithstanding
the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty
herein shall not relieve a person from the responsibility for correcting any violation.
Section 7. 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.
Ords 92-16 -10-
Section 8. CEQA Compliance The City Council finds that the regulation of temporary
signs in existing commercial, industrial, and retail zones has no possibility of having a significant
impact on the environment. As a result, the adoption of these regulations is exempt from
environmental review pursuant to the provisions of Section 15061(b)(3) of the State CEQA Guidelines
prepared pursuant to Section 21083 of the California Environmental Quality Act, as amended.
Section 9. 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.
PASSED, APPROVED AND ADOPTED, this 27th day of October, 1992.
Patricia H. Birdsall, Mayor
ATEEST:
[SEt~L]
Ords 92-16 -11-
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.92-16 was duly introduced and placed upon its first reading at a regular
meeting of the City Council of the City of Temecula on the 6th day of October, 1992, 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 27th day of October, 1992, by the following roll call vote:
AYES: 5
COUNCILMEMBERS:
Lindemans, Moore, Mufioz, Parks,
Birdsall
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Juhe,-8.-'Greek, City Clerlc--~
Orda 92-16 -12-