HomeMy WebLinkAbout042197 PC AgendaTEMECULA PLANNING COMMISSION
April 21, 1997, 6:00 PM
43200 Business Park Drive
Council Chambers
Temecula, CA 92390
CALL TO ORDER:
Chairman Fahey
ROLL CALL:
Fahey, Miller, Slaven, Soltysiak and Webster
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the commissioners on items that are not listed
on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an
item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission
Secretary.
When you are called to speak, please come forward and state your name and address.
For all other agenda items a "Request to Speak" form must be filed with the Planning Secretary be_fore Commission
gets to that item. There is a three (3) minute time limit for individual speakers.
COMMISSION BUSINESS
1. Approval of Agenda
1. a. Resolution Approving Shell Station PA96-0345
PUBLIC HEARING ITEMS
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
Planning Application No. PA97-0033 (Tentative Tract Map No.
28503)
Bramalea California LLC
North of the intersection of La Serena Way and Promenade
Chardonnay Hills, within Village B of the Temeku Hills Specific
Plan No. 199 (formerly Margarita Village)
To subdivide 16.4 acres into 37 residential lots with a minimum lot
size of 7,200 sq. ft.
Negative Declaration
Carole Donahoe
Approval
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
Planning Application No. PA97-0030 (Amendment and
Restatement to Development Agreement No. 5)
Bramalea California, LLC
West of Butterfield Stage Road, south of La Serena Way, North of
Rancho California Road and east of Meadows Parkway
Amendment and Restatement to Development Agreement No. 5 to
reduce the Public Facility Fee paid on the remaining undeveloped
parcels in the Chardonnay Hills Subdivision
Adoption of a Negative Declaration
Matthew Fagan
Approval
Case No:
Applicant:
Location:
Proposal:
Planner:
Recommendation:
Planning Application No. PA97-0057 (Extension of Time)
Jack E. Roripaugh
3800 East Nicolas Road, west side of the extension of Butterfiel.
Stage Road, east of the 2nd San Diego Aqueduct, South of the
extension of Nicolas Road
Request for an Extension of Time for Minor Conditional Use
Pertnit No. PA96-0065 (Sand Screening and Transport
Operation)Environmental Action: Statutory Exemption, Article
18, Section 15270
Stephen Brown, Project Planner
Denial
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
PA95-0127 (Sign Ordinance)
City of Temecula
Citywide
Adoption of a Comprehensive Sign Ordinance
Exempt from the Requirements of the California Environmental
Quality Act (CEQA) Pursuant to Section 15061(b)(3).
Saied Naaseh
Recommend the City Council to Approve
PLANNING MANAGERS REPORT
PLANNING COMMISSION DISCUSSION
OTHER BUSINESS
Next meeting: May 5, 1997 - Regular Planning Commission meeting
ADJOURNMENT
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ITEM #1. a.
ATFACHMENT NO. 1
PC RESOLUTION NO. 97-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA UPHOLDING THE DECISION
OF THE COMMUNITY DEVELOPMENT DIRECTOR
APPROVING PLANNING APPLICATION NO. PA96-0345
AND ADDING ADDITIONAL CONDITIONS OF APPROVAL
FOR THE AUTOMOBILE SERVICE STATION,
CONVENIENCE MARKET, CAR WASH, AND FAST FOOD
FACILITY AT THE SOUTH WEST CORNER OF
MARGARITA ROAD AND YUKON DRIVE.
WHEREAS, Mr Nick Goyal filed Planning Application No. PA96-0345 (Development Plan
in accordance with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA96-0345 (Development Plan) was processed ~n
the time and manner prescribed by State and local law;
WHEREAS, the Community Development Director considered Planning Application No.
PA96-0345 (Development Plan) on March 13, 1997 at a duly noticed public hearing as prescribed
by law, at which time interested persons had an opportunity to testify either in support or opposition;
WHEREAS, the Community Development Director approved Planning Application No.
PA96-0345 (Development Plan) with revised Conditions of Approval on March 13, 1997;
WHEREAS, Planning Commissioner Marcia Slaven notified the Community Development
Department in writing on March 25, 1997 of her desire for Planning Application No. PA96-0345
(Development Plan) to be reviewed and considered by the Planning Commission;
WHEREAS, the Planning Commission considered Planning Application No. PA96-0345
(Development Plan) on April 7, 1997, at which time interested persons had an opportunity to testify
either in support of or opposition to the previously approved project;
WHEREAS, the Planning Commission, after reviewing the staff report, receiving the
applicant's presentation, and hearing all public testimony upheld the decision of the Community
Development Director and added additional conditions of approval on Planning Application No.
PA96-0345 (Development Plan) to protect the surrounding community; and
NOW, THEREFORE, THE PLANNING COMMISSION FOR THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Planning Commission hereby makes the following findings:
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A. That the proposed commercial land use is appropriately located within a
Community Commercial Zoning District that is part of the Palomar Village Shopping Center;
B. The proposed use is in conformance with the General Plan for Temecula and
with all applicable requirements of State Law and other ordinances of the City. The project is
consistent with all City Ordinances including: the City's Development Code, Ordinance No. 655
(Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions;
C. The overall development of the land is designed for the protection of the
public health, safety, and general welfare. The project as proposed complies with all City
Ordinances and meets the standards adopted by the City of Temecula designed for the protection of
the public health, safety and welfare;
surrounding area;
That the design and layout of the facility minimize its impact on the
E. That to ensure the facility 's compatibility with the surrounding area, the
following items need to be addressed in the project's design and the Conditions of Approval:
Limiting the hours of operation for the service station and the times
for fuel deliveries;
2. Preventing off-site light spillage from under the pump canopy;
Enhancing the screening and landscaping along the northern portion
of the site;
4. Requiring appropriate methods to prevent fuel spills and contaminated
urban runoff from reaching area storm drains and stream channels; and,
Reducing the potential noise impacts from the proposed self-service
car wash.
F. That an Initial Study was prepared for the project and it has been determined
that although the proposed project could have a significant effect on the environment, these effects
are not considered to be significant due to mitigation measures contained in the project design and
in the Conditions of Approval added to the project.
G. That the project will not result in an impact to endangered, threatened or rare
species or their habitats, including but not limited to plants, fish, insects, animals and birds. The
project site has been previously disturbed and graded, and street scape installed on site. There are
no native species of plants, no unique, rare, threatened or endangered species of plants, no native
vegetation on or adjacent to the site. Further, there is no any indication that any wildlife species
exist, or that the site serves as a migration corridor.
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Section 2. Environmental Compliance. An Initial Study prepared for this project indicates
that although the proposed project could have a significant impact on the environment, them will not
be a significant effect in this case because the mitigation measures described in the Conditions of
Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted.
A De Minimus Impact finding can be made for this project.
Section 3. Approval The Planning Commission hereby upholds the decision of the
Community Development Director to conditionally approve Planning Application No. PA96-0345
(Development Plan) subject to the further modified Conditions of Approval contained in Attachment
A.
Section 4. PASSED, APPROVED, AND ADOPTED this day of
,1997.
LINDA FAHEY
CHAIRMAN
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the day of ,
1997 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
DEBBIE UBNOSKE
SECRETARY
RAHOGANE~345PA96.CCA 4/16/97 dwh
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Revised April 7, 1997
Planning Application No. PA96-0345 (Development Plan}
Project Description: To construct and operate a Shell automobile service station with
a 648 square foot automated car wash, · 875 square foot convenience mart (without
alcoholic beverage sales} and e Kentucky Fried Chicken 1,645 square foot fast food
restaurant with drive-through service. All uses shall operate seven (7) days per week.
The service station is proposed to operate fro,,, C a.,n. to ,,,;dnight 2;-;,,~u,3 from 5
a.m. to midnight; the car wash operation shall be limited to 7 a.m. to 10 p.m.; and the
fast-food restaurant shall operate 6 a.m. to 10 p.m.
(Amended by the Planning Director, March 13, 1997)
(Amended by the Planning Commission, April 7, 1997)
Assessor's Parcel No.
Approval Date:
Expiration Date:
921-700-017
Me, oh 13, 1997 April 21, 1997
March 13, 1999 April 21, 1999
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Seventy-Eight Dollars
($78.00) County administrative fee, to enable the City to file the Notice of
Determination for the Mitigated or Negative Declaration with a DeMinimus Finding
required under Public Resources Code Section 21108(b) and California Code of
Regulations Section 15075. If within said forty-eight (48) hour period the
applicant/developer has not delivered to the Planning Department the check as required
above, the approval for the project granted shall be void by reason of failure of
condition, Fish and Game Code Section 711.4(c).
General Requirements
The developer/applicant shall indemnify, protect, defend, and hold harmless, the City
and any agency or instrumentality thereof, and/or any of its officers, employees and
agents from any and all claims, actions, or proceedings against the City, or any agency
or instrumentality thereof, or any of its officers, employees and agents, to attack, set
aside, void, annul, or seek monetary damages resulting from an approval of the City, or
any agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning Planning Application
No. PA96-0345 (Development Ran). City shall promptly notify the developer/applicant
of any claim, action, or proceeding for which indemnification is sought and shall further
cooperate fully in the defense of the action.
This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
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contemplated by this approval within the two (2) year period which is thereafter
diligently pursued to completion, or the beginning of substantial utilization contemplated
by the approval.
All fuel deliveries shall be between the hours of 7 a.m. to 7 p.m.
(Amended by the Planning Commission, April 7, 1997)
Acoustic impacts to adjacent properties shall not exceed ambient noise levels per the
City's General Plan.
(Amended by the Planning Commission, April 7, 1997J
The development of the premises shall conform substantially with Exhibit "A" Site Plan
approved with Planning Application No. PA96-0345, or as amended by these conditions.
Prior to the issuance of a building permit, the applicant shall submit a site plan
showing the location of trash receptacles for all uses, subject to review and
approval by the Planning Manager.
(Added by the Planning Director, March 13, 1997)
Prior to the issuance of a building permit, the applicant shall submit a site plan
showing the location, materials and elevation of a wall at the north side of the
project, subject to review and approval by the Planning Manager.
(Added by the Planning Director, March 13, 1997)
Prior to the issuance of a building permit, the applicant shall submit a site plan
showing the location of a catch basin installed to trap aft on-site waste products.
(Amended by the Planning Commission, April 7, 1997)
The building shall conform substantially with Exhibit "B1 ," "B2," and "B3" Elevations;
Exhibit "C1 ," "C2," and "C3" Color Elevations; and Exhibit "D" Floor Plan, approved with
Planning Application No. PA96-0345 or as amended by these conditions.
Color
Building walls Cement plaster to match shopping center
Roof Metal to match shopping center
Decorative stonework To match shopping center
Accent stripe for building, car wash, canopy Cement plaster in Shell yellow
Cupola To match building roof and shopping center
Roof-mounted mechanical equipment shall be screened from public view.
A lighting plan shall be submitted for review and approval that indicates
fixture type, dimensions, color and materials. Any outside lighting shall
be hooded and directed so as not to shine directly upon adjoining
property or public rights-of-way. Service canopy light fixtures shall be
recessed. Lighting shall comply with Ordinance No. 655 regarding light
pollution. Light fixtures shall be installed in such a manner that no light
spillage occurs beyond the boundaries of the project site.
(Amended by the Planning Commission, April 7, 1997)
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The applicant shall use colors that are compatible with the color palette existing
for the Palomar Village Shopping Center. If the color white is used, it shall be
for accent only.
Landscaping shall be installed in substantial conformance with Exhibit 'E" Conceptual
Landscape Plan approved with Planning Application No. PA96-0345 or as amended by
these conditions.
a. All utilities on site shall be appropriately screened.
b. Root barriers shall be provided for all trees within five feet of hardscape.
The applicant shall ensure that mature trees do not interfere with driveway sight
lines or overhead power lines.
A final grading plan shall be submitted along with final landscape construction
plans so that cross checking for erosion control can be performed.
The applicant shall comply with Ordinance No. 94-22 regarding water
conservation.
Additional shrubs shall be planted on the northern berm to create a dense barrier
to catch debris prior to routine cleanup of the site. Shrubs along the wall
separating the project site from Yukon Road shall be moved from the inside of
the wall facing the project to the outside of the wall facing Yukon.
(Amended by the Planning Commission, April 7, 1997)
Aft trees planted on the site shall be a mixture of deciduous and evergreen
species. However, trees along Yukon Street shall be primarily evergreen. All
trees shall be predominantly 24-inch box size.
(Amended by the Planning Commission, April 7, 1997)
Prior to Issuance of Grading Permits
The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code.
10.
The applicant shall demonstrate by submittal of a written report that all mitigation
measures identified in the Mitigation Monitoring Program have been satisfied for this
stage of the development.
Prior to the Issuance of Building Permits
11. A Consistency Check fee shall be paid.
12.
A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Planning Department to ensure the payment or exemption from School Mitigation
Fees.
13.
Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to
the Planning Department for approval and shall be accompanied by the appropriate filing
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fee. The location, number, genus, species, and container size of the plants shall be
shown. These plans shall be consistent with the Water Efficient Ordinance. The cover
page shall identify the total square footage of the landscaped area for the site.
14.
The applicant shall demonstrate by submittal of a written report that all mitigation
measures identified in the Mitigation Monitoring Program have been satisfied for this
stage of the development.
Prior to the Issuance of Occupancy Permits
15.
Sign approvals are not part of this development plan. An application for signage shall
be submitted and approved by the Planning Manager. No sign shall be affixed on, above
or over the roof of any building, including service station canopies.
16.
All landscaped areas shall be planted in accordance with approved landscape, irrigation,
and shading plans.
17.
All required landscape planting and irrigation shall have been installed and be in a
condition acceptable to the Planning Manager. The plants shall be healthy and free of
weeds, disease, or pests. The irrigation system shall be properly constructed and in
good working order.
18.
Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal,
displaying the International Symbol of Accessibility. The sign shall not be smaller than
70 square inches in area and shall be centered at the interior end of the parking space
at a minimum height if 80 inches from the bottom of the sign to the parking space
finished grade, or centered at a minimum height of 36 inches from the parking space
finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place,
at each entrance to the off-street parking facility, not less than 17 inches by 22 inches,
clearly and conspicuously stating the following:
"Unauthorized vehicles not displaying distinguishing placards or
license plates issued for physically handicapped persons may be
towed away at owner's expense. Towed vehicles may be
reclaimed at or by telephone
19.
20.
In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least
3 square feet in size.
Performance securities, in amounts to be determined by the Planning Manager to
guarantee the installation of plantings, walls, and fences in accordance with the
approved plan, and adequate maintenance of the Planting for one year, shall be filed
with the Department of Planning.
The applicant shall demonstrate by submittal of a written report that all mitigation
measures identified in the Mitigation Monitoring Program have been satisfied for this
stage of the development.
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21. All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
DEPARTMENT OF BUILDING AND SAFETY
22.
Comply with applicable provisions of the 1994 edition of the California Building,
Plumbing and Mechanical Codes; 1993 National Electrical Code; California
Administrative Code Title 24 Energy and Disabled access regulations and the Temecula
Municipal Code.
23.
Submit at time of plan review complete exterior site lighting plans in compliance with
Ordinance No. 655 for the regulation of light pollution.
24.
Obtain all building plan and permit approvals prior to commencement of any
construction work.
25. Obtain street addressing for all proposed buildings prior to submittal for plan review.
26.
The Occupancy Classification of the proposed use shall be B/M/S-3 (KFC/Sales/Fuel
Dispensing, Carwash).
27.
All building and facilities must comply with applicable disabled access regulations and
must be fully detailed for plan check submittal. (California Disabled Access Regulations
effective April I, 1994).
28.
Provide van accessible parking located as close as possible to the main entry. Provide
dimensions (space #10).
29.
Provide house electrical meter provisions for power for the operation of exterior lighting
and fire alarm systems.
30.
Restroom fixtures, number and type, to be in accordance with the provisions of the
1994 edition of the Uniform Plumbing Code, Appendix C.
31.
Provide appropriate stamp of a registered professional with original signature on plans
submitted for plan review.
32.
Provide electrical plan including load calcs and panel schedule, plumbing schematic and
mechanical plan for plan review.
33.
Truss calculations that are stamped by the engineer of record, the truss manufacturer's
engineer, and that have been plan checked and stamped by the plan check agency and
the City, are required before sheet and shear inspection.
34.
Provide an approved Precise Grading Plan with plan check submittal to check for
handicap accessibility.
PUBLIC WORKS DEPARTMENT
The following are the Department of Public Works Conditions of Approval for this project, and
shall be completed at no cost to any Government Agency. All questions regarding the true
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meaning of the conditions shall be referred to the appropriate staff person of the Department
of Public Works.
it is understood that the Developer correctly shows on the tentative site plan all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and their
omission may require the project to be resubmitted for further review and revision.
General Requirements
35.
A Grading Permit for either rough or precise (including all onsite flat work and
improvements) grading shall be obtained from the Department of Public Works prior to
commencement of any construction outside of the City-maintained road right-of-way.
36.
An Encroachment Permit shall be obtained from the Department of Public Works prior
to commencement of any construction within an existing or proposed City right-of-way.
37.
All grading plans, landscape and irrigation plans shall be coordinated for consistency
with adjacent projects and existing improvements contiguous to the site.
38. All plans shall be submitted on standard 24" x 36" City of Temecula mylars.
Prior to Issuance of Grading Permits:
39.
The Developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board. No
grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the
project is shown to be exempt.
40.
The Developer must comply with applicable source control and treatment control best
management practices (BMPs) as identified in the 'California Stormwater BMP
Handbook" for industrial and commercial uses, to satisfy NPDES and the City.
(Added by the Planning Commission, April 7, 1997)
41.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
San Diego Regional Water Quality Control Board
Planning Department
Department of Public Works
Eastern Municipal Water District
Rancho California Water District
Community Services District
General Telephone
Southern California Edison Company
Southern California Gas Company
42.
A Precise Grading Plan shall be designed by a registered Civil Engineer and approved by
the Department of Public Works. The plan shall comply with the Uniform Building Code,
City Standards and as additionally required in these Conditions of Approval.
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43.
44,
45.
46.
47.
48.
49.
50,
51.
52.
53.
54,
A Soils Report prepared by a registered Soils Engineer shall be submitted to the
Department of Public Works with the initial grading plan check. The report shall address
all soils conditions of the site, and provide recommendations for the construction of
engineered structures and pavement sections.
An Erosion Control Plan in accordance with City Standards shall be designed by a
registered Civil Engineer and approved by the Department of Public Works.
The Developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works.
Permanent landscape and irrigation plans shall be submitted to the Planning Department
and the Department of Public Works for review.
Graded but undeveloped land shall be maintained in a weed-free condition and shall be
either planted with interim landscaping or provided with other erosion control measures
as approved by the Department of Public Works.
A flood mitigation charge shall be paid. The charge shall equal the prevailing Area
Drainage Plan fee rate multiplied by the area of new development. The charge is payable
to Riverside County Flood Control and Water Conservation District prior to issuance of
any permit. If the full Area Drainage Plan fee or mitigation charge has been already
credited to this property, no new charge needs to be paid.
The Developer shall obtain any necessary letters of approval for offsite work performed
on adjacent properties as directed by the Department of Public Works.
Concentrated onsite runoff shall be conveyed in concrete ribbon gutters or underground
storm drain facilities to an adequate outlet as determined by the Department of Public
Works.
Letter of approval or a drainage easement shall be obtained from the affected property
owners for the release of concentrated or diverted storm flows onto the adjacent
property. A copy of the drainage easement shall be submitted to the Department of
Public Works for review prior to recordation. The location of the recorded easement shall
be delineated on the precise grading plan.
The Developer shall accept and properly dispose of all off-site drainage flowing onto or
through the site.
The Developer shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the
subject property.
The following criteria shall be observed in the design of the improvement plans and/or
precise grading plans to be submitted to the Department of Public Works:
Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over
A.C. paving.
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b. All drive areas shall be designed for two-way, 24-foot travelways with
unobstructed access across the proposed multi-use site.
All driveway centerline intersections shall be at 90 degrees or as approved by the
Department of Public Works.
Prior to Issuance of Building Permit:
55.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
Planning Department
Department of Public Works
56.
All building pads shall be certified by a registered Civil Engineer for location and
elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction
and site conditions.
57.
The Developer shall deposit with the Engineering Department a cash sum as established
per acre as mitigation for traffic signal impact.
58.
The Developer shall notify the City's cable TV Franchises of the intent to develop.
Conduit shall be installed to cable TV Standards prior to issuance of Certificate of
Occupancy.
59.
The Developer shall pay any capital fee for road improvements and public facilities
imposed upon the property or project, including that for traffic and public facility
mitigation as required under the EIR/Negative Declaration for the project. The fee to be
paid shall be in the amount in effect at the time of payment of the fee. If an interim or
final public facility mitigation fee or district has not been finally established by the date
on which the Developer requests its building permit for the project or any phase thereof,
the Developer shall execute the Agreement for payment of Public Facility fee, a copy of
which has been provided to the Developer. Concurrently, with executing this
Agreement, the Developer shall post a bond to secure payment of the Public Facility fee.
The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. The
Developer understands that said Agreement may require the payment of fees in excess
of those now estimated (assuming benefit to the project in the amount of such fees).
By execution of this Agreement, the Developer will waive any right to protest the
provisions of this Condition, of this Agreement, the formation of any traffic impact fee
district, or the process, levy, or collection of any traffic mitigation or traffic impact fee
for this project; ~ that the Developer is not waiving its right to protest the
reasonableness of any traffic impact fee, and the amount thereof.
Prior to Issuance of Certification of Occupancy
60.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
Rancho California Water District
Eastern Municipal Water District
Department of Public Works
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61.
The Developer shall confirm that reciprocal access and parking easement agreements
are in place for all shared private facilities.
62.
All onsite improvements shall be constructed and completed per the approved plans and
City standards, including but not limited to curb and gutter, A.C. pavement, sidewalk,
drive approaches, and landscaping, as directed by the Department of Public Works.
63.
The existing improvements shall be reviewed. Any appurtenance damaged or broken
due to the construction operations of this project shall be repaired or removed and
replaced to the satisfaction of the Department of Public Works.
64.
All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
OTHER AGENCIES
65.
The applicant shall comply with the recommendations set forth by the Rancho California
Water District transmittal dated December 24, 1996, a copy of which is attached.
66.
The applicant shall comply with the recommendations set forth by the Riverside County
Flood Control and Water Conservation District transmittal dated February 4, 1997, a
copy of which is attached.
67.
The applicant shall comply with the recommendations set forth by the Riverside County
Department of Environmental Health transmittal dated December 26, 1996, a copy of
which is attached.
68.
The applicant shall comply with the recommendations set forth by the Fire Department
transmittal dated February 4, 1997.
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John F. Hennigar
Phillip L, Forbes
C, MichJel Cowet~
December 24, 1996
Ms. Carole Donahoe, Case Planner
City of Temecula
Planning Department
43200 Business Park Drive
Temecula, CA 92590-3606
SUBJECT:
WATER AVAILABILITY
PARCEL 7 OF PARCEL MAP 23472
APN 921-700-017
PLANNING APPLICATION NO. PA 96-0345
Dear Ms. Donahoe:
Please be advised that the above-referenced property is located within
the boundaries of Rancho California Water District (RCWD). Water
service, therefore, would be available upon completion of financial
arrangements between RCWD and the property owner.
If fire protection is required, customer will need to contact RCWD for
fees and requirements.
Water availability would be contingent upon the property owner signing
an Agency Agreement which assigns water management rights, if any,
to RCWD.
If you have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
Development Engineering Manager
96/SB:rnc216/F012JFEG
c: Laurie Williams, Engineering Services Supervisor
DAVID P'. ZAPPE
City of Temecula
Plannin Department
43200 ~usiness Park Drive
Temecula, California 92590
Attention: (_.-.q hOLE
Ladies and Gentlemen:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
K.
1995 MARKET STREET
By
The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities.
The District also does not plan chec~ city land use cases, or provide State Division of Real Estate letters or other flood
hazard reports for such cases. District comments/recommendations for such cases am normally limited to items of
specific interest to the District including District Master Draina · Plan facilities other regional flood control and
draina · facilities which could be considered a logical componen~lor extension of a master plan system, and Distdct
Area ~?reainage Plan fees (development mitigation fees). In addition, information of a general nature is provided.
The District has not reviewed the roposed project in detail and the following checked comments do not in any wa
constitute or imply District approvarOr endorsement of the proposed project w~th respect to flood hazard, public healt~
and safety or any other such issue:
V/This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional
interest proposed.
This project involves District Master Plan facilities. The District will accept ownership of such facilities on
written request of the City. Facilities must be constructed to District standards. and D~strict plan check and
inspection will be required for District acceptance. Plan check. inspection and administrative fees will be
required.
This project proposes channels, storm drains 36 inches or larger in diameter, or other facilities that could be
considered regional in nature and/or a logical extension of the adopted
Master Drainage Plan. The District would consider acceptin ownership of such facilities on written request
oi' the Ci . Facilities must be constructed to District standards, and District plan check and inspection wdl be
requiredtT~r District acceptance. Plan check, inspection and administrative fees will be required.
i,// This project is located within the limits of the District's/~U t~iF_.TA E.~,EE:K TF...MF. CUL,q ~/'~CL/, Area
Drai.aePlan rwh,chdreinag.,.shave ..adop,ed;.; ,cab.,.s.ou peidto..F,o. n.,
Distric~or Ci rior to final ap royal of the pro'ect, or in t~e case of a arcel map or subdivision prior to
recordation ~)t~t~e final map. ~e~s to be paid s~ould be at the rate in e~F~ct at the time of recordation. or if
deferted, at the time of issuance of the actual permit.
GENERAL INFORMATION
This project may require a National Pollutant Discharge Elimination S stem (NPDES) permit from the State Water
Resources Control Board. Clearance for grading, recordation, or other ~Yr~al approval should not be given until the City
has determined that the project has been granted a permit or is shown to be exempt.
If this pro'ect involves a Federal Emergen~ Management Agency (FEMA} mapped flood plain then the City should
require ~e applicant to rovide all studes, calculations, plans and other information required to meet FEMA
requirements, and should t~rther require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) pdor
to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) pdor to occupancy.
If a natural watercourse or mapped flood plain is im acted by this project, the City should require the a ticant to
obtain a Section 1601/1603 A reement from the Ca~i~rnia Department of Fish and Game and a Clean P~:ter Act
Section 404 Permit fTOm the U.~. Army Corps of En ineers, or wdtten con-espondence from these agencies indicating
the project is exempt from these requirements. A ~lean Water Act Section 401 Water Quality Certification may be
required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit.
5Xr'l
C:
Very truly yours.
STUART E. MCKIBBIN
Senior Civil Engineer
Daie: z-4-q'7
County of Riverside
DEPARTMENT OF ENVIRONMENTAL HEA~/TT
E: 9~6
TO: CITY OF TEMECULA PLANNING DEPARTMENT
AT'IN: Carole K. Donahoe dAN
FROM: fy~GREGOR DELLENBACH. Environmental Health Speciali V
RE: PLOT PLAN NO. PA96-0345 (Development Plan)
,
The Department of Environmental Health has reviewed the Plot Plan No. PA96-0345
(Development Plan) and has no objections. Sanitary sewer and water services may be
available in this area.
PRIOR TO ANY PLAN CHECK SUBMITTAL for health clearance, the following items are
required:
"Will-serve" letters from the appropriate water and sewering agencies.
Three complete sets of plans for each food establishment will be submitted, including a
fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance
with the California Uniform Retail Food Facilities Law. For specific reference, please
contact Food Facility Plan examiners at (909) 694-5022).
A clearance letter from the Hazardous Services Materials Management Branch (909) 694-
5022 will be required indicating that the project has been cleared for:
a) Underground storage tanks, Ordinance # 617.4.
b) Hazardous Waste Generator Services, Ordinance # 615.3.
c t Hazardous Waste Disclosure 0n accordance with Ordinance # 651.2).
d) Waste reduction management.
6. Waste Regulation Branch (Waste Collection/LEA).
GD:dr
(909) 275-8980
NOTE:
Any current additional requirements not covered, can be applicable at time of
Building Plan review for final Department of Environmental Health clearance.
City of Temecula
43200 Bus~ness Parl< Drive · Terrmecula, CA 925'90 · Iv~ing,,,,,ddress: P O BOx 9033 · Ternecula, CA 92589-9033
[909] 694-6444 · F~o( (909} 694-1999
February 4, 1997
TO: Planning Department
ATYN: Carole Donahoe
RE: PA96-0345
With respect to the conditions of approval for the above referenced development plan, the Fire
Department recommends the following fire protection measures be provided in accordance with
Temecula Ordinances and/or recognized fire protection standards:
The fife Department is required to set a minimum fire flow for the remodel or consU'uction
of all commercial building using the procedures established in Ordinance 546. A fire flow
of 2500 GPM for a 2 hour duration at 20 PSI residual operating pressure must be available
before any combustible material is placed on the job site.
The required fire flow shall be available from a super fire hydrant (6"x4"x2-2 %' ),
located not less than 25 feet or more than 165 feet from any portion of the building as
measured alortg vehicular travelways.
Applicant/developer shall furnish one copy of the water plans to the Fire Department for
review. Plans shall be signed by a registered civil engineer, containing a Fire Department
approval signature block, and shall conform to hydrant type, location, spacing and
minimum fire flow. Once the plans are signed by the local water company, the originals
shall be presented to the Fire Department for signature.
The required water system, including fire hydrants, shall be installed and accepted by the
appropriate water agency prior to_any combustible building materials being placed on the
job site.
Prior to the issuance of building permits, the developer shall pay $.25 per square foot as
mitigation for fire protection impacts.
Prior to the issuance of building permits, the applicant/developer shall be responsible to
submit a plan check fee of $582.00 to the City of Temecula.
THE FOLLOWING CONDITIONS MUST BE MET PRIOR TO OCCUPANCY.
Knox Key lock boxes shall be installed on all buildings/suites. If building/suite requires
HnT~rdouS Material Reporting (Material Safety Data Sheets) the Knox HAZ MAT Data
and key storage cabinets shall be instnlled. If building/suites are protected by a fife or
burglar alarm system, the boxes will require "Tamper" monitoring. Plans shall be
submitted to the Fire Department for approval prior to installation.
8. All exit doors shall be openable without the use of key or special knowledge or effort.
Install pemble fire extinguishers with a minimum rating of 2AIOBC. Contact a certified
extinguisher company for proper placement.
10.
Applicant/developer shall be responsible for obtaining underground and aboveground tank
permits from both the County Health and Fire Departments.
11.
Blue dot reflectors shall be mounted in private streets and driveways to indicate location
of fife hydrants. They shall be mounted in the middle of the street direc~y in line with
fife hydrant.
12.
Prior to final inspection of any building, the applicant shall provide fire lanes wilh
appropriate lane painting and or signs.
13.
Street address shall be posted, in a visible location, minimum 12 inches in height, on the
street side of the building with a contrasting background.
14.
Final conditions wffi be addressed when building plans are reviewed in the Building and
Safety Office.
15. Please contact the Fire Department for a final inspection prior to occupancy.
All questions regarding the meaning of these conditions shall be referred to the Fire Department
Planning and engineering section (909)693-3974.
Laura Cabral
Fire Safety Specialist
ITEM #2
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
April 21, 1997
Planning Application No. PA97-0033 (Tentative Tract Map No. 28503)
Prepared By: Carole Donahoe, Project Planner
RECOMMENDATION:
The Planning Department Staff recommends the Planning
Commission:
ADOPT Resolution No. 97- approving PA97-0033, based upon the Analysis
and Findings contained in the Staff Report; and
APPROVE Planning Application No. PA97-0033, subject to the attached
Conditions of Approval.
APPLICATION INFORMATION
APPLICANT:
Bramalea California, LLC
REPRESENTATIVE:
Brian D. Johnson, Lennar Homes
PROPOSAL:
A thirty-seven (37) lot residential subdivision of 16.4 acres
LOCATION:
North side of La Serena Way, between Butterfield Stage Road and
Meadows Parkway
EXISTING ZONING:
SP (Specific Plan No. 199 - Temeku Hills): designated as 31
dwelling units of low density (0.4-2 du/ac) and 6 dwelling units of
medium density (2-5 du/ac)), for a combined total of 37 dwelling
units
SURROUNDING ZONING:
North:
South:
East:
West:
VL (Very Low Density Residential, 0.2-0.4 dwelling
units per acre)
SP (Medium Density Residential, 2-5 dwelling units
per acre)
LM (Low-Medium Density Residential, 3-6 dwelling
units per acre)
SP (Elementary School)
PROPOSED ZONING:
Not requested
GENERAL PLAN
DESIGNATION:
LM (Low-Medium Density Residential, 3-6 dwelling units per acre)
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EXISTING LAND USE:
Vacant
SURROUNDING LAND USES:
North:
South:
East:
West:
PROJECT STATISTICS
Total Area:
Number of Lots:
Project Density:
Earthwork Amount:
Cut:
Fill:
16.4 acres
37
2.25 dwelling units per acre
96,589 cubic yards
93,276 cubic yards
Single-Family Residential
Single-Family Residential
Single-Family Residential
Rancho Elementary School
BACKGROUND
Planning Application No. PA97-0033 (Tentative Tract Map No. 28503) was formally submitted
to the Planning Department on February 7, 1997. A Development Review Committee (DRC)
meeting was held on February 27, 1997. Planning Application No. PA97-0033 was deemed
complete on March 26, 1997.
PROJECT DESCRIPTION
The project is a resubmittal of Tentative Tract Map No. 23102, which was approved by the
Riverside County Board of Supervisors November 8, 1988. The City subsequently approved
three extensions of time. The map was also subject to the State emergency amendment to the
Subdivision Map Act in September 1993 which gave it an additional automatic 24-month
extension. However, Tentative Tract Map No. 23102 expired on November 8, 1995.
Site Design & Access
Lot sizes were designed to comply with a minimum of 7,200 square feet. The smallest lot is
7,204 square feet, and the largest is 20,841 square feet. Because of site topography, only 7
of the 37 lots are smaller than 8,000 square feet, while 16 lots are over 10,000 square feet.
Staff had concerns about the accessibility and useability of lot/f 20, and requested the
applicant to plot a residential envelope on the site. The plotting of Plan 2, a 2,867 square foot,
two-story, five-bedroom, 3-car garage home, depicted in Exhibit E, was reviewed and accepted
by the Public Works and Planning Department staff. The applicant proposes to construct the
same product currently under construction in Chardonnay Hills, known as "Country Walk."
The proposed subdivision takes access from La Serena Way, and is designed with four cul-de-
sacs, one crossing the Metropolitan Water District (MWD) easement that traverses the site.
The slopes around the site are proposed to be left as open space. The applicant proposes that
these numbered open space lots will be maintained by the Chardonnay Hills Home Owners
Association.
R:~STAFFRPT'G3PA97.PC 4/16/~/klb 2
Area Comoatibility
The proposed subdivision is a portion of Specific Plan No. 199, Temeku Hills, a master planned
community of neighborhood villages on 1,399 acres, which includes a golf course with
clubhouse, a recreation center, park sites, elementary schools, a church, school administration
headquarters, post office, commercial and residential uses. The project complies with the
requirements of Planning Areas 2 and 3 established for the site, and is therefore compatible
with development occurring within the Specific Plan. The project's large lot sizes provide a
transition from the Specific Plan subdivisions to the Meadowview development on its north
boundary.
The Specific Plan also calls for a landscape buffer adjacent to Rancho Elementary School, and
an equestrian trail on the Metropolitan Water District easement. Because the project proposes
an open space lot along the west boundary with the school site, staff believes the project
provides a suitable buffer and meets the intent of the Specific Plan design. A ten foot
equestrian trail shall be noted on the final map.
Parkway LandscalVin9 on La Serena Way
Temecula Community Services District (TCSD) has conditioned the project to include parkway
maintenance within the areas under the responsibility of the home owners association. TCSD
does not currently maintain parkways within Chardonnay Hills, and has determined that it
would not be fiscally responsible nor appropriate to do so for this project.
Response from Meadowview Communitv Association
President Kathy Hoagland responded on behalf of the Meadowview Community Association to
the City's noticing of the project. Her letter dated February 24, 1997 (see Attachment 3)
includes concerns regarding the lack of transition to smaller lot sizes, future maintenance of the
slopes on the project site, and construction activity noise.
Transition issues were a major concern addressed by the Specific Plan as a whole. Planning
Areas 2 and 3 of that Plan, which comprise this project site, were designed to provide the
buffer between large lot and smaller lot development. As noted earlier in this report, the project
complies with the requirements for these Planning Areas. Slopes are proposed to be maintained
by the Chardonnay Hills Home Owners Association. Construction activity at the site will be
limited to those hours and conditions as specified within Ordinance No. 94-21, namely, 6:30
a.m. to 6:30 p.m. Monday through Friday, and 7:00 a.m. to 6:30 p.m. Saturday. No
construction activity shall be permitted on Sunday or holidays.
ZONING AND GENERAL PLAN CONSISTENCY
The project is consistent with the SP (Specific Plan) zoning on the site. The General Plan
designation is LM (Low-Medium Density Residential, 3-6 dwelling units per acre. At an overall
density of 2.25 dwelling units per acre, the project falls below the density range.
ENVIRONMENTAL COMPLIANCE
Environmental impacts were assessed in Environmental Impact Report No. 202 for Specific Plan
No. 199 and was certified by the County Board of Supervisors. Amendment No. 2 of the
Specific Plan was adopted in April 1996. No substantial changes are proposed in the project
which would require revisions to the previous EIR. No substantial changes occur with respect
to circumstances under which the project is undertaken. No new information, which was not
known at the time of the EIR was certified and complete has become available. Staff therefore
determines that no further environmental analysis is required, in accordance with Section
15162 of the California Environmental Quality Act (CEQA).
SUMMARY/CONCLUSIONS
The project has been reviewed for conformance with the City's General Plan, Development
Code, Subdivision and Landscaping Ordinances. The project is consistent with these
documents and conditions of approval have been placed on the project accordingly to assure
that the development conforms to City Standards.
FINDINGS
The proposed land division and the design or improvement of the project is consistent
with the City's General Plan and the site is physically suitable for the type and density
of development. The General Plan Land Use designation for the site is Low-Medium
Residential (3-6 dwelling units per acre). The project proposes thirty-seven (37)
residential parcels on 16.4 acres for a density of 2.25 units per acre. This is consistent
with the General Plan Land Use designation for maximum density on the site.
The design of the proposed land division or proposed improvements are not likely to
cause substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat. There is no fish wildlife or habitat on the project site, and the
project will not affect any fish wildlife or habitat off-site. The project will not
individually or cumulatively have an adverse effect on wildlife resources, as defined in
Section 711.2 of the Fish and Game Code.
The design of the proposed land division or the type of improvements are not likely to
cause serious public health problems. The project has been reviewed for conformance
with the City's General Plan, Development Code, Subdivision and Landscaping
Ordinances. The project is consistent with these documents and conditions of approval
have been placed on the project accordingly to assure that the development conforms
to City Standards.
The design of the proposed land division or the type of improvements will not conflict
with easements, acquired by the public at large, for access through, or use of, property
within the proposed land division. The project will take access from La Serena Way,
and will not obstruct any easements.
Ranning Application No. PA97-0033 as proposed, conforms to the logical development
of the proposed site, and is compatible with the health, safety and welfare of the
community.
R:\STAFI~P-PT~33PAg?.PC 4/16/~/Idb 4
Attachments:
PC Resolution - Blue Page 6
A. Conditions of Approval - Blue Page 10
Exhibits o Blue Page 22
A. Vicinity Map
B. Zoning Map
C. General Plan Map
D. Tentative Tract Map
E. Lot No. 20 Plotting of House Plan 2
Meadowview Community Association Correspondence Dated February 24, 1997 - Blue
Page 23
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ATTACHMENT NO. 1
PC RESOLUTION NO. 97-
ATFACHlVIKNT NO. 1
PC RESOLUTION NO. 97-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA97-0033 TO SUBDIVIDE A 16.4 ACRE
PARCEL INTO THIRTY-SEVEN (37) PARCELS LOCATED
ON THE NORTH SIDE OF LA SERENA WAY, BETWEEN
MEADOWS PARKWAY AND BLrlTERFWJJ) STAGE ROAD
AND KNOWN AS ASSESSOR'S PARCEL NOS. 953-050-003
AND 953-050-012
WHEREAS, Bramalea, LLC filed Planning Application No. PA97-0033 in accordance
with the City of Temecula General Plan, Development Code, and Subdivision Ordinances;
WHEREAS, Planning Application No. PA97-0033 was processed in the time and manner
prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA97-0033
on April 21, 1997, at a duly noticed public hearing as prescribed by law, at which time interested
persons had an opportunity to testify either in support or in opposition;
WHEREAS, at the public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all facts
relating to Planning Application No. PA97-0033;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Eixtdklg~ That the Temecula Planning Commission hereby makes the
following findings, to wit:
1. The proposed land division and the design or improvement of the project
is consistent with the City' s General Plan and is physically suitable for the type and density of
development. The General Plan Land Use designation for the site is Low-Medium Residential (3-
6 dwelling units per acre). The project proposes thirty-seven (37) residential parcels on 16.4 acres
for a density of 2.25 units per acre. This is consistent with the General Plan Land Use designation
for maximum density on the site.
R:\STAFFRFI~33PA97.PC 4116197 klb 7
2. The design of the proposed land division or proposed improvements are not
likely to cause substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat. There is no fish wildlife or habitat on the project site, and the project
will not affect any fish wildlife or habitat off-site.
3. The design of the proposed land division or the type of improvements are
not likely to cause serious public health problems. The project has been reviewed for
conformance with the City's General Plan, Development Code, Subdivision and l~ndscaping
Ordinances. The project is consistent with these documents and has conditions of approval have
been placed on the project accordingly to assure that the development will occur to City Standards.
4. The design of the proposed land division or the type of improvements will
not conflict with easements, acquired by the public at large, for access through, or use of,
property within the proposed land division. The project will take access from La Serena Way,
and will not obstruct any easements.
5. Planning Application No. PA97.0033 as proposed, conforms to the logical
development of its proposed site, and is compatible with the health, safety and welfare of the
community.
Section 3. As conditioned pursuant to Section 4, Planning Application No. PA97.0033
as proposed, conforms to the logical development of its proposed site, and is compatible with the
health, safety and welfare of the community.
Section 4. F. nvironmentnl Compliance. Environmental impacts were assessed in
Environmental Impact Report No. 202 for Specific Plan No. 199 and was certified by the County
Board of Supervisors. Amendment No. 2 of the Specific Plan was adopted in April 1996. No
substantial changes are proposed in the project which would require revisions to the previous EIR.
No substantial changes occur with respect to circumstances under which the project is undertaken.
No new information, which was not known at the time of the EIR was certified and complete has
become available. Staff therefore determines that no further environmental analysis is required,
in accordance with Section 15162 of the California Environmental Quality Act (CEQA).
Section 5. Conditions. That the City of Temecula Planning Commission hereby
approves Planning Application No. PA97-0033 to subdivide a 16.4 acre parcel into thirty-seven
(37) parcels located on the north side of La Serena Way, between Meadows Parkway and
Butterfield Stage Road, and known as Assessor's Parcel No. 953-050-003 and 953-050-012,
subject to conditions listed in Exhibit A, attached hereto, and incorporated herein by this
reference and made a part hereof.
R:\STAFFRFf~3PA97.PC 4116197 k~b 8
Section 6. PASSED, APPROVED AND ADOPTED this 21st day of April, 1997.
Linda Fahey, Chairman
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 21 st day of April,
1997 by the following vote of the Commission:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
R:\STAFFRFI~3PA~7.PC 4/16/97 klb 10
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA97-0033 (Tentative Tract Map No. 28503)
Project Description:
Assessor's Parcel No.:
Approval Date:
Expiration Date:
A residential subdivision of an 16.4 acre parcel into 37 lots
953-050-003 and 953-050-012
April 21, 1997
April 21, 1999
PLANNING DEPARTMENT
General Requirements
The tentative subdivision shall comply with the State of California Subdivision Map Act
and to all the requirements of Ordinance No. 460, unless modified by the conditions
listed below. A time extension may be approved in accordance with the State Map Act
and City Ordinance, upon written request, if made 30 days prior to the expiration date.
The developer/applicant shall indemnify, protect, defend, and hold harmless, the City
and any agency or instrumentality thereof, and/or any of its officers, employees and
agents from any and all claims, actions, or proceedings against the City, or any agency
or instrumentality thereof, or any of its officers, employees and agents, to attack, set
aside, void, annul, or seek monetary damages resulting from an approval of the City, or
any agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning Planning Application
No. PA97-0033 (Tentative Tract Map No. 28503) which action is brought within the
appropriate statute of limitations period and Public Resources Code, Division 13, Chapter
4 (Section 21000 et sea., including but not by the way of limitations Section 21152 and
21167). City shall promptly notify the developer/applicant of any claim, action, or
proceeding brought within this time period. City shall further cooperate fully in the
defense of the action. Should the City fail to either promptly notify or cooperate fully,
developer/applicant shall not, thereafter be responsible to indemnify, defend, protect,
or hold harmless the City, any agency or instrumentality thereof, or any of its officers,
employees, or agents.
If subdivision phasing is proposed, the applicant shall submit a phasing plan to the
Planning Manager for approval.
The tentative subdivision shall comply with all requirements of Specific Plan No. 199
and its amendments.
Prior to Issuance of Grading Permits
The applicant shall submit a copy of the Rough Grading plans to the Planning Director
for approval.
R:\STAFFRFF~3pA~7.PC 4/16/97 k~o 11
6. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code.
7. The applicant shall submit conceptual landscape plans to the Planning Department for
review and approval. The plans shall be consistent with City standards including
automatic irrigation for all landscaped areas and complete screening of all ground
mounted equipment from the view of the public from streets and adjacent property
including:
a. Landscaping on all sloped areas and common areas.
b. Front yard landscaping.
c. The height, location and the following materials for all walls and fences:
1 ) Decorative block or a combination decorative block and wrought iron for
the perimeter of the project adjacent to La Serena Way and the side yard
for corner Lot No. 1. Perimeter walls shall be installed along the
property line between the individual lots and the open space lots.
2) Wrought iron or decorative block and wrought iron combination to take
advantage of views for side and rear yards. View walls shall be installed
on a property line where an individual lot abuts the MWD Open Space
easement.
3) Wood fencing shall be used for all side and rear yard fencing when not
restricted by 1) and 2) above.
d. Landscaping along La Serena Way shall matchup to street landscaping already
installed on the south side of La Serena Way.
Prior to Recordation of the Final Map
8. The applicant shall submit the following to the Planning Director for approval:
a. A copy of the Final Map
b. A copy of the Rough Grading Plans
c. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. This property is located within thirty (30) miles of Mount Palomar
Observatory. All proposed outdoor lighting systems shall comply with
the California Institute of Technology, Palomar Observatory
recommendations, Ordinance No. 655.
d. The applicant shall submit a copy of Covenants, Conditions, and Restrictions
(CC&R's) for review and approval by the Planning Department, Public Works
Department and the City Attorney.
R:\STAFFRFf~3PA~7.PC ~/16/~7 kJb 12
Prior to Issuance of Building Permits
9. The applicant shall submit a receipt or clearance letter from the Temecula Valley School
District to the Planning Department to ensure the payment or exemption from School
Mitigation fees.
10. The applicant shall submit the following to the Planning Director for approval:
a. Construction landscape plans consistent with the City standards and the
approved Conceptual Landscape Plans including automatic irrigation for all
landscaped areas and complete screening of all ground mounted equipment from
the view of the public from streets and adjacent property for:
i. Front yards and slopes within individual lots prior to issuance of building
permits for any lot(s).
b. Wall and fence plans consistent with the Conceptual Landscape Plans.
c. Precise grading plans consistent with the approved rough grading plans including
all structural setback measurements.
d. The Temporary Use Permit application for a Model Home Complex (if applicable)
which includes the following:
i. Site Plan with off-street parking
ii. Construction Landscape Plans
iii. Fencing Plans
iv. Building Elevations
v. Floor Plans
vi. Materials and Colors Board
e. A Development Plan shall be submitted and approved by the Planning Director
for the housing product.
11. The applicant shall submit an acoustical analysis to the Planning Department for
approval. The analysis shall be submitted prior to the issuance of the first building
permit for the project. The analysis shall contain recommendations to ensure that noise
levels do not exceed 65dBA for exterior and 45dBA for interior noise levels.
12. Roof-mounted mechanical equipment shall not be permitted within the subdivision,
however solar equipment or any other energy saving devices shall be permitted with
Planning Director approval.
R:~STAFFRPT~3PA97,I~C 4/16/97
Prior to Issuance of Occupancy Permits
13. Front yard and slope landscaping within individual lots shall be completed for inspection.
14.
All the Conditions of Approval shall be complied with to the satisfaction of the Directors
of Planning, Public Works, Community Services and Building and Safety.
PUBLIC WORKS DEPARTMENT
The Department of Public Works recommends the following Conditions of Approval for this
project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost
to any Government Agency.
General Requirements
15.
It is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and
their omission may require the project to be resubmitted for further review and revision.
16.
A Grading Permit for rough grading shall be obtained from the Department of Public
Works prior to commencement of any construction outside of the City-maintained road
right-of-way.
17.
An Encroachment Permit shall be obtained from the Department of Public Works prior
to commencement of any construction within an existing or proposed City right-of-way.
18.
All improvement plans, grading plans, landscape and irrigation plans shall be coordinated
for consistency with adjacent projects and existing improvements contiguous to the site
and shall be submitted on standard 24" x 36" City of Temecula mylars.
Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall
complete the following or have plans submitted end approved, subdivision improvement
agreements executed and securities posted:
19.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
San Diego Regional Water Quality Control Board
Rancho California Water District
Eastern Municipal Water District
Metropolitan Water District
City of Temecula Fire Bureau
Planning Department
Department of Public Works
Riverside County Health Department
Cable TV Franchise
Community Services District
General Telephone
Southern California Edison Company
Southern California Gas Company
R:~STAFFRPT~3PA97.PC 4116/97
20.
The Developer shall construct the following public improvements to City of Temecula
General Ran standards unless otherwise noted. Plans shall be reviewed and approved
by the Department of Public Works:
Improve La Serena Way (Secondary Highway Standards - 68'/88' R/W) per City
Standard No. 102 to include dedication of half-width street right-of-way,
installation of half-width street improvements, paving, curb and gutter, sidewalk,
street lights, drainage facilities, signing and striping, utilities (including but not
limited to water and sewer).
All proposed interior streets shall be improved to Local Road Standards (60' R/W)
per City Standard No. 104 to include dedication of full-width street right-of-way,
installation of full-width street improvements, paving, curb and gutter, sidewalk,
street lights, drainage facilities, signing and striping, utilities (including but not
limited to water and sewer).
All street improvement design shall provide adequate right-of-way and pavement
transitions per CaI-Trans standards for transition to existing street sections.
Unless otherwise approved the following minimum criteria shall be observed in
the design of the street improvement plans:
Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00%
minimum over A.C. paving.
f. Driveways shall conform to the applicable City Standard Nos. 207 and 208.
Street lights shall be installed along the public streets shall be designed in
accordance with Ordinance No. 461.
Concrete sidewalks shall be constructed in accordance with City Standard Nos.
400 and 401.
Design of street improvements shall extend a minimum of 300 feet beyond the
project boundaries to ensure adequate continuity of design with adjoining
properties.
j. Minimum centerline radii shall be in accordance with City Standard No. 113.
k. The minimum lot frontages along the cul-de-sacs and knuckles shall be 35 feet.
Standard cul-de-sacs, offset cul-de-sacs and knuckles shall be constructed
throughout the land division.
Land divisions creating cut or fill slopes adjacent to the streets shall provide
erosion control, clear space and slope easements as approved by the Public
Works Department.
n. All reverse curves shall include a 100-foot minimum tangent section.
R:~STAFFRPT~3PA97.FC 4116197 k~ 15
21.
22.
23.
24.
25.
26.
27.
o. All street and driveway centerline intersections shall be at 90 degrees.
All units shall be provided with zero clearance garage doors and garage door
openers if the driveway is less than 18 feet in depth from back of sidewalk.
Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
All concentrated drainage directed towards the public street shall be conveyed
through curb outlets per City Standard No. 301.
All utility systems including gas, electric, telephone, water, sewer, and cable Tv
shall be provided underground. Easements shall be provided as required where
adequate right-of-way does not exist for installation of the facilities. All utilities
shall be designed and constructed in accordance with City Codes and the utility
provider.
A construction area Traffic Control Plan shall be designed by a registered Civil Engineer
and reviewed by the Department of Public Works for any disruption to traffic circulation
as required by the Department of Public Works.
Relinquish and waive right of access to and from La Serena Way on the Final Map with
the exception of proposed interior street and gated MWD maintenance road as
approved by the Department of Public Works.
Corner property line cut off for vehicular sight distance and installation of pedestrian
facilities shall be provided at all street intersections in accordance with Riverside County
Standard No. 805.
All easements and/or right-of-way dedications shall be offered for dedication to the
public or other appropriate agency and shall continue in force until the City accepts or
abandons such offers. All dedications shall be free from all encumbrances as approved
by the Department of Public Works.
Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part
of an existing Assessment District must comply with the requirements of said section.
Prior to City Council approval of the final map, the Developer shall make an application
for reapportionment of any assessments with appropriate regulatory agency.
Any delinquent property taxes shall be paid.
An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the
parcel\final map to delineate identified environmental concerns and shall be recorded
with the map. A copy of the ECS shall be transmitted to the Planning Department for
review and approval. The following information shall be on the ECS:
a. Development Fee Impact Fee deferrals.
b. Geotechnical hazards identified in the project's geotechnical report.
R:~STAFFRFrx33pAg?.PC 4/16/9'/~Jb 16
c. Archeological resources found on the site.
28.
The Developer shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet recorded with any underlying maps related to the
subject property.
29.
The Developer shall deposit with the Department of Public Works a cash sum as
established, per lot, as mitigation towards traffic signal impacts. Should the Developer
choose to defer the time of payment of traffic signal mitigation fee, he may enter into
a written agreement with the City deferring said payment to the time of issuance of a
building permit.
30.
A copy of the grading and improvement plans, along with supporting hydrologic and
hydraulic calculations shall be submitted to the Metropolitan Water District (MWD) for
approval prior to recordation of the final map or the issuance of any permit. A permit
from MWD is required for work within their Right-of-Way.
31.
All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be provided for underground, with easements provided as required, and designed and
constructed in accordance with City Codes and the utility provider. Telephone, cable
TV, and/or security systems shall be pre-wired in the residence.
32°
The Developer shall notify the City's cable TV Franchises of the Intent to Develop.
Conduit shall be installed to cable TV Standards at time of street improvements.
Prior to Issuance of Grading Permits
33.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
San Diego Regional Water Quality Control Board
Riverside County Flood Control and Water Conservation District
Planning Department
Department of Public Works
34.
A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City
of Temecula standards and approved by the Department of Public Works prior to
commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
35.
A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to
the Department of Public Works with the initial grading plan check. The report shall
address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and preliminary pavement sections.
R:~STAFFP~T~33PAr/.~C 4/16/97 kJb 17
36.
A Geotechnical Report shall be prepared by a registered engineer or engineering
geologist and submitted to the Department of Public Works with the initial grading plan
check. The report shall address special study zones and identify any geotechnical
hazards for the site including location of faults and potential for liquefaction. The report
shall include recommendations to mitigate the impact of ground shaking and
liquefaction.
37.
A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the
Department of Public Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream
of the site. It shall identify all existing or proposed off-site or on-site, public or private,
drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an
adequate outfall capable of receiving the storm water runoff without damage to public
or private property. The study shall include a capacity analysis verifying the adequacy
of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the
storm water runoff shall be provided as part of development of this project. The basis
for analysis and design shall be a storm with a recurrence interval of one hundred years.
38.
The Developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board. No
grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the
project is shown to be exempt.
39.
The Developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works.
40.
A flood mitigation charge shall be paid. The charge shall equal the prevailing Area
Drainage Plan fee rate multiplied by the area of new development. The charge is
payable to the Riverside County Flood Control and Water Conservation District prior to
issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has
already been credited to this property, no new charge needs to be paid.
41.
The Developer shall obtain letters of approval or easements for any off-site work
performed on adjoining properties. The letters or easements shall be in a format as
directed by the Department of Public Works.
42.
All lot drainage shall be directed to the driveway by side yard drainage swales
independent of any other lot.
Prior to Issuance of Building Permits
43. The Final Map shall be approved and recorded.
44.
A Precise Grading Plan shall be submitted to the Department of Public Works for review
and approval. The building pad shall be certified by a registered Civil Engineer for
location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing
compaction and site conditions.
R:\STAFFRFI'~3PA97,I~C 4/16/97 k3b 18
45.
Grading of the subject property shall be in accordance with the Uniform Building Code,
the approved grading plan, the conditions of the grading permit, City Grading Standards
and accepted grading construction practices. The final grading plan shall be in
substantial conformance with the approved rough grading plan.
46.
The Developer shall pay any capital fee for road improvements and public facilities
imposed upon the property or project, including that for traffic and public facility
mitigation as required under the EIR/Negative Declaration for the project. The fee to be
paid shall be in the amount in effect at the time of payment of the fee. If an interim or
final public facility mitigation fee or district has not been finally established by the date
on which the Developer requests its building permit for the project or any phase thereof,
the Developer shall execute the Agreement for payment of Public Facility fee, a copy of
which has been provided to the Developer. Concurrently, with executing this
Agreement, the Developer shall secure payment of the Public Facility fee. The amount
of the security shall be $2.00 per square foot, not to exceed $10,000. The Developer
understands that said Agreement may require the payment of fees in excess of those
now estimated (assuming benefit to the project in the amount of such fees). By
execution of this Agreement, the Developer will waive any right to protest the
provisions of this Condition, of this Agreement, the formation of any traffic impact fee
district, or the process, levy, or collection of any traffic mitigation or traffic impact fee
for this project; ~ that the Developer is not waiving its right to protest the
reasonableness of any traffic impact fee, and the amount thereof.
Prior to Issuance of Certificates of Occupancy
47.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
Rancho California Water District
Eastern Municipal Water District
Department of Public Works
48.
All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
49.
All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
50.
The existing improvements shall be reviewed. Any appurtenance damaged or broken due
to the construction operations of this project shall be repaired or removed and replaced
to the satisfaction of the Director of Public Works.
COMMUNITY SERVICES DEPARTMENT
The Temecula Community Services District has reviewed the aforementioned tentative map and
conditions the project as follows:
R:%STAFFRFF~3PA~7.PC 4/16/97 If~ 19
General Requirements:
51.
All slopes, common open space and parkway landscaping shall be maintained by the
Home Owners' Association.
52.
Street Lighting Energy Fees shall be paid in conformance with TCSD standards upon
request for installation of the street lights within the project.
Prior to Recordation of the Final Map:
53.
The developer shall satisfy the City's park land dedication requirement (Quimby) through
the payment of an in-lieu fee equivalent to the dedication of .48 acres of land. The fee
shall be calculated by multiplying the required amount of park land by the City's then
current appraised land valuations as established by the City Manager.
54.
A 10' wide equestrian trail easement, adjacent to the existing MWD right-of-way, shall
be offered for dedication to the City on the final map.
55.
Prior to recordation of the final map, the property owner(s) shall comply with the TCSD
application and dedication process to transfer extended street light maintenance services
into the appropriate service level.
Prior to Issuance of Certificates of Occupancy:
56.
The developer shall provide adequate disclosure to future property owners of the
existence of the Temecula Community Services District, Temecula Parks Tax, and the
annual levy of the rates and charges for street lighting and refuse/recycling services.
57.
The developer shall submit the most current list of Assessor's Parcel Number assigned
to the final project.
BUILDING AND SAFETY DEPARTMENT
58.
Comply with applicable provisions of the 1994 edition of the California Building,
Plumbing and Mechanical Codes; 1993 National Electrical Code; California
Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula
Municipal Code.
59. Obtain street addressing for all proposed buildings prior to submittal for plan review.
60.
Provide electrical plan including loan calcs and panel schedule, plumbing schematic and
mechanical plan for plan review.
61.
Prior to building permit issuance, approval must be obtained from the Water District,
Sanitation District, Public Works Department, Fire Department, Planning Department and
Building Department.
62.
Based on submitted documents, the occupancy classification of the proposed use shall
be R-3, U-1.
63. Truss calculations that are stamped by the engineer of record, the truss manufacturers
engineer, are required for plan review submittal.
OTHER AGENCIES
64.
The applicant shall comply with the environmental health recommendations outlined in
the Riverside County Health Department's transmittal dated February 25, 1997, a copy
of which is attached.
65.
The applicant shall comply with the fire improvement recommendations outlined in the
Fire Department's transmittal dated March 18, 1997, a copy of which is attached.
66.
The applicant shall comply with the recommendations outlined in the Rancho California
Water District transmittal dated February 25, 1997, a copy of which is attached.
67.
The applicant shall comply with the recommendations outlined in the Eastern
Information Center Department of Anthropology's transmittal dated February 13, 1997,
a copy of which is attached.
68.
The applicant shall comply with the recommendations outlined in the Riverside County
Flood Control and Water Conservation District's transmittal dated April 7, 1997, a copy
of which is attached.
I have read, understand and accept the above Conditions of Approval.
Applicant Name
Feh my
CiW of Tcmccula Piapn;ng DeJxlztment
P.O- Box 9033
Temecub, CA 92~S9
ATTN: Csrolc Donahoc:
RE: TENTATxVE T~ACT MAP-NO. PA97-00~J: BEING A SUBDIVISION OF A PORTION
OF PARCEL 1 OF PARCel- MAP NO. 22~S4, AS SHOWN BY MAP ON liTI,F, IN BOOK 147
OF PARCEL MAPS, AT PAGES 94 THROUGH 98, RECORDS OF RIVERSIDE COUNTY,
(37 LOTS)
1. I"nc ~t of Environmental Health has xtwiewed Tcntafivc Tract Map No. PA97-0033 and
A water system shall bc installed according to plans and ~oecifications as appmvcd by xhc water
company and thc Hcalth Dcl~rUncnt Permanent print, of the plans of the wa~ systcm shall be
submiuai in triplicate, with a lp;n{ml~m ~llC DOt lC~ t[19~ ODC illCh ~ 200 ~ a,lOIlg With ~
oitginal dinwin2 to thc City of Temecul~ The ~ eh~11 show ~c intcrnal pipe diamcter, location
Of valvcs and fire hydrants; pipe and joint specifications, and the size of the msln grille junction of
thc new systcm xo thc cxisling sysiem. Theplans shall comply in all rcspects with Div. 5, Pan 1,
Chnpt~ 7 of ~e Calift~nia Health lund SafCty Coc~ Califor~ia AdIBini~ve Code, Titlc 11,
Chapter 16, and General Order No. ~03 of the Public Utilitiu Comml-qsion of the State of
California, when appHca~l~. The plans shall be signed by a reglste~d eno_.inee~ nnd water compnny
with th~ following ee~i~catiom "I oertify m~t the design of the wa~r system in Tract Map No.
PA97-0033 is in accordance with the wnt~ sysgzm expansion plans oft he Rancho C-IlC~k Water
water service to such Tract Map". Th~ cert~eation does not con~tu~ a gmnnt~ flint k will
supply wn~r t~ such Tract Mnp at any specific quaatitiu, flows or ~ for fire proration or
any other purpose. This cexafication shall be si_~l by a xr. sponsible official of th~ wa~r
coml~my. The. pl,m, mu~t he suhmk'~l to ~e City of Tmn,'c~h's Office to rm'iew ~+ kmt_TWO
NYEEK8 PRIOR to tl~e ren~w~t for ~e recordvion office ~vml man.
John M. Fm~lng,
406S C:ounty'Clrde Drive * Riveside. CA 92503, Phone (909) 358-5316 · FAX (909) 358-5017
(Mailing Adck_re~ - P.O. i~X 7600 · RIverside. CA 92513-7600)
City ofTensouls Plann~
Page Two
Amz C_~o, le Donshoe
Febn~ry 2~, 1997
4. This subdivision is within the ~ Municipal Waxc~ Dislzicx and shall bc oonncc~t to xhe
scw~s ofthc District Thc ssw~ sysxcm shall be insrolled accoldln~ to plans and spcci~caxions as
appmvexl by the Dislrlct, fi~e Ci~ of Tam~cula and the Healxh Department. Permancnt pziuls of
plans of the sew~ sysi~n shall b~ submi~_sd_ in triplicate, slong wilh ~ original drawing, to
City of T~gcul~ Tlz pzinls shall show fiz intn~tl ~ diatonic-r, location of manholcs, compl~
p, ofiles, pil~e and joint speci~calions and the size of the st,~m at tim jeanion of the new symem to
the cxistl-_~ system. A single pie indicsling locmion of scwur lines and wa~crlincs sixall be a
ponionofChesewa2eplansandprofiles. Thsplansslallb~si~ncdbyaze~isXefsdengineerandihe
sewer dishlct with h~s following csrf~caiion: "I omtify that tim &sign of tha sewer s~'tem in
Tract Map No. PA97-0033 is in accordance wRh lhe sewer sysL-,m expansion plans of the Basics
Municipsl Wa~er District and ~ the wasee disposal system is adcquaxe al this iimo
a,,~,~pated wasps fn~n the pmposcd Tract Ma~'. TIm plans must be submR~! Xo the City of
Temecula's Office ~o rcvicw el least two w~:eks PRIOR ~ xhc zequcs~ fc~ the xecozdation of the
fma! map.
$. h will bc ncccssary for fiuancisl axxm~ements to be completely ~rm~,pd PRIOR to xecozdaXion of
lhe final map.
6. R will be necessary for the annexalion pmceedi~ lobc complctcly ~nsliz~d PRIOR lo ~he
mcordation of the 6na~ map.
Sincexely,
seed -- mmO~:Ot Z66L '6~ X~mnJclsd/~mlamr
City of Temecula
43200 igus~ness Pane Df~ve · Te~uia, ~ 925~ · ~tli~dr~: PO ~ 90~3 m Te~. ~ 92~9-~3
1~9) 6~444 · F~ 1909J 6~-i ~9
March 18, 1997
TO: Planning Department
ATIlq: Carole Donahoe
R.E: PA97-0033
Tract 28503
With respect to the condi'dons of approval for the above referenced plan, the Fire Department
recommends the following fire protection measures be provided in accordance with City of
Temecula Ordinances and/or recognized fire protection standards:
Provide or show there exists a water system capable of delivering 1000 GPM for a 2 hour
duration at 20 PSI residual operating pressure, which must be available before any
combustible material is placed on the job site.
Approved standard fire hydrants (6"x4"x2 V2" ) shall be located at each street intersection
and spaced not more than 330 feet apart in any direction with no portion of any lot
frontage more than 165 feet from a hydrant.
Applicant/developer shall furnish one copy of the water plans to the Fire Department for
review. Plans shall be signed by a registered civil engineer, containing a Fire Department
approval signature block, and shall conform to hydrant type, location, spacing and
minimum fire flow. Once the plans are signed by the local water company, the originals
shall be presented to the Fire Department for signature.
The required water system, including fire hydrants, shall be installed and accepted by the
appropriate water agency prior to any combustible building materials being placed on the
job site.
Blue dot reflectors shall be mounted in private streets and driveways to indicate location
of fire hydrants. They shall be mounted in the middle of the street direc~y in line with
fire hydrant.
All buildings shall be constructed with fire retardant roofing materials as described in The
Uniform Building Cede. Any wood shingles or shakes shall be a Class 'B" rating and
shall be approved by the fire department prior to installation.
Prior to recordation of the final map, the developer shall pay to the City of Temecula, the
sum of $400.00 per lot/unit, as mitigation for ftre protection impacts. Should the
developer choose to defer the time of payment, he/she may enter into a written agreement
with the City of Temecula deferring said payment to the time of issuance of the first
building permit.
All questions regarding the meaning of these conditions shall be referred to the Fire Department
Planning and engineering section (909)693-3974.
Laura Cabral
Fire Safety Specialist
John F, Ilennigar
February 25, 1997
Ms. Carole Donahoe, Case Planner
City of Temecula
Planning Department
43200 Business Park Drive
Temecula, CA 92590-3606
SUBJECT: WATER AVAILABILITY
TRACT MAP 28503
Dear Ms. Donahoe:
Please be advised that the above-referenced property is located within
the boundaries of Rancho California Water District (RCWD). Water
service, therefore, would be available upon completion of financial
arrangements between RCWD and the property owner.
If fire protection is required, customer will need to contact RCWD for
fees and requirements,
Water availability would be contingent upon the property owner signing
an Agency Agreement which assigns water management rights, if any,
to RCWD.
If you have any questions, please contact an Engineering Services
Representative at this office,
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
Steve Brannon, P.E.
Development Engineering Manager
97/SB:eb036/F012/FEF
c: Laurie Willjams, Engineering Services Supervisor
Itancho California Water District
CALIFORNIA
HISTORICAL
RESOURCES
INFORMATION
YSTEM
MONO
Eastern Information Center
Department of Anthropology
University of California
Riverside, CA 92521-0418
Phone (909) 787-5745
Fax (909) 787-5409
CULTURAL I ESOURCE REVIEW
DATE: ~'F__~./,.~//ff 7
RE: Case Transmittal Reference Designation:
Records at the Eastern Information Center of the California Historical Resources Information System have
ben reviewed to determine if this project would adversely affect prehistoric or historic cultural resources:
The proposed project area has not bonn surveyed for cultural resources and enntains or is adjacent to known cultural
resource(s). A Phase I study is recommended.
Based upon existing data tha proposed project area has tha potential for containing cultural resources. A Phase I study
is recommended.
__ A Phase I cultural resource study. (M F At
) identified one or more enlturai resources.
The project area contains, or has the possibility of containing, cultural resources. However, due to the nature of ~o
project or prior dam recovery studi~e, an adverse nff~t on cultural rdoutce4 is not anticipated. Further study is not
~ommonded.
L-//A Phuc I cultural rc~ourcc study (MF At :3'7 '7 ) identified no cultural resources, Further study is not recommended,
There is s low probability of cultural resources. Further study is not re4ommcnded.
t,//~f~durin~c~ns~ru~ti~n~cu~tura~rcs~urccsarecnc~untured~w~rksh~u~db~h~~ted~rdivertedintheimme~diateareawhi~e
a qualified archaeologist evaluates the finds and makes recommendations.
__ Due to the archaeological sensitivity of the ame, ennhmoving during constnsction should be monitored by a professional
archaeologist.
The submission of a cultural msoume management report is recommended following guidelines for Archaeological
Rcsourcc Managcmcnt Rcports prepared by thc Callfomia Office of Historic Preservation, Preservation Planning Bulletin
4(a). December 1989.
Phase I
Phase !l
Phase II1
Phase IV
Records search and ~cld survey
Testing ['Evaluate resource sign[~eanen; propose mitigation measures for "significant" sites.]
Mitigation [Data re4~very by excavation, praservation in place, or a combination of the two.]
Monitor ennhmoving activities
COMMENTS:
If you have any questions, please contact us.
Eastern Information Center
DAVID P. ZAPPE
Gcncral Managcr-Chicf Enginccr
City of Temecula
Plannin Department
43200 ~usiness Park Drive
Temecula, California 92590
Attention: ("',,Af~D~_-~,
Ladies and Gentlemen:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
1995 MARKET STREET
RIVERSIDE, CA 92501
909/275-1200
The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities.
The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood
hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of
specific interest to the District including Distdct Master Draina e Plan facilities, other regional flood control and
draina e facilities which could be considered a logical componen~or extension of a master plan system and District
Area ~?~ainage Plan foes (development mitigation fees). In addition, information of a general nature is provided.
The Distdct has not reviewed the roposed project in detail and the following checked comments do not in any wa
constitute or imply District appreva~or endorsement of the proposed project w~th respect to flood hazard, public healt~
and saf ty or any other such issue:
~e;is project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional
interest proposed.
This project involves District Master Plan facilities. The District will accept ownership of such facilities on
written request of the City. Facilities must be constructed to District standards, and D~stdct plan check and
inspection will be required for District acceptance. Plan check, inspection and administrative fees will be
required.
This project proposes channels. storm drains 36 inches or larger in diameter, or other facilities that could be
considered regional in nature and/or a logical extension of the adopted
Master Drainage Plan. The Distdct would consider acceptin ownership of such facilities on written request
of the Ci . Facilities must be constructed to Dis~ct standar%gs, and District plan check and inspection wdl be
requiredt'f~r District acceptance. Plan check, inspection and administrative fees will be required.
/ Dre,na eP,a. forwh hdra,nage s hava. n adopted;a pl,cati,e s shou,'Z ;pa,d tothe F,o Contro,
This project is located within the limits of the Distdct's {'%r-S:~TA. C_R~v.. ~f"L~'_"-AV.~,~.L~ Area
Distric~or Ci rior to final ap roval of the pro'ect, or in tRe case of a arcel map or subdivision prior to
recordation io~tge final map. ~Peles to be paid s~ould be at the rate in e~Pe~at at the time of recordation, or if
deferred. at the time of issuance of the actual permit.
GENERAL INFORMATION
This project may require a National Pollutant Discharge Elimination S stem (NPDES) permit from the State Water
Resources Ccntrol Board. C,earence for grading, mcordation, or other ~al approval should not be given
' until the City
has determined that the project has been granted a permit or is shown to be exempt.
If this pro'ect involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should
require ~e applicant to rovide all studses calculations plans and other ~nformation required to meet FEMA
requirements, and should f~rther require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) pdor
to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) pdor to occupancy.
If a natural watemourse or mapped flood plain is im acted by this project, the City should require the a licant to
obtain a Section 1601/1603 A reement from the Ca~i~rnia Department of Fish and Game and a Clean P~ater Act
Section 404 Permit from the U.~. Army Corps of En ineers, or wdtten correspondence from these agencies indicating
the project is exempt from these requirements. A g~lean Water Act Section 401 Water Quality Certification may be
required from the local California Regional Water Quality Control Board pdor to issuance of the Corps 404 permit.
Very truly yours,
STUART E. MCKIBBIN
Senior Civil Engineer
Date: 4-7-
ATTACHMENT N0.2
EXHIBITS
~t~33~.r~ 22
CITY OF TEMECULA
To
PROJECT
CASE NO. - PA97-0033
F. XHIBIT- A
.ANNING COMMISSION DATE -April 21, 1997
VICINITY MAP
CITY OFTEMECULA
e
;.
SP
EXHIBIT B - ZONING MAP
DESIGNATION - SP (Specific Plan No. 199 - Temeku Hills)
EXHIBIT C - GENERAL PLAN
DESIGNATION - LM (LOW MEDIUM DENSITY RESIDENTIAL 3-6 DU PER ACRE)
CASE NO. - PA97-0033
PLANNING COMMISSION DATE - April 21, 1997
CITY OF TEMECULA
\ / /
CASE NO. - PA97-0033
J~,XHIBIT- D TENTATIVE TRACT MAP NO. 28503
_ANNING COMMISSION DATE- April 21, 1997
L
CITY OF TEMECULA
CASE NO. - PA97-0033
EXHIBIT - E LOT NO. 20 PLOi I~NG OF HOUSE PLAN 2
PLANNING COMMISSION DATE- April 21, 1997
ATTACHMENT NO. 3
MEADOWVIEW COMMUNITY ASSOCIATION CORRESPONDENCE
DATED FEBRUARY 24, 1997
P,:~taffrpt'G3p.97 23
Meadowview Community Association
February 24, 1997
City of Temecula
Plmuling Department
43200 Business Park Dr.
Temecula, Ca 92590
Attention: Carole Donahoe
Re.: Planning Application PA97-0033
Dear. Ms. Don~loe,
The MeadowivewBoard of Directors appreciates ~le oppor~ulity to
review the ~ropos~] tentative tract map 6f Planning Application
No. PA97-0033.
The homes adjacent to Meadowview are on substantially smaller lots
than the Meadowview Co[~ml~ity Association and offer no transition
other than the steep escurpment at the ~lge of this project.
Meadowview Cor~unity Association is concerned about future main-
tenance of ~le steep slopes on lots 6,7,8 and especially open
space, lot 30. Will ~here be a homec~ners association for slope
maintenance? If not, b~3wwilt the slopes be maintained? Also,
the impaotedhcmeowners are concerned about noise and request that
construction activity not be permitted on lots 6 through 19~ inclusive
and lot 38 prior to 7:00 am or after 6:00 pm Monday through Friday
(including landscape and/or earth moving), before 8:00 am or after
5:00 ~mon Saturdays or an~cime Sundays.
Thank you again for the opportunity to review and comment on this
project.
:As~i~ ~_~tion Board of Directors
P.O. Box 788 · Temecula, California 92593 · (909) 676-4429 · Fax (909) 695-2409
ITEM #3
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
April 21, 1997
Planning Application No. PA97-0030
Amendment and Restatement of Development Agreement No. 5 for portions of TM 23100,
TM 23101, TM 23103 and TPM 28503 proposed (formerly TPM 23102), within Specific
Plan No. 199
Prepared By: Matthew Fagan, Associate Planner
RECOMMENDATION:
The Planning Department Staff recommends the Planning
Commission:
ADOPT the Negative Declaration for Planning Application
No. PA97-0030; and
ADOPT Resolution No. 97- recommending approval of
Planning Application No. PA97-0030 to the City Council,
based upon the Analysis and Findings contained in the
Staff Report and subject to the attached conditions of
approval.
APPLICATION INFORMATION
APPLICANT:
Bramalea California, LLC
REPRESENTATIVE:
Brian Johnson
PROPOSAL:
A Request for Approval of an Amendment and Restatement of
Development Agreement No. 5 for portions of TM 23100, TM
23101, TM 23103 and TPM 28503 (proposed - formerly TPM
23102), within Specific Plan No. 199
LOCATION:
West of Butterfield Stage Road, north of Rancho California Road,
east of Meadows Parkway (existing and future) adjacent to La
Serena Way
EXISTING ZONING:
SP (Specific Plan)
R:\STAFFRFI~30PA~7.PC14/16/~7 mf
SURROUNDING ZONING: North:
South:
East:
West:
VL (Very Low Density Residential, .2-.4 dwelling
units per acre) and LM (Low Medium Density
Residential, 3-6 dwelling units per acre)
SP (Specific Plan)
County of Riverside (A-1-10, R-R)
SP (Specific Plan), LM (Low Medium Density
Residential, 3-6 dwelling units per acre), PI (Public
Institutional)
PROPOSED ZONING: N/A
GENERAL PLAN
DESIGNATION:
Low Medium Density Residential (3 to 6 dwelling units per acre)
EXISTING LAND USE:
Vacant
SURROUNDING
LAND USES:
North:
South:
East:
West:
Single Family Residences/Vacant
Single Family Residences
Single Family Residences/Wineries/Vacant
Single Family Residences/Elementary School/Vacant
PROJECT STATISTICS
Number of Lots:
Existing Development Agreement Fee:
Proposed Development Agreement Fee:
Three hundred-nine (309)
$5,472.00/Unit
$3,590.00/Unit
BACKGROUND
On November 7, 1988, Development Agreement No. 5 was executed by the County of
Riverside for the Margarita Village Specific Plan (S.P. 199) which included Tracts 23100,
23101, 23102 and 23103. Bramalea California, LLC has approached the City to execute an
Amendment and Restatement of this Development Agreement to reduce the Development
Agreement fees.
PROJECT DESCRIPTION
The Amended and Re-Stated Development Agreement ("Agreement") has a duration period of
ten (10) years and applies to Tracts 23100, 23101, 23103 and 28503. The Agreement will
cover three hundred nine (309) single-family lots. The terms of the Agreement allow for an
Interim Public Facilities Fee of $3,590.00 per unit to be paid for the first five (5) years of the
Agreement. After this period, the developer will either continue to pay the Interim Public
Facility Fee of $3,590.00 or such other Public Facilities Fee adopted by the City for other
residential projects.
R:~STAFFRPT~0PA97.PCI 4/16/9'/mf 2
ANALYSIS
The existing Development Agreement No. 5 fee includes the following fees:
Public Facilities Fee
Regional Parkland Fee
Habitat Conservation Fee
Public Services Offset Fee
$2,420.00
$447.00
$332.00
$2°273.00
Total Development Agreement Fee $5,472.00
As a result of the reduction in the Development Agreement Fee, the City will receive
$1,109,310.00 (309 lots at $3,590.00 per lot), which might otherwise have not been received
due to the project being unable to develop at the higher impact fee.
Tentative Tract Mal~ No. 28503 (Planning AI)l)lication No. PA97-0033)
The proposed Amendment and Restatement to Development Agreement No. 5 includes 309
lots. Thirty-seven (37) of these lots are within Tentative Tract Map No. 28503 (Planning
Application No. PA97-0033); which is to be considered by the Planning Commission on the
same evening as this item. Tentative Parcel Map No. 23102 (TPM 23102) was previously
approved at this same location; however the map expired in 1995. Outside of some minor
modifications, Tentative Tract Map No. 28503 (Planning Application No. PA97-0033) is
essentially the same map as TPM 23102. It is the intent of the Amendment and Restatement
to Development Agreement No. 5 to include the area within Tentative Tract Map No. 28503
(Planning Application No. PA97-0033).
EXISTING ZONING AND GENERAL PLAN DESIGNATION
This project is consistent with the General Plan since the General Plan currently designates the
site as Low Medium Density Residential and the approved development project which is
implemented by this Development Agreement is consistent with this designation. This project
is consistent with Specific Plan No. 199, since the development project which is implemented
by this Development Agreement meets all the requirements of this Specific Plan.
ENVIRONMENTAL DETERMINATION
A Initial Study was prepared for this project and it revealed no significant impacts. Therefore,
Staff recommends adoption of a Negative Declaration.
R:\STAFFRPTt30PA9?.FCI 4/15/97mf 3
SUMMARY/CONCLUSIONS
The Amended and Re-Stated Development Agreement ('Agreement") has a duration period of
ten (10) years and applies to Tracts 23100, 23101, 23103 and TPM 28503 proposed (formerly
TPM 23102). The Agreement will cover three hundred nine (309) single-family lots. The terms
of the Agreement allow for an Interim Public Facilities Fee of $3,590.00 per unit to be paid for
the first five (5) years of the Agreement. After this period, the developer will either continue
to pay the interim Public Facility Fee of $3,590.00 or such other Public Facilities Fee adopted
by the City for other residential projects. As a result of the reduction in the Development
Agreement Fee, the City will receive $1,109,310.00 which might otherwise have not been
received due to the project being unable to develop at the higher impact fee.
FINDINGS
The Amendment and Restatement of Development Agreement No. 5 is consistent with
the objectives, policies, general land uses, and programs specified in the City of
Temecula's General Plan in that the Development Agreement makes reasonable provision
for the use of certain real property for residential development and is consistent with the
General Plan Land Use Designation of Low Medium Density Residential.
The Amendment and Restatement of Development Agreement No. 5 is compatible with
the uses authorized in, and the regulations prescribed for, the land use district in which
the Property subject to the Development Agreement is located as the Development
Agreement provides for single family homes. This Development Agreement is consistent
with good planning practices by providing for the opportunity to develop the Property
consistent with the General Plan.
The Amendment and Restatement of Development Agreement No. 5 is in conformity
with the public convenience, general welfare, and good land use practice because it
makes reasonable provision for a balance of housing opportunities compatible with the
remainder of the City.
The Amendment and Restatement of Development Agreement No. 5 will not be
detrimental to the health, safety, or general welfare because it provides adequate
assurances for the protection thereof.
Notice of the public hearing before the Planning Commission was published in a
newspaper of general circulation at least ten (10) days before the Planning Commission
public hearing, and mailed or delivered at Feast ten (10) days prior to the hearing to the
project applicant and to each agency expected to provide water, sewer, schools, police
protection, and fire protection, and to all property owners within six hundred feet (600')
of the property as shown on the latest equalized assessment roll.
Notice of the public hearing before the Planning Commission included the date, time,
and place of the public hearing, the identity of the hearing body, a general explanation
of the matter to be considered, a general description and text or by diagram of the
location of the real property that is the subject of the hearing, and of the need to
exhaust administrative remedies.
R:~STAFFRFf~0PA~7.PCI 4/16/~7 mf 4
The Amendment and Restatement of Development Agreement No. 5 complies with the
goals and objectives of the Circulation Element of the General Plan. The traffic impacts
of the development over the period of the Development Agreement will be substantially
mitigated by the mitigation measures and conditions of approval imposed.
The Amendment and Restatement of Development Agreement No. 5 complies with
requirements of the zoning district in which the applicant proposes to develop in that
the Specific Plan zoning of Low Medium Density Residential is consistent with the Low
Medium Density Residential General Plan Land Use Designation.
The benefits that will accrue to the people of the City of Temecula from this legislation
and this Amendment and Restatement of Development Agreement No. 5 are as follows:
City and Owner acknowledge that development of the Project will result in:
a. Generation of municipal revenue;
b. Construction of public infrastructure facilities;
Enhancement of the quality of life; including residential opportunities for present
and future residents of the City;
de
The opportunity for an adjacent residential-commercial project creating
significant job opportunities, sales tax and ad valorem tax revenues for the City;
e. Payment of Public Facilities Fees (fire and traffic signal mitigation); and,
Participation in special assessment districts to finance City and regional
infrastructure improvements.
Attachments:
2.
3.
4.
5.
PC Resolution No. 97- - Blue Page 6
A. Conditions of Approval - Blue Page 10
Ordinance No. 97- - Blue Page 12
Initial Environmental Study - Blue Page 17
Proposed Amendment and Restatement of Development Agreement No. 5 -
Blue Page 27
Exhibits - Blue Page 28
A. Vicinity Map
ATTACHMENT NO. 1
PC RESOLUTION NO. 97-
R:XST~0PAfT.PC14/14/97 mf (~
ATTACHMENT NO. 1
PC RESOLUTION NO. 97-
RFSOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMF. NDING APPROVAL BY
THE CITY COUNCIL OF AMI~NDMENT AND
RFSTATEMENT OF DEVELOPMEaNT AGREEMENT NO. ~
BETWEEN THE CITY OF TEMECULA AND BRAMALEA
CALIFORNIA, LLC FOR PORTIONS OF TRACT MAPS NO.
23100, 23101, 23103 AND TPM 28503 PROPOSED
(FORMF-RLY TPM 23102), WITHIN SPECIFIC PLAN NO.
199 (PLANNING APPLICATION NO. PA97-0030)
THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the Planning Commission of the City of Temecula has received an
application from Bramalea California, LLC for an Amendment and Restatement of Development
Agreement No. 5, Specific Plan No. 199, "Margarita Village," Planning Application No. PA97-
0030, (hereinafter "Development Agreement"); and,
WHEREAS, the Planning Commission held a noticed public hearing on April 21, 1997,
on the issue of recommending approval or denial of the Development Agreement.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES FIND AS FOLLOWS:
Section 1. That the Planning Commission recommends that the City Council adopt and
approve the Ordinance approving the Development Agreement, Attachments "A" and "B",
respectively, attached hereto and incorporated herein by this reference, subject to the Conditions
of Approval attached hereto as Attachment "C " and incorporated herein by this reference as set
forth in full herein.
Section 2. That in recommending adoption by the City Council of an Ordinance approving
the Development Agreement, the Planning Commission hereby makes the following findings:
(a) The Development Agreement is consistent with the objectives, policies,
general land uses, and programs specified in the City of Temecula's General Plan in that the
Development Agreement makes reasonable provision for the use of certain real property for
residential development and is consistent with the General Plan Land Use Designation of Low-
Medium Density Residential; and,
R:~TAFFRFl~0PA97.PC1 4116197 mf 7
(b) The project subject to the Development Agreement is compatible with the uses
authorized in, and the regulations prescribed for, the Specific Plan Zone district in which the
Property subject to the Development Agreement is located, and that this Development Agreement
is consistent with good planning practices by providing for the opportunity to develop the Property
consistent with the General Plan; and,
(c) The Development Agreement is in conformity with the public convenience,
general welfare, and good land use practice because it makes reasonable provision for a balance
of land uses compatible with the remainder of the City; and,
(d) The Development Agreement will not be detrimental to the health, safety,
or general welfare because it provides adequate assurances for the protection thereof; and,
(e) Notice of the public hearing before the Planning Commission was published
in a newspaper of general circulation at least ten (10) days before the Planning Commission public
hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant
and to each agency expected to provide water, sewer, schools, police protection, and fire
protection, and to all property owners within six hundred feet (600') of the property as shown on
the latest equalized assessment roll; and,
(0 Notice of the public hearing before the Planning Commission included the
date, time, and place of the public hearing, the identity of the hearing body, a general explanation
of the matter to be considered, a general description and text or diagram of the location of the real
property that is the subject of the hearing, and of the need to exhaust administrative remedies;
and,
(g) The Development Agreement complies with the goals and objectives of the
Circulation Element of the General Plan and the traffic impacts of the development over the period
of the Development Agreement will be substantially mitigated by the mitigation measures and
conditions of approval imposed; and,
(h) The Development Agreement complies with requirements of the zoning
district in which the applicant proposes to develop in that the Low-Medium Density Residential
is consistent with the Low-Medium Residential General Plan Land Use Designation; and,
(i) The benefits that will accrue to the people of the City of Temecula from this
legislation and this Development Agreement are as follows:
City and Owner acknowledge that development of the l~roject will result in the
1. Generation of municipal revenue;
2. Construction of public infrastructure facilities;
R:~TAFFRFI~0PA97.PC1 4114197 mf 8
3. Acceleration of both the timely development of subject property as well as
the payment of municipal revenue;
4. Enhancement of quality of life for surrounding residents with the timely
development through the elimination of dust and nuisance of partially improved lots;
5. Payment of Public Facility Fees (fire, library, traffic signal mitigation,
development and RSA); and,
Section 3. The Secretary of the Planning Commission shall cause this Resolution to
be transmitted to the City Council for further proceedings in accordance with State law.
Section 4. PASSED, APPROVED AND ADOPTED this 21st day of April, 1997.
Linda Fahey, Chairman
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 21st day of April,
1997, by the following vote of the Commission:
A YES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:~TAFFRFI~30pA97.PCI 4/14/97 mf 9
EXHIBIT A
CONDITIONS OF APPROVAL
R:\STAFFRFIX30PA97.PCI 4/14/97mf
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA97-0030 (Development Agreement)
Project Description: An Amendment and Restatement of Development Agreement No.
5 for TM 23100, TM 23101, 23103 and TPM 28503 (proposed - formerly TPM 23102),
within Specific Plan No. 199
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Seventy-Eight Dollars
($78.00) County administrative fee, to enable the City to file the Notice of
Determination with a DeMinimus Finding required under Public Resources Code Section
21108(b) and California Code of Regulations Section 15075. If within said forty-eight
(48) hour period the applicant/developer has not delivered to the Planning Department
the check as required above, the approval for the project granted shall be void by reason
of failure of condition, Fish and Game Code Section 711.4(c).
General Requirements
The developer/applicant shall indemnify, protect, defend, and hold harmless, the City
and any agency or instrumentality thereof, and/or any of its officers, employees and
agents from any and all claims, actions, or proceedings against the City, or any agency
or instrumentality thereof, or any of its officers, employees and agents, to attack, set
aside, void, annul, or seek monetary damages resulting from an approval of the City, or
any agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning Planning Application
No. PA97-0030 (Development Agreement) which action is brought within the
appropriate statute of limitations period and Public Resources Code, Division 13, Chapter
4 (Section 21000 et se~., including but not by the way of limitations Section 21152 and
21167). City shall promptly notify the developer/applicant of any claim, action, or
proceeding brought within this time period. City shall further cooperate fully in the
defense of the action. Should the City fail to either promptly notify or cooperate fully,
developer/applicant shall not, thereafter be responsible to indemnify, defend, protect,
or hold harmless the City, any agency or instrumentality thereof, or any of its officers,
employees, or agents.
R:~STAFFP, PT~OPA97.PCI 4/t4/97 mf ]. ].
ATTACHMENT NO. 2
ORDINANCE NO. 97°
R:\STAFFRPT~0PA97.l~C14/14/~7 mf 12
ATTACHMENT NO. 2
ORDINANCE NO. 97- _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA APPROVING AN
AMENDMENT AND RESTATEMI~.NT OF DEVELOPMENT
AGRF-k':MENT NO. 5 BETWI~A~I THI?~ CITY OF TEMECULA
AND BRAM~LEA CALIFORNIA, LLC FOR TM 23100, 23103
AND TPM 28503, WITHIN SPECIFIC PLAN NO. 199
(PLANNING APPLICATION NO. PA97-0030)
WHFRF_,AS, Section 65864 et ~:q. of the Govemment Code of the State of California and
Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and
maintaining requirements applicable to the development of real property; and,
WHEREAS, in accordance with the procedure specified in said Resolution, Bramalea
California, LLC has filed with the City of Temecula an application for a Development Agreement
which reflects an amendment and restatement of existing County Development Agreement No.
5 (hereinafter "this Agreement"), of a residential housing subdivision on its property for Tracts
23100, 23101, 23103 and 28503 (309 lots), hereinafter the "Subject Property" which application
has been reviewed and accepted for filing by the Community Development Director; and,
WHEREAS, notice of the City's intention to consider adoption of this Agreement with
Bramalea California, LLC has been duly given in the form and manner required by law, and the
Planning Commission and City Council of said City have each conducted public hearings on April
21, 1997 (Planning Commission), and (City Council) at which time it heard
and considered all evidence relevant and material to said subject.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. FINDINGS. The City Council hereby finds and determines, with respect
to this Agreement by and between the City of Temecula and Bramaiea California, LLC, that it:
A. Is consistent with the objectives, policies, general land uses, and programs specified
in the City of Temecula's General Plan in that this Agreement makes reasonable provision for the
use of certain real property for residential development consistent with the General Plan's land use
designation of Low-Medium Density Residential;
B. Is compatible with the uses authorized in, and the regulations prescribed for, the
land use district in which the Subject Property referred to herein is located as this Agreement
provides for residential development pursuant to a Specific Plan;
R:~STAFPRPT~0PA97.FCI 4/14/97mf 13
C. Is in conformity with the public convenience, general welfare, and good land use
practice because it makes reasonable provision for a balance of land uses compatible with the
remainder of the City;
D. Will not be detrimental to the health, safety, or general welfare because it provides
adequate assurances for the protection thereof;
E. Notice of the public heating before the Planning Commission was published in a
newspaper of general circulation at least ten (10) days before the Planning Commission public
hearing, and mailed or delivered at least ten (10) days prior to the heating to the project applicant
and to each agency expected to provide water, sewer, schools, police protection, and fire
protection, and to all property owners within six hundred feet (600') of the property as shown on
the latest equalized assessment roll;
F. Notice of the public heating before the Planning Commission included the date,
time, and place of the public heating, the identity of the heating body, a general explanation of
the matter to be considered, a general description in text or diagram of the location of the real
property that is the subject of the hearing, and of the need to exhaust administrative remedies;
G. Notice of the public heating before the City Council was published in a newspaper
of general circulation at least ten (10) days prior to the City Council public hearing, mailed at least
ten (10) days prior to the hearing to the project applicant, to each agency expected to provide
water, sewer, schools, police protection, and fire protection, and to all property owners within
six hundred feet (600') of the property as shown on the latest equalized assessment roll;
H. Notice of the City Council hearing included the dam, the time, and place of the
public hearing, the identity of the hearing body, the general explanation of the matter to be
considered, a general description in text or by diagram of the location of the Property that is the
subject of the hearing, and the notice of the need to exhaust administrative remedies;
I. City Council approved this Agreement by Ordinance based upon evidence and
findings of the Planning Commission and new evidence presented at its hearing on this
Agreement, giving its reasons therefor and setting their relationship between this Agreement and
the General Plan;
K. The benefits that will accrue to the people of the City of Temecula from this
legislation and this Agreement are as follows:
1. Generation of municipal revenue;
2. Construction of public infrastructure facilities;
3. Acceleration of beth the timely development of subject property as well as
the payment of municipal revenue;
R:XSTAFFP, FrX30PA97.PCI 4/14/el/mf 14
4. Enhancement of quality of life for surrounding residents with the timely
development through the elimination of dust and nuisance of partially improved lots; and
5. Payment of Public Facility Fees (fife, library, traffic signal mitigation,
development and RSA).
Section 2. APPROVAI.. This Agreement, attached hereto and incorporated herein by
this reference as Attachment "1" is hereby approved. The Mayor is authorized and directed to
evidence such approval by executing this Agreement for, and in the name of, the City of
Temecula; and the City Clerk is directed to attest thereto; provided, however, that this Agreement
shall not be executed by the City until this Ordinance takes effect and the City has received from
the applicant two executed originals of said Agreement.
Section 3. SEVERABII .ITY. 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 4. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be posted as required by law.
Section 5. 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. The City Clerk shall
publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall
be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance.
Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this
Ordinance, together with the names of the Councilmembers voting for and against the Ordinance,
and post the same in the office of the City Clerk.
R:\STAFFRFF~0pA97.PCI 4/14/97mf 15
Section 6. PASSED, APPROVED AND ADOFrED this day of , 1997.
Patricia Birdsail, Mayor
ATTEST:
Iune S. Greek, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. __ was duly introduced and placed upon its first reading at a regular meeting
of the City Council on the day of , 199_, and that thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the day of
199_, by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
June S. Greek, City Clerk
R:~TAFnFRFI~0PA97.PCI 4/14/f/mr 16
ATTACHMENT NO. 3
INITIAL ENVIRONMENTAL STUDY
R:~TAFFILt'T~0PA97.PCI 4/14/97mf 17
CITY OF TEMECULA
Environmental Checklist
1. Project Title:
,
Lead Agency Name and Address:
Contact Person and Phone Number:
Project Location:
Project Sponsor's Name and Address:
General Plan Designation:
Zoning:
Description of Project:
Surrounding Land Uses and Setting:
Other public agencies whose approval
is required:
Planning Application No. PA97-0030 (Amendment and
Restatement of Development Agreement No. 5 for portions
of TM 23100, TM 23101 and TM 23103)
City of Temecula, 43200 Business Park Drive, Temecula,
CA 92590
Matthew Fagan, Associate Planner (909) 694-6400
Generally located west of Butterfield Stage Road, north of
Rancho California Road, east of Meadows Parkway
(existing and future) adjacent to La Serena Way
Bramalea California, LLC
23333 Avenida la Caza
Coto de Caza, CA 92679
LM (Low-Medium Density Residential - 3-6 dwelling units
per acre) and VL (Very-low Density Residential - .2-.4
dwelling units per acre)
SP (Margadta Village Specific Plan)
Amendment and Restatement of Development Agreement
No. 5 for portions of Specific Plan 199 (Margarita Village
Specific Plan)
Single family residences to the north, south, east and west
None
R:~TAFFRPTX30pA97.PCI 4/14/~7mf
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
[ ] Land Use and Planning [ ] HaT~rds
[ ] Population and Housing [ ] Noise
[ ] Geologic Problems [ ] Public Services
[ ] Water [ ] Utilities and Service Systems
[ ] Air Quality [ ] Aesthetics
[ ] Transportation/Circulation [ ] Cultural Resources
[ ] Biological Resources [ ] Recreation
[ ] Energy and Mineral Resources [ ] Mandatory Findings of Significance
DETERMINATION
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE
DECLARATION will be prepared.
Signature
Printed Name
Date
R:\STAFFRPT~0PA97.PC14/14/97 mf 19
ISSUES AND SUPPORTING INFORMATION SOURCES
Po~'~ially
pole:~aHy
Significant
Unkis
Mitig~ion
NO
1. LAND USE AND PLANNING. Would the proposal:
a. Conflict with general plan designation or zoning?
b. Cordlict with applicable environmental plans or poli(~es
adopted by agencies with jurisdiction over the project?
c. Be incompatible with existing land use in the vicimty?
d. Affect agricultural resources or operations (e.g. impactsto
soils or farmlands, or impacts from incompatible land uses?
e. Disrupt or divide the physical arrangement of an established
community (including low-income or minority community)?
2. POPULATION AND HOUSING. Would be proposal:
a. Cumulatively exceed official regional or local population
projects?
b. Induce substantial growth in an area either directly or
indirectly (e.g. through project in an undeveloped area
or c~ension of major infrastructure)?
c. Displace existing housing, especially affordable housing?
3. GEOLOGIC PROBLEMS. Would the proposal result
In or expose people to potential impacts Involving?
a. Fault rupture?
b. Seismic ground shaking?
c. Seismic ground failure, including liquefaction?
d. Seiche, tsunsmi, or volcanic hazard?
e. Landslides or mudflows?
f. Erosion, changes in topography or unstable soil conditions
fi'om excavation, grading or fill?
g. Subsidence of the land?
h. Expansive soils?
I. Uinque geologic or physical features?
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R:XSTAFFRPTX30PA97.PCI 4114197 mf 20
ISSUES AND SUPPORTING INFORMATION SOURCES
Po~llially
Significant
Unkss
Mitigati~
No
4. WATER. Would the proposal result in:
a. Changes in absorption rates, dnfinage patterns, or the
rate and mount of surfnee runa~
b. Exposure of people or property to water related hazards
such as fleeding?
c. Dischargeintosuffacewatersorotheralterationofsufface
water quality (e.g. temperature, dissolved oxygen or
turbidity)?
d. Changes in the amount of surface water in any water
body?
e. Changes in currunts, or the course or direction of wate~
movements?
Change in the quantity of ground waters, either through
direct additions or withdrawals, or through interception
of an aquifer by cuts or excavations or through substantial
loss of groundwater recharge capability?
g. Altereddireetionorrateof~owofgroundwster?
h. Impacts to groundwater quality?
I. Substantial reduction in the mount of groundwater
otherwise available for public water supplies?
5. AIR QUALITY. Would the proposal:
a. Violate any air quality standard or contribute to an
existing or projected air quality violation?
b. Expose sensitive reeeptors to pollutants?
c. Alter air movement, moisture or temperature, or cause
any change in elimate?
d. Create objectionable odors?
TRANSPORTATION/CIRCULATION.
Would the proposal result in:
Increase vehicle trips or traffic congestion?
b. Hazards to safety from design features (e.g. sharp curves
or dangerous intersection or incompatible uses)?
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R:XSTAFFRFI~OpA97.FC1 4114197 mf 21
signrecur
Unless
No
c. Inadequate emergency access or access to nearby uses?
d. Insufficient parking capacity on-site or off-site?
c. Hazards or bs~riers for pedestrians or bicyclists?
f. Conflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)?
g. Rail, waterborne or air traffic impacts?
7. BIOLOGICAL RESOURCES. Would the proposal
result in impacts to:
a. Endangcred, threatened or rerc specics or thcir habitats
(including but not limited to plants, fish, insects, animals
and birds)?
b. Locally dcsil;nated species (e.~. heritage trees)?
c. Locallydcsignatednaturalcommtmitics(c.g. oakforcst,
coastal habitat, etc.)?
d. Weftand habitat (e.g. marsh, riparian and vernal pool)?
c. Wildlife dispersal or migration corridors?
~. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a. Conflict with adopted energy conservation plans?
b. Use non-renewal resources in a wasterid and inefficient
manner?
c. Result in the loss of availability of a known mineral resource
that would be offutore value to the region and the residents
of the State?
9. HAZARDS. Would the proposal involve:
a. Ariskofaceidentalexplosionorreleaseofhazardous
substances (including, but not limited to: oil, pesticicles,
chemical or radiation)?
b. Possible interference with an emergency response plan
or emergency evacuation plan?
c. The creation of any health hazard or potential health
hazard?
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R:\STAFFRPT~0pA97.PCI 4114197 mf 22
ISSUES AND SUPPORTING INFORMATION SOURCES
pc~nfially
Polaaially Unless
Significant Mifif, sfion
No
d. Exposure of people to existing sources of potential health
hazards?
e. Increase fire hazard in areas with fiammable brush,
grass, or treos?
10. NOISE. Would the proposal result in:
a. Increase in existing noise levels?
b. Expostlreofpeopletos~verenoiselovels?
11. PUBLIC SERVICES. Would the proposal hove an effect
upon, or result in a need for new or altered government
services in any of the foBowing areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Maintenance ofpublicfacilities, including roads?
e. Other governmental services?
12. UTHITIES AND SERVICE SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
a. Power or natural gas?
b. Communications systems?
c. Local or regional water treatment or distribution
facilities?
d. Sewer or septic tanks?
e. Storm water drainage?
Solid waste disposal?
g. Local or regional water supplies?
13. AESTHETICS. Would the proposal:
a. Affect a scemc vista or scenic highway?
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R:\STAFFRPIX30PA97.PCI 4/14/97mf 23
ISSUES AND SUPPORTING INFORMATION SOURCES
pok. ntiMly
sis~ia~t
Uuk~t
Mitisati~
NO
b. Have a demonstrable negative aesthetic eftact?
c. Cream light or glare7
14. CULTURAL RESOURCES. Would the proposal:
a. Disturb palenntological resources?
b. Disturb archaeological resources?
c. Affect historical resources?
d. Have the potential to cause a physical change which would
affect unique ethnic cultural values?
e. Restrict existing religious or sacred uses within the potential
impact area?
15. RECREATION. Would the proposal:
a. /ncrease the demand for neighborhood or regional parks or
other mereational faeihties?
b. Affect existing recreational opportunities?
16. MANDATORY FINDINGS OF SIGNIIqCANCE.
Does the project have the potential to degade the quality
of the enviroment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal enmmunity, reduce the number of restrict
the range of a rare or endangered plant or mimal or eliminate
important examples of the major periods of California history
or prehistory?
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b, Does the projaet havethe potential to aehieve short-term, tothe
disadvantage of long-term, environmental goals? [ ]
Does the project have impacts that area individually
limited, but cumulatively considerable? ("Cumulatively
ceusiderable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects).
Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
direc~y or indirectly?
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17. EA]H .H~R ANALYSES.
Environracntal Impact Report No. 202. Impacts w~ adequately addressed.
SOURCES
1. City of Temecula General Plan,
2. City of T emecula General Plan Final Environmental Impact
R:\STAFFRPT~0PA97.PCI 4/14/97 mf 25
DISCUSSION OF THE ENVIRONMENTAL IMPACTS
The project is an Amendment and Restatement of Development Agreement No. 5 for portions of
Specific Plan No. 199 (Margarita Village). The main amendment to the Development Agreement
is reducing the amount of the payment of Public Facility Fees to the City of Temecula. The
Amendment and Restatement of Development Agreement No. 5 will not create any impacts upon
the environment. The overall project (Specific Plan No. 199 - Margarita Village) was analyzed in
Environmental Impact Report No. 202. Any mitigation measures recommended in EIR No. 202
will remain applicable to the project. Further, mitigation measures are contained in the conditions
of approval for TM23100, TM23101, TM 23103 and any subsequent extensions of time and/or
rephasing of these projects.
R:\STAFFRFF~0PA~7.1N21 4/14/97 mf 26
A'i'I'ACHMENT NO. 4
PROPOSED AMENDMENT AND RESTATEMENT
DEVELOPMENT AGREEMENT NO. 5
R:',STAFFRFP,30PA97.PC14/14/97 mf 27
RECORDED AT THE REQUEST OF
WHEN RECORDED RETURN TO
City Clerk
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
(Space Above Line For Recorder's Use)
AMENDMENT AND RESTATEMENT OF DEVELOPMENT
AGREEMENT
SPECIFIC PLAN NO. 199
PLANNING AREAS 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12
PLANNING APPLICATION NO. PA 97-0030
"MARGARITA VILLAGE"
BRAMALEA CALIFORNIA, LLC
AMENDMENT AND RESTATEMENT OF DEVELOPMENT
AGREEMENT
BETWEEN CITY OF TEMECULA
and
BRAMALEA CALIFORNIA, LLC
This Amendment and Restatement of Development Agreement
("Agreement") is entered into by and among the City ofTemecula, a California
Municipal Corporation ("City") and Bramalea California, LLC, a California
Limited Liability Company ("Owner"):
RECITALS
A. Pursuant to California Government Code Section 65864, seq.
("Development Agreement Statutes"), Kaiser Development Company a California
Corporation and others and the County of Riverside, California ("County")
entered into Development Agreement No. 5 recorded in the Official Records of
Riverside County, California on November 7, 1988, as Instrument No. 325515
("Development Agreement No. 5 ").
B. Development Agreement No. 5 encompasses a project formerly
located within County apprnved Specific Plan No. 199 known as "Margarita
Village", a mixed use subdivision, (the "Original Project"), to be developed on
property which came within the municipal boundaries of the City when the City
incorporated on December 1, 1989. This Agreement encompasses only a portion
of the Original Project, a residential development located in a portion of Planning
Areas 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 (the "Project"). The balance of the Original
Project covered by Development Agreement No. 5 not included within Planning
Areas 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 is not amended or impacted by this
Agreement.
C. Pursuant to the provisions of the Development Agreement Statutes,
the City became the successor-in-interest to the County under Development
Agreement No. 5 upon incorporation of the City. Pursuant to Owner obtaining
title to the Project as recorded in the Official Records of Riverside County,
California on June 17, 1996 as Insmanent No. 221922, and pursuant to the
provisions of Development Agreement No. 5, Owner became successor-in-interest
to the "Owner" described in Development Agreement No. 5.
D. Pursuant to Section 65868 of the Development Agreement Statutes,
the City and Owner propose to restate and amend Development Agreement No. 5
to substitute this Agreement for Development Agreement No. 5, but only to the
extent Development Agreement No. 5 pertains to the Project.
E. Pursuant and subject to the Development Agreement Statutes, the
City's police powers and City Resolution No. 91-52, City is authorized to enter
into binding agreements with persons having legal or equitable interest in real
property located within the City's municipal boundaries or sphere of influence
thereby establishing the conditions under which such property may be developed
in the City.
F. By entering into this Agreement, City shall bind future Members of
the City Council of City by the obligations specified herein and further limit the
future exercise of certain governmental and proprietary powers of Members of the
City Council. Likewise, Owner shall bind its successors in interest to the
obligations specified in the Agreement.
G. The terms and conditions of this Agreement have undergone
extensive review by the staff of the City, the Planning Commission of the City, and
the City Council of City and have been found to be fair, just, and reasonable.
H. City finds and determines that it will be in the best interest of its
citizens and the public health, safety and welfare will be served by entering into
this Agreement.
I. All of the procedures and requirements of the California
Environmental Quality Act relevant to this Agreement have been met.
J. Riverside County Ordinance No. 659, as adopted by the City,
establishes public facilities impact fees for residential development within City
CRSA Fees"). City requires these revenues to mitigate the impact of
development. City requires RSA Fees from development of the Property in order
to complete capital projects to mitigate the impact of the Project.
K. Development Agreement No. 5 provided for public facilities and
services impact fees ("County Development Agreement Fees") higher than the
RSA Fees. These higher fees, particularly during the present economic situation,
unduly discourage and delay development and thereby prevent City from ever
receiving the County Development Agreement Fees or RSA Fees. Consequently,
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the City is willing to reduce the County Development Agreement Fees for
residential development in the Project to a level comparable to the RSA Fees.
L. City and Owner acknowledge that development of the Project will
result in the generation of municipal revenue, fo~ public infrastructure facilities
and the enhancement of the quality of life, including recreation facilities for
present and future residents of the City. The benefits to the City and Owner
contemplated by development of the Project include:
(1) completion of vacant lots in Project;
(2) payment of signal mitigation fees;
(3) payment of library fees;
(4) payment of park fees
M. The City and Owner acknowledge that due to the present economic
situation, none of these benefits to the City are possible unless the Project proceeds
with development.
N. City Council of City has approved this Agreement by Ordinance No.
adopted on , and effective on ("Effective
Date"). On the Effective Date, Development Agreement No. 5 shall be terminated
and of no further force and effect as to the Project only, having been replaced by
this Agreement.
NOW, THEREFORE in consideration of the above Recitals and of the
mutual covenants hereinafter contained and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged and
incorporated herein, the parties agree:
1. Definitions. In this Agreement, unless the context otherwise
requires, the following words and phrases shall have the meaning set forth below:
1.1 "City" is the City of Temecula.
1.2 "City Public Facility Fee" is an mount to be established by
Ordinance of City.
1.3 "County" is the County of Riverside.
-3-
1.4 "County Development Agreement Fee" means the County
public facilities and services mitigation fee set forth in Section 4.2 of Development
Agreement No. 5.
1.5 "Development Exaction" means any requirement of City in
connection with or pursuant to any Land Use Regulation or Existing Development
Approval for the dedication of land, the construction of improvements or public
facilities, or the payment of fees in order to lessen, offset, mitigate or compensate
for the impacts of development on the environment or other public interests.
1,6 "Development Plan" means the Existing Development
Approvals..
1.7 "Effective Date" means the date upon which the Ordinance
approving this Agreement becomes effective. Absent a referendum challenge,
such date is thirty (30) days following the date the City Council adopted such
Ordinance.
1.8 "Existing Development Approval(s)" means those certain
development approvals relating to the Property in effect as of the effective date of
this Agreement, including, without limitation, the "Existing Development
Approvals" listed in Exhibit A, attached hereto and incorporated herein by this
reference, which were approved by the County.
1.9 "Existing Land Use Regulations" means those Land Use
Regulations listed on Exhibit B, attached hereto and incorporated herein by this
reference, which are a matter of public record on the Effective Date of this
Agreement.
1.10 "Financing District" means a Community Facilities District
formed pursuant to the Mello-Roos Community Facilities Act of 1982 (California
Government Code Section 53311 et seq., as amended); an assessment district
formed pursuant to Landscaping and Lighting Act of 1972 (California Street and
Highways Code Section 22500 et seq. as amended); a special assessment district
formed pursuant to the Improvement Act of 1911 (California Streets and Highway
Code Section 10102, as amended); or any other special assessment district existing
pursuant to Sate law formed for the purpose of financing the cost of public
improvements, facilities, services and/or public facilities fees within a specific
geographical area of the City.
-4-
1.11 "Hazardous Substance" shall include, without limitation, any
~ammable explosives, radioacftve materials, asbestos, polychlorinated biphenyls,
chemicals known to cause cancer or reproductive toxicity, substances described in
Civil Code Section 2929.5 (e) (2), as it now exists or as subsequently amended,
pollutants, eontaminants, hazardous wastes, toxi~ substances or related materials.
Notwithstanding the foregoing, "Hazardous Substances" shall not include
substances customarily used in developing, operating or maintaining developments
similar to the Project, provided all such substances are used, stored, and disposed
of in accordance with all applicable laws.
1.12 "Interim Public Facilities Fee" means the fees set forth in
Section 12.2 of this Agreement.
1.13 "Land Use Regulations" means all ordinances, resolutions,
codes, rules, regulations, and official policies of City, governing the development
and use of land including without limitation: the permitted use of land; the density
or intensity of use; subdivision requirements; the maximam height and size of
proposed buildings; the provisions for reservation or dedication of land for public
purposes; and the design, improvement, and construction standards and
specifications applicable to the development of the Property. "Land Use
Regulations" does not include any County or City ordinance, resolution, code,
rule, regulation, or official policy, governing:
(a) The conduct of businesses, professions, and occupations;
(b) Taxes and assessments;
(c) The control and abatement of nuisances;
(d) The granting of encroachment permits and the conveyance of
rights and interest which provide for the use of or the entry upon public property;
(e) The exercise of the power of eminent domain.
1.14 "Owner" means Bramalea California, LLC, a California
Limited Liability Company, and any successor in interest to Bramalea California,
LLC.
1.15 "Project" is the development of the Property in accordance
with the Development Plan.
-5-
1.16 "Property" is the real property described in Exhibit C,
attached hereto and incorporated herein by this reference.
1.17 "RSA Fee" means the fee established by County Ordinance
No. 659, adopted by City by Ordinance No. 90.04.
1.18 "Subsequent Development Approvals" means all
development approvals required subsequent to the Effective Date in connection
with development of the Property.
1.19 "Subsequent Land Use Regulation" means any Land Use
Regulation applicable to the Property adopted and effective after the Effective
Date of this Agreement.
2. Interest of Owner. Owner represents that it has the fee title interest
in the Property and that all other persons holding legal or equitable interest in the
Property are to be bound by this Agreement.
3. Exhibits. The following documents referred to in this Agreement are
attached hereto, incorporated herein, and made a part hereof by this reference:
Exhibit Designation
A.
B.
C.
D.
Description
Existing Development Approvals
Existing Land Use Regulations
Legal Description of the Property
Notice From Mortgagee
4. Term.
4.1 The term of this Agreement shall commence on the Effective
Date and shall extend for a period of ten (10) years thereafter, unless this
Agreement is terminated, modified or extended by circumstances set forth in this
Agreement or by mutual consent of the parties hereto.
4.2 This Agreement shall terminate and be of no force and effect
upon the occurrence of the entry of a final judgment or issuance of the final order
after exhaustion of any appeals, directed against the City as a result of any lawsuit
filed against directing the City to set aside, withdraw, or abrogate the approval by
the City Council of City of this Agreement.
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5. Assignment.
5. t Right to Assign. The Owner shall have the right to sell,
transfer, or assign the Property in whole or in part (provided that no such partial
transfer shall violate the Subdivision Map Act, Government Code Section 66410,
et seq., or Riverside County Ordinance No. 460, as the same was incorporated by
reference into the Temecula Municipal Code by Ordinance No. 90-04,) to any
person, partnership, joint venture, firm, or corporation at any time during the term
of this Agreement; provided, however, that any such sale, transfer, or assignment
shall include the assignment and assumption of the rights, duties, and obligations
arising under or from this Agreement and be made in strict compliance with the
following conditions precedent:
(a) No sale, transfer, or assignment of any right or interest under
this Agreement shall be made unless made together with the sale, transfer, or
assignment of all or a part of the Property. Owner agrees to provide specific notice
of this Agreement, including the record or document number, where a tree and
correct copy of this Agreement may be obtained from the Riverside County
Recorder, in any grant deed or other document purporting to transfer the title or an
interest in the Property during the term of this Agreement or any extension thereof.
(b) Concurrent with any such sale, transfer, or assignment, or
within fifteen (15) business days thereafter, the Owner shall notify City, in writing,
of such sale, transfer, or assignment and shall provide City with an executed
agreement, in a form reasonably acceptable to the City Attorney, by the purchaser,
transferee, or assignee and providing therein that the purchaser, transferee, or
assignee unconditionally assumes all the duties and obligations of the Owner under
this Agreement.
Any sale, transfer, or assignment not made in strict compliance with
the foregoing conditions shall constituted a default by the Owner under this
Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee
to execute the agreement required by Paragraph (b) of this Subsection, the burdens
of this Agreement shall be binding upon such purchaser, transferee, or assignee,
but the benefits or this Agreement shall not inure to such purchaser, transferee, or
assignee until and unless such agreement is executed.
5.2 Release of Transferring Owner. Notwithstanding any sale,
transfer, or assignment, a transferring Owner shall continue to be obligated under
this Agreement unless such transferring Owner is given a release in writing by
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City, which release shall be provided by City upon the full satisfaction by such
transferring Owner of ALL of the following conditions:
(a) The Transferring Owner no longer has a legal interest in all or
any part of the Property except as a beneficiary Under a deed of trust.
(b) The Owner is not then in default under this Agreement.
(c) The Owner or purchaser has provided City with the notice and
executed agreement required under Paragraph (b) of Subsection 5.1 above.
(d) The purchaser, transferee, or assignee has provided City with
security equivalent to any security previously provided by the Transferring Owner
to secure performance of its obligations hereunder.
(e) The Transferring Owner has reimbursed City for any and all
City costs associated with Owner's transfer of all or a portion of the Property.
5.3 Termination of Agreement with Respect to Individual Lots
upon Sale to Public and Completion of Construction. Notwithstanding Subsection
5.1, or any other provisions of this Agreement, this Agreement shall terminate with
respect to any lot and such lot shall be released and no longer be subject to this
Agreement without the execution or recordation of any further document upon
satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not
in "bulk") sold or leased (for a period longer than one year) to a member of the
public or other ultimate user; and
(b) A Certificate of Occupancy has been issued for a building on
a lot, and the fees set forth in this Agreement have been paid.
5.4 Subsequent Assignment. Any subsequent sale, transfer, or
assignment after an initial sale, transfer, or assignment shall be made only in
accordance with and subject to the terms and conditions of this Section.
6. Mortgagee Protection. The parties hereto agree that this Agreement
shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from
encumbering the Property or any portion thereof or any improvement thereon by
any mortgage, deed of trust, or other security device securing financing with
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respect to the Property. City acknowledges that the lenders providing such
financing may require certain Agreement interpretations and modifications and
agrees upon request, from time to time, to meet with the Owner and
representatives of such lenders to negotiate in good faith any such requested
interpretation or modification. City will not unreasonably withhold its consent to
any such requested interpretation or modification provided such interpretation or
modification is consistent with the intent and purposes of this Agreement. Owner
shall reimburse City for any and all of City's reasonable costs associated with the
negotiations, interpretations, and modifications within thirty (30) days of receipt of
an invoice from City.
Any Mortgagee of the Property shall be entitled to the following
rights and privileges:
(a) Neither entering into this Agreement nor a breach of this
Agreement shall defeat, render invalid, diminish, or impair the lien of any
mortgage on the Property made in good faith and for value, unless otherwise
required by law,
(b) The Mortgagee of any mortgage or deed of trust encumbering
the Property, or any part thereof, which Mortgagee has submitted a request in
writing, in the form as attached hereto as Exhibit D, attached hereto and
incorporated herein by this reference, to the City in the mariner specified herein for
giving notices, shall be entitled to receive written notification from City of any
default by the Owner in the performance of the Owner's obligations under this
Agreement.
(c) If City timely receives a request from a Mortgagee, in the
form set forth on Exhibit D, attached hereto and incorporated herein by this
reference, requesting a copy of any notice of default given to the Owner under the
terms of this Agreement, City shall endeavor to provide a copy of that notice of
default to the Mortgagee within ten 10 days of sending the notice of default to the
Owner. The Mortgagee shall have the fight, but not the obligation, to cure the
default during the remaining cure period allowed such party under this Agreement.
City shall have no liability for damages or otherwise to Owner, Owner's
successor, or to any Mortgagee or successor thereof for the failure to provide such
notice.
(d) Any Mortgagee who comes into possession of the Property, or
any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed
-9-
in lieu of such foreclosure, shall take the Property, or part thereof, subject to the
terms of this Agreement. Notwithstanding any other provision of this Agreement
to the contrary, no Mortgagee shall have an obligation or duty under this
Agreement to perform any of the Owner's obligations or other affirmative
covenants of the Owner hereunder, or to guarantee such performance, provided
however, that to the extent that any covenant to be performed by Owner is a
condition precedent to the performance of a covenant by City, the performance
thereof shall continue to be a condition precedent to City's performance hereunder,
and further provided that any sale, transfer or assignment by any Mortgagee in
possession shall be subject to the provisions of Section 5.1 of this Agreement. The
term of the Agreement shall not be extended based on the fact that a Mortgagee
holds title to the Property for all or any part of the term of this Agreement.
(e) Any Mortgagee who comes into possession of the Property, or
any portion thereof, pursuant to subsection (d) above and who elects not to assume
the obligations of the Owner set forth herein shall not be entitled to any rights to
develop which have or may have vested as a result of this Agreement.
7. Binding Effect of Agreement. The burdens of this Agreement bind
and the benefits of the Agreement inure to the successors-in-interest to the parties
to it in accordance with the provisions of and subject to the limitations of this
Agreement.
8. Project as a Private Undertakin~rRelationship of Parties. It is
specifically understood and agreed by and between the parties hereto that the
development of the Project is a private development, that neither party is an
independent conu'acting entity with respect to the terms, covenants, and conditions
contained in this Agreement. No parmership, joint venture, or other association of
any kind is formed by this Agreement. The only relationship between City and
Owner is that of a govemment entity regulating the development of private
property and the owner of such property.
9. Changes in Proiect. No change, modification, revision, or alteration
of Existing Development Approvals may be made without the prior approval of the
City. City may expand the permitted uses for the Property without amending this
Agreement so long as Owner or Owner's successor retains his/her/their existing
entitlements.
10. Timing of Development. The parties acknowledge that Owner
cannot at this time predict when, or the rate at which the Property will be
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developed. Such decisions depend upon numerous factors which are not within
the control of Owner, such as market orientation and demand, interest rates,
absorption, completion and other similar factors. Since the California Supreme
Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984),
that the failure of the parties therein to provide for the timing of development
resulted in a later adopted initiative restricting the timing of development to prevail
over such parties, it is the parties intent to cure the deficiency by acknowledging
and providing that the Owner shall have the right to develop the property in such
order, at such rate, and at such times as the Owner deems appropriate within the
exercise of its subjective business judgment, subject only to any timing or phasing
requirements se forth in the Development Plan.
11. Indemnity and Cost of Litigation.
11.1 Hold Harmless. Owner agrees to and shall hold City, its
officers, employees, agents, and representatives harmless from liability for damage
or claims for damage for personal injury including death and claims for property
damage which may arise from the direct or indirect operations of the Owner or
those of its contractor, subcontractor, employee, agents, or other person acting on
its behalf which relate to the Project, regardless of whether or not City prepared,
supplied, or approved plans or specifications for the Project. This indemnification
requirement shall survive the termination or expiration of this Agreement.
11.2 County Litigation Concernin~ Agreement. In the event the
County seeks to challenge the right of City and Owner to enter into this Agreement
or to terminate Development Agreement No. 5, and institutes an action, suit, or
proceeding to challenge this Agreement or invalidate and/or enjoin the
enforcement of this Agreement or the termination of Development Agreement No.
5, City and Owner agree to cooperate and participate in a joint defense in any
action against the parties, their officers, employees, and agents, from and against
any and all such obligations, liability, suit, claim, loss, judgment, or lien resulting
from such action (s) brought by County, (but excluding actions to expunge any lis
pendens) and to share the costs associated with attorneys fees and costs that the
parties may incur as the result of any such action or lawsuit to challenge City
and/or Owner's legal authority to enter into this Agreement and/or terminate
Development Agreement No. 5. If the County action is against all impacted
developments for which the City has lowered the otherwise applicable County
fees, then Owner's defense costs herein shall be its pro rata share among all
impacted landowners based on a ratio of contribution of the total units owned by
Owner which are subject to this Agreement compared to the total number of units
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within the City in which City has lowered the County fees and which are included
in such legal challenge. If the County action is only against Owner with respect to
this Agreement, then Owner's defense costs shall be one-hundred percent (100%)
of the attorneys fees and costs for defense of the !itigation. City and Owner shall
mutually agree on legal counsel to be retained to defend any such action(s) brought
by the County as herein provided. City and Owner each reserve the right to
withdraw from the defense of the County litigation in the event the County
prevails at the trial level and there is an appeal. If either party withdraws after the
trial and there is an appeal, the remaining party shall pay all the costs and fees
associated with the appeal.
11.3 County Litigation Concerning Agreement - Damages. In the
event the County prevails in any legal action or other proceeding to challenge, set
aside, or enjoin the enforcement of this Agreement and the amendment of
Development Agreement No. 5, damages (including the difference in the amount
of any Interim Public Facilities Fee paid by Owner to City pursuant to the terms of
this Agreement and the amount of the County Development Agreement Fee) shall
be the responsibility of Owner. To the extent Owner has paid Interim Public
Facilities Fees to City which are adjudicated to lawfully belong to the County, City
shall pay such sums to County and Owner shall be liable for the payment of the
difference between the County Development Agreement Fee reduced by the
amount paid by the City.
11.4 County Prevails in Litigation - Severability. In the event the
County prevails at the trial court level against the City or the Owner as described
in Section 11.2 of this Agreement, the amount of the Interim Public Facilities Fee
or the City Public Facilities Fee, as the case may be, shall revert to the amount of
the County Development Agreement Fee in effect at the time of entry of the final
judgment in favor of the County, or such lesser amount as determined by the court.
In the event this Agreement is held to be invalid or unenforceable by a trial court
of competent jurisdiction, the provisions set forth in Sections 12.2 and 12.3 of this
Agreement shall no longer be enforceable and from the date of the final judgment
or ruling of invalidity, Owner shall thereafter pay the County Development
Agreement Fee as provided in Section 4.2 of Development Agreement No. 5, or
such lesser amount as determined by the court. All other provisions of this
Agreement shall remain valid and enforceable notwithstanding the ruling of
invalidity.
11.5 Third Party Litigation Concerning Agreement. Owner shall
indemnify, protect, defend, at its expenseH including attorney's fees; and hold
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harmless City, its officers, employees, or agents against any loss, cost expense,
claim, or counter-claim, complaint, or proceeding to attack, set aside, void, or
annul the approval of this Agreement or the approval of any permit granted
pursuant to this Agreement brought by a third party other than the County. City
shall promptly notify Owner of any such claim, action, or proceeding and City
shall cooperate in the defense. If City fails to promptly notify Owner of any such
claim, action, or proceeding, or if City fails to cooperate in the defense, Owner
shall not thereafter be responsible to defend, indemnify, or hold harmless City.
City may in its discretion participate in the defense of any such claim, action, or
proceeding.
11.6 Environmental Assurances. Owner shall indemnify, protect,
defend with counsel approved by City, and hold harmless City, its officers,
employees, agents, assigns, and any successor or successors to City's interest from
and against all claims, actual damages (including but not limited to special and
consequential damages), natural resoumes damages, punitive damages, injuries,
costs, response, remediation, and removal costs, losses, demands, debts, liens,
liabilities, causes of action, suits, legal or administrative proceedings, interests,
fines, charges, penalties and expenses (including but not limited to attorneys' and
expert witness fees and costs incurred in connection with defending against any of
the foregoing or in enforcing this indemnity) of any kind whatsoever paid,
incurred, or suffered by, or asserted against, City or its officers, employees, or
agents arising from or attributable to any repair, cleanup, or detoxification, or
preparation and implementation of any removal, remedial, response, closure, or
other plan ( regardless of whether undertaken due to govemmental action )
concerning a Hazardous Substance or hazardous wastes at any place within the
property which is the subject of this Agreement. The foregoing indemnity extends
beyond the term of this Agreement and is intended to operate as an agreement
pursuant to Section 107(e) of the Comprehensive Environmental Response,
Compensation, and Liability Act, ("CERCLA"), 42 U.S.C. Section 9667(e), and
California Health and Safety Code Section 25364, and their successor statutes, to
insure, protect, hold harmless, and indemnify City from liability.
11.7 Release. Except for nondamage remedies, Owner, for itself,
its successors and assignees, hereby releases the City, its officers, agents,and
employees from any and all claims, demands, actions, or suits of any kind or
nature arising out of any liability, known or unknown, present or future, including,
but not limited to, any claim or liability, based or asserted, pursuant to Article I,
Section 19 of the California Constitution, the Fifth Amendment of the United
States Constitution, or any other law or ordinance which seeks to impose any other
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liability or damage, whatsoever, upon the City because it entered into this
Agreement or because of the terms of this Agreement.
11.8 Reservation of Rights. With respect to Sections 1 I. 1 through
11.7 herein, City reserves the right to either (1) approve the attorney(s) which
Owner selects, hires, or otherwise engages to defend City hereunder, which
approval shall not be unreasonably withheld, or (2) conduct its own defense,
provided, however, the Owner shall reimburse City forthwith for any and all
reasonable expenses incurred for such defense, including attorney's fees, upon
billing and accounting therefor.
11.9 Survival. The provisions of this Section 11.1 to 11.9,
inclusive, shall survive the termination of this Agreement.
12. Public Benefits, Public Improvements and Facilities.
12.1 Intent. The parties acknowledge and agree that this
Agreement confers private benefits on the Owner which should be balanced by
commensurate public benefits. Accordingly, the parties intend to provide
consideration to the public to balance the private benefits conferred on the Owner
by providing morn fully for the satisfaction of the public needs resulting fi:om
development of the Project.
12.2 Interim Public Facilities Fee.
(a) In lieu of the County Development Agreement Fee, RSA Fee
or City Public Facility Fee, for a period of five (5) years commencing on the
Effective Date, Owner shall pay an Interim Public Facilities Fee of Three
Thousand Five Hundred and Ninety Dollars ($3,590.00) per dwelling unit
inclusive of Street Improvement Fees, Traffic Signalization Fees, Fire
Protection Fees, Parks and Recreation Fees and Library Fees. The Interim
Public Facilities Fee shall be paid as provided in Section 12.3 below. At the
conclusion of the five (5) year period, Owner shall either continue to pay the
Interim Public Facilities Fee of Three-Thousand-Five-Hundred and Ninety Dollars
($3,590.00) per dwelling or such other public facilities fee as the City has then
enacted and applied to residential development projects in the City. Owner
expressly acknowledges the existence and holding in the case of Kau~nan and
Broad Central Valley. Inc. v. City of Modesto, (1994), 25 Cal.App.4th 1577, as it
applies to later adopted fees. Owner hereby waives for himself, and for any
successor thereto, the right to challenge the validity or amount of any such other
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public facilities fees which are enacted and applied to residential development
projects in the City. Such waiver applies to the Project after the first five (5) years
of this Agreement. Owner acknowledges and agrees that City would not have
entered into this Agreement if its application or operation would limit in any way
the City's ability to develop and apply a Comprehensive Public Facilities Fee
Program to this Project following the first five (5) years of the term of this
Agreement. Owner further acknowledges and agrees that the waiver provided
herein applies not only to this Agreement, but to any rights Owner may have under
any vesting map filed and deemed complete under the vesting maps statutes,
Government Code Section 66498.1 .et seq.. Finally, Owner agrees that the
institution of any legal action by Owner, or any successor thereof, to challenge the
validity, amount, or application of any public facilities fee after the first five (5)
years of this Agreement, including paying such fees "under protest" pursuant to
Government Code Section 66020 et seq., shall constitute a material breach and
default under this Agreement entitling the City to summary termination hereof.
(b) The fees required by paragraph (a) shall be adjusted annually
during the term of this Agreement on the anniversary of the Effective Date in
accordance with the changes in the Consumer Price Index for All Urban
Consumers in the Los Angeles-Anaheim-Riverside Area (hereinafter CPI)
published monthly by the U.S. Bureau of Labor Statistics. The annual adjustment
shall be calculated in the following manner:
(i) Divide the CPI for month and year of the Effective
Date into the CPI for the month immediately preceding the anniversary in which
the fees are to be adjusted.
(ii) Multiply the quotient obtained by the calculation in
sub-paragraph (i) above times the fees.
(iii) The result of the multiplication obtained in sub-
paragraph (ii) above shall constitute the fees payable during the succeeding year.
If the CPI specified herein is discontinued or revised during the term
of this Agreement, such other government index or computation with which it is
replaced shall be used in order to obtain substantially the same result as would
have been obtained if the CPI had not been discontinued.
In no event shall the fees be less than the fees set forth in paragraph
(a) of this Section 12.2.
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12.3 Timing. Collection of any and all Interim Public Facilities
Fees and/or City Public Facilities Fees, if any, required to be paid by Owner
pursuant to this Agreement shall be deferred until such time as a certificate of
occupancy has been obtained for the first production home built on the Property.
Thereafter, the Interim Public Facilities Fees and/or City Public Facilities Fees, if
any, shall be paid at the time issuance of building permits for each residential unit
constructed on the Property. Collection of any and all Interim Public Facilities
Fees and/or City Public Facilities Fees paid by the Owner for all home units paid
prior to adoption of the Agreement in surplus to those fees contained herein shall
be credited to Owner.
12.4 Other Applicable Fees.
(a) Owner shall also pay all other customary and typical
development exactions, for a project of this size and nature, in existence as of the
Effective Date and throughout the term of this Agreement, not included in the
Interim Public Facilities Fee, pursuant to provisions of City ordinances and
resolutions in existence when paid.
(b) The parties hereto agree that to the extent the applicable Steven's
Kangaroo Rat and drainage fees have not been paid prior to the execution of this
Agreement by both parties, those fees remain applicable to the Project.
12.5 Public Works. If Owner is required by this Agreement or any
other obligation, to construct any public works facilities which will be dedicated to
City or any other public agency upon completion, and if required by applicable
laws to do so, Owner shall perform such work in the same manner and subject to
the same requirements as would be applicable to City or such other public agency
should it have undertaken such construction.
13. Reservation of Authority.
13.1 Limitations. Reservations. and Exceptions. Notwithstanding
any other provision of the Agreement, the following Subsequent Land Use
Regulations shall apply to the development of the Property:
(a) Processing fees and charges imposed by City to cover the
estimated actual costs to City of processing applications for Subsequent
Development Approvals.
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(b) Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendations,
appeals, and any other matter of procedure.
(c) Regulations imposing Development Exaction's; provided,
however, that no such subsequently adopted Development Exaction's shall be
applicable to development of the Property unless such Development Exaction's are
applied uniformly to development throughout the City.
(d) Regulations goveming construction standards and
specifications including without limitation, the City's Building Code, Plumbing
Code, Mechanical Code, Electrical Code, and Fire Code.
(e) Regulations which are NOT in conflict with the Development
Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate
or timing of development of the Property shall be deemed to conflict with the
Development Plan and shall therefore not be applicable to the development of the
Property.
(f) Regulations which are in conflict with the Development Plan,
provided Owner has given written consent to the application of such regulations to
development of the Property.
13.2 Subsequent Development Approvals. This Agreement shall
not prevent City, in acting on Subsequent Development Approvals, from applying
the Subsequent Land Use Regulations which do not conflict with the Development
Plan, nor shall this Agreement prevent City from denying or conditionally
approving any Subsequent Development Approval on the basis of the Existing or
Subsequent Land Use Regulations not in conflict with the Development Plan.
13.3 Modification or Suspension by State or Federal Law. In the
event that State or Federal laws or regulations enacted after the Effective Date of
this Agreement prevent or preclude compliance with one or more of the provisions
of this Agreement, such provisions of this Agreement shall be modified or
suspended as may be necessary to comply with such State or Federal laws or
regulations. In that event, however, this Agreement shall remain in full force and
effect to the extent it is not inconsistent with such laws or regulations and to the
extent such laws or regulations do not render such rema'ming provisions
impractical to enforce.
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13.4 Regulation by Other Public Agencies. It is acknowledged by
the parties that other public agencies not within the control of City possess
authority to regulate aspects of the development 9fthe Property separately from or
jointly with City and this Agreement does not limit the authority of such other
public agencies.
13.5 Tentative Tract Map Extension. Pursuant to the provisions of
Section 66452.6 of the Government Code, the tentative subdivision map(s) or
tentative parcel map(s) (vested or regular) approved as a part of implementing the
Development Plan shall be extended to expire at the end of the term of this
Agreement.
13.6 Vesting Tentative Maps. If any tentative or final subdivision
map, or tentative or final parcel map, heretofore or hereafter approved in
connection with the development of the Property, is a vesting map under the
Subdivision Map Act (Government Code Section 66410, et seq.) and Riverside
County Ordinance No. 460, as the same were incorporated by reference into the
Temecula Municipal code by Ordinance No. 90-04, and if this Agreement is
determined by a final judgment to be invalid or unenforceable insofar as it grants a
vested right to develop to the Owner, then and to that extent the rights, obligations,
and protections afforded the Owner and City respectively, under the laws and
ordinances applicable to vesting maps shall supersede provisions of this
Agreement. Except as set forth immediately above, development of the Property
shall occur only as provided in this Agreement, and the provisions in this
Agreement shall be controlling over conflicting provisions of law or ordinances
concerning vesting maps.
14. Development of the Propertv~ Vesting. Termination of Development
Agreement No. 5
14.1 Rights to Develop. Subject to the terms of this Agreement,
including payment of the Interim Public Facilities Fee, the Owner shall have a
vested right to develop the Property in accordance with, and to the extent of the
Development Plan. The Project shall remain subject to all Subsequent
Development Approvals required to complete the Project as contemplated by the
Development Plan. Except as otherwise provided in this Agreement, the permitted
uses of the Property, the density and intensity of tree, the maximum height and size
of proposed buildings, and provisions for reservation and dedication of land for
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public purposes shall be those set forth in the Development Plan. In exchange for
the vested right to develop pursuant to this Agreement, Owner expressly waives
for himself and for any successor thereto, the right to challenge or contest the
validity of any condition of approval attached to any entitlement which is a part of
the Development Plan.
14.2 Effect of A~reement on Land Use Regulations. Except as
otherwise provided under the terms of this Agreement, including the payment of
the Interim Public Facilities Fee, the rules, regulations, and official policies
governing permitted uses of the Property, the density and intensity of use of the
Property, the maximum height size of proposed buildings, and the design,
improvement and construction standards and specifications applicable to
development of the Property shall be Existing Land Use Regulations. City shall
exercise its lawful reasonable discretion in connection with Subsequent
Development Approvals in accordance with the Development Plan, and as
provided by this Agreement including, but not limited to, payment of the Interim
Public Facilities Fee and/or the City Public Facilities Fee, as the case may be. City
shall accept for processing, review, and action all applications for Subsequent
Development Approvals, and such applications shall be processed in the normal
manner for processing such matters. City may, at the request of Owner, contract
for planning and engineering consultant services to expedite the review and
processing of Subsequent Development Approvals, the cost of which shall be
borne by Owner.
14.3 Changes and Agreements. The parties acknowledge that
refinement and further development of the Project will require Subsequent
Development Approvals and may demonstrate that changes are appropriate and
mutually desirable in the Existing Development approvals. In the event the Owner
finds that a change in the Existing Development Approvals is necessary or
appropriate, the Owner shall apply for a Subsequent Development Approval to
effectuate such change. Ifapproved, any such change in the Existing Development
Approvals shall be incorporated herein as addendum to this Agreement and may be
further changed from time to time as provided in this Section. Owner, shall,
within thirty (30) days of written demand by City, reimburse City for any and all
reasonable costs, associated with any amendment or change to this Agreement that
is initiated by Owner or Owner's successor -- without regard to the outcome of the
request for amendment or change to this Agreement. Unless otherwise required by
law, as determined in City's reasonable discretion, a change to the Existing
Development Approvals shall be deemed "minor" and not require an amendment
to this Agreement provided such a change does not:
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(a) Alter the permitted uses of the Property as a whole, except as
provided in Section 9 hereof; or,
(b) Increase the density or intensity of use of the Property as a
whole; or,
(c)
Increase the maximum height and size of permitted buildings;
(d) Delete a requirement for the reservation or dedication of land
for public purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or a supplemental
Environmental Impact Report pursuant to Section 21166 of the Public Resources
Code.
14.4 Minimum Unit Size. Owner agrees that the units to be
constructed on the Property shall be a minimum of two thousand (2,000) square
feet in size.
14.5 Termination of Development Agreement No. 5. Both City
and Owner agree that on the Effective Date of this Agreement, Development
Agreement No. 5 shall be terminated and of no further fome or effect as to this
Project only, having been replaced by this Agreement.
15. Periodic Review of Compliance with A~reement.
(a) Pursuant to City Resolution No. 91-52, as it may be
subsequently amended, City shall review this Agreement at least once during every
twelve (12) month period from the Effective Date of this Agreement. The Owner
or successor shall reimburse City for the reasonable and necessary costs of this
review, within thirty (30) days of written demand from City.
(b) During each periodic review by City, the Owner is required to
demonstrate good faith compliance with the terms of this Agreement. The Owner
agrees to furnish such evidence of good faith compliance as City in the exercise of
its discretion may require.
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16. Financing District. Upon the request of Owner, the parties shall
cooperate in exploring the use of special assessment districts and other similar
Financing Districts for the financing of the construction, improvement, or
acquisition of public infrastructure, facilities, lands, and improvements to serve the
Project and its residents, whether located within 6r outside the Property. It is
acknowledged that nothing contained in this Agreement shall be construed as
requiring City or City Council to form such a district or to issue or sell bonds.
17. Am'eement or Cancellation of Agreement. This Agreement may be
amended or canceled in whole or in part only by mutual consent of the parties and
in the manner provided for in Government Code Sections 65868. If an amendment
is requested by the Owner or its successor, the Owner/successor agrees to pay City
any Development Agreement processing fee then in existence as established by
City Council Resolution, or if no such fee is established, to reimburse City for the
actual and reasonably necessary costs of reviewing and processing the Agreement
within thirty (30) days of written demand from City -- without regard to City's
action on such amendment.
18. Enforcement. Unless amended or canceled as herein provided, this
Agreement is enforceable by any party to it, notwithstanding a change in the
applicable general or specific plan, zoning, subdivision, or building regulations
adopted by the City.
19. Events of Default. Owner is in default under this Agreement upon
the happening of one or more of the following events or conditions:
(a) If a warranty, representation, or statement made or furnished
by Owner to City is false or proves to have been false in any material respect when
it was made;
(b) More than forty-five (45) days have passed since City's
making of a written request to Owner for payment or reimbursement for a fee or
service authorized or agreed to pursuant to this Agreement.
(c) A finding and determination by City that upon the basis of
substantial evidence the Owner has not complied in good faith with one or more at
the terms or conditions of this Agreement.
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20. Procedure Upon Default.
(a) Upon the occurrence of an event of default, City may
terminate or modify this Agreement in accordantic with the procedure adopted by
the City.
(b) City does not waive any claim of defect in performance by
Owner implied if on periodic review the City does not propose to modify or
terminate this Agreement.
(C)
a third person.
Non-performance shall not be excused because of a failure of
(d) Non-performance shall be excused only when it is prevented
or delayed by acts of God or an emergency declared by Govemor.
(e) All other remedies at law or equity which are not otherwise
provided for in this Agreement or in City's regulations governing development
agreements are available to the parties to pursue in the event there is a breach.
21. Remedies. In general, each of the parties hereto may pursue any
remedy at law or equity available for the breach of any provision of this
Agreement, except that City, and its officers, employees and agents, shall not be
liable in damages to Owner or to any assignee, transferee of Owner, or any other
person, and Owner covenants not to sue for claim any damages for breach of that
Agreement by City. It is acknowledged by the parties that City would not have
entered into this Agreement if it were to be liable in damages under or with respect
to this Agreement or the application thereof. Owner, for himself or any successor
thereto, expressly waives the fight to seek damages against the City or any officer,
employee or agent thereof, for any default or breach of this Agreement.
22. Attomev's Fees and Costs. If legal action by either party is brought
because of breach of this Agreement or to enforce a provision of this Agreement,
the prevailing party is entitled to reasonable attorneys fees and court costs.
23. Notices. All notices required or provided for under this Agreement
shall be in writing and delivered in person or sent by certified mail postage prepaid
and presumed delivered upon actual receipt by personal delivery or within three
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(3) days following deposit thereof in United States Mail. Notice required to be
given to City shall be addressed as follows:
To City:
City of Temecula
P.O. Box 9033
Temecuta, CA 92589-9033
Attn: City Clerk
With a copy to:
Peter M. Thorson, City Attorney
Richards, Watson & Gershon
A Professional Corporation
333 So. Hope Street, 381h Floor
Los Angeles, CA 90071-1469
Notices required to be given to Owner shall be addressed as follows:
To Owner:
Bramalea California, LLC
23333 Avenida la Caza
Coto de Caza, CA 92679
ATTN: Emile Hadda, Senior Vice President
A party may change the address by giving notice in writing to the other party in the
manner provided for herein, and thereafter notices shall be addressed and
transmitted to the new address.
24. Cooperation. City agrees that it shall accept for processing and
promptly take action on all applications, provided they are in a proper form and
acceptable for required processing for discretionary permits, tract or parcel maps,
or other land use entitlement for development of the Project in accordance with the
provisions of this Agreement. City shall cooperate with Owner in providing
expeditious review of any such applications, permits, or land use entitlement and,
upon request and payment of any costs and/or extra fees associated therewith by
Owner, City shall assign to the Project planner(s), building inspector(s), and/or
other staff personnel as required to insure the timely processing and completion of
the Project.
25. Miscellaneous Provisions.
25.1 Reeordation of Agreement. This Agreement and any
amendment or cancellation thereof shall be recorded with the County Recorder by
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the City Clerk within the period required by Section 65868.5 of the Government
Code.
25.2 Entire Agreement. This Agreement sets forth and contains
the entire understanding and agreement of the parties, and there are no oral or
written representations, understandings or ancillary covenants, undertakings or
agreements which are not contained or expressly referred to herein. No testimony
or evidence of any such representations, understandings or covenants snail be
admissible in any proceeding of any kind or nature to interpret or determine the
terms or conditions of this Agreement.
25.3 Severability. If any term, provision, covenant or condition of
this Agreement shall be determined invalid, void or unenforceable, the remainder
of this Agreement shall not be affected thereby to the extent such remaining
provisions are not rendered impractical to perform taking into consideration the
purposes of this Agreement. Notwithstanding the foregoing, the provision of the
Public Benefits set forth in Section 4 of this Agreement, including the payment of
the fees set forth therein, are essential elements of this Agreement and City would
not have entered into this Agreement but for such provisions, and therefore in the
event such provisions are determined to be invalid, void or unenforceable, this
entire Agreement shall be null and void and of no force and effect whatsoever.
25.4 Interpretation and Governing Law. This Agreement and any
dispute arising hereunder shall be governed and interpreted in accordance with the
laws of the State of California. This Agreement shall be construed as a whole
according to its fair language and common meaning to achieve the objectives and
purposes of the parties hereto, and the rule of construction to the effect that
ambiguities are to be resolved against the draRing party shall not be employed in
interpreting this Agreement, all parties having been represented by counsel in the
negotiation and preparation hereof.
25.5 Section Headings. All section headings and subheadings are
inserted for convenience only and shall not affect any construction or
interpretation of this Agreement.
25.6 Singular and Plural. As used herein, the singular of any word
includes the plural.
25.7 Joint and Several Obligations. If at any time during the term
of this Agreement the Property is owned, in whole or in part, by more than one
- 24 -
Owner, all obligations of such Owners under this Agreement shall be joint and
several, and the default of any such Owner shall be the default of all such Owners.
Notwithstanding the foregoing, no Owner of a single lot which has been finally
subdivided and sold to such Owner as a member of the general public or otherwise
as an ultimate user shall have any obligation under this Agreement except as
provided under Section 4 hereof.
25.8 Time of Essence. Time is of the essence in the performance
of the provisions of this Agreement as to which time is an element.
25.9 Waiver. Failure by a party to insist upon the strict
performance of any of the provisions of this Agreement by the other party, or the
failure by a party to exercise its rights upon the default of the other party, shall not
constitute a waiver of such party's right to insist and demand strict compliance by
the other party with the terms of this Agreement thereafter.
25.10 No Third Party Beneficiaries. This Agreement is made and
entered into for the sole protection and benefit of the parties and their successors
and assigns. No other person shall have any right of action based upon any
provision of this Agreement.
25.11 Force Majeure. Neither party shall be deemed to be in default
where failure or delay in performance of any of its obligations under this
Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or
similar hostilities, strikes and other labor difficulties beyond the party's control,
(including the party's employment force), government regulations, court actions
(such as restraining orders or injunctions), or other causes beyond the party's
control. If any such events shall occur, the term of this Agreement and the time for
performance by either party of any of its obligations hereunder may be extended
by the written agreement of the parties for the period of time that such events
prevented such performance, provided that the term of this Agreement shall not be
extended under any circumstances for more than five (5) years.
25.12 Mutual Covenants. The covenants contained herein are
mutual covenants and also constitute conditions to the concurrent or subsequent
performance by the party bene~ted thereby of the covenants to be performed
hereunder by such bene~ted party.
25.13 Successors in Interest. The burdens of this Agreement shall
be binding upon, and the benefits of this Agreement shall inure to, all successors in
- 25 -
interest to the parties to this Agreement. All provisions of this Agreement shall be
enforceable as equitable servitudes and constitute covenants running with the land.
Each covenant to do or refrain ~'om doing some act hereunder with regard to
development of the Property: (a) is for the benefit of and is a burden upon every
portion of the Property; (b) runs with the Property and each portion thereof; and (c)
is binding upon each party and each successor in interest during ownership of the
Property or any portion thereof.
25.14 Counterparts. This Agreement may be executed by the parties
in counterparts, which counterparts shall be construed together and have the same
effect as if all of the parties had executed the same instrument.
25.15 Jurisdiction and Venue. Any action at law or in equity arising
under this Agreement or brought by an party hereto for the purpose of enforcing,
construing or determining the validity of any provision of this Agreement shall be
filed and tried in the Superior Court of the County of Riverside, State of
Califomia, and the parties hereto waive all provisions of law providing for the
filing, removal or change ofvenue to any other court.
25.16 Further Actions and Instruments. Each of the parties shall
cooperate with and provide reasonable assistance to the other to the extent
contemplated hereunder in the performance of all obligations under this
Agreement and the satisfaction of the conditions of this Agreement. Upon the
request of either party at any time, the other party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or record such
required instruments and writings and take any actions as may be reasonably
necessary under the terms of this Agreement to carry out the intent and to fulfill
the provisions of this Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
25.17 Eminent Domain. No provision of this Agreement shall be
construed to limit or restrict the exercise by City of its power of eminent domain.
25.18 Agent for Service of Process. In the event owner is not a
resident of the State of California or it is an association, partnership or joint
venture without a member, partner or joint venturer resident of the State of
Califomia, or it is a foreign corporation, then in any such event, Owner shall file
with the Planning Director, upon its execution of this Agreement, a designation of
a natural person residing in the State of Califomia, giving his or her name,
residence and business addresses, as its agent for the purpose of service of process
- 26 -
in any court action arising out of or based upon this Agreement, and the delivery to
such agent of a copy of any process in any such action shall constitute valid
service upon Owner. If for any reason service of such process upon such agent is
not feasible, then in such event Owner may be personally served with such process
out of this County and such service shall constitute valid service upon owner.
Owner is amenable to the process so served, submits to the jurisdiction of the
Court so obtained and waives any and all objections and protests thereto.
26. Authority to Execute. Each party hereto expressly warrants and
represents that he/she/they has/have the authority to execute this Agreement on
behalf of his/her/their corporation, partnership, business entity, or governmental
entity and warrants and represents that he/she/they has/have the authority to bind
his/her/their entity to the performance of its obligations hereunder.
IN WITNESS WHEREOF this Agreement has been executed by the authorized
representatives of the parties hereto.
"City"
City of Temecula
Attest:
By:
Karel F. Lindemans, Mayor
June S. Greek, City Clerk
Approved as to form:
Peter M. Thorson, City Attorney
[Notary Required]
"Owner"
Bramalea California, LLC, a California
Limited Liability Company
By: Bramalea California Inc., Manager
By:
Emile K. Haddad
Senior Vice President
- 27 -
ALL PURPOSE ACKNOWLEDGMENT
State of California )
County of )
On
appeared
, 1996, before me,
, personally
[]
[]
personally known to me -OR-
proved to me on the basis of satisfactory evidence be the person(s) whose
names(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
act executed the instrument.
Wimess my hand 'and official seal.
SIGNATURE OF NOTARY
[]
[]
CAPACITY CLAIMED
BY SIGNER
INDIVIDUAL(S)
OFFICER(S) (TITLE[S]):
[]
[]
[]
[]
[]
[]
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
OTHER:
Chairperson
SIGNER IS REPRESENTING:
Name of person(s) or entity(ies)
- 28 -
EXHIBIT A
EXISTING DEVELOPMENT APPROVALS
General Plan - Low-Medium Density Residential
Specific Plan - County of Riverside Ordinance No. 460, Specific Plan No. 199
(Margarita Village)
Planning Application No. - PA94-0078, PA94-0079 and PA94-0080
Land Divisions - Final Tract Map No. 23100-1
Final Tract Map No. 23101-2
Tentative Tract Map No. 23100
Tentative Tract Map No. 23101
Tentative Tract Map No. 23103
Tentative Tract Map No. 28503
EXHIBIT B
EXISTING LAND USE REGULATIONS
General Plan Land Use designation is Low-Medium Density Residential.
Specific Plan 199 (Margarita Village)
* ,
EXHIBIT C
LEGAL DESCRIPTION
THE LAND IS SITUATED IN THE STATE OF CALIFORNIA. COUNTY OF
RIVERSIDE, CITY OF TEMECULA AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
LOTS 35 THROUGH 38, INCLUSIVE, 60 THROUGH 63, INCLUSIVE, AND
LOT 75 OF TRACT 23100-1, AS SHOWN BY MAP ON FILE IN BOOK 214
PAGES 5 THROUGH I 1 OF MAPS, RECORDS OF RIVERSDE COUNTY,
CALIFORNIA;
EXCEPTING THEREFROM ALL MINERAL, OIL AND GAS RIGHTS
BELOW THE DEPTH OF 500.00 FEET BELOW THE SURFACE OF SAID
LAND WITHOUT THE RIGHT OF SURFACE ENTRY AS RESERVED BY
KAISER DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION, IN
DEED RECORDED NOVEMBER 13, 1987 AS INSTRUMENT NO. 326397 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL B
LOTS 8 THROUGH 55, INCLUSIVE, AND LOT 109, ALL OF TRACT No. 23101-2,
IN THE CITY OF TEMECULA, COUNTY OF RWERSIDE, STATE OF
CALIFORNIA, AS SHOWN PER MAP ON FILE IN BOOK 228 OF MAPS, PAGES 15
THROUGH 21, INCLUSWE, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA;
EXCEPTING THEREFROM ALL MINERAL, OIL, AND GAS RIGHTS BELOW THE
DEPTH OF 500.00 FEET BELOW THE SUREACE OF SAID LAND WITHOUT THE
RIGHT OF SURFACE ENTRY, AS RESERVED BY KAISER DEVELOPMENT
COMPANY, A CALIFORNIA CORPORATION, IN DEED RECORDED NOVEMBER
13, 1987, AS INSTRUMENT No. 326397. OF OFFICIAL RECORDS OF SAID
COUNTY, AND AS DEEDED TO MIDLAND INVESTMENT CORPORATION IN
DOCUMENT RECORDED APRIL 15. 1988, AS INSTRUMENT No. 99500, OF
OFFICIAL RECORDS OF SAID COUNTY.
C-I
CHARDONNAY HILLS
PARCEL C
PARCEL I OF PARCEL MAP No. 22554, IN THE CITY OF TEMECULA, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN PER MAP ON FILE IN
BOOK 147 OF PARCEL MAPS, PAGES 94 THROUGH 98, INCLUSIVE, OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
TOGETHER WITH A PORTION OF THE PROPERTY, IN THE CITY OF
TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN
"PARCEL A" OF THE DOCUMENT RECORDED MARCH 25, 1970, AS
INSTRUMENT No. 27617 (SAD INSTRUMENT BEING REFERENCED AS
"INSTRUMENT No. 27167" IN THE HEREINBELOW-MENTIONED DEED), OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PORTION
BEING ALL THAT PROPERTY CONVEYED BY DEED RECORDED MAY 11, 1994,
AS INSTRUMENT No. 193985, OF OFFICIAL RECORDS OF SAID COUNTY;
TOGETHER WITH A PORTION OF THE PROPERTY, IN THE CITY OF
TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN
THE DOCUMENT RECORDED APRIL 11, 1989, AS INSTRUMENT No. 113880, OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PORTION
BEING ALL THAT PROPERTY CONVEYED BY DEED RECORDED APRIL 23,
1990, AS INSTRUMENT No. 146747, OF OFFICIAL RECORDS OF SAID COUNTY;
EXCEPTING THEREFROM ALL OF TRACT No. 23100-I, AS SHOWN PER MAP
ON FILE IN BOOK 214 OF MAPS, PAGES 5 THROUGH II, INCLUSIVE, OF
OFFICIAL RECORDS OF SAID COUNTY;
ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23100-2, AS SHOWN PER
MAP ON FILE IN BOOK 214 OF MAPS, PAGES 12 THROUGH 15, INCLUSIVE, OF
OFFICIAL RECORDS OF SAID COUNTY;
ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23100-3, AS SHOWN PER
MAP ON FILE IN BOOK 222 OF MAPS, PAGES 44 THROUGH 49, INCLUSIVE OF
OFFICIAL RECORDS OF SAID COUNTY;
ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23101-1, AS SHOWN PER
MAP ON FILE IN BOOK 218 OF MAPS, PAGES 31 THROUGH 34, INCLUSIVE, OF
OFFICIAL RECORDS OF SAID COUNTY;
C-2
CHARDONNAYH~
ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23101-2, AS SHOWN PER
MAP ON FILE IN BOOK 228 OF MAPS, PAGES 15 THROUGH 21, INCLUSIVE, OF
OFFICIAL RECORDS OF SAID COUNTY;
ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23100-4, AS SHOWN PER
MAP ON FILE IN BOOK 249 OF MAPS, PAGES 57 THROUGH 60, INCLUSIVE, OF
OFFICIAL RECORDS OF SAID COUNTY;
ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23101-3, AS SHOWN PER
MAP ON FILE IN BOOK 249 OF MAPS, PAGES 61 AND 62, OF OFFICIAL
RECORDS OF SAID COUNTY;
ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23103-1, AS SHOWN PER
MAP ON FILE IN BOOK 252 OF MAPS, PAGES 29 THROUGH 31, INCLUSIVE, OF
OFFICIAL RECORDS OF SAID COUNTY;
ALSO EXCEPTING THEREFROM THOSE PORTIONS CONVEYED BY DEEDS
RECORDED NOVEMBER 17, 1989, AS INSTRUMENT Nos. 403924, 403925,
403926, AND 403927, ALL OF OFFICIAL RECORDS OF SAID COUNTY;
ALSO EXCEPTING THEREFROM THOSE PORTIONS CONVEYED BY DEEDS
RECORDED OCTOBER 13, 1994, AS INSTRUMENT Nos. 394940, 394941, AND
394942, ALL OF OFFICIAL RECORDS OF SAID COUNTY;
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED IN "PARCEL A"
OF THE GRANT DEED TO THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA RECORDED DECEMBER 13, 1967, AS INSTRUMENT
No. 109720, OF OFFICIAL RECORDS OF SAID COUNTY;
ALSO EXCEPTING THEREFROM ALL MINERAL, OIL, AND GAS RIGHTS
BELOW THE DEPTH OF 500.00 FEET BELOW THE SURFACE OF SAID LAND
WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY KAISER
DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION, IN DEED
RECORDED NOVEMBER 13, 1987, AS INSTRUMENT No. 326397, OF OFFICIAL
RECORDS OF SAID COUNTY, AND AS DEEDED TO MIDLAND INVESTMENT
CORPORATION IN DOCUMENT RECORDED APRIL 15, 1988, AS INSTRUMENT
No. 99500, OF OFFICIAL RECORDS OF SAID COUNTY.
C-3
CHARDONNAY HILLS
PARCEL D
TENTATIVE TRACT NO. 28503 BEING A SUBDIVISION OF THE FOLLOWING:
PORTION OF PARCEL I OF PARCEL MAP NO. 22554, AS SHOWN BY MAP ON
FILE IN BOOK 147 PAGE(S) 94 THROUGH 98, INCLUSIVE, OF PARCEL MAPS,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN
COURSE SHOWN ON SAID PARCEL MAP ON THE CENTERLINE OF "LA
SERENA WAY" DESCRIBED ON SAID PARCEL MAP AS "NORTH 71° 08' 38"
EAST 1124.10 FEET";
THENCE ALONG SAID CERTERLINE SOUTH 71° 08' 38" WEST 1124. t0 FEET TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 2000.00 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE WESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 7° 40' 53" AN ARC DISTANCE OF
268.13 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL 1;
THENCE LEAVING SAID CENTERLINE NON-TANGENT FROM SAID CURVE
ALONG SAID BOUNDARY OF PARCEL I NORTH 26° 32' 15" WEST 472. I 0 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY THE FOLLOWING SEVEN
COURSES NORTH 63° 49' 07" EAST 112.13 FEET. NORTH 58° 41' 11" EAST 389.65
FEET, NORTH 47° 4Y 00" EAST 150.14 FEET, NORTH 40° 12' 06" EAST 149.88
FEET. NORTH 31° IY 28" EAST 149.82 FEET. NORTH 22° 38' 36" EAST 141.22
FEET. AND SOUTH 47° 40' 42" EAST 1012.35 FEET TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FEE GRANT TO
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA PER
GRANT DEED RECORDED ON DECEMBER 13, 1967 AS INSTRUMENT No.
109720 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
C-4
~ PARCEL A (NON-CON~TGUDUS)
~ PARCEL B (NON-CONllGUOUS)
~'~ PARCEL C (NON-CONllGUOUS)
~ PARCEL D (NON-CONllGUOUS)
CHARDONNAY HILLS
TEMECULA, CALIFORNIA
PARCEL EXHIBIT
EXHIBIT D
REQUEST FOR NOTICE OF DEFAULT UNDER DEVELOPMENT
AGREEMENT
Development Agreement:
Amendment and Restatement
of Development Agreement
Specific Plan No. 180, Rancho Highlands
Planning Application No.
Date:
To:
City of Clerk and Planning Director, City of Temecula
Pursuant to Section 6(b) and (c) of the above-referenced Amendment
and Restatement of Development Agreement, request is hereby made by
as Mortgagee for the properly (or portion thereof) to receive
copies of any Notice of Default issued by City against Owner in accordance with
the terms and conditions of such Amendment and Restatement of Development
Agreement. Copies of any such Notices should be mailed to the following
address:
(Mortgagee)
(Person/Department)
(Address)
(City/State/Zip)
(Telephone No.)
A copy of this Notice should be filed with the project file to insure proper and
timely notice is given. Under the terms of the Amendment and Restatement of
Development Agreement, as Mortgagee is entitled to receive
copies of any Notice of Default within ten (10) days of sending any such Notice
to Owner. Failure to send any such Notice may have serious legal
consequences for the City.
This request is to remain in effect until revoked by as
Mortgagee or the Amendment and Restatement of Development Agreement is
Terminated.
The person executing this document on behalf of the Mortgagee warrants and
represents that the entity he/she represents is a bona fide Mortgagee of the property
and is entitled to receive copies of Notices of Default under the Amendment and
Restatement of Development Agreement.
The undersigned declares the above information is true and correct under the
penalty of perjury under the laws of the State of California.
Dated: , 1996
Mortgagee
By:
(signature)
Its:
(printed name)
(title)
[Notary required]
This Notice is to be sent to both the City Clerk and Planning Director for the City
of Temecula at P.O. Box 9033, Temecula, Ca 925989-9033 or such other location
as Temecula City Hall may be located in the future.
ATTACHMENT NO. 5
EXHIBITS
R:\STAFFRF~30pA97.PCI 4/14/97mf 28
II
CITY OF TEMECULA
PLANNING APPLICATION NO. PA97-0030 (DEVELOPMENT AGREEMENT)
EXHIBIT- A VICINITY MAP
"".ANNING COMMISSION DATE - APRIL 21, 1997
R:~TAFFRFI~0pA97.PC14/9/97 mf
ITEM #4
MEMORANDUM
TO:
FROM:
DATE:
April 21, 1997
SUBJECT:
Appeal of the Planning Director's denial of a request for an extension of time for
Minor Conditional Use Permit No. PA96-0065 - A sand screening and transport
operation located at 3800 East Nicolas Road.
Prepared by:
Stephen Brown, Project Planner
RECOMMENDATION:
AFFIRM the decision of the Planning Director to deny
Planning Application No. PA97-0057, a request for an
extension of time for Minor Conditional Use Permit No.
PA96-0065, based upon the Analysis and Findings
contained in the staff report
ADOPT PC Resolution No. 97- upholding the Planning
Director's decision denying Planning Application No. PA97-
0057 (request for a ninety (90) day extension of time) to
conduct a mining operation located at 38000 East Nicolas
Road and known as Assessor's Parcel No. 957-130-
001,002 and 957-340-007,008 and 914-280-007
BACKGROUND
On June 27, 1996 the Planning Director approved Planning Application No. PA96-0065. This
application was a request to screen and transport 50,000 cubic yards of stockpiled sand.
Minor Conditional Use Permit No. PA96-0065 expired on December 31, 1996 in accordance
with the conditions of approval. The applicant filed Planning Application No. PA97-0057,
requesting a ninety day extension to finish processing and transporting the remaining 7,000
cubic yards of sand. The Planning Director denied the request for the extension due to
neighbors complaints regarding operating hours and truck travel routes The applicant has filed
an appeal to the Planning Director's decision to deny the extension request.
DISCUSSION
The approximate four acre project area has been the site of sand extraction since 1960. The
applicant, operating as the Temecula Sand Company, has been extracting fine sand for local
contractors and not until recently (City Incorporation) have there been any complaints. Starting
in 1995, the City received calls and letters regarding the number of trucks trips, unusual
operating hours and damage to Leifer Road. City staff contacted Mr. Jack Roripaugh
concerning the sand operation and informed him that he was operating in violation of the State
Mining and Reclamation Act (SMARA) and local ordinances.
R:\STAFFRPT~7PA97.I~C 4/16/97 slb
In February of 1996 Mr. Roripaugh requested to continue the sand mining operation. Staff
concluded that because the current operation could be "grandfathered", operations could
continue with the approval of a Minor Conditional Use Permit. However, because of the
sensitivity of the existing operation to the surrounding neighborhood, staff could only support
the continuation of the operation until the end of 1996. Staff's intent was to legalize the
operation, as well as, address the concerns of the surrounding property owners regarding truck
routes and hours of operation.
Staff continued to receive letters and phone calls complaining about the truck traffic after the
Minor Conditional Use Permit was approved. Mr. Roripaugh was reminded of the conditions
of approval in November of 1996 due to the volume of complaints. Violations continued
despite the request for compliance.
Attachments:
Resolution No. 97-__- Blue Page 3
Exhibits - Blue Page 7
A. Vicinity Map
B. Zoning Map
C. General Plan Map
D. Aerial Photograph
Correspondence from Lou Brady-McCormick, dated April 10, 1997 - Blue Page 8
Petition filed by Mr. Jack Roripaugh, dated February 2, 1997 - Blue Page 9
R:XSTAFFRPTx57pA97.PC 411619? slb 2
ATTACHMENT NO. 1
PC RESOLUTION NO. 97-
R:\STAFFRFI~7pA97.PC 4/16/97 slb ~3
A'I'rACHMENT NO. 1
PC RESOLUTION NO. 97-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA UPHOLDING THE PLANNING
DIRECTOR'S DECISION DENYING PLANNING
APPLICATION NO. PA97-00~7 (REQUEST FOR A NINETY
(90) DAY EXTENSION OF TIME) TO CONDUCT A MINING
OPERATION LOCATED AT 38000 EAST NICOLAS ROAD
AND KNOWN AS ASSESSOR'S PARCEL NO. 957-130.
001,002 AND 957-340-007,008 AND 914-280-007
WHEREAS, Jack Roripaugh filed Planning Application No. PA97-0057 (Extension of
Time) in accordance with the City of Temecula General Plan and Development Code, which the
City has adopted by reference;
WHEREAS, Planning Application No. PA97-0057 (Extension of Time) was processed
in the time and manner prescribed by State and local law;
WHEREAS, the Planning Director considered Planning Application No. PA97-0057
(Extension of Time), and on January 28, 1997 administratively denied the request;
WHEREAS, Jack Roripaugh filed an appeal on February 7, 1997;
WIIEREAS, the Planning Commission considered Planning Application No. PA97-0057
(Extension of Time - Appeal) on April 21, 1997 at a duly noticed public heating as prescribed by
law, at which time interested persons had an opportunity to testify either in support or opposition;
WHEREAS, upon heating and considering all testimony and arguments, if any, of all
persons deserving to be heard, the Planning Commission considered all facts relating to Planning
Application No. PA97-0057;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Eindin~ That the Temecula Planning Commission hereby makes the
following findings:
I. The project is in violation of Condition No. 13 of the Conditions of
Approval for Planning Application No. PA96-0065 (Minor Conditional Use Permit) limiting the
transporting of sand from the site to Nicolas Road and Winchester Road.
R:~STAFFRFI~7PA97.PC 4/17/97slb 4
2. The project is in violation of Condition No. 5 of lhe Conditions of Approval
for Planning Application No. PA96-0065 (Minor Conditional Use Permit) limiting the hours of
operation.
3. The project is in violation of Condition No. 8 of the Conditions of Approval
for Planning Application No. PA96-0065 (Minor Conditional Use Permit) forbidding the import
of sand or other materials.
4. The project is in violation of Condition No. 11 of the Conditions of
Approval for Planning Application No. PA96.-0065 (lVlinor Conditional Use Permit) limiting
operations to December 31, 1996.
5. Violations by the applicant have continued despite requests for compliance
dated November 4, 1996, January 10, 1997, and January 28, 1997.
6. There is no compelling reason to approve an extension of time for Minor
Conditional Use Permit No. PA96-0065.
Section 3. F. nvironmental Compliance. Planning Application No. PA97-0057 (Extension
of Time) is statutorily exempt pursuant to Article 18, Section 15270 of the California
Environmental Quality Act (CEQA). CEQA does not apply to projects which a public agency
rejects or disapproves.
Section 4. PASSED, APPROVED AND ADOPTED this 21st day of April, 1997.
Linda Fahey, Chairman
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Harming
Commission of the City of Temecula at a regular meeting thereof, held on the 21st day of April,
1997 by the following vote of the Commission:
AYES:
PLANNING COMMISSIONERS:
NOF, S:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
ATTACHMENT N0.2
EXHIBITS
R:~STAFFP-~PTL~7PA97,PC 4/16/97 sFo 7
CiTY OF TEMECULA ~'
· .,...",.,·~'*:~ ......:,~ ........~
";"-'( ~ .........:.".., .......~ ',...~.-J.6,' ..,/\ .': .......
. ~ ,~ ......... ..: ~ .. ~' ~'/ .( · ',
' i/./,.,, :.. ,, .-. p~~.,"" ""!"~"~',"., "' ~ ';" ......
... : . · ...... :. y,.. ...,.,., ,~ .............
~ : .....7': , ,,,...,;:' ','.. :~' ...............
:.......,:,..,"...'~,...-.: ......,'.*.",... '~.,,:,..': .'.. ..-
·· .......,.~....,,..,: .. ,.,* ,,
..... -,..,. '.:. '.,..: · ...-,,,.,; ....
- EXHIBIT B - ZONING MAP
:.XHIBIT C - GENERAL PLAN
DESIGNATION - OS (OPEN SPACE/RECREATION)
CASE NO. - PA96-0065 (EXTENSION OF TIME)
PLANNING COMMISSION DATE - FEBRUARY 24, 1997
R:\STAFFP-2T~65PA96.FC 2/'7/97 slb
CASE NO. - PA97-0057 (EXTENSION OF TIME)
EXHIBIT- D
PLANNING COMMISSION DATE - APRIL 21, 1997
ATTACHMENT NO. 3
CORRESPONDENCEFROM LOU BRADY-MCCORMICK
DATED APRIL 10, 1997
10 APRIL 1997
MR. STEPHEN BROWN - PROJECT PLANNER
hiS. DEBBIE UBNOSKE - PLANNING MANAGER
THE CITY OF TEMECULA PLANNING DIVISION
43200 BUSINESS PARK DRIVE
TEMECULA, CA 92590
RE: CASE N0.
EXTENSION OF TIME FOR PA96-0065
JACK E. RORIPAUGH CONDITIONAL USE PERMIT FOR
SAND SCEENING AND TRANSPORTATION OPERATION
HEARING DATE: 21 APRIL 1997 - 6:00 PM
I WOULD LIKE TO GO ON RECORD FOR APPROVAL OF THE ABOVE MENTIONED
PERMIT FOR THE 90 DAY.EXTENSION TO COMPLETE THIS PROJECT AND
RETURN THE AREA TO MEET THE ENVIRONMENTAL REQUIREMENT OF THE
CITY OF TEMECULA, EVEN THOUGH THE PHYSICAL PROPERTY LAYS OUTSIDE
THE CITY LIMITS.
As A LONG TIME RESIDENT, SINCE 1981, WE HAVE FOUND THIS PROJECT
TO BE COMPATIBLE WITH THE SEMI RURAL ATTITUDE OF THE AREA. WE
HAVE FOUND THAT BECAUSE OF THE SAND SCEENING OPERATION, ALL
HAVE BENEFITED BECAUSE THE RORIPAUGHS MAINTAINED NICHOLAS ROAD
YEAR AROUND. AS THE POPULATION IN THIS VALLEY HAS INCREASED
THE RORIPAUGHS HAVE CONTINUED TO MAINTAIN NICHOLAS ROAD, AT
NO COST TO THE RESIDENTS, SOMETHING THAT FIRST THE COUNTY OF
RIVERSIDE HAD FAILED TO DO AND THEN THE CITY OF TEMECULA HAS
NOT DONE SINCE IT'S INCORPORATION AS A CITY IN 1989.
ADDITIONALLY, WHEN ~ALCOTT CORRIDOR ROAD WAS PAVED. THE "LIP"
ALLOWING TRAFFIC TO ACCESS NICHOLAS ROAD WAS PERFORMED IN SUCH
A POOR MANNER, THAT AGAIN MR. JACK RORIPAUGH USING HIS OWN
EQUIPMENT AT NO CHARGE TO THE CITY OF TEMECULA, OR TO THE LOCAL
RESIDENTS, MADE THIS INADEQUATE CONNECTION PASSABLE FOR LOCAL
TRAFFIC,
LOCAL AREA RESIDENTS FAIL TO UNDERSTAND WHY THE END OF NICHOLAS
ROAD EAST OF THE WATER PUMP STATION, SUDDENLY HAS BECOME A MINOR
DRIVEWAY AS OPPOSED TO THE HEAVILY USED STRAIGHT ROAD IT WAS
PRIOR TO WALCOTT CORRIDOR CONSTRUCTION. CALLE GIRASOL WAS A
SELDOM USED DIRT ONE. LANE ROAD UNTIL IT BECAME A PART OF
WALCOTT CORRIDOR AND IS NOW A PAVED TWO-LANE SPEEDWAY.
THE ORIGINAL NOTICE IN JUNE OF 1996 RECOMMENDED APPROVAL OF
THE COMPLETION OF THIS CONDITIONAL USE PERMIT. THE APRIL 1997
NOTICE CALLS FOR DENIAL. WITH JUST 90 DAYS LEFT TO FINISH THE
PROJECT WE WOULD LIKE TO SEE IT COME TO COMPLETION.
39450 PALA VISTA DRIVE (RESIDENCE)
MAIL P. 0. Box 890325
TEMECULA, CA 92589-0325
ATTACHMENT NO. 4
PETITION FILED BY MR. JACK RORIPAUGH
DATED FEBRUARY 2, 1997
Date:
To:
From:
Subject:
February 3, 1997
City of Temecula Planning Department
Mr. Jack Roripaugh
PA96-0065
I, Jack Roripaugh, am asking the Temecuia Planning Department for a 90 day
extension to screen and transport the remainder of the stock pile of sand.
Approximately 7,000 yds of sand remains.
The following are signatures of Nicolas and Leifer Rd. residents who do not object.
Signature: L ou,/79 ~ e~_,,4 ~ c J-< Signature: k~Lk:=
Address: ~,,~//~,z/'2d ~Z-~& ~ Address ~t4%o ~~.~
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ITEM #5
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
April 21, 1997
Planning Application No. PA95-0127
Comprehensive Sign Ordinance
Prepared By: Saied Naaseh, Associate Planner
APPLICANT:
PROPOSAL:
LOCATION:
BACKGROUND
RECOMMENDATION: The Planning Department Staff recommends the Planning
Commission adopt PC Resolution No. 97-
APPLICATION INFORMATION
City of Temecula
A Request to recommend approval of a Comprehensive Sign Ordinance
Citywide
This item was continued off-calendar from the February 12, 1997.
At that meeting staff
requested Planning Commission's direction on six issues regarding the Sign Ordinance. The
following summarizes the Planning Commission's direction on these issues:
Non-Conforming Signs
The Planning Commission determined that all legal non-conforming signs should be permitted
to exist without starting any amortization period until a sign inventory has been completed.
After the inventory, the Ordinance will be amended to add provisions relating to the removal
of non-conforming signs, refer to Section 17.28.960.
Uniform Real Estate Signs
The Planning Commission determined that real estate signs do not need to follow a uniform
design standard. As a result, this provision has been deleted from the Ordinance.
Placement of Freestanding Signs either Parallel or Perpendicular to Streets
The Planning Commission determined that most signs should be placed perpendicular to the
street; but that the Ordinance needs to be flexible to permit other orientations. As a result,
changes have been made to Section 17.28.070 (a) (1) d.
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Minimum Size of Centers for Permitting Freestanding Freeway Oriented Signs
The Planning Commission was split on this issue and requested staff to provide information
regarding undeveloped parcels along the freeway. This information is discussed in more detail
later in the Staff Report in the Discussion Section.
Minimum Letter Sizes for Multi Tenant Signs
The Planning Commission determined that five inch (5") minimum letter sizes with ten inch
(10") panels and one panel per line should ensure the visibility of the tenants on multi tenant
signs. This has been addressed in Sections 17.28.230 (a) (5), (6), and (7).
Multi Tenant Signs in Industrial Districts
The Planning Commission determined that multi tenant signs are appropriate for industrial
districts and directed staff to bring back the standards for these signs for the Commission's
review. This is also discussed later in the Staff Report in the Discussion Section.
DISCUSSION
The first time the Planning Commission reviewed the proposed Sign Ordinance was in October
21, 1996. Since that time, the ordinance has been modified substantially as a result of Sign
Committee, Comment Group, and City Attorney recommendations. As a result, staff has
included a redline/strike out version of the current Ordinance in Attachment 2. This version
shows only the major changes to the original ordinance and does not include minor grammatical
modifications. In this Ordinance, the new language is shown as underlined and deleted
language as (~!(~ (shadow). In addition, Attachment 1, Exhibit A includes the most up to
date version of the Ordinance that is being recommended for approval by the Sign Committee
and staff.
Permitting Multi-Tenant Signs in Industrial Districts
At the previous meeting, the Commission stated that multi tenant signs in industrial districts
should be allowed and requested that staff develop standards for these signs. Staff has
evaluated some of the existing signage and recommends the following standards:
Each center shall be allowed one multi tenant sign. However, if the center has more
than one street frontage, one multi tenant sign per street frontage shall be allowed.
Maximum sign structure height shall be 6 feet.
Maximum sign area shall be 20 square feet.
The center name may be added to multi tenant signs but the total sign area including
the center name shall not exceed 20 square feet.
The maximum number of signs per panel shall be one.
The minimum panel width shall be 5 inches.
The minimum letter size shall be 3 inches.
Minimum Size of Centers for Permitting Freestanding Freeway Oriented Signs
The Planing Commission requested staff to provide vacant parcel and existing center sizes along
the freeway. This information is provided in Attachment 3 along with the frontage for each
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parcel. Staff continues to recommend a minimum 7 acres for centers in order to permit multi
tenant signs. The following represents the acreage of the existing centers adjacent to the
freeway that are between 3 and 7 acres:
#5 Carl's Jr. and Kragen Center
//36 Tony Romas
//72 Mini Mart, Around a Buck
Winchester and Ynez 3.52 Acres
Jefferson south of Winchester 4.56 Acres
South Front Street 4.48 Acres
The following represents the individual vacant parcels between 3 and 7 acres that could be
developed as centers:
//3 West of Ynez north of Gold's Gym 6.5 Acres
#16 West of Ynez between the car dealers and Tower Plaza 4.5 Acres
Attachment 4 includes correspondence from the Chamber of Commerce supporting Mr. Fred
Grimes's position on the six remaining issues discussed in the previous Planning Commission
hearing. Mr. Grimes was a member of the Comment Group and the Chamber of Commerce had
a representative on the Sign Committee to represent the interests of the Chamber.
ENVIRONMENTAL DETERMINATION
The Planning Commission hereby determines that the provisions of this Ordinance will have no
effect on the environment and the proposed Ordinance is therefore exempt from requirements
of the California Environmental Quality Act pursuant to Section 15061 (b) (3). This section
indicates that, where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment, the activity is not subject to the
provisions of CEQA.
GENERAL PLAN CONSISTENCY
This project is consistent with the General Plan since the General Plan implementation program
requires the City to adopt sign standards for residential, commercial, and industrial areas.
Through the adoption of this Ordinance, General Plan goals relating to the urban design and
community character are being fulfilled.
FINDINGS
Adoption of the Ordinance would:
1. Provide for effective business signage;
Assure that signs are compatible with the character of their surroundings and the
community as a whole;
Preserve and improve the appearance of the City as a place to live, work, trade, do
business and visit;
Protect the City from the blighting influence of excessive signage so as to preserve and
enhance the economic base of the City and safeguard property values within the City;
R:~TAFFRtr~I27PA95.PC7 4/11/97 klb 3
Assure that signs are appropriate to the type of activity to which they pertain;
Regulate signs so as to avoid increasing the hazards to motorists and pedestrians caused
by distracting signage;
Recognize that the eventual elimination of existing signs that are not in conformity with
the provisions of this Chapter requires further analysis of the existing signs in the City.
Attachments:
PC Resolution No. 97- - Blue Page 5
Exhibit A - Ordinance No. 97- - Blue Page 9
Redlined Copy of the Sign Ordinance - Blue Page 10
Inventory of Vacant Parcels and Existing Center Sizes - Blue Page 11
Chamber of Commerce Correspondence - Blue Page 12
R:~STAPFP, FI~I27PA95.PC7 4111197 It. lb 4
ATTACHMENT NO. 1
PC RESOLUTION NO. 97-
R:\STAFFP, PT~127PA95.PC7 4111197 klb 5
PC RESOLUTION NO. 97-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOM/MENDING THAT THE
CITY COUNCIL APPROVE AN ORDINANCE ENTITLED AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING CHAPTER 17.28 OF THE
DEVELOPMENT CODE, A COMPREHENSIVE
REGULATORY SCHEME FOR SIGNS AND OTHER
ADVERTISING DEVICES, AND MAKING RELATED
CHANGES TO THE DEVELOPMENT CODE (PLANNING
APPLICATION PA95-0127)
WHEREAS, the City Council of the City of Temecula adopted the City's first General
Plan on November 9, 1993; and
WHEREAS, Section 65800 of the Government Code provides for the adoption and
administration of 2oning laws, ordinances, rules and regulations by cities to implement general
plans as may be in effect in any such city; and
WHEREAS, the General Plan identified the need for the City Council to adopt an
enhanced sign ordinance; and
WHEREAS, the City Council appointed a representative committee of local citizens and
business persons to assist City staff in developing an enhanced sign ordinance; and
WItF,,REAS, the Sign Ordinance Committee met with City staff on April 2, 1996, April
30, 1996, May 7, 1996, May 21, 1996, June 4, 1996, June 18, 1996, July 16, 1996, Iuly 30,
1996, August 20, 1996, September 3, 1996, September 9, 1996, and October 1, 1996 to address
the issue of signage with the City of Temecula; and
WHEREAS, a community workshop was held on October 14, 1996, a notice of this
meeting was sent to all registered business owners in Temecula and was published in the local
newspaper; and
WHEREAS, the Sign Ordinance Committee considered the comments received and
recommended a new enhanced sign ordinance to the Planning Commission; and
WHEREAS, the Planning Commission has held a duly noticed public hearing on October
21, 1996; and
WHEREAS, the Planning Commission took public testimony on October 21, 1996,
continued the item off-calendar, and directed staff to meet with a group who spoke at the heating;
and,
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WHEREAS, staff met with this group (Comment Group) on November 4, 12, 18, 19, and
20, 1996 and December 18, 1996; and,
WItERF_,AS, staff met again with the Sign Committee on January 22, 1997 to address the
concerns of the Comment Group; and,
WHEREAS, shaft met with the Comment Group on February 19, 1997 and discussed the
Sign Committee's compromises; and,
WHEREAS, staff held additional meetings with the Auto Dealers Association, the
Apartment Owners Association, and the Chamber of Commerce to inform them about the
proposed Ordinance and obtain their input; and,
WHEREAS, the Planning Commission has held a duly noticed public hearing on February
24, 1997, at which time interested persons had an opportunity to testify either in support or
opposition, and provided direction to staff; and,
WHEREAS, the Planning Commission has held a duly noticed public heating on April
21, 1997, at which time interested persons had an opportunity to testify either in support or
opposition; and,
WItERE~, notice of the proposed Ordinance was posted at City Hall, County Library,
Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce;
and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES HEREBY RECOMMEND THAT THE COUNCIL APPROVE AN
ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING CHAPTERS 17.28 AND 17.30 OF THE DEVELOPMFNT
CODE, A COMPREHENSIVE REGULATORY SCHEME FOR SIGNS AND OTHER
ADVERTISING DEVICES, AND MAKING RELATED CHANGES TO THE
DEVELOPIVIFNT CODE (PLANNING APPLICATION PA95-0127) " THAT IS
SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT
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PASSED, APPROVED, AND ADOPTED this 21st day of April, 1997.
Linda Fahey, Chairman
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 21 st day of April,
1997 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:\STAFFRPT~I27PA95.PC7 4111197
EXHIBIT A
ORDINANCE NO. 97-
R:\STAFFRFI'XI27PA95.PC7 4111197 lifo
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING CHAPTER 17.28 OF THE
DEVELOPMENT CODE, A COMPREHENSIVE
REGULATORY SCHEME FOR SIGNS AND OTHER
ADVERTISING DEVICES, AND MAKING RELATED
CHANGES TO THE DEVELOPMENT CODE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Chapter 17.28 of the Development Code of the City of Temecula is hereby
adopted to read as follows:
"Chapter 17.28
SIGN STANDARDS
17.28.010 Purpose and Intent
The intent of this Chapter is to implement the Temecula General Plan, and to protect the public
health, safety and welfare through the design, use of quality materials, construction, illumination,
location, number, and maintenance of all signs. The purpose of this Chapter is to set forth the
development standards for the installation and maintenance of commercial and non-commercial
off-premise signs within the City, 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
fac'dities 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.
The purposes of this Chapter, in addition to those expressed in the General Plan, are as follows:
(a) Provide for effective business signage;
(b)
Assure that signs are compatible with the character of their surroundings and the community
as a whole;
(c)
Preserve and improve the appearance of the City as a place to live, work, trade, do business
and visit;
R:~/'/AA$~IS\SIGN~DRAPT22.ORD 4/11/97 Ir~ 1
(d) Protect the City from the blighting influence of excessive signage so as to preserve and
enhance the economic base of the City and safeguard property values within the City;
(e) Assure that signs are appropriate to the type of activity to which they pertain;
(t)
Regulate signs so as to avoid increasing the hazards to motorists and pedestrians caused by
distracting signage.
17.28.020 Applicability
This Chapter shall apply to all areas of the City. The provisions of this Chapter shall apply to the Old
Town Specific Plan area only to the extent the specific plan does not specifically address a particular
issue regarding signage.
17.28.030 Sign Permits
(a) Sign Permit Required
A sign permit is required prior to the placing erecting moving, reconstructing, altering, or displaying
of any sign in the City except as provided in Section 17.28.050, Exempt Signs. A sign permit is also
required for all signs approved through a sign program.
(b) Findings
No sign permit shall be issued unless the Director finds that the application for a sign permit satisfies,
or with conditions can satisfy, all of the following requirements:
(1)
The sign is consistent with the General Plan, complies with the requirements of this Chapter
and complies with other applicable laws and regulations;
(2)
The visual elements of the proposed sign, including but not limited to, the size, shape,
illumination, decorative motifs, letters, figures, words (without regard to language), symbols,
spacing, uniformity and proportions of such visual elements comply with generally accepted
standards of quality for professional graphic artists.
(3)
The size, shape, color, illumination and placement of the sign is compatible with the
surrounding area and with other lawful signs so as not to detract from the character or quality
of surrounding properties.
(c) Basis for Denial; Appeal
Any decision of the Director denying a sign permit shall be in writing, and shah identify which of the
findings set forth in subsection (b) of Section 17.28.030 could not be made, and the reasons therefor.
Any decision ofthe Director regarding a sign permit may be appealed, pursuant to the provisions of
Section 17.03.090 of this Development Code.
17.28.040 Prohibited Signs
All signs not expressly permitted by this Chapter are prohibited, including but not limited to the
following:
(a) Abandoned Signs
As defined in Section 17.28.900 (f), Abandoned Signs.
(b) Amenity Signs
Signs which identify the amenities provided in a multi family complex that are visible from public
Streets.
(c) Animated or Moving Signs
Prohibited except for time and temperature displays pursuant to Sections 17.28.050 (m).
(d) Bunting
Prohibited, unless approved by a sign program.
(e) Cabinet or Can Signs
Wall mounted cabinet or can signs are prohibited.
(f) Commercial Off-Premise Signs
Except as expressly permitted by this Chapter, commercial off-premise signs are hereby prohibited
and no application for sign permit, development plan, or other application for a commercial off-
premise sign shall be accepted, acted upon, or approved.
(g) Commercial Signs next to Residential Areas
When commercial and industrial developments are facing residential uses and are located on the same
local street (60 foot right-of-way or less) as the residential uses, freestanding signs associated with
these developments are prohibited. Wall signs which provide identification for businesses to
pedestrians are permitted by a sign program, provided that the illumination of the signs does not
negatively impact residential uses.
(h) Day-Glow Colon for Window Signs
(i) Decorative Flags
Prohibited, unless approved through a sign program. They shall be limited to focal points within the
project.
(j) Loud Speakers or Signs Which Emit Sound, Odor, or Visible Matter, Except as
Authorized by this Chapter.
(k) Off-Site Subdivision Signs
Prohibked, except as otherwise permitted in Section 17.28.800, Kiosk Signs or Section 17.28.130,
Subdivision Signs.
(I) Pennants and Streamers
(m) Portable Signs on Private Property
(n) Signs Constituting a Traffic Hazard
No person shall install or maintain or cause to be installed or maintained any sign which simulates or
imitates in size, color, lettering or design any traffic sign or signal, or which makes use of words
"stop, danger", or any other words, phrases, symbols or characters in such a manner as to interfere
with, mislead or confuse vehicular or pedestrian traffic.
(o) Signs in Proximity to Utility Lines
No permit shall be issued for any sign, and no sign shall be constructed or maintained, which has less
horizontal or vertical clearance fi'om authorized communication or energized electrical power lines
than that prescribed by laws of the state or duly promulgated rules and regulations.
(p) Signs Located Above the Eave Line and Roof Signs
Signs located above the cave line are prohibited. Signs integrated into an architectural feature are
not considered to be above the eave line.
(q) Signs on Doors, Windows or Fire Escapes
No sign structure shall be installed, relocated or maintained so as to prevent free ingress to or egress
from any door, window or fire escape. No sign of any kind shall be attached to a stand pipe or fire
escape, except those signs as required by other adopted Codes or Ordinances.
(r) Signs Within the Public Right-of-Way or Attached to Any Public Property
No person, except a public officer in performance of public duty, shall affix, by any means, any form
of sign on any public property or within the public right-of way. Signs in any public right-of-way
(street, median island, parkway, sidewalks, traffic control sign posts, utility posts, trees, future street,
etc.) are prohibited. In addition, signs are prohibited on any utility pole, traffic signal, or any other
official traffic control device (in accordance with Section 21465 of the California Vehicle Code) or
signs which project over or into a public right-of-way.
(s) Vehicle Signs
Signs located on or affixed to a motor vehicle or trailer (as those terms are defined in the California
Vehicle Code), whether parked on private property or public right of way, for the purpose of
advertising products or services or directing people to a business or activity. This paragraph does
not apply to standard advertising or identification practice where such signs are painted on or
permanently attached to a business or commercial vehicle.
(t) Window signs
Window signs occupying more than twenty five percem (25%) of the non-door window area.
17.28.050 Exempt Signs
The following signs are exempt from the requirement to obtain a sign permit if they meet these
specified requirements:
(a) Construction, Contractor, Financing, or Remodeling Signs
(1) Maximum sign area shall be:
Six (6) square feet in single family districts.
Sixteen (16) square feet in all other districts.
(2)
(3)
(4)
Maximum sign structure height shall be 6 feet.
Maximum number of fleestanding signs shall not exceed one construction, contractor, or
remodeling sign per street frontage for each parcel or shopping center. In addition, one
financing sign per street frontage for each parcel or shopping center is permitted.
They are permitted for sites with an active building permit and shall be removed 5 days after
the construction completion.
(b) Employment Opportunity Signs
(z)
(2)
(3)
(4)
(s)
Freestanding signs shall only be allowed in Office and Industrial Districts for single tenant
buildings that occupy an entire parcel
Window mounted signs shall only be allowed in Commercial Districts.
Maximum sign area shall be 4 square feet.
Maximum sign strumre height shall be 4 feet, ifffeestanding.
Maximum number of signs shall not exceed one per business per major street frontage.
(c) Flags
(1)
(2)
A flag pole shall not exceed the zoning district height limits set forth in the Development
Code or 50 feet if no height hmit is provided by the Development Code.
A single official flag of the United States of America and two (2) flags of the following shall
be permitted per parcel or center:
The State of California, or another State of the United States
A County
A Municipality
Official Flags of Other Countries
Flags of Nationally or Internationally Recognized Organizations
A Corporate Flag.
(3) The maximum area for a corporate flag may not exceed 50 square feet
(d) Future Tenant Identification Signs
(1) Maximum sign area for all freestanding pads and shopping centers with 5 acres or more in
area shall be 32 square feet. Shopping centers with more than 10 acres in area shall be
allowed a 100 square feet sign for the purpose of identifying multiple tenants.
(2) Maximum sign structure height shall be 6 feet for 32 square foot signs and 12 feet for 100
square foot signs.
(3) Maximum number of signs shall not exceed one per street frontage for each center or parcel
at any given time.
(4) They shall be removed 5 days axler the tenant occupies the building.
(5) They shall be permitted for sites with an active building permit.
(e) Garage Sale Signs
(D
(2)
(3)
(4)
(s)
(6)
One sign per garage sale located on the same property that the garage sale is held shall be
permitted.
Maximum sign area shall be 4 square feet.
Maximum sign structure height shall be 6 feet, iffreestanding.
The sign may not be erected more than 5 days prior to the sale.
The signs shall be removed before the end of the day of the sale.
The sign shall not be illuminated.
(f) Government Signs
Any official government sign, public notice or warning required by an applicable federal, state, or
local law, regulation, or ordinance.
(g) Helium Balloons
O)
(2)
(3)
(4)
No balloon shall be larger than three feet in diameter.
They shall not be higher than 10 feet from the ground.
They shall not be displayed for more than three consecutive days for each calendar month.
All balloons shall be anchored, not blocking vehicular and pedestrian movement.
(h) Holiday Decorations within Commercial, Office and Industrial Districts
Seasonal window displays that contain holiday characters and messages and which are intended to
create or enhance holiday character of an area commonly associated with national, state, local, or
religious holidays (and which do not reference or display services available or rendered, or goods
produced, sold or available for sale), may be displayed for a period not exceeding 45 consecutive
calendar days and a maximum of 60 cumulative days per calendar year.
(i)
Incidental Signs, i.e., Name of Business, Talephone Numbers, Open, Close, Hours of
Operation, Credit Cards, etc.
(1)
(2)
(3)
Maximum sign area shall be a total of 4 square feet.
They shall be located adjacent to major customer entrances.
They shall be located on doors or near doors.
(j) Interior Signs
(i)
(2)
They shall be entirely located inside the building.
They shall not be closer than 18 inches to a window or door.
(k) Memorial Signs on Tablets or Plaques
(1)
(2)
Maximum sign area shall be 4 square feet.
Maximum sign structure height shall be 4 feet, if freestanding.
(I) Model Home and Multiple Family Rental Complex Flags
(1) Flag poles shall not exceed the zoning district height limits set forth in the Development Code
or 50 feet if no height limit is provided by the Development Code.
(2) Maximum number shall not exceed 2 per each model home or 4 per multiple family rental
complex.
(3) Shall be located on the model home lots, the parking lot, or the sales office or the multiple
family rental complex.
(4) They may only identify the builder and the subdivision name or the multiple family rental
complex.
(5) Multiple family rental complex flags shall only be displayed in the third quarter of the year.
(m) Model Home Signs
(1)
(2)
All such signs shall only be located on the model home parcels, the parking lot or the sales
office and are intended to provide information on each model.
Model Home signs do not include On-Site Subdivision Signs, refer to Section 17.28.130.
(n) Name Plates and Street Address Signs
(1)
(2)
These signs are intended for single family residences and shall be located entirely on the
premises.
The sign shall contain no advertising message.
(3) Maximum sign area shall be 3 square feet.
(4) Maximum sign structure height shall be 3 feet, iffreestanding.
(o) Non-Commercial Off-Premises Signs
(1)
(2)
(3)
(4)
(5)
Maximum area of the sign board shall not exceed twelve (12) square feet.
Maximum number of signs per parcel shall be one. However, there shall be no limit on the
number of signs during the ninety (90) days prior to a state, federal, or local election and
fourteen (14) days after the election. A sign erected or placed for a candidate who prevails
in a primary election may be maintained until 10 days after the final election.
The maximum height of a ground-mounted sign shall not exceed six (6) feet measured from
grade.
The signs shall not be illuminated.
The signs shall not be erected, placed, or maintained:
Upon any private property without the consent of the owner, lessee, or person on
lawful possession of such property.
On any publicly owned building, structure, tree or shrub or upon any portion of
a public street or highway fight of way.
To obscure the view of any fire hydrant, traffic sign, traffic signal, street sign, or
public information sign.
To block lines of sight to areas of vehicular or pedestrian traffic.
(p) On Wall Menu Signs for Restaurants
(1) Maximum sign area shall be 4 square feet.
(2) They shall be attached to the building or associated entry structure.
(3) Maximum of signs shall be 1 per restaurant entrance.
(4) They shall not be intended to be used for advertisement and will only serve as information to
customers who have found the restaurant and are standing by the front door.
(5) They shall be located at or near the major customer entrance.
(q) Public Convenience and Warning Signs
(1) Maximum sign area shall not exceed 3 square feet.
(2) Maximum sign structure height shall not exceed 3 feet, iffreestanding.
(3) Maximum number shall be as necessary.
(4) They may identify restrooms, public telephones, walkways, no parking, no trespassing and
similar signs.
(5) They shall be located on private property.
(6) They shall contain no advertising messages.
(r) Time and Temperature Signs
O)
(2)
Maximum sign area shall be 16 square feet.
Maximum sign structure height shall be 6 feet, iffreestanding.
(3)
(4)
(5)
Maximum number of signs shall not exceed one per building or parcel.
No other advertisement shall be permitted.
Wall mounted signs are counted as part of the permitted sign area of the elevation they are
placed on. Freestanding signs shall be an integral part of a permitted fleestanding sign and
shall be counted as part of the permitted sign area of the freestanding sign.
(s) Vacancy/No Vacancy Signs
(D
(2)
(3)
(4)
They are used for motels, hotels, and other similar uses.
Maximum sign area shall be 4 square feet.
Maximum sign structure height shall be 4 feet, iffreestanding.
Maximum number of signs shall not exceed one per street frontage.
(t) Window Signs
W'mdow signs occupying equal or less than twenty five percent (25%) of the non-door window area.
(u) Works of Art That Do Not Convey a Commercial Message
They are exempt from the provisions of this Chapter; however, they may be subject to Section
17.05.020, Administrative Approval of Development Plan.
17.28.060 Real Estate Signs
Real estate signs that comply with the provisions of this Section are exempt from the requirement to
obtain a sign permit.
(a)
On-Site Real Estate Signs (For Sale, For Rent, For Lease, Sold, etc.) in Commercial,
Office, and Industrial Districts.
(1)
(2)
They shall not be permanent in nature and may only be permitted at such time as property or
structure is available for sale, lease, or rent.
Sign area shall not exceed:
Thirty two (32) square feet for freestanding signs.
3 square feet for window signs.
(3)
(4)
The sign structure height for freestanding signs shall not exceed 8 feet measured from grade.
Maximum number permitted is one sign per street frontage for each parcel or center. Plus,
one window sign is permitted per available suite. In addition, one freeway oriented sign is
permitted per parcel or center with freeway frontage.
(5) They shall only be posted on private property.
(6) They shall not be closer than 5 feet to property line or 17 feet fxom the face of the curb.
R:XNAASEHSXSIGN~DRAFT22.ORD 4111197 lifo
(7)
(s)
(9)
(10)
(11)
(b)
(D
(2)
(3)
(4)
(5)
(6)
(7)
They shall be a minimum of 150 linear feet from all other fleestanding signs including real
estate signs.
They shall not be located within 75 feet of an intersection or an access driveway except that
nothing in this Chapter shall preclude a parcel or center from having at least one fleestanding
real estate sign.
The angle of v_shaped signs shall not to exceed 90 degrees. The back side of a v-shaped sign
shall not be visible from the public fight of way.
Appropriate materials are wood, metal, and stucco. Other materials are subject to Director
approval.
Illumination shall not be permitted.
They shall be maintained in a clean, orderly fashion at all times and shall be removed 10
days after the close of escrow or after a rental agreement or lease has been entered into,
whichever occurs first.
On-Site Real Estate Signs (For Sale, For Rent, For Lease, Sold, Open House, etc.) in
all Residential, Public Institutional and Open Space Districts.
They shall not be permanent in nature and may only be permitted at such time as property or
structure is available for sale, lease, or rent.
Sign area shall not exceed:
6 square feet in single family districts and multi family districts for 4 units or less.
32 square feet for complexes in multi family districts.
Sign structure height shah not exceed:
6 feet in single family districts.
8 feet in multi family residential districts.
Property with existing residential units for sale, resale, lease or rent shall be permitted one
sign per street frontage.
They shall only be posted on the subject private property.
Open house signs shall only be displayed between the hours of 8:00 am and dusk.
The angle of v-shaped signs shall not to exceed 90 degrees. The back side of a v-shaped sign
shall not be visible from the public right of way.
R:h~IAASEHS~SIOI~DRAFI12.ORD 4/11/97 k~ 10
GENERAL REQUIREMENTS
17.28.070 General Requirements for Permanent Signs
The following standards shall be followed by permanent signs to insure the quality of signage in the
City:
(a) Standards for Permanent Freestanding Signs
(1) Location
g
All freestanding signs shall be setback at least 5 feet from the right of way or property
line or 17 feet from the face of the curb.
All freestanding signs shall be located outside the site visibility area as defined by
Section 17.06.050 (1) of the Development Code.
All freestanding signs shall be at least 3 feet from buildings.
The face of any freestanding sign shall not be oriented parallel to the street, except
when the sign is located at the end of cul-de-sacs, knuckles, or other appropriate
locations as approved by the Director.
The minimum distance between freestanding signs located on the same side of the
street and under 6 in height shall not be less than 150 feet, except center identification
signs located on the same driveway.
The minimum distance between freestanding signs located on the same side of the
street and over 6 feet shall not be less than 250 feet.
The Director shall have the authority to reduce the distance requirements in
subparagraphs e. and f~ by 20% in case of unusual circumstances such as presence of
driveways, landscaping, utility poles, etc.
(2) Number
Maximum of four signs per business shall be allowed including all wall mounted, freestanding signs
and any freeway signs (if any permitted).
(3) Height
Sign structure height is measured fi'om the extreme top portion of a freestanding sign
to the sidewalk, if there is no sidewalk the elevation of the finished surface of the road
shall be used.
The height of sign structures located on slopes shall be measured from the highest
point of the sign to the ground surface adjacent to the highest portion of the base of
the sign structure.
Bernring of up to 2 feet may be allowed in addition to the maximum height allowed
for the sign structure.
Berming height shall be measured from the lowest portion of the base of the sign
structure to the sidewalk elevation.
To determine the maximum permissible height for freeway signs a flag test shall be
R:XNAASEHS\SlGNXDRAFF22.ORD 4/11/97 lab 11
(4)
(5)
performed. The flag test determines this maximum permissible height by ensuring the
visibility of this sign from 3/10 mile before approaching the off-ramps on both
directions of the fleeway from the right lane.
Design
Except for the changeable portions of movie signs for theaters and changeable
portions of price signs for gas stations, which may use plastic backgrounds, the use
of can-type box signs with plastic panels or background are prohibited for tenant and
building identification signs. Sign panels or background shall be of material
commonly used in the buildings or the center. Logo boxes are not subject to this
requirement.
Center identification signs shall use a background material commonly used in the
center buildings. Can-type box signs shall not be permitted. Flood lighting is
strongly encouraged when consistent with the Palomar Light Pollution Ordinance;
however, internal illumination of the individual letters are only permitted if reverse
channel lettering is used.
Multi tenant signs shall be uniform in background color for all tenants.
All freestanding signs shall be limited in size to the width of the architectural features
of the sign.
All fleestanding signs shall use architectural elements at the top, base, and sides of the
signs.
Ifa tenant, building, or center identification sign is proposed within 75 feet of a major
intersection, it shall incorporate, or be located as part of a community feature (i.e.
water features, public art, unique landscape designs, public spaces).
Sign colors shall be selected that provide a significant contrast between the
background colors and the letters.
All freestanding signs may be permitted a maximum of two sides except that center
identification signs shall be one sided.
Center identification signs shall not advertise tenants; however, if the center is named
after a major tenant, it is permissible to mention that tenant's name as part of the
center name.
Center identification signs shall be incorporated into the entry statement
architecture and landscaping area.
Landscaping
All freestanding tenant identification signs and building identification signs shall be
required to be located within a planted landscaped area which extends on all four sides
of the sign. The landscaping area shall be provided according to the following:
Single tenant and building identification signs shall include a 100 square foot
landscaped area.
Multi tenant identification signs shall include a 200 square foot landscaped
area.
R:x, NAASEHS~SIGNXDRAPT22.OKD 4/11/97 lab 12
Freeway oriented signs and off-site center identification signs shall include a
300 square foot landscaped area.
The landscaping for pylon signs shall include shrubs and small trees to hide the
lower portion of the pylon sign if visible from public view.
The landscaping for freestanding tenant identification signs, building identification
signs , and multi tenant identification signs shall include flowering perennials,
annual plants, or other plants which provide additional color, in similar proportions
within the required landscaped area. They shall be planted and replanted
seasonally, as necessary by the Director, to maintain year round color.
(6) Addresses
All freestanding signs, except those oriented toward the freeway, shall include the street
address(es) or range(s) for the businesses or centers assigned by the Building Official. The address
shall not be counted in the total permitted sign area.
(7) Illumination
a. Illumination for tenant or building identification signs may be internal or external.
When internally illuminated signs are used, only the lettering and logos shall
appear to be lighted. Conventional channel lettering or reverse channel
lettering are acceptable.
When externally illuminated signs are used, only flood lighting is acceptable
if consistent with the Palomar Light Pollution Ordinance. External
illumination shall not be used for multi tenant signs.
b. Illumination for center identification signs may be internal or external:
When internally illuminated, only reverse channel lettering is acceptable. For
freeway oriented center identification signs conventional channel lettering is
acceptable.
When externally illuminated signs are used, only flood lighting is acceptable
if consistent with the Palomar Light Pollution Ordinance.
(8) Width
Table 17.28 (b) should be used as a guideline to calculate the width of a sign structure. The width of
sign structure can be calculated by multiplying the proposed sign structure height by the sign width
coefficient as provided in the table. However, in no case shall the width of a sign structure exceed
the width calculated by the sign width coefficient.
R:~IAASEHSxSIGIq~DRAFr22.ORD 4/11/97 klb 13
Table 17.28 (b)
Sign Width Coefficient
Sign Structure Height in Feet
Sign Width Coefficient
0-6 2.0
6.1-12 1.0
12.1-15 0.8
15.1-25 0.6
25.1-40 0.4
40.1 + 0.35
For instance, if sign structure height is 4 feet, the applicable Sign Width Coefficient from the above
table is 2.0. Therefore, the width of the sign structure shall not exceed 8 feet (4 X 2.0).
(b)
Standards for Permanent Wall Mounted Signs for Buildings with Two (2) Stories or
Less
(1) Location
Each business shall only install a wall sign on the outer walls of their suite.
Signs shall not extend above the cave line.
(2) Number
For multi tenant buildings, only major tenant within the suite is permitted to have a
wall sign. Sub-leasing tenants are not permitted to have wall signs.
Maximum of four signs per business shall be allowed including all wall mounted
business identification signs, freestanding signs, and freeway signs (if any permitted).
(3) Area
For businesses with more than one permitted wall mounted sign, the second sign shall
be 80%, third 70%, and fourth 60% of the maximum allowable for the corresponding
frontages. This standard shall not apply to a permitted wall mounted freeway oriented
signs.
Wall signs shall be in scale with the building and not cover more than 75% of the
surface of the building face that the sign is located on excluding glass and door areas.
Wall signs shall be in scale with the building not extend more than 75% of the suite
length for multi tenant buildings or building frontage for single tenant buildings.
R:XNAASEHS\SIGN~DRAFr22.ORD 4111197
(4) Letter Height
Minimum letter height shall be 8 inches. For wall signs in two lines the second line may have a
minimum letter height of 6 inches.
(5) Design
A diversity of letter types and colors shall be encouraged for wall signs within centers
to create interest.
The use of graphics consistent with the nature of the product to be advertised shall
be encouraged, i.e., hammer symbol for a hardware store, mortar and pestle for a drug
store.
Sign colors shall be selected that provide a significant contrast between the
background colors and the letters.
(6) Illumination
a. Internal illumination for wall signs is acceptable in the following forms:
Internally illuminated channel letters;
Internally illuminated reverse channel letters; or,
Exposed neon if used in channel letters with transparent face or no face with
the inside of channel lettering colored the same color as the neon;
Other exposed neon applications.
b. External illumination is not permitted unless approved through a sign program.
17.28.080 Sign Programs
(a) Purpose and Intent
A sign program is required for certain types of developments to ensure that all proposed signs are in
harmony with other on-site signs, buildings and surrounding developments. Sign programs are
required to comply with all the regulations of this Chapter. Flexibility is allowed with regard to sign
area, number, location, and/or height; and to the extent it does not comply with these regulations, the
proposed sign program enhances the development and more fully accomplishes the objectives of this
Chapter.
(b) Sign Program Required
In accordance with Section 17.28.030, Sign Permits, all signs shall require a sign permit (except for
signs exempt fi-om obtaining permits in accordance with Section 17.28.050, Exempt Signs). In new
developments where any of the following circumstances exist, a sign program in accordance with this
section shah also be concurrently filed and approved with the Development Plan:
R:~!AASEItS~SIOIq~DRAFT22.ORD 4111197 klb 15
O)
(2)
(t)
(4)
Whenever five (5) or more temporary and/or permanent signs (not including signs exempt
from permits) are proposed for a single tenant development occupying an entire parcel;
Whenever two (2) or more businesses are proposed in a multi tenant development;
Whenever wall signs are proposed on buildings with three (3) stories or more, or with
heights are greater than 32 feet; or,
Whenever the development contains a historic structure.
(c) Findings
The following findings shall be made by the approval body prior to approving a sign program:
(1) The proposed signs enhance the development, are in harmony with, and visually related to:
All of the signs included in the sign program. This shall be accomplished by
incorporating several common design elements such as materials, letter style, colors,
illumination, sign type, or sign shape;
The buildings and/or the developments they identify by utilizing materials, colors, or
design motifs included in the building being identified; and,
Surrounding development by not adversely affecting surrounding land uses or
obscuring adjacent approved signs;
(2)
The sign program accommodates future revisions which may be required due to changes in
building tenants; and,
(3)
The proposed sign program satisfies the intent of this chapter, in that, the proposed sign
program will comply with all the regulations of this chapter, except flexibility is allowed with
regard to sign area, number, location, and/or height; and to the extent it does not comply with
these regulations, the proposed sign program enhances the development and more fully
accomplishes the objectives of this Chapter.
R:~NAASEHS\SlOl~DRAFT22.ORD 4111197 lab 16
RESIDENTIAL SIGNS
17.28.100 Signs in Residential Districts
All uses within Residential Districts must comply with the standards contained in Section 17.28.070,
General Requirements and Sections 17.28.100 through 17.28.199.
17.28.110
Signs for Institutional Uses and Other Permitted Uses in Residential
Districts
(a)
Wall mounted business or institution Identification Signs for Institutional Uses and
Other Permitted Uses in Residential Districts
(1) Maximum number permitted shall be one per frontage.
(2) Maximum permitted sign area is ~/~ square feet for each lineal feet of building frontage;
however, it shall not exceed 50 square feet.
(3) Illumination may be permitted [fit is detern,jned by the Director that it does not adversely
impact the surrounding residential uses.
(b)
Freestanding Business or Institution Identification Signs for Institutional Uses and
Other Permitted Uses in Residential Districts
(1) Maximum number permitted shall be one per street frontage.
(2) Maximum permitted sign area shall be 20 square feet.
(3) Maximum sign structure height shall be 4 feet.
(4) Illumination may be permitted if it does not adversely impact the surrounding residential uses.
17.28.120
Neighborhood and Community Identification Signs for Subdivisions and
Multi Family Complexes
(a)
(b)
Maximum number permitted shall be two per each vehicular access or entrance.
Maximum sign area shall be:
O)
(2)
20 square feet for neighborhood identification signs
30 square feet for community identification signs
(c) Maximum sign structure height shah be:
(D
(2)
8 feet for neighborhood identification signs.
10 feet community identification signs.
(d)
(e)
(0
(g)
They shall be built into the landscaping or project walls.
They shall be one sided, except when installed in a median or other applications where two
sided signs are more appropriate than one sided signs.
Sign area is measured by the area surrounding the letters.
Sign background shall be of materials used in the subdivision or project.
R:'uNAASEHS~SIGN~DRAFr22.OKD 4/11/97 klb 17
(h) Illumination shall only be external flood light when consistent with the Palomar Light
Pollution Ordinance, or internal reverse channel letters.
17.28.130 Subdivision Signs
(a) Maximum number of signs shall be:
(2)
One per subdivision if 5 acres or less.
Two per subdivision if more than 5 acres.
(b)
(c)
(d)
(e)
(0
(g)
Shall not exceed one sign per street frontage.
Maximum sign area shall not exceed 100 square feet.
Maximum sign structure height shall not exceed 12 feet.
They shall be removed immediately after the final sale.
They shall have a 10 foot setback.
They shall be located withinthe boundaxies ofthe subdivision. Ifseveral builders are building
on a tract, each builder is emitled to ks own subdivision sign(s) located within the property
they own.
R:h'qAASEH$\SIGI~DRAFT22.ORD 4/11/97 klb
COMMERCIAL SIGNS
17.28.200 Signs in Commercial Districts
All uses within Commercial Districts must comply with the sign standards for Commercial Districts
contained in Sections 17.28.200 through 17.28.299 and with the standards contained in Section
17.28.070, General Requirements. In addition, office buildings in commercial districts must comply
with the standards for Office District contained in Section 17.28.300 through 17.28.399.
17.28.210 Freeway Oriented Signs in Commercial Districts
Freeway oriented signs are only permitted for parcels or shopping centers with freeway frontage.
They are permitted as freestanding or wall mounted signs. Freestanding signs may identify centers,
multiple tenants, and/or single tenants. Wall mounted signs may identify single tenants occupying an
entire building and located on a parcel. Wall mounted signs shall not be permitted for multi tenant
buildings.
(a) Requirements for Freestanding Freeway Oriented Signs in Commercial Districts
(1) Number of signs permitted:
One single tenant identification sign per parcel not located in a shopping center that
is occupied entirely by one business.
One multi tenant identification sign per shopping center if the shopping center is
larger than 7 acres.
Two multi tenant identification signs per shopping center if the center has greater
than 1330 feet of frontage.
(2) Maximum sign area shall be:
50 square feet for single tenant identification signs.
100 square feet for multi tenant identification signs.
include the center's name.
The permitted sign area may
(3)
Maximum sign structure height shall be 25 feet, except that higher signs may be justified
through the use of a flag test. However, these signs shall never exceed 45 feet in height.
For flag test procedures refer to Section 17.28.070 (a) (3) e.
(4)
A freestanding freeway oriented sign shall only be allowed as a pylon sign. Pole signs
shall not be allowed.
(5) Multi tenant signs shall identify a maximum of three tenants.
(6)
Businesses with freestanding freemy signs shall only be permitted a maximum of three signs
which may include a fleestanding freeway sign, a wall mounted sign which shall not be visible
R:XNAASEF~\SIGI~DRAFT22.ORD 4/11/~7 klb 19
fi-om the fleeway, and a monument sign identifying the business on a street oriented single or
multi tenant sign.
(b)
Requirements for Wall Mounted Freeway Oriented Business Identification Signs in
Commercial Districts
Same as Section 17.28.240.
17.28.220
Requirements for Freestanding Shopping Center Identification Signs in
Commercial Districts
Freestanding shopping center identification signs are intended to identify shopping centers. Different
standards have been included for shopping centers with 7 acres or less and more than 7 acres.
(a)
Two signs per major entrance shall be permitted and one additional sign shall be permitted
at each major intersection.
(b) Maximum sign area shall be:
(1)
(2)
20 square feet per sign face for centers 7 acres or less
30 square feet per sign face for centers more than 7 acres
(c) Maximum sign structure height shall be
(1)
(2)
4 feet for centers 7 acres or less.
6 feet for centers more than 7 acres.
17.28.230 Freestanding Tenant Identification in Commercial Districts
Tenant Identification signs are intended to identify tenants whether or not located in shopping centers.
These signs may be single tenant or multi tenant identification signs.
(a) Requirements for Multi Tenant Signs in Commercial Districts
Freestanding multiple tenant identification signs are intended to identify tenants in centers or multi
tenant buildings.
(1)
(2)
(3)
(4)
(s)
Maximum number of~'eestanding tenant identification signs (multi or single tenant sign) is
one per 300 lineal feet of total street frontage for the center. At lease half of the tenant
identification signs shall single tenant identification signs.
Each center shall be allowed at least one multi tenant sign. However, if the center has more
than one street frontage, one multi tenant sign per street frontage shall be allowed.
Maximum sign structure height shall be 12 feet.
Maximum sign area shall be 100 square feet.
The center name may be added to multi tenant signs but the total sign area including the
center name shall not exceed 100 square feet.
R:~NAASEHS\SIONXDRAFr22.ORD 4/11/97 klb 20
(6)
(7)
(s)
The maximum number of signs per panel shall be one.
The minimum panel width shall be 10 inches.
The minimum letter size shall be 5 inches.
(b)
Requirements for Freestanding Building or Single Tenant Identification Signs in
Commercial Districts
Freestanding building or business identification signs are intended to identify single tenants in a center,
single tenants not in a center, or buildings in commercial districts.
(D
(2)
(3)
(4)
(5)
Maximum number of freestanding tenant identification signs (multi or single tenant sign) is
one per 300 lineal feet of total street frontage for the center. At lease half of the tenant
identification signs shall single tenant identification signs.
The maximum number of signs for single tenants not located in a center shall be one sign per
tenant.
Each center shah be allowed at least one multi tenant sign. However, if the center has more
than one street frontage, one multi tenant sign per street frontage shall be allowed.
Theater and gas station signs are counted as s'mgle tenant signs in the formula calculations for
determining the maximum number of permitted tenant signs for a center. These signs shall
meet all the requirements for single tenant signs except for size and height requirements as
specified in Subsection (3) a. and b. below.
The maximum area for all s'mgle tenant identification signs or building identification signs shall
be 25 square feet, except that:
Maximum area for theater signs shall be 150 square feet which may include the area
for identification of all the shows and the theater name.
Maximum area for service stations shall be 50 square feet which may include the area
for all fuel types, prices, and the service station name.
(6)
(7)
(s)
(9)
Maximum sign structure height for all single tenant signs and gas station signs shall be 6 feet,
except theaters which shall be 15 feet.
No more than one tenant shall be identified.
If the frontage of a center is less than 300 feet, no single tenant identification is permitted.
Automotive service stations shall be allowed one price sign per frontage to include all fuel
types and/or prices.
17.28.240
Requirements for Wall Mounted Business Identification Signs for Buildings
with 2 stories or less in Commercial Districts
Wall mounted business identification signs are intended to provide identification for the individual
businesses located in buildings with 2 stories or less in Commercial Districts.
(a)
(b)
(c)
Maximum number of signs shall be 1 per frontage for each tenant.
Maximum area of signs shall be 1 square foot of sign area per lineal foot of building frontage.
Building identification signs are only permitted if no tenant identification signs are permitted
on the building.
R:~AASEHS\SIGN~DRAFr22.OPd) 4/11/97 k~ 2 1
17.28.250 Wall Mounted Signs for Buildings with 3 Stories or More in Commercial
Districts
(a)
Requirements for Wall Mounted Building Identification Signs for Buildings with
Stories or More in Commercial Districts
Wall mounted building identification signs are intended to provide identification for buildings with
3 Stories or more. This type of signage is usually used by the primary tenant in an office building.
(1) Maximum number of signs shall be two per building.
(2) Maximum letter height and sign area shall be determined by Section 17.28.250 (c), Size
Requirements.
(3) General Requirements
The two permitted signs shall be placed on different building elevations.
Both signs shall have the same copy.
Shall consist of a single line of copy.
The elevation plans for the Development Plan shall show the locations and dimensions
of the signs.
(4) Design Requirements
They shall complement and add to the aesthetics of the materials of the building.
They may be illuminated. However, in order to reduce the visual impact of
illuminated signs on surrounding residential districts, lighting of signs to produce a
silhouette effect is encouraged. Signs internally illuminated are preferred over
exterior illumination.
The sign copy shall be surrounded with sufficient space to be visually pleasing.
To avoid the appearance of crowding a sign into a sign placement area, the sign copy
shall:
Occupy no more than sixty (60) percent of the height of the sign placement
area; and ,
No more than eighty (80) percent of the width of the sign placement area;
and,
No part of the sign can be located within the extreme let~ or right ten (10)
percent of the width of the sign placement area.
(5) Location Requirements
In conventional high-rise buildings, signs shall be placed above the vision glass
windows of the highest floor of the building and below the cave line.
In conventional designs with articulated roofs, signs shall be integrated visually with
the architectural features such as windows, projections, and articulafmg elements.
R:XNAASEHS\SIOIN!XDRAFI~2.ORD 4/11/97 klb 22
(b) Requirements for Wall Mounted Secondary Tenant Business Identification Signs for
Buildings with 3 Stories or More in Commercial Districts
Wall mounted secondary tenant business identification signs are intended to provide identification for
the secondary tenants in office buildings with 3 stories or more.
(1) Maximum number of signs shall be one per building elevation.
(2) Maximum letter height and sign area shall be determined by Section 17.28.250 (c).
(3) They shall be permitted below the second floor, except that if the building has a two-story
lobby, the signs are permitted only between the second and third floors above such lobby.
(4) Maximum of four (4) secondary tenant signs shall be permitted per building.
(5) Maximum of one secondary tenant per elevation is permitted except that buildings between
3 and 5 stories two such signs shall be permitted per elevation, provided that:
Shall not be located on any elevation in vertical (stacked) alignment.
Shall be separated by at least 40 percent of width of the subject elevation.
(6) They shall be located at or adjacent to the entrance of the building or in a position to be seen
by pedestrians and by those in nearby parking areas and on-site circulation drives.
(7) If retail shops with exterior doors are located on the ground level of an office building, the
sign regulations for wall mounted business identification signs in commercial districts (Section
17.28.240) shall apply.
(c) Size Requirements
The following sections provide the letter height, symbol height, and sign area for identification of
buildings and secondary tenants for office buildings with 3 stories or more.
(1)
The Recommended sign area, maximum letter and symbol height for building Identification
signs for buildings 3 stories or higher is summarized in Table 17.28 (e).
Table 17.28 (e)
Sign Area, Maximum Letter and Symbol Height for Building Identification Signs for
Buildings 3 Stories or Higher
Number of Maximum Letter Maximum Symbol Square Footage Area of
Building Stories Height Height Sign Per Elevation
3 2' 10" 4' 6" 175
4 Y 0" 4' 10" 200
5 Y 4" 5' 4" 225
6 3' 9" 6' 0" 250
7+ 4' 2" 6' 8" 275
R:'~IAASEHS~SIGlq~)RAF]'22.ORD 4/11/97 ~ 23
(2) Recommended sign area, maximum letter, and symbol height for secondary tenant signs for
buildings 3 stories or higher is summarized in Table 17.28 (f).
Table 17.28 (0
Area, Maximum Letter, and Symbol Height for Secondary Tenant Signs for Buildings 3
Stories or Higher
Number of
Building Stories
Maximum
Letter Height
Maximum Symbol
Height
Square Footage Area of
Sign Per Elevation
3 -4 10" 16" 30
5 - 6 12" 19" 35 '
7 + 14" 22" 40
17.28.260 Requirements for Special Signs in Commercial Districts
The following provides standards for special signs in Commercial Districts.
(a) Miscellaneous Service Station Signs
(1) Special Service Signs on Pump Islands
They shall be illuminated only by the canopy lighting.
(2) Logo Boxes on Canopies
Two logo boxes located on the canopy shall be allowed per gas station. Each logo box shall not
exceed 4 square feet.
(b)
(1)
(2)
(3)
(4)
(5)
(C)
Fast Food Menu Signs
Maximum number of signs shall be 2 signs per tenant.
Maximum area shall be 32 square feet per sign.
Maximum structure height shall be 6 feet.
They may be internally illuminated.
They may utilize changeable copy.
Institutional Uses
(1) Maximum number of signs shall be one freestanding or one wall sign per street frontage.
(2) The standards for freestanding single tenant and wall mounted business identification signs
in Sections 17.28.230 (b) and 17.28.240, respectively shall be followed.
R:~NAASEHS~SIGN~DRAF722.ORD 4/U/97klb 24
17.28.265 Requirements for Projecting Signs in Commercial Districts
Projecting signs are an alternative form of signage for identification of businesses if uniformly used
in a shopping centers and approved through a sign program.
(a)
(b)
(c)
(d)
(e)
(f)
Maximum number of signs shall be 1 per tenant.
Maximum area of signs shall be 4 square feet.
Maximum height of signs shah not exceed 20 feet or extend above the cave line, whichever
is less.
Ground clearance shall be a minimum of 8 feet.
Projection shall be a maximum of 4 feet and shall not encroach into the public right of way.
Must be attached to a permanent canopy or building.
17.28.270 Requirements for Under Canopy Signs in Commercial Districts
Under canopy signs are primarily pedestrian oriented and provide additional identification for
businesses in commercial centers.
(a)
(b)
(c)
(d)
(e)
Maximum number of signs shall be 1 per customer entrance.
Maximum area of signs shall be 4 square feet.
Ground clearance shall be a minimum of 8 feet.
Must be attached to a permanent canopy or building.
They shall be illuminated only with the lighting from the canopy.
17.28.275 Requirements for Awning Signs in Commercial Districts
Awning signs are intended to provide identification to individual businesses, and can be pedestrian
or automobile oriented. They are only permitted for a shopping center if uniformly used in the
shopping center or for a single tenant if the tenant is occupying an entire site and is not located in a
shopping center.
(a)
(h)
(c)
(d)
(e)
(f)
(g)
(h)
No maximum number of signs is established.
The area of the sign shall not exceed 75% of the area of the awning that the sign is placed on.
Ground clearance shall be a minimum of 8 feet.
Projection shall not extend into the public fight of way; otherwise an encroachment permit
shall be obtained from Public Works Department.
The total area of signage permitted for the face of the building shall not be exceeded for the
combination of the wall sign(s) and awning(s).
The area of the sign on awnings is calculated by multiplying the height of the highest letter
by the length of the lettering on the awning.
Awning signs shall be located on the bottom 12 inch of the flap (valance) or to end panels of
angled, curved, or box awnings.
Awnings signs shall be placed only on the bottom 12 inch of the awning and letter height shall
not exceed 8 inches.
R:~!~!AASEHS\SIGI~DRAFT22.ORD 4/11197
17.28.280 On-Site Directional and Directory Signs in Commercial Districts
The purpose of'directory and direetional signs are to guide the movement of vehicles and pedestrians
once they are on the site or center. They are not intended to advertise the tenants or products.
(a) Requirements for Pedestrian On-Site Directory Signs in Commercial Districts
On-site directory signs are intended to provide information to the patrons of a building once they have
arrived near the entrance of the building.
(1)
(2)
(3)
(4)
(s)
(6)
Maximum number of signs shall be one per multi tenant building per frontage.
Maximum area of signs shall be 30 square feet.
Maximum height of sign shall be 7 feet, iffreestanding.
They shall be located in pedestrian activity and movement areas.
They shall contain only the name and address of the activities/businesses on-site.
They may be illuminated.
(b)
Requirements for Freestanding On-Site Directional Signs for Individual Sites in
Commercial Districts
These signs are intended to provide direction to automobiles to the different areas of the site, once
they have arrived at the site the signs are located on.
O)
(2)
(3)
(4)
(s)
(6)
(7)
No maximum number of signs is established.
Maximum area of sign shall be 3 square feet.
Maximum sign structure height shall be 3 feet.
They shall only include letters and arrows.
They shall be screened from view from the public right of way and private driveways of a
center where practical.
They shall only be visible from the site they are intended to be used for.
They may be illuminated.
(C)
Requirements for Freestanding On-Site Directional Signs for Centers in Commercial
Districts
These signs are intended to provide directions to automobiles to the different businesses on the site.
(D
(2)
(3)
(4)
(5)
(6)
No maximum number of signs is established.
Maximum area of sign shall be 30 square feet.
Maximum sign structure height shall be 7 feet.
They shall be screened from view from the public right of way and private driveways of a
center where practical.
They shall only be visible from the site they are intended to be used for.
They may be illuminated.
R:~l~AASEHS\SIGlq~DRAFT22.ORD 4/11/97 lab 26
OFFICE SIGNS
17.28.500 Signs in Professional Office District
All uses within the Professional Office District must comply with the standards for set forth in
Sections 17.28.300 through 17.28.399, as well as with the standards contained in Section 17.28.070,
General Requirements. Wall mounted business identification signs for retail uses on the first floor
of an office building with exterior entrances which must also comply with the standards for
Commercial Districts contained in Section 17.28.240. If retail uses have interior entrances only, no
wall mounted business identification signs are permitted. All signs within the Professional Office
District must also comply with the standards contained in Section 17.28.070, General Requirements.
17.28.310 Sign Types Prohibited in Professional Office Districts
(c)
(d)
Freestanding Multiple Tenant Identification
Projecting Signs
Under Canopy Signs
Awning Signs
17.28.320
Sign Types Permitted in the Professional Office District with the Same
Standards as Commercial Districts
(a)
(b)
Requirements for wall mounted signs for buildings with 3 stories or more are same as Section
17.28.250.
Requirements for on-site directional and directory signs are same as Section 17.28.280 (a),
(b), and (c).
17.28.325 Freeway Oriented Signs in Professional Office Districts
Only travel oriented commercial uses such as gas stations, restaurants, fast food establishments, and
hotels/motels with freeway frontage are permitted, through approval of a sign program, to have
freeway oriented signs. Freeway oriented signs are permitted as freestanding and wall mounted signs.
Freestanding signs may identify centers, multiple tenants, and/or single tenants. Wall mounted signs
shall not be permitted for multi tenant buildings. The provisions included in Section 17.28.210 shall
apply to all signs permitted by this subsection.
17.28.330
Requirements for Freestanding Office Center Identification Signs in
Professional Office District
Freestanding office center identification signs are intended to identify office centers.
(a)
(b)
(c)
Maximum number of signs shall be two per major entrance plus, one additional at each major
intersection.
Maximum sign area shall be 30 square feet.
Maximum sign structure height shall be 6 feet.
R:~IAASEHS\SIGN~DRAFT22,ORD 4/11197 klb 27
17.28.340
Requirements for Freestandlng Building or Single Tenant Identification Signs
for Single Tenant Office Buildings in Professional Office District
Freestanding single tenant identification signs are intended to provide identification for any tenant
in an office building occupying lhe entire building. In multi tenant office buildings, a fleestanding
building identification sign is permitted to identify the building.
(a) Maximum number of signs shall be one per street frontage plus, one additional per major
intersection.
(b) Maximum signs area shall be 20 square feet.
(c) Maximum sign structure shall be 6 feet.
(d) No more than one tenant shall be identified.
17.28.350
Requirements for Wall Mounted Business or Building Identification Signs
for Single and Multi Tenant Buildings with 2 Stories or Less in Professional
Office District
Wall mounted business identification signs are intended to provide identification for individual
businesses in single or multi tenant office buildings with two stories or less. However, only multi
tenant buildings with exterior entrances for their tenants are permitted to have wall mounted business
identification signs.
(a) Maximum number of signs shall be one sign per fi'ontage for each tenant.
(b) Maximum area of signs shall not exceed '/~ square feet per lineal feet of frontage. However,
the sign area shall not exceed 50 square feet.
(c) For multi tenant buildings wall mounted business identification signs shall be permitted only
if the main entrance to each suite is from the exterior of the building as opposed to a lobby
or court yard design.
(d) Building identification signs are only permitted if no tenant identifications are permitted.
(e) External Illumination shall not be permitted.
R:'~IAASEHS\SIGN~DRAFI22.ORD 4111197 klb 28
INDUSTRIAL SIGNS
17.28.400 Signs in Industrial Districts
All uses within Industrial Districts must comply with the standards for Industrial Districts contained
in Sections 17.28.400 through 17.28.499, and with the standards contained in Section 17.28.070,
General Requirements. Office buildings must comply with the standards for Commercial District
contained in Section 17.28.250. All signs within the Industrial Districts must comply with the
standards contained in Section 17.28.070, General Requirements.
17.28.410 Sign Types Prohibited in Industrial Districts
The following sign types are prohibited in the Industrial Districts.
(a)
(b)
(c)
(d)
(e)
(0
Freeway Oriented Signs
Freestanding Off-Site Center Identification Signs for Centers Larger Than 60 Acres
Freestanding Multiple Tenant Identification Signs
Projecting Signs
Under Canopy
Awning Signs
17.28.420 Sign Types Permitted in Industrial Districts
In addition to the signs otherwise permitted by this chapter for Industrial Districts, the following sign
types are permitted in these Districts provided that they meet the following specified standards.
(a)
(b)
Wall mounted signs for buildings with 3 stories or more shall comply with the provisions of
Section 17.28.250.
On-site directory signs, on-site directional signs for individual sites, and on-site directional
signs for centers shall comply with the provisions of Sections 17.28.280 (a), (b), and (c),
respectively.
17.28.430
Requirements for Freestanding Business Center Identification Signs in
Industrial Districts
Freestanding business center identification signs are intended to identify business centers. Different
standards have been included for business centers with 7 acres or less and more than 7 acres.
(a)
(b)
(c)
Maximum number of signs shall be two per major entrance plus, one additional per major
intersection.
Maximum signs area shall be 30 square feet.
Maximum sign structure height shall be 6 feet.
R:~!-a-ASEHS\SIGINn, DRAFT22.ORD 4111197 klb 29
17.28.440 Requirements for Freestanding Tenant Identification Signs in Industrial
Districts
Freestanding business or building identification signs are intended to provide identification for a
tenant occupying an entire industrial building. They are also used to identify a multi-tenant industrial
building.
(a) Maximum number of signs shall be one per street frontage plus, one additional per major
intersection.
(b) Maximum sign area shall be 20 square feet.
(c) Maximum sign structure height shall be 6 feet.
(d) No more than one tenant shall be identified.
17.28.450
Requirements for Wall Mounted Business or Building Identification Signs
for Buildings with 2 Stories or Less in Industrial Districts
Wall mounted business or building identification signs are intended to provide identification for
individual businesses in single or multi-tenant industrial buildings.
(a)
(b)
(c)
Maximum number of signs shall be 1 per frontage for each tenant.
Maximum sign area shall not exceed ¼ square feet per lineal feet of building frontage.
Building identification signs are only permitted if no tenant identifications are permitted.
17.28.600
Temporary Business Advertising Signs in Commercial, Office, and Industrial
Districts
(a) Purpose
The purpose of this Section is to set standards for temporary business advertising signs (Commercial,
Professional Office, and Industrial) in the City. Temporary business advertising signs include
promotional signs, grand opening signs, interim signs, special event signs, and other signs made up
of temporary materials or used in a temporary fashion.
(b)
Promotional Signs in Commercial, Office, Industrial, Medium Density Residential, and
High Density Residential Districts
Promotional Signs are temporary business advertising signs intended to attract attention to a use or
activity for a limited number of events as identified in this Section. In residential districts, these signs
are only permitted for rental multi family complexes in the Medium Density Residential and High
Density Residential Districts. The two types of promotional signs include attached and detached
signs. Only attached promotional signs are permitted for the Medium Density Residential and High
Density Residential Districts. Attached and detached promotional signs that require a permit may not
be used in combination during any quarter.
R:~/AASEI-IS~SIGl~DRAFT22.ORD 4111197 lab 30
(1) Requirements for Attached Promotional Signs
f
For each use or business activity up to one (1) sign may be allowed. For a use or
business activity with fi'ontage on two or more major streets, 2 signs may be allowed.
Maximum area shall be 100 square feet.
The vertical dimension of the sign shall not exceed 5 feet. Shall not exceed the top of
the eave hne or parapet wall.
The width (horizontal dimension) shall not exceed sixty percent (60%) of the business
or store frontage for businesses, whichever is smaller, or building frontage for rental
multiple family complexes.
The maximum duration for attached promotional signs is one thirty (30) day period
per quarter. Except that attached promotional signs in Commercial, Office, and
Industrial Districts may be used for two thirty (30) day periods in the 4th quarter of
each year and in Medium and High Density Residential Districts may be used for two
thirty (30) day periods in the third quarter of each year.
All promotional signs shall be located on the site where the use or activity is located.
(2) Requirements for Detached Promotional Signs
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 major streets 2 signs may be
allowed.
Maximum area shall not exceed 32 square feet.
The vertical dimension shall not exceed 3 feet and shall not exceed 6 feet above the
ground.
They shall be mounted to a frame. The frame shall be constructed of attractive
permanent materials and shall be constructed so that no additional supports or bracing
is required.
They shall not block, restrict or impair any of the following:
2.
3.
4.
The public's view of another business or activity.
The public's view of the signage for another business or activity.
The view or visibility of the operator of any motor vehicle.
The movement of any pedestrian or motor vehicle.
The maximum duration for detached promotional signs is two thirty (30) day periods
per year.
(c)
Grand Opening Signs in Commercial, Office, Industrial, Medium Density Residential,
and High Density Residential Districts
Grand opening signs are temporary business advertising signs, beating the words "Grand Opening",
or some similar message to announce the opening of a new business or for multiple family rental
complexes.
R:XNAASEHS\SIGNXDRAFT22.ORD 4/11/97 klb 3 1
(1) For each use, business activity, or multiple family rental complexes up to one (1) sign may be
allowed. For a use, business activity, or multiple family rental complexes with frontage on
two or more major streets, (two) 2 signs may be allowed.
(2) Maximum area shall not exceed 60 square feet.
(3) The vertical dimension shall not exceed 3 feet. They shall not exceed the top of the eave line
or parapet wall.
(4) They shall be attached to the building where the use, activity, or multiple family rental
complexes is located.
(5) The width (horizontal dimension) shall not exceed sixty percent (60%) of the business, store
frontage, whichever is smaller, or building frontage for rental multiple family complexes.
(6) They may be allowed for any period of time during the first one hundred and twenty (120)
days of business or multi family rental complex operation.
(d) Interim Signs
Interim signs are temporary business advertising signs intended to provide interim signage while the
permanent signage is being fabricated, repaired, or prepared for installation.
(1) The maximum number of signs shall be the same number of permanent signs permitted by this
Chapter.
(2) They shall be the same as the size of permanent signs permitted by this Chapter.
(3) They may contain only the business name and appropriate logo. They shall be attached to the
building where the use or activity is located.
(4) They may be allowed for any period up to ninety (90) days. The Director 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) Special Event Signs in Commercial, Office, and Industrial Districts
Special event signs are temporary business advertising signs 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. In addition to the on-site signs permitted by this Section, community events
sponsored by the City or by a non-profit organization may be allowed one off-site sign. Two types
of special event signs include attached and detached special event signs.
(1) Attached Special Event Signs in Commercial, Office, and Industrial Districts
Special event signs for events held in a building or structure shah be attached to the building or
structure where the use or activity is located.
The maximum area shall nor exceed 32 square feet.
The vertical dimension shall not exceed 3 feet. They shall not exceed the top of the
cave line or parapet wall of the building.
They shall be located on the site of the special event or activity being advertised.
R:XNAASEHS~SlGN~RAFT22.ORD 4/11/97 k~ 32
The width (horizontal dimension) shall not exceed sixty percent (60%) of the business
or store frontage, whichever is smaller.
Special event signs may be allowed for any period up to forty-five (45) days. The
Director may allow a one-time extension, for any period up to an additional forty-five
(45) days, with good cause. It is the responsibility of the proponent of the extension
to justify why the extension is appropriate.
(2) Detached Special Event Signs in Commercial, Office, and Industrial Districts
Special event signs which are not located in buildings or structures shall be securely attached to poles
or a structure on the site where the use or activity is located.
The maximum area shall be 32 square feet.
The vertical dimension shall not exceed 3 feet. The maximum height to the top of the
sign shall not exceed 6 feet.
The width (horizontal dimension) shall not exceed 15 feet.
Special event signs may be allowed for any period up to forty-five (45) days. The
Director may allow a one-time extension, for any period up to an additional thirty (30)
days, with good cause. It is the responsibility of the proponent of the extension to
justify why the extension is appropriate.
Special event signs for special community-wide events, such as the Tractor Races and
Wine and Balloon Festival, may be allowed additional supplemental and/or directional
temporary signage at the discretion of the Director. Supplemental directional signage
should not exceed thirty-two (32) square feet on major roadways and twenty-four
(24) square feet on other roadways. The appropriate sizes and locations for all
supplemental and/or directional temporary signs shall be determined by the Director.
17.28.700
Requirements for Temporary Ambient Air Balloons in Commercial, Office, and
Industrial Districts
A temporary ambient balloon is a sign 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. These signs are intended to provide additional exposure to the businesses in the
City provided certain restrictions are met.
(a)
The maximum number of balloons shall not exceed three (3) on any one site during any time
period specified in Section 17.28.700 (1) Co).
A site shall be defined as the following:
(2)
One or more conliguous legal parcels of land where an individual building or an integrated
building development has been approved; or
A building that contains two or more separate independently owned or operated
commercial, office, or industrial businesses.
(C)
The maximum display time shall not exceed a total of ~t~een (15) calendar days within any
ninety (90) calendar day period. In lieu of the fit~een (15) calendar day period herein, a thirty
R:~NAASEHS\SIGNXDRAFIT2.ORD 4111197 klb 33
(d)
(e)
(0
(g)
(h)
(i)
(j)
(k)
(l)
(30) calendar day permit may be issued by the Director during the month of the Temecula
Annual Balloon and Wine Festival, if such event is held.
Spacing shall be a minimum of three hundred fifty (350`) feet between the balloons.
The requirements for m.a.,dmum allowable three (3) signs on any one site and minimum three
hundred fifty (350') foot spacing between balloons may be waived by the Director during the
month of the Temecula Annual Balloon and Wine Festival, if such event is held.
The maximum cross section of the balloon shall not exceed 1500 square feet.
The maximum height shall not exceed thirty (30) feet, as measured from the point of anchor
to the highest portion of the balloon.
They may be illuminated at night using electrical lighting systems.
Balloons shall be ground mounted or roof mounted using steel cable anchoring systems.
Balloons shall be tethered and not be free-floating nor constructed in a shape different from
the "hot-air balloon shape" typically depicted in the City of Temecula's Annual Balloon and
W'me Festival. For example, such balloons in the shape of blimps or cartoon characters shall
not be permitted.
All such signs shall be removed no later than the last day permitted in the approved
application.
No temporary ambient air balloon or similar inflatable shall be erected, placed or maintained
so that it does any of the following:
(1)
(2)
Mars, defaces, disfigures or damages any public building, structure or other property; or
Endangers the safety of person or properly.
17.28.800 Kiosk Signs in all Districts
(a) Purpose
The purpose of this section is to provide a uniform, coordinated method of offering developers and
apartment owners a means of providing directional signs to their projects, while minimizing confusion
among prospective purchasers and renters who wish to inspect development projects and apartments,
while promoting traffic safety and reducing the visual blight of the proliferation of signs. Directional
kiosk signs, including travel direction signs, other than those on-site, are prohibited except as
provided in this Section.
(b) Authority to Grant License
The City Council may, by duly executed license agreement, grant to a qualified person the exclusive
right to design, erect and maintain directional kiosk signs within the entire City, or any designated
portion thereof Licensees shall be selected by soliciting request for proposals. Notwithstanding the
foregoing, any person erecting or placing directional kiosk signs on-site shall not be required to
obtain a license. The term of each license shall be set forth in the license agreement.
(c) Directional Signs Structures: Operation
Licensee(s) shall make directional sign panels available to all persons or entities selling subdivisions
or renting apartments (hereinafter referred to as "Subdivider/Land Lord") on a first-come, first-
R:~NAASEHSXSIGN~DRAFF22.ORD 4/11/97 kro 34
service basis. No sign panels shall be granted to any subdMder for a period of excess of two years.
However, a subdivider who is soliciting sales of more than two subdivisions within a single planned
community or a specific plan area shall not be subject to the two-year limitation during such
solicitation. Land Lords may indefinitely display their project name on the kiosk signs. Licensee(s)
shall maintain a separate waiting list for each sign structure. Alternatively, a subdivider/Land Lord
may apply to licensee for a sign panel program consisting of a single sign panel on each of a series
of sign structures as needed to guide prospective purchasers to his/her subdivision/rental project.
A subdivider whose time of use for a sign panel or sign space program has expired, may reapply
and shall be placed on the waiting list in the same manner as a new applicant.
(d) General Requirements
(D
(2)
(3)
(4)
(s)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
For purposes of this Section, street intersection shall mean where two or more streets or
roads cross at the same grade. Street or road shall include atl streets and roads with a right
of way of 88 feet or larger.
Maximum height shall not exceed 12 feet.
Direcfional signs shall not obstruct the use of sidewalks, walkways, bike and hiking trails;
shall not obstruct the visibility of vehicles, pedestrians or traffic control signs; shall, where
feasible, be combined with advance street name signs; shall not be installed in the
immediate vicinity of street intersection; and shall be limited to not more than three (3)
structures between street intersections.
Directional signs shall not be placed on local residential streets.
Sign structures shall be ladder type with individual sign panels of uniform design and color
throughout the City limits.
The width of sign structures and sign panels shall not exceed 5 feet.
Sign panels shall not be illuminated.
Sign structure installations shall include "break away" design features where required in
right-of-way areas.
No signs, pennants, flags, other devices for visual attention or other appurtenances shall
be placed on the directional signs.
The sign panel lettering for tract identification shall be uniform.
All signs erected on private property must have written consent from the property owner
with the City to have a right to enter property to remove any signs not in conformance.
All signs within the public right-of-way must have an encroachment permit.
The licensee or holder of an encroachment permit shall hold the City, and its officers and
employees, harmless of all costs, claims, and damages levied against them, and the license
or encroachment permit shall so provide.
17.28.900 Enforcement, Legal Procedures, and Penalties
The following signs are hereby declared a public nuisance, subject to abatement pursuant to the
provisions of Chapter 8.12 of this Cede:
(a) Declaration of Public Nuisance
R:XNAASEHS\SIGI~I)RAFr22.ORD 4111197 klb 35
(1)
(2)
(3)
Any sign that is erected or installed in violation of this Chapter;
Any sign that is abandoned as defined in paragraph (e) of this Section 17.28.900;
Any sign the owner of which has received a written notice from the Building Official
pursuant to paragraph Co) of Section 17.28.910, and the maintenance, alterations, or
repairs specified in the notice are not made within thirty (30) calendar days after the date
of receipt of such notice.
Co) Removal
(1) Removal Without Notice of signs within the Right-of-Way
All signs in the public right-of-way may be removed by the City without issuing a notice
of violation.
(2) Emergency Removal
Where the Building Official determines that the sign in question poses an imminent safety
hazard or dangerous condition, such sign may be removed immediately and stored by the
city.
(3) Removal of Temporary Signs
Any temporary sign erected, placed or maintained in violation of any provisions of this
section may be removed by the City 5 days after issuance of a notice of violation to the
persen or party who caused the sign to be erected, and to the owner, lessee, or person in
lawful possession of the property on which the sign is located.
(4)
The owners of signs removed pursuant to subparagraphs (1), (2), or (3) of this paragraph
(c) of Section 17.28.900 shall be liable to the City for all costs and expenses incurred by
the City in removing and storing the signs, in accordance with the provisions and
procedures of Section 8.12.140 of this Cede. As soon as practicable following removal
pursuant to subparagraphs (1), (2), or (3) of this paragraph (c) of Section 17.28.900, but
in no case later than forty-eight (48) hours after removal, a notice of violation shall be sent
to the owner of the sign(s) via regular mail. The sign(s) will be returned to the owner only
upon payment of removal and storage costs pursuant to Section 8.12.140. If the sign(s)
is not claimed within thirty (30) days after the receipt of Notice of Violation the sign(s)
may be destroyed.
(c) Unauthorized Removal of Signs
No persen shall remove, destroy, relocate, or otherwise disturb any sign without the permission
of the party who caused the sign to be erected. Nothing in this subsection shall prohibit the owner
of a piece of property, or his or her authorized representative, from removing a sign from his or
her property that was erected without his or her consent. Nothing in this paragraph shall prevent
R:~NAASEHS\SIGNXDRAFF22.ORD 4/ll/97klb 36
the Building Official from taking action to abate sign violations pursuant to the provisions of this
Code.
(d) Abandoned Signs
Signs shall be considered abandoned and subject to abatement pursuant to Section 17.28.900 (a)
and (b) under any of the following circumstances:
(1)
A sign which, for a period of ninety (90) days, no longer advertises or identifies an
ongoing business, product, or service available on the premise where the sign is located.
(2)
Where a sign permit for a temporary sign has expired and the sign has not been removed
within one day after the date of expiration.
(3)
Where the sign concerns a specific event and five (5) days have elapsed since the
occurrence of the event.
17.28.910 Maintenance Responsibility of Signs
(a)
All signs shall be kept in good condition, be legible, adequately repaired, maintained, and
painted by the owner thereof at all times. The standard for adequate repairs is that the
repairs shall be at least equal in quality and design to the original work such as the paint,
finish, materials, landscaping, illumination, structure, and any required surrounding
landscaping.
Co)
Signs not properly maintained shall be issued a notice to maintain, alter, or repair by the
Building Official. Upon a written notice from the Building Official, the maintenance,
alterations, or repairs specified in the notice shall be made within thirty (30) calendar days
after the date of receipt of such notice.
(C)
Appropriate easements for access and maintenance shall be secured for centers that contain
more than one parcel and include center identification signs, multi tenant signs, single
tenant identification signs, etcetera.
(~)
CC & Rs or other acceptable maintenance mechanism shall be established for centers with
center identification signs, multi tenant signs, single tenant identification signs, etcetera,
in order to identify the responsible party for appropriate maintenance of the signs in
accordance with the provisions of this Chapter.
R:XNAASEHS\SIGl~DRAFT22.ORD 4/11/97 lifo 37
17.28.920 Non-conforming Signs
(a) Purpose and Intent
It is the intent of this section to recognize that the eventual elimination of existing signs that are
not in conformity with the provisions of this Chapter requires further analysis of the existing signs
in the City.
(b) Continued Use of Non-Conforming Signs
A non-conforming sign may continue to be used and must be properly maintained in accordance
with Section 17.28.910. With the exception of the auto mall center identification sign, non-
conforming signs may not be:
(1)
(2)
(3)
(4)
(5)
(6)
Changed to another non-conforming sign
Improved or structurally altered so as to extend its useful life
Expanded
Reestablished al~er discontinuance for 90 days or more
Reestablished after damage or destruction or more than 50 percent of its value
Moved or relocated.
Section 2. Table 17.03(a) of the Temecula Development Code is hereby amended by
adding the following approval categories:
Aonroval
Administrative
An~roval
Planning Planning
Director Commission
city
Council
Sign Permits X
Sign Programs (Approved by the
body approving the
Development Plan)
X X
Modification to Sign Programs
X
Section 3. Section 17.03.060(b) of the Temecula Development Code is hereby amended
by adding the following:
"(4) Increases in the allowable size, height, number, or location of new or existing signs by less
than ten percent (10%) of the standards within Chapter 17.28."
Section 4. Section 17.03.090 (b) of the Temecula Development Code is hereby amended
by adding the following:
"(2) Actions by the Director of planning on the approval of sign permits."
R:XNAASEHS\SIGN~DRAFT22.ORD 4/11/97 klb 38
Section 5. Section 17.34.010(a) of the Temecula Development Code is hereby amended
by deleting the definition for "Alteration", "Sign", and "Outdoor Advertising Structure" and adding
the following definitions:
Section 6. Article XIX of Ordinance 348, Advertising Regulations, Ordinances 91-26,
Ambient Balloons, Ordinances 92-16, 93-12, 94-23, Temporary Signs, Ordinance 93-09, Outdoor
Advertising Displays, Ordinance 91--40 Directional Signs, and Section 6 of Ordinance 593 are
hereby repealed.
Section 7. Environmental Compliance. The City Council hereby determines that the
provisions of this Ordinance would have no effect on the environment and are therefore exempt
from requirements of the California Environmental Qna~ity Act pursuant to Section 15061 (b) (3).
This section indicates that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. It also states, that where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to the provisions of CEQA.
Section 8. 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. The City Clerk shall publish a summary
of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office
of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from
adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with
the names of the Councilmembers voting for and against the Ordinance, and post the same in the
office of the City Clerk.
Section 9. PASSED, APPROVED AND ADOPTED this day of __, 1997.
ATTEST:
Patricia H. Birdsall, Mayor
June S. Greek, CMC, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
R:XIqAASEItS\SIGI~DRAFT22.ORD 4111197 klb 39
STATE OF CALIFORNIA )
COUNTY OF KIVEKSIDE ) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, do hereby certi& that the foregoing
Ordinance No. __ was duly introduced at a regular meeting of the City Council on the
day of ,1997, and that thereafter, the Ordinance was duly adopted and passed
at a regular meeting of the City Council on the day of 1997, by the
following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
June S. Greek, CMC, City Clerk
R:'tNAASEHS\SIGN'xDRAFT22.ORD 4111197 klb 40
CITY OF TEMECULA Sitm Ordinance
"A-Frame Sign
Alteration
Ambient Air
Balloons
Animated
Sign
Architectural
Elements
Attached
Temporary Sign
Auto Mall
Center
Identification
Sign
Awning Sign
A portable temporary advertising device which is commonly in the shape
of an 'A', or some variation thereof, is located on the ground, is easily
moveable, and is usually two-sided.
Any change or rearrangement in the supporting members of an existing
building such as beating walls, columns, beams, girders, or interior partitions,
as well as any change in doors or windows, or any enlargement to or
diminution of a building or structure, whether horizontally or vertically, or the
moving of a building or structure from one location to another. Alteration for
signs include any change of face, color, material, size, shape, illumination,
position, location, construction, or support of any sign or advertising device.
Ambient air balloons mean a balloon, supported by forced air (non-helium),
constructed of fabric materials, affixed to the ground or roof top using steel
cable anchoring systems, and often containing advertising messages.
See Flashing Sign.
An integrated component of the design of a building, including walls,
windows, entryways, racers, roofs, and other typical components.
Attached temporary sign means a temporary sign which is mounted, placed,
or attached only to the permanent building where the business activity is
conducted.
The existing fleeway oriented auto mall center identification sign including the
electronic message board, located on 2663 1 Ynez Road.
A painted or silkscreened, non-electric sign attached to an awning or canopy
attached to the exterior of a building.
Awning Sign
R:XNAASEHS~S1GNXDEFINTT.OILD 4/10197 klb
CITY OF TEMECULA Sien Ordlnance
Banner, Flag,
Pennant
Building
Official
Building
Frontage
Business Center
Can Sign
Center
Identification
Sign
Channel
Letters
Commercial
Districts
Commercial
Off-Premise Sign
Corporate Flag
Director
Any booling plastic, paper, or similar material used for advertising purposes
that is attached to any structure, staff, pole, line, framing, vehicles or any
other similar object.
The Building Official of the City of Temecula or the authorized representative.
The length of the building elevation(s) which fronts on a public street, public
parking lot, or major pedestrian walkway.
A group of three (3) or more industrial establishments planned, constructed
and managed as a total entity with customer and employee parking provided
on-site, provision for goods delivery separated from customer access,
aesthetic considerations and protection from the elements.
Sometimes referred to as cabinet signs, a sign that is shaped like a box to
enclose the source of illumination (internally illuminated) so that the light
shines through the translucent portions of the signs copy panel(s). Logo
boxes are not considered can signs.
A sign that identifies the name of a center and is located at a center
entrance.
Individual three dimensional letters or figures that are affixed to a building or
a freestanding sign structure.
Commercial districts include Neighborhood, Community, Highway/Tourist,
and Service Commercial zoning designations or their equivalent Specific Plan
zoning designation.
Means any sign structure advertising an establishment, merchandise, or
entertainment, which is not sold, produced, manufactured, or furnished at the
property on which the sign is located. Commercial off-premise signs are
commonly known or referred to as billboards.
A flag of a nationally recognized corporation or company. Individual
businesses with franchise agreements or individually operated business of a
larger company are not be included in this definition.
The Director of Community Development of the City of Temecula or
authorized representative.
CITY OF TEMECULA Sien Ordinance
Community
Feature
Community/
Neighborhood
Identification
Sign
Construction,
Contractor,
Financing, or
Remodeling Sign
Customer
Entrance
Day-Glow Colon
Decorative Flag
Detached
Temporary Sign
Directional
Kiosk Sign
Eave Line
Employment
Opportunity Sign
Flashing Sign
A design feature combining landscaping, hardscaping, architectural features,
public art, signs, or any other creative feature that can be considered a special
and unique design for locations that are considered major intersections or
highly visible locations within the City.
A community identification sign identifies the name and/or logo of a specific
plan. A neighborhood identification sign identifies the name and/or logo of
a subdivision, mobile home park, or multi family complex.
Temporary signs which states the name of the individual(s) and/or firms
connected with the construction or financing of a project,
An entrance used by customers and patrons excluding loading entrances.
Bright ~orescent appearing colors.
A flag or banner attached to light poles or other objects in a shopping center
that provides a festive atmosphere to the center by colors, graphics, etc. and
does not provide advertising space.
Detached temporary sign means a temporary sign which is partially
attached to a permanent building, or is attached to a temporary structure
such as a pole or pipe, or any combination of the above. Detached
temporary signs do not include portable or vehicle mounted signs.
Means a flee standing, multiple-sided, sign structure whose main purpose is
to display signs or information.
Part of the roof which projects over or meets the wall.
A sign that advertises the availability of an employment position within
commercial, industrial, office, or residential districts where non-residential
uses are permitted.
Any sign, except time and temperature displays that do not include
advertis'rag, which contains or is illuminated by lights which are intermittently
on and off, which change intensity or color, or which create the illusion of
motion in any manner, including animated signs which manifest a physical
movement or rotation in one or more planes or the optical illusion of action
or motion.
CITY OF TEMECULA Sien Ordinance
For Rent Signs
Freestanding
Sign
Freeway Frontage
Freeway Oriented
Sign
Frontage
Future Tenant
Identification
Sign
Incidental
Sign
Industrial
Districts
Interior Sign
Logo
Maj or Entrance
Major Street or
Intersection
Memorial Sign
Permanent signs in multi family complexes to identify availability of rental
units.
A sign permanently supported by one or more uprights, braces, poles, or other
similar structural components, and attached to the ground or foundation set
in the ground.
Boundary of a parcel abutting an interstate freeway.
A sign located on a parcel with freeway frontage that is oriented toward the
fleeway.
Boundary a building, parcel, or site along public streets, parking lots, or
pedestrian malls.
A temporary sign which identifies a future use of a site or building(s).
A small sign, emblem, or decal informing the public of incidental information
relating to the buildings on premises (i.e., name of business, telephone
numbers, open, closed, hours of operation, credit cards, etcetera.)
Industrial districts include Business Park and Light Industrial Zoning Districts
or any equivalent Specific Plan zoning designation.
A sign inside any business that is not intended to be seen from outside the
building in which the business is located.
A trademark or symbol used to identify a business.
An automobile entrance to a shopping, office, or business center used
primarily by customers with either full or restricted access. Entrances used
solely for loading and unloading are not considered major entrances.
A street or intersection of two streets which have an ultimate General Plan or
Specific Plan right-of-way of 78 feet or more.
Signs usually located on tablets, plaques, or are cut into the facade of the
building. They can include religious symbols, the names of the building or
site, dates of erection, and other important historical facts.
CITY OF TEMECULA Sien Ordinance
Menu Sign
Monument Sign
A sign located adjacent to a drive-through lane of a fast food service facility,
which lists the products available and the prices, and is designed to be read by
the occupant of a vehicle.
A freestanding low profile sign supported by a
solid base (as opposed to poles or open
braces).
Moving Sign
Non-Commercial
Off-Premise Sign
Office Building
Office Center
Office District
Off-Premise Sign
On-Premise Sign
Monument Sign
A sign whose entirety or components rotate, move, and swing in any manner
to attract attention and signs consisting of any flashing, blinking, indexing,
fluctuating or otherwise animated lights and components including search
lights and electric message boards.
Any sign exhibiting non-commercial speech or message; signage unrelated to
the buying or selling of commodities or services.
A building whose primary function is to provide office space for professional,
medical, and administrative purposes. Office buildings may include secondary
and supporting retail uses that are generally located on the first floor.
A group of three (3) or more office establishments planned, constructed and
managed as a total entity with customer and employee parking provided on-
site, provision for goods delivery separated from customer access, aesthetic
considerations and protection from the elements.
Office district refers to the Professional Office zoning designation or any
equivalent Specific Plan zoning designation..
Any sign which advertises businesses, services, goods, persons, places, or
events at a location other than that upon which the sign is located.
Any sign which advertises businesses, services, goods, persons, places, or
events at a location upon which the sign is located.
CITY OF TEMECULA Sien Ordinance
Open Space
District
Permanent Sign
Pole Sign
Open Space district refers to the Open Space, Public Park and Recreation, and
Conservation zoning designations or any equivalent Specific Plan zoning
designation.
A sign emirely constructed of durable materials and intended to exist for the
duration of the time that the use or the occupant is located on the premises.
A high profile sign supported by one or more poles or similar structures and
is permanently attached directly into or upon the ground.
Pole Sign
Portable Sign
Primary Tenant
Projecting Sign
A sign that is not attached to a building or structure, vehicle or trailer.
Examples of portable signs include, but are not limited to: A-Frames and
T-Frames.
A tenant who occupies more than 50% of the total floor area of a building.
A horizontally extending sign which protrudes from a building or structure
below the parapet wall or cave line.
Projecting Sign
R:MNAASEHS~IGN~)EFII, rFT.OKD 4/10/97 lab
CITY OF TEMECULA Sien Ordinance
Public
Convenience and
Warning Sign
Pylon Sign
An on-premise sign that contains words such as Entrance, Enter, In, Out,
Restrooms, No Parking, or other similar words, and/or contains arrows or
characters indicating traffic directions. Temporary Real Estate signs are not
included in this group of signs.
A high profile sign having a solid base and permanently attached directly into
or upon the ground.
Residential
District
Roof Sign
Pylon Sign
Residential districts include I-rtllside, Very Low, Low, Low Medium, Medium,
and High Density Residential zoning designations or any equivalent Specific
Plan zoning designation.
A sign, together with all its parts and supports, which is erected, constructed,
placed on or above, or extends above the roof or above the top of the parapet
wall of a building.
Prohibited Roof Signs
Permitfed Signs on the Roof
CITY OF TEMECULA Sitm Ordinance
Secondary
Tenant
A tenant, other than the primmy tenant, that shares an office building of three
(3) stores or more with at least one other tenant.
Sign
Any object, device, display or strumre, or part thereof, situated outdoors or
indoors, made of any material, which is used to identify, display, direct or
attract attention to an object, person, institution, organization, business,
product, service, idea, event or location by any means, including words,
letters, figures, designs, symbols, fixtures, colors, illumination or projected
images.
Sign Area
Sign area for all signs, except multi-tenant signs, is computed by including the
entire area within a single, continuous, rectilinear perimeter of not more than
eight straight lines, enclosing the extreme edge of the writing, representation,
emblem, or other display. It does not generally include any background,
supporting framework, or bracing that is incidental to the display itself. In
case of two sided signs, the area shall be computed as including the maximum
single display surface.
For multi tenant signs, the total sign area shall include the area which
surrounds the lettering and the logos for all tenants (i.e., sign area for each
tenant is not computed individually).
SIGNI
x SHOP I
~ SIGN
Sign Area
SINGLE TENANT AND M ULTITENANT
MONUMENTSIGN AREAS
X
Y
.CITY OF TEMECULA Sitm Ordinance
Sign Copy
Sign Structure
Height
Any words, letters, numbers, figures, characters, designs, or other symbolic
representations incorporated into a sign.
The greatest vertical distance measured from the finished grade to the
uppermost part of the sign.
Sign Structure Heights
Sign
Sign ~ s.~...
Height
Sign at Sidewalk Level
Sign
Structure
-.ig.~ Sign
W
Sign on Berming
Sign {
Sign on Slope
Bcrming - 2 fcct maximum
sign
Height
Sign Placement
Area
The area for the building elevation surface which the sign is directly placed on.
Street Frontage
Subdivision Sign
Temporary
Business
Advertising Sign
The boundary of a parcel or a building which fronts a public street.
A sign used to identify residential subdivisions that contain project name, unit
square feet, price, developer's name, address, and telephone number, and
other pertinent information about the project.
A temporary sign which is made of cloth, bunting, plastic, wood, 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:
R:XNAASEHS',SIGNXDFIINTTB.ORD 4/10/97 Idb
CITY OF TEMECULA Sitm Ordinance
Temporary Sign
Tenant
Identification
Sign
Time and
Temperature
Sign
Under Canopy
Sign
Vacancy Sign
(1) Designates, identifies, or indicates the name of the bus'mess, owner, or
occupant of the premises where the sign is located; or,
(2)
Advertises the bus'mess conducted, the services available or rendered, or
goods produced told, or available for sale upon the premisses where the
sign is located.
Temporary signs can include temporary bus'mess advertising signs, real estate
signs, political signs, construction, contractor, financing, and remodeling
signs, employment opportunity signs, future tenant identification signs,
garage sale signs, helium balloons, ambient air balloons, model home signs
and flags. Seasonal window displays that contain traditional holiday
characters and messages and which are intended to create or enhance holiday
character of an area and not reference or display service available or rendered,
or goods produced, sold or available for sale are not considered temporary
signs.
Tenant identification signs may identify businesses or buildings. They may be
either a single tenant identification sign, multi tenant identification sign, or a
building identification sign.
An electronically controlled changeable copy sign which conveys only
information such as time, date, temperature, or atmospheric conditions, where
different alternating copy changes are shown on the same copy area. Each
message remains displayed for a specific minimum period of time with a total
blackout between message changes. The copy shall not travel in any
direction. Time and temperature signs shall be included in the permitted wall
or freestanding sign area and shall not include any advertising.
A sign which is perpendicular to and suspended below the ceiling or roof of
a canopy or permanent awning.
U;; ."
Under Canopy Signs
They are used for motels, hotels, and other similar uses to identify the
availability of rooms.
CITY OF TEMECULA Sign Ordinance
Wall Mounted
Sign
Window Sign
A permanent sign mounted on the wall of a building.
W all M oustted Sign
Window Sign means any 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."
R:XN~ASEHSXSIGN~DEFINT7B,OP~D 4/10/97 klb
ATTACHMENT NO. 2
REDLINED COPY OF THE SIGN ORDINANCE
R:\STAFFRFBI27PA95.PC7 4/11/97 klb ]-0
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING CHAIrFER 17.28 OF THE
DEVELOPMENT CODE, A COMPREHENSIVE
REGULATORY SCItlZ~ME FOR SIGNS AND OTHER
ADVERTISING DEVICES, AND MAKING RELATED
CHANGES TO THE DEVELOPMENT CODE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Chapter 17.28 of the Development Code of the City of Temecula is hereby
adopted to read as follows:
"Chapter 17.28
SIGN STANDARDS
17.28.010 Purpose and Intent
The intent of this Chapter is to implement the Temecula General Plan, and to protect the public
health, safety and welfare through the design, use of quality materials, construction, illumination,
location, number, and maintenance of all signs. The purpose of this Chapter is to set forth the
development standards for the installation and maintenance of commercial and non-commercial
off-premise signs within the City, to ensure that the design and location of outdoor advertisirlg
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 achievinl~ 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.
The purposes of this Chapter, in addition to those expressed in the General Plan, are as follows:
(a) Provide for effective business signage;
(h)
Assure that signs are compatible with the character of their surroundings and the community
as a whole;
(C)
Preserve and improve the appearance of the City as a place to live, work, trade, do business
and visit;
R:XNAASEtfS~SIGI~DRAFf21.ORD 4111197 sa
(d) Protect the City from the blighting influence of excessive signage so as to preserve and
enhance the economic base of the City and safeguard property values within the City;
(e) Assure that signs are appropriate to the type of activity to which they pertain;
(f)
Regulate signs so as to avoid increasing the b~7~rds to motorists and pedestrians caused by
distracting signage.
17.28.020 Applicability
This Chapter shall apply to all areas of the City. The provisions of this Chapter shall apply to the Old
Town Spedtic Plan area only to the extent the specific plan does not specifically address a particular
issue regarding signage.
17.28.030 Sign Permits
A sign permit is required prior to the placing, erecting, tnoving, reconstructing, changing of copy,
altering, or displa)~ng of any sign in the City c~,ept as provided in Section 17.28.050, E,~empt Signs.
A sign pertnit is also required for all signs approved through a sign program.
(a) Sign Permit Required
A sign permit is required prior to the placing. erecting. moving, reconstructing, altering, or displaying
of any sign in the City except as provided in Section 17.28.050. Exempt Signs. A sign permit is also
required for all signs approved through a sign program.
(b) Findings
No sign permit shall be issued unless the Director finds that the application for a sign permit satisfies,
or with conditions can satisfy, all of the following requirements:
(D
The sign is consistent with the General Plan, complies with the requirements of this Chapter
and complies with other applicable laws and regulations;
(2)
The visual elements of the proposed sign, including but not limited to, the size, shape,
illumination, decorative motifs, letters, figures, words (without regard to language), symbols,
spacing, uniformity and proportions of such visual elements comply with generally accepted
standards of quality for professional graphic artists.
(3)
The size, shape, color, illumination and placement of the sign is compatible with the
surrounding area and with other lawful signs so as not to detract from the character or quality
of surrounding properties.
(c) Basis for Denial: Appeal
Any decision of the Director denying a sign permit shall be in writing, and shall identify which of the
findings set forth in subsection 0) of Section 17.28.030 could not be made, and the reasons therefor.
Any decision of the Director regarding a sign permit may be appealed, pursuant to the provisions of
Section 17.03.090 of this Development Code.
17.28.040 Prohibited Signs
All signs not expressly permitted by this Chapter are prohibited, including but not limited to the
following:
(a) Abandoned Signs
As defined in Section 17.28.900 (f), Abandoned Signs.
(b) Amenity Signs
Signs which identify the amenities provided in a multi family complex that are visible from public
streets.
(c) Animated or Moving Signs
Prohibited except for time and temperature displays pursuant to Sections 17.28.050 (m).
(d) Bunting
Prohibited, unless approved by a sign program.
(e) Cabinet or Can Signs
Wall mounted cabinet or can signs are prohibited.
(f) Commercial Off-Premise Signs
Signs or off-site advertising displays not located on the same property as the business or enti$y
advertised by such sign, except as permitted by ~hls Chapter or Chapter 17.30. Except ~ e.Xpressly
permitted by this Chapter, commercial off-premise signs are hereby prohibited and no application
for sign permit, development plan, or other application for a commercial off-premise sign shall
be accepted, acted upon, or approved.
(g) Commercial Signs next to Residential Areas
When commercial and industrial developments are facing residential uses and are located on the same
local street (.60 foot right-of-way or less) as the residential uses, freestanding signs associated with
these developments are prohibited. Wall signs which provide identification for businesses to
pedestrians are permitted by a sign program, provided that the illumination of the signs does not
negatively impact residential uses.
(h) Day-Glow Colors for Window Signs
(i) Decorative Flags
Prohibited, unless approved through a sign program. They shall be limited to focal points within the
project.
(j)
Loud Speakers or Signs Which Emit Sound, Odor, or Visible Matter, Except as
Authorized by this Chapter.
(k) Off-Site Subdivision Signs
Prohibited, except as otherwise permitted in Section 17.28.800, Kiosk Signs or Section 17.28.130,
Subdivision Signs.
(I) Pennants and Streamers
(m) Portable Signs on Private Property
Extc~or and interior oriented service bay signs that are ~isible outside of the building and for repair
shops, tire shops, lube shops. car washes, etc.
(n) Signs Constituting a Traffic Hazard
No person shall install or maintain or cause to be installed or maintained any sign which simulates or
imitates in size, color, lettering or design any traffic sign or signal, or which makes use of words
"stop, danger", or any other words, phrases, symbols or characters in such a manner as to interfere
with, mislead or confuse vehicular or pedestrian traffic.
(o) Signs in Proximity to Utility Lines
No permit shall be issued for any sign, and no sign shall be constructed or maintained, which has less
horizontal or vertical clearance from authorized communication or energized electrical power lines
than that prescribed by laws of the state or duly promulgated rules and regulations.
R:XNAASP~IS\SIGi~DRAFT21.ORD 4111197
(p) Signs Located Above the Eave Line and Roof Signs
Signs located above the cave line are prohibited. Signs integrated into an architectural feature are
not considered to be above the cave fine.
(q) Signs on Doors, Windows or Fire Escapes
No sign structure shall be installed, relocated or maintained so as to prevent free ingress to or egress
from any door, window or fire escape. No sign of any kind shall be attached to a stand pipe or fire
escape, except those signs as required by other adopted Codes or Ordinances.
No person, except a public officer in performance of public duty, shall affix, by any means. any form
of sign on any public proper~y or within the public right-of-way. Signs including pcnnanertt.
temporary, and portable signs in any public fight-of-way (street, median island, parkway, sidewalks,
traffic control sign posts, utility posts. trees. future street. etc.) arc prohibited, except for Political
Signs as provided in Section 17.28.060 (a). In addition, signs are prohibited on any utility pole,
traffic signal. or any other official traffic control device On accordance with Section 21465 of tl~c
California Vehicle Code) or signs which project over or into a public right-of-way.
(r) Signs Within the Public Right-of-Way or Attached to Any Public Property
No person, except a public officer in performance of public duty, shall affix. by any means, any form
of sign on any public property or within the public fight-of way. Signs in any public fight-of-way
(street. median island, parkway. sidewalks, traffic control sign posts. utility posts. trees, future street,
etc.) are prohibited. In addition, signs are prohibited on any utility pole. traffic signal. or any other
official traffic control device (in accordance with Section 21465 of the California Vehicle Code) or
signs which project over or into a public fight-of-way.
(s) Vehicle Signs
Signs located on or affixed to a motor vehicle or trailer (as those terms are defined in the California
Vehicle Code), whether parked on private property or public fight of way, for the purpose of
advertising products or services or directing people to a business or activity. This paragraph does
not apply to standard advertising or identification practice where such signs are painted on or
permanently attached to a business or commercial vehicle.
Window sigms occup)ing more t'han r~vtmty ~x~e percent (10%) of the non-door window area, except
as permitted by Section 17.28.600 (b) (3).
(t) Window signs
Window signs occupying more than twenty five percent (25%) of the non-door window area.
R:XNAASBltS\SIG'NXDRAFT21.0RD 4/11/97 in 5
17.28.050 Exempt Signs
The following signs are exempt ~'om the requirement to obtain a sign permit if they meet these
specified requirements:
(a) Construction, Contractor, Financing, or Remodeling Signs
(1) Maximum sign area shall be:
Six (6) square feet in single family districts.
Sixteen (16) square feet in all other districts.
(2)
(3)
(4)
Maximum sign structure height shall be 6 feet.
Maximum number of signs shall not exceed one sign per street frontage for each parcel or
shopping center.
Maximum number of freestanding signs shall not exceed one construction, contractor, or
remodeling sign per street frontage for each parcel or shopping center. In addition, one
financing sign per street frontage for each parcel or shopping center is permitted.
They are permitted for sites with an active building permit and shall be removed 5 days after
the construction completion.
(b) Employment Opportunity Signs
(D
(2)
(3)
(4)
(5)
Freestanding signs shall only be allowed in Office and Industrial Districts for single tenant
buildings that occupy an entire parcel.
Window mounted signs shall only be allowed in Commercial Districts.
Maximum sign area shall be 4 square feet.
Maximum sign structure height shall be 4 feet, iffreestanding.
Maximum number of signs shall not exceed one per business per major street frontage.
(c) Flags
(D
(2)
A flag pole shall not exceed the zoning district height limits set forth in the Development
Code or 50 feet if no height limit is provided by the Development Code.
A single official flag of the United States of America and two (2) flags of the following shall
be permitted per parcel or center:
The State of California, or another State of the United States
A County
A Municipality
Official Flags of Other Countries
Flags of Nationally or Internationally Recognized Organizations
A Corporate Flag.
(3) The maximum area for a corporate flag may not exceed 50 square feet
(d) Future Tenant Identification Signs
(1)
(2)
(3)
(4)
(s)
Maximum sign area for all freestanding pads and shopping centers with 5 acres or more in
area shall be 32 square feet. Shopping centers with more than 10 acres in area shall be
allowed a 100 square feet sign for the purpose of identifying multiple tenants.
Maximum sign structure height shall be 6 feet for 32 square foot signs and 12 feet for 100
square foot signs.
Maximum number of signs shall not exceed one per street f~ontage for each center or parcel
at any given time.
They shall be removed 5 days at~er the tenant occupies the building.
They shall be permitted for sites with an active building permit.
(e) Garage Sale Signs
(D
(2)
(3)
(4)
(s)
(6)
One sign per garage sale located on the same property that the garage sale is held shall be
permitted.
Maximum sign area shall be 4 square feet.
Maximum sign structure height shall be 6 feet, iffreestanding.
The sign may not be erected more than 5 days prior to the sale.
The signs shall be removed before the end of the day of the sale.
The sign shall not be illuminated.
(f) Government Signs
Any official government sign, public notice or warning required by an applicable federal, state, or
local law, regulation, or ordinance.
(g) Helium Balloons
(1) No balloon shall be larger than three feet in diameter.
(2) They shall not be higher than 10 feet from the ground.
(3) They shall not be displayed for more than three consecutive days for each calendar month.
(4) All balloons shall be anchored, not blocking vehicular and pedestrian movement.
(h) Holiday Decorations within Commercial, Office and Industrial Districts
Seasonal window displays that contain holiday characters and messages and which are intended to
create or enhance holiday character of an area commonly associated with national, state, local, or
religious holidays (and which do not reference or display services available or rendered, or goods
produced, sold or available for sale), may be displayed for a period not exceeding 45 consecutive
calendar days and a maximum of 60 cumulative days per calendar year.
R:~IAASEHS\SIGN~DRAPT21.ORD 4/11/97 la 7
(i)
O)
(2)
(3)
(D
(2)
(k)
(1)
(2)
(I)
(D
(2)
(3)
(4)
(5)
(m)
(D
(2)
(n)
(1)
(2)
(3)
(4)
Incidental Signs, i.e., Name of Business, Telephone Numbers, Open, Close, Hours of
Operation, Credit Cards, etc.
Maximum sign area shall be a total of 4 square feet.
They shall be located adjacent to major customer entrances.
They shall be located on doors or near doors.
Interior Signs
They shall be entirely located inside the building.
They shall not be closer than 18 inches to a window or door.
Memorial Signs on Tablets or Plaques
Maximum sign area shall be 4 square feet.
Maximum sign structure height shall be 4 feet, if fleestanding.
Model Home and Multiple Family Rental Complex Flags
Flag poles shall not exceed the zoning district height limits set forth in the Development Code
or 50 feet if no height limit is provided by the Development Code.
Maximum number shall not exceed 2 per each model home or 4 per multiple family rental
complex.
Shall be located on the model home lots, the parking lot. or the sales office or the multiple
family rental complex.
They may only identify the builder and the subdivision name or the multiple family rental
complex.
Multiple family rental complex flags shall only be displayed in the third quarter of the year.
Model Home Signs
All such signs shall only be located on the model home parcels, the parking lot or the sales
office and are intended to provide information on each model.
Model Home signs do not include On-Site Subdivision Signs, refer to Section 17.28.130.
Name Plates and Street Address Signs
These signs are intended for single family residences and shall be located entirely on the
premises.
The sign shall contain no advertising message.
Maximum sign area shall be 3 square feet.
Maximum sign structure height shall be 3 feet, iffleestanding.
R:XNAASEHS%SIGN~DRAFF21.ORD 4/11/97 m 8
(o) Non-Commercial Off-Premises Signs
(1)
(2)
(3)
(4)
(s)
Maximum area of the sign board shall not exceed twelve (12) square feet.
Maximum number of si~s per parcel shall be one. However, there shall be no limit on the
number of signs during the ninety (90) days prior to a state, federal, or local election and
fourteen (14) days after the election. A sign erected or placed for a candidate who prevails
in a primary election may be maintained until 10 days after the final election.
The maximum height ofa ~round-mounted sign shall not exceed six (6) feet measured from
grade.
The signs shall not be illuminated.
The signs shall not be erected, placed, or maintained:
Upon any private property without the consent of the owner, lessee, or person on
lawful possession of such property.
On any publicly owned building, structure, tree or shrub or upon any portion of
a public street or highway right of way.
To obscure the view of any fire hydrant, traffic sign, traffic signal, street sign, or
public information sign.
To block lines of sight to areas of vehicular or pedestrian traffic.
(p) On Wall Menu Signs for Restaurants
(D
(2)
(3)
(4)
(s)
Maximum sign area shall be 4 square feet.
They shall be attached to the building or associated entry structure.
Maximum of signs shall be 1 per restaurant entrance.
They shall not be intended to be used for advertisement and will only serve as information to
customers who have found the restaurant and are standing by the front door.
They shall be located at or near the major customer entrance.
(q) Public Convenience and Warning Signs
(1) Maximum sign area shall not exceed 3 square feet.
(2) Maximum sign structure height shall not exceed 3 feet, iffreestanding.
(3) Maximum number shall be as necessary.
(4) They may identify restrooms, public telephones, walkways, no parking, no trespassing and
similar signs.
(5) They shall be located on private property.
(6) They shall contain no advertising messages.
(r) Time and Temperature Signs
(D
(2)
(3)
(4)
(5)
Maximum sign area shall be 16 square feet.
Maximum sign structure height shall be 6 feet, iffreestanding.
Maximum number of signs shall not exceed one per building or parcel.
No other advertisement shall be permitted.
Wall mounted signs are counted as part of the permitted sign area of the elevation they are
RANAASERS\S1GI~DRAFr21.ORD 4/11/97 m 9
placed on. Freestanding signs shall be an integral part of a permitted ~'eestanding sign and
shall be counted as part of the permitted sign area of the f~eestanding sign.
(s) Vacancy/No Vacancy Signs
(1) They are used for motels, hotels, and other s'mfilar uses.
(2) Maximum sign area shall be 4 square feet.
(3) Maximum sign structure height shah be 4 feet, iffi'eestanding.
(4) Maximum number of signs shall not exceed one per street frontage.
(t) Window Signs
Window sig~s occupying equal or less than twenty five percent (25%) of the non-door window area.
(u) Works of Art That Do Not Convey a Commercial Message
They are exempt from the provisions of this Chapter; however, they may be subject to Section
17.05.020, Administrative Approval of Development Plan.
17.28.060
Real Estate Signs
l>olitical and real estate signs that comply with the provisions of this Section m'e exempt l}om the
requirement to obtain a sign permit.
Real estate signs that comply with the provisions of this Section are exempt from the requirement to
obtain a sign permit.
Sign area shall not exceed sixteen (16) square feet.
Sign structure height shall not exceed 6 feet measured from
Illumination is not permitted.
grade, iffreestanding.
Upon any private property withoul the consent of the owner. lessee. or person on
lawful possession of such property.
On any publicly owned building, structure, tree or shrub or upon any portion of a
public street or highway fight of way.
More than 90 days prior to the scheduled election to which it pertains.
All signs shall be removed within 14 days alter the scheduled election to which they
pertain, except that a sign erected or placed for a candidate who prevails in a primary
election may be maintained until 10 days after the final election.
To obscure the view of any fire hydrant, trailfie sign, traffic signal, street sign,. or
(a)
(1)
(3)
(4)
(7)
(9)
(10)
On-Site Real Estate Signs (For Sale, For Rent, For Lease, Sold, etc.) in Commercial,
Office, and Industrial Districts.
They shall not be permanent in nature and may only be permitted at such time as property or
structure is available for sale, lease, or rent.
Sign area shall not exceed:
Thirty two (32) square feet for freestanding signs.
3 square feet for window signs.
The sign structure height for fleestanding signs shall not exceed 8 feet measured from grade.
Maximum number permitted is one sign per street frontage for each parcel or center. Plus,
one window sign is permitted per available suite. In addition, one freeway oriented sign is
permitted per parcel or center with freeway frontage.
They shall only be posted on private property.
They shall not be closer than 5 feet to property line or 17 feet from the face of the curb.
They shall be a minimum of 150 linear feet from all other freestanding signs including real
estate signs.
They shall not be located within 100 feet of an inlersection or an access driveway except that
nothing in this Chapter shall preclude a parcel or center from having at least one freestanding
real estate sign.
They shall not be located within 75 feet of an intersection or an access driveway except that
nothing in this Chapter shall preclude a parcel or center from having at least one freestanding
real estate sign.
The angle of v-shaped signs shall not to exceed 90 degrees. The back side of a v-shaped sign
shall not be visible from the public right of way.
Appropriate materials are wood, metal, and stucco. Other materials are subject to Director
approval.
Illumination shall not be permitted.
They shall be maintained in a clean, orderly fashion at all times and shall be removed upon the
close of escrow or when the rental or lease has been accomplished, whichc~'er occurs first.
They shall be maintained in a clean, orderly fashion at all times snd shall be removed 10
days after the close of escrow or after a rental agreement or lease has been entered into,
whichever occurs first.
(b)
(1)
(2)
On-Site Real Estate Signs (For Sale, For Rent, For Lease, Sold, Open House, etc.) in
all Residential, Public Institutional and Open Space Districts.
They shall not be permanent in nature and may only be permitted at such time as property or
structure is available for sale, lease, or rent.
Sign area shall not exceed:
6 square feet in single family districts and multi family districts for 4 units or less.
R:XaNIA..~SF2-1S',SIGN~I)RA. Fr21.0RD 4/11/97
b. 32 square feet for complexes in multi family districts.
(3) Sign structure height shall not exceed:
6 feet in single family districts.
8 feet in multi family residential districts.
(4)
(5)
(6)
(7)
Property with existing residential units for sale, resale, lease or rein shall be permitted one
sign per street frontage.
They shall only be posted on the subject private property.
Open house signs shall only be displayed between the hours of S:00 am and dusk.
The angle of v_shaped signs shall not to exceed 90 degrees. The back side of a v-shaped sign
shall not be visible f~om the public right of way.
R:~NAASFeltS',SlGN'XDRAFT21.ORD 4111197 m 12
GENERAL REQUIREMENTS
17.28.070 General Requirements for Permanent Signs
The following standards shall be followed by permanent signs to insure the quality of signage in the
City:
(a) Standards for Permanent Freestanding Signs
(1) Location
g.
All freestanding sigmas shall be setback at least 5 feet from the right of way or property
line or 17 feet from the face of the curb.
All freestanding signs shall be located outside the site visibility area as defined by
Section 17.06.050 (1) of the Development Code.
All freestanding signs shall be at least 3 feet from buildings.
The face ofarly freestanding sign shall not be oriented parallel to the street, except
when the sign is located at the end of cul-de-sacs, knuckles, or other appropriate
locations as approved by the Director.
The minimum distance between freestanding signs located on the same side of the
street and under 6 in height shall not be less than 150 feet, except center identification
signs located on the same driveway.
The minimum distance between freestanding signs located on the same side of the
street and over 6 feet shall not be less than 250 feet.
The Director shall have the authority to reduce the distance requirements in
subparagraphs e. and f. by 20% in case of unusual circumstances such as presence of
driveways, landscaping. utility poles, etc.
(2) Number
Maximum of four signs per business shah be allowed including all wall mounted, freestanding signs
and any fleeway signs (if any permitted).
(3) Height
Sign structure height is measured from the extreme top portion of a freestanding sign
to the sidewalk, if there is no sidewalk the elevation of the finished surface of the road
shall be used.
The height of sign structures located on slopes shall be measured from the highest
point of the sign to the ground surface adjacent to the highest portion of the base of
the sign structure.
Berming of up to 2 feet may be allowed in addition to the maximum height allowed
for the sign structure.
R:~NMSEHS\SlGNXDRAFF21.0RD 4/11/97 sa 13
Berming height shall be measured fxom the lowest portion of the base of the sign
structure to the sidewalk elevation.
To determine the maximum permissible height for ~'eeway signs a flag test shall be
performed. The flag test determines this maximum permissible height by ensuring the
visibility of this sign from 3/10 mile before approaching the off-ramps on both
directions of the fleeway ~'om the right lane.
(4) Design
For tenant and building identification signs, the use of can-type box signs with plastic
panels or background are prohibited. Sign panels or background shall be of material
commonly used in the buildings or the center. With the exception of the changeable
portions of movie signs for theaters and changtable portions of price signs for gas
stations which can use plastic backgrounds.
Except for the changeable portions of movie signs for theaters and changeable
portions of price signs for gas stations. which may use plastic backgrounds. the use
of can-type box signs with plastic panels or background are prohibited for tenant and
building identification signs. Sign panels or background shall be of material
commonly used in the buildings or the center. Logo boxes are not subject to this
requirement.
Center identification signs shall use a background material commonly used in the
center buildings. Can-type box signs shall not be permitted. Flood lighting is
strongly encouraged when consistent with the Palomar Light Pollution Ordinance;
however, internal illumination of the individual letters are only permitted if reverse
channel lettering is used.
Multi tenant signs shall be uniform in background color for all tenants.
All freestanding signs shall be limited in size to the width of the architectural features
of the sign.
All freestanding signs shall use architectural elements at the top, base, and sides of the
signs.
If a tenant or building identi~catk>n sign is proposed within 75 feet of a major
intersection, it shall incorporate, or be located as part of a community t~ature (i.e.
water features, public art, unique landscape designs, public spaces}.
Ifa tenant. building. or center identification sign is proposed within 75 feet of a mojor
intersection, it shall incorporate, or be located as part of a community feature (i.e.
water features, public art, unique landscape designs, public spaces).
Sign colors shall be selected that provide a significant contrast between the
background colors and the letters.
All freestanding signs may be permitted a maximum of two sides except that center
identification signs shall be one sided.
Center identification signs shall not advertise tenants; however, if the center is named
after a major tenant, it is permissible to mention that tenant's name as part of the
center name.
Center identification signs shall be incorporated into the entry statement
architecture and landscaping area.
(5) Landscaping
All freestanding tenant identification signs and building identification signs shall be
required to be located within a planted landscaped area which extends on all four sides
of the sign. The landscaping area shall be provided according to the following:
Single tenant and building identification signs shall include a 100 square foot
landscaped area.
Multi tenant identification signs shall include a 200 square foot landscaped
area.
Freeway oriented signs and off-site center identification signs shall include a
300 square foot landscaped area.
The landscaping for pylon signs shall include shrubs and small trees to hide the
lower portion of the pylon sign if visible from public view.
The landsclpirtg for freestandi~ tenant identification signs, building identification
signs, and multi tenant identification signs shall include flowering perennials,
annual plants, or other plants which provide additional color, in similar proportions
within the required landscaped area. They shall be planted and replanted
seasonally, as necessary by the Director, to maintain year round color.
(6) Addresses
All freestanding signs, except those oriented toward the freeway, shall include the street
address(es) or range(s) for the businesses or centers assigned by the Building Official. The address
shall not be counted in the total permitted sign area.
(7) Illumination
a. Illumination for tenant or building identification signs may be internal or external.
When internally illuminated signs are used, only the lettering and logos shall
appear to be lighted. Conventional channel lettering or reverse channel
lettering are acceptable.
When externally illuminated signs are used, only flood lighting is acceptable
if consistent with the Palomar Light Pollution Ordinance. External
illumination shall not be used for multi tenant signs.
b. Illumination for center identification signs may be internal or external:
R:MSIAASEHS\SIOI~DRAFIll.ORD 4/11197 =n 15
When internally illuminated, only reverse channel lettering is acceptable. For
freeway oriented center identification signs conventional channel lettering is
acceptable.
When externally illuminated signs are used, only flood lighting is acceptable
if consistent with the Palomar Light Pollution Ordinance.
(g) Width
Table 17.28 Co) should be used as a guideline to calculate the width of a sign structure. The width of
sign structure can be calculated by multiplying the proposed sign structure height by the sign width
coefficient as provided in the table. However, in no case shall the width of a sign structure exceed
the width calculated by the sign width coefficient.
Table 17.28 (b)
Sign Width Coefficient
Sign Structure Height in Feet Sign Width Coefficient
0-6 2.0
6.1-12 1.0
12.1-15 0.8
15.1-25 0.6
25.1-40 0.4
40.1 + 0.35
For instance, if sign structure height is 4 feet, the applicable Sign Width Coefficient from the above
table is 2.0. Therefore, the width of the sign structure shall not exceed 8 feet (4 X 2.0).
(b)
Standards for Permanent Wall Mounted Signs for Buildings with Two (2) Stories or
Less
(1) Location
(2)
Each business shall only install a wall sign on the outer walls of their suite.
Signs shall not extend above the cave hne.
Number
For multi tenant buildings, only major tenant within the suite is permitted to have a
wall sign. Sub-leasing tenants are not permitted to have wall signs.
Maximum of four signs per business shall be allowed including all wall mounted
business identification signs, freestanding signs, and freeway signs (if any permitted).
One wall sign per building face is permitted for buildings occupied by a single tenant
or each suite tbr multi tenant buildings, unless approved through a Sign Program.
R:~IAASFJ-IS\S1GI,~DRAFT21.0RD 4/11/97 m 16
(3) Area
For businesses with more than one permitted wall mounted sign, the second sign shall
be 80%, third 70°/0, and fourth 60°/0 of the maximum allowable for the corresponding
frontages. This standard shall not apply to a permitted wall mounted freeway oriented
signs.
Wall signs shall be in scale with the building and not cover more than 75% of the
surface of the building face that the sign is located on excluding glass and door areas.
Wall signs shall be in scale with the building not extend more than 75% of the suite
length for multi tenant buildings or building frontage for single tenant buildings.
(4) Letter Height
Minimum letter height shall be 8 inches. For wall signs in two lines the second line may have a
minimum letter height of 6 inches.
(5) Design
A diversity of letter types and colors shall be encouraged for wall signs within centers
to create interest.
The use of graphics consistent with the nature of the product to be advertised shall
be encouraged, i.e., hammer symbol for a hardware store, mortar and pestle for a drug
store.
Sign colors shall be selected that provide a significant contrast between the
background colors and the letters.
(6) Illumination
a. Internal illumination for wall signs is acceptable in the following forms:
Internally illuminated channel letters;
Intemally illuminated reverse channel letters; or,
Exposed neon if used in channel letters with transparent face or no face with
the inside of channel lettering colored the same color as the neon;
Other exposed neon applications.
b. External illumination is not permitted unless approved through a sign program.
17.28.080 Sign Programs
(a) Purpose and Intent
A sign program is required for certain types of developments to ensure that all proposed signs are in
harmony with other on-site signs, buildings and surrounding developments. Sign programs are
required to comply with all the regulations of this Chapter. Flexibility is allowed with regard to sign
area, number, location, and/or height; and to the extent it does not comply with these regulations, the
proposed sign program enhances the development and more fully accomplishes the objectives of this
Chapter.
(b) Sign Program Required
In accordance with Section 17.28.030, Sign Permits, all signs shall require a sign permit (except for
signs exempt f~om obtaining permits in accordance with Section 17.28.050, Exempt Signs). In new
developments where any of the following circumstances exist, a sign program in accordance with this
section shall also be concurrently filed and approved with the Development Plan:
(1) Whenever five (5) or more temporary and/or permanent signs (not including signs exempt
~'om permits) are proposed for a single tenant development occupying an entire parcel;
(2) Whenever two (2) or more businesses are proposed in a multi tenant development;
Whenever wall signs on stmclures or buildings over two (2') stories in height are proposed
in a development; or
(3) Whenever wall signs are proposed on buildings with three (3) stories or more, or with
heights are greater than 32 feet; or,
(4) Whenever the development contains a historic structure.
(c) Findings
The following findings shall be made by the approval body prior to approving a sign program:
(1) The proposed signs enhance the development, are in harmony with, and visually related to:
All of the signs included in the sign program. This shall be accomplished by
incorporating several common design elements such as materials, letter style, colors,
illumination, sign type, or sign shape;
The buildings and/or the developments they identify by utilizing materials, colors, or
design motifs included in the building being identified; and,
Surrounding development by not adversely affecting surrounding land uses or
obscuring adjacent approved signs;
(2)
The sign program accommodates future revisions which may be required due to changes in
building tenants; and,
(3)
The proposed sign program satisfies the intent of this chapter, in that, the proposed sign
program will comply with all the regulations of this chapter, except flexibility is allowed with
regard to sign area, number, location, and/or height; and to the extent it does not comply with
these regulations, the proposed sign program enhances the development and more fully
accomplishes the objectives of this Chapter.
R:XI~AASEtt~\SIOlqXDRAFI'21.ORD 4111197
RESIDENTIAL SIGNS
17.28.100 Signs in Residential Districts
All uses within Residential Districts must comply with the standards contained in Section 17.28.070,
General Requirements and Sections 17.28.100 titrough 17.28.199.
17.28.110
Signs for Institutional Uses and Other Permitted Uses in Residential
Districts
(a)
Wall mounted business or institution Identification Signs for Institutional Uses and
Other Permitted Uses in Residential Districts
(1)
(2)
(3)
Maximum number permitted shall be one per frontage.
Maximum permitted sign area is ¼ square feet for each lineal feet of building frontage;
however, it shall not exceed 50 square feet.
Illumination may be permitted if it is determined by the Director that it does not adversely
impact the surrounding residential uses.
(b)
Freestanding Business or Institution Identification Signs for Institutional Uses and
Other Permitted Uses in Residential Districts
(1)
(2)
(3)
(4)
Maximum number permitted shall be one per street frontage.
Maximum permitted sign area shall be 20 square feet.
Maximum sign structure height shall be 4 feet.
Illumination may be permitted if it does not adversely impact the surrounding residential uses.
17.28.120
Neighborhood and Community Identification Signs for Subdivisions and
Multi Family Complexes
(a) Maximum number permitted shall be two per each vehicular access or entrance.
(b) Maximum sign area shall be:
(1)
(2)
20 square feet for neighborhood identification signs
30 square feet for community identification signs
(c) Maximum sign structure height shall be:
(1)
(2)
8 feet for neighborhood identification signs.
10 feet community identification signs.
(d) They shall be built into the landscaping or project walls.
(e)
They shall be one sided, except when installed in a median or other applications where
two sided signs are more appropriate than one sided signs.
R:XNAASEHS\SIGI~DRAFr21.ORD 4/11/97 an
(0
(g)
(h)
Sign area is measured by the area surrounding the letters.
Sign background shah be of materials used in the subdivision or project.
Illumination shah only be external flood light when consistent with the Palomar Light
Pollution Ordinance, or internal reverse channel letters.
17.28.150
(a)
(b)
(c)
(d)
(e)
(0
Subdivision Signs
Maximum number of signs shall be:
One per subdivision if 5 acres or less.
Two per subdivision if more than 5 acres.
Shall not exceed one sign per street frontage.
Maximum sign area shall not exceed 100 square feet.
Maximum sign structure height shall not exceed 12 feet.
They shall be removed immediately after the final sale.
They shall have a 10 foot setback.
They shah be located within the boundaries of the subdivision. If several builders are
building on a tract, each builder is entitled to its own subdivision sign(s) located within
the property they own.
R:~NAASEHS\SIGN~DRAFT21.ORD 4111197
COMMERCIAL SIGNS
17.28.200 Signs in Commercial Districts
All uses within Commercial Districts must comply with the sign standards for Commercial Districts
contained in Sections 17.28.200 through 17.28.299 and with the standards contained in Section
17.28.070, General Requirements. In addition, offace buildings in commercial districts must comply
with the standards for Offace District contained in Section 17.28.300 through 17.28.399.
17.28.210 Freeway Oriented Signs in Commercial Districts
Freeway oriented sig~s are only pertained as freestanding center identification signs and wall mounted
business identification signs. Centers with freeway frontage are permitted one freestanding sign to
identify their centers. Travel oriented businesses such as gas stations, restaurant.~fast food services,
hotfis/motels, and major toufi~l/retail attractions which occupy an entire parcel with freeway frontage
are permitted one wall motmted sign to identify their business.
Freeway oriented signs are only permitted for parcels or shopping centers with fleeway frontage.
They are permitted as freestanding or wall mounted signs. Freestanding signs may identify centers,
multiple tenants, and/or single tenants. Wall mounted signs may identi& single tenants occupying an
entire building and located on a parcel. Wall mounted signs shall not be permitted for multi tenant
buildings.
(a) Requirements for Freestanding Freeway Oriented Signs in Commercial Districts
Any center ~th an area 7 acres or less shall not be permitted a freestanding fi'eev~ay oriented
identification sign.
(2) Maximum number ofsigns shall be one center identification sign per center.
Maximum sign arca slmU be 150 square feet.
Maximum sign structure h~ght shall b~ 25 feet, except that higher ~gns may be justified
through the use of a flag test However, these signs shall never exceed 40 feet in height.
A freestanding freeway oriented sign ~all only be allowed as a pylon sign. Pole signs shall
(1) Number of signs ~rmi.~:
One single tenant identification sign per parcel not located in a shopping center that
is occupied entirely by one business.
One multi tenant identification sign per shopping center if the shopping center is
larger than 7 acres.
Two multi tenant identification signs per shopping center if the center has greater
than 1330 feet of frontage.
(2) Maximum sign area shall be:
a. 50 square feet for single tenant identification signs.
R:'dqAASEbIS\SIGN'XDRAFT21.ORD 4111197
100 s0J,are feet for multi tenant identification signs. The permitted sign area may
include the center's name.
(3)
Maximum sign smacture height shall be 25 feet, except that higher signs may be jusli~ed
throUgh the use of a fll test. However, these signs shall never exceed 45 feet in height.
For flag test procedures refer to Section 17.28.070 (a) (,3) e.
(4)
A freestandiqg freeway oriented sign shall only be allowed as a pylon sign. Pole signs
shall not be allowed.
(5) Multi tenant signs shall identify a maximum of three tenants.
(6)
Businesses with fleestanding fleeway signs shall only be permitted a maximum of three signs
which may include a fleestanding fleeway s~rt a wall mounted sign which shall not be visible
from the freeway, and a monument sign identifying the business on a street oriented single or
multi tenant sign.
(b)
Requirements for Wall Mounted Freeway Oriented Business Identification Signs in
Commercial Districts
,Mttximum of one wall mounted freeway oriented sign shall be perufitted for travel oriented
business such as gas stations, restaurants/t~ast food services, hotels;motels, and major
touris'dretail attractions which occupy an entire parcel with freeway frontage.
Maximum si~ area shall not exceed ! .5 square feet per lineal feet ofbuilding frontage where
the sign is proposed and in no case shall the sign area exceed 150 square feet lhe frontage
for the designated side shah be measured at the base of the building as opposed to the width
of an architectural feature which the sign may be placed on.
Individual suites for multi tenant buildings shall not be permitted to have fYeeway orienaed
wall mounted signs.
These signs are encouraged on architectural elements to allow visibility for the signs that are
blocked by other buildings.
Same as Section 17.28.240.
17.28.220
Requirements for Freestanding Shopping Center Identification Signs in
Commercial Districts
Freestanding shopping center identification signs are intended to identity' shopping centers. DillSrent
standards have been included for shopping centers with 7 acres or less, more than 7 acres, and larger
Freestanding shopping center identification signs are intended to identify shopping centers. Different
standards have been included for shopping centers with 7 acres or less and more than 7 acres.
(a)
Two signs per major entrance shall be permitted and one additional sign shall be
permitted at each major intersection.
R:\NAASF/fS\SIONXDRAFT21.ORD 4/11/~7 m 22
(b) Maximum sign area shall be:
(2)
20 square feet per sign face for centers 7 acres or less
30 square feet per sign face for centers more than 7 acres
(c) Maximum sign structure height shall be:
(D
(2)
4 feet for centers 7 acres or less.
6 feet for centers more than 7 acres.
Requirements for Freestanding Off-Site Shopping Center Identification Signs for Shopping
Centers Larger Than 60 Acres within the City of Tetneeula in Commercial Districts.
In addition to the on-site shopping center identification signs permitted in Section 17.28.220
(a), shopping centers larger than 60 acres are per,'nitted one off-site shopping center
identification sign along the frceway.
A maxl:num of one sign per center shall be permitted if the shoppi,lg center is larger than 60
acres in size and is within 2660 ti:et from the freeway' interchange.
Maximum sign area slmll be 500 square
Mitximum sign su'uctum height shall be 40 t~:et, except that a higher sign may' be justified by
a flag test. However, no sign may exceed 73 feet in height.
TIle si,~m s'hall be designed in such a way to break up tile sign area to reduce the mass ofthe
The overall design of the sign including the base shall be designed to provide appropriate
17.28.230 Freestanding Tenant Identification in Commercial Districts
Tenant Identification signs are intended to identify tenants whether or not located in shopping centers.
These signs may be single tenant or multi tenant ide,ui~cation signs Shopping centers with several
street frontages may add all f~ontages to calculate the total number of permitted freestanding tenant
identification signs.
(a) Requirements for Multi Tenant Signs in Commercial Districts
Freestanding multiple tenant identification signs are intended to identify tenants in centers or multi
tenant buildings.
Maximum sign area shall be 90 square feet.
Maximum sign structure height shall be 12 feet.
A ntaximum ofthree (3) tenants shall be allowed for each multi tenant sign.
['Zach center shall be allowed at least oqe multi tenant sign.
R:XNAASE~IS\SIGN~DRAPT21.ORD 4/11/97 m 23
(5)
(6)
(7)
(s)
(9)
Maximum number offreestanding tenant identification signs (multi or single tenant sign) is
one per 300 lineal feet of total street frontage for the center. At lease half of the tenant
identification signs shall single tenant identification signs.
Each center shall be allowed at least one multi tenant sign. However, if the center has more
than one street frontage, one multi tenant sign per street frontage shall be allowed.
Maximum sign structure height shall be 12 feet.
Maximum sign area shall be 100 square feet.
The center name may be added to multi tenant signs but the total sign area including the
center name shall not exceed 100 square feet.
The maximum number of signs per panel shall be one.
The minimum panel width shall be 10 inches.
The minimum letter size shall be 5 inches.
(b)
Requirements for Freestanding Building or Single Tenant Identification Signs in
Commercial Districts
Freestanding building or business identification signs are intended to identify single tenants in a center,
single tenants not in a center, or buildings in commercial districts.
O)
(2)
(3)
(4)
(5)
Maximum number of freestanding tenant identification signs (multi or single tenant sign) is
one per 300 lineal feet of total street frontage for the center. At lease half of the tenant
identification signs shah single tenant identification signs.
The maximum number of signs for single tenants not located in a center shall be one sign per
tenant.
Each center shall be allowed at least one multi tenant sign. However, if the center has more
than one street frontage, one multi tenant sign per street frontage shall be allowed.
Theater and gas station signs are counted as single tenant signs in the formula calculations for
determining the maximum number of permitted tenant signs for a center. These signs shall
meet all the requirements for single tenant signs except for size and height requirements as
specified in Subsection (3) a. and b. below.
The maximum area for all single tenant identification signs or building identification signs shall
be 25 square feet, except that:
Maximum area for theater signs shall be 150 square feet which may include the area
for identification of all the shows and the theater name.
Maximum area for service stations shall be 50 square feet which may include the area
for all fuel types, prices, and the service station name.
(6) Maximum sign structure height for all single tenant signs and gas station signs shall be 6 feet,
except theaters which shall be 15 feet.
(7) No more than one tenant shall be identified.
(8) If the frontage of a center is less than 300 feet, no single tenant identification is permitted.
R:L-'qAASEHS\SlGNXDRAPT21.ORD 4111197 m 24
Automotive service stations shall be allowed one price sign per frontage to include all
fuel t:~es and/or prices.
Automotive service stadon freestanding signs may include signs for their sublessee
through approval of a sign program; however, the permitted total sign area sh~l not
(9)
Automotive service stations shall be allowed one price sign per frontage to include all fuel
types and/or prices.
17.28,240
Requirements for Wall Mounted Business Identification Signs for Buildings
with 2 stories or less in Commercial Districts
Wall mounted business identification signs are intended to provide identification for the individual
businesses located in buildings with 2 stories or less in Commercial Districts.
(b)
(c)
Maximum number of signs shall be 1 per frontage for each tenant.
Maximum area of signs shall be I square feet of sign area per lineal loot of building t?ontage.
However, shall not exceed 100 square feet.
Maximum area of signs shall be 1 square foot of sign area per lineal foot of building frontage.
Building identification signs are only permitted if no tenant identification signs are permitted
on the building.
17.28.250
Wall Mounted Signs for Buildings with 3 Stories or More in Commercial
Districts
(a)
Requirements for Wall Mounted Building Identification Signs for Buildings with 3
Stories or More in Commercial Districts
Wall mounted building identification signs are intended to provide identification for buildings with
3 Stories or more. This type ofsignage is usually used by the primary tenant in an office building.
(1)
(2)
Maximum number of signs shall be two per building.
Maximum letter height and sign area shall be determined by Section 17.28.250 (c), Size
Requirements.
(3) General Requirements
a,
The two permitted signs shall be placed on different building elevations.
Both signs shall have the same copy.
Shall consist of a single line of copy.
The elevation plans for the Development Plan shall show the locations and dimensions
of the signs.
(4) Design Requirements
R:XNAASF.,qS\SIGINXDRAFT21.ORD 4/11/97
They shall complement and add to the aesthetics of the materials of the building.
They may be illuminated. However, in order to reduce the visual impact of
illuminated signs on surrounding residential districts, lighting of signs to produce a
silhouette effect is encouraged. Signs internally illuminated are preferred over
exterior illumination.
The sign copy shall be surrounded with sufficient space to be visually pleasing.
To avoid the appearance of crowding a sign into a sign placement area, the sign copy
shall:
Occupy no more than sixty (60) percent of the height of the sign placement
area; and,
No more than eighty (80) percent of the width of the sign placement area;
and,
No pan of the sign can be located within the extreme left or right ten (lO)
percent of the width of the sign placement area.
(5) Location Requirements
In conventional high-rise buildings, signs shall be placed above the vision glass
windows of the highest floor of the building and below the eave line.
In conventional designs with articulated roofs, signs shall be integrated visually with
the architectural features such as windows, projections, and articulating elements.
(b)
Requirements for Wall Mounted Secondary Tenant Business Identification Signs for
Buildings with 3 Stories or More in Commercial Districts
Wall mounted secondary tenant business identification signs are intended to provide identification for
the secondary tenants in office buildings with 3 stories or more.
(1)
(2)
(3)
(4)
(5)
Maximum number of signs shall be one per building elevation.
Maximum letter height and sign area shall be determined by Section 17.28.250 (c).
They shall be permitted below the second floor, except that if the building has a two-story
lobby, the signs are permitted only between the second and third floors above such lobby.
Maximum of four (4) secondary tenant signs shall be permitted per building.
Maximum of one secondary tenant per elevation is permitted except that buildings between
3 and 5 stories two such signs shall be permitted per elevation, provided that:
Shall not be located on any elevation in vertical (stacked) alignment.
Shall be separated by at least 40 percent of width of the subject elevation.
(6)
(7)
They shall be located at or adjacent to the entrance of the building or in a position to be seen
by pedestrians and by those in nearby parking areas and on-site circulation drives.
If retail shops with exterior doors are located on the Found level of an office building, the
sign regulations for wall mounted business identification signs in commercial districts (Section
17.28.240) shall apply.
R:XNAASBItS\SlGI~DRAFT21.0RD 4111197 m 26
(c) Size Requirements
The following sections provide the letter height, symbol height, and sign area for identification of
buildings and secondary tenants for office buildings with 3 stories or more.
(1) The Recommended sign area, maximum letter and symbol height for building Identification
signs for buildings 3 stories or higher is summarized in Table 17.28 (e).
Table 17.28 (e)
Sign Area, Maximum Letter and Symbol Height for Building Identification Signs for
Buildings 3 Stories or Higher
Number of Maximum Letter Maximum Symbol Square Footage Area of
Building Stories Height Height Sign Per Elevation
3 2' 10" 4' 6" 175
4 3' 0" 4' 10" 200
5 3' 4" 5' 4" 225
6 3' 9" 6' 0" 250
7+ 4' 2" 6' 8" 275
(2)
Recommended sign area, maximum letter, and symbol height for secondary tenant signs for
buildings 3 stories or higher is summarized in Table 17.28 (f).
Table 17.28 (f)
Area, Maximum Letter, and Symbol Height for Secondary Tenant Signs for Buildings 3
Stories or Higher
Number of Maximum Maximum Symbol Square Footage Area of
Building Stories Letter Height Height Sign Per Elevation
3 -4 10" 16" 30
5 - 6 12" 19" 35
7 + 14" 22" 40
17.28.260 Requirements for Special Signs in Commercial Districts
The following provides standards for special signs in Commercial Districts.
(a) Miscellaneous Service Station Signs
(1) Special Service Signs on Pump Islands
They shall be illuminated only by the canopy lighting.
(2) Logo Boxes on Canopies
Two logo boxes located on the canopy shall be allowed per t~as station. Each logo box shall not
exceed 4 square feet.
(b) Fast Food Menu Signs
(1) Maximum number of signs shall be 2 signs per tenant.
(2) Maximum area shall be 32 square feet per sign~
(3) Maximum structure height shall be 6 feet.
(4) They may be internally illuminated.
(5) They may utilize changeable copy.
(c) Institutional Uses
(1) Maximum number of signs shall be one freestanding or one wall sign per street frontage.
(2) The standards for freestanding single tenant and wall mounted business identification signs
in Sections 17.28.230 (b) and 17.28.240, respectively shall be followed.
17.28.265 Requirements for Projecting Signs in Commercial Districts
Projecting signs are an alternative form of signage for identification of businesses if uniformly used
in a shopping centers and approved through a sign program.
(a)
(b)
(c)
(d)
(e)
Maximum number of signs shall be 1 per tenant.
Maximum area of signs shall be 4 square feet.
Maximum height of signs shall not exceed 20 feet or extend above the cave line,
whichever is less.
Ground clearance shall be a minimum of 8 feet.
Projection shall be a maximum of 4 feet and shall not encroach into the public right of
way.
R:~NAASEHS\SIGNXDRAP721.ORD 4/11/97
(f) Must be attached to a permanent canopy or building.
17.28.270 Requirements for Under Canopy Signs in Commercial Districts
Under canopy signs are primarily pedestrian oriented and provide additional identification for
businesses in commercial centers.
(a)
(b)
(c)
(d)
(e)
Maximum number of signs shall be 1 per customer entrance.
Maximum area of signs shah be 4 square feet.
Ground clearance shall be a minimum of 8 feet.
Must be attached to a permanent canopy or building.
They shall be illuminated only with the lighting from the canopy.
17.28.275 Requirements for Awning Signs in Commercial Districts
Awning signs are intended to provide identification to individual businesses, and can be pedestrian
or automobile oriented. They are only permitted for a shopping center if uniformly used in the
shopping center or for a single tenant if the tenant is occupying an entire site and is not located in a
shopping center.
(a) No maximum number of signs is established.
(b) The area of the sign shall not exceed 75% of the area of the awning that the sign is placed on.
(c) Ground clearance shah be a minimum of 8 feet.
(d) Projection shall not extend into the public right of way; otherwise an encroachment permit
shall be obtained from Public Works Department.
(e) The total area of signage permitted for the face of the building shall not be exceeded for the
combination of the wall sign(s) and awning(s).
(f) The area of the sign on awnings is calculated by multiplying the height of the highest letter
by the length of the lettering on the awning.
(g) A~ing signs shall be Iocaled on the flap (valance) or to end panels ofangled, curved, or box
av,~ings.
(g) Awning signs shall be located on the bottom 12 inch of the flap (valance) or to end panels of
angled. curved. or box awnings.
(b) Awnings signs shall be placed only on the hottorn 12" office awning and letter heighl shall not
exceed 9" inches.
(h) Awnings sig/ts shall be placed only on the bottom 12 inch of the awning and letter height shall
not exceed 8 inches.
17.28.280 On-Site Directional and Directory Signs in Commercial Districts
The purpose of directory and direaional signs are to guide the movement of vehicles and pedestrians
once they are on the site or center. They are not intended to advertise the tenants or products.
R:~IAASEHS\SIGNXDIIAFI'21.0RD 4/I 1/97
(a) Requirements for Pedestrian On-Site Directory Signs in Commercial Districts
On-site directory signs are int~ded to provide information to the patrons of a building once they have
arrived near the entrance of the building.
(1) Maximum number of signs shall be one per multi tenant building per frontage.
(2) Maximum area of signs shall be 30 square feet.
(3) Maximum height of sign shall be 7 feet, iffreestanding.
(4) They shall be located in pedestrian activity and movement areas.
(5) They shall contain only the name and address of the activities/businesses on-site.
(6) They may be illuminated.
(b)
Requirements for Freestanding On-Site Directional Signs for Individual Sites in
Commercial Districts
These signs are intended to provide direction to automobiles to the different areas of the site, once
they have arrived at the site the signs are located on.
(1) No maximum number of signs is established.
(2) Maximum area of sign shall be 3 square feet.
(3) Maximum sign structure height shall be 3 feet.
(4) They shall only include letters and arrows.
(5) They shall be screened from view from the public right of way and private driveways of a
center where practical.
(6) They shall only be visible from the site they are intended to be used for.
(7) They may be illuminated.
(C)
Requirements for Freestanding On-Site Directional Signs for Centers in Commercial
Districts
These signs are intended to provide directions to automobiles to the different businesses on the site.
(1) No maximum number of signs is established.
(2) Maximum area of sign shall be 30 square feet.
(3) Maximum sign structure height shall be 7 feet.
(4) They shall be screened from view from the public right of way and private driveways of a
center where practical.
(5) They shall only be visible from the site they are intended to be used for.
(6) They may be illuminated.
R:~IAASEHSXSICJIq~RAFT21.ORD 4111197 m 30
OFFICE SIGNS
17.28.300 Signs in Professional Office District
All uses within the Professional Office District must comply with the standards for set forth in
Sections 17.28.300 through 17.28.399, as well as with the standards contained in Section 17.28.070,
General Requirements. Wail mounted business identification signs for retail uses on the first floor
of an office building with exterior entrances which must aiso comply with the standards for
Commerciai Districts contained in Section 17.28.240. If retail uses have interior entrances only, no
wall mounted business identification signs are permitted. All signs within the Professionai Office
District must also comply with the standards contained in Section 17.28.070, General Requirements.
17.28.310 Sign Types Prohibited in Professional Office Districts
(a)
(b)
(c)
(d)
Freestanding Multiple Tenant Identification
Projecting Signs
Under Canopy Signs
Awning Signs
17.28.320
Sign Types Permitted in the Professional Office District with the Same
Standards as Commercial Districts
(a) Requirements for wall mounted signs for buildings with 3 stories or more are same as Section
17.28.250.
(b) Requirements for on-site directional and directory signs are same as Section 17.28.280 (a),
(b), and (c).
17.28.325 Freeway Oriented Signs in Professional Office Districts
Only travel oriented commercial uses such as gas stations, restaurants, fast food establishments, and
hotels/motels with freeway frontage are permitted. through approval of a sign program, to have
feeway oriented signs. Freeway oriented signs are permitted as fleestanding and wall mounted signs.
Freestanding signs may identify centers, multiple tenants, and/or single tenants. Wall mounted signs
shall not be permitted for multi tenant buildings. The provisions included in Section 17.28.210 shall
apply to all signs permitted by this subsection.
17.28.330
Requirements for Freestanding Office Center Identification Signs in
Professional Office District
Freeslanding office center idemifieation signs are intended to identify office centers. Different
standards have been included for office centers with 7 acres or less and more than 7 acres.
Freestanding office center identification signs are intended to identify office centers.
R:~AASF_HS\SIGI~DRAFr21.ORD 4111197
(a)
Maximum number of signs shall be two per major entrance plus, one additional at each major
intersection.
Maximum sign area shall be:
1. 20 square feet for centers with 7 acres or less.
2. 30 square feet for centers with more than 7 acres.
(b) Maximum sign area shall be 30 square feet.
Maximum sign structure height shall be:
1. 4 feet for centers with 7 acres of less.
2. 6 feet for centers with more than 7 acres.
(c) Maximum sign structure height shall be 6 feet.
17.28.340
Requirements for Ft~estnnding Buildiqg or Single Tenant Identification Sigp~
for Single Tenant Office Buildlng~ in Professional Office District
Freestanding single tenant identification signs are intended to provide identification for any tenant
in an office building occupying the entire building. In multi tenant office buildings, a freestanding
building identification sign is permitted to identify the building.
(a)
(b)
(c)
(d)
Maximum number of signs shall be one per street frontage plus, one additional per major
intersection.
Maximum signs area shall be 20 square feet.
Maximum sign structure shall be 6 feet.
No more than one tenant shall be identified.
17.28.350
Requirements for Wall Mounted Business or Building Identification Signs
for Single and Multi Tenant Buildings with 2 Stories or Less in Professional
Office District
Wall mounted business identification signs are intended to provide identification for individual
businesses in single or multi tenant office buildings with two stories or less. However, only multi
tenant buildings with exterior entrances for their tenants are permitted to have wall mounted business
identification signs.
(a)
(c)
Maximum number of signs shall be one sign per frontage for each tenant.
Maximum area of signs shall not exceed ~ square feet per lineal feet of frontage. However,
the sign area shall not exceed 50 square feet.
For multi tenant buildings wall mounted business identification signs shall be permitted only
if the main entrance to each suite is from the exterior of the building as opposed to a lobby
R:'u',IAASEHS\S1GNM)RAPT21.0RD 4/ll~f/m 32
or court yard design.
(d) Building identification signs are only permitted if no tenant identifications are permitted.
(e) External Illumination shall not be permitted.
R:XIqAASEHSXSIGNM)IIAFT'21.ORD 4/11/97 m 33
INDUSTRIAL SIGNS
17.28.400 Signs in Industrial Districts
All uses within Industrial Districts must comply with the standards for Industrial Districts contained
in Sections 17.28.400 through 17.28.499, and with the standards contained in Section 17.28.070,
General Kequirements. Office buildings must comply with the standards for Commercial District
contained in Section 17.28.250. All signs within the Industrial Districts must comply with the
standards contained in Section 17.28.070, General Requirements.
17.28.410 Sign Types Prohibited in Industrial Districts
The following sign types are prohibited in the Industrial Districts.
(a)
(b)
(c)
(d)
(e)
(f)
Freeway Oriented Signs
Freestanding Off-Site Center Identification Signs for Centers Larger Than 60 Acres
Freestanding Multiple Tenant Identification Signs
Projecting Signs
Under Canopy
Awning Signs
17.28.420 Sign Types Permitted in Industrial Districts
In addition to the signs otherwise permitted by this chapter for Industrial Districts, the following sign
types are permitted in these Districts provided that they meet the following specified standards.
(a)
Wall mounted signs for buildings with 3 stories or more shall comply with the provisions of
Section 17.28.250.
On-site directory signs, on-site directional signs for individual sites, and on-site directional
signs for centers shall comply with the provisions of Sections 17.28.280 (a), (b), and (c),
respectively.
17.28.430
Requirements for Freestanding Business Center Identification Signs in
Industrial Districts
Freestanding business center identification signs are intended to identify business centers. Different
standards have been included for business centers with 7 acres or less and more than 7 acres.
(a)
Maximum number of signs shall be two per major entrance plus, one additional per major
intersection.
Maximum signs area shall be:
1 20 square feet for centers 7 acres or less.
2. 30 square feet for centers more than 7 acres.
(b) Maximum signs area shall be 30 square feet.
R:'xNAASEHS\SIGN~DRAFI'21.ORD 4/11/97 m 34
4 feet for centers 7 acres or less.
6 feet for centers more than 7 acrcs.
(c) Maximum sign strumre height shall be 6 feet.
17.28.440
Requirements for Freestanding Tenant Identification Signs in Industrial
Districts
Freestanding business or building identification signs are intended to provide identification for a
tenant occupying an entire industrial building. They are also used to identify a multi-tenant industrial
building.
(b)
(c)
(d)
Maximum number of signs shall be one per street frontage plus, one additional per major
intersection.
Maximum sign area shall be 20 square feet.
Maximum sign structure height shall be 6 feet.
No more than one tenant shall be identified.
17.28.450
Requirements for Wall Mounted Business or Building Identification Signs
for Buildings with 2 Stories or Less in Industrial Districts
Wall mounted business or building identification signs are intended to provide identification for
individual businesses in single or multi-tenant industrial buildings.
(a)
(b)
(c)
Maximum number of signs shall be 1 per frontage for each tenant.
Maximum signs area shall not exceed ~ square feet per lineal feet of building frontage.
However, the sign area sitall not exceed 50 square feet.
Maximum sign area shall not exceed ¼ square feet per lineal feet of building frontage.
Building identification signs are only permitted if no tenant identifications are permitted.
17.28.600
Temporary Business Advertising Signs in Commercial, Office, and Industrial
Districts
(a) Purpose
The purpose of this Section is to set standards for temporary business advertising signs (Commercial,
Professional Office, and Industrial) in the City. Temporary business advertising signs include
promotional signs, grand opening signs, interim signs, special event signs, and other signs made up
of temporary materials or used in a temporary fashion.
R:~AASEF. S\S[GN~DRAPT21.ORD 4111197 sn 35
(b)
Promotional Signs in Commercial, Office, Industrial, Medium Density Residential. and
High Density Residential Districts
Promotional Signs are temporary business advertising signs intended to attract attention to a use or
activity for a limited number of events as identified in this Section. The three t}~es of promotional
signs include artsober, detached, and window signs. Attached promotional signs, detached
pro,notional signs, and promotional window signs that require a permit may not be used in
combination during any quarter.
Promotional Sig~s are temporary business advertising signs intended to attract attention to a use or
activity for a limited number of events as identified in this Section. In residential districts, these signs
are only permitted for rental multi family complexes in the Medium Density Residential and High
Density Residential Districts. The two types of promotional signs include attached and detached
signs. Only attached promotional signs are permitted for the Medium Density Residential and High
Density Residential Districts. Attached and detached promotional signs that require a permit may not
be used in combination during any quarter.
(1) Requirements for Attached Promotional Signs
For each use or business activity up to one (1) sign may be allowed. For a use or
business activity with fi-ontage on two or more major streets. 2 signs may be allowed.
Maximum area shall be 100 square feet.
The vertical dimension of the sign shall not exceed 5 feet. Shall not exceed the top of
the cave line or parapet wall.
The width (horizontal dimension) shall not exceed sixty percent (60°,/0) of the business
or store frontage, whichever is smaller.
The width (horizontal dimension) shall not exceed sixty percent (60%) of the business
or store frontage for businesses, whichever is smaller, or building frontage for rental
multiple family complexes.
The maximum duration for attached promotional signs is one thirty (30) day period
per quarter. Except that attached promotional signs may be used for two thirty (30)
day periods in the 4th quarter of each year.
The maximum duration for attached promotional signs is one thirty (30) day period
per quarter. Except that attached promotional signs in Commercial. Office, and
Industrial Districts may be used for two thirty (30) day periods in the 4th quarter of
each year and in Medium and High Density Residential Districts may be used for two
thirty (30) day periods in the third quarter of each year.
AH promotional signs shall be located on the site where the use or activity is located.
(2) Requirements for Detached Promotional Signs
For each use or business activiD'up to one (1) sign may be allowed. Except for a use
or business activity with frontage on two or more major streets 2 signs may be
allowed.
Maximum area shall not exceed 32 square feet.
R:~NAASYcJdS\SIGN~)RAFT21.ORD 4/11/97 m 36
The vertical dimension shall not exceed 3 feet and shall not exceed 6 feet above the
ground.
They shall be mounted to a frame. The frame shall be constructed of attractive
permanent materials and shall be constructed so that no additional supports or bracing
is required.
They shall not block, restrict or impair any of the following:
2.
3.
4.
The public's view of another business or activity.
The public's view of the signage for another business or activity.
The view or visibility of the operator of any motor vehicle.
The movement of any pedestrian or motor vehicle.
The maximum duration for detached promotional signs is two thirty (30) day periods
per year.
Signs located on non-door window surfaces shall not exceed sevenly five percent
(75%) of the non-door window area.
Thc~' may not be displayed for longer than a ninety (90) day period.
(C)
Grand Opening Signs in Commercial, Office, Industrial, Medium Density Residential.
and High Density Residential Districts
Grand opening signs are temporary business advertising signs, beating the words '~Grand Opening",
or some similar message to announce the opening era new business.
Grand opening signs are temporary business advertising signs, beating the words "Grand Opening",
or some similar message to announce the opening of a new business or for multiple family rental
complexes.
(1)
For each use or business activity up to one (1) sign may be allowed. Except for a use or
business activity ~ith frontage on two or more major streets 2 signs may be allowed.
For each use. business activity, or multiple family rental complexes up to one (1) sign may be
allowed. For a use. business activity, or multiple family rental complexes with frontage on
two or more major streets. (two) 2 signs may be allowed.
(2)
(3)
(4)
(5)
Maximum area shall not exceed 60 square feet.
The vertical dimension shall not exceed 3 feet. They shall not exceed the top of the cave line
or parapet wall.
They shall be attached to the building where the use. activity, or multiple family rental
complexes is located.
The width (horizontal dimension) shall not exceed sixty percent (60%) of the business, store
frontage, whichever is smaller, or building frontage for rental multiple family complexes.
R:~INAASEHS~SIGi~DRAFT21.ORD 4/11/97 m 37
(6) They may be allowed for any period of time during the first one hundred and twenty (120)
days of business or multi family rental complex operation.
(d) Interim Signs
Interim signs are temporary business advertising signs intended to provide interim signage while the
permanent signage is being fabricated, repaired, or prepared for installation.
(D
(2)
(3)
(4)
The mum number of signs shall be the same number of permanent signs permitted by this
Chapter.
They shall be the same as the size of permanent signs permitted by this Chapter.
They may contain only the business name and appropriate logo. They shall be attached to the
building where the use or activity is located.
They may be allowed for any period up to ninety (90) days. The Director 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) Special Event Signs in Commercial, Office, and Industrial Districts
Special event signs are temporan/business advertising signs for special community activities or
seasonal events. By way of example only, such activities or events may include charitable and
community fired raising events, Christmas tree sales, the tractor races, or the annual Temecola Wine
and Balloon Festival. In addition to the on-site signs permitted by this Section, community events
sponsored by the City or by a non-profit organization may be allowed one off-site sign. Two types
of special event signs include attached and detached special event signs.
(1) Attached Special Event Signs in Commercial, Office, and Industrial Districts
Special event signs for events held in a building or structure shall be attached to the building
or structure where the use or activity is located.
The maximum area shall nor exceed 32 square feet.
The vertical dimension shall not exceed 3 feet. They shall not exceed the top of the
cave line or parapet wall of the building.
They shall be located on the site of the special event or activity being advertised.
The width (horizontal dimension) shall not exceed sixty percent (60%) of the business
or store frontage, whichever is smaller.
Special event signs may be allowed for any period up to forty-five (45) days. The
Director may allow a one-time extension, for any period up to an additional forty-five
(45) days, with good cause. It is the responsibility of the proponent of the extension
to justify why the extension is appropriate.
(2) Detached Special Event Signs in Commercial, Office, and Industrial Districts
Special event signs which are not located in buildings or structures shall be securely attached
to poles or a structure on the site where the use or activity is located.
R:~IAASEHSx, SlGNXDRAFT21.ORD 4111197 nn 38
The maximum area shall be 32 square feet.
The vertical dimension shall not exceed 3 feet. The maximum height to the top of the
sign shall not exceed 6 feet.
The width (horizontal dimension) shall not exceed 15 feet.
Special event signs may be allowed for any period up to forty-five (45) days. The
Director may allow a one-time extemion, for any period up to an additional thirty (30)
days, with good cause. It is the responsibility of the proponent of the extension to
justify why the extension is appropriate.
Special event signs for special community-wide events, such as the Tractor Races and
Wine and Balloon Festival, may be allowed additional supplemental and/or directional
temporary signage at the discretion of the Director. Supplemental directional signage
should not exceed thirty-two (32) square feet on major roadways and twenty-four
(24) square feet on other roadways. The appropriate sizes and locations for all
supplemental and/or directional temporary signs shall be determined by the Director.
17.28.700
Requirements for Temporary Ambient Air Balloons in Commercial, Office, and
Industrial Districts
A temporary ambient balloon is a sign 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. These signs are intended to provide additional exposure to the businesses in the
City provided certain restrictions are met.
(a)
The maximum number of balloons shall not exceed three (3) on any one site during any time
period specified in Section 17.28.700 (1)
(1) A site shall be defined as the following:
One or more contiguous legal parcels of land where an individual building or an
integrated building development has been approved; or
A building that contains two or more separate independently owned or operaled
commercial, office, or industrial businesses.
Co)
(C)
(d)
(e)
(g)
(h)
The maximum display time shall not exceed a total of fifteen (15) calendar days within any
ninety (90) calendar day period. In lieu of the fifteen (15) calendar day period herein, a thirty
(30) calendar day permit may be issued by the Director during the month of the Temecula
Annual Balloon and Wine Festival, if such event is held.
Spacing shall be a minimum of three hundred fifty (350') feet between the balloons.
The requirements for maximum allowable three (3) signs on any one site and minimum three
hundred fifty (350') foot spac'mg between balloons may be waived by the Director during the
month of the Temecula Annual Balloon and Wine Festival, if such event is held.
The maximum cross section of the balloon shall not exceed 1500 square feet.
The maximum height shall not exceed thirty (30) feet, as measured from the point of anchor
to the highest portion of the balloon.
They may be illuminated at night using electrical lighting systems.
Balloons shall be ground mounted or roof mounted us'rag steel cable anchoring systems.
R:XNAASEHS\SIGI~DRAPT21.ORD 4111197 m 39
6)
G)
(k)
Balloons shall be tethered and not be free-floating 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 ofblimps or cartoon characters shall
not be permitted.
All such signs shall be removed no later than the last day permitted in the approved
application.
No temporary ambient air balloon or similar inflatable shall be erected, placed or maintained
so that it does any of the following:
O)
(2)
Mars, defaces, disfigures or damages any public building, structure or other property; or
Endangers the safety of person or property.
17.28.800 Kiosk Signs in all Districts
(a) Purpose
The purpose of this section is to provide a uniform, coordinated method of offering de,'elopers a
means of prodding directionai signs to their projects, while minimizing confi~sion among prospective
purchasers who wish to inspect development projects, while promoting traffic sali~ty and reducing
the visual blight of the protiferation ofsigns. Directional kiosk signs, including travel direction signs,
other titan those on-she, are prohibited except as provided in this Section.
The purpose of this section is to provide a uniform. coordinated method of offering developers and
apartment owners a means of providing directional signs to their projects, while minimizing confusion
among prospective purchasers and tenters who wish to inspect development projects and apartments,
while promoting traffic safety and reducing the visual blight of the proliferation of signs. Directional
kiosk signs. including travel direction signs, other than those on-site, are prohibited except as
provided in this Section.
(b) Authority to Grant License
The City Council may, by duly executed license agreement, grant to a qualified person the exclusive
fight to design, erect and maintain directional kiosk signs within the entire City, or any designated
portion thereof. Licensees shall be selected by soliciting request for proposals. Notwithstanding the
foregoing, any person erecting or placing directional kiosk signs on-site shall not be required to
obtain a license. The term of each license shall be set forth in the license agreement.
(c) Directional Signs Structures: Operation
Licensee(s) shall make directional sign panels available to all persons or entities selling subdivisions
or renting apartments (hereinafter referred to as "Subdivider~and Lord") on a first-come, first-
service basis. No sign panels shall be granted to any subdivider for a period of excess of two years.
However, a subdivider who is soliciting sales of more than two subdivisions within a single planned
community or a specific plan area shall not be subject to the two-year limitation during such
solicitation. Land Lords may indefinitely display their project name on the kiosk signs. Licensee(s)
shall maintain a separate waiting list for each sign structure. Alternatively, a subdivider/Land Lord
R:~NAASEHS\SlGN~DRAFT21.ORD 4/11/97 sn 40
may apply to licensee for a sign panel program consisting of a single sign panel on each of a series
of sign structures as needed to guide prospective purchasers to his/her subdivision/rental project. A
subdivider whose time of use for a sign panel or sign space program has expired, may reapply and
shall be placed on the waiting list in the same manner as a new applicant.
(d) General Requirements
(1)
(2)
(3)
(4)
(s)
(6)
(7)
(s)
(9)
(11)
(12)
For purposes of this Section, street intersection shall mean where two or more streets or
roads cross at the same grade. Street or road shall include all streets and roads with a fight
of way of 88 feet or larger.
Maximum height shall not exceed 12 feet.
Directional signs shall not obstruct the use of sidewalks, walkways, bike and hiking trails;
shall not obstruct the visibility of vehicles, pedestrians or traffic control signs; shall, where
feasible, be combined with advance street name signs; shall not be installed in the immediate
vicinity of street intersection; and shall be limited to not more than three (3) structures
between street intersections.
Directional signs shall not be placed on local residential streets.
Sign structures shall be ladder type with individual sign panels of uniform design and color
throughout the City limits.
The width of sign structures and sign panels shall not exceed 5 feet.
Sign panels shall not be illuminated.
Sign structure installations shall include "break away" design features where required in right-
of-way areas.
No signs, pennants, flags, other devices for visual attention or other appurtenances shall be
placed on the directional signs.
The sign panel lettering for tract identification shah be uniform.
All signs erected on private property must have written consent from the property owner with
the City to have a fight to enter property to remove any signs not in conformance.
All signs within the public right-of-way must have an encroachment permit.
The licensee or holder of an encroachment permit shall hold the City, and its officers and
employees, harmless of all costs, claims, and damages levied against them, and the license or
encroachment permit shall so provide.
Where it is determined that a sign has been erected or installed in violation of this chapter, abandoned
as defined in Section 17.28.900 (f), Abandoned Signs, or is otherwise in violation of this chapter. a
notice of violation shall be issued pursuant to City's enforcement procedures and policies
All signs shall be properly maintained pursuant to Section 17.28.900 (g), Maintenance Responsibility
of Signs. Upon a written notice from the Building Official, the neccssaxy maintenance, alterations,
or repairs shall be made ~jthin thirty (30) calendar days a:ler the date of receipt of such notice.
R:~qAASEHS\SIGNXDRAFF21.ORD 4/11/97 m 41
However, if the owner does not complete the requirements specified in the notice, a notice of
violation shall be issued pursuant To Section 17.28.900 (a), Notice of Violation.
If the Building Official determines that a sign must be rentoved after the eydtaustion of the
administrative procedures set forth in this Chapter and City's enforcctnent procedures and
policies, the City may remove the sign and bill the owner pursuant to the provisions of
Section 17.28.900 (e), Billing.
All signs in the public right-of-way. except as provided in Section 17.28.060 (a), Political
Signs, may be re~noved by the CiB,' without issuing a notice ofviolation. These signs may not
be reclaimed by the owner. The owner shall be billed in accordance with the provisions of
Section 17.28.900 (e), Billing.
Where the Building Official determines that the sign in question poses an imminent safety
h~.ard or dangerous condition, such sign may be reanoved in~:nediately and stored by the city.
As .soon as practicable following the removal, the owner shall be given a notice ofviolation
pursuant to Section 17.28.900 (a). The si_,tm x~ll be returned to the owner only upon payment
ofremoval and storage costs as set forth in Section 17.28.900 (e), Billing. Ifthe sign is not
claimed within thirty (30) days after the receipt of Notice of Violation the sign may be
destroyed.
Any temporary sign erected, placed or maintained in violation of any provisions of this
section v.~ll be removed by the City 5 days after issuance of a notice of violation, pursuant to
Section 17.28.900 (a), is given to the person or party who caused the sign fo be erected, and
to the o~er, lessee, or person in lawful possession of the property on which the property is
located and shall be billed in accordance with Se~ion 17.28.900 (e), Billing.
No person shall remove, destroy. relocate, or otherwise disturb any political sign without the
permission ofthe party who caused the sign to be erccted. lfthesignendorsesapoliticaleandidate,
it shall be presumed, that the political candidate or his or her representative is the party who caused
the sign to be erected. It shall further be assumed that the committee who has registered with the
Secretary of the State to sapport a position on a ballot proposition is the party who caused the
erection ofthe sign taking the position on a ballot measure.
R:',NAASF~tS\SIGNXDRAFT21.ORD 4111197 s~ 42
Nothing in this subs~:tion shall prohibit the owner of a piece of property, or his or her authoriz~
representative, fi'om removing a sign From his or her property when the political sign has been erected
without his or her consent.
Also nothing in this paragraph shall prevent the Building Official From taking action to abate sign
violations perhaillng to political s~gns pursuant to Section ]7.28.900 (c) (4), Removal of Temporary
When a sign or other matter specified in Section 17.28.900 (e), Removal is removed by the
City and the City has incurred any expense in removing the sign or in repairing public
property damaged because of posting or erecting the sign, the Building Official may send a
bill to the person responsible for posting or erecting the sign for the actual or estimated cos~
of removal. Any such expense incurred shall constitute a debt owed to the City. The
Building Official may establish administrative regulations to govern the billing procedures.
-Each bill sh'aJl include both the direct and indirect cost involved in the removing ofthe signs
or other matter and in administering rite billing procedure. The bill shall describe the basis of
the amount billed by indicating the number of signs or other matter posted illegally, the time
necessary for removal, the hourly cost for removal, the right to a heating and olher relevant
information. The bill shall also specify a date by which the bill is to be paid, which shall be
not less ttmn ten business days after the bill is mailed.
Every person billed may request a heating with the Building Official. Following the heating,
the Building Official shall ,Mthin ten (10) business days 'after the dale of lhe hearing notiS' the
person billed of any adjustment to the bill or any detemdnation not to make an adjustment.
lhis notification shall specify the date by which such bill shall be paid, which date shall in no
event be less than thirty (30) calendar days after the date of the hearing.
Any person, who fails to pay the billed amount, shall also be liable for expenses incurred by
the CiL',' in collecting the debt, inchiding the cost ofpaying City employees or other persons
engaged in the debt collection.
In the event of a civil action invoMng any person for violation of any of the provisions of this
chapter, the fact that the sign contains the name of such person shall constitute prime facie
e~idencc that the person posted or erected, or caused to be posted or erected, such sign. For
the purposes ofthis Section person refers to any person, firm or corporalkin, or the chalnnan,
president or other head of any committee or organization.
Signs shall be considered abandoned and subject to removal pursuant to tile procedures of Section
17.28.900 (c), Renloval, under any of the following circumstances:
R:~q,a, ASEHS\SII3N'xDRAFT21.OP~D 4111197 sn 43
Where a sign is not kept in a good condition, adequatdy repaired and maintained at all times,
i.e. the paint or the finish is fading or chlpplng, a freestanding sign is faillag, the required
landscaping around freestandin~ signs is not planted or appropriately maintained, the
illumination is not prop~y functioning. The standard for adequate repairs is that the repairs
shall be at least equal in quality and design to the original work such as the paint. finish,
materials. landscaping, illumination, and ~ru~tura.
Whes~ a sign pertains to activities no longer occupying the property, or to occupants that a~'e
no longer using the property, and the sign has not been removed, or the sign copy changed,
v~ithin thirty (30) days after such activities have ceased or such occupants have vacated the
premises.
Where a sil~n permit for a temporal' sign has expired and the sign has not been removed
within five (5) d~iys fi'om lhe date of expiration.
Where a sign permit for a temporary sign has expired and the sign has not been removed
within one day from rite date of expiration.
~A:hem the sign concerns a specific event and five (S) da~ have elapsed since the occurrence
of the cwent.
All signs shall be kcl~ in good condition, be legible, adequately repaired, n~intaincd, and
painted by the owner thereof at all times. All repairs shall bc at least equal in quaiity and
design to the original signs. Signs not properly maintained shall be issued a notice to
maintain, alter. or repair pursuant to Section 17.28.900 (b), Notice to Maintain, Alter, or
Appropriate easements for access and maintenance shall be secured for centers that contain
more than one parcel and include center identification signs, multi tenant signs, single tenant
identification signs, etcetera.
CC & Rs or other acceptable maintenance mechm~ism shall be established for centers with
center identification signs, multi tenant signs, single tenant identification signs, etcetera. in
order to identify the responsible party for appropriate maintenance of the signs in accordance
with the provisions of this chapter.
Within six (6) months of the date of adoption of this Ordinance, the Director shall cause to be
performed an inventory of nil on-premise signs within the City to identify those which are illegal.
abandoned, or not appropriately maintained. For the purposes oftIris subparagraph, the term "illegal"
denotes a sign which ~s erected ~4thout compliance with all ordinances and regulations in efl~ct at
the time of its construction and erection or use; and the term "abandoned" denotes a sign which is
defined in Section 17.28.900 (f); Abandoned Signs. and properly maintained as defined in Section
t7.28.900 (g), Maintenance Responsibility of Signs.
R:'~IAASEHS~IGNn, DRAFr21.ORD 411119'/,n 44
When the inventory required by Section 17.28.930 (a), Invento.ry of Signs, has been completed. the
Dir~,.'tor shall report the actual cost of conducting that inventory to the City Council so the Council
may by Resolution provide for the recoupment of that cost in the manner authorized by Section
5491.2 of the Business and Professions Code.
No later d~ln ei~t (8) months after the date of adoption of this Ordinance, the City shall commen,'e
issuance of Notices of Violations for illegal and abandoned signs and Notice to Maintain, Alter, or
Repair fear signs not appropriately maintained as identified by the inventory required by Section
17.28.930 (a), Inventory of Sig~Ls.
it is tile intent ofthis section to recognize that the eventual elimination, expeditiously as possible, of
existing signs that are not in conformity with the provisions of this Chapter is as important as is the
prohibition ofnew si~s that would ~olate these regulations. It is also the intent of this section that
any elimination of non-conforming signs sl'mll be effected so as to avoid any unreasonable invasion
ofestablished proper~y rights. For the purpose ofthis Section signs shall pertain to pennzment a,~d
t,:mt:ora~' signs except those identified in Section 17.28.960 (c), Removal Without Notice of
Nominal Value Signs within the Public Right of Way.
It is the intent of this section to recognize that the eventual elimination of existing signs that are not
in conformity xvith the provisions of this Chapter requires further analysis of the existing signs in the
A non-confonning sign may be continued to be used for the period specified in Section 17.28.960 (c),
and shall be properly maintained in accordance ~th Section 17.28.900 (g), Maintenance
Responsibility of Signs, but may not be:
R:XlqAASEHSXSIGNXDEAFT21.ORD 4111197 m 45
Non-conforming si~4tS ~;hich may be abated without paymenl of compensation Any sign
which does not comply with the requirements of this Chatter and which may be abated
without the payment of compensation pursuant to Section 5497 or Section 5498 of the
Business and Professions Code shall be brought imo compliance with the requirements of this
Chapter as soon as may reasonably be accomplished and in no event later than six (6) months
~er the date of adoption of this Ordinance. unless such period is extended by the Planning
Commission for good cause shown. Any sign which is not brought into conformonce w'ith
the requirements of this Chapter w~thin that time shall be subject to a notice of violation
pursuant to Se~'tion 17.28.900 (a), Notice of Violation.
Other non-con~rming sigt,v Any sign wifich does not conform to the requiremetas of this
Chapter, other than the auto mall center identification sign including its electronic message
board in existence at the time ofthe adoption ofthis Chapter, shall be removed in accordance
wifi~ the following amortization schedule. Any sign which is not brought into conformante
with the requirements ofthis Chapter within the specified time shall be sttbjeel to a notice of
violation pursuant to Section 17.28.900 (a), Notice of Violation.
Temporary Signs - 6 Months
Signs with wooden face or supports - I Year
Wall Signs - 7 Years
Monument Signs - 7 Years
Pylon and Pole Signs - 10 Years.
All other permanent signs 10 Yeass - l0 years"
Not withstanding the foregoing the auto mall sign maybe 1-6 with thc approval of the City pursuant
to a sign permit. A non-conforming sign may be continued to be used and shall be properly
maintained in accordance with Section17.28.900 (g), ~aintenance Responsibility of Sign. Non
conforming signs with the exception of the auto mall sign may not be:
Enforcement, Legal Procedures, and Penalties
Declaration of Public Nuisance
The following signs are hereby declared a public nuisance, subject to abatement pursuant to the
provisions of Chapter 8.12 of this Code:
Any sign that is erected or installed in violation of this Chapter;
Any sign that is absndoned as defined in paragraph (e) of this Section 17.28.900;
R:~NAASEHS\SIGI~DRAF'I'2I.ORD 4111197 m 46
(3)
Any sign the owner of which ha~ received a written notice from the Building Official
pursuant to parigr~h Co) of Section 17.28.910, and the maintenance, alterations, or
repairs :lpeci~ed in the notice are not made within thirty (30) calendar days after the date
of receipt of such notice.
(1) Removal Without Notice of signs within the Right-of-Way
All signs in the public right-of-way may be removed by the City without issuing a notice
of violation.
Emergency Removal
Where the Building Official determines that the sign in question poses an imminent safety
haTard or dangerous condition, such sign may be removed immediately and stored by the
city.
Removal of Temporary Signs
Any temporary sign erected, placed or maintained in violation of arty provisions of this
section may be removed by the City 5 days after issuance of a notice of violation to the
person or party who caused the sign to be erected, and to the owner, lessee, or person in
lawful possession of the property on which the sign is located.
The ownen of signs removed pursuant to subparagraphs (1), (2), or (3) of this paragraph
(c) of Section 17.28.900 shall be liable to the City for all costs and expenses incurred by
the City in removing and storing the signs, in accordance with the provisions and
procedures of Section 8.12.140 of this Code. As soon a~ practicable following removal
pursuant to subparagraphs (1), (2), or (3) of this paragraph (c) of Section 17.28.900, but
in no case later than forty-eight (48) hours after removal, a notice of violation shall be sent
to the owner of the sign(a) via regular mail. The sign(a) will be returned to the owner only
upon payment of removal and storage costs pursuant to Section 8.12.140. If the sign(a)
is not claimed within thirty (30) days after the receipt of Notice of Violation the sign(s)
may be destroyed.
ira Unauthorized Removal of Signs
No person shall remove, destroy, relocate, or otherwise disturb any sign without the
permission of the par~ who caused the sign to be erected. Nothing in this subsection shall
prohibit the owner of a piece of property, or his or her authorized representative, from
removing a sign from his or her property that was erected without his or her consent.
Nothing in this paragraph shall prevent the Building Official from taking action to abate
sign violations pursuant to the provisions of this Code.
R:XNAASEHS\SIGICxDRAITF21.ORD 4/11/97 an 47
Abandoned Sigp~
Signs shall be considered abandoned and su~ect to abatement pursuant to Section
17.28.900 (~) and (b) under arty of the following circumstances:
A sign which, for a period of ninety (90) da,vs, no longer advertises or identifies an
ongoing business, product, or service available on the premise where the sign is located.
Where a sign permit for a temporary sign has expired and the sign has not been removed
within one day after the date of expiration.
Where the sign concerns a specific event and five (.5) days have elapsed since the
occurrence of the event.
Maintenance Responsibility of Siens
All signs shall be kept in good condition, be legible, adequately repaired, maintained, and
painted by the owner thereof at all times. The standard for adequate repairs is that the
repairs shall be at least equal in gilalily and design to the original work such as the paint,
finish, materials, landscaping, illumination, structure, and arty required surrounding
landscaping.
Signs not properly maintained shall be issued a notice to maintain, alter, or repair by the
Building Official. Upon a written notice from the Building Official, the maintenance,
alterations, or repairs specified in the notice shall be made within thirty (30) calendar days
after the date of receipt of such notice.
Appropriate easements for access and maintenance shall be secured for centers that contain
more than one parcel and include center identification signs, multi tenant signs, single
tenant identification signs, etcetera.
CC & Ks or other acceptable maintenance mechanism shall be established for centers with
center identification signs, multi tenant signs, single tenant identification signs, etcetera,
in order to identify the responsible party for appropriate maintenance of the signs in
accordance with the provisions of this Chapter.
~ Non-conformln~ Signs
Purpose and Intent
It is the intent of this section to recognize that the eventual elimination of existing signs
that are not in conformity with the provisions of this Chapter requires further analysis of
the existing signs in the City.
R:XNAASEHS\SlONXDRAFF21,0RD 4111197
(1)
(2)
(3)
(4)
(s)
(6)
Continued Use of Non-Conforming Si~p~
A non-conforming sign may continue to be used and must be properly maintained in
accordance with Section 17.28.910. With the exception of the auto mall center
identification sign, non-conforming signs may not be:
Changed to another non-conforming sign
Improved or structurally altered so as to extend its useful life
Expanded
Reestablished after discontinuance for 90 days or more
Reestablished after damage or destruction or more than 50 percent of its value
Moved or relocated.
Section 2. Table 17.03(a) of the Temecula Development Code is hereby amended by
adding the following approval categories:
Administrative
Approval
X
X
ADDFOVal
Sign Permits
Sign Programs (Approved by the
body approving the
Development Plan)
Modification to Sign Programs
Planning Planning
Director Commission
city
Council
X X
Section 3. Section 17.03.060(b) of the Temecula Development Code is hereby amended
by adding the following:
"(4) Increases in the allowable size, height, number, or location of new or existing signs by less
than ten percent (10%) of the standards within Chapter 17.28."
Section 4. Section 17.03.090 (b) of the Temecula Development Code is hereby amended
by adding the following:
"(2) Actions by the Director of Planning on the approval of sign permits."
R:hNAASEHSXSIGNXDRAPT21.ORD 4/11/97 m 49
Commercial and Non-Commercial Off-Premise Signs in All Districts
The purpose of this chapter is to set forth the development standards for the installation and
maintenance of commercial and non-commercial off-premise signs within the City, to ensure that the
design and location of outdoor advertising displays are consistent with the health, satL'ty, 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 architeclurally distinctive as well as homogeneous in design, and that acce~oW.'
Facilities be compatible wilh the overall theme. The quality ofslgnage plays a ve~, distin~ive role
in achieving the above. V~en abused, signs can create a visual blight which detracts From the qualixy
of the environme,It and an individual's visual perception of the City.
The establishment of commercial off-premise signs are hereby prohibited and no application for sign
permit, dc~'elopment plan, or other application for a commercial off premise sign shall be accepted,
acted upon, or al}proved.
Kiosk Signs, as defined in Section 17.28.800 of the Temecula Development Code.
Signs permitted pursuant to Chapter 17.28 of the Temecula Development Code.
Non-commercial off-premises advertising structures and signs, subject to the provisions set
forlh in Section 17.28.050 (o).
All off-premise signs, 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 Chapter for the
particular zone they are located, shall be accepted as non-conforming sign."
Section 5. Section 17.34.010(a) of the Temecula Development Code is hereby mended
by deleting the definition for "Alteration", "Sign", and "Outdoor Advertising Structure" and adding
the following definitions:
Section 6. Article XIX of Ordinance 348, Advertising Regulations, Ordinances 91-26,
Ambient Balloons, Ordinances 92-16, 93-12, 94-23, Temporary Signs, Ordinance 93-09, Outdoor
Advertising Displays, Ordinance 91-40 Directional Signs, and Section 6 of Ordinance 593 are
hereby repealed.
Section 7. F. nvironmental Compliance. The City Council hereby determines that the
provisions of this Ordinance would have no effect on the environment and are therefore exempt
from requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3).
This section indicates that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. It also states, that where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to the provisions of CEQA.
Section 8. 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. The City Clerk shall publish a summary
of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office
of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from
adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with
the names of the Councilmembers voting for and against the Ordinance, and post the same in the
office of the City Clerk.
Section 9. PASSED, APPROVED AND ADOPTED this day of , 1997.
Patricia H. Birdsall, Mayor
ATTEST:
June S. Greek, CMC, City Clerk
AlPPROVED AS TO FORM:
Peter M. Thorson, City Attorney
R:XN,~,ASEHS\SIGNXDRAFF21.ORD 4/11/97 m 51
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. __ was duly introduced at a regular meeting of the City Council on the
day of ,1997, and that thereafter, the Ordinance was duly adopted and passed
at a regular meeting of the City Council on the day of 1997, by the
following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
June S. Greek, CMC, City Clerk
R:~qAASEHS\SIGIq~DP, APT21.ORD 4/11/97
CITY OF TEMECULA Sitm Ordinance
"A-Frame Sign
Alteration
Ambient Air
Balloons
Animated
Sign
Architectural
Elements
Attached
Temporary Sign
Auto Mall
Center
Identification
Sign
Awning Sign
Banner, Flag,
Pennant
Building
Official
Building
Frontage
A portable temporary advertising device which is commonly in the shape
of an "A", or some variation thereof, is located on the ground, is easily
moveable, and is usually two-sided.
Any change or rearrangement in the supporting members of an existing
building such as bearing walls, columns, beams, girders, or interior partitions,
as well as any change in doors or windows, or any enlargement to or
diminution of a building or structure, whether horizontally or vertically, or the
moving ofa building or structure from one location to another. Alteration for
signs include any change of face, color, material, size, shape, illumination,
position, location, construction, or support of any sign or advertising device.
Ambient air balloons mean a balloon, supported by forced air (non-helium),
constructed of fabric materials, affixed to the ground or roof top using steel
cable anchoring systems, and often containing advertising messages.
See Flashing Sign.
An integrated component of the design of a building, including walls,
windows, entryways, rafters, roofs, and other typical components.
Attached temporary sign means a temporary sign which is mounted, placed,
or attached only to the permanent building where the business activity is
conducted.
The existing ~'eeway oriented auto mall center identification sign including the
electronic message board, located on 2663 1 Ynez Road.
A painted or silkscreened, non-electric sign attached to an awning or canopy
attached to the exterior of a building.
Any bunting plastic, paper, or s'wnilar material used for advertising purposes
that is attached to any structure, staff, pole, line, framing, vehicles or any
other similar object.
The Building Offidal of the City of Temecula or the authorized representative.
The length of the building elevation(s) which fronts on a public street, public
parking lot, or major pedestrian walkway.
CITY OF TEMECULA Si~,n Ordinance
Business Center
Can Sign
Center
Identification
Sign
Channel
Letters
Commercial
Districts
Commercial
Off-Premise Sign
Corporate Flag
Director
Community
Feature
Community/
Neighborhood
Identification
A group of three (3) or more industrial establishments planned, constructed
and managed as a total entity with customer and employee parking provided
on-site, provision for goods delivery separated ~'om customer access,
aesthetic considerations and protection from the elements.
A sign that is shaped like box to enclose the source of illumination (intenmlly
illuminated) so that the light shines through the translucent portions of the
signs copy panel (s).
Sometimes referred to as cabinet signs. a sign that is shaped like a box to
enclose the source of illumination (internally illuminated) so that the light
shines through the translucent portions of the signs copy panel(s). Logo
boxes are not considered can signs.
A sign that identifies the name of a center and is located at a center
entrance.
Individual three dimensional letters or figures that are affixed to a building or
a freestanding sign structure.
Commercial districts include Neighborhood, Community, Highway/Tourist,
and Service Commercial zoning designations or their equivalent Specific Plan
zoning designation.
Means any sign structure advertising an establishment, merchandise, or
entertainment, which is not sold, produced, manufactured, or furnished at the
property on which the sign is located. Commercial off-premise signs are
commonly known or referred to as billboards.
A flag of a nationally recognized corporation or company. Individual
businesses with franchise agreements or individually operated business of a
larger company are not be included in this definition.
The Director of Community Development of the City of Temecula or
authorized representative.
A design feature combining landscaping, hardsoaping, architectural features,
public art, signs, or any other creative feature that can be considered a special
and unique design for locations that are considered major intersections or
highly visible locations within the City.
Any sign that identifies the name and/or logo of a subdivision. mobile hoznc
park, multi family complex, or specific plan.
CITY OF TEiVIECULA Sitm Ordinance
Sign
Construction,
Contractor,
Financing, or
Remodeling Sign
Customer
Entrance
Day-Glow Colors
Decorative Flag
Detached
Temporary Sign
Directional
Kiosk Sign
Eave Line
Employment
Opportunity Sign
Flashing Sign
A community identification sign identifies the name and/or logo of a specific
plan. A neighborhood identification sign identifies the name and/or logo of
a subdivision, mobile home park. or multi family complex.
Temporary signs which states the name of the individual(s) and/or rims
connected with the construction or financing of a project.
Any words, letters, numbers, fi,.mres. characters, designs, or other s'ymbolic
representations incorporated into a sign
An entrance used by customers and patrons excluding loading entrances.
Bright ~orescent appearing colors.
A flag or banner attached to light poles or other objects in a shopping center
that provides a festive atmosphere to the center by colors, graphics, etc. and
does not provide advertising space.
Detached temporm'y sign means a temporary sign which is partially
attached to a permanent building, or is attached to a temporary structure
such as a pole or pipe, or any combination of the above. Detached
temporary signs do not include portable or vehicle mounted signs.
Matexials used in the construction of permanent signs. For the purpose of this
definition, canvass is not considered a durable malefinis for signage.
Means a flee standing, multiple-sided, sign structure whose main purpose is
to display signs or information.
Part of the roof which projects over or meets the wall.
A sign that advertises the availability of an employment position within
commercial, industrial, office, or residential districts where non-residential
uses are permitted.
Any sign which contains or is illuminated by lights which are intermittently on
and off; which change intensity or color, or which create the illusion of motion
in any manner, including animated signs which manifest a physical movement
or rotation in one or more planes or the optical illusion of actinn or motion.
Except thne and tc~nperature Ihat do not include advertising and the electronic
R:~NAASEHS\SJGI'~DEF1NT6.ORD 4/10/97 Idb
CITY OF TEMECULA Sit,'n Ordinance
For Rent Signs
Freestanding
Sign
Freeway Frontage
Freeway Oriented
Sign
Frontage
Future Tenant
Identification
Sign
Incidental
Sign
Industrial
Districts
Interior Sign
Logo
Major Entrance
Any sign, except time and temperature displays that do not include
advertising which contains or is illuminated by lights which are intermittently
on and off, which change intensity or color, or which create the illusion of
motion in any manner, including animated signs which manifest a physical
movement or rotation in one or more planes or the optical illusion of action
or motion.
Permanent signs in multi family complexes to identify availability of rental
units.
A sign permanently supported by one or more uprights, braces, poles, or other
similar structural components, and attached to the ground or foundation set
in the ground.
Boundary of a parcel abutting an interstate fleeway.
A sign located on a parcel with freeway frontage that is oriented toward the
freeway.
Boundary a building, parcel, or site along public streets, parking lots, or
pedestrian malls.
A temporary sign which identifies a future use of a site or building(s).
A small sign, emblem, or decal informing the public of incidental information
relating to the buildings on premises (i.e., name of business, telephone
numbers, open, closed, hours of operation, credit cards, etcetera.)
Industrial districts include Business Park and Light Industrial Zoning Districts
or any equivalent Specific Plan zoning designation.
A sign inside any business that is not intended to be seen from outside the
building in which the business is located.
A trademark or symbol used to identify a business.
An automobile entrance to a shopping, office, or business center used
primarily by customers with either full or restricted access. Entrances used
solely for loading and unloading are not considered major entrances.
CITY OF TEMECULA Sign Ordinance
Major Street or
Intersection
Memorial Sign
Menu Sign
Monument Sign
Moving Sign
Non-Commercial
Off-Premise Sign
Office Building
Office Center
Office District
Off-Premise Sign
On-Premise Sign
A street or intersection of two streets which have an ultimate General Plan or
Specific Plan right-of-way of 78 feet or more.
Signs usually located on tablets, plaques, or are cut into the facade of the
building. They can include religions symbols, the names of the building or
site, dates of erection, and other important historical facts.
A sign located adjacent to a drive-through lane of a fast food service facility,
which lists the products available and the prices, and is designed to be read by
the occupant of a vehicle.
A fleestanding low profile sign supported by a solid base (as opposed to poles
or open braces).
A sign whose entirety or components rotate, move, and swing in any manner
to attract attention and signs consisting of any flashing, blinking, indexing,
fluctuating or otherwise animated lights and components including search
lights and electric message boards.
Means any sign structure exhibiting non-commercial speech or message in lieu
of commercial sign copy; and any sign stmctttre exhibiting non-commercial
signage unrelated to the bu.ving or selling of commodities or anylhing involved
and practiced.
Any sign exhibiting non-commercial speech or message; signage unrelated to
the buying or selling of commodities or services.
A building whose primaxy function is to provide office space for professional,
medical, and administrative purposes. Office buildings may include secondary
and supporting retail uses that are generally located on the first floor.
A group of three (3) or more office establishments planned, constructed and
managed as a total entity with customer and employee parking provided on-
site, provision for goods delivery separated from customer access, aesthetic
considerations and protection from the elements.
Office district refers to the Professional Office zoning designation or any
equivalent Specific Plan zoning designation..
Any sign which advertises businesses, services, goods, persons, places, or
events at a location other than that upon which the sign is located.
Any sign which advertises businesses, services, goods, persons, places, or
events at a location upon which the sign is located.
R:L~qAASEHS~IGN~DEFINT6.ORD 4/10/97 Idb
CITY OF TE1VIECULA " Sitm Ordinance
Open Space
District
Permanent Sign
Pole Sign
Portable Sign
Primary Tenant
Projecting Sign
Public
Convenience and
Warning Sign
Pylon Sign
Residential
District
Roof Sign
Secondary
Tenant
Sign
Open Space district refers to the Open Space, Public Park and Recreation, and
Conservation zoning designations or any equivalent Specific Plan zoning
designation.
A sign entirely constructed of durable materials and intended to exist for the
duration of the time that the use or the occupant is located on the premises.
A high profile sign supported by one or more poles or similar structures and
is permanently attached directly into or upon the ground.
A sign that is not attached to a building or structure, vehicle or trailer.
Examples of portable signs include, but are not limited to: A-Frames and
T-Frames.
A tenant who occupies more than 50% of the total floor area of a building.
A horizontally extending sign which protrudes from a building or structure
below the parapet wall or cave line.
An on-premise sign that contains words such as Entrance, Enter, In, Out,
Restrooms, No Parking, or other similar words, and/or contains arrows or
characters indicating traffic directions. Temporary Real Estate signs are not
included in this group of signs.
A high profile sign having a solid base and permanently attached directly into
or upon the ground.
Residential districts include Hillside, Very Low, Low, Low Medium, Medium,
and High Density Residential zoning designations or any equivalent Specific
Plan zoning designation.
A sign, together with all its parts and supports, which is erected, constructed,
placed on or above, or extends above the roof or above the top of the parapet
wall of a building.
A tenant, other than the primary tenant, that shares an office building of three
(3) stories or more with at least one other tenant.
Any object, device, display or structure, or part thereof, situated outdoors or
indoors, made of any material, which is used to identify, display, direct or
attract attention to an object, person, institution, organization, business,
product, service, idea, event or location by any means, including words,
letters, figures, designs, symbols, ires, colors, illumination or projected
images.
R:~qAASEHS~SIGN~DEFINT6.OP-D 4/10/971db
CITY OF TEMECULA Si~,n Ordinance
SignArea
Sign Copy
Sign Structure
Height
Sign Placement
Area
Street Frontage
Subdivision Sign
Temporary
Business
Advertising Sign
Temporary Sign
Sign area for all signs, except multi-tenant signs, is computed by including the
entire area within a single, continuous, rectilinear perimeter of not more then
fight straight lines, enclosing the extreme edge of the writing, representation,
emblem, or other display. It does not generally include any background,
supporting flamework, or bracing that is incidental to the display itself. In
case of two sided signs, the area shall be computed as including the maximum
single display surface.
For multi tenant signs, the total sign area shall include the area which
surrounds the lettering and the logos for all tenants (i.e., sign area for each
tenant is not computed individually).
Any words, letters. numbers, figures. characters. designs, or other symbolic
representations incorporated into a sign.
The greatest vertical distance measured from the finished grade to the
uppermost part of the sign.
The area forthe building elevation surface which the sign is directly placed on.
The boundary of a parcel or a building which fronts a public street.
A sign used to identify residential subdivisions that contain project name, unit
square feet, price, developer's name, address, and telephone number, and
other pertinent information about the project.
A temporary sign which is made of cloth, bunting, plastic, wood, 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 premisses where the
sign is located.
Temporary signs can include temporary business advertising signs, real estate
signs, political signs, construction, contractor, financing, and remodeling
signs, employment opportunity signs, future tenant identification signs,
R:~NAASEHSXSIGN~DEFINT6.ORD 4/10/97 klb
CITY OF TEMECULA Sien Ordinance
Tenant
Identification
Sign
Time and
Temperature
Sign
Under Canopy
Sign
Vacancy Sign
Wall Mounted
Sign
Window Sign
garage sale signs, helium balloons, ambient air balloons, model home signs
and flags. Seasonal window displays that contain traditional holiday
characters and messages and which are intended to create or enhance holiday
character of an area and not reference or display service available or rendered,
or goods produced, sold or available for sale are not considered temporasy
signs.
Tenant identification signs may identify businesses or buildings. They may be
either a single tenant identification sign, multi tenant identification sign, or a
building identification sign.
An electronically controlled changeable copy sign which conveys only
information such as time, date, temperature, or atmospheric conditions, where
different alternating copy changes are shown on the same copy area. Each
message remains displayed for a specific minimum period of time with a total
blackout between message changes. The copy shall not travel in any
direction. Time and temperature signs shall be included in the permitted wall
or fleestanding sign area and shall not include any advertising.
A sign which is perpendicular to and suspended below the ceiling or roof of
a canopy or permanent awning.
They are used for motels, hotels, and other similar uses to identify the
availability of rooms.
A permanent sign mounted on the wall of a building.
Window Sign means any 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."
ATTACHMENT NO. 3
INVENTORY OF VACANT PARCELS AND EXISTING CENTER SIZES
P,:~STAFFRFI~I27PA95.PC7 4111197 kl'o l ].
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Gold's Gym
Carl's Jr. and
Kragen
Palm Plaza
Guidant
Toyota
Car Care
Dodge
Dodge
Acura
Paradise
Tower Plaza
Embassy Suites
Bedford Court
Mobil Station
X
X
X
X
X
2.1
2.8
6.5
7.35
3.52
42.64
23.94
5.07
2.76
2.03
2.56
2.53
4.37
8.7
2.59
4.5
10.29
31.63
4.96
2.02
1.72
1.88
.94
1.37
1.68
335
445
320
500
330
1850
1150
175
250
180
220
220
320
710
320
410
550
2100
300
450
340
250
None
329
303
Number.. Vaeant[DeVel6ped I
26 X
27 X
28 X
29 X
30 X
31 X
32 X
33 X
34 X
35 X
36 X
37 X
38 X
39
40:
:41:
42:
:43::::; X
2
44: : X
2
:45 !! X
46: ~ X
47 X
X
X
X
X
X
Name
SK Furniture, Cal
Spas & more
Boot Barn, Vista
Paint, Golf Store
& more
Rancho Car Wash
Jack-in-the-Box
Office Buildings
Tony Romas
Glenhies
Honda
Chevron
Fast Freddies
Burger King
Jan Wielert
Hungry Hunter
Pet Clinic
:' ['Center"':' Acreage" Frontage
1.74 250
X 2.05 310
X 1.89 285
1.66 250
1.71 250
2.15 278
X 8.4 705
.84 None
1.70 330
.7 None
X 4.56 930
2.4 173
2.61 240
1.22 90
1.53 350
1.36 None
.94 149
.96 115
1.07 149
1.07 162
1.03 145
1.03 153
1.05 174
Wendys 1.05 250
In &Out 1.08 134
Arbys 1.07 170
Country Inn .51 None
Country Inn .88 200
1.08 410
4.62 250
56¸
57
60
61
62
:63
64
65
66
67
68
69
71
X
X
X
X Temecula Valley
Bank
X Rancon
X The Beach Club
& more
Mcdonalds
X Nicks Burgers,
Togos & Shops
X Steak Ranch
X Chevron
X Kentucky Fried
Chicken
X Denney's
X 76 Station
X Motel 6
X Sam
Hicks/Museum
X Senior Center
X Dan's Feed
X
1.35 193
1.82 626
1.5 850
1.42 230
12.3 900
1.16 50
.76 None
.61 430
.46 None
.99 None
.78 None
.95 640
1.53 60
.83 150
2.01 100
1.17 300
I.Number.'-.Vacant: I' DevelOped 'l '
72. X
73
74
75¸
77:
78
79
80
81
83
85
86
X
'.' Name .':" :"l center' I'.' C,ea e 't.' b'atage
Mini Mart, X 4.48 760
Mound a Buck &
Shops
X Discount Tire, X 2.27 360
Mexicali Rose,
Mr. Tint & Shops
X Skate City, X 2.13 330
Firestone &
Shops
X Friendly Cleaners X .87 135
& Shops
X American X .77 120
Contractors &
Shops
X Prudential & X .78 120
Offices
X Sunrise Market .82 125
1.38 209
X Ramada Express 1.6 240
X Columbos 1.08 150
X 1.32 220
X 1.31 240
X 1.32 270
X 35.36 3000
89
R:~AASEHSXSIGN~RWYLOT.TBL 4/11/97
. I
fi:
/
/
J
E
/
/ I' /
; / '
; /
ATTACHMENT NO 4
CHAMBER OF COMMERCE CORRESPONDENCE
R:\STAFFRPT~127PA95.PC7 4/11/97 Idb 12
27450 Ynez Rd., Silk 104
Temecula, CA 92591
Phone (909) 676-5090 Fax (909) 694-0201
To:
Planning Commission
City of Temecula
From:
Temecula Valley Chamber of Commerce
Subject: Proposed Sign Ordinance-Remaining Issues
Date:
March 18, 1997
The Temecula Valley Chamber of Commerce Board of Directors
support CDM/Westmar's positions on the six remaining sign ordinance
issues. TVCC has met with representative from CDM/Westmar and
walked various parcels and sites. After lengthy meetings with
CDM/Westmar we feel that they have done ample research and
represent the majority including, owners, landlords, real estate
companies, manufacturers and retailers.
Attached is a copy of CDM/Westmar's recommendations. Please
do not hesitate to call me if you have any questions.
Sincerely,
TEMECULA VALLEY CHAMBER OF COMMERCE
T~Z~%ilmore
President
MEMO
Commercial Real litore · Properly MQnallme~t
27311 JeffenonAvenue · Sure 103 · Temecuta. CA 92590 · (909) 676-71T7 · Fax: (909) 69g-0048
To:
From:
Subject:
Date:
Dick Kurtz
nce- Remaining
Chamber of Commerce Support
March 12, 1997
Issues
I would like to be certain the Chamber understands the position of CDM/WestMar and the Comment
Group. For classification, I have attached appropriate sections of the Saied Naaseh memorandum
dated February 13 to the Comment Group.
1. Comment No. 18: Refers to the issue of standard commercial brokerage signs.
Our position is that no standard sign should be required. We do agree that 32 square feet is
a reasonable maximum square footage. There should be no minimum square footage, nor
should there be any mandated design for the lettering, copy content, etc.
Comment No. 21: Refers to the parallel vs. perpendicular placement of signs. Our position
is that signs should be placed in either fashion depending upon the judgement of the sign
installer.
3. Comment No. 30: Refers to the issue of freeway signs.
Our position is as follows:
The Ordinance should allow for multi-tenant identification signs for shopping centers
if the shopping center is larger than three acres rather than the seven acres
recommended by the Sign Committee.
This is an extremely critical issue. For example, a three acre site might include a
motel, restaurant, and service station with less than 500 feet of freeway frontage. The
Ordinance should permit a multi-tenant identification sign for that type of project so
that each of the three businesses could have the freeway exposure without a
proliferation of freeway signs. The overall square footage should, of course, be
limited to the square ~botage of a single tenant sign.
Businesses with freestanding freeway signs should not be limited to a maximum of
three signs including the freeway sign. Rather, a sign program should be
implemented that would permit the developer and staff to work out signage that is
reasonable for the project without the arbitrary constraint of the maximum of three
signs.
Mr. Dick Kurtz
March 12, 1997
Page 2
For example, a trade-off might include smaller building letters in exchange for
allowing signs on three sides of the building plus the freeway sign. Additionally, the
orientation of the building on the site should be taken into account, and the sign
program would permit that process to occur.
4. Comment N6. 32: Refers to minimum letter sizes and permanent signs.
Our position is them should be a 6" minimum letter size with a minimum panel height of 8".
5. Comment No. 40: Refers to multi-tenant industrial project signs.
We believe multi-tenant signs should be permitted in the industrial zone provided the
lettering is a minimum of 6" and the sign is compatible with the building architecture.
Comment Nos. 2.44. 45. and 46:
conforming" signs.
All refer to the issue of grandfatherrag and "non-
Since it appears that we cannot come to terms with the staff on this issue, the Sign
Committee and staff have recommended that the Ordinance be enacted without any decision
on this issue at this time. However, we do expect that it will be dealt with subsequent to the
enactment of the Ordinance.
Our preference is that we have simple blanket grandlathering of existing signs that were built
with permits and properly constructed at the time.
If it is the City's preference to enact the Ordinance without these provisions, we expect that
the City will make a good-faith effort to resolve the matter with members of the Sign
Committee, the Cogent Group, the Economic Development Corporation, the Chamber of
Commerce, retailers, and others who are directly impacted and who may have particular
knowledge regarding the issue.
The Comment Group's concern is that we will ultimately have an ordinance requiring
removal of many existing legal signs, with the result being a tremendous economic hardship
imposed upon property owners and tenants.
We respectfully request that the Chamber of Commerce strongly support grandlathering of
existing legal signs to protect the interest of its members.
In our judgement, it is extremely important that the City understands that the Chamber of
Commerce, the Economic Development Corporation, and the Comment Group stand united in our
position on these matters.
Please let me know if I can provide any further clarification.
CO1VEV~'T #1~
Page 13, Section 17.28.060 (b) (9)
Existing Language
The design shall comply with Figure 1. Urili~ng this design, signs shall be either two
sided parallel or two sided ~angular which shall not to exceed 90 degree angle. The
back side of a triangular sign shall not be visible from the pubi/c ~ght of way.'
Proposed Changes
Delete
Comment Group Rationale
One standard design is too restrictive and takes away from the individuality of signs. This
design does not work for all applications and it is too expensive to built and maintain. This
design will require additional maintenance since it is low to the ground which causes constant
spraying by the sprinklers.
Staff Comments
The Sign Committee was concerned about the number of real estate signs and their semi-
permanent nature. The standard design is intended to make real estate signs more permanent
and aesthetically pleasing. The following options may be considered by the Planning
Commission:
Require the proposed standard for all real estate signs
Require the proposed standard for Commercial and Office Districts which are
more visible than the Industrial Districts.
Require the proposed standard only for commercial centers larger than 5 acres.
Change the standard design to a more conventional real estate sign
Do not require standard real estate signs.
Sign Committee Recommendation
The Sign Committee concurs with Staff Comments option a.
Sign Comrnlt~ee Ratlonale
The Sign Committee did not agree with the Comment Groups Rationale. The standard sign
s~:ill provides for individuality since real estate agents can place their logos on the standard
sign. If the standard sign does not work for some applications, a window sign can be used
instead. According to the members on the Sign Committee who are knowledgeable about these
reusable standard signs, the initial cost of these signs is less than $500.
Stafr's Position
After listening to the Sign Committee rationale, staff concurs with the Sign Committee's vision
for Temecula..
COM}~[ENT #21
Page 14, Section 17.28.070 (a) (1) a. 4.
Existing Language
'The face of any fleestanding sign shall not be placed parallel to the street."
Proposed Changes '
Delete
Comment Group Rationale
This standard is too restrictive. We should let the property owner and the sign contractor decide
which way they want to place their sign. Where the si_ma is located on the end ofa cul-de-sac or a
lc~uckle, it is appropriate to place the sig'n parallel to the street.
Staff Comments
Sta~concurs with the Comment Group's suggestion.
Sign Commit'tee Recommendation
The Sign Commit-tee concurs with Staff Comments with the following modifications:
"The face of any freestanding sign shall not be placed parallel to the street, except when the
sign is located at the end ofa cul-de--sac or a knuckle where it is appropriate to place the
sign parallel to the street to ensure visibility. of the sign."
Sign Committee Rationale
instead of'deleting the standard, the specific situations should be added where a parallel sign is
not appropriate.
Staffs Position
A~ter iister~ng to the Sign Committee rationale, staff concurs with the Sign Comrrdttee's
compromise proposal.
COMMEP~rr #30
Page 22, Section 17.28.220 (a) and (b)
Existing Language
'17.28.210 Freeway Oriented Signs in Commercial Districts
Freeway oriented signs are only permitr.ed as freestanding center idena~cazion signs and wall
mounted business idenzi~caaon signs. Centers with freeway frontage are permitted one
freestanding sign to identify their centers. Travel oriented businesses such us gas stat~orts,
restaurants/fast food services, hotels/motels, and major tourist/retail attractiorts which occupy
an entire parcel with freeway frontage are permitted one wall mounted sign to identi. l~ their
business.
(a)
Requirements for Freestanding Freeway Oriented Center Identification Signs in
Commercial Districts
(1) Any center with an area 7 acres or less shah not be permitted a freestanding freeway
oriented identi~cazion sign.
(2) Maximum number of sign~ shah be one center identification sign per center
(3) Maximum sign area shall be 250 square feet.
(4) Maximum sign structure height shall be 25feet, e~ccept that higher signs may be
justified through the use of a ~ag test. However, these sign~ shah never exceed 40feet
in height.
(5) A freestanding freeway oriented sign shall only be allowed as a pylon sign. Pole signs
shall not be allowed.
Requirements for Wall Mounted Freeway Oriented Business Identification Signs in
Commercial Districts
(1) Maximum of one wall mounted freeway oriented sign shall be permitted for travel
oriented businesses such as gas stations, restaurants/fast food services, hotels/motels,
and major tourist/retail attractions which occupy an entire parcel with freeway
frontage.
(2) Maximum sign area shall not exceed 2.5 square feet per lineal feet of building frontage
where the sign is proposed and in no case shall the sign area exceed 150 square feet.
The frontage for the designated side shah be measured at the base of the building as
opposed to the width of an architectural feature which the ~ign may be placed on.
(3) Individual suites for multi tenant buildings shah not be permitted to have freeway
oriented wall mounted signs.
(4) These signs are encouraged on architectural elements to allow visibility for the signs that
are blocked by other buildings. '
Proposed Changes
24
"Freeway oriented signs are permitted as freestanding and wall mounted signs. Freestanding
signs may identify centers, multiple tenants, and/or single tenants. Wall mounted signs may
idemify single tenants occupying a~ entire building and located on a parcel. Wall moufited signs
shall not be permitted for multi tenant buildings. These signs are only permitted for parcels or
shopping centers that abbot the freeway.
(1) Number of signs permitted:
One single tenant identification sign per parcel not located in a shopping center
that is occupied entirely by one business.
One multi tenant identification sign per shopping center if the shopping center is
larger than 3 acres.
Two multi tenant identification signs per shopping center if the center has
greater than i000 feet of frontage.
(2) Maximum sign area shall be:
50 square feet for single tenant identification signs.
100 square feet for multi tenant identification signs.
may include the center's name.
The permitted sign area
(3)
Maximum sign structure height shall be 25 feet, except that higher signs may be
justified through the use of a flag test. ttowever, these signs shall never exceed 45 feet
in height.
(5)
A fleestanding fleeway oriented sign shall only be allowed as a pylon sign. Pole signs
shall not be allowed.
(6) Multi tenant signs shall identify a maximum of three tenants.
(b)
Requirements for Wall Mounted Freeway Oriented Business Identification Signs in
Commercial Districts
The Same as Section 17.28.240."
Comment Group Rationale
Freeway signs are very important to survival of businesses that locate adjacent to the freeway.
They inform consumers of the location of available services and increase City's sales tax revenues.
The City should require attractive freeway signs. The City may explore other options to provide
an alternative or supplement to freeway signs by placing multiple tenant signs before each off-
ramp. These signs may include businesses that do not abut the freeway. This program is
Staff Comments
Staff concurs with the Comment Cn'oup's suggestions.
Sign Committee Recommendation
The Sign Committee concurs with Staff Comments with the following modifications:
(1) Number of signs permitted:
One single tenant identification sign per parcel not located in a shopping center
that is occupied entirely by one Business.
One multi tenant identification sign per shopping center if the shopping center is
larger than ~.7~res.
Two multi t~nant identification signs per shopping center if the center has
greater than IC, CC, 1330 feet of frontage.
(7)
Businesses with freestanding freeway signs shall only be permitted a maximum of
three signs which may include a freestanding freeway sign, a wall mounted sign
which shall not be visible from the freeway, and a monument sign identifying the
business on a street oriented single tenant sign or a multi tenant sign.
Sign Committee Rationale
along the fleeway. ~ -'~
Stafl"s Position x
After listening to the Comment Group's rationale, the Sign Committee has agreed with the
overall idea and has offered theLr own compromise to ensure consistency within the proposed
ordinance.
COMlVEENT #32
Page 24, Section 17.28.230 (a) (1) and (3)
Existing Language
"(1) Maximum sign area shall be 90 square feet.
(3) A maximum of three (3) tenants shall be allowed for each multi tenant sign."
Proposed Changes
"(I) Maximum sign area shall be 10Q square feet.
(3) Delete
(5) The minimum letter size shall be 5 inches.
(6) The center name may be added to multi tenant signs but shall not exceed 20 square feet."
Comment Group Rationale
(3)
(s)
(6)
The existing City policy is i00 square feet.
The existing City policy sets no limits to the number of tenants. It is very imporca. at to
identify the small tenants on the fleestanding si,mu to give them exposure their survival
depends on it. As long as the maximum area is set the City should permit the property
owner decide how many tenants can be identified on the sign.
Ia order to make the signs readable, a minimum letter size of 5 knches should be added to
the standard.
The centers should have the option of identifying their center name on their multi tenant
sign without being pe~ll-ed for using the square footage for their multi tenant sign.
Staff Comments
(1) The I00 square feet is acceptable. The recommended 90 square feet in the existing
language was tied with the maximum of three tenants on each sign giving each one 30
square feet.
(3) With the added minimum 5 inch letter height and the maximum I00 square feet sign area,
staff concurs with the Comment G-roup's suggestion.
(5) "Staff concurs with the Comment G'roup's suggestion.
(6) The Ordinance permits a generous number of center identification signs for centers, two
per major entrance. However, smaller centers may not justify center identification signs.
They should be pertained to display their center name on the sign. The maximum
permitted 100 square should be large enough for these centers to identify themselves.
Therefore, the following language is incorporated:
"(6) The center name ml.v be added to multi tenant signs but the total signs area including the
center name shall not exceed 100 square feet."
Sign Committee Recommendation
IU2qAA-SE.I~'SlGN~B[SAGR~.E.PCI 2/13197 m 27
The Sign Cornre/tree concurs with Staff Comments with the 'following mod/fications:
(5) The minimum letter size shall be 5. 12 inches.
Sign Committee Rationale
The Sign Committee did not think the proposed 5 inch minimum letter height is large enough to
be readable from a car traveling 40 miles an hour. Moreover, the 5 inch letters could permit a
large number of tenants on a sign which makes the sign dLf]cult to read; therefore, ~reating trar~c
hazards. The 12 inch letter sizes would lfmit the number of tenants to 9 or i0 per sign where with
5 inch letters it would be twice as much.
Staff's Position
Staff concurs with the Sign Cornmittee's compromise proposa/. Ten tenants should be enough to
identify the tenants in a shopping center who are not otherwise entitled to their own freestanding
single tenant identification si.ma.
COM3~tENT
Page 35, Section 17.28.430 (a)
Existing Language
Not permitted
Proposed Changes
Permit multi tenant signs for industrial districts. A similar proga-,en to the residential kiosk signs
may be appropriate or standardized signs for all multi tenant indusu-ial buildings.
Comment Group Rationale
It is critical for the tenants in these buildings to be visible from the greet. Kestrictive signage will
cause the abuse of temporary si_~s.
Staff Comments
The existing language in the proposed Ordinance permits center identification signs with
addresses and a dire~ory sign once the customer is on-site. Staff feels this combination would
allow sufficient exposure to the tenants in these multi tenant buildings.
Sign Committee Recommendation
The Sign Committee concurs with Sta.~Comments and recommends no change to the proposed
Ordinance.
COMMZNT #2
Page 3, Section 17.28.010 (g)
Existing Language
'To recognize that the eventual elimination, expeditiously as possible, of existing signs that are
not in conformity with the provisions of this Chapter is as important as is the prohibition of'new
signs that would violate these regulations. It is also the intent of this Chapter that any elimination
of non,conforming signs shall be effected so as to avoid any unreasonable invasion of established
property fights."
Proposed Changes
Delete
Comment Group Rationale
All non-conforming signs must be allowed to remain in use as long as the owners desire.
Staff Comments
Please refer to Staff Comments and Recommendations for Comment # 44.
Sign Committee Recommendation
The Sign Committee does not agree with Staff Comments.
Sign Committee Rationale
The time lines provided in the Ordinance for removal of non-conforming signs are reasonable.
Moreover, the owners ofnon-confo_rgni_'gtsigns depreciate the value of their signs.
Staffs Position p-,,~' ,~.e/,;.q/;,,.,.~ . ~/~ 'c :/,~.; /,.,~ v.,' /,,,,,. "t4dC- ,~,t,~_:gT".~e...=. "
Because of the controversial nature of non-conforming signs, staff would like to offer an option
which permits the adoption of the Sign Ordinance but would delay the determination of non-
conforming signs to a later date. After the adoption of the Sign Ordinance the City will perform a
detailed inventory of all existing signs. After the completion of this inventory, staff can then
determine all the non-conforming signs in the City and the Planning Commission and City Council
can therefore make informed decisions about non-conforming signs_
Sign Committee Rationale
The Sign Committee did not agree with the Comment Groups Rationale. The standard sign
still provides for individuality since real estate agents can place their logos on the standard
sign. If the standard sign does not work for some applications, a window sign can be used
instead. According to the members on the Sign Committee who axe knowledgeable about these
reusable standard signs, the initial cost of these signs is less than $500.
Staff's Position
After listening to the Sign Committee rationMe, staff concurs with the Sign Committee's vision
for Temecula..
COZ~M~Z~T #44
Page 46, Section 17.2g.~)60 (a)
Existing Language
"(a) Purpose and Intent
It is the intent o.f this section to recognize that the eventual elimination, expeditiously as
possible, of existing signs that are not i~i conformity with the proviaons of this Chapter is as
importtrot as is the prohibition of new sigr~ thatwould violate these regulations. ft is also the
intent of this sec~on that any eliml)Tation of non-,:onforming s~gns shall be e.~ected so as to
avoid ~lry unreasonable invasion of established property rqghts. For the purpose o.f this Section
s~gns shah pertain to permanent arid temporary signs except those identified ~n Section
! 7. 28. 960 (c), Removal F/~thout ~Vot~ce of~Vominal Value Signs within the ?ublic 2~ght of rV'ay."
Proposed Changes
"(a) Purpose and Intent
It is the intent of this section to reco.Lrnize that the non-conforming signs shall remain in use as
long as desired."
Comment Group Rationale
The time limits set in the existing lan_maage a. re not reasonable since the life expectancy of most
si,~ns exceed beyond 10 years. The Ordinance must permit all non-conforming si_m~s to stay
without a time limit to remove them. It is unfair to business owners to remove signs that were
built in compliance with the standards in effect at the time of conra'uction of the signs. They
proceeded in good faith with the construction of the sign and in most instances they did not build
their signs to the maximum aftowed by the Ordinance to produce more attractive signs for the
community.
The Comment Group beEeves that signs are a critical part of'survival of a business specially small
businesses. By taking away their signs they would lose their business which in turn would
produce a lot of vacancies, which in turn would bring down property values, increase crime, etc.
Not tO mention reduced sales tax revenues to the City. The Ordinance should treat small
businesses fairly and same as the bigger businesses such as the auto dealers and large shopping
centers.
If' the City feels some signs are in poor taste, the Ordinance should provide incentives to
encourage businesses to replace their non-conforming signs by better signs. However, expecting
the businesses to take down their signs is econo~caJly infeasible and morally unacceptable.
33
Staff Comments
While the concerns raised by the Comment Group are valid, there is a concern that this would
achieve the goals of the Gener~l Plan. Even though the Sign Committee felt that most signs in the
City appeared attractive, the amortization provisions are important to the future of Temecula.
Incemive could be provided to encourage the replacement of non-conforming signs.
Sign Committee Re~:ommendation
The Sign Committee does not a~ee with Staff Comments.
Sign Committee Rationale
Refer to Comment #2.
Staff's Position
Refer to Comment ~2.
34
CO~B'I]BNT #4~
Existing Language
Page 46, Section 17.28.960 (b)
"(b) Continued Use of Non-Conforming Signs
A non-coaforming sign may be continued to be used for the period specified in Section 17.28.960
(c), and shall be properly maintained in a~cordance with See'don 17.28.900 (g), Maintenance
Responsibility of Signs, but may not be:
(I)
(3)
(4)
Changed to another non-conforming sign
Improved or strumrally altered so as to extend its useful life
Expanded
Rees~aMished after rl,~contizrucmce for 90 days or more
Reestablished ax~er damage or destruction or more than 50 percent of ks value
Moved or relocated"
Proposed Changes
"(b) Continued Use of Non-Conforming Signs
A non-conforrr~ig sign may be continued to be used and shall be properly maintahed in
accordance with Section 17.28.900 (g), Maintenance Responsibility of Signs, but may not be:
G)
(2)
(3)
Changed to another non-con_Forming si,m~
Expanded
Reeslablished alter damage or destruction or more than 50 percent of its value"
Comment Group Rationale
See Cogent Croup Rationa~e for Section (a), Cogent ~ 44.
Staff Comments
Staff does not agree with the Cogent Group's deletion of Sections (2), (4), and (6). These
Sections are reasonable restrictions for non-conforming signs.
Sign Committee Recommendation
The Sign Committee concurs with Staff Comments.
COM1M2ENT P,46
Page 46, Section 17.28.960 (c)
(c) Removal of Non-Conforming Signs
Non-conforming signs which may be abated without payment of compensation Any sign
which does ndt comply with the requirements of this Chapter and which may be abated
without the payment of compensation Furs ant to Section 5497 or Section 5498 of the
Business ~d Professions Code shall be brought into compliance with the requirements of
this Chapter as soon as may reasonably be accomplished a~d in no event later than six
(6) months after the date of adnption of this Ordintmce, unless such period is extended by
the Platruing Commission for good cause shown. Any sign which is not brought into
conformance with the requirements of this Chapter within that ame shall be subject to a
notice of violation pursuant to Section 17. 28. 900 (a), Notice of Violation.
Other non-conforming signs Any sign which does not conform to the requirements of this
Chapter, other thorn the auto mall center identification sign including its electronic
message board in existence at the time of the adoption of this Chapter, shall be removed
in accordance with the following amorti:ation schedule. Any sign which is not brought
into conformance with the requirements of this Chzzpter within the .soecified time shall be
subject to a notice of violation pursuant to Section 17.28.900 (ad, Yoace of Violation.
Temporary Signs - 62vfonths
Signs with wooden face or supports - l Year
F/all Signs - 7 Yecrrs
Morrumenr Signs - 7 Years
Pylon and Pole Signs - i O Years.
All other permanent signs 10 YeaTs- 10 yeats"
Proposed Changes
Delete
Comment Group Rationale
See Comment Group Kationa/e for Section (a), Comment ~.44.
Staff Comments
See Staff Comments for Section (a), Cogent ~-44.
K:',NA,~F,H.g~ GN'~I&~,GiLF. F_I~,I ~,'1J,97 m 3 6
Sign Committee Recommendation
The Sign Committee does not agee with Staff Comments.
Sign Committee Rationale
Refer to Comment #2.
Staff's Position
Refer to Comment #2.