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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 R:\V/IMBERVG\PLANCOMM1AGENDAS',A=21-97.WPD 4/17/97 vgw 2 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: R:\HOGANDLM5PA96.CCA 4/16/97 dwh 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. R:\HOGANDLMSPA96.CCA 4/16/97 dwh 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 R:\STAFFRFI'G45PA96.1~c 4/17/97 ekd 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) R:\STAFFRPT~SPA96.pcc 4117~7 ckd 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 R:~STAFFRFrX345PA96.pcc 4/17/97 ckd 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. R:\STAFFRPTLMSPA96.pce 4/17/97 ckd 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 P-:~STAI~I~,FI'~345PA~.pcc 4/17/97 ckd 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. R:XSTAFF~SPA~.pcc 4/17/~7 ckd 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. R:',STAFFRF~34SPA~d,pcc 4/17/97 ckd 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 R:~STAFFRFI'X345PA96.pcC 4/17/97 ckd 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. R:\STAFFRPT',345PAgd.pc.~ 4/17/97 ckd 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) R:~STAFFRFT~3PA~7.PC 4116197 ki'o 1 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 R:\STAFFRFIX33PA97.PC 4116197 k~o 5 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 R:\$TAFFP, PTX33pA97.PC 4/16/97 klb 9 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? [] [] [] [] [] [i [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [1 [] [] [] [1 [] [] 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)? [] [] [] [] [] [] [] [] [] [1 [1 [] [] [] [] [] [] [] [] [] [1 [] [1 [1 [] [] [] t] [] [] [] [] [] [1 [1 [] [] [1 [] [] [] [] [] [] [1 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? [1 [] [1 [1 [] [] [] [] [1 [1 [] [] [] [] [] [] [] 1] [] [] [] [] [] [] [] [] [] [] [] [] [1 [1 [] [] [] [] [] [] [] [] [] [] [] [1 [] [1 [] [] 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? [] [] [1 [x] [1 [1 [1 Ix1 [] [1 [1 [~ [1 [] [1 ix] [1 [1 [1 [~ [] [] [] [x] [1 [1 [] [x'] [1 [] [1 [x] [1 [1 [] [x] [] [] [1 FI [1 [1 [] [x] [] [] [1 [x] [1 [] [1 Ix] [1 [1 [1 [x] [] [] [1 [x] [] [] [] ['x'] [] [] [1 [x] 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? [] [] [] [] [] [] [] [] [] [] 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? [] [] [] [1 [] [] [] [] [] [1 [] [] [] [] [] [] [] [] [] [] [1 [] [] [1 [1 [1 [] [] R:XSTAPFRPT~0PA97.PCI 4114197 mf 24 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, -2- 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. -6- 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 -7- 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 -8- 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 - 10- 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 -11- 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 - 12- 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 -13- 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 - 14- 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. -15- 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. - 16- (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. -17- 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 -18- 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: - 19- (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. - 20 - 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. -21 - 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 - 22 - (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 - 23 - 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 ~~.~ Phone: ddress: 37/-/5' ?,,x~ v,.~/~ A Tr,/,1 ~4~ g//'2 fEZ/ Phone: /~ ~//'/- E¢'5 /'.~ Address: "rE m E Phone: Name:,_'Cbc-x Phone: Phone: Phone: ~ Signature:~/y/~,~ Address: P hone: ,4'~7,K- Name; Signature! Address: Phone: Signature:,-~,,,,, ,,/~ / ~ ,~) Name: Signature: Address: Phone: Phone: Name: Signature: Address: Phone: Name: Signature: Address: Phone: Name: Signature: Address: Phone: Name: "~%~ Signature: Address: Phone: ¢~ Name: Signature: Address: Phone: 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. R:\STAFFRtrI~127PA95.PC7 4/11/97 klb ] 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 R:\STAFFP, PTXI2~PA95.PC7 4/11/97 klb 2 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, R:~STAFFRPTXI27PA95.PC7 4/11197 klb 6 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 R:XSTAFFRFI'II27PA95.PC/4111197 kill 7 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.