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HomeMy WebLinkAboutItem No. 1CITY OF LADE TO: FROM: DATE: LSINORE DREAM EXTREME. REPORT TO PLANNING COMMISSION HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION WARREN MORELION, AICP ACTING COMMUNITY DEVELOPMENT DIRECTOR SEPTEMBER 4, 2012 SUBJECT: ZONING ORDINANCE TEXT AMENDMENT NO. 2012 -02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 17.196 (SIGNS — ADVERTISING STRUCTURES) BY AMENDING SECTIONS 17.196.020, 17.196.100, 17.196.110, 17.196.160 AND ADDING SECTION 17.196.165 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING LIMITED OFF -SITE ADVERTISING APPLICANT: CITY OF LAKE ELSINORE: 130 SOUTH MAIN STREET, LAKE ELSINORE, CA 92530 Background One of the important visitor destinations within the City of Lake Elsinore is Diamond Stadium. However, the stadium is located approximately ''Y2 mile from Interstate 15 and has no signage along the freeway to draw visitors to the City. Similarly, there are special events within the City that would benefit from off -site advertising opportunities such as those provided through the use of banners and flags located within public rights -of -way. Chapter 17.196 of the Lake Elsinore Municipal Code ( "LEMC ") sets forth the City's regulations regarding advertising structures. Zoning Ordinance Text Amendment No. 2012 -02 includes proposed amendments to LEMC Sections 17.196.020 (Definitions), 17.196.100 (Prohibited signs), 17.196.110 (Advertising on public property), and 17.196.160 (Temporary signs) and the addition of Section 17.196.165 (Temporary Street Banners, Light Pole Banners and Flags) in order to provide for the limited use of off -site signage to advertise cultural, civic, patriotic or special events or activities of general public interest taking place within the City of Lake Elsinore. PC September 4, 2012 Item No. 1 Page 1 of 28 ZONING ORDINANCE TEXT AMENDMENT NO. 2012 -02 SEPTEMBER 4, 2012 PAGE 2OF3 Discussion Pursuant to LEMC Chapter 17.196 (Signs - Advertising Structures) permitted signs are generally limited to on -site commercial signage. Other than temporary advertising for new residential developments, off -site signs (including billboards) are for the most part prohibited. Section 17.196.100 (Prohibited signs) prohibits all signs that are not specifically permitted by Chapter 17.196 or specifically allowed by a specific plan, overlay district or other section of the LEMC. The proposed amendment of Section 17.196.100 would add "development agreement" to the list of documents that can specifically allow otherwise prohibited signs. With this change, facilities such as Lake Elsinore's Diamond Stadium, which are not located adjacent to the freeway, would have the opportunity to request off -site signage that could be used to better highlight the City's attractions. Many cities use banners suspended over streets ( "street banners ") and banners and flags mounted on light poles to provide notice of upcoming special events. This type of temporary signage provides cities with an opportunity to highlight and draw the public's attention to upcoming events. Advertising on public property is addressed by LEMC Section 17.196.110 which states that: "No person, except a public officer or City employee in the performance of his duty shall paste, post, paint or erect any flag, pennant, sign or notice of any kind or cause the same to be done upon public property, street, bridge, or sidewalk within the City." However, an exception to this general prohibition is also provided by Section 17.196.110 which provides that signs and banners for special events to benefit the entire community can be authorized by the City Manager. The proposed LEMC amendments would expand upon this exception by permitting banners to be suspended across roadways within the City and to provide design standards, time frames and other provisions to regulate the installation of temporary street banners or banners and flags mounted on light poles. They are contained in the attached documents and are summarized in the following table. Proposed Revision Description of Revision Amends §17.196.020 Relocates the definitions for "Banner" and "Pennants and flags" (Definitions) from Section 17.196.160 (Temporary signs) to Section 17.196.020 in order to have all definitions located in one section and modifies the definition of "banner". Also adds definitions for "Light post banner', and "Street banner". Amends §17.196.100 Adds "a development agreement pursuant to LEMC 19.12" to the (Prohibited signs) list of documents that can specifically allow otherwise prohibited signs. Amend §17.196.110 Amends the exception to advertising on public property for "signs (Advertising on public and banners for special events" so that the exception would apply property) to signs and banners that promote "cultural, civic, patriotic or specific events or activities of general public interest taking lace PC September 4, 2012 Item No. 1 Page 2 of 28 ZONING ORDINANCE TEXT AMENDMENT NO. 2012 -02 SEPTEMBER 4, 2012 PAGE 3OF3 It should be noted that these proposed amendments are designed as a limited public forum and are not intended as a forum for unrestricted speech. The proposed amendments will not change current City regulations prohibiting the placement of commercial and political advertising within street rights -of way, on any traffic - control sign, or on private or public utility company poles. Environmental Determination The proposed amendment of Chapter 17.196 of the LEMC is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Section 15061(b)(3) (common sense exemption) in that it can be seen with a certainty that there is no possibility that adoption of Zoning Text Amendment No. 2012 -02 may have a significant effect on the environment. Recommendation Staff recommends that the Planning Commission take the following actions: 1. Adopt Resolution No. 2012 -_, recommending to the City Council of the City of Lake Elsinore approval of Zoning Ordinance Text Amendment No. 2012 -02. Prepared by: Richard J. MacHott, LEED Green Associate Senior Planner Approved by: Warren Morelion, AICP Acting Community Development Director Attachments: 1. Resolution No. 2012 -_ recommending to the City Council of the City of Lake Elsinore approval of Pre - Annexation Zone Change No. 2012 -01 2. "Draft" City Council Ordinance PC September 4, 2012 Item No. 1 Page 3 of 28 within the City' and to reference proposed temporary street banners, and light pole banners and flags regulations set forth in a new Section 17.196.165. Amends §17.196.160 Deletes the definitions for `Pennants and Flags: and 'Banners" from (Temporary signs) this section and places them in Section 17.196.020 (Definitions). Adds New §17.196.165 Adds new section to Chapter 17.196 that addresses temporary (Temporary Street street banners and light pole banners and flags. These provisions Banners, Light Pole establish size, content and use restrictions. Banners and Flags) It should be noted that these proposed amendments are designed as a limited public forum and are not intended as a forum for unrestricted speech. The proposed amendments will not change current City regulations prohibiting the placement of commercial and political advertising within street rights -of way, on any traffic - control sign, or on private or public utility company poles. Environmental Determination The proposed amendment of Chapter 17.196 of the LEMC is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Section 15061(b)(3) (common sense exemption) in that it can be seen with a certainty that there is no possibility that adoption of Zoning Text Amendment No. 2012 -02 may have a significant effect on the environment. Recommendation Staff recommends that the Planning Commission take the following actions: 1. Adopt Resolution No. 2012 -_, recommending to the City Council of the City of Lake Elsinore approval of Zoning Ordinance Text Amendment No. 2012 -02. Prepared by: Richard J. MacHott, LEED Green Associate Senior Planner Approved by: Warren Morelion, AICP Acting Community Development Director Attachments: 1. Resolution No. 2012 -_ recommending to the City Council of the City of Lake Elsinore approval of Pre - Annexation Zone Change No. 2012 -01 2. "Draft" City Council Ordinance PC September 4, 2012 Item No. 1 Page 3 of 28 RESOLUTION NO. 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF ZONING ORDINANCE TEXT AMENDMENT NO. 2012 -02. WHEREAS, Chapter 17.196 (Signs — Advertising Structures) of the Lake Elsinore Municipal Code ( "LEMC ") sets forth various procedures and regulations regarding the provision of signage on private and public property within the City; and WHEREAS, the City of Lake Elsinore wishes to promote cultural, civic, patriotic or special events or activities of general public interest taking place within the City of Lake Elsinore; and WHEREAS, the Community Development Department of the City of Lake Elsinore has initiated an amendment of the LEMC to amend Chapter 17.196 in order to provide for the limited use of off -site signage to advertise events or activities of general public interest taking place within the City of Lake Elsinore; and WHEREAS, Resolution No. 2004 -11 of the City of Lake Elsinore, which establishes procedures and requirements for implementation of the Western Riverside County Multiple Species Habitat Conservation Plan, specifically exempts the adoption or amendment of any land use or zoning ordinance in Section IV — Exemptions: and WHEREAS, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), the City of Lake Elsinore has determined that it can be seen with a certainty that there is no possibility that adoption of Zoning Text Amendment No. 2012 -02 may have a significant effect on the environment; and therefore the zoning text amendment is exempt from CEQA; and WHEREAS, Section 17.188.040 of the LEMC requires the Planning Commission of the City of Lake Elsinore to review proposed amendments to the LEMC and after examining the proposed amendment to make recommendations of its findings to the City Council; and WHEREAS, at a duly noticed public hearing on September 4, 2012, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: PC September 4, 2012 Item No. 1 Page 4 of 28 PLANNING COMMISSION RESOLUTION NO. 2012-, PAGE 2 OF 13 SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed the proposed Zoning Text Amendment pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code (LEMC) and finds and determines that the proposed Amendment is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the LEMC. SECTION 2. The Planning Commission hereby finds and determines that Zoning Text Amendment No. 2012 -02 is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "State CEQA Guidelines ") pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Specifically, the Planning Commission finds that there is no possibility that adoption of Zoning Text Amendment No. 2012 -02 may have a significant effect on the environment. SECTION 3. In accordance with Government Code Section 65855, the Planning Commission sets forth the following findings for its recommendation that the City Council approve Zoning Ordinance Text Amendment No. 2012 -02: 1. The proposed zoning text amendments will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed zoning ordinance text amendments have been analyzed relative to their potential to have detrimental effects and it has been determined that the proposed amendments will be beneficial to the public health, safety, comfort and welfare by providing establishing a mechanism whereby the sponsors of special events will have the opportunity to install limited off -site signage that will highlight and draw the public's attention to upcoming cultural, civic, patriotic or specific events or activities of general public interest taking place within the City. 2. The proposed zoning ordinance text amendments are consistent with the Goals, Policies and Implementation Programs of the General Plan and the development standards established with the LEMC. The proposed zoning ordinance text amendments do not create new zoning districts, remove existing zoning districts or otherwise modify land use requirements. The proposed zoning ordinance amendments are procedural in nature and do not affect the density or intensity of uses and will not interfere with the implementation of the goals, policies and implementation programs of the General Plan. PC September 4, 2012 Item No. 1 Page 5 of 28 PLANNING COMMISSION RESOLUTION NO. 2012-. PAGE 3 OF 13 The City will not allow the erection of banners and flags within the public right -of -way for commercial advertising purposes nor otherwise permit the establishment of a public forum through the proposed zoning text amendments. The proposed zoning ordinance amendments will not change current City regulations prohibiting the placement of commercial and political advertising within street rights -of -way, on any traffic- control sign, or on private or public utility company poles. The signage permitted within the public right -of -way by these amendments are not vehicles for commercial or political advertising' they are temporary in nature and are allowed to promote only cultural, civic, patriotic or specific events or activities of general public interest taking place within the City of Lake Elsinore. SECTION 4. Based upon the evidence presented, both written and testimonial, and the above findings, the Planning Commission hereby recommends approval of the amendments to Chapter 17.196 of the Lake Elsinore Municipal Code attached hereto as Exhibit "A ". SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 4th day of September, 2012, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Rick Morsch, Chairman City of Lake Elsinore Planning Commission ATTEST: Warren Morelion, AICP Acting Community Development Director PC September 4, 2012 Item No. 1 Page 6 of 28 PLANNING COMMISSION RESOLUTION NO. 2012-_ PAGE 4 OF 13 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, WARREN MORELION, Acting Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 4th day of September 2012, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Warren Morelion, AICP Acting Community Development Director PC September 4, 2012 Item No. 1 Page 7 of 28 PLANNING COMMISSION RESOLUTION NO. 2012-_ PAGE 5 OF 13 EXHIBIT A The following amendments to Chapter 17.196 (Signs — Advertising Structures) of the Lake Elsinore Municipal Code, which amend Sections 17.196.020 (Definitions), 17.196.100 (Prohibited signs), 17.196.110 (Advertising on public property), and 17.196.160 (Temporary signs) and adds Section 17.196.165 (Temporary Street Banners, Light Pole Banners and Flags), are the currently adopted text with strikethrough text being deleted and underlined text being added. 17.196.020 Definitions. For the purpose of this chapter, certain terms used herein are defined as follows: "Balloon" means an inflatable bag or other inflatable device of any size; a framing; "Building frontage" means the lineal extent of a building or unit along either a street or a public parking area serving the business, not including loading or service areas; "Business identification sign" means any sign erected or maintained for the purpose of identifying a bona fide business being conducted upon the premises on which the sign is located; "Center identification sign" means a freestanding sign structure containing the name identifying an integrated business development and may also include identification signs on which the names and nature of business only within the development are uniformly displayed; "Commercial sign" means any sign excluding noncommercial signs; "Doubleface sign" means a single sign with two parallel sign faces back -to- back; "Electric sign" means an advertising structure served or energized with electrical current for purpose of illuminating or for any other purpose; "Freestanding sign" means any permanent sign not attached to a building; "Freeway" means a highway with respect to which the owners of abutting lands have no right of easement or access to or from their abutting lands, or in respect to which such owners have only limited or restricted easement or access PC September 4, 2012 Item No. 1 Page 8 of 28 PLANNING COMMISSION RESOLUTION NO. 2012 - PAGE 6 OF 13 and which is declared to be such in compliance with the Streets and Highway Code of the State; 'Integrated development' means a development consisting of five or more interrelated business establishments, in separate units, using common driveways and on -site parking facilities; "Light post banner" means any sign of cloth, plastic, or similar lightweight material used for advertising purposes which meets the dimensional requirements set forth in this chapter and is intended to be installed on light posts; "Monument sign" means a low profile sign, not exceeding five feet in height, supported by a solid pedestal extending under the entire length of the sign; "Noncommercial sign" means any sign, including political signs, not advertising a business or product for sale, whether on or off site; "Off -site sign" means any sign, including billboards, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises, and only incidentally on the premises if at all; "Pennants and flags" means small strips of cloth or plastic fabric triangularly or rectangularly shaped and a rectangular piece of fabric on poles used as advertising devices; "Permanent reader panel" means a permanently constructed changeable copy bulletin board lighted or unlighted with detachable precut letters and figures; "Political sign" means a sign relating to a forthcoming public election or referendum indicating the name and /or picture of an individual seeking election to a public office, or a sign pertaining to issues, or a sign pertaining to the advocating by persons, groups, or parties of the political views or policies; "Portable sign" means any movable external sign that is not permanently secured or attached to an approved permanently established structure, support or anchor; "Projecting sign" means any sign which is affixed or attached to, and is supported solely by, a building wall or structure, or parts thereof, and extends beyond the building wall, or structure or parts thereof, more than 12 inches and whose angle of incidence to said building wall, structure or parts thereof, is greater than 30 degrees; "Roof sign" is any sign erected, constructed and maintained wholly or partially above the roofline; PC September 4, 2012 Item No. 1 Page 9 of 28 PLANNING COMMISSION RESOLUTION NO. 2012-_ PAGE 7 OF 13 "Roofline" means the height above the eaves line on sloped roofs, and above the roof covering on flat roofs except parapet walls; "Sign" means and includes every announcement, declaration, demonstration, display, illumination, insignia, surface or space when erected or maintained in view of the general public for identification, advertisement or promotion of the interests of any business or person; "Sign area" means the entire area within the outside border of the sign. The area of a sign having no continuous border or lacking a border shall mean the entire area within a single continuous perimeter formed by no more than eight straight lines enclosing the extreme limits of writing, representations, emblem, or any fixture or similar character, integral part of the display or used as a border excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back -to -back and are at no point more than three feet from one another, the area of the sign shall be taken as the area of one face if the two faces of equal area, or as the area of the larger face if the two faces are of unequal area; "Street banner" means anv pennant, streamer, flap, sign picture figure or other object, regardless of the material of which it is made which is suspended or otherwise displayed over anv public street way or place designed for decoration or advertisement: "Street frontage" means the lineal extent of a parcel of land along a street; "Temporary sign" means any sign constructed of, or painted on, cloth, canvas, light fabric, cardboard, wallboard, plastic, or other light material; "Wall sign" includes all flat signs, either of solid face construction or individual letters, which are placed against the exterior wall of any building or structure and extending not more than one foot from the face of the building and having the advertisement on one face only. [Ord. 937, 1992. Code 1987 § 17.94.020]. 17.196.100 Prohibited Signs All signs not specifically permitted by other provisions of this chapter shall be prohibited. The following signs shall not be permitted unless specifically allowed by a specific plan, overlay district, a development agreement pursuant to LEMC 19.12, or other section of this code: A. Portable signs, such as freestanding or wheeled signs higher than 42 inches in height, and metallic balloons; B. Vehicles containing advertising parked on public or private property for the primary purpose of advertising or directing attention to a permanent business; PC September 4, 2012 Item No. 1 Page 10 of 28 PLANNING COMMISSION RESOLUTION NO. 2012 -_ PAGE 8 OF 13 C. Signs which incorporate in any manner any flashing, moving or intermittent lighting; D. Rotating or animated signs, or signs which contain any moving parts; E. No signs, lights or other advertising structure shall be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic, or in such a manner as to obstruct free and clear vision at any location where, by reason of the position, shape, color or movement may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, nor shall such sign advertising structure make use of any word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic; F. Spinners or similar advertising devices; G. Signs which exceed the roofline or parapet to which such signs are attached; H. Any off -site advertising, including billboards, except as otherwise provided in this chapter. This prohibition shall specifically not apply to noncommercial signs, including political signs. [Ord. 1068 § 3, 2000; Ord. 937, 1992. Code 1987 § 17.94.090]. 17.196.110 Advertising on public property. A. No person, except a public officer or City employee in the performance of his duty shall paste, post, paint or erect any flag, pennant, sign or notice of any kind or cause the same to be done upon public property, street, bridge, or sidewalk within the City and no person shall attach any item to private utility company poles without prior written approval from the utility company to which such poles belong; B. Exceptions. Signs and banners f^F °^° ^i^' events promoting cultural, civic, patriotic or special events or activities of general public interest taking place within the Citv to the benefit of the entire community and authorized by the City Manager or designee, pursuant to LEMC 17.196.165. [Ord. 937, 1992. Code 1987 § 17.94.100]. 17.196.160 Temporary signs. Temporary signs such as pennants, banners, flags, nonmetallic inflatable devices, balloons, and movable signs shall be permitted for promotional purposes subject to the following regulations: A. All temporary signs shall require a permit and shall be subject to the review and approval of the Planning Division; PC September 4, 2012 Item No. 1 Page 11 of 28 PLANNING COMMISSION RESOLUTION NO. 2012-_ PAGE 9 OF 13 B. Pennants, banners, flags, nonmetallic inflatable (small or large) devices (balloons), and movable signs shall be displayed only at the location where the promotion occurs; C. The maximum number of temporary signs permitted per occurrence period shall be two sign types; D. The display of temporary signs for promotional purposes shall be subject to the following additional regulations: 1. Pennants and flags (defined as small strips of Gleth or plaStiG fabFio a. Pennants and /or flags on strings and flags on poles shall be allowed for a maximum of 30 consecutive days per occurrence period, six times per calendar year. No more than two occurrence periods shall be combined at any one time. Each occurrence period shall be separated by at least 14 consecutive days if not combined; b. Flags on poles shall be limited to 10 flags per occurrence period. Each flag shall not exceed 15 square feet in area; c. The height of pennants and /or flags on strings and flags on poles shall not exceed 20 feet above grade; d. Pennants and /or flags shall be kept in good condition at all times. 2. Banners (defined as large strips of G!Qth J" a. Banners shall be allowed a maximum of 30 consecutive days per occurrence period, four times per calendar year. Each occurrence period shall be separated by at least 30 consecutive days; b. Only one banner shall be permitted per building and /or tenant apace; c. Banner sign area shall not exceed 50 square feet; d. Banners shall be attached to the building or canopy parallel to the building face. No portion of any banner shall project more than six inches from the face of the building or canopy to which it is attached; e. Banner shall be kept in good condition at all times. 3. Small inflatable nonmetallic devices (balloons): PC September 4, 2012 Item No. 1 Page 12 of 28 PLANNING COMMISSION RESOLUTION NO. 2012-_ PAGE 10 OF 13 a. Balloons 12 inches or less in diameter may be allowed without a temporary sign permit on Fridays, Saturdays, and Sundays and on legal holidays if the holiday is on a Thursday or Monday; b. The height of the balloons shall not exceed 45 feet above grade. 4. Large inflatable nonmetallic devices (balloons): a. Balloons greater than 12 inches in diameter such as inflatable statuary, or a hot air balloon may be allowed with a temporary permit a maximum of 30 consecutive days per occurrence period, four times per calendar year. Each occurrence period shall be separated by 30 consecutive days and must be included as part of a permitted promotional period; b. The height of the balloons shall not exceed 55 feet above grade; c. Balloon shall be allowed only on private property; d. Balloon shall be placed so as not to impede pedestrian and vehicular traffic; e. Balloon shall be properly secured to the ground or a structure to withstand extreme wind conditions; f. Balloon shall be kept in good condition at all times; g. Only one balloon shall be permitted per building or tenant space. E. Movable signs defined as sandwich boards, made of wood, plastic, or metal which may contain commercial information may be allowed with a sign permit reviewed and approved by the Planning Division on a yearly basis subject to the following additional regulations: 1. Only one movable sign shall be permitted per tenant space; 2. Sign area shall not exceed 30 inches wide and 42 inches high and have no more than two faces; 3. Sign must be placed so as not to impede pedestrian and vehicular traffic; 4. Sign shall be allowed only on private property; 5. Sign shall be displayed only during operating business hours; 6. Sign shall be kept in good condition at all times. PC September 4, 2012 Item No. 1 Page 13 of 28 PLANNING COMMISSION RESOLUTION NO. 2012 - PAGE 11 OF 13 F. Temporary window signs may be allowed without a temporary sign permit subject to the following regulations: 1. Sign area shall not exceed 25 percent of the window area; 2. Holiday window decorations shall be permitted. The duration for the decoration of the window shall be limited to a period not exceeding six weeks prior to the holiday and two weeks following the holiday. [Ord. 1068 § 3, 2000; Ord. 937, 1992. Code 1987 § 17.94.150]. 17.196.165 Temporary Street Banners, Light Pole Banners and Flags. Street banners and light pole banners and flaps that are used for promoting cultural, civic, patriotic or special events or activities of general public interest taking place within the City shall be permitted subject to the following regulations: A. Street banners, light pole banners and flags shall not be used for political or commercial advertising, except that logos and trademarks of sponsoring organizations shall be permitted. The total area of logos and trademarks shall be limited to twenty -five (25) percent of each banner or flag area. B. Graphic /text design is required on both sides of each banner or flag. C. No person shall install any street banner, light pole banner and /or flag without a permit submitted in accordance with the procedures set forth in LEMC 17.196.040. A separate permit shall be required for each location provided, however, that all banners and flags installed in one city block or in multiple contiguous city blocks, by one permittee, shall be deemed to be at the same location. D. Permits will be issued on a first -come, first - served basis and shall be valid for a term not to exceed thirty (30) days. City- sponsored and City co- sponsored events shall have approval priority over other events located within the City of Lake Elsinore. E. Banners and flaps shall not obstruct the public's view of traffic signals street signs, or any other regulatory, directional, or other City- approved signs in any way. F. Banners and flags shall not be displayed for more than thirty (30) days prior to the beginning of the event. G. All banners and flags shall be removed by the applicant within forty- eight (48) hours after the conclusion of the event that the banners and flags are promoting or of the end of the approved banner or flag display period whichever occurs first. PC September 4, 2012 Item No. 1 Page 14 of 28 PLANNING COMMISSION RESOLUTION NO. 2012 - PAGE 12 OF 13 H. All parts of street banners shall be maintained at a minimum height of fourteen (14) feet above the sidewalk or sixteen (16) feet above the roadway. I. The length of street banners shall not exceed twenty (20) feet and their width shall not exceed three (3) feet. Street banners shall include semi- circular wind holes. J. All proposed light pole banners shall be a maximum three (3) feet wide and five (5) feet high. All parts of light pole banners shall be maintained at a minimum height of eight (8) feet above the sidewalk. K. No permits shall be issued for banners or flaps on streets where adioining land use is primarily residential. L. Applications for banners and /or flaps proposed to be attached to any Private property (e.g. buildings) shall be accompanied by an affidavit from the property owner authorizing the use of private property. M. The applicant must obtain permission to attach banners and /or flaps to any public utility maintained light pole or other utility pole and shall provide evidence of such permission to the City prior to the issuance of the temporary permit. N. The applicant must obtain an encroachment permit issued by Caltrans in order to attach banners and /or flags within the public right of way of any State Highway and shall provide evidence of such permit to the City prior to the issuance of the temporary sign permit. O. Banners and flaps shall be inspected frequently by the permittee for any damage or tears to the banner, associated hardware or the approved pole. If any damage or tears exist, the banner and /or flag and all its attachments shall be removed immediately by the permittee at no cost to the City P. Unless waived or modified by the City Manager, applicant shall submit with a company with a rating approved by the City Attorney. The City and its officers, agents and employees shall be named as additional insureds on said Policy and the City shall be provided with a certificate of insurance evidencing this fact. Q. The applicant shall also agree to indemnify the Citv its officers and employees from any claim or liability. 1. The applicant shall submit proof of personal injury and propert y damages insurance of the combined limits of $1,000,000. Such PC September 4, 2012 Item No. 1 Page 15 of 28 PLANNING COMMISSION RESOLUTION NO. 2012 - PAGE 13 OF 13 insurance shall provide coverage and be placed with a company with a and the City shall be provided with a certificate of insurance evidencing this fact. Both the applicant and any independent contractors shall also provide copies of their workers' compensation certificates for all employees. R. Banners and flags may be subject to a $500.00 cash bond in order to guarantee prompt removal upon expiration of the approval period. S. The Citv of Lake Elsinore is not responsible for the disappearance of or damage to banners and /or flags from any cause including but not limited to wind, weather, theft or vandalism. T. All fees associated with the installation, maintenance and removal of banners and flags shall be the responsibility of the applicant and /or permittee. PC September 4, 2012 Item No. 1 Page 16 of 28 ORDINANCE NO. 2012- ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE, TITLE 17 — ZONING, CHAPTER 17.196 — SIGNS — ADVERTISING STRUCTURES WHEREAS, Chapter 17.196 (Signs - Advertising Structur s) of the Lake Elsinore Municipal Code ( "LEMC ") sets forth various procedures andlations regarding the provision of signage on private and public property within ft and WHEREAS, the City of Lake Elsinore wishes o cultural, civic, patriotic or special events or activities of general public inlere taking a within the City of Lake Elsinore; and - `= WHEREAS, the Community D ;lent Department of t "- : ity of Lake Elsinore has initiated an amendment of the C to am`s Chapter 17. in order to provide for the limited use of off -site signage ;ever vents or activities of general public interest taking place within the City of Lake" pre; and WHEREAS, in accordance - 14 of the lifornia Code of Regulations, Section 15061(b)(3), the City of Lake in deterrn rl, .. that it can be seen with a certainty that there is no possibility th _ dopti in T4 xt Amendment No. 2012- 02 may have a significaf?" ffect on t e hm e - 1ad therefore the zoning text amendment is exempZrrh ( ; and T gym. WHEREAS�Iesolution o. 2004 of the City of Lake Elsinore, which establishes proced and r nts fo lementation of the Western Riverside County Multi le Sped o N,O� Ian, specifically exempts the adoption or ame land ",u 'e or zoning or'di ance in Section IV — Exemptions; and EREAS, a con sf ing the amendment and additions to the LEMC at a reguw eeting held o . ,epte 4, 2012, the Planning Commission of the City of Lake re recomme d tha" the City Council approve the amendments to the LEMC, Ti — Zoning, ending Chapter 17.196; and WHER p otice of the amendments have been given and the City Council of the C • = ake Elsinore has considered the evidence presented by the Community Develop ent Department and other interested parties at a public hearing held on 2012 with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed amendment and additions pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed amendments are PC September 4, 2012 Item No. 1 Page 17 of 28 ORDINANCE NO. 2012 - PAGE 2 of 12 consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan. SECTION 2. Pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), the City of Lake Elsinore has determined that it can be seen with a certainty that there is no possibility that adoption of the amendments to Chapter 17.196 of the LEMC may have a significant effect on the environment; and therefore the zoning text amendments are exempt from CEQA. SECTION 3. That in accordance with the State PIa ring and Zoning Law, the City Council hereby makes the following findings for the:u5lyal of the amendments to Chapter 17.196 of the LEMC: ' ' fw, The proposed zoning text amendments safety, comfort or general welfare of t neighborhood of the proposed amen r property or improvements in the neig _ The proposed zoning ordin, their potential to have deb proposed amendments will welfare by providing establ events will have the o porn and draw the p• e events or activf s of a 2. The pro Policies _ 6t be: a) detni d-bWal to the health, Orsons residing of'u ing within the or within tthe City, or ,,,,i)1jrious to the )od or " :'n the City. �'_ text amen have been analyzed relative to tat effects a ; has been determined that the rg e' al to the 'c health, safety, comfort and e a rie�apism y the sponsors of special tmsta� =..off s7 signage that will highlight `'up � ing = dal, civic, patriotic or specific bhGrest taking place within the City. text1j,endments are consistent with the Goals, g.�ams the General Plan and the development opo`sed:onih R. dinance text amendments do not create new zoning �. remo: exi zoning districts or otherwise modify land use ments. TFi - ropo zoning ordinance amendments are procedural in and do not" the density or intensity of uses and will not interfere with ementatio A the goals, policies and implementation programs of the 3. The City well `r,' allow the erection of banners and flags within the public right -of- way for con n "rcial advertising purposes nor otherwise permit the establishment of a public forum through the proposed zoning text amendments. The proposed zoning ordinance amendments will not change current City regulations prohibiting the placement of commercial and political advertising within street rights -of -way, on any traffic- control sign, or on private or public utility company poles. The signage permitted within the public right -of -way by these amendments are not vehicles for commercial or political advertising' they are temporary in nature and are allowed to promote only cultural, civic, patriotic or PC September 4, 2012 Item No. 1 Page 18 of 28 ORDINANCE NO. 2012 - PAGE 3 of 12 specific events or activities of general public interest taking place within the City of Lake Elsinore. SECTION 4. Based upon the evidence presented, both written and testimonial and such other matters as reflected in the record, and the above findings, the City Council hereby adopts the following amendments to Chapter 17.196 of the Lake Elsinore Municipal Code which amend Sections 17.196.020 (Definitions), 17.196.100 (Prohibited signs), 17.196.110 (Advertising on public proprty), and 17.196.160 (Temporary signs) and adds Section 17.196.165 (Teml p et Banners, and Light Pole Banners and Flags) with strikethrough text being deleend underlined text being added. SECTION 5. Section 17.196.020 of the amended as follows: 17.196.020 Definitions. For the purpose of this chapter, certain "Balloon" means an inflatable Code is hereby are defined as of any size; "Building frontage" she lineal s f a buiIW6 or unit along either a street or a public parking d e serving t t n not including loading or service areas; "Business identlfl on sig,Iffi ears any erected or maintained for the purpose of identifying a bonaliut cted upon the premises on which the sign is to t QV__ r identific sign' ans a freestanding sign structure containing the name iden an integrate sineiledevelopment and may also include identification signs on whi he names an ture Wbusiness only within the development are uniformly "Commerc W s any sign excluding noncommercial signs; "Doubleface sig�ieans a single sign with two parallel sign faces back -to -back; "Electric sign" means an advertising structure served or energized with electrical current for purpose of illuminating or for any other purpose; "Freestanding sign" means any permanent sign not attached to a building; "Freeway" means a highway with respect to which the owners of abutting lands have no right of easement or access to or from their abutting lands, or in respect to which PC September 4, 2012 Item No. 1 Page 19 of 28 ORDINANCE NO. 2012 - PAGE 4 of 12 such owners have only limited or restricted easement or access and which is declared to be such in compliance with the Streets and Highway Code of the State; "Integrated development" means a development consisting of five or more interrelated business establishments, in separate units, using common driveways and on -site parking facilities; this chapter and is intended to be installed on light posts; "Monument sign" means a low profile sign, no. °7es five feet in height, supported by a solid pedestal extending under the epl, a sign; "Noncommercial sign" means any sign, in- r'ng political signs, lot advertising a business or product for sale, whether on or e; "Off -site sign" means any sign, including oarlCnrhich directs attention to a business, commodity, service or entertainment Ahd�0 ed, sold or offered elsewhere than on the premises, and only inc n ly on the prises if at all; "Pennants and fla s" means s sine cloth Jastic fabric triangularly or rectangularly shaped and a rectan ua' iece R . ataric ohm• oles used as advertising devices; �M1 `9 " "Permanent re panel ans a-, _rmanently constructed changeable copy bulletin board ligh 1 e . r unlighted with Beta le precut letters and figures; 'Political sign" me a lakti � s4tz - hcoming public election or referendum indicatin a an ic ual seeking election to a public office, or a sign t a ning °, ues k sign pertaining to the advocating by persons, groups, or sign" mean'ny moWa'ble external sign that is not permanently secured or pa.approved , anently established structure, support or anchor; "Projecting m %or" any sign which is affixed or attached to, and is supported solely by, a but r structure, or parts thereof, and extends beyond the building wall, or structure s thereof, more than 12 inches and whose angle of incidence to said building wall, structure or parts thereof, is greater than 30 degrees; "Roof sign" is any sign erected, constructed and maintained wholly or partially above the roofline; "Roofline" means the height above the eaves line on sloped roofs, and above the roof covering on flat roofs except parapet walls; PC September 4, 2012 Item No. 1 Page 20 of 28 ORDINANCE NO. 2012 - PAGE 5 of 12 "Sign" means and includes every announcement, declaration, demonstration, display, illumination, insignia, surface or space when erected or maintained in view of the general public for identification, advertisement or promotion of the interests of any business or person; "Sign area" means the entire area within the outside border of the sign. The area of a sign having no continuous border or lacking a border shall mean the entire area within a single continuous perimeter formed by no more than eight straight lines enclosing the extreme limits of writing, representations, emblem, or any f. or similar character, integral part of the display or used as a border excluding R necessary supports or uprights on which such sign is placed. Where a sign ha- more faces, the area of all faces shall be included in determining the area of#e slgfa except that where two such faces are placed back -to -back and are at not more thar three feet from one another, the area of the sign shall be taken as th rea of one fa�f the two faces of n .- equal area, or as the area of the larger face if j�l o faces are of uneCal area; advertisement: "Street frontage" means the lineal' ent n;aiP�afcel o along a street; f YFb X62 s�'+ 5`"�av +' "Temporary sign" �r sign corute off, dwinted on, cloth, canvas, light fabric, cardboard, w rd, p tic, or of rght materia ; "Wall sign" in ys all flat si either (A olid face construction or individual letters, which are placed g t the I of building or structure and extending not more than one ]root fro ce`o d rig and having the advertisement on one face on ��199 ode 1987 § 1 4.020]. ION 6. SNon 1 6.100 of the Lake Elsinore Municipal Code is hereby follows: Wh 17.1100 Prohibe`�d Signs All signs n6t ec' i]y permitted by other provisions of this chapter shall be prohibited. The id ' , g' signs shall not be permitted unless specifically allowed by a specific plan, overla district, a development agreement pursuant to LEMC 19.12, or other section of this code: A. Portable signs, such as freestanding or wheeled signs higher than 42 inches in height, and metallic balloons; B. Vehicles containing advertising parked on public or private property for the primary purpose of advertising or directing attention to a permanent business; PC September 4, 2012 Item No. 1 Page 21 of 28 ORDINANCE NO. 2012 - PAGE 6 of 12 C. Signs which incorporate in any manner any flashing, moving or intermittent lighting; D. Rotating or animated signs, or signs which contain any moving parts; E. No signs, lights or other advertising structure shall be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic, or in such a manner as to obstruct free and clear vision at any location where, by reasog of the position, shape, color or movement may interfere with, obstruct the view of � be confused with any authorized traffic sign, signal or device, nor shall such sig k'"nerlals rtsng structure make use of any word, phrase, symbol or character in such to interfere with, mislead or confuse traffic; 6 F. Spinners or similar advertising devices; G. Signs which exceed the roofline or H. Any off -site advertising, including b chapter. This prohibition shall specificall y political signs. [Ord. 1068 § 3, 2000.,E which such signs illboc,ex ids otherwise provided in this not app 7 Mncommercial signs, including 937, 199 =de 1987 § 17.94.090]. SECTION 7. Section 17.1960 EIs1tre Municipal Code is hereby amended as follows: M`� 17.196.110A iti p pubI! erty. A. No person, xeept a publifficer or employee in the performance of his duty shall paste, post, pair or erect V— Igg, pen t, sign or notice of any kind or cause the same to be done up o pe t, edge, or sidewalk within the City and no persons c anq to priva ty company poles without prior written approves ,rm t I" co ,y to which such poles belong; f^F sp ^ia' eveRtS promoting cultural, civic, City to t nefit of th 'e ntire community and authorized by the City Manager or designee, p meant to LE 17.196.165. [Ord. 937, 1992. Code 1987 § 17.94.100]. SECTION Eton 17.196.160 of the Lake Elsinore Municipal Code is hereby amended as follow , 17.196.160 Temporary signs. Temporary signs such as pennants, banners, flags, nonmetallic inflatable devices, balloons, and movable signs shall be permitted for promotional purposes subject to the following regulations: A. All temporary signs shall require a permit and shall be subject to the review and approval of the Planning Division; PC September 4, 2012 Item No. 1 Page 22 of 28 ORDINANCE NO. 2012 - PAGE 7of 12 B. Pennants, banners, flags, nonmetallic inflatable (small or large) devices (balloons), and movable signs shall be displayed only at the location where the promotion occurs; C. The maximum number of temporary signs permitted per occurrence period shall be two sign types; D. The display of temporary signs for promotional following additional regulations: 1. Pennants and a. Pennants and /or flags on strings maximum of 30 consecutive days p year. No more than two occurrence p Each occurrence period shall be separ combined; b. Flags on poles shall shall not exceed 15 square c. The exceed 20 d. Penn't1:s and /or flads'shall be 2. Ban 10 shall be subject to the on poles sh "t �.e allowed for a period, six ti % %per calendar ,combined ai% one time. st 14 consecutive days if not r occurrence period. Each flag and flags on poles shall not in good condition at all times. a. Banne ' shall allowed a maximum of 30 consecutive days per :urrence peno, our fl per calendar year. Each occurrence period shall be tarated by at le X530 con'ecutive days; one bare- shall be permitted per building and /or tenant apace; c. Banififtk ��nparea shall not exceed 50 square feet; d. Banners'shall be attached to the building or canopy parallel to the building face. No portion of any banner shall project more than six inches from the face of the building or canopy to which it is attached; e. Banner shall be kept in good condition at all times. 3. Small inflatable nonmetallic devices (balloons): PC September 4, 2012 Item No. 1 Page 23 of 28 ORDINANCE NO. 2012 - PAGE 8 of 12 a. Balloons 12 inches or less in diameter may be allowed without a temporary sign permit on Fridays, Saturdays, and Sundays and on legal holidays if the holiday is on a Thursday or Monday; b. The height of the balloons shall not exceed 45 feet above grade. 4. Large inflatable nonmetallic devices (balloons): a. Balloons greater than 12 inches in diameter suc,I ' inflatable statuary, or a hot air balloon may be allowed with a temporary;,--,3rmit a maximum of 30 consecutive days per occurrence period, four tiesper calendar year. Each occurrence period shall be separated by 30 W"Q s ays and must be included as part of a permitted promotional plod; b. The height of the balloons shall c. Balloon shall be allowed only d. Balloon shall be placed so as traffic; ti k,. e. Balloon shall be pi extreme wind conditions; f. Balloon 55 feet pedestrian and vehicular the get or a structure to withstand 31 g. Only _� balloon s C be perrYid per building or tenant space. E Movable sij de ' ich=lioards, made of wood, plastic, or metal which ontam ercial In 1 `n may be allowed with a sign permit revl��ovr the Planning Division on a yearly basis subject to the a Only one IN ., NtY-*VO area mo f •:? 3. Sign be permitted per tenant space; exceed 30 inches wide and 42 inches high and have no placed so as not to impede pedestrian and vehicular traffic; 4. Sign shall be allowed only on private property; 5. Sign shall be displayed only during operating business hours; 6. Sign shall be kept in good condition at all times. F. Temporary window signs may be allowed without a temporary sign permit subject to the following regulations: PC September 4, 2012 Item No. 1 Page 24 of 28 ORDINANCE NO. 2012 - PAGE 9 of 12 1. Sign area shall not exceed 25 percent of the window area; 2. Holiday window decorations shall be permitted. The duration for the decoration of the window shall be limited to a period not exceeding six weeks prior to the holiday and two weeks following the holiday. [Ord. 1068 § 3, 2000; Ord. 937, 1992. Code 1987 § 17.94.150]. G. All banners and flaps shall be removed by the applicant within forty -eight (48) hours after the conclusion of the event that the banners and flags are promoting or of the end of the approved banner or flag display period whichever occurs first H. All parts of street banners shall be maintained at a minimum height of fourteen (14) feet above the sidewalk or sixteen (16) feet above the roadway. PC September 4, 2012 Item No. 1 Page 25 of 28 ORDINANCE NO. 2012 - PAGE 10 of 12 I. The length of street banners shall not exceed twenty (20) feet and their width shall not exceed three (3) feet. Street banners shall include semi - circular wind holes. J. All proposed light pole banners shall be a maximum three (3) feet wide and five (5) feet high. All parts of light pole banners shall be maintained at a minimum height of eight (8) feet above the sidewalk. coverage and be placed with a company with a rating approved by the Citv Attorney. The City and its officers, agents and employees shall be named as additional insureds on said policy and the City shall be provided with a certificate of insurance evidencing this fact. Both the applicant and any independent contractors shall also provide copies of their workers' compensation certificates for all employees. PC September 4, 2012 Item No. 1 Page 26 of 28 ORDINANCE NO. 2012 - PAGE 11 of 12 R. Banners and flags may be subject to a $500.00 cash bond in order to quarantee prompt removal upon expiration of the approval period. S. The City of Lake Elsinore is not responsible for the disappearance of or damage to banners and /or flags from any cause including but not limited to wind weather, theft or vandalism. SECTION 10. If any provision, clause, sentence or the application thereof to any person or circumsvj invalidity shall not affect the other provisions of this n'i to be severable. SECTION 11. This Ordinance shall.f its final passage. The City Clerk shall certify this Ordinance to be published and posted in PASSED, APPROVED, ANN Council of the City of Lake Elsino adopted at a regular meeting of the on the th day of , 2012. E2 Virginia APPROVED AS Barbara Leibold, City Attorney aragraph of this Ordinance mot be held invalid, such e al ore hereby declared (30) days � the date of Fthis Ordina and cause aired bylaw. Vejq gular meeting of the City on th day of _, 2012, and f th Lake Elsinore, California, ;, Mayor Elsinore City Council PC September 4, 2012 Item No. 1 Page 27 of 28 ORDINANCE NO. 2012 - PAGE 12 of 12 STATE OF CALIFORNIA ) ss COUNTY OF RIVERSIDE ) CITY OF LAKE ELSINORE ) I, VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2012 -_ was introduced at a re, r meeting of the City Council of the City of Lake Elsinore on the m day of gW 2012, and was finally passed at a regular meeting of the City Council of the C � °Make Elsinore held on the 24th day of April, 2012, by the following roll call vote:' AYE NOI AB: AB: PC September 4, 2012 Item No. 1 Page 28 of 28