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
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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
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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
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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:
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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
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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
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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
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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
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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;
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PLANNING COMMISSION RESOLUTION NO. 2012-_
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"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;
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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;
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PLANNING COMMISSION RESOLUTION NO. 2012-_
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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):
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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.
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PLANNING COMMISSION RESOLUTION NO. 2012 -
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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.
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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
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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
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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
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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
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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
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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
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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
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