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HomeMy WebLinkAboutCity Council Agenda Item No. 12CITY OF LADE LSII`IOIZE DREAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. EVANS INTERIM CITY MANAGER DATE: SEPTEMBER 25, 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 Recommendation 1. Waive further reading and introduce by title only: ORDINANCE NO. 2012 -1306, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE, TITLE 17 — ZONING, CHAPTER 17.196 (SIGNS — ADVERTISING STRUCTURES), by roll call vote. Background Zoning Ordinance Text Amendment No. 2012 -02 proposes amendments to the Lake Elsinore Municipal Code ( "LEMC ") that will create regulations and procedures addressing off -site signage for the promotion of events and activities occurring within the City. At its regular meeting on September 5, 2012, the City of Lake Elsinore Planning Commission unanimously approved Resolution No. 2012 -30 recommending that the City Council approve Zoning Ordinance Text Amendment No. 2012 -02. Discussion 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 AGENDA ITEM NO. 12 Page 1 of 49 Zoning Ordinance Text Amendment No. 2012 -02 September 25, 2012 Page 2 of 3 "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 with approval of a development agreement 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 promote cultural, civic, patriotic or special events or activities. This type of temporary signage provides cities with an opportunity to highlight and draw the public's attention to upcoming events. The proposed LEMC amendments would establish provisions 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. 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. Fiscal Impact The proposed zoning ordinance text amendment would make changes to Lake Elsinore Municipal Code provisions regarding off -site signage. The changes will create new opportunities for signage within the City and as such would require staff time to administer future applications for temporary street banners or banners and flags mounted on light poles. These off -site sign requests would be paid for through developer paid cost recovery deposits. Therefore, there would be minimal fiscal impact to the City resulting from administration or enforcement of the proposed ordinance amendment. Prepared by: Richard J. MacHott, LEED Green Associate Senior Planner Reviewed by: Warren Morelion, AICP4 Acting Community Development Director Approved by: Thomas P. Evans Interim City Manage Page 2 of 49 Zoning Ordinance Text Amendment No. 2012 -02 September 25, 2012 Page 3 of 3 Attachments: City Council Ordinance No. 2012 -0Ordinance of the City of Lake Elsinore, California, Amending the Lake Elsinore Municipal Code, Title 17 — Zoning, Chapter 17.196 (Signs - Advertising Structures) 2. Draft Minutes of the Planning Commission Hearing on September 4, 2012 3. Planning Commission Staff Report, September 4, 2012 Page 3 of 49 Page 4 of 49 ORDINANCE NO. 2012 -1306 ORDINANCE OF THE CITY COUNCIL 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 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, in accordance with 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, 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, after considering the amendment and additions to the LEMC at a regular meeting held on September 4, 2012, the Planning Commission of the City of Lake Elsinore recommended that the City Council approve the amendments to the LEMC, Title 17 — Zoning, amending Chapter 17.196; and WHEREAS, public notice of the amendments have been given and the City Council of the City of Lake Elsinore has considered the evidence presented by the Community Development Department and other interested parties at a public hearing held on September 25, 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 Page 5 of 49 ORDINANCE NO. 2012 -1306 PAGE 2of12 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 Planning and Zoning Law, the City Council hereby makes the following findings for the approval of the amendments to Chapter 17.196 of the LEMC: 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. 3. 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 Page 6 of 49 ORDINANCE NO. 2012 -1306 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 property), and 17.196.160 (Temporary signs) and adds Section 17.196.165 (Temporary Street Banners, and Light Pole Banners and Flags) with strikethrough text being deleted and underlined text being added. SECTION 5. Section 17.196.020 of the Lake Elsinore Municipal Code is hereby amended as follows: 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; "Banner" means any sign of cloth plastic or similar lightweight material used for advertising purposes mounted to any structure staff, pole line vehicle or 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 Page 7 of 49 ORDINANCE NO. 2012 -1306 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; "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; "Roofline" means the height above the eaves line on sloped roofs, and above the roof covering on flat roofs except parapet walls; Page 8 of 49 ORDINANCE NO. 2012 -1306 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 • sign having no continuous border or lacking a border shall mean the entire area within • 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; displayed over any 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]. SECTION 6. Section 17.196.100 of the Lake Elsinore Municipal Code is hereby amended as follows: 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; Page 9 of 49 ORDINANCE NO. 2012 -1306 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 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]. SECTION 7. Section 17.196.110 of the Lake Elsinore Municipal Code is hereby amended as follows: 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 for sp Gial eve promoting cultural, civic, patriotic or special events or activities of general public interest taking place within the City 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]. SECTION 8. Section 17.196.160 of the Lake Elsinore Municipal Code is hereby amended as follows: 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; Page 10 of 49 ORDINANCE NO. 2012 -1306 PAGE 7 of 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 purposes shall be subject to the following additional regulations: 1. Pennants and flag (defined as small StF Gf GlGth GF plast fabriG tFiaRgularl adYeFt devices): 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 Glath or plaSt fabFiG used as an 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): Page 11 of 49 ORDINANCE NO. 2012 -1306 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 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. F. Temporary window signs may be allowed without a temporary sign permit subject to the following regulations: Page 12 of 49 ORDINANCE NO. 2012 -1306 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]. SECTION 9. Section 17.196.150 of the Lake Elsinore Municipal Code is hereby added to read as follows: 17.196.165 Temporary Street Banners, Light Pole Banners and Flags Street banners and light pole banners and flags 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 flaps 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 flap 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. 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 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 Page 13 of 49 ORDINANCE NO. 2012 -1306 PAGE 10 of 12 I. The length of street banners shall not exceed twenty (20) feet and their height 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 flags on streets where adjoining land use is primarily residential. L. Applications for banners and /or flags 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 flags 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 flags shall be inspected frequently by the permittee for any deterioration, damage or tears to the banner, associated hardware, or the approved pole. If any deterioration, damage or tears exist, the banner and /or flap 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 proof of personal injury and property damages insurance of the combined limits of $1,000,000. Such insurance shall provide coverage and be placed 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. Both the applicant and any independent contractors shall also provide copies of their workers' compensation certificates for all employees. Q. The applicant shall also agree to indemnify the City, its officers and employees from any claim or liability. 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 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. Page 14 of 49 ORDINANCE NO. 2012 -1306 PAGE 11 of 12 T. All fees associated with the installation maintenance and removal of banners and flags shall be the responsibility of the applicant and /or permittee SECTION 10. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 11. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 25 day of September, 2012, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the th day of , 2012. Brian Tisdale, Mayor City of Lake Elsinore City Council ATTEST: Virginia Bloom, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney Page 15 of 49 ORDINANCE NO. 2012 -1306 PAGE 12 of 12 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss 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 regular meeting of the City Council of the City of Lake Elsinore on the m day of , 2012, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 24` day of April, 2012, by the following roll call vote: AYES: NOES: ABSENT: /_1:i.� /_\IAA Virginia Bloom, CMC City Clerk Page 16 of 49 CITY OF LAKE ELSINORE PLANNING COMMISSION REGULAR MEETING MINUTES OF SEPTEMBER 4, 2012 CALL TO ORDER Chairman Morsch called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Blake led the Pledge of Allegiance. ROLL CALL Present: Chairman Morsch Vice Chairperson O'Neal Commissioner Blake Commissioner Gray Commissioner Jordan Absent: None Also present: Acting Community Development Director'Morelion, Public Works Director Seumalo, Senior Planner MacHott, City Attorney Leibold, and Office Specialist Herrington. — NUN HGENDIZED ITEMS — 3 Grace Sandlin stated that she'is `part of the Studio 395 Artist Co -op. She stated that their focus is to.enhance the daily life using art. She also stated that in the past she was involved in the revitalization of both the historic downtown Santa Ana, -and Pomona artist- distnctsand would like to form an "Arts Task Force" for Lake Elsihore. Their hope is that the Planning Commission evaluates this suggestion which could contribute to the "Dream Extreme" branding that is already in placer Robin Golden stated that she is a local mural artist and is involved in the Studio 395 Artist Co -op. She stated that they would like to bring more public art and art education to the City and would like the Planning Commission to consider designing a Review Board who would be reviewing, and making suggestions for permanent and temporary signage, murals and public art to promote cultural diversity and harmony within the City. CONSENT CALENDAR ITEM(S) None. Page 17 of 49 City of Lake Elsinore Planning Commission Regular Meeting Minutes of September 4, 2012 Page 2 of 5 PUBLIC HEARING ITEM(S) 1. 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 and adding Section 17.196.165 of the Lake Flsinnra Munininal Sanfinn 17 1QR 1RI, s fh. i �L,� Recommendation Adopt a resolution recommending to the City Council of the City of Lake Elsinore Approval of Zoning Ordinance Text'Amendment No. 2012 -02. Adopt a resolution recommending to the City Council of the City of Lake Elsinore. Senior Planner MacHott presented the staff report. He stated that in addition to the text that is in the staff report, staff is proposing changes to Section 196.165, to add the word "deterioration" to damage or tears to the banners which would require the signs to be repaired or removed immediately, and because both paragraphs P & Q contain the same language, with the exception of one sentence, staff proposes moving the: sentence regarding Workers Compensation to the end of Paragraph P and deleting the entire paragraph 1 under O because it repeats what is in paragraph P. Vice Chairman O'Neal asked with regards to the Studio 395 Artist Co -op, whether the community be Involved with the art work. Acting Community Development Director Morelon ;stated that the City normally does not involve the community for banners. .Vice Chairman O'Neal stated that in the design review process,<;there is °a need forsobmeone with an artistic eye taking a look at it. Kimberly Ryan, owner of;.TullpsgTrophies, and Treasures on Main Street, stated her concerns about banners in the City staying in one location for a long time and ending up torn. She stated that she was in the City of Yorba Linda that put up Military bannersjor people lost in the war and for people serving the Country which is beautiful. = Senior Planner MacHott stated that the City's provisions do provide a maximum=of 30 days for the banners and they must be removed within 48 hours of the end of the event. Ms. Ryan stated that there are various signs that are up a lot longer than they should be and is afraid that they are going to have torn banners. Vice Chairman O'Neal stated that this should be a Code Enforcement issue. Ms. Ryan requested to be on the Design Review Committee. Chairman Morsch indicated to Ms. Ryan that the Commission has asked staff to put an item on the Agenda regarding a discussion for murals in the City which could include a Committee that reviews art, banners and posters incorporated into the Mural Ordinance. Ms. Ryan stated that their Downtown Merchants Association meets Page 18 of 49 City of Lake Elsinore Planning Commission Regular Meeting Minutes of September 4, 2012 Page 3 of 5 the 3 rd the Thursday of the month at 7:30 a.m. at Flour Fusion and the people that are running for City Council will be there at 8:30 a.m. She stated that their vision is to build up downtown Main Street and she does want to see the City grow. Kim Cousins of the Lake Elsinore Chamber of Commerce stated that regarding signage, Lake Elsinore doesn't really have a marketing plan and noted that the City doesn't have a comprehensive newspaper that covers the area. He stated that the Chamber has received many complaints from residents and from the business community that they did- not know about main events going on in the City. He stated that he appreciates the City moving forward hanging banners with information regarding major events in the City. He indicated that under Section 17.196 -165 Temporary Street Banners, Light Pole Banners and Flags, Item I, the statement regarding width and height needs to be clarified. He stated that the business community is also concerned about temporary signage and they are looking for relief as it relates to pre - approved definitions for signage size for temporary uses, making it easier for the business owners to get through the approval process. Finally, with regards to fees, he stated that a lot of businesses will find it difficult from a Bond standpoint or even an application standpoint, and requested if the City could waive permit fees. Commissioner Jordan asked how the City came up with a million dollar limit for the insurance liability. Senior Planner MacHott stated that it is the same insurance that the City requires for Special Events and noted that insurance would be covered for whoever is putting up the signs. City Attorney Leibold stated that one million dollar coverage for these kinds of signs for personal injury and property damage is fairly typical and sufficient. Vice Chairman O'Neal stated `'that:he has no problem with this uummissloner tslaKestated that.he liked the concept of having banners overhead announcing different 'events thatsare going on in the City, and concurs regarding the length;of time that the banners will be up. He stated that he was concerned about the $500.00 dollar cash bond. City Attorney Leibold stated that it is deposited as security in the event that the sign doesn't get removed. Acting Community Development Director Morelion clarified that the banners are for community sponsored events or large events and none of the banners are designed for "Mom and Pop" businesses. Commissioner Gray thanked those that spoke about the art and the review committee and indicated that he has confidence that a methodology will enhance the process and make it easier. Chairman Morsch asked if the cash bonds can be held in a joint account with the applicant and the City. City Attorney Leibold stated that she wasn't familiar with that but indicated that it is a security deposit and at the end of the event, the sign is removed. Chairman Morsch asked who is going to own the signs. City Page 19 of 49 City of Lake Elsinore Planning Commission Regular Meeting Minutes of September 4, 2012 Page 4 of 5 Attorney Leibold stated that the City may be a co- sponsor but the event holder would be the owner of the sign and this requires a permit to affix the sign. Senior Planner MacHott stated that some cities do put up and take down the banners and in some cases are the custodial owners of the signs but the City of Lake Elsinore chose not to do that and if this becomes an issue, the City can always amend the Ordinance in the future. Chairman Morsch asked that when the banners or signs are put up, does the City inspect them to make sure that they are properly anchored and put in place. Acting Community Development Director stated that the banner design for major City events would be used year after year and only the date would need to be changed. He also stated that the building inspector would make sure that the installation is done correctly in case there are heavy winds, etc. Chairman Morsch stated that he thinks it would be a good idea that the City have a Design Review Committee who has experience in art to properly advertise an event and participate in that process. Motion by Commissioner Jordan and seconded by Vice Chairman O'Neal to approve Resolution No. 2012 -30, 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 Zonin "'0rdinance Text Amendment No. 2012 -02 with changes to Items O, P & Q, as'defined in the staff report; with the provision for the Design Review Committee to look at the banner designs; and revising Section 17.196.165 Temporary Street Banners, Light Pole Banner and Flags, Section I, clarifying width andheight; Motion passed 5 -0. BUSINESS ITEMS STAFF COMMENTS CITY-ATTORNEY COMMENTS PLANNING COMMISSIONER'S COMMENTS ADJOURNMENT The Lake Elsinore Planning Commission will adjourn to a regular meeting to be held on Tuesday, September 18, 2012, at 6:00 p.m. to be held at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Rick Morsch, Chairman City of Lake Elsinore Page 20 of 49 City of Lake Elsinore Planning Commission Regular Meeting Minutes of September 4, 2012 Page 5 of 5 Attest: Warren Morelion Acting Community Development Director Page 21 of 49 r' CITY OF LADE '-"- LSIU DREAM EXTUME. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: WARREN MORELION, AICP ACTING COMMUNITY DEVELOPMENT DIRECTOR DATE: 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 Y 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. Page 22 of 49 ZONING ORDINANCE TEXT AMENDMENT NO. 2012-02 SEPTEMBER 4, 2012 PAGE 2 OF 3 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. Prop osed 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 si ns. 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 Page 23 of 49 ZONING ORDINANCE TEXT AMENDMENT NO. 2012 -02 SEPTEMBER 4, 2012 PAGE 3 OF 3 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 at seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 at 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/N'I 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 Page 24 of 49 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 (T emporary 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 at seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 at 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/N'I 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 Page 24 of 49 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: Page 25 of 49 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 at 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: 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. Page 26 of 49 PLANNING COMMISSION RESOLUTION NO. 2012- PAGE 3 OF 13 3. 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 "K. 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 Page 27 of 49 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 Page 28 of 49 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: "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 Page 29 of 49 "Balloon" means an inflatable bag or other inflatable device of any size; 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; 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; Page 30 of 49 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 "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 19.11 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; Page 31 of 49 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 feFspeeial events promoting cultural, civic 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; Page 32 of 49 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 pennitted 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 rloth 9F plagG fabFie 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. 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): Page 33 of 49 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. r Page 34 of 49 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 area. B. Graphicttext 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 the same location. in any way. F. Banners and flags shall not be displayed for more than thirty (30) days prior to the beginning of the event Page 35 of 49 A. Street banners light pole banners and flags sh all not be used for PLANNING COMMISSION RESOLUTION NO. 2012- PAGE 12OF13 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. circular wind holes. L. Applications for banners and /or flags 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. ep rmit. city. Q. The applicant shall also agree to indemnify the City, its officers and employees from any claim or liability. Page 36 of 49 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. PLANNING COMMISSION RESOLUTION NO. 2012-_ PAGE 13 OF 13 insurance shall provide coverage and be placed with a company with a employees. Page 37 of 49 R. Banners and flags may be subiect to a $500.00 cash bond in order to guarantee prompt removal upon expiration of the approval period 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 an lations regarding the provision of signage on private and public property within t ; and WHEREAS, the City of Lake Elsinore wishes cultural, civic, patriotic or special events or activities of general public in a taking within the City of Lake Elsinore; and WHEREAS, the Community Devel nt Department of t ity of Lake Elsinore has initiated an amendment of the C to a Chapter 17. in order to provide for the limited use of off -site signage ve ents or activities of general public interest taking place within th City of Lake re, and WHEREAS, in accordance 14 of th Nin rnia Code of Regulations, Section 15061(b)(3), the City of Lak in dethat it can be seen with a certainty that there is no possibility th dopti Amendme nt No. 2012- 02 may have a signifi ct on t e m d therefore the zoning text amendment is exem m ; and WHERE A esolution 2004 of the City of Lake Elsinore, which establishes proce and is fo lementation of the Western Riverside County Multiple Spec Ian, specifically exempts the adoption or ame la a or zoning o ance in Section IV — Exemptions; and HEREAS, con 'ng the amendment and additions to the LEMC at a regu eeting held o epte 4, 2012, the Planning Commission of the City of Lake re recomme 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 ake Elsinore has considered the evidence presented by the Community Develo 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 Page 38 of 49 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 wzorVan I g and Zoning Law, the City Council hereby makes the following final of the amendments to Chapter 17.196 of the LEMC: 1. The proposed zoning text amendm a) det` ' tal to the health, safety, comfort or general welfare oesiding o • ing within the neighborhood of the proposed amen the City, or rious to the property or improvements in the neig 'n the City. The proposed zoning ordin their potential to have deb proposed amendments will welfare by providing establ events will have the o porti and draw the p e, events or ach r of a _ °nitif have been analyzed relative to has been determined that the c health, safety, comfort and y the sponsors of special ff- signage that will highlight 1, civic, patriotic or specific ng place within the City. 2. The pro Policies ents are consistent with the Goals, General Plan and the development npo oni finance text amendments do not create new zoning s, rem 0XI zoning districts or otherwise modify land use ments. ropo zoning ordinance amendments are procedural in and do not ct the density or intensity of uses and will not interfere with Le ientat oo the goals, policies and implementation programs of the 3. The City A low the erection of banners and flags within the public right -of- way for cor 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 Page 39 of 49 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 pro rty), and 17.196.160 (Temporary signs) and adds Section 17.196.165 (Tempora t Banners, and Light Pole Banners and Flags) with strikethrough text being del nd 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 w : Code is hereby are defined of any size; lineal Nany a bui t or unit along either a street busi including loading or service areas; s erected or maintained for the purpose W cted upon the premises on which the :ans a freestanding sign structure containing the name velopment and may also include identification signs usiness only within the development are uniformly any sign excluding noncommercial signs; "Doubleface sign eans 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 Page 40 of 49 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, n e . q five feet in height, supported by a solid pedestal extending under the a iilength ` sign; "Noncommercial sign" means any sign, i g political sign , t advertising a business or product for sale, whether on or "Off -site sign" means any sign, includin oa ntion to a _ hich directs a e business, commodity, service or entertainment It sold or offered elsewhere than on the premises, and only in * on the p j es if at all; "Permanent bulletin board Ii a rmanently constructed changeable copy Aa le precut letters and figures; "Political sign" m2a!n!,1e1sj hcoming public election or referendum indicatin tun e of an dual seeking election to a public office, or a n nin , sign pertaining sig to the advocating by persons, groups, or sign" mean y moWble external sign that is not permanently secured or approved anently established structure, support or anchor; "Projecting Worthe any sign which is affixed or attached to, and is supported solely by, a buil structure, or parts thereof, and extends beyond the building wall, or structure reof, 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; Page 41 of 49 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 • sign having no continuous border or lacking a border shall mean the entire area within • single continuous perimeter formed by no more than eight str fight lines enclosing the extreme limits of writing, representations, emblem, or any fig or similar character, integral part of the display or used as a border excludi 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 sig xcept that where two such faces are placed back -to -back and are at no i more t hree feet from one another, the area of the sign shall be taken as ea of one fa the two faces of equal area, or as the area of the larger face ifAW. o faces are of un area; advertisement; "Street frontage" means the lineafl _'W, cel di' , t along a street; "Temporary sign" p sigr d on 0 7 Mll cloth. canvas. liaht d -,u. v "Wall sign" in s all flat s11 either o � lid face construction or individual letters, which are placed a t the I of building or structure and extending not more than oot fr g and having the advertisement on one face on1 199 de 1987 § 1 . 4.020]. CTION 6. lion IW6.100 of the Lake Elsinore Municipal Code is hereby I'u'IIi�i 711 �= 00 ProhibW Signs All signs n e ' y he f sign by other provisions of this chapter shall be prohibited. Tgns shall not be permitted unless specifically allowed by a specific plan, over) 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; Page 42 of 49 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 reaso of the position, shape, color or movement may interfere with, obstruct the view of a confused with any authorized traffic sign, signal or device, nor shall such si ertising structure make use of any word, phrase, symbol or character in such ner as to interfere with, mislead or confuse traffic; F. Spinners or similar advertising devices; G. Signs which exceed the roofline or p to which such signs a shed; H. Any off -site advertising, including billbo ex_ - - s otherwise pro ided in this chapter. This prohibition shall specifically not a oncommercial signs, including political signs. [Ord. 1068 § 3, 200 937,199 de 1987 § 17.94.0901. SECTION 7. Section 17.196. o ke El Municipal Code is hereby amended as follows. _ 17.196.110 Ad publr erty. A. No person, pt a publi ioer or employee in the performance of his duty shall paste, post, p r ere pen , sign or notice of any kind or cause the same to be done u b i idge, or sidewalk within the City and no person an to pnva ity company poles without prior written appro t co - y to which such poles belong; ceptions. Si and ners f9. speGial events promoting cultural, civic, atrioti s ecial even r acti es of general Public interest taking lace within the City to t ., nefit of th ntire community and authorized by the City Manager or designee., nt to LEIM 17.196.165. [Ord. 937, 1992. Code 1987 § 17.94.100]. SECTION on 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; Page 43 of 49 ORDINANCE NO. 2012- PAGE 7 of 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 purpose s hall be subject to the following additional regulations: Awk 1. Pennants and flap I' Vc'FI� • .• • ••- •�`::�'e�-•• 1 .• is • - -•' •• _• c. The hei ghtgok cite • y, . • •sa61 in .... condition at all times. 2. . -. B anne N i l .n 1. ��l1, one balp shall be permitted per building and /or tenant apace; c. Ban rea shall not exceed 50 square feet; d. Banners 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): Page 44 of 49 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 _ ; inflatable statuary, or a hot air balloon may be allowed with a tempos mit a maximum of 30 consecutive days per occurrence period, four ti er calendar year. Each occurrence period shall be separated by 30 e e days and must be included as part of a permitted promotional p , b. The height of the balloons shall n ed 55 feet abo de; c. Balloon shall be allowed only o ate prop - d. Balloon shall be placed so as no ede pedestrian and vehicular traffic; e. Balloon shall be prope a the g or a structure to withstand extreme wind conditions; f. Balloon at �aP per building or tenant space. 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: Page 45 of 49 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]. of the end of the approved banner or flag display period whichever occurs first Page 46 of 49 ORDINANCE NO. 2012- PAGE 10 of 12 holes. Page 47 of 49 height of eight (8) feet above the sidewalk ORDINANCE NO. 2012- PAGE 11 of 12 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. weather, theft or vandalism. SECTION 10. If any provision, clause, e or the application thereof to any person or c invalidity shall not affect the other provisions of to be severable. SECTION 11. This Ordinance sha its final passage. The City Clerk shall certi this Ordinance to be published and posted PASSED, APPROVED, A Council of the City of Lake Elsin6 adopted at a regular meeting of the on the t h day of , 2012. Barbara Leibold, City Attorney of this Ordinance held invalid, such e hereby declared by law. the date of sand cause X f �ular meeting of the City day of _, 2012, and Lake Elsinore, California, Elsinore City Council Page 48 of 49 ORDINANCE NO. 2012 - PAGE 12 of 12 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, VIRGINIA BLOOM, City Clerk of the City of certify that Ordinance No. 2012 - was introduced Council of the City of Lake Elsinore on the m day passed at a regular meeting of the City Council of the 24 day of April, 2012, by the following roll call vote: ,, Lake Elsinore, California, hereby at a re r meeting of the City of 2012, and was finally C' ake Elsinore held on the Page 49 of 49