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HomeMy WebLinkAboutPC Reso No 2012-30RESOLUTION 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 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: PLANNING COMMISSION RESOLUTION NO. 2012 -30 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. PLANNING COMMISSION RESOLUTION NO. 2012 -30 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 "A ". SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED t ' 4th day of September, 2012. Ric Morsch, Chairman City of Lake Elsinore Planning Commission T: Warren Morelion, AICP Acting Community Development Director PLANNING COMMISSION RESOLUTION NO. 2012 -30 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. 2012 -30 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: CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL, COMMISSIONER BLAKE, COMMISSIONER GRAY COMMISSIONER JORDAN NOES: NONE ABSENT: NONE ABSTAIN: NONE Warren Morelion, AICP Acting Community Development Director PLANNING COMMISSION RESOLUTION NO. 2012 -30 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; "Banner' means any sign of cloth, plastic, or similar lightweight material used for advertising purposes mounted to anv 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 such owners have only limited or restricted easement or access PLANNING COMMISSION RESOLUTION NO. 2012-30 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; PLANNING COMMISSION RESOLUTION NO. 2012 -30 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 any pennant, streamer, flaq, sign, picture, figure or other object, regardless of the material of which it is made, which is suspended or otherwise 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]. 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; PLANNING COMMISSION RESOLUTION NO. 2012 -30 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 fGF GPGsial events 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]. 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; PLANNING COMMISSION RESOLUTION NO. 2012 -30 PAGE 9OF13 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: 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): PLANNING COMMISSION RESOLUTION NO. 2012 -30 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. PLANNING COMMISSION RESOLUTION NO. 2012 -30 PAGE 11 OF 13 F. Temporary window signs may be allowed without a temporary sign permit subject to the following regulations: 1. Sign area shall not exceed 25 percent of the window area; 2. Holiday window decorations shall be permitted. The duration for the decoration of the window shall be limited to a period not exceeding six weeks prior to the holiday and two weeks following the holiday. [Ord. 1068 § 3, 2000; Ord. 937, 1992. Code 1987 § 17.94.150]. 17.196.165 Temporary Street Banners, Light Pole Banners and Flags. Street banners and light pole banners and flaps that are used for promoting cultural, civic, patriotic or special events or activities of general public interest taking place within the City shall be permitted subject to the following regulations: A. Street banners, light pole banners and 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 flap 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 flap 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 the City of Lake Elsinore. E. Banners and flags shall not obstruct the public's view of traffic signals street signs, or any other regulatory, directional, or other City- approved signs in anyway. F. Banners and flaps shall not be displayed for more than thirty (30) days prior to the beginning of the event. 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 flaps are promoting or of the end of the approved banner or flap display period whichever occurs first. PLANNING COMMISSION RESOLUTION NO. 2012 -30 PAGE 12 OF 13 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. 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. 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. 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 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. PLANNING COMMISSION RESOLUTION NO. 2012 -30 PAGE 13 OF 13 S. The City of Lake Elsinore is not responsible for the disappearance of or damage to banners and /or flaps 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