HomeMy WebLinkAboutAgenda Item No 12CITY OF
LADE FCq) LSI110RE
DREAM E1CTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: VIRGINIA J. BLOOM, CITY CLERK
DATE: OCTOBER 23, 2012
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE
NO. 2012 -1306
Recommendation
Waive further reading and adopt by title only Ordinance No. 2012 -1306 by roll -call vote:
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)
Discussion
The above - referenced Ordinance was introduced at the regular City Council meeting
held on September 25, 2012 and is now being presented for second reading and
adoption.
Prepared by: Virginia J. Bloom, City Clerk -�
Approved by: Thomas P. Evans, Interim City anag r
Attachment: Ordinance No. 2012 -1306
AGENDA ITEM NO. 12
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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
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ORDINANCE NO. 2012 -1306
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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.
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
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ORDINANCE NO. 2012 -1306
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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 anv 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
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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;
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ORDINANCE NO. 2012 -1306
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"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;
"Street banner" means anv pennant, streamer, flag, 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].
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;
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ORDINANCE NO. 2012 -1306
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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 feF speGia' events promoting cultural, civic,
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;
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B. Pennants, banners, flags, nonmetallic inflatable (small or large) devices
(balloons), and movable signs shall be displayed only at the location where the
promotion occurs;
C. The maximum number of temporary signs permitted per occurrence period shall
be two sign types;
D. The display of temporary signs for promotional purposes shall be subject to the
following additional regulations:
1. Pennants and flags (defined as small 6tFiP6 Of GlOth eF plaStiG fabFiG triaRg, daM
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):
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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:
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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 flaps that are used for promoting cultural,
civic, patriotic or special events or activities of general public interest taking place within
the City shall be permitted subject to the following regulations:
A. Street banners, light pole banners and flags shall not be used for political or
commercial advertising, except that logos and trademarks of sponsoring
organizations shall be permitted. The total area of logos and trademarks shall be
limited to twenty -five (25) percent of each banner or flap area.
B. Graphic /text design is required on both sides of each banner or flag.
C. No person shall install any street banner, light pole banner and /or flag without
a permit submitted in accordance with the procedures set forth in LEMC 17.196.040.
A separate permit shall be required for each location, provided, however, that all
banners and flaps 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
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 any way.
F. Banners and flags shall not be displayed for more than thirty (30) days prior to
the beginning of the event.
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.
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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 adioinin Iq and
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.
$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.
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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 25th day of September, 2012, and
adopted at a regular meeting of the City Council of the City of Lake Elsinore, California,
on the 23rd day of October, 2012.
ATTEST:
Virginia Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
Brian Tisdale, Mayor
City of Lake Elsinore City Council
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