HomeMy WebLinkAboutOrd. No. 2012-1306ORDINANCE 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
ORDINANCE NO. 2012 -1306
PAGE 2 of 8
F1 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
F1 amendments are not vehicles for commercial or political advertising' they are
temporary in nature and are allowed to promote only cultural, civic, patriotic or
ORDINANCE NO. 2012 -1306
PAGE 3 of 8
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 to add the following definitions:
'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;
"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;
"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;
"Street banner" means any 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;
SECTION 6. The first full paragraph of Section 17.196.100 of the Lake Elsinore
Municipal Code is hereby amended to read as follows:
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:
SECTION 7. Part B of Section 17.196.110 of the Lake Elsinore Municipal Code
is hereby amended to read as follows:
F1 B. Exceptions. Signs and banners promoting cultural, civic, patriotic or special
events or activities of general public interest taking place within the City to the
ORDINANCE NO. 2012 -1306
PAGE 4 of 8
F1 benefit of the entire community and authorized by the City Manager or designee,
pursuant to LEMC 17.196.165.
SECTION 8. Part D, subparts 1 and 2 of Section 17.196.160 of the Lake
Elsinore Municipal Code are hereby amended to read 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:
1. Pennants and flags:
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:
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.
ORDINANCE NO. 2012 -1306
PAGE 5 of 8
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 flags shall not be used for political or
commercial advertising, except that logos and trademarks of sponsoring
organizations shall be permitted. The total area of logos and trademarks shall be
limited to twenty -five (25) percent of each banner or flag area.
B. Graphic /text design is required on both sides of each banner or flag.
C. No person shall install any street banner, light pole banner and /or flag without
a permit submitted in accordance with the procedures set forth in LEMC
17.196.040. A separate permit shall be required for each location, provided,
however, that all banners and flags installed in one city block or in multiple
contiguous city blocks, by one permittee, shall be deemed to be at the same
location.
D. Permits will be issued on a first -come, first -served basis and shall be valid for
a term not to exceed thirty (30) days. City- sponsored and City co- sponsored
events shall have approval priority over other events located within the City of
Lake Elsinore.
E. Banners and 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.
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.
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.
ORDINANCE NO. 2012 -1306
PAGE 6 of 8
F1 J. All proposed fight 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 flag
and all its attachments shall be removed immediately by the permittee at no cost
to the City.
P. Unless waived or modified by the City Manager, applicant shall submit 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.
F1 T. All fees associated with the installation, maintenance and removal of banners
and flags shall be the responsibility of the applicant and /or permittee.
ORDINANCE NO. 2012 -1306
PAGE 7 of 8
�^ 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.
ITI
Virginia
F
Brian , Mayor
City of Lake Elsinore City Council
F
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
ss.
I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify
that Ordinance No. 2012 -1306 was introduced at the regular City Council
meeting of September 25, 2012, and adopted at the regular meeting of October
23, 2012, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council Member Magee, Council Member Weber, Council Member
Melendez and Mayor Tisdale
Mayor Pro Tern Hickman
None
None
Virgin IaJ. Blo m, w-
City Clerk