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1987 05 26 PCE A G E N D A PLANNING COMMISSION - CITY OF LA QUINTA A Regular Meeting to be Held at the La Quinta City Hall, 78-105 Calle Estado, La Quinta, California May 26, 1987 - 7:00 p.m. I. CALL TO ORDER Flag Salute II. ROLL CALL III.HEARINGS - NONE IV. PUBLIC COMMENT This is the time set aside for citizens to address the Planning Commission on matters relating to City planning and zoning which are not Public Hearing items. Persons wishing to address the Planning Commission should use the form provided. Please complete one form for each item you intend to address and submit the form to the Planning Secretary prior to the beginning of the meeting. Your name will be called at the appropriate time. When addressing the Planning Commission, please state your name and address. The proceedings of the Planning Commission meeting are recorded on tape and comments of each person shall be limited. V. CONSENT CALENDAR Minutes of the regular Planning Commission meetings of May 12, 1987. VI. BUSINESS A. Item: Applicant: Location: Referral Subject: MR/AGENDA.PLC Referral from City Council regarding Plot Plan 87-380 - retail/office building. Robert C. Monroe Along the north side of Calle Estado, 250 feet east of Avenida Bermudas. Consideration of permitting a temporary driveway to Calle Estado. E B. Commission Agenda Items: Identification of future discussion items NOTES: 1. NO STUDY SESSION MAY 25, 1987 - MEMORIAL DAY 2. JOINT COUNCIL/COMMISSION STUDY SESSION ON VILLAGE PLANNING - JUNE 1ST AT 3:00 P.M. VII.OTHER Discussion Items: A. Summer Meeting Schedule: Council has cancelled July 21 and August 18 meetings. B. Draft Sign Ordinance: Discussion of review procedures. C. Information Item: Plot Plan 87-378 (Madison Street Facility) - Report of administrative approval for maintenance building location modification. MA00! 111IDAI11:1SI002QON MR/AGENDA.PLC 1 ® 0 MINUTES PLANNING COMMISSION - CITY OF LA QUINTA A regular meeting held at the La Quinta City Hall 78-105 Calle Estado, La Quinta, California May 12, 1987 I. CALL TO ORDER 7:00 p.m. A. Chairman Thomas Thornburgh called the Planning Commission meeting to order at 7:03 p.m. The Flag Salute was led by Commissioner Brandt. II. ROLL CALL A. Chairman Thornburgh requested the roll call. Present: Commissioners Brandt, Moran, Steding, Vice Chairman Walling, and Chairman Thornburgh. Members absent: None. B. Staff Present: Planning Director Murrel Crump, Principal Planner Jerry Herman, and Department Secretary Mariellen Ratowski. III. HEARINGS Chairman Thornburgh introduced the hearing item as follows: A. Plot Plan 87-380 - A request by Robert C. Monroe to construct a two-story, 6,660-square foot retail/office building along the north side of Calle Estado, 250 feet east of Avenida Bermudas. 1. Planning Director Murrel Crump reviewed the request per the information contained in the Staff Report, a copy of which is on file in the Planning Department. 2. Chairman Thornburgh opened the Hearing for public comment. The Applicant, Robert Monroe, addressed the Commission. Mr. Monroe expressed agreement with the conditions of approval, but questioned the parking condition, mentioning that the County Library is interested in locating a branch in part of his building. There being no further public comment, Chairman Thornburgh closed the hearing for public comment. MR/MIN05-12.DFT 3. Commissioner Thornburgh then opened the matter for Planning Commission discussion. The Commission members discussed the request as submitted. Commissioner Walling discussed the parking lot with respect to removing four parking spaces and replacing them with landscaping to generate more pedestrian interest. Commissioner Brandt expressed concerns for having consistency of street trees and over approving projects before the adoption of the Village Specific Plan, and expressed approval of shaded parking. The Commission then reviewed modified conditions as supplied by Staff and further discussion followed. 4. A motion was made by Commissioner Steding and seconded by Commissioner Walling to approve Plot Plan 87-380, subject to the filing of a Negative Declaration; and subject to the attached conditions, numbers one through five, with condition 4B amended to require the Applicant to submit to the Commission for Study Session review and to the Planning Director for approval, a revised landscape plan which identifies the appropriate canopy -type shade tree forms for the street trees and other major trees within the parking area. The shade trees within the parking area (including the alley parking spaces) may be substituted with an architecturally complementary shade structure. The hardscape must conform with the adopted Village at La Quinta Specific Plan; and with condition 4C amended to require the Applicant to submit to the Commission for Study Session review and to the Planning Director for approval, a revised site plan which eliminates the first three parking spaces on the west side and the first parking space on the east side of the parking area adjacent to Calle Estado. 5. The motion was unanimously adopted. IV. PUBLIC COMMENT Mr. Charles Brown of Palm Desert Greens Country Club/HMS Real Estate addressed the Commission with various zoning questions regarding property in Highland Palms vicinity. V. CONSENT CALENDAR Motion was made by Commissioner Steding and seconded by Commissioner Moran to approve the Planning Commission minutes of April 14, 1987, as submitted, and of April 28, with an added clarification. Unanimously adopted. MR/MIN05-12.DFT AnL VI. BUSINESS Chairman Thornburgh introduced the items of business as follows: A. Subdivision Ordinance Text Amendment No. 87-001, a City -initiated request to add new Section 16.7 pertaining to procedures for Parcel Mergers. 1. To facilitate Commission comment to be forwarded to the City Council, Principal Planner Jerry Herman reviewed the request per the information contained in the Staff Report, a copy of which is on file in the Planning Department. 2. Chairman Thornburgh opened the matter for Planning Commission discussion. Commissioner Moran suggested the possibility of fee discounts to encourage mergers. Chairman Thornburgh asked if there was any way to further expedite the paperwork involved. Planning Director Crump responded that a Parcel Merger is the expedited procedure, the alternative being a Parcel Map. There being no further comment, the discussion was closed. B. Review building architecture/design revisions of Plot Plan 86-274 (John Feld), located, generally, on the north side of Avenida Montezuma, between Avenida Bermudas and Avenida Navarro. 1. Planning Director Crump presented background data on the matter per the information contained in the Staff Report, a copy of which is on file in the Planning Department. 2. Chairman Thornburgh opened the matter for Planning Commission discussion. Commissioner Walling questioned the choice of street trees and shade trees in the parking lot, and suggested a buffer wall or landscaping to screen the parking. Commissioner Brandt expressed agreement with Commissioner Walling's comments. 3. A motion was made by Chairman Thornburgh and seconded by Commissioner Steding to approve Plot Plan 86-274, subject to the attached conditions, with the specification made for a clay -tile roof, and requiring the landscape plan to be consistent with the approved Village Specific Plan and Planning Commission approval. 4. The motion was unanimously adopted. C. Identification of future agenda items: None identified. MR/MINO5-12.DFT Lill VII. OTHER A. Discussion Item: Specific Plan 86-006, Highway 111 Update A presentation was made to the Commission by Planning Director Crump, updating the status of Specific Plan 86-006. The Commission discussed various aspects of the information with the resulting consensus being to wait for the completed market study and for a staff -revised draft specific plan before further Commission review. VIII. ADJOURNMENT A motion was made by Commissioner Walling and seconded by Commissioner Moran to adjourn to a regular meeting on May 26, 1987, at 7:00 p.m., in the La Quinta City Hall, 78-105 Calle Estado, La Quinta, California. This meeting of the La Quinta Planning Commission was adjourned at 8:27 p.m., May 12, 1987. MR/MINO5-12.DFT VI A o`� T cam= MEMORANDUM t Z - - CITY OF LA QUINTA OF TO: FROM: DATE: SUBJECT: BACKGROUND THE HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION PLANNING DEPARTMENT MAY 26, 1987 REFERRAL FROM CITY COUNCIL REGARDING PLOT PLAN 87-380 - ROBERT C. MONROE - CONSIDERATION OF PERMITTING A TEMPORARY DRIVEWAY TO CALLE ESTADO Plot Plan 87-380 was approved by the Commission on May 12, 1987, subject to five conditions. The Commission action was transmitted to the City Council for their information at their May 19, 1987 meeting. Councilmember Bohnenberger made a minute motion, seconded by Councilmember Cox, "To send this back to the Planning Commission with the request they reconsider the provision for the installation of the wall at this time, versus allowing a driveway access until such time as we have a developed Village Plan and the need for the wall is established." The motion was approved. ANALYSIS The issue of permitting a temporary access to Calle Estado was discussed by the Commission. The Commission chose not to permit the access by unanimously adopting the Conditions of Approval. COMMISSION RESPONSE Should the Commission desire to permit a temporary access, action may be taken to attach the following additional paragraphs to Condition 9C, to read as follows: A temporary access may be permitted from Calle Estado until such time as redesign of Calle Estado occurs, based upon the Village Specific Plan. MR/MEMOPC.003 Prior to the issuance of an encroachment permit, an irrevocable bond in the amount of 150 percent of the estimated cost of removing the temporary driveway, installation of the remaining portion of the wall, and installation of the landscape/hardscape as delineated on the approved landscape plan shall be provided to the City. The City shall be noted as the beneficiary. The bond shall not be released without written authorization by the Planning Director. In any case, the bond is to remain in effect until the required improvements have been installed and are accepted by the City. Further, within 60 days after written notice is given by the City, the Developer/Applicant shall remove the temporary driveway, install the remaining portion of the wall, and install the remaining landscaping as delineated in the approved landscape plan. JH/mr attachment: Original Conditions of Approval MR/MEMOPC.003 LJ E, ® 0 MEMORANDUM CITY OF LA QUINTA TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: THE PLANNING DEPARTMENT SUBJECT: TRANSMITTAL AND DISCUSSION DRAFT OF THE SIGN REGULATIONS DATE: MAY 26, 1987 Transmitted herewith is the discussion draft copy of City sign regulations as initially prepared by Department Staff. Significant points for attention within these draft regulations are noted as follows: 1. There are two types of reviews contemplated: the Standard Sign Review, which is conducted by Staff, and the Planned Sign Program, which is considered by the Planning Commission. when only one sign is proposed, Staff will administratively process the request using the Standard Sign Review Program. However, if two or more signs are contemplated or if site development review is otherwise required of the Planning Commission, the sign program will receive Commission consideration. This process is termed a Planned Sign Program. The reality is that most new commercial development in La Quinta will occur and be established by means of Commission review, and a sign program will be part of this larger submittal and review. The Commission, in taking action on a request, may make adjustments, such as permitting additional sign area, number of signs, alternative location and different types of signs. 2. The decision of the Planning Director or Planning Commission is final unless appealed. The regulations also identify exempt, prohibited and temporary signs. MR/MEMOPC.004 ® 3. The permitted sign regulations are found on pages 14 through 19. These sections identify the general regulations which are used as a guide during Planning Commission review. The major types of residential and some special application commercial uses have been noted. Those uses not otherwise individually listed are reviewed using the regulations found on page 17. 4. Existing signs are permitted to remain unless the sign is a danger to the public, or was installed or enlarged without a permit. 5. Outdoor advertising signs are also permitted in the Commercial Park land use designation of the General Plan. This does not preclude other temporary off -premise signs such as subdivision directory signs, which are permitted elsewhere in the regulations. TENTATIVE REVIEW SCHEDULE: In anticipation of future questions and points of clarification, the draft regulations will be scheduled for the June 9, 1987 Commission Study Session. The first formal Public Hearing is being contemplated for June 23, 1987. JH/mr cc: City Council La Quinta Chamber of Commerce MR/MEMOPC.004 E vss\oN O�SG CHAPTER 9.45 SIGN ORDINANCE SECTIONS 9.45.010 INTENT 9.45.020 PERMIT REQUIREMENTS AND REVIEW PROCEDURES 9.45.030 APPLICATION REQUIREMENTS AND PROCESS 9.45.040 DISPOSITION OF PLANS 9.45.050 EXPIRATION AND TIME EXTENSIONS 9.45.070 APPEALS 9.45.080 GENERAL PROVISIONS 9.45.090 EXEMPTIONS 9.45.100 PROHIBITED SIGNS 9.45.110 TEMPORARY SIGNS 9.45.120 SIGN REGULATIONS 9.45.130 EXISTING SIGNS 9.45.140 OFF -PREMISE SIGNS 9.45.150 DEFINITIONS CHAPTER 9.45 SIGN ORDINANCE 9.45.010 INTENT This Chapter is intended to implement the goals and policies of the General Plan; to provide minimum standards to safeguard and enhance property values; to protect public and private investment in buildings and open spaces; to preserve and improve the appearance of the City as a place in which to live and to work, and as an attraction to nonresidents who come to visit or trade; to encourage sound signing practices as an aid to business and for the information of the public;to prevent excessive and confusing signing displays and to promote the public health, safety, and general welfare. 9.45.020 PERMIT REQUIREMENTS AND REVIEW PROCEDURES PERMIT REQUIRED - Sign permit approval from the Planning and Development Department is required prior to obtaining a building permit for the placing, erecting, moving, reconstructing, altering, or displaying any sign within the City, unless the review procedure is exempt under Section 9.45.080B or other provisions of this Chapter. Signs requiring approval shall comply with the provisions of this Chapter and all other applicable laws and ordinances. Signs legally existing prior to the effective date of this Chapter shall not require approval until such time as the sign is moved, structurally altered, changed or relocated; at which time, the review and approval provisions of this Chapter shall apply before a building permit is issued. 9.45.030 APPLICATION REQUIREMENTS AND PROCESS The following shall be submitted by the Applicant to the Planning and Development Department at the time of permit application unless otherwise modified by the Planning Director: Completed sign application obtained from the City. Appropriate sign plans with number of copies and exhibits as required in the application. Appropriate fees as established by Council resolution. MR/ORDDRFT.002 -2- M Letter of consent or authorization from the property owner, or lessor, or authorized agent of the building or premises upon which the sign is to be erected. A. Plans Required Information required - the following information must be shown on the sign plan: a. Sign elevation drawing indicating overall and letter/figure/design dimensions, colors, materials, proposed copy and illumination method. b. Site plan indicating the location of all main and accessory signs existing or proposed for the site with dimensions, color, material, copy, and method of illumination indicated for each. C. Building elevations with signs depicted (for non -freestanding signs). B. Review Sign applications shall be reviewed for compliance with the provisions of this chapter under either the standard application or planned sign program application. C. Standard Sign Program The Planning Director or other authorized staff member shall review standard sign applications and shall make a determination to either approve, approve with modification, or deny the application. The review shall consider the size, design, colors, character and location of the proposed signs. A standard sign application shall only be approved after a finding that the proposed sign is consistent with the intent and provisions of this chapter. D. Planned Sign Programs 1. Planned sign program review is required when the site will have more than two (2) permanent signs, or development projects requiring review by the Planning Commission, or when sign adjustments are requested. 2. The Planning Commission will make a determination to either approve, approve with modification, or deny planned sign program applications. MR/ORDDRFT.002 -3- The Planning Commission, upon completion of their review, may attach appropriate conditions. In order to approve a planned sign program application, the Commission must find that: a. The proposed sign or signs satisfy the intent of this chapter. b. The proposed sign or signs are in harmony with and visually related to: (1) Other signs included in the planned sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type or sign shape. (2) The buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified. (3) Surrounding development. Approval of a planned sign program shall not adversely affect surrounding land uses or obscure, adjacent, conforming signs. 4. Addition, replacement or modification of signs within a previously approved planned sign program. Application for the addition, modification, or replacement of signs requiring permits within the boundaries of an area having a previously approved planned sign program shall be made in the following manner: a. Whenever the total number of signs to be added, modified, or replaced total less than 25 percent of the number of permitted signs presently on the site, application shall be made under the provisions of a standard sign application. b. When the total number of signs to be added, modified, or replaced total 25 percent or more of the number of permitted signs presently on the site, application shall be made under the provisions of a planned sign program. For purposes of this subsection, exempted signs shall not be included in the above calculations. MR/ORDDRFT.002 -4- 0 E. Adjustments Adjustments to permit additional sign area, additional numbers of signs, an alternative sign location or an alternative type of signage may be granted by the Planning Commission. The Applicant for a planned sign program application must request the adjustment in writing on forms provided by the Planning and Development Department. The Planning Commission must find that one or more of the following facts exist when an adjustment is made: a. Additional Area: (1) To overcome a disadvantage as a result of an exceptional setback between the street and the sign or orientation of the sign location. (2) To achieve an effect which is essentially architectural, sculptural, or graphic art. (3) To permit more sign area in a single sign than is allowed, but less than the total allowed the site, where a more orderly and concise pattern of signing will result. (4) To allow a sign to be in proper scale with its building or use. (5) To allow a sign compatible with other conforming signs in the vicinity. (6) To establish the allowable amount and location of signing when no street frontage exists or when, due to an unusual lot shape (e.g., flag lot), the street frontage is excessively narrow in proportion to the average width of the lot. b. Additional Number: To compensate for inadequate visibility, or to facilitate good design balance. C. Alternative Locations: (1) On Site: To transfer area from one wall to another wall or to a freestanding sign upon the finding that such alternative location is necessary MR/ORDDRFT.002 -5- 0 to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback. (2) Lots Not Fronting On A Street: To permit the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street. In addition to any other requirements, the applicant shall submit evidence of the legal right to establish and maintain a sign within the access easement. (3) Additionally, alternative on -site locations may be granted in order to further the intent and purposes of this chapter or where normal placement would conflict with the architectural design of a structure. d. Alternative Type of Sign: To facilitate compatibility with the architecture of structure(s) on the site and improve the overall appearance of the site. 9.45.040 DISPOSITION OF PLANS A. When revisions to the sign plans are required as a condition of approval, the applicant shall submit the required number of copies of the revised plans to the Planning and Development Department to be stamped approved. The Department will retain copies and a set will be returned to the applicant B. After approval is granted, it shall be the responsibility of the applicant to submit all required applications, plans, bonds, and fees to the Building Division of the Planning and Development Department for issuance of a building permit. 9.45.050 EXPIRATION AND TIME EXTENSION OF SIGN PERMITS A. Approval of a standard application or planned program application shall expire one year from its effective date unless the sign has been erected or a different expiration date is stipulated at the time of approval. Prior to the expiration of the approval, the applicant may apply to the Planning Director for an extension of up to one year from the date of expiration. The Planning Director may make minor MR/ORDDRFT.002 -6- 0 9.45.070 9.45.080 modifications or may deny further extensions of the approved sign or signs at the time of extension if it is found that there has been a substantial change in circumstances. B. The expiration date of the sign(s) approval shall automatically be extended to concur with the expiration date of building permits or other permits relating to the installation of the sign. C. A sign approval shall expire and become void if the circumstances or facts upon which the approval was granted changes through some subsequent action by the owner or lessees, so that the sign would not be permitted under the new circumstances. APPEALS Decisions of the Planning Director or Planning Commission may be appealed within 15 days of the date of decision in accordance with Section 18.30(e) of the Municipal Land Use Ordinance. GENERAL PROVISIONS Sign Requirements: All signs must conform with the following, when applicable: 1. Illumination- Illumination from or upon any sign shall be shaded, shielded, directed, or reduced so as to avoid undue brightness, glare, or reflection of light on private or public property in the surrounding area, and so as to avoid unreasonably distracting pedestrians or motorists. "Undue brightness" is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street. Illuminated signs which face or are adjacent to residentially zoned property shall be restricted so that the illumination, glare or reflection of light is not visible from the residentially zoned property. 2. Maintenance- All signs, including signs heretofore installed, shall be constantly maintained in a state of security, safety and repair. If any sign is found not to be so maintained, or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which MR/ORDDRFT.002 -7- 0 the sign is fastened to repair or remove the sign after receiving notice from the City. The premises surrounding a freestanding sign shall be free and clear of rubbish and any landscaping area maintained in a tidy manner. 3. Landscaping for Freestanding Signs- All freestanding signs shall include, as part of their design, landscaping about their base so as to prevent vehicles from hitting the sign and to improve the overall appearance of the installation. 4. Inspection - All sign users shall permit the periodic inspection of their signs by the City. 5. Buildinas Facina on Two Parallel Streets Single or multiple occupancy buildings whose premises extend through a block to face on two parallel streets with customer entrances on each street are permitted one (1) freestanding sign per street frontage. Provided, however, that each freestanding sign is located on different streets frontages and are separated more than one -hundred (100) feet measured in a straight line between the signs. More Restrictive Provision to Apply - Whenever two (2) provisions of this code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision shall apply. Special Design Area Criteria - Signs to be located within the boundaries of a Specific Plan or other special design approval area, shall comply with the criteria established by such plan or area. 9.45.090 EXEMPTIONS The following signs do not require sign approval, nor shall the area and number be included in the area or number of signs permitted for any site or use. This shall not be construed as relieving the sign owner from the responsibility of obtaining a building permit for the sign, the sign's erection, maintenance and compliance with the provisions of this chapter or any other laws or ordinances: 1. Official notices issued by any court or public body or officer; MR/ORDDRFT.002 -8- n 2. Notices posted by any public officer in performance of a public duty or by any person in giving legal notice; 3. The flag, emblem, or insignia of any nation, political subdivision, fraternal, or religious organization, and those flags determined to be of a noncommercial, nonprofit civic character. The flag is subject to the guidelines concerning their use as set forth by the government or organization which is represented. All flags, emblems or insignias are limited to a pole height of 24 feet and the height of the flag at no more than one-fourth (1/4) the height of the pole. The Planning Commission may approve a flagpole higher than 24 feet or a flag that exceeds . one-fourth (1/4) the height of the pole. 4. Flush -mounted attached signs, used to identify the name and address of the occupant for each dwelling provided the sign does not exceed two (2) square feet in sign area. 5. Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses. 6. Memorial signs or tablets, names of buildings, stained glass windows and dates of erection when cut into the surface or the facade of the building or when projecting not more than two (2) inches. 7. Directional, warning, or informational structures required by or authorized by law or by Federal, State or County authority; including signs necessary for the operation and safety of public utility uses. 8. Credit Cards Accepted; Trading Stamps Given; Open/Closed; Association Membership; when not exceeding one-half (1/2) square foot per sign and six (6) in number, provided the signs are attached to the face or wall of a building. 9. Decorations: Such signs in the nature of decoration, clearly incidental and customary and commonly associated with any national, local or religious holiday. MR/ORDDRFT.002 -9- 10. Painting, repainting, cleaning of an advertising structure, or the changing of the advertising copy thereon shall not be considered an erection or alteration which requires sign approval unless a structural change is made. 11. Sculptures, fountains, mosaics, and design features which do not incorporate advertising or identification. 12. "No Trespassing", "No Dumping", "No Parking", "Private", signs identifying essential public needs (i.e., restrooms, entrance, exit, telephone, etc.) and other informational warning signs, which shall not exceed three (3) square feet in sign area. 13. Directional signs: Non -advertising, freestanding signs used to identify street entrance and exit. Said signs may have three (3) square feet of sign area and be three (3) feet in height. 14. Newspaper stand identification - provided the sign area does not exceed two square feet. 9.45.100 PROHIBITED SIGNS Prohibited signs are subject to removal by the City at the owner's or user's expense. The following signs or displays are prohibited: 1. Any sign not in accordance with the provisions of this ordinance. 2. Abandoned sign. 3. Animated signs. 4. Advertising vehicles. 5. Banners and flags not otherwise permitted. 6. Flashing signs. 7. Portable signs. 8. Off -premise signs not otherwise permitted. 9. Immoral or unlawful advertising signs. 10. Roof signs. MR/ORDDRFT.002 -10- n 11. Signs which purport to be, or are an imitation of, or resemble an official traffic sign or signal, or which bear the words "stop", "caution", "danger", "warning", or similar words. 12. Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination may be confused with or construed as a traffic control sign, signal, or device, or the light of an emergency or radio equipment vehicle; or which obstruct the visibility of traffic or street sign or signal device. 13. Signs which are located upon or projecting over public streets, sidewalks, or right-of-ways (unless specific approval has been granted). 14. Signs attached to utility poles. 9.45.110 TEMPORARY SIGNS The following signs are classified as temporary (nonpermanent) and are reviewed using the standard sign review process unless otherwise noted. The sign area and number shall not be included in the area or number of permitted permanent signs for any site or use. Signs not requiring approval shall not be construed as relieving the sign owner from the responsibility of obtaining a building permit for the sign, the sign's erection, maintenance, and compliance with the provisions of this chapter and the following provisions: 1. Model Home Complex Identification Sign: Said signs may be displayed only after a building permit is obtained and must be removed after new homes sales are completed. Said sign may have a maximum of 50 square feet of sign area, a maximum height of five (5) feet for freestanding signs and must be located below the roof line when attached to wall. Two (2) signs may be permitted; one (1) at the major access street and the other adjacent to the model complex. 2. Future Facility Construction Sign: Said sign may be displayed for a maximum period of one (1) year without any construction activity on the site. The sign shall be removed upon the expiration of the one (1) year limit unless a building permit has been issued. After issuance of a building permit, said sign may remain for 60 MR/ORDDRFT.002 -11- M days following the issuance of a Certificate of Occupancy. Said sign may have a maximum sign area of 40 square feet and a maximum height limit of 12 feet. Only one (1) sign is permitted per street frontage. 3. Garage Sale Signs: A sign permit is not required on residential property. The maximum number of signs is limited to one (1) on the subject property. The sign may have a maximum sign area of four (4) square feet and a maximum height of four (4) feet. 4. Seasonal Sales Conducted Outdoors: Said sign is limited to 16 square feet of sign area and 8 feet in height. Only one (1) sign is permitted per activity for a maximum 21-day period per site per calendar year. 5. Temporary Outdoor Event Signs: A sign permit is required for each event sign program. Said signs may be placed upon private property with owner consent. The signs may have four (4) square feet of sign area and a maximum height of four (4) feet. The signs may be displayed 30 days prior to the event and must be removed within seven (7) days after the event's conclusion. 6. Subdivision Directory Signs: One (1) freestanding sign may be permitted to identify the direction to or location of residential subdivisions within the City which have ongoing sales activity for the first-time sale of new residences. The sign may have 50 square feet of sign area and a maximum height of 15 feet. The sign must be located within reasonable proximity of the subdivision referred to therein. No such sign may be located within 1000 feet of any other such sign within the City. The sign may be used for a maximum of six (6) months, at which time, the sign is to be removed. A cash deposit shall be posted to the City to insure removal of the sign at the end of the six-month period. One (1), six-month extension may be granted upon request by the applicant. MR/ORDDRFT.002 -12- 7. Political Signs: Political signs having to do with any issue, ballot measure, ballot proposition, candidate, or group of candidates in any district, municipality, community, state or federal election does not require sign review, but shall be subject to the following: a. Any person, party, or group posting political signs in the City shall first post a bond or cash deposit with the City Clerk as established by the City Council guaranteeing compliance with the provisions of this ordinance. The City Manager may accept the personal written guarantee of the candidate or the measure sponsor in lieu of such bond or cash deposit. All political signs shall be placed no earlier than the first day of open registration for the election (except for special elections which may display such signs no sooner than 60 days prior to the election) and shall be removed within seven (7) days after the election in which the candidate or issue advertised on a sign has been determined. For a successful candidate in a primary election, the signs may remain until the final election, but must be removed within seven (7) days after that election. In the event all signs are not removed within the specified time or are posted prior to the specified time period, the bond or cash deposit shall be forfeited in its entirety and the City shall have the right to remove and dispose of same. b. The signs may be placed upon private property only, and shall not be placed, posted, or attached to telephone poles, power poles, or other public utility facilities or within any street right-of-way. C. Each sign is limited to a maximum of 10 square feet of sign area. Real Estate For Sale, Lease, or Rent Signs: A sign permit is not required for signs under six (6) square feet of sign area. All signs must be constructed of wood, metal or plastic or other durable material and pertain only to the sale, MR/ORDDRFT.002 -13- E lease, or rent of the particular building, property, or premises upon which displayed. The signs may be attached to a building wall or freestanding, only one per public or private street frontage and non -illuminated. The sign area size and height is as follows: RESIDENTIALLY ZONED PROPERTY: Under 1 acre - 6 square feet, 4 feet high 1 to 10 acres - 16 square feet, 8 feet high Over 10 acres - 24 square feet, 8 feet high COMMERCIALLY ZONED PROPERTY: Under 1 acre - 16 square feet, 8 feet high 1 to 10 acres - 24 square feet, 8 feet high Over 10 acres - 32 square feet, 8 feet high 9. Real Estate Directional "Open House" Signs: A sign permit is not required for "open house" signs. All exterior open house signs must be constructed of metal, wood, plastic or other durable material and have a maximum sign area of four (4) square feet and four (4) feet in height. Said signs are permitted only during daylight hours and when a realtor or seller or an agent is in attendance at the property for sale, rent, or lease. Flags or banners shall not be used. The maximum number of signs is limited to two (2) at the following locations: a. One (1) at the closest street intersection; on private property with the written consent of the property owner; and b. One (1) on the subject property. 10. Window Signs: Temporary informational signs not exceeding 10% of the window area of a business may be used. A sign permit is not required. 9.45.120 SIGN REGULATIONS The following regulations pertain to the size, location, number and illumination of permanent signs for use within the City. MR/ORDDRFT.002 -14- A. Specified Uses 1. Apartments & Multi -Family Buildings Complex Each complex is permitted one attached sign having a maximum sign area of 12 square feet. Illumination is permitted. 2. Apartments & Multi -Family Building Complex Containing More Than 3 Units Each complex is permitted signage which identifies the complex, building and/or unit number, street address, and provides an area to identify units for rent or lease. The total signage is limited to one (1) freestanding sign per entrance from an access street to the property, having a maximum sign area of 24 square feet and a height of 5 feet; and one attached sign having a maximum sign area of 12 square feet. The signs may be indirectly lighted or internally illuminated. 3. Residential Each development is permitted a sign which identifies the development name at major entrances determined during project review. The identification sign(s) may have a maximum sign area of 32 square feet and a height of 8 feet. Ilumination is not permitted. 4. Public Uses, Institutional Uses, Schools, Each use, when not otherwise located with other unrelated uses within a multiple -building complex or a multiple -tenant building, is permitted attached and/or freestanding signage. The total aggregate area of all signs shall be fifty (50) square feet. From the total sign area, only one freestanding sign is permitted with a maximum sign area of 25 square feet and a height of 8 feet. Only two (2) separate attached signs are permitted. MR/ORDDRFT.002 -15- 5. 6. 99 Day Care Facilities A facility licensed to care for 10 or more children located in a residential zone is permitted one non -illuminated wall sign having a maximum sign area of 12 square feet. Hotels/Motels Each use when not located within a multiple building complex or multiple -tenant building is permitted illuminated wall and/or freestanding signage. The total signage may have a maximum sign area of 100 square feet. From the total signage only one freestanding sign is permitted with a maximum sign area of 50 square feet and a height of 15 feet. Only two separate attached signs are permitted. Restaurant Menu Boards In addition to those signs permitted by this chapter, a restaurant may attach a sign on a wall or window, not to exceed three square feet, displaying the menu and/or daily specials. Gasoline Service Stations - Freestanding Use Each service station use, not ancillary to the principal use of the site, is permitted signage as follows: a. One double-faced freestanding monument sign not to exceed 24 square feet in area or not to exceed 8 feet in height, and advertising only the name of the company; b. One 10-square-foot wall sign advertising the company name and/or operator; C. One wall or ground sign, not exceeding 8 square feet in area or 8 feet in height For a ground sign, advertising the actual lowest price per gallon, including all taxes, at which regular, premium, and unleaded gasoline are currently being offered. Any special conditions required for sale at such lowest price shall also be indicated. MR/ORDDRFT.002 -16- E B. General Retail Sales and Services, Business and Professional Offices. Eatina and Drinkina 1. Freestanding Signs a. Each commercial complex containing a multiple -tenant building or multiple buildings is permitted one complex identification sign per street frontage. The area of any one sign shall not exceed one -quarter (1/4) of a square foot of sign area per lineal foot of street frontage, or fifty (50) square feet, whichever is less. The aggregate area of all such signs shall not exceed one hundred (100) square feet and sign area may not be combined among street frontages. b. Individual commercial uses, with a minimum of two hundred feet of street frontage and not a part of a larger complex, are permitted one freestanding business identification sign of up to one-half of the area permitted for attached signs, not to exceed fifty (50) square feet. Freestanding sign area shall be subtracted from the total allowable attached sign area. C. The maximum height of any freestanding sign shall be twelve (12) feet. 2. Attached Signs a. Each tenant within a multiple -tenant commercial complex may have one attached identification sign not to exceed one (1) square foot of sign area per lineal foot of tenant space frontage along a street, or frontage along a common -use parking lot where no direct street frontage is provided, not exceeding fifty (50) square feet. Corner, end, or separate tenant spaces may split the allowable frontage sign area among two (2) signs. b. Individual commercial uses not a part of a larger complex are permitted two attached signs not to exceed an aggregate area of one square foot of sign area per lineal foot of building frontage along a street not to exceed a maximum aggregate area of fifty (50) square feet. MR/ORDDRFT.002 -17- L;J 3. Directional Signs for Second -story Businesses Businesses maintained exclusively on the second floor of a two- or more story building may be identified as part of a directory sign attached to the wall adjacent to the secondary entrance. The total or aggregate area of the attached sign identifying the business shall not exceed 20 square feet of sign area. 4. Sign for Pedestrian Traffic Where the principal sign for a business is located so that it cannot be seen by pedestrian traffic, an identification sign, in addition to that otherwise allowed in this chapter, shall be permitted. Such a sign shall be no larger than three square feet (three feet on each side) and it shall be designed and located so as to not distract from the appearance of the building or violate the intent of this chapter. 5. Directional Signs for Courtyard or Plaza Where multi -tenant buildings or multiple -building complexes are designed to contain tenant spaces oriented to an interior courtyard or plaza and where the principal business identification sign is located on that courtyard or plaza frontage, the multi -tenant building or multiple -building complex may be permitted a pedestrian directional sign(s), which groups the names of businesses and/or principal services to be found in the courtyard or plaza, located at major pedestrian entrances to the plaza or courtyard, as follows: a. Permitted signs shall not encroach into the public right-of-way. b. Permitted signs may be allowed up to a maximum of one and one-half square feet of sign area for the identification of each individual tenant space. This area may be utilized by individual sign panels grouped together or by one panel containing the aggregate area of all courtyard or plaza tenants. In addition to the sign area permitted for individual tenants, a permitted sign may be allowed up to a MR/ORDDRFT.002 -18- 9.45.130 C. maximum of two square feet of sign area for purposes of directing pedestrians to the courtyard or plaza, by means of graphic symbols and/or lettering. C. Permitted signs may either be attached or freestanding, if properly integrated into the architectural and landscape design of the building. d. Permitted signs shall have a maximum height of seven feet above the pedestrian walkway, whether wall mounted or freestanding. e. Permitted signs, including supports, shall have a maximum width of four feet whether wall mounted or freestanding. Sign Locations All attached signs, unless otherwise noted, must be located below the roof line of the building or the finished floor line of the second story on a multiple -story building. Freestanding signs may be located anywhere on the premises except within 5 feet of a public or private street or right-of-way, or within the corner cutoff area as illustrated (identified in Section ). EXISTING SIGNS A. Continuance: Any signs existing at the time of adoption of this chapter may be continued to be in operation and be maintained provided: 1. The Planning Director determines that such sign(s) are properly maintained and do not in any way endanger the public. 2. The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of this chapter. 3. No such sign shall be changed in any manner that increases the noncompliance of such sign with the provisions of the regulations relating to the sign use. This does not preclude changing of an advertising message. 4. The burden of establishing a sign to be legally existing under this section rests upon the person or persons, firm or corporation claiming legal status for a sign. MR/ORDDRFT.002 -19- R Termination: An existing sign must be brought into compliance with this Chapter when: 1. Abandoned - A sign is abandoned when the sign does not pertain to the business/activity established within the building, or on the property. 2. The structure or size of the sign is altered in any way except towards compliance with this Chapter. This does not refer to change of copy or normal maintenance. 3. whenever the sign is damaged or destroyed beyond 50 percent: The determination whether a sign is damaged or destroyed beyond 50 percent shall rest with the Planning Director and shall be based upon the actual cost of replacing said sign; and/or, 4. Structurally substandard under any applicable ordinance of the City to the extent that the sign becomes a hazard or a danger. Sign Removal 1. The removal of any terminated and/or unlawful sign shall be by using one or a combination of the following methods: a. Immediate Removal: Any sign which does not comply with this chapter must be removed immediately by the business owner, property owner, or may be removed by the City. No prior written notice needs to be given by the City. Any sign removed by the City will be retained for 10 days, and if not claimed, will be destroyed. The City may use any means available to recoup enforcement costs associated with the sign removal. b. Public Nuisance: The City may use the public nuisance procedures as contained in Chapter 11.72 of the La Quinta Municipal Code. C. Notification Method: The City may send an official Termination Notice by certified mail to the owner of property upon which a terminated or unlawful sign is located. The MR/ORDDRFT.002 -20- Notice shall identify why the sign is to be removed and indicate the removal period to be within 30 days from the date the Notice is sent. Should the sign not be removed within the time period specified, the City may remove or have the sign removed and the costs charged to the property owner. If the removal costs have not been paid and the sign reclaimed within 30 days of the removal by the City, the City may sell or otherwise dispose of the sign and apply the proceeds towards the original removal costs. Any proceeds in excess of the cost of removal shall be paid to,the property owner. As an alternative method of recouping costs, the City may lien the property as provided in the California Government Code. 2. Neither the liable for under this 9.45.140 OFF -PREMISE SIGNS City nor any of its agents shall be any damage to the sign when removed section. No person shall erect or maintain an off -premise sign, except in accordance with the provisions of this Chapter. This does not preclude changing of an advertising message or customary maintenance of a legal existing off -premise sign. f:1 f Where Permitted: Off -premise signs are permitted in areas designated "Commercial Park" in the General Plan. Regulations: 1. Each sign shall be at least 500 feet from any other such display. 2. The maximum sign area shall not exceed 300 square feet. 3. The maximum height of the sign shall not exceed 25 feet. 4. No display shall be affixed on or over the roof of any building, and no display shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard style roof shall be considered a parapet. MR/ORDDRFT.002 -21- E S. No display shall be erected within an established setback or building line or within road right-of-way lines or within future road right-of-way lines that have been established by a general or specific plan. C. Application Requirements: In addition to an application for an off -premise sign, the following shall be included: 1. A general description of the property upon which the sign is proposed to be placed. 2. Elevations showing the type and size of sign proposed. 3. A site plan showing: a. Property lines and dimensions. b. Nearest buildings within 500 feet in each direction. C. Nearby public and private roads or right-of-ways. d. Building setback lines. e. Future road right-of-ways. D. Review: Off -premise sign shall be reviewed according to Section 9.45.030 D. - Planned Sign Programs. 9.45.150 DEFINITIONS ABANDONED SIGN means any sign which is located on property which becomes vacant and unoccupied or any sign which relates to any occupant or business unrelated to the present occupant or his business, or any sign which pertains to a time, event or purpose which no longer applies. ADVERTISING VEHICLES means any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way which has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This provision is not be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business. Public buses or taxis are exempt from this chapter. MR/ORDDRFT.002 -22- ANIMATED SIGN means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are public service message center signs and flags. ATTACHED SIGN means any sign attached to or painted directly on a wall, or erected against the wall of a building. Attached signs include canopy signs, fascia signs, mansard roof signs, and projecting signs. BANNER means a sign not made of rigid material and not enclosed in a rigid frame, and which is secured or mounted so as to allow movement. CANOPY means a fixed structure of any material and any length, projecting from and connected to a building and/or columns and posts from the ground, or supported by a frame extending from the building and/or posts from the ground. CANOPY SIGN means any sign attached to the underside or constructed upon a canopy which maintains an eight -foot ground clearance. DIRECTIONAL SIGN means any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. Such a sign contains no advertising copy (examples are: one-way, entrance, exit, parking in rear, 15 miles per hour, no left turn). FACE OR BUILDING WALL means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts. FASCIA means a parapet -type wall uses as part of the fascia of a flat -roofed building and projecting not more than six (6) feet from the building face immediately adjacent thereto. Such a wall shall enclose at least three (3) sides of the projecting flat roof and return to a parapet wall or the building. FLASHING SIGN means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Excluded from the definition are public service message center signs. MR/ORDDRFT.002 -23- ® 0 FREESTANDING SIGN A sign supported by one or more uprights, poles, posts or braces placed in or upon the ground which are not a part of or attached to a building. This definition includes monument signs, pylon signs, ground signs and pole signs. FUTURE FACILITY CONSTRUCTION SIGN means any sign used to identify the architects, engineers, contractors, lending institutions or other individuals or firms involved with the construction of a building and announce the character of the building or the purpose for which the building is intended. GARAGE SALE SIGNS (i.e., yard sales, moving sales, patio sales) means temporary signs used to announce a sale of used items. HEIGHT OR HEIGHT OF SIGN means the vertical distance from the average adjacent ground level within five feet of the base of the sign to the highest,point of a sign or any vertical projection thereof, including its supporting columns and any design element. LANDSCAPING means any material used as a decorative feature, such as shrubbery or planting materials within planter boxes or concrete bases, used in conjunction with a sign which expresses the theme of the sign and related structure but does not contain advertising copy. MANSARD ROOF SIGN means any sign attached to or supported by a mansard roof. A "mansard roof" is a roof having two slopes, the lower steeper than the upper and having a slope of 60 degrees or greater with the horizontal plane. MULTIPLE -BUILDING COMPLEX means more than one structure on a parcel of land housing commercial uses in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide an area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple -building complex may, but need not, include common ownership of the real property upon which the center is located, common -wall construction, and multiple -tenant commercial use of a single structure or structures in multiple buildings. MULTIPLE -TENANT (COMMERCIAL) BUILDING means a commercial development in which there exists a number of separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall ), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple -tenant MR/ORDDRFT.002 -24- commercial building may, but need not, include common ownership of the real property upon which the center is located, common -wall construction, and multiple -occupant commercial use of a single structure. OFF -PREMISE SIGN means a structure which bears a sign which is not appurtenant to the use of the property where the sign is located, or a product sold or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as a purveyor of the merchandise or services advertised upon the sign. Temporary signs are exempt as provided within this chapter. PARAPET WALL means a wall extending above the plate line of a building. PERMANENT SIGN means any sign which is intended to be and is so constructed as to be a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall or building, provided the sign is listed as a permanent sign in the ordinance. PLANNED SIGN PROGRAM means a mandatory alternative to the standard sign application procedures for the application and review of sign permits. It is intended to provide additional flexibility in the application of the regulations of this chapter. POLITICAL CAMPAIGN SIGN means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election or referendum, initiative, or pertaining to the advocating by persons, groups or parties of the political views or policies. PORTABLE (MOBILE) SIGN means a sign made of any material, which by it design, is readily movable and is equipped with wheels, casters or rollers or which is not permanently affixed to the ground, structure of building. (Also includes sidewalks or sandwich board signs.) PROJECTING SIGN means any sign with two parallel faces no more than 18 inches apart projecting 12 inches or more from the wall or eaves of a building. No guy wires, braces, or secondary supports should be visible. PUBLIC SERVICE MESSAGE CENTER SIGN means an electronically or electrically controlled sign or portion of a larger sign which conveys only information such as time, date, temperature, atmospheric condition or general news information where different alternating copy changes are shown on the same lamp bank matrix. MR/ORDDRFT.002 -25- REAL ESTATE SIGN means a temporary sign advertising the sale, lease or rent of the property upon which it is located, and the identification of the person or firm handling such sale, lease or rent. ROOF SIGNS means any signs erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building. SEASONAL SALES SIGN means a sign used to advertise a business or merchandise held seasonally for a limited interval, all or most of whose business is conducted, or items displayed, in an open area. SIGN AREA means the entire area within a single continuous perimeter composed of squares or rectangles which enclose the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame, background area of sign, structural trim, or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface for a two-sided sign which is visible from any ground position at one time. Any sign with more than two sides - the permitted sign area is divided by the total number of sides. The supports or uprights on which any such sign is supported shall not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the display. SIGN means any medium for visual communication which is used or intended to be used to attract attention to a location or subject matter for advertising, instruction or information purposes. SPECIAL ADVERTISING DEVICES means temporary signs, posters, banners, strings of lights, clusters of flags, balloons and searchlights used to announce the opening of a completely new enterprise or the opening of an enterprise under new management or special occasions. SPECIAL EVENT SIGNS means temporary signs used to announce a circus, a carnival, festivals or other similar events. SUBDIVISION SIGN means a sign containing the name, location or directions to a builder, developer, and pertinent information about a subdivision for which there is a properly approved and recorded map and in which homes remain to be constructed or initially sold. MR/ORDDRFT.002 -26- TEMPORARY SIGN means any sign, banner, pennant, valance, flags (not intended to include flags of any nation, state, city, or other governmental agency, or nonprofit organization), searchlights, balloons or other air- or gas -filled figures or advertising display constructed of wood, cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frame, intended to be displayed for a limited period of time only. WINDOW SIGNS means any sign painted on or attached to a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located. MR/ORDDRFT.002 -27-