1987 07 14 PCle
A G END A
1..w-" 4k.
�fM OF
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
July 14, 1987 - 7:00 p.m.
I. CALL TO ORDER
Flag Salute
II. ROLL CALL
A. RESOLUTIONS OF RECOGNITION - COMMISSIONERS KIMBERLY BRANDT
AND THOMAS THORNBURGH.
B. OATH OF OFFICE - CITY CLERK RON KIEDROWSKI WILL ADMINISTER
THE OATH OF OFFICE TO NEW AND REAPPOINTED COMMISSIONERS JOHN
WALLING, JOHN BUND, AND PETER ZELLES.
C. ELECTION OF NEW CHAIRMAN AND VICE CHAIRMAN - CONTINUED TO
JULY 28, 1987.
III.HEARINGS
A. PUBLIC HEARING: CHANGE OF ZONE 86-024 AND TENTATIVE
TRACT MAP 21939 WITH LOT SIZE VARIANCE.
APPLICANT: CODY & BRADY
LOCATION: GENERALLY LOCATED ALONG THE WEST SIDE
OF THE ALL AMERICAN CANAL AND SOUTH OF
AVENUE 54.
PROJECT: CHANGE ZONE FROM W-2-20 TO W-2-10;
SUBDIVIDE 126.8 ACRES INTO 12 CUSTOM
HOME LOTS AND ONE OPEN SPACE LOT; AND A
VARIANCE TO THE MINUMUM LOT SIZE
REQUIREMENTS OF THE W-2 ZONE.
1. Staff Report
2. Public Comment
3. Commission Discussion
4. Hearing Closed
5. Motion for Commission Action
MR/AGENDA.714
B. PUBLIC HEAIWG: CHANGE OF ZONE 87#5 AND PLOT PLAN
87-381 WITH A PARING SPACE AND WALL
VARIANCE.
APPLICANT: BENJAMIN URMSTON/WARREN JOHNSON - OWNER
LOCATION: THE NORTHEAST CORNER OF AVENIDA
BERMUDAS AND CALLE CADIZ.
PROJECT: CHANGE OF ZONE FROM R-1*++ to C-P-S;
CONSTRUCTION OF A TWO-STORY OFFICE
BUILDING ON .23 ACRES; AND A PARKING
SPACE AND WALL BUFFER VARIANCE.
1. Staff Report
2. Public Comment
3. Commission Discussion
4. Hearing Closed
5. Motion for Commission Action
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 meeting of June 23,
1987.
VI. BUSINESS
A. Appointment of new Sub -Committee members for Highway 111
Specific Plan
B. Commission Agenda Items: Identification of future
discussion items
VII.OTHER
Information and Discussion Items:
A. Dark Sky Regulations
B. CVWD 1987-88 Capital Improvement Program in La Quinta
C. Final Draft of Sign Regulations
D. Copy of Chapter 5.64 - Special Advertising Devices
VIII. ADJOURNMENT
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
** NO STUDY SESSION JULY 13, 1987 **
MR/AGENDA.714
DATE:
APPLICANT:
OWNER:
PROJECT:
PROJECT LOCATION:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING:
ENVIRONMENTAL
CONSIDERATIONS
0
STAFF REPORT
PLANNING COMMISSION MEETING
JULY 14, 1987
CODY & BRADY, ARCHITECTS
DR. GABRIEL M. GIANNINI (GUARDIAN)
!l
• CZ 87-024; A REQUEST TO AMEND THE
ZONING MAP FROM W-2-20 TO W-2-10 FOR 126.8
ACRES
• VAR 87-003; A VARIANCE TO REDUCE LOT SIZE
AND DIMENSION REQUIREMENTS OF THE W-2 ZONING
DISTRICT
• TT 21939; A REQUEST TO SUBDIVIDE 126.8
ACRES INTO 12 RESIDENTIAL LOTS AND ONE 117.2
ACRE OPEN SPACE PRESERVATION PARCEL
GENERALLY SOUTH OF THE ALIGNMENT OF AVENUE 34
ALONG THE WEST SIDE OF THE ALL AMERICAN CANAL
RIGHT-OF-WAY (SEE ATTACHMENT #1)
OPEN SPACE (DENSITY DEPENDENT UPON SITE
SPECIFIC CONSTRAINTS)
W-2-20 (CONTROLLED DEVELOPMENT; 1 UNIT PER 20
ACRES)
ENVIRONMENTAL ASSESSMENT #86-062 WAS PREPARED
IN ACCORDANCE WITH REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
POTENTIAL IMPACTS WERE IDENTIFIED DUE TO
GROUND SHAKING, AND IMPACTS TO ANIMAL LIFE,
TO PUBLIC SERVICES/UTILITIES AND SCENIC VIEWS
WERE ALSO IDENTIFIED. THESE IMPACTS CAN BE
MITIGATED TO THE EXTENT THAT THEY WILL NOT BE
SIGNIFICANT, AND A NEGATIVE DECLARATION HAS
BEEN PREPARED.
MR/STAFFRPT.008 1
PROPOSAL BACKGROUND
The original tentative tract application incorporated a General Plan
Amendment (GPA) request to change the land use map designation from
Open Space to Low Density Residential (2-4 units per acre). The
amendment was subsequently withdrawn, based on a determination by
the Planning Commission that a zoning designation of W-2-10 could
accommodate the project concept, with the allowance for density
transfer to the developable portions (9.6 acres) of the site and
still be in conformance with the General Plan based on the fact that
the Open Space category does not specify density. Subsequently, the
Change of Zone request was modified from R-1-12,000 to W-2-10, which
allows 12.68 units over the entire 126.8 acre site.
A variance request is sought based upon the topographical constraints
of the property, in that only 9.6 acres (7.5%) of the Applicant's
property is developable, and that the City will likely require
dedication of the remaining property (mountain) as a public view
easement.
ANALYSIS
1. A zone change from W-2-20 to W-2-10 will accommodate the
proposal, while retaining much of the site as open space which is
consistent with the Open Space designation of the General Plan.
2. The zoning proposed is considered consistent with the General
Plan land use designation, and intent and policies of the Open
Space land use designation, given the development limitations.
The density, based upon the developable acreage of + 9.6 acres,
is 1.25 units per acre.
3. A variance is requested to allow a smaller lot size than the
required minimum square footage of 20,000 square feet. Proposed
lot sizes range from 12,943 square feet to 17,325 square feet,
widths range between 95 to 130 feet, and depths between 78 and
152 feet. These are relatively large lot sizes given the amount
of developable area, topographical constraints and access
requirements.
4. One of the criteria evaluated before granting a variance is to
assure that it does not constitute a grant of special privilege
inconsistent with other properties in the same area and zone.
The intent of the Open Space category is to limit development,
not to preclude it. This site does have developable area which
can be serviced by necessary access and utilities.
The issue is whether or not the variance is justifiable. It
could be argued that there would be no granting of special
privileges, as other W-2 zoned properties in the area are not as
severely limited by topography, thereby having greater
development opportunity than the subject site.
MR/STAFFRPT.008 2
Lill
5. Tract Map
A. Circulation
The project has access from Avenue 54 by proposing a bridge
crossing over the All American Canal. This would access a
private road system via an entry gate. The 12 residential
lots would front on the easterly right-of-way of the private
roadway, where a series of detention basins would be
generally located to the west (refer to Attachment #3).
Clearances for the proposed bridge and a 24-foot emergency
"loop" access within CVWD right-of-way have tentatively been
granted and are on file. Secondary access to the project
side of the canal is available via a CVWD access road (from
the west side of Jefferson Street along the north and west
sides of the canal). CVWD has also given permission to the
Applicant to use this roadway as secondary access. Any
modification/improvement to the road to make it passable for
emergency access should be in accordance with City
requirements. The proposed private road is 32 feet in
right-of-way width, which has been accepted in the past
provided parking is restricted to only one side. A parking
plan should be provided for City review. Also, future
review of any proposed entry gate will be conducted by the
Planning and Development Department.
B. Site Design
The proposal concerns only the division of land. No
development currently is proposed. All future dwellings and
structures would be reviewed by the Planning and Development
Department by staff. As noted previously, the proposed lot
sizes do not all meet the minimum requirements for size,
depth and width. Attachment 42 shows the provided lot sizes
and the minimum requirements of the W-2 zone. Five of the
12 lots meet depth/width requirements, while none meet the
minimum square footage requirements. The reduced lot
width/depth/size would not be considered significant in
terms of their developability, as the lot sizes proposed are
substantially larger than a standard R-1 lot (7,200 square
feet).
The existing grade is approximately 15 feet below the top of
the canal levee. Preliminary grading plan shows finished
pad elevations at between 8 and 10 feet above the levee.
Limiting building heights to 17 feet and requiring screening
along the canal -side subdivision boundary should reduce any
impacts to the PGA West development relative to views, as
well as reduce hazards to residents from the adjacent canal
right-of-way. Detention areas should also be screened to
avoid possible safety hazards. Protective barriers should
be provided along the westerly limits of development to
mitigate potential falling rock and possible landslide
MR/STAFFRPT.008 3
hazards (see Attachment #3). A geological engineering
report should be required to identify specific actions which
will be necessary to protect the developed areas prior to
any construction activity.
Relationship to General Plan
The following elements relate to the Applicant's proposal:
HAZARDS ELEMENT: Policy 4.1.3 identifies watersheds of 20
percent slope or less as limited development areas. These
areas, "shall limit development to access roads, rural
homesites, and recreational uses only." Based on the EIR
prepared for PGA West, the project is at the edge of a
tributary drainage area to Lake Cahuilla and the All
American Canal, consisting primarily of mountain slopes.
While the proposal might be construed to be inconsistent
with the subject policy, it should be noted that the Open
Space category has not been fully refined, relative to
densities and developable area. Projects are evaluated on a
case -by -case basis when located in the Open Space category.
If the project can retain the tributary and on -site drainage
and reduce impacts due to flooding, it could be argued that
the proposal can maintain consistency with the policy's
intent, which is to reduce flood hazard.
CULTURAL RESOURCES ELEMENT: Policy 5.1.6 requires parkland
dedication or in -lieu fees by residential developers.
Dedication of lot 13 (117.2 acres) as a public view easement
can be considered as complying with this policy, as the
parcel could be used in the future to develop a hiking trail
system. This easement will also protect potential bighorn
sheep and prairie falcon areas, although past environmental
documentation has indicated that no such activity has been
monitored.
Policy 5.2.3 requires undergrounding of utilities wherever
possible. Imperial Irrigation has indicated that the
existing overhead lines could be undergrounded if CVWD is
amenable to this.
Policy 5.3.1 requires that development plans be reviewed by
a qualified archaeologist prior to final approval. This
would be required prior to final map approval.
INFRASTRUCTURE
provision for
facilities.
ELEMENT: Policy 7.4.4 reiterates the
undergrounding of existing overhead power
MR/STAFFRPT.008
D. Environmental
Potential adverse impacts due t
mitigated through the proposed
restrictions can be attached to
compatible appearance with PGA
have to demonstrate that specif
requirements can and will be me
approved.
FINDINGS
o the proposal should be
approval conditions. Design
create an attractive,
West. The Applicant will
is technical engineering
t should the project be
Findings for the proposal can be found in the attached Planning
Commission Resolutions 87-009, 87-010, 87-011.
RECOMMENDATION
By adoption of the attached Planning Commission Resolutions Nos.
87-009 and 87-010, recommend to the City Council approval of Change
of Zone No. 86-024 and Tentative Tract No. 21939; and further, based
upon the above analysis, it is recommended that Planning Commission
Resolution No. 87-011, granting Variance No. 87-003, be approved; and
that a Negative Declaration be filed in conjunction with this project.
Attachments: 1.
Vicinity
Map
2.
Lot Sizes
and Dimensions
3.
Preliminary
Grading
and Tract Layout
4.
Planning
Commission
Resolution No. 87-009
5.
Planning
Commission
Resolution No. 87-010
6.
Planning
Commission
Resolution No. 87-011
MR/STAFFRPT.008
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CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 21939
JULY 14, 1987
f0al0�A21!aA\6
1. Tentative Tract Map No. 21939 shall comply with the standards and
requirements of the State Subdivision Map Act and the City of La
Quinta Land Division Ordinance, unless otherwise modified by the
following conditions.
2. This tentative tract map shall expire two years after the date of
approval with the ability to extend approval as provided by State
Subdivision Map Act and the La Quinta Municipal Code.
3. The final map shall conform substantially with the approved
tentative map (Exhibit A) as contained in the Planning and
Development Department's file for Tentative Tract Map No. 21939
and the following conditions of approval, which conditions shall
take precedence in the event of any conflict with the provisions
of the tentative tract map.
R*Q-14 *k9wH 7'MaJ1te)2Wa\ZIIX" C711a4di H
4. The Applicant shall comply with the following requirements of the
Public Works Department:
a. Applicant shall dedicate all necessary public street and
utility easements as required by the City Engineer,
including right-of-way for offset cul-de-sac at Avenue 54.
b. Applicant shall construct street improvements for cul-de-sac
portion of 54th, bridge crossing, and private interior
street.
C. A thorough preliminary engineering geological and soils
engineering investigation shall be done and the report
submitted for review along with the grading plan. The
report's recommendations shall be incorporated into the
grading plan design prior to grading plan approval. The
soils engineer and/or the engineering geologist must certify
to the adequacy of the grading plan. Said report shall take
into account slope stability factors, slope failure
potential and mitigation measures for potential hazards from
falling rock.
MR/CONAPRVL.007 1
d. The developer of this subdivision of land shall cause no
easements to be granted or recorded over any portion of this
property between the date of approval by the City Council
and the date of recording of the final map without the
approval of the City Engineer.
e. A thorough, detailed hydrology analysis shall be submitted
prior to final map recordation, which shall demonstrate that
the proposed detention areas are capable of handling both
on -site and off -site tributary drainage of the area. Final
approval of the study shall be through the Public Works
Director. CVWD approval shall also be required.
f. Drainage disposal facilities shall be provided as required
by the City Engineer. The drainage improvements shall
accommodate all tributary drainage. Final building pad
height to be 1.0 feet above 100-year storm water surface.
CVWD approval shall also be required.
g. The Applicant acknowledges that the City is considering a
City-wide Landscape and Lighting District and, by recording
a subdivision map, agrees to be included in the District.
Any assessments will be done on a benefit basis.
h. "Private Street" signs shall be posted as per requirements
of the City Engineer/Public Works Director.
i. On -street parking shall only be permitted on one side of the
street. Plans depicting method of restriction shall be
submitted to the Planning Division and Public Works
Department for review and approval.
j. Plot plan review shall be conducted prior to the
installation of any future entry gate.
k. Final signed agreements authorizing improvements within CVWD
right-of-way shall be submitted to the Public Works
Department prior to final map recordation.
PUBLIC SERVICES AND UTILITIES
5. The Applicant shall maintain secondary access along the CVWD
service road, from Jefferson Street along the north and west
sides of the All American Canal. The signed contractual
agreement for this provision shall be submitted to the Planning
and Development Department and the Fire Marshal's office.
Applicant shall be responsible for any improvement/upgrading of
the access road to City standards.
6. The Applicant shall provide and dedicate to the Coachella Valley
Water District any land needed for the provision of additional
facilities, including, but not limited to, sites for wells,
reservoirs and booster pumping stations.
MR/CONAPRVL.007 2
7. All power service extensions from the existing overhead power
lines, along the west side of the CVWD canal road, shall be
undergrounded. If CVWD authorizes undergrounding of said
existing overhead power lines from Avenue 54 south to the CVWD
flood gate, then the Applicant shall underground these lines as
well. The Applicant shall be responsible for coordinating such
work with CVWD and IID. Written clearance for all activities
shall be submitted to the Planning and Development Department.
The Applicant shall comply with the following requirements for
utility easements:
a. Prior to submittal of the final record map for plan check,
the Applicant shall coordinate with all utility companies
(including gas, water, sewer and electricity) to ensure that
adequate provisions are made for on- and off -site easements
for the provision of future facilities.
b. At the time of final map submittal, the Applicant shall
provide the Planning and Development Department with letters
from the applicable utilities stating that adequate
provisions for future facilities are provided and that there
are no conflicts with other easements.
All easements shall be shown on the final record map.
TRACT DESIGN
9. A minimum 10-foot landscaped setback shall be provided along
Avenue 54, to be consistent with the design provided for PGA West
along Avenue 54, west of Jefferson Street. Design of the setback
shall be approved by the Planning and Development Department.
10. Future building heights shall be limited to 17 feet above
finished grade.
11. Lot 13 shall remain in an undeveloped state. A public easement
over Lot 13 shall be granted to the City, so as to insure that
the property will be maintained as such. The easement agreement
shall be subject to review by the City Attorney, City Manager,
and the Planning Director prior to final map recordation, so as
to be recorded with the final map. The final map shall give
constructive notice of the restriction on this parcel.
WALLS FENCING, SCREENING AND LANDSCAPING
13. Prior to the issuance of building permits, the
Applicant/Developer shall :
a. Submit interim landscaping and irrigation plan for the lots
and all common -landscaped areas;
MR/CONAPRVL.007
® 0
b. Submit plans identifying perimeter fencing/walls at
detention areas, hillside areas, and CVWD right-of-way for
screening visual impacts, safety and slide protection;
C. Submit all proposed and/or required signage, including
method for restriction of parking as required by these
conditions.
d. Secure written approval of the proposed landscape plan from
the Riverside County Agricultural Commissioner's Office.
14. Areas visible from the easterly adjacent properties shall be
landscaped with native vegetation to blend in with the
surrounding hillside. Desert or native plant species and drought
resistant plant materials shall be incorporated into all
landscaping plans for the project.
15. All internal roadways within Tentative Tract No. 21939 shall be
private and shall be maintained as such.
a. Prior to recordation of the final map, the Applicant shall
submit to the Planning and Development Department proposed
CC & R's, which include a management and maintenance
agreement, in order to insure that the street system,
drainage, landscaping and all other common facilities will
be maintained in an adequate manner.-
b. A homeowner's association, with the unqualified right to
assess the owners of the individual lots for reasonable
maintenance costs for common property shall be established
in perpetuity. The association shall have the right to lien
the property of any owners who default in the payment of
assessments.
16. Applicant shall prepare for Planning Commission review and
approval architectural standards for the future residences, in
accordance with these conditions. These standards shall be
recorded as Conditions, Covenants and Restrictions, and shall be
submitted for review and approval prior to final map recordation.
17. At least thirty (30) days prior to the approval of a final map,
the Applicant/Subdivider shall have submitted to the City Manager
any and all claims or requests for credit toward Infrastructure
Fees attributable from the development of this tract. The City
Manager's report shall be made a part of the Council's
deliberation on a final map, and the action of the City Council
in the acceptance or rejection of any such claim or request shall
constitute the complete understanding between parties as to the
disposition of Infrastructure Fees as it may relate to any future
credit.
18. The Developer shall retain a qualified archaeologist immediately
upon discovery of any archaeological remains or artifacts and
employ appropriate mitigation measures during project development.
MR/CONAPRVL.007 4
PLANNING COMMISSION RESOLUTION NO. 87-009
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF CHANGE OF ZONE
FROM W-2-20 TO W-2-10.
CASE NO. CZ 86-024
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 14th day of July, 1987, hold a duly -noticed
public hearing to consider the request of John Cody & Dick Brady/Dr.
Gabriel Giannini for a Change of Zone, from W-2-20 (Controlled
Development Area; One Unit Per 20 Acres) to W-2-10 (Controlled
Development Area; One Unit Per 10 Acres) for a 126.8-acre site,
located along the west side of the All American Canal right-of-way,
and the south side of the Avenue 54 alignment, more particularly
described as follows:
The land referred to herein is situated in the
State of California, County of Riverside, and is
described as follows:
PARCEL 1:
That portion of the north half of the northwest
quarter of Section 17, Township 6 south, Range 7
east, San Bernardino Base and Meridian, in the
County of Riverside, State of California, according
to the official Plat thereof, lying westerly of
the All American Canal.
PARCEL 2:
That portion of the south half of the northwest
quarter of Section 17, Township 6 south, Range 7
east, San Bernardino Base and Meridian, in the
County of Riverside, State of California, according
to the official Plat thereof, lying southwesterly
of the All American Canal.
WHEREAS, said change of zone request has complied with the
requirements of "The Rules to Implement the California Environmental
Quality Act of 1970" (County of Riverside, Resolution No. 82-213,
adopted by reference in City of La Quinta Ordinance No. 5), in that
the Planning Director has conducted an initial study and has
determined that the proposed change of zone will not have a
significant effect on the environment; and
MR/RESODRFT.009 1
1
WHEREAS, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard,
said Planning Commission did find the following facts to justify the
approval of said change of zone:
1. The proposed change of zone to W-2-10 is consistent with the
goals and policies of the La Quinta General Plan.
2. W-2-10 zoning is consistent with the existing General Plan land
use designation of Open Space.
3. Approval of this proposal will not result in a significant
adverse impact on the environment.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
1. That the above recitations are true and correct and constitute
the findings of the Commission in this case;
2. That it does hereby confirm the conclusion of Environmental
Assessment No. 86-062, indicating that the proposed change of
zone will not result in any significant environmental impacts;
3. That it does hereby recommend to the City Council approval of the
above -described change of zone request for the reasons set forth
in this Resolution, and as illustrated in the map labeled Exhibit
A, attached hereto.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this day of , 1987, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CHAIRMAN
ATTEST:
PLANNING DIRECTOR
MR/RESODRFT.009 2
11
1S29.00•
W-2-10
APN: 769-260-001
W-2-10
APN: 769-250-002
1
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EXHIBIT "A"
CHANGE OF ZONE #86-024
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APPLICANT: CODY & BRADY, ARCHITECTS
PLANNING COMMISSION RESOLUTION NO. 87-010
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT
NO. 21939, TO ALLOW THE CREATION OF A LAND SALES
SUBDIVISION OF 12 RESIDENTIAL LOTS AND ONE OPEN
SPACE PARCEL ON A TOTAL OF 126.8 ACRES
CASE NO. TT 21939
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 14th day of July, 1987, hold a duly -noticed
public hearing to consider the request of John Cody and Dick Brady,
Architects/Dr. Gabriel Giannini, Guardian to subdivide 126.8 acres
into 12 residential lots and one open space parcel, generally south
of Avenue 54 and along the west side of the All American Canal, more
particularly described as:
A portion of Section 6, Township 6 south, Range 7
east, SBBM; and,
WHEREAS, said tentative map has complied with the
requirements of "The Rules to Implement the California Environmental
Quality Act of 1970" (County of Riverside, Resolution No. 82-213,
adopted by reference in City of La Quinta Ordinance No. 5), in that
the Planning Director conducted an initial study, and has determined
that the proposed tentative tract will not have a significant adverse
impact on the environment; and,
WHEREAS, at said Public Hearing, upon hearing and
considering all testimony and arguments, if any, of all interested
persons desiring to be heard, said Planning Commission did find the
following facts to justify the approval of said tentative tract map:
1. The Tentative Tract No. 21939, as conditionally approved, is
generally consistent with the goals, policies and intent of
the La Quinta General Plan and the standards of the
Municipal Land Division Ordinance.
2. That the subject site is physically suitable for the
proposed lAnd division.
3. That the design of Tentative Tract Map No. 21939 is not
likely to cause substantial environmental damage or injury
to fish or wildlife or their habitat.
4. That the design of the subdivision, as conditionally
approved, is not likely to cause serious public health
problems.
MR/RESODRFT.010
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
1. That the above recitations are true and correct and
constitute the findings of the Commission in this case;
2. That it does hereby confirm the conclusion of Environmental
Assessment No. 86-062 relative to the environmental concerns
of this tentative tract;
3. That it does hereby approve the above -described Tentative
Tract Map No. 21939 for the reasons set forth in this
Resolution and subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this day of , 1987, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CHAIRMAN
ATTEST:
PLANNING DIRECTOR
MR/RESODRFT.010 2
E
PLANNING COMMISSION RESOLUTION NO. 87-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS
AND GRANTING A VARIANCE FROM MINIMUM LOT AREA,
DEPTH, AND WIDTH REQUIREMENTS
CASE NO. VAR 87-003
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 14th day of July, 1987, hold a duly -noticed
Public Hearing to consider the request of John Cody and Dick Brady,
Architects/Dr. Gabriel Giannini, Guardian, for a variance to
requirements of the W-2 zoning district in order to subdivide 126.8
acres into 12 residential lots and one open space parcel, generally
south of Avenue 54 and along the west side of the All American Canal;
and,
WHEREAS, said Variance Case has complied with the
requirements of "The Rules to Implement the California Environmental
Quality Act of 1970" (County of Riverside, Resolution No. 82-213,
adopted by reference in City of La Quinta Ordinance No. 5), in that
the Planning Director conducted an initial study, and has determined
that the proposed variance will not have a significant adverse impact
on the environment; and,
WHEREAS, at said Public Hearing, upon hearing and
considering all testimony and arguments, if any, of all interested
persons desiring to be heard, said Planning Commission did find the
following facts to justify the approval of said Variance Case:
"Special Circumstances" due to the topographical constraints
of the subject property, access and drainage retention
requirements indicate that the Variance warrants favorable
consideration.
The strict application of minimum lot area and dimension
requirements of the W-2 zone to the subject property will
deprive it of privileges enjoyed by other similarly zoned
property in the vicinity since the purpose and intent of
said requirements can be reasonably attained due to the
permanent open and undevelopable nature of the remaining
hillside.
Approval of the Variance would not constitute granting of a
special privilege inconsistent with limitations on similarly
zoned property in the vicinity since the Open Space land use
policies indicate that a modified zoning district needs to
be established to address limitations on properties which
are designated as Open Space.
MR/RESODRFT.011
Cis
4. Granting of a public resources easement to the City over
92.5 percent of the property will assure that the purpose
and intent of minimum of requirements is satisfied without
adversely affecting adjacent parcels.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
1. That the above recitations are true and correct and
constitute the findings of the Commission in this case;
2. That it does hereby confirm the conclusion of Environmental
Assessment No. 86-062 relative to the environmental concerns
of this Variance;
3. That it does hereby approve the above -described Variance
Case No. 87-003 for the reasons set forth in this Resolution
and subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this day of , 1987, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
MMI 0F."N
ATTEST:
PLANNING DIRECTOR
MR/RESODRFT.011 2
VARIANCE CASE NO. 87-003
PROPOSED CONDITIONS OF APPROVAL
JULY 14, 1987
1. This Variance approval shall expire two years after the date of
approval by the La Quinta City Council unless approved for
extension as provided for by the City of La Quinta Zoning
Ordinance. No extension shall be granted unless Tentative Tract
Map No. 21939 is also extended.
2. Applicant shall execute a public resources easement in favor of
the City of La Quinta. The agreement shall provide a legal
description of the subject 117.2 acres (Lot 13 of Exhibit A on
file as TT 21939) and shall set forth restrictions on the
property, in accordance with these conditions and those for TT
21939. The agreement shall grant to the City all access and
development rights which may accrue to the property due to
subsequent actions by the City. The agreement shall not place
restrictions as to the City's discretionary use of the property.
MR/CONAPRVL.008
0 0
STAFF REPORT
PLANNING COMMISSION MEETING
DATE: July 14, 1987
APPLICANT: Benjamin Urmston
OWNER: Warren Johnson
PROJECT
LOCATION: Northeast corner of Avenida Bermudas & Calle Cadiz
PROJECT
DESCRIPTION: Change of Zone #87-025 - Change zone from R-1*++
to C-P-S.
Variance Request #87-004 - A request to reduce the
number of required permanent on -site parking
spaces from 13 to 9 (Sec. 9.160.040(L) LQMC) and
the elimination of the wall of separation
requirement between commercial and residential
zoned property (Sec. 9.160.030(E) LQMC).
Plot Plan #87-381 - Construction of a two-story,
+ 3,250-square foot office building.
EXISTING
ZONING
DESIGNATION: Single-family dwellings; 1,200-square foot minimum
dwelling size, 17 foot height limit. (R-1*++)
GENERAL PLAN
DESIGNATION: Village Commercial
ENVIRONMENTAL
CONSIDERATION: An Environmental Assessment has been prepared as
required by the California Environmental Quality
Act. The initial study evaluation has determined
that the project applications will not present a
significant adverse impact and a Negative
Declaration has been prepared.
This report is divided into three sections: A) Change of Zone; B)
Variance; C) Plot Plan. Each section is individually described and
analyzed.
MR/STAFFRPT.007 1
A. CHANGE OF ZONE #87-025
The Change of Zone application is requested to bring the zoning
into conformance with the existing General Plan land use
designation. The entire Village area will eventually be re -zoned
to an appropriate City zone designation, which will be developed
based upon the Village Plan.
B. VARIANCE REQUEST #87-004
The Applicant requests relief from Section 9.160.040(L) of the La
Quinta Municipal Code (LQMC) in order to provide 9 permanent
on -site parking spaces instead of the required 13 parking
spaces, and to eliminate the provision of Section 9.160.030(E)
LQMC, which requires a masonry wall to buffer commercial parking
areas from adjoining residentially -zoned property.
1. Parking: The Applicant requests that 4 of the required 13
parking spaces be located off -site, along the north side of
the alley right-of-way (refer to Attachment #1) on property
which is not owned by the Applicant. A lease agreement will
allow the Applicant the right to use the four spaces for a
given time. The Zoning Ordinance permits permanent off -site
parking spaces to be located across an alley if they are
within 300 feet of the use which they are intended to serve
(Sec. 9.160.020(B) LQMC).
2. Deletion of Wall Requirement: Section 9.160.030(E) LQMC
requires that any commercial parking area be walled as
follows:
"All paved parking areas, other than those required for
residential uses, which adjoins property zoned R-1,
R-lA, R-2, R-2A, R-3, R-A, R-T, or R-T-A, shall have a
six-foot high solid masonry wall installed in such
manner as to preclude a view of the parking area from
such adjoining property, except that any walls within
10 feet of any street or alley shall be 30 inches high."
The Applicant requests relief from this requirement, based
on the following considerations:
• The adjoining easterly property, although it is
currently R-1 zoned, is designated as Village
Commercial on the General Plan Land Use Map. The
property will have to be re -zoned for consistency with
the General Plan, which would eliminate the wall
requirement
0 Owner of said R-1 property has an existing five-foot
wall, with oleander screening which would serve as an
adequate buffer during the property's tenure under R-1
zoning.
MR/STAFFRPT.007 2
ANALYSIS
1. Parking: The Applicant's parking proposal is of a temporary
nature and, therefore, does not meet the requirements of the
Ordinance. Because of this, a variance must be obtained.
Variances may be granted when special circumstances
applicable to a parcel of property, such as size, shape,
topography, location or surroundings exist and the strict
application of the regulation deprives the property of
development privileges enjoyed by other property in the
vicinity that is within the same zoning district.
Therefore, basically, a variance is used to cure an inequity.
The regulation regarding the granting of variance further
states that any variance granted shall be subject to
conditions so that the adjustment does not constitute a
grant of special privileges that is inconsistent with the
limitations upon other property in the vicinity and zone.
Granting the Applicant's variance request cannot be
justified by any special circumstances associated with the
parcel. However, in an attempt to meet the parking
requirements, the Applicant has proposed providing temporary
parking, thereby partially satisfying the code
requirements. As a mitigation measure to assure no granting
of special privileges, the variance request, if granted,
should be conditioned in a manner to assure code compliance
in the future.
Previous commercial development in the district, approved by
the Planning Commission, provided the necessary permanent
on -site parking. The Applicant's lot contains 10,000 square
feet, which is one of the larger lots in the Village
commercial area. In an attempt to comply with the
regulations, the Applicant proposes to provide four leased
parking spaces on a temporary basis. The Village at La
Quinta Specific Plan may suggest alternate means of
providing parking which the current ordinance cannot
facilitate, such as creating a parking district or
permitting in -lieu fees for acquisition and development of
parking areas.
In addition, the Village Specific Plan is evaluating the
existing circulation patterns. An alternative is to
designate the alleys between Avenidas La Fonda and Cadiz as
one-way. The alley adjacent to the Applicant's property
would be restricted to an east/west travel. Should this
occur, the parking lot design would have to be changed to
angle parking. This would eliminate one of the Applicant's
on -site parking spaces. Based upon this assumption, any
conditions attached should include this provision.
MR/STAFFRPT.007 3
Therefore, as an alternative to the Applicant's request of
providing leased spaces for a five-year limit, the variance
request should be mitigated with conditions to require the
Applicant to deposit money which is equal to the cost (plus
inflation) of providing any deficient parking spaces. The
condition should also be structured so the money can be used
as credit towards any parking district assessment associated
with providing future parking.
The formula used to calculate the amount of money assessed
in the condition is as follows:
a. Land cost within Village area:
10.00 per sq.ft
b. Cost of providing 1 parking space: 1.25 per sq.ft
3" asphalt = .75 per sq.ft
4" rock base = .25 per sq.ft
site prep. _ .25 per sq.ft
TOTAL: 11.25 per sq.ft
C. Area of 1 typical parking space (which
includes some maneuvering area) = 300 sq.ft
d. Inflation of 10% per year for 2 years
e. COST = 11.25 x 300 = $3,375.00
3,375 x 8 parking spaces = $27,000
27,000 x 20% _ $32,400
2. The wall requirement is redundant due to the fact that an
existing five-foot wall is in place and satisfies the intent
of the standard. The existing oleanders should be
maintained, as they provide visual relief from the wall on
the project site's east property line.
C. PLOT PLAN REQUEST
DEVELOPMENT
STANDARDS: Required/Permitted
Setbacks: Front - None
Side - None
Rear - None
Provided
418" at the closest
point of the bldg to
the ultimate right-
of-way line
West: 3 feet
East: 0 feet
26 feet
MR/STAFFRPT.007 4
Building Height - 35'
Building Coverage - 100%
Parking Spaces - 13
1st Floor Office:
2009 250 = 8.03
2nd Floor Office:
3108 250 = 4.96
Lot Size
Proposed
Landscaping
No Minimum
28 feet, 4 inches
32.5%
13: 9 on -site, 4
off -site along north
side of alley
10,000 square feet
Perimeter landscaping provided with
street trees, using existing
eucalyptus.
Proposed Colors/
Materials: • Saltillo (burnt orange) clay tile
roof;
• Light rose stucco exterior wall;
• Dark brown on exterior wood trim
and doors;
• Cantera (gray) stone columns/trim,
railing caps and fountains;
• Light green glazed tile in
fountains;
• Saltillo (burnt orange) paving
tiles in patio areas, walkway and
seating areas.
ANALYSIS
1. The project is located in the Village at La Quinta. The
General Plan Policy states that the Village area concept is
to encourage a pedestrian -oriented downtown. The proposed
project substantially meets this policy. Pedestrian
movement is focused away from conflict with the driveways
and auto movements. The structure provides setback
variations, entries and water elements to draw the
pedestrian onto the site and away from vehicular traffic.
The plan utilizes the rear alley as main parking access,
leaving the site predominately open and oriented to the
pedestrian's use. The parking area will not be visible from
Calle Cadiz or Avenida Bermudas, which allows for a more
pedestrian -oriented appearance.
2. Parking: The Village Specific Plan draft circulation
element will recommend that the alley south of Calle Estado
be limited to a one-way, east to west access. Redesign of
the parking layout at a 60 degree angle is shown in
Attachment #2. Attachment #3 shows the relocation of
MR/STAFFRPT.007
handicapped parking space to allow additional width at the
southerly alley angle parking area. This assures the
handicapped person use of a covered parking area, and also
allows compliance with parking regulations of Section
18.12. The proposed one-way alley eliminates conflicts
between traffic entering the alley from Bermudas and the
proposed parking areas, while also reducing congestion in
the alley. The opportunity for additional landscape areas
to provide parking lot shading is also realized in this
particular layout. The alley would, on an interim basis,
still be used for two-way travel; therefore, 90-degree
striping of the pavement would be appropriate, with an
adequate performance guarantee for the additional future
site work.
3. Off -Site Improvements: Due to the awkward intersection
design at Bermudas and Cadiz, ultimate right-of-way
dedication requirements are subject to modification. The
Village Plan will make some attempt to remedy the existing
transition problem at this intersection, though the ultimate
requirements for improvements/dedications would be no
greater than the current circulation plan design standards
of 60 feet total right-of-way on Cadiz and 88 feet total
right-of-way on Bermudas. Interim paving along these roads
could be constructed until the ultimate street design is
resolved. A performance bond should be required, based on
costs of constructing said improvements to the current City
standards, until the street design is resolved. The
construction of street improvements within the required
dedicated right-of-way areas would not occur until the
Specific Plan Design Standards are in effect.
4. Building Design/Architecture: The overall architectural
concept of the building is consistent with the intended
Village area design scheme. The building provides
pedestrian circulation, nodes and water elements, while
separating automobile and pedestrian areas. The colors and
materials proposed lend additional support to the overall
Mediterranean theme of the project, as do the fountain and
patio areas. These features serve to create a consistent
design concept throughout the entire structure. The design
also provides height variations, which create a more
diversified -looking building without distracting from the
visual elements. The overall height of the building may be
an issue, depending on the standards that evolve from the
Village Specific Plan.
5. Landscaping: The landscape plan provided does not address
appropriate shading for the parking area. However, the
redesign of the alley parking areas allows more area to be
dedicated to landscaping. The relocation of the existing
palms and the proposed street trees will have to be resolved
after completion of the Village Specific Plan.
MR/STAFFRPT.007 6
FTWnTNnR
Findings for the Change of Zone and Variance are contained in the
attached Resolutions.
Plot Plan 87-381:
1. The proposal is consistent with the La Quinta General Plan
and Municipal Land Use Ordinance.
2. The building design and architecture is consistent and
compatible with existing and anticipated area development
under the General Plan and contemplated Village at La Quinta
Specific Plan.
3. There will be adequate utilities and public services to
serve the project.
4. Approval of the project will not result in any significant
adverse impacts on the environment.
5. Approval of the proposal with attached conditions will not
be in conflict with provisions of the Village at La Quinta
Specific Plan.
RECOMMENDATION
By adoption of the attached Planning Commission Resolution No.
87-007, recommend to the City Council approval of Change of Zone No.
87-025; and further, based upon the above analysis and findings, it
is recommended that Planning Commission Resolution No. 87-008,
granting Variance No. 87-004, be approved; and Plot Plan No. 87-381
be approved by minute motion, subject to the attached conditions; and
that a Negative Declaration be filed in conjunction with this project.
Attachments
1.
2.
3.
4.
5.
6.
7.
Proposed Parking Layout
Revised Parking Layout: One -Way Circulation
Relocated Handicapped Parking
Resolution
and Findings:
CZ
87-025
Resolution
and Findings:
VAR
87-004
Conditions
of Approval:
VAR
87-004
Conditions
of Approval:
PP
87-381
MR/STAFFRPT.007 7
CONDITIONS OF APPROVAL (PROPOSED)
PLOT PLAN NO. 87-381
BENJAMIN URMSTON, APPLICANT
JULY 14, 1987
r RNPR AT.
1. The development of the project site shall comply in concept with
all approved exhibits as contained in the Planning Department's
file for Plot Plan No. 87-381 and the following conditions, which
conditions shall take precedence in the event of any conflict
with these exhibits.
2. Plot Plan No. 87-381 shall comply with Conditions of Approval for
Variance Case No. 87-004, where said conditions apply.
3. This approval shall be used within one (1) year after the date of
approval by the Planning Commission unless approved for an
extension, as provided in the La Quinta Municipal Code;
otherwise, it shall become null and void and of no effect
whatsoever. The term "use" shall mean the beginning of
substantial construction of the office building, which
construction must thereafter be diligently pursued to completion.
4. Prior to issuance of a building permit for construction of any
use contemplated by this approval, the Applicant shall first
obtain permits and/or clearances from the following agencies:
• City Engineer
• City Fire Marshal
• City Planning and Development Department, Planning
Division
• Riverside County Environmental Health Department
• Coachella Valley Water District
• Imperial Irrigation District
Evidence of said permits or clearances from the above -mentioned
agencies shall be presented to the Building Division at the time
of the application for a building permit for the use contemplated
herewith.
5. This plot plan approval shall not take effect and no building
permits shall be issued hereunder until and unless Change of Zone
No. 87-025 and Variance Case No. 87-004 are approved and become
effective. This plot plan approval shall be subject to all of
the terms and conditions of Variance Case No. 87-004, as if
herein set forth.
LAND USE AND BUILDING DESIGN
6. All roof -mounted equipment shall be adequately screened by the
roof structure, or other approved method.
MR/CONAPRVL.006 1
1
STREETS, CIRCULATION, PARKING AND GRADING
7. The Applicant shall comply with the following requirements of the
City Engineer. These conditions contemplate new development
standards, which will be established in the future with the
Village at La Quinta Specific Plan.
a. The Applicant shall dedicate, via irrevocable offer of
dedication per the current City standards, all necessary
public street and utility easements as required by the City
Engineer, including a 44' half -street for Avenida Bermudas,
and 30' half -street width for Calle Cadiz. These
dedications will not be accepted/rejected or modified until
the Village at La Quinta Specific Plan is adopted.
b. The Applicant shall construct street improvements for
one-half street width for Avenida Bermudas, Calle Cadiz, and
the full width alley, including any median island
reconfiguration, to the requirements of the City Engineer
and the La Quinta Municipal Code. Said construction to be
done upon resolution of the Village at La Quinta Specific
Plan development standards.
C. Drainage disposal facilities shall be provided as required
by the City Engineer.
d. The Applicant acknowledges that the City is considering a
City-wide Landscape and Lighting District, and agrees to be
included in the District. Any assessments will be done on a
benefit basis as required by law.
8. Existing walls or other structures and permanent improvements
located within the dedicated street rights -of -way, as required by
this approval, shall be removed at the Applicant's expense at
such time as public street improvements are required.
9. The following modifications shall be made to the parking layout:
a. The alley parking areas shall be designed to accommodate a
future 60-degree angle design, oriented to east -to -west
travel. Interim 90-degree striping and paving is acceptable
until such time as the alley is closed to two-way traffic.
An appropriate performance guarantee, acceptable to the
City, shall be required to assure future conversion of the
parking area.
b. The Applicant shall reserve five of the eight northerly
alley spaces (off -site) for the commercial office use, so as
to offset the loss of one space at the south side of the
alley due to the 60-degree angle parking configuration.
MR/CONAPRVL.006 2
C. Design of the parking layout shall substantially conform
with these conditions and as illustrated in Attachment 42 of
the Staff Report for Plot Plan No. 87-381.
d. Improvement plans for said parking configuration shall be
submitted for review by the City Engineer and Planning
Department, along with construction cost estimates.
10. The required handicap space shall be relocated to space #9, as
shown on Attachment #2• Space #1 shall be moved east to allow
five feet between the dedicated right-of-way line and space #1,
and the alley access to spaces 7 - 9 shall be increased to 24
feet.
11. The sidewalk connections to the existing public right-of-way are
to be deleted. They may be submitted for review with street
improvement plans upon completion of the Village at La Quinta
Specific Plan.
PUBLIC SERVICES AND UTILITIES
12. The Applicant shall comply with the requirements of the Coachella
Valley Water District. When there are identified conflicts, the
City will withhold the issuance of any building permit until
arrangements have been made with the District for the relocation
of these facilities.
13. Location and design of any interim septic system shall be subject
to the standards and requirements of the Riverside County Health
Department. The system shall be designed to allow ultimate
hookup to permanent sewer lines.
14. Trash enclosure shall be gated and enclosed by a six -foot -high
wall of the same construction and color as the commercial
building. Location and construction of the enclosure shall
conform to requirements of Palm Desert Disposal Company and the
Planning and Development Department.
MISCELLANEOUS
15. Prior to submission of any plans for building permit issuance,
the Applicant shall secure written approval of the landscaping
plan from the Riverside County Agricultural Commissioner's Office
relative to the appropriate inspection for pest control. At a
minimum, the plans shall provide the contractor's name, address,
and phone number, and the place of origin of all planting
materials.
16. The approved landscaping and improvements shall be installed
prior to the issuance of a Certificate of Occupancy. The
landscaping shall be maintained in a healthy and viable condition
MR/CONAPRVL.006 3
it 1
for the life of the project. Landscaping within 10 feet of all
driveway approaches shall not exceed 30 inches in height.
Landscaping shall not interfere with vehicle overhang areas. A
listing of street tree alternatives shall be submitted for review
by the Planning Director, to assure consistency with the Village
at La Quinta Specific Plan.
The use of desert or native plant species and drought -resistant
planting materials for the site shall be maximized to the extent
feasible.
17. The landscaping plan shall address both the interim 90-degree
parking and the ultimate 60-degree configuration. Both plans
will be subject to Planning and Development Department approval.
MR/CONAPRVL.006 4
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PLANNING COMMISSION RESOLUTION NO. 87-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF CHANGE OF ZONE FROM
R-1*++ TO C-P-S
CASE NO. CZ 87-025
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 14th day of July, 1987, hold a duly -noticed
public hearing to consider the request of Benjamin Urmston/Warren &
Diane Johnson for a Change of Zone, from R-1*++ (single-family
dwellings, 1,200-square feet minimum dwelling size, 17-foot height
limit) to C-P-S (Scenic Highway Commercial) for a .23 acre site,
generally located at the northeast corner of Calle Cadiz and Avenida
Bermudas, more particularly described as:
Lot 1 Block 7 of Desert Club Tract, Unit 41,
in M.B. 19, p.75 of Maps
WHEREAS, said change of zone request has complied with the
requirements of "The Rules to Implement the California Environmental
Quality Act of 1970" (County of Riverside, Resolution No. 82-213,
adopted by reference in City of La Quinta Ordinance No. 5), in that
the Planning Director has conducted an initial study and has
determined that the proposed change of zone will not have a
significant effect on the environment; and
WHEREAS, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard,
said Planning Commission did find the following facts to justify the
approval of said change of zone:
1. The proposed zone change to C-P-S is consistent with the goals
and policies of the La Quinta General Plan.
2. R-1*++ zoning is not consistent with the existing General Plan
land use designation of Village Commercial.
3. Approval of this proposal will not result in a significant
adverse impact on the environment.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
1. That the above recitations are true and correct and
constitute the findings of the Commission in this case;
2. That it does hereby confirm the conclusion of Environmental
Assessment No. 87-072, indicating that the proposed change
of zone will not result in any significant environmental
impacts;
MR/RESODRFT.007
3. That it does hereby recommend to the City Council approval
of the above -described change of zone request for the
reasons set forth in this Resolution, and as illustrated in
the map labeled Exhibit A, attached hereto.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this day of , 1987, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CHAIRMAN
ATTEST:
PLANNING DIRECTOR
MR/RESODRFT.007
11
PLANNING COMMISSION RESOLUTION NO. 87-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND
GRANTING A VARIANCE FROM PARKING AND PERIMETER WALL
REQUIREMENTS
CASE NO. VAR 87-004
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 14th day of July, 1987, hold a duly -noticed
Public Hearing to consider the request of Benjamin Urmston/Warren &
Diane Johnson for a variance to Section 9.160.040 (L) La Quinta
Municipal Code (LQMC), permit 9 permanent on -site parking spaces
instead of 13 , and Section 9.160.030 (E) LQMC, requesting relief
from requirements regarding a perimeter wall, for property generally
located at the northeast corner of Calle Cadiz and Avenida Bermudas,
more particularly described as:
Lot 1 Block 7 of Desert Club Tract, Unit #1,
in M.B.19, p.75 of Maps.
WHEREAS, said variance request has complied with the
requirements of "The Rules to Implement the California Environmental
Quality Act of 1970" (County of Riverside, Resolution No. 82-213,
adopted by reference in City of La Quinta Ordinance No. 5), in that
the Planning Director has conducted an initial study and has
determined that the proposed variance will not have a significant
effect on the environment; and
WHEREAS, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard,
said Planning Commission did find the following facts and reasons to
justify the granting of said variance:
1. The strict application of the subject parking requirements
to the subject property will deprive it of privileges
enjoyed by other similarly zoned property in the area, since
the purpose and intent of the parking requirements may be
reasonably attained by special conditions of approval and
existing wall.
2. Approval of the variance as conditioned will not constitute
the granting of any special privileges inconsistent with
limitations on other similarly zoned property in the area.
3. The circumstances of a one-way alley will require future
angle parking which will eliminate one additional on -site
parking space. Therefore, the approval is to permit eight
permanent on -site parking spaces instead of the required 13
parking spaces.
MR/RESODRFT.008
4. The conditions of approval will assure that the purpose and
intent of the parking requirements are satisfied without
adversely affecting adjacent parcels.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
1. That the above recitations are true and correct and
constitute the findings of the Commission in this case;
2. That it does hereby confirm the conclusion of Environmental
Assessment No. 87-072, which indicated that approval of the
variance would not constitute a significant impact on the
environment.
3. That it does hereby grant said Variance Case No. VAR-004 for
the reasons set forth and subject to the conditions labeled
Exhibit A, attached hereto.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this day of 1987,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairman
ATTEST:
Planning Director
MR/RESODRFT.008
El
CONDITIONS OF
VAR 87-004
JULY 14, 1987
APPROVAL (DRAFT/RECOMMENDED)
EXHIBIT A
Prior to the issuance of a building permit, an irrevocable bond
in the amount of $32,400 shall be provided for the construction
of five permanent paved parking spaces. The City shall be noted
as the beneficiary. The bond shall not be released without
written authorization by the Planning and Development Director.
In any case, the bond is to remain in effect until a parking
district or other City parking program is established. The money
may then be released to said district if created, or credited
toward any parking assessment established against Lot 1 of Block
7 of Desert Club Tract, Unit #1, in M.B. 19, pg. 75 of Maps.
2. This Variance approval must be used within one year after the
date of approval by the La Quinta Planning Commission unless
approved for an extension, as provided in the La Quinta Municipal
Code. No extension shall be granted unless Plot Plan 87-381 is
also extended. The term "use" shall mean the beginning of
substantial construction of the office building, which
construction must thereafter be diligently pursued to completion.
3. Variance Case No. 87-004 shall not be effective until and unless
CZ 87-025 and Plot Plan 87-381 are approved.
4. The existing wall and oleanders along the eastern property line
shall remain until the adjacent property to the east is rezoned
to commercial.
MR/CONAPRVL.005
CONDITIONS OF
VAR 87-004
JULY 14, 1987
APPROVAL (DRAFT/ALTERNATIVE)
EXHIBIT A
Should the Commission wish to accept the temporary parking on an
interim basis instead of having the Applicant pay for future parking,
the following conditions are offered:
1. The allowance for temporary parking area among the northerly
alley right-of-way shall be restricted as follows:
a. The said subject parking area shall be developed in
accordance with Exhibit A-1 and/or Conditions of Approval as
contained in the file for PP 87-381, except where these
conditions shall take precedence.
2. Applicant shall provide an appropriate legal instrument
establishing the subject parking restrictions in accordance with
these conditions.
a. Said parking shall be developed and maintained as permanent
parking for a period of no less than five (5) years from the
date of issuance of a Certificate of Occupancy. The City
shall be made a consent party to review, modify, terminate
or extend any provisions of said legal instrument.
b. The Applicant shall be aware that the variance is granted
based partially on uncertainty of the final adopted policies
and recommendations of the Village Specific Plan. Granting
of this variance shall constitute the irrevocable right of
the City to impose any necessary action as is deemed
necessary and legally appropriate to insure that the
Applicant complies with said Specific Plan at such time as
the temporary agreement is terminated. Such actions may be
in the form of assessment fees, mandatory inclusion of the
property in the formation of a parking district, the direct
payment of equivalent fees, mandatory participation in any
program(s) (site acquisition, etc.) the City may employ for
provision of adequate parking areas in the Village, etc.
Wording to reflect this condition shall be made a part of
the agreement.
C. The agreement shall be signed by all affected property
owners, and shall be subject to review and approval by the
following City officials:
1) City Manager
2) Planning Director
3) City Attorney
MR/CONAPRVL.005 2
MINUTES V
PLANNING COMMISSION - CITY OF LA QUINTA
A regular meeting held at the La Quinta City Hall
78-105 Calle Estado, La Quinta, California
June 23, 1987
7:00 p.m.
I. CALL TO ORDER
A. Chairman Thomas Thornburgh called the Planning Commission
meeting to order at 7:05 p.m. The Flag Salute was led by
Chairman Thornburgh.
II. ROLL CALL
A. Chairman Thornburgh requested the roll call. Present:
Commissioners Brandt, Steding, Moran, Vice Chairman
Walling, and Chairman Thornburgh.
B. Staff Present: Planning Director Murrel Crump, Principal
Planner Jerry Herman, and Department Secretary Mariellen
Ratowski.
Chairman Thornburgh welcomed Stanley Sniff, representing
the City Council, to the meeting.
III. PUBLIC HEARINGS
Chairman Thornburgh introduced the hearing item as follows:
A. Zoning Ordinance Amendment No. 87-003 - A City -initiated
request to adopt new City Sign Regulations.
1. Principal Planner Jerry Herman reviewed request per the
information contained in the Staff Report and
additional clarification material, copies of which are
on file in the Planning Department.
2. Chairman Thornburgh opened the Hearing for public
comment. Three members of the community commented to
the Commission: 1) Audrey Ostrowsky expressed
concerns over political signs; 2) Charles White,
representing the Chamber of Commerce, further expanded
upon comments expressed in a document distributed to
the Commission; 3) Larry Cunningham of Italo's
Restaurant had, earlier, submitted a list of
concerns/comments to Staff, who passed the information
along to the Commission. These items were considered
in the Commission's discussion. There being no further
MR/MIN06-23.DFT
® 0
public comment, Chairman Thornburgh closed the
hearing.
3. Chairman Thornburgh then opened the matter for
Planning Commission discussion. The Commission
reviewed the draft document page by page, clarifying
and changing various portions of text. The Commission
then directed Staff to assemble the amended text into a
final draft.
4. A motion was made by Chairman Thornburgh and seconded
by Commissioner Brandt to recommend, pursuant to the
changes desired by the Commission and by adoption of
Planning Commission Resolution No. 87-006, approval by
City Council of new City Sign Regulations.
5. Upon a roll call vote, the motion was unanimously
adopted.
IV. PUBLIC COMMENT
No one wished to address the Commission.
V. CONSENT CALENDAR
Motion was made by Commissioner Brandt and seconded by
Commissioner Steding to approve the Planning Commission
minutes of June 9, 1987. Unanimously adopted.
VI. BUSINESS
Identification of future discussion items - none identified
at this time.
VII. OTHER - None
VIII. ADJOURNMENT
A motion was made by Chairman Thornburgh and seconded by
Commissioner Brandt to adjourn to a regular meeting on
July 14, 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 9:55
p.m., June 23, 1987.
MR/MIN06-23.DFT
N ATEq ESTABLISHED IN 1918 AS A PUBLIC AGENCY LLL\/ ' ' CDACHELLA VALLEY WATER DISTRICT
POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (619) 398-2651
DIRECTORS OFFICERS
RAYMOND R. RUMMONDS, PRESIDENT THOMAS E. LEVY, GENERAL MANAGER -CHIEF ENGINEER
TELLIS CODEKAS, VICE PRESIDENT BERNARDINE SUTTON, SECRETARY
JOHN P. POWELL KEITH H. AINSWORTH, ASSISTANT GENERAL MANAGERIAUDITOR
PAUL W. NICHOLS REDWINE AND SHERRILL, ATTORNEYS
THEODORE J. FISH
July 6, 1987
File: 1150.14
Planning Commission
City of La Quinta
Post Office Box 1504
La Quints, California 92253
Gentlemen:
In accordance with the provisions of Section 65401 of the Government Code, this
District hereby advises your agency that it proposes the following projects in
the fiscal year 1987-1988 in your jurisdiction:
Construct Booster Station 6630.
Construct Booster Station 6630 Suction
and Discharge Mains.
Main Replacement - Calle Colima from
Bermudas to Cortez.
Main Replacement - Avenida Diaz from
Chillon to Tecate.
Main Replacement - Eisenhower Drive
from Colima to Bermudas.
Enclosed is a map indicating the locations of the proposed projects.
BAS:rs
Enclosure/as
,Yours very truly,
Tom Levy
General Manager-Cl
TRUE CONSERVATION
USE WATER WISELY
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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
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, as to signs which are
allowed on private property.
9.45.020 PERMIT REQUIREMENTS AND REVIEW PROCEDURES - SIGNS ON
PRIVATE PROPERTY
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 on private
property 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-
0 0
A.
B.
C.
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.
Plans Required
Information required - the following information must
be shown on the sign plan:
1. Sign elevation drawing indicating overall and
letter/figure/design dimensions, colors,
materials, proposed copy and illumination method.
2. 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.
3. Building elevations with signs depicted (for
non -freestanding signs).
Review
Sign applications shall be reviewed for compliance
with the provisions of this chapter under either the
standard application or planned sign program
application.
Standard Sign Program
The Standard Sign Program is used by the Planning and
Development Department to process the following sign
applications using the standards and provisions
contained within this chapter:
1. Two or less permanent signs;
2. The modification of signs within a previously
approved planned sign program;
3. Temporary signs.
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
after a finding
with the intent
application shall
that the proposed
and provisions of
only be approved
sign is consistent
this chapter.
MR/ORDDRFT.002 -3-
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.
The Planning Commission will make a determination
to either approve, approve with modification, or
deny planned sign program applications.
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.
Modification of signs within a previously
approved planned sign program. Modification of
signs shall be made in the following manner:
a. The Planning Director may approve the
following modifications using the provisions
of the Standard Sign Program. However, at
the discretion of the Planning Director,
modification requests may be referred
directly to the Planning Commission for
action.
(1) Up to a 25 percent increase in the sign
area and/or dimensions;
MR/ORDDRFT.002 -4-
E.
(2) Relocation of sign(s) to a new position
on the same building elevation or
street frontage;
(3) Minor change in colors and materials;
(4) Change in method of permitted
illumination or the lighting of signs.
b. All other modification requests will be
reviewed and approved by the Planning
Commission using the provisions of the
Planned Sign Program.
For purposes of
signs shall not
calculations.
Adjustments
this subsection, exempted
be included in the above
Adjustments to permit additional sign area, additional
numbers of signs, an alternative sign location, an
alternative type of signage or additional height 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.
MR/ORDDRFT.002 -5-
(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
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.
e. Additional Height:
To permit additional height to overcome a
visibility disadvantage.
MR/ORDDRFT.002 -6-
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
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.
9.45.070 APPEALS
Decisions of the Planning Director may be appealed to the
Planning Commission and decisions of the Planning
Commission may be appealed to the City Council. The appeal
must be made within 15 calendar days of the decision date,
in accordance with Section 18.30(e) of the Municipal Land
Use Ordinance.
MR/ORDDRFT.002 -7-
9.45.080 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.
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 not securely fastened or
otherwise dangerous, it shall be the duty of the
owner and/or occupant of the premises on which
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.
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. All landscape areas shall be
maintained in a healthy and viable condition.
4. Inspection - All sign users shall permit the
periodic inspection of their signs by the City.
5. Buildings Facing 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
MR/ORDDRFT.002 -8-
9.45.090
each freestanding sign is located on different
street frontages and are separated more than
one -hundred (100) feet measured in a straight
line between the signs.
6. 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.
7. 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.
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;
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 18 feet and the height of the flag at no more
than one-fourth (1/4) the height of the pole in
residential zones. Except, the Planning
Commission shall review all flagpole requests on
any commercial property and may approve, modify
or deny the request.
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.
MR/ORDDRFT.002 -9-
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.
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.
MR/ORDDRFT.002 -10-
9.45.100
9.45.110
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 chapter.
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.
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, stop signs or
other municipal signage.
TEMPORARY SIGNS
The following signs are classified as temporary
(nonpermanent) and are reviewed by the Planning and
Development Department 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.
MR/ORDDRFT.002 -11-
U
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
calendar 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) sign. That sign can be only located
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 Signs:
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 calendar
day period per site per calendar year.
MR/ORDDRFT.002 -12-
5. Special Event Signs:
The 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
calendar days prior to the event and must be
removed within seven (7) calendar days after the
event's conclusion.
6. Grand Opening Signs:
Such signs are permitted for a period of 30
calendar days to announce the opening of a
completely new enterprise or the opening of an
enterprise under new management. All such
materials shall be removed immediately upon the
expiration of 30 calendar days. Such displays
are permitted only in districts where the
enterprise so advertised is allowed under
district zoning regulations.
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 60
calendar days prior to the election and
shall be removed within seven (7) calendar
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) calendar 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.
MR/ORDDRFT.002 -13-
® 0
9.
b. The signs may be placed upon private
property only with written permission of the
owner. The signs shall not be placed,
posted, or attached to telephone poles,
power poles, or other public utility
facilities or within any street right-of-way
(unless otherwise authorized).
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,
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
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
MR/ORDDRFT.002 -14-
b. One (1) on the subject property.
10. Window Signs:
A maximum of 10 percent of the aggregate window
display area of each building elevation may be
used for temporary signage without obtaining a
permit.
9.45.120 SIGN REGULATIONS
The following regulations pertain to the size, location,
number and illumination of permanent signs for use within
the City. The standard sign program review process will be
used by the Planning and Development Department. All
requests which are made that exceed the following limits
shall be processed using the planned sign program review by
the Planning Commission. At the discretion of the Planning
Director, decisions regarding Standard Sign Program
submittals may be referred directly to the Planning
Commission for action.
A. Specified Uses
1. Apartments &
�x7
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.
3.
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.
m
Each development is permitted a sign which
identifies the development name at major
entrances determined during project review.
MR/ORDDRFT.002 -15-
E!I
4.
5.
6.
7.
r1
The identification sign(s) may have a maximum
sign area of 32 square feet and a height of 8
feet. Ilumination is not permitted.
lic Uses
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.
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
principal use of the
as follows:
use, not ancillary to the
site, is permitted signage
MR/ORDDRFT.002 -16-
lli
B.
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 or 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.
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
MR/ORDDRFT.002 -17-
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.
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
Businesses
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
MR/ORDDRFT.002 -18-
0 0
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 mayeacbe
individual tenant space. s are grouped
utilized by individual sign panels
the
together or by one p in plaza
aggregate area of all courtyard
tenants. In addition to the sign area
permitted for indivbduallowed tenants,ta a
permitted sign may
maximum of two square feet
Ofsign
tarthe or
purposes of directing pedestrians of graphic
courtyard or plaza, Y
means 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 hapedestrian wa kwayve a maximum t
of seven feet above the
whether wall mounted or freestanding•
e, Permitted signs, including supports, shall
have a maximum width of four feet whether
wall mounted or freestanding.
C. Sign cations must be
All attached signs, unless otherwise noted, or the
Of
finished floorlcated belowtline oe
of thesecondesbtorydonga
multiple -story building.
Freestanding signs may be located anywhere the
tion: within 5 feet of a
premises; exceppublic
ic or
private street right -Of -way
or located within the
corner cutoff area, as identified in Section 18.40 of
the La Quinta Municipal Code.
9.45.130 EXISTING SIGNS at the time of
legal sign exist
A. Continuance: Any id to be in
ng
adoption of this chapter may be continue
operation and be maintained provided:
-19-
MR/ORDDRFT.002
11
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.
B. 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. 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. The sign(s) are structurally substandard under
any applicable ordinance of the City to the
extent that the sign becomes a hazard or a danger.
5. A temporary sign exceeds the time limit as
indicated within this chapter.
C. Sign Removal
1. The removal of any terminated and/or unlawful
sign shall be by using one or a combination of
the following methods:
MR/ORDDRFT.002 -20-
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; except, a written notice shall be
provided for legally permitted temporary
signs which have expired. Any sign removed
by the City may be retained for 15 calendar
days and the owner notified, and if not
claimed, may 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
Notice shall identify why the sign is to be
removed and indicate the removal period to
be within 30 calendar 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 calendar 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 City nor any of its agents shall be
liable for any damage to the sign when removed
under this section.
9.45.140 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
MR/ORDDRFT.002 -21-
® 0
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.
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.
MR/ORDDRFT.002 -22-
FASCIA means a parapet -type wall used 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.
FREESTANDING SIGN means 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 SIGN (i.e., yard sales, moving sales, patio
sales) means a sign used to announce a sale of used items.
GRAND OPENING SIGN means 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 (also see
chapter 5.64 of the La Quints Municipal Code).
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. All
landscape areas shall be maintained in a healthy a viable
condition for the life of the sign.
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.
MR/ORDDRFT.002 -23-
® 0
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
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. Some temporary signs are not
defined as off -premise signs as used 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.
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.)
MR/ORDDRFT.002 -24-
.II
H
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.
REAL ESTATE SIGN means a 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 SIGN means any sign 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 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.
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.
MR/ORDDRFT.002 -25-
SIGN PROGRAM means the method of review and approval of
signs by one of the following two procedures:
1. STANDARD SIGN PROGRAM: The review and approval of
applications for signs under this program are
conducted by the Planning and Development Department
consistent with the regulations and standards as
identified for various signs.
PLANNED SIGN PROGRAM: The review and approval of
applications for signs under this program are
conducted by the Planning Commission. The Planning
Commission may exercise discretion to provide
additional flexibility in the application of the
regulations of this chapter.
SPECIAL EVENT SIGN means a sign 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.
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 SIGN 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 -26-
Chapter 5.64
SPECIAL ADVERTISING DEVICES
Sections:
5.64.010 Definitions.
5.64.020 Permit required.
5.64.030 Application for permit.
5.64.040 Fees.
5.64.050 Revocation or modification of permits.
5.64.060 Searchlights --Operating regulations.
5.64.070 Insurance.
5.64.010 Definitions. In this chapter, unless another
meaning is clearly apparent from the context, "special ad-
vertising device" means any device or object other than a
usual and customary sign, which is utilized outside a build-
ing to announce, direct attention to, identify, or advertise
any commercial enterprise or product, or any noncommercial
organization, and includes such things as searchlights,
flags, blimps, banners, balloons, pennants, and physical
replicas, reproductions and large objects, any such device
or object being of a nature that it is not customarily and
routinely utilized by all commercial enterprises of similar
nature or all noncommercial organizations of similar nature.
An American flag displayed on a flagpole is not a special
advertising device. (Ord. 10 §1(part), 1982)
5.64.020 Permit required. It is unlawful for any per-
son to use or permit to be used any special advertising de-
vice without first securing a special permit therefor from
the city council. This section shall not apply to any gov-
ernmental agency. Permits shall be issued for grand open-
ings and special occasions and not on a continuing basis for
permanent advertising or identification purposes. Each per-
mit shall be issued for a specified period of time subject
to renewal for good cause shown. No permit shall be issued
if the city council finds that the special advertising de-
vice applied for would constitute a traffic hazard or a nui-
sance to adjacent or surrounding properties or to the public
at large, or would be detrimental to the public convenience
163
® 5.64.030--5.64.050
or welfare, or would not be in harmony with the various ele-
ments and objectives of the general plan and all other offi-
cially adopted policies and regulations of the city. Condi-
tions may be attached to any permit issued, in order to har-
monize it with the public purposes expressed in this chap-
ter. (Ord. 10 §1(part), 1982)
5.64.030 Application for permit. Any person desiring
to operate or use a special advertising device in the city
shall file with the city manager an application therefor.
The application shall contain:
A. The name and address of the person making applica-
tion;
B. The purpose for which the permit is sought;
C. The location at which it is desired to use or oper-
ate a special advertising device;
D. The period for which a permit is desired;
E. The hours during which the special advertising de-
vice is to be used or operated;
F. The name of the person who will be in charge of
operating the special advertising device. (Ord. 10 §1(part),
1982)
5.64.040 Fees. To defray the cost to the city of ad-
ministering the provisions of this chapter, there shall be
payable in advance to the city by each applicant a fee in
such amount as may be established by resolution of the city
council. (Ord. 10 91(part), 1982)
5.64.050 Revocation or modification of permits.
A. Any permit granted pursuant to the provisions of this
chapter may, after the permittee has been afforded the op-
portunity of a due process hearing as stated in this sec-
tion, be revoked or modified by the city council for any of
the following grounds or reasons:
1. Any acts done under the permit have interfered
or tended to interfere with the normal flow of vehicular or
pedestrian traffic on any public right-of-way;
2. There was given any false or fictitious informa-
tion in connection with the application for and obtaining of
the permit;
3. There has been a violation of or a failure to
comply with any condition attached to the permit or any pro-
vision or regulation of this chapter or of any other appli-
cable rules or regulations;
4. Any other reason exists for which the permit
might have been lawfully denied in the first instance, or
that for any reason the continued operations under the per-
mit will be inimical to the public safety or general welfare
of the community.
164
® 0 64.060--5.64.070
B. Such a revocation or modification of a permit shall
be made only after opportunity has been granted to the per-
mittee for a due process hearing before the city council
after ten days' notice to the permittee, setting forth the
nature and grounds of complaint against him and stating the
time a place the hearing will be held.
C. Upon failure of the permittee to respond to the
opportunity for hearing after receiving notice of the hear-
ing, the permit may be revoked, or may be modified in such
particulars as are deemed necessary in the public interest,
and any such revocation or modification shall be effective
upon notice or knowledge thereof being received by the per-
mittee, orally or in writing. Any such order of revocation
or modification shall also be effective as to any employee
or agent of the permittee, which employee or agent has been
notified orally or in writing of the substance of the order.
D. Any such revocation or modification of any permit
may be in addition to any penalties otherwise provided for
by law. (Ord. 10 §1(part), 1982)
5.64.060 Searchlights --Operating regulations. In ad-
dition to any other conditions comprising a part of any per-
mit, the following regulations shall apply to searchlight
operations:
A. Searchlights shall not be operated so as to consti-
tute a traffic hazard or a nuisance to adjacent or surround-
ing properties;
B. Searchlights shall be so operated so as to avoid
directing the beam at any building;
C. Searchlights shall be so operated that the beam is
not displayed at an angle greater than forty-five degrees
from the vertical;
D. Equipment shall be kept on private property and
shall not be allowed within the public right-of-way. (Ord.
10 §1(part), 1982)
5.64.070 Insurance. The applicant may be required to
show evidence of insurability by having liability and prop-
erty damage insurance in force at all times during the time
a permit is in effect in sufficient amounts to protect per-
mittee from liability, and to hold the city harmless from
any damages, claims or causes of action, by reason of the
issuance of the permit and operation of a special advertis-
ing device. (Ord. 10 §1(part), 1982)
165
® 5.68.010--5.68.020
Chapter 5.68
SOUND TRUCKS AND ADVERTISING BY SOUND
Sections:
5.68.010 Definitions.
5.68.020 Registration required.
5.68.030 Registration statement --Identification.
5.68.040 Authority of city manager.
5.68.050 Fee payable.
5.68.060 Sound amplification regulations.
5.68.070 Compliance with regulations required.
5.68.010 Definitions. A. "Commercial purpose" as
used in this chapter means and includes the use, operation
or maintenance of any sound amplifying equipment audible
outside a building for the purpose of advertising any busi-
ness, or any goods, wares, merchandise, or services, and for
the purpose of attracting the attention of the public to, or
advertising for, or soliciting patronage of customers to or
for any performance, show, entertainment, exhibition or
event, or for the purpose of demonstrating any such sound
equipment.
B. "Noncommercial purpose" as used in this chapter
means the use, operation or maintenance of any sound equip-
ment for other than a "commercial purpose" as defined in
subsection A of this section. "Noncommercial purpose" means
and includes philanthropic, patriotic or charitable pur-
poses.
C. "Person" as used in this chapter means and is as
defined in Section 1.01.170.
D. "Sound amplifying equipment" as used in this chap-
ter means any machine or device for the amplification of
human voice, music, or any other sound. "Sound amplifying
equipment" as used in this chapter shall not be construed as
meaning standard automobile radios when used and heard only
by occupants of the vehicle in which the automobile radio is
installed. "Sound amplifying equipment" as used in this
chapter shall not be construed as including warning devices
on authorized emergency vehicles or horns or other warning
devices on any vehicle used only for traffic safety pur-
poses.
E. "Sound truck" as used in this chapter means any
motor vehicle or horse drawn vehicle having mounted thereon
or attached thereto any sound amplifying equipment. (Ord.
10 §1(part), 1982)
5.68.020 Registration required. No person shall use
or cause to be used a sound truck or sound amplifying equip-
ment audible outside a building for commercial purposes,
® 0 68.030--5.68.040
except the equipment of a Federal Communications Commission
licensed radio broadcasting company, in this city, before
filing a registration statement, in triplicate, with the
city manager. The registration statement, in writing, shall
state the following:
A. Name and home address of the applicant;
B. Address or place of business of applicant;
C. License and motor number of any sound truck to be
used by applicant;
D. Name and address of the person who owns the sound
amplifying equipment;
E. Name and address of person having direct charge of
the sound amplifying equipment;
F. Names and addresses of all persons who will use or
operate the sound truck or other sound amplifying equipment;
G. The purpose for which the sound will be used;
H. General description of the sound amplifying equip-
ment which is to be used;
I. The maximum sound producing power of the sound am-
plifying equipment to be used;
1. The wattage to be used,
2. The volume in decibels of sound which will be
produced,
3. The approximate maximum distance for which sound
will be thrown from the sound truck or other sound amplify-
ing equipment.
If applicant is an employee or agent for any person,
firm, or corporation desiring commercial advertising, the
applicant shall give the name and address of the person,
firm or corporation. (Ord. 10 51(part), 1982)
5.68.030 Registration statement --Identification. The
city manager shall return to each applicant one copy of the
registration statement, duly certified by the city manager
as a correct copy of the application. The certified copy of
the application shall be in the possession of any person
operating the equipment at all times while the sound truck
or sound amplifying equipment is in operation. The state-
ment shall be prominently displayed and shown to any police-
man of the city upon request. (Ord. 10 §1(part), 1982)
5.68.040 Authority of city manager. The city manager
shall not return to the applicant a certified copy of the
registration statement if any one of the following condi-
tions exist:
A. Conditions of motor vehicle movement are such that,
in the opinion of the city manager, the use of sound ampli-
fying equipment for commercial purposes would constitute a
detriment to traffic safety;
B. Conditions of pedestrian movement are such that, in
the opinion of the city manager, the use of sound amplifying
167
0 68.050--5.68.060
equipment for commercial purposes would constitute a detri-
ment to traffic safety;
C. The application required in this chapter reveals
the applicant would violate the regulations prescribed in
Section 5.68.060;
D. If, in the opinion of the city manager, the sound
truck or the sound amplifying equipment are in a state of
faulty repair and constitute a danger to other motor vehi-
cles or to the pedestrian traffic. (Ord. 10 §1(part), 1982)
5.68.050 Fee payable. Prior to issuance of the regis-
tration statement, as provided by Section 5.68.030, the ap-
plicant shall pay to the city manager, for and on behalf of
the city, a fee in such amount as has been prescribed by
resolution of the city council, per day, or any portion
thereof, in advance, for the number of days of proposed op-
eration as set forth on the application, to defray the costs
to the city of administering the provisions of this chapter.
(Ord. 10 §1(part), 1982)
5.68.060 Sound amplification regulations. Commercial
use of sound trucks or sound amplifying equipment shall be
subject to all the following regulations; however, noncom-
mercial use of sound trucks or sound amplifying equipment
shall be subject only to those regulations listed in subsec-
tions D, F and G of this section:
A. The only sound permitted shall be either music or
human speech;
B. Operations are permitted for four hours each day
except on Sundays and legal holidays, when no operations
shall be authorized;
C. Sound amplifying equipment shall not be operated
unless the sound truck upon which the equipment is mounted
is operated at a speed of at least ten miles per hour except
when the truck is stopped or impeded by traffic. Where
stopped by traffic, the sound amplifying equipment shall not
be operated for longer than one minute at each such stop;
D. Sound shall not be issued within two hundred feet
of hospitals, schools or churches;
E. Sound trucks with sound amplifying devices in oper-
ation shall be operated only on commercially or industrially
zoned streets within the city;
F. The volume of sound shall be controlled so that it
will not be audible for a distance in excess of two hundred
feet from the source, and the volume of sound shall be so
controlled that it will not be unreasonably loud, raucous,
jarring, disturbing, or a nuisance to businesses or persons
within the area of audibility;
G. No sound amplifying equipment shall be operated
with an excess of fifteen watts power in the last stage of
amplification. (Ord. 10 §1(part), 1982)
9M
LE
A.070--5.72.010
1
5.68.070 Compliance with regulations required. No
person shall operate, or assist or participate in the opera-
tion of sound amplifying equipment within the city except in
compliance with the applicable provisions of this chapter,
and no person shall wilfully or knowingly violate any provi-
sion thereof, or fail, refuse or neglect to comply with each
and every applicable provision in this chapter. (Ord. 10
§1(part), 1982)
169