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PCRES 1996-038PLANNING COMMISSION RESOLUTION 96-038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL REVISIONS TO THE SIGN REGULATIONS, CHAPTER 9.160 OF THE MUNICIPAL CODE. CASE NO. ZOA 96-054 CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California did on the 26'h day of November, 1996, hold a duly noticed Public Hearing to consider revision to the regulations for signs in the City of La Quinta; and, WHEREAS, said request has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), and adopted by City Council Resolution 83-68, in that the Community Development Director has determined that Environmental Assessment 96-314 was prepared for the existing Sign Ordinance, and pursuant to CEQA Guidelines, it has been determined that no new effects occur and no new mitigations measures are required, 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, findings, and reasons to justify the recommendation for approval of said Zoning Ordinance Amendment. The proposed revisions will not adversely affect the planned development of the City as specified by the General Plan for the City of La Quinta because the sign regulations provide requirements which work in concert with and enhance the community. 2. The proposed Amendment would not be detrimental to the health, safety, and welfare of the City because the sign regulations are designed to insure that unsafe conditions do not occur. There will be no significant adverse impacts resulting from this Zoning Ordinance Amendment because the sign regulations not only enhance the community but also eliminate sign clutter. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of La Quinta, California.. as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case. resopc-zoa 96-054 Planning Commission Resolution 96-03R 2. That it does hereby recommend to the City Council approval of Zoning Ordinance Amendment 96-054 for the reasons set forth in this Resolution and as noted in the attached Exhibit "A". PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 26°i day of November, 1996. AYES: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler, Woodard, and Chairman Abels. NOES: None ABSENT: None ABSTAIN: None ATTEST: tY H of La resopc-zoa 96-054 I, Community Development Director California pESABELS, Chairman of La Quinta, California IBIT "A' CHAPTER 9.160: SIGNS ...................................... 160-1 9.160.010 Purpose and Intent ............................... 160-1 9.160.020 Exempt Signs ................................... 160-1 9.160.030 General Sign Standards ........................... 160-3 9.160.040 Permanent Signs in Residential Districts .............. 160-6 9.160.050 Permanent Signs in Nonresidential Districts ........... 160-7 9.160.060 Permitted Temporary Signs ........................ 160-9 9.160.070 Permitted Semi -Permanent Signs ................... 160-11 9.160.080 Semi -Permanent Downtown Village Directional Signs .. 160-13 9.160.090 Sign Permit Review ............................. 160-14 9.160.100 Prohibited Signs ................................ 160-18 9.160.110 Nonconforming Signs ........................... 160-20 9.160.120 Enforcement, Sign Removal, and Abatement ......... 160-20 9.160.130 Sign Definitions ................................ 160-22 TABLE 1601: EXEMPT SIGNS NOT REQUIRING A SIGN PERMIT Sign Type Placement I Max. Area Illumination In this Table: • "n/a" means not applicable or no restriction • "Building -mounted" means signs mounted flush -to -wall only 14. Vending machine signs and automatic teller signs n/a n/a Yes 15. Directional and non-profit public information signs for Free-standing 6 sq. ft. No public, quasi -public, and non-profit uses on public or private property, adjacent to an Arterial thoroughfare. Number, shape, location, and height (maximum 6-feet) of signs shall be approved by the Director of Community Development and Public Works. 16. Within commercial zones, temporary information window Window No one No signs fronting on a street, parking lot or common on -site mounted window area, not covering more than 25% of the area of the sign shall window(s) within which they are placed for a period not to exceed 4' exceed 14 days nor more than six (6) times per calendar high or 8' year. No more than three (3) signs per elevation with long (32 sq. windows may be installed at any one time. ft.) 17. Within residential zones, temporary decorative flags clearly Building- 7 sq. ft. No incidental which may or may not be associated with any mounted national, local, or religious holiday. 18. Temporary for sale, lease, open house, or rent signs located Free-standing 6 ,sq. ft., 4 No on the subject property. One sign per street frontage. feet high. Aggregate not to exceed 12 sq. ft. 19. Temporary for sale, lease, open house, or rent signs located Free-standing 12 sq. ft. 6 No on commercial/ten acre residential parcels in one ft high. ownership. One sign per street frontage Aggregate not to exceed 24 sq. ft. Signs in Residential Districts Requiring a Permit See Section 9.160.040 Signs in Nonresidential Districts Requiring a Permit See Section 9.160.050 Temporary and Semi -Permanent Signs See Sections 9.160.060 and 9.160.070 B. Repainting. The repainting of a sign in original colors shall not be considered an erection or alteration which requires sign approval unless a structural, text, or design change is made; 160-3 TABLE 1603: PERMANENT SIGNS PERMITTED IN NONRESIDENTIAL DISTRICTS WITH A SIGN PERMIT Note: • Free-standing signs shall not be located within 5' of a street right-of-way nor within a comer cutoff area identified in Section 9.100,030. • "ID" means identification sign. • Signs required bylaw shall be allowed at the minimum size specified by such law. Sign Type and Max. Number Max. Area Max. Illumination Additional Placement Height Requirements Theaters, cinemas, I free-standing and Aggregate Top of Direct or and cabarets 1 building- allowed: 20 sq/ft wall or indirect for mounted sign, of plus 10 sq/ft per 12 ft. if all signs which 1 sign may screen/stage over free - be combination ID I, up to a max. of standing & attraction board 40 sq/ft 1 building- 6 sq/ft each Top of Indirect only mounted coming- wall attraction poster per screen or stage Church and • 1 free-standing 24 sq/ft 6 ft. Direct 1 of the allowed Institutional Uses or signs may include • 2 bldg-mounted 24 sq/ft Top of indirect for an attraction aggregate wall all signs board Signs in Residential Districts Requiring a Permit See Section 9.160.040 Signs exempt from sign permit approval See Section 9.160.020 Temporary and semi -permanent signs See Sec. 9.160.060 and 9.160.070 9.160.060 Permitted Temporary Signs. A. Definition. "Temporary sign" means any non -illuminated sign which may require a sign permit and which is intended to be posted for a maximum of 60 days. Temporary signs include without limitation: political campaign signs, garage sale signs, and seasonal sales signs. B. Maximum Time Periods. No temporary sign shall be posted for more than 60 consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site, or any site which is visible from the original site, within 90 days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven days after the occurrence of the event, if any, which is the subject of the temporary sign. (For example, a temporary sign advertising a garage sale on a particular date, or a temporary sign promoting a candidate in a particular election). The date of posting and permit number shall be permanently and legibly marked on the lower right-hand comer of the face of the sign. 160-9 C. Maximum Sign Area. Except where an approval is obtained under Subsection F of this Section, temporary signs placed on public property may not exceed six square feet in area and temporary signs placed on private property may not exceed 12 square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one ownership may not exceed 24 square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030 D. Maximum Height. Free-standing temporary signs which are placed on public or private property shall not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple -floor buildings shall not be placed higher than eight feet or the finish floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single -floor buildings shall not be higher than the eaveline or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the total number of temporary signs for any permit exceed 50 F. Placement Restrictions. Temporary signs shall not be posted on sidewalk surfaces, mail boxes, utility boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs, or traffic signs or signals. Temporary signs shall be posted no closer than five feet from the edge of the paved area of any public road or street. Temporary signs shall be placed no less than 200 feet apart from identical or substantially similar temporary signs and shall not be visible simultaneously with the boundaries of the City. Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post more than five temporary signs on private or public property shall make application to the Community Development Department for a sign permit. To insure sign removal upon expiration of the permitted posting time, a refundable deposit as established by City Council Resolution shall be paid in conjunction with the issuance of the sign permit. 1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the Community Development Department a statement of responsibility certifying a natural person who will be responsible for removing each temporary sign for which a permit is issued by the date removal is required, and who will reimburse the City for any costs incurred by the City in removing each such sign which violates the provisions of this Section. 2. Standards for Approval. a. Within ten business days of the Community Development Department's receipt of a temporary sign permit application, the Community Development Director shall approve or disapprove such application. If the Director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The Director shall approve or 160-10 disapprove any permit application for temporary signs based on character, location, and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this Section. b. The Director's decision with respect to a permit application for a temporary sign may be appealed to the Planning Commission. H. Maintenance and Removal of Temporary Signs. 1. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal from Public Property. If the City determines that a temporary sign located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within five days of the date of notice. 3. Removal from Private Property. If the City finds that a temporary sign located on private property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, the City shall give written notice to the owner of the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant to Subsection F of this Section, that the temporary sign is in violation of this Section, shall specify the nature of the violation, and shall direct the owner of the temporary sign or responsible person to remove or alter such temporary sign. If the City cannot determine the owner of the sign or person responsible therefor, he shall post such notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefor fails to comply with the notice within five days after such notice is given, the temporary sign shall be deemed abandoned, and the City may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the City. I. The placement of temporary signs for existing commercial businesses during the construction of any Department of Public Works contract over 45-days in length, where the ingress and egress points to a commercial establishment, have been interrupted, and further when the construction/modification of the public street involves a distance of more than 3,000 feet in length, the above regulations pertaining to temporary signs and the associated processing fees, shall not be enforced for the duration of the Department of Public Works street contract. However, the placement of temporary signs must not interfere with site visibility for vehicular movement. 160-11 9.160: SIGNS J. A grand opening banner is allowed on each building street frontage within six months of the business opening with a sign permit. The signs shall consist of light -weight fabric or similar material attached to the building wall below the eave line for a period not to exceed 30-days. The signs shall be non -illuminated and its size shall not exceed 32 square feet. 9.160.070 Permitted Semi -Permanent Signs. A. Definition. "Semi -permanent sign" means a non -illuminated sign which requires a sign, such as advertising the future construction of a facility, model home complex, commercial, or residential subdivision identification which is intended to be erected or posted for a minimum of 61 days and a maximum of one year. A permit for semi -permanent signs advertising future facility construction shall not be approved until a Development Review Application has been submitted. B. Maximum Time Periods. No semi -permanent sign shall be posted for more than one year. In addition, all semi -permanent signs shall be removed within ten days after the occurrence of the event, if any, which is the subject of the semi -permanent sign. (For example, a semi -permanent sign advertising the future construction of a facility on the site shall be removed within ten days after the facility has received a certificate of occupancy, and a model home complex identification sign shall be removed within ten days after the model homes are completed and sold). The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. semi -permanent signs may not exceed 32 square feet in area. The aggregate area of all semi -permanent signs placed or maintained on any parcel of real property in one ownership shall not exceed 64 square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. D. Maximum Height. Free-standing semi -permanent signs shall not exceed eight feet in height. Semi -permanent signs which are posted, attached or affixed to multiple -floor buildings shall not be placed higher than the finish floor line of the second floor of such buildings and such signs posted, attached or affixed to single -floor buildings shall not be higher than the eaveline or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the number of signs on any parcel exceed 10. F. Placement Restrictions. Semi -permanent signs may not be posted on public property, as defined in Section 9.160.130QQ. Semi -permanent signs may not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. Temporary signs may not be posted on sites approved for semi -permanent signs unless specifically authorized by the semi -permanent sign permit. G. Sign Permit Required Any person, business, campaign organization, or other entity who proposes to post or erect a semi -permanent sign shall make application to the Community Development Department for a semi -permanent sign permit. 160-12 9.60: SUPPLEMENTAE .,ESIDENTIAL REGULATIONS 5. Landscaping. Landscaping shall be installed and maintained between the court fence and property line. A landscape plan shall be submitted with the building permit application, reviewed and approved by the city landscape architect, and implemented at the same time as court construction. 9.60.160 Outdoor Lighting. All residential land uses shall conform to the nonresidential outdoor lighting standards of Section 9.100.150. In addition, residential lighting shall comply with the following requirements: 1. Outdoor Game Courts. All lighted outdoor recreation uses shall be subject to the provisions of Section 9.60.150 for lighted game courts. 2. Height. Building -mounted lights shall be installed below the cave line or below the top of wall if there are no eaves. Pole or fence -mounted decorative and landscape lights shall be located no more than eight feet above grade. 9.60.170 Special Outdoor Events. A. Outdoor Events. Within residential districts, special outdoor events shall include, but are not limited to pageants, fairs, carnivals and large athletic events, religious or entertainment events, block parties, and large neighborhood or community gatherings in temporary outdoor facilities. B. Standards. Special outdoor events are permitted in residential districts as indicated in Table 401 provided the following requirements are met: 1. Approval of a temporary use permit shall be required for events to be attended by more than 50 people, including participants and spectators. 2. Regardless of the number of attendants, activities conducted on property owned by or leased to the city or on public rights -of -way may require an encroachment permit issued by the Public Works Director. 3. The event may be permitted for a period not to exceed ten consecutive days. Events conducted by a single permittee or group which occur more than twice in a calendar year are not considered temporary and shall not be eligible for a minor use permit. 4. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site within seven days of the activity conclusion may be required. 5. Applications for permits or certificates required by Paragraphs A. and B. of this Section shall be referred by the Community Development Department to other affected departments, cities or public agencies as may be appropriate for review and comment. 6. Signs for the event shall be allowed as follows: 60-16 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS a. Maximum of one temporary banner per street frontage, not to exceed 32 sq.ft. b. Maximum one temporary portable sign on- or off -site on private property, not to exceed 55 sq.ft. c. Maximum 30 off -site temporary directional signs, 9 square feet in area, subject to the provisions of Section 9.160.060, Paragraphs C through H with the exception of Paragraph E. d. Maximum 15 bunting signs, with maximum size to be approved by the Director of Community Development. Posting period, locations, and related details shall be as approved in the temporary use permit for the event. f. Other signs and advertising devices, such as pennants, flags, A -frame signs, and light strings are prohibited. Related issues, including but not limited to police and security, food and water supply, use of tents and canopies, fugitive dust control, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the Director, Sheriff, Fire Chief or health officer in their administration of other city codes. Such other codes may require the applicant to obtain permits such as building, electrical, health and tent permits. 9.60.180 Manufactured Housing and Mobilehomes A. Purpose. This Section is intended to provide standards and criteria for the placement, design, and construction, of manufactured, modular, and mobile homes in residential districts consistent with Section 65852.3 et seq of the state Government Code. B. Definition. For the purposes of this Zoning Code, the terms "manufactured home" "modular home" and "mobilehome" shall mean the same thing, that is: a residential building transportable in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. For purposes of simplicity, the term manufactured home is used in this Section. C. Mobilehome Parks. In accordance with Section 65852.7 of the state Government Code, mobilehome parks are permitted in all residential districts if a conditional use permit is approved. Development standards for such parks shall be as follows: minimum 30 percent common open area and minimum perimeter setbacks of 20 feet at any point and 25 feet average over the entire perimeter. 60-17 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 2. A sidewalk sale or a special commercial event may be conducted over a maximum of four consecutive days and no more than once within three calendar months at any location. Each such event shall require the approval of a temporary use permit. 3. Adequate pedestrian access shall be maintained around merchandise or displays placed on a sidewalk or walkway. 4. Adequate vehicle access shall be maintained around merchandise, displays, or temporary structures placed in parking areas. 5. A cash bond or other guarantee shall be posted for removal of the temporary use and cleanup and restoration of the activity site within seven days of the conclusion of the event. 6. The application shall be reviewed by the Fire Marshal and the event shall comply with fire prevention standards and emergency access requirements as approved and enforced by the Fire Marshal. 7. Temporary signs may be permitted subject to the provisions of Section 9.160.060(Permitted Temporary Signs). 9.100.140 Temporary Outdoor Events. Temporary outdoor events include, but are not limited to pageants, fairs, carnivals, large athletic, religious or entertainment events, and large neighborhood or community gatherings in temporary facilities. Such activities may be permitted in compliance with the following provisions: A temporary use permit shall be approved by the Community Development Director for gather- ings of 50 to 300 people. The temporary use permit shall be approved by the Planning Commission as a business item for gatherings of 300 people or more. (Number of persons shall include spectators and participants.) 2. Applications for permits or certificates required by this Section shall be referred by the Community Development Director to other affected City departments or other public agencies for review and comment. The following findings shall be made by the decision -making authority in conjunction with approval of a temporary use permit: a. The event will not be detrimental to the health, safety and general welfare of the community in the area of the proposed event. b. There is adequate area to conduct the event and to accommodate the anticipated attendance. 100-13 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS c. Sufficient parking will be provided for the anticipated attendance. d. Food service operations, medical facilities, solid waste facilities, sewage disposal methods and potable water service have been provided. (Approval by the; health officer may be required.) e. Fire protection plans and facilities have been provided to the satisfaction of the Fire Marshal. f. Security plans and facilities have been provided to the satisfaction of the Sheriff. g. Public roadways providing access to the event are capable of accommodating the anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local traffic circulation. 4. Activities conducted on property owned by or leased to the city and public road rights -of -way may require an encroachment permit issued by the Public Works Director. 5. The event shall not exceed ten consecutive days. Events recurring more than four times in a calendar year are not considered temporary and shall not be eligible for approval under this Section. 6. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site to its condition before the event within seven days of the event's conclusion shall be required. 7. Other applicable permits such as building, electrical, health and tent permits, shall be obtained by the applicant. 8. Signs for the event shall be allowed as follows: a. Maximum of one temporary banner per street frontage, not to exceed 32 sq.ft. b. Maximum one temporary portable sign on- or off -site on private property, not to exceed 55 sq.ft. c. Maximum 30 off -site temporary directional signs, 9 square feet in area, subject to the provisions of Section 9.160.060, Paragraphs C through H with the exception of Paragraph E d. Maximum 15 bunting signs, with maximum size to be approved by the Director of Community Development. 100-14 9.160: SIGNS 2. The expiration date of the sign approval(s) shall automatically be extended to concur with the expiration date of building permits or other permits relating to the installation of the sign. 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 such that the sign would not be permitted per this Chapter under the new circumstances. H. Appeals. Any decision of the Community Development Director made pursuant to this Chapter 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 9.160.120. 9.160.100 Prohibited Signs. The signs and displays listed in this Section are prohibited. Such signs are subject to removal by the City at the owner's or user's expense. Prohibited signs include the following: 1. Any sign not in accordance with the provisions of this Chapter; 2. Abandoned signs; 3. Rotating, revolving, or otherwise moving signs; 4. Trailer signs and other signs with directional arrows affixed to vehicles which are used exclusively or primarily for advertising, unless specifically permitted. 5. Flags, banners, pennants, streamers, spinners, festoons, windsocks, valances, or similar displays, unless specifically permitted in this Chapter; 6. Animated or flashing signs; 7. Portable signs, unless specifically permitted in this Chapter; 8. Off -premise signs, unless specifically permitted in this Chapter; 9. Billboards or outdoor advertising signs; 10. Signs which identify or advertise activities which are illegal under federal, state, or local laws in effect at the location of such signs or activities; 11. Building -mounted signs placed on or above the roof or above the eave line of any structure; 160-19