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ORD 468ORDINANCE NO. 468 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1) TO RESTRICT THE PLACEMENT AND MAXIMUM TIME PERIOD OF PERMITTED TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF- WAY (9.160.060); AND 2) TO REVISE TABLE 9-17, TO REMOVE MAXIMUM SIGN SIZE AND HEIGHT RESTRICTIONS FOR EXEMPT SIGNS (9.160.020). WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Zoning Ordinance that necessitate an amendment to the Zoning Ordinance ("Zoning Ordinance Amendment'); and, WHEREAS, said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(B)(3), Review for Exemptions of the CEQA Guidelines; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 141h of April, 2009, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to restrict the placement of permitted temporary signs within the public right-of-way (9.160.060), and to revise Table 9-17 "Exempt Signs" for the removal of maximum sign height and maximum sign area (9.160.020); and recommended approval of the proposed Amendments to the City Council; and WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on April 23, 2009, as prescribed by the Municipal Code, advertising the public hearing before the City Council on the Zoning Ordinance Amendment; and WHEREAS, The City Council held a duly noticed public hearing on the 5" day of May, 2009, and considered the evidence, both written and oral, presented at said hearing; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta does ordain as follows: Ordinance No. 468 Zoning Code 9.160 Amendment Adopted: May 19, 2009 Page 2 SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibits "A" and "B", attached hereto and incorporated herein by reference. SECTION 2. ENVIRONMENTAL. The Planning Director has determined said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061 (B)(3), Review for Exemptions of the CEQA Guidelines. SECTION 3. SEVERABILITY. The provisions of this Ordinance shall be severable, and is any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operations to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 4. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 6. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 19t" day of May, 2009, by the following vote: AYES: Council Members Henderson, Kirk, Mayor Adolph NOES: Council Members Franklin and Sniff ABSENT: None ABSTAIN: None Ordinance No. 468 Zoning Code 9.160 Amendment Adopted: May 19, 2009 Page 3 City of La Quinta, ATTEST: City of La Quinta, California (CITY SEAL)-" APPROVED AS TO FORM: AAATHERINE JEkSON, City Attorney City of La Quinta, California Ordinance No. 468 Zoning Code 9.160 Amendment Adopted: May 19, 2009 Page 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 468 which was introduced at a regular meeting on the 5t" day of May, 2009, and was adopted at a regular meeting held on the 19" day of May, 2009, not being less than five days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within -the City of La Quinta as specified in City Council Resolution No. 2006-115. VERONICA J.WNTECINO, CMC, City Clerk City of La Qu nta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on MAT L64 , pursuant to Council Resolution. VERONICA J.JAONTECINO, CMC, City Clerk City of La Quinta, California Ordinance 468 Zoning Code 9.160 Amendments Adopted: May 19, 2009 EXHIBIT A 9.160.020 Exempt signs. A. Signs Not Requiring Sign Permits. The signs listed in Table 9-17 following do not require a sign permit nor shall their area and number be included in the aggregate area or number of signs permitted for any premises or use. However, this exemption shall not be construed as relieving the sign owner of the responsibility of: (1) obtaining any building or other permits required for sign erection, if any; (2) proper sign maintenance; or (3) compliance with applicable provisions of this chapter or of any other law or ordinance. Exempt signs shall not be illuminated nor placed within any public riqht-of-way unless specifically permitted herein below. Table 9-17 Exempt Signs Not Requiring a Sign Permit* Maximum Sign Type Placement Illumination Area In this table: "n/a" means not applicable or no restriction "Building -mounted" means sings mounted flush -to -wall only 1. Official notices issued by any court or public body or officer and notices n/a n/a n/a posted by any public officer in the performance of a public duty or by any person giving legal notice 2. Within residential districts, address or identification signs Building -mounted 1 sq. ft. Required aggregate 3. Signs located in the interior of any building or enclosed outdoor area n/a n/a Yes which are designed and located to be viewed exclusively from within such building or outdoor area 4. Tablets, stained glass windows or dates of erection cut into the surface Building -mounted 3 sq. ft. No of a wall or pedestal or projecting not more than two inches or freestanding 5. Directional, warning or informational signs required by or authorized by n/a n/a Yes law or by a governmental authority, including signs necessary for the operation and safety of public utility uses 6. Incidental accessory signs and placards (e.g., open/closed signs, six Window or 3 sq. ft. No signs maximum per premises) building -mounted aggregate 7. Temporary decorations clearly incidental and customary and commonly n/a We Yes associated with any national, local or religious holiday, provided such signs are erected no earlier than forty-five days from the applicable holiday and removed within twenty-one days after the applicable holiday. 8. Sculptures, fountains, mosaics and design features which do not We n/a Yes incorporate advertising or premise identification 9. Property signs (e.g., "No Trespassing," "No Parking," etc.), Building -mounted 3 sq. ft. Yes informational/directional signs (e.g., "Restrooms," "Exit," etc.) and or freestanding warning signs (e.g., "High Voltage") 10. Vehicular directional signs used to identify street entrances and exits, Building -mounted 3 sq. ft. Yes maximum three feet if freestanding or freestanding 11. Directional pavement marking n/a n/a n/a 12. Newspaper stand identification n/a 3 sq/ ft/ No 13. Within commercial districts, chalkboards or small placards (e.g., Building -mounted 3 sq. ft. Indirect only restaurant menu boards) 14. Vending machine signs and automatic teller signs n/a n/a Yes 15. Directional and nonprofit public information signs for public, quasi- Freestanding 6-sq. it No public, and nonprofit uses on public or private property, adjacent to an Arterial thoroughfare. Number, shape, location and height of We signs shall be approved by the director of community development and public works 16. Within commercial zones, temporary information window signs Window -mounted No one No fronting on a street, parking lot or common on -site area, not window sign covering more than 25% of the area of the window(s) within which shall exceed 4' they are placed for a period not to exceed 14 days nor more than 6 high or 8' long times per calendar year. No more than 3 signs per elevation with (32 sq. ft.) windows may be installed at any one time Ordinance 468 Zoning Code 9.160 Amendments Adopted: May 19, 2009 17. Within residential zones, temporary decorative flags clearly incidental Building -mounted 7 sq. ft. No which may or may not be associated with any national, local or religious holiday 18. Temporary for sale, lease, open house, or rent signs located on the Freestanding 6 sq. ft., 4 No 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 on Freestanding 12 sq. ft. 6 ft No commercial/ten acre residential parcels in one ownership. One sign high. 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 semipermanent 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. Ordinance 468 Zoning Code 9.160 Amendments Adopted: May 19, 2009 EXHIBIT B 9.160.060 Permitted temporary signs. A. Definition. "Temporary sign" means any nonilluminated sign which may require a sign permit and which is intended to be posted for a maximum of sixty -forty- five (45) 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 sixty forty-five (45) 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 ninety 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 corner of the face of the sign. 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 twelve 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 twenty- four square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. D. Maximum Height. Freestanding 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 eave line 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 fifty. F. Placement Restrictions. Temporary signs shall not be posted within the public right-of-way, or on sidewalk surfaces, mailboxes, 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 not be posted within the public right-of-way and Ordinance 468 Zoning Code 9.160 Amendments Adopted: May 19, 2009 shall not be located be posted ne 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 two hundred 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 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 Ordinance 468 Zoning Code 9.160 Amendments Adopted: May 19, 2009 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 therefore, the city 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 therefore 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 workscontract over forty-five 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 three thousand 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. 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 thirty days. The signs shall be nonilluminated and its size shall not exceed thirty-two square feet.