PCRES 2009-013PLANNING COMMISSION RESOLUTION 2009-013
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA
QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONING ORDINANCE AMENDMENT 2009-097, 1.) TO
RESTRICT PLACEMENT OF PERMITTED TEMPORARY SIGNS WITHIN
THE PUBLIC RIGHT-OF-WAY AND TO REDUCE THE MAXIMUM TIME
PEROID FOR SIGN POSTING FROM SIXTY (60) DAYS TO FORTY-FIVE
(45) DAYS (9.160.060);AND 2.) TO REVISE TABLE 9-17 TO REMOVE
MAXIMUM SIGN SIZE AND HEIGHT RESTRICTIONS FOR EXEMPT
SIGNS (9.160.020).
CASE NO.: ZONING ORDINANCE AMENDMENT 2009-097
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 141" 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, and to revised table 9-17 "Exempt Signs" for the
removal of maximum sign height and maximum sign area; 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 Department published the public hearing notice
in the Desert Sun newspaper on April 4, 2009, as prescribed by the Municipal Code;
and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
Planning Commission did make the following mandatory findings recommending
approval of said Zoning Ordinance Amendment:
1. The proposed Zoning Ordinance Amendment is consistent with the General
Plan, insofar as it implements existing City policies that are in conformance
with those in the General Plan; removes inconsistent, conflicting, and
incompatible portions of text; and allows for continued high aesthetic quality of
public right-of-ways in the City. Because the amendments are corrections,
clarifications, or minor revisions to the current policies and interpretations, the
code amendment is consistent with the goals, objectives and policies of the
General Plan.
Planning Commission Resolution 2009-013
Zoning Ordinance Amendment 2009-097
April 14, 2009
2. Approval of the Zoning Ordinance Amendment will not create conditions
materially detrimental to the public health, safety and welfare, and will have no
impacts on the public health, safety and welfare.
3. The Zoning Ordinance Amendment has been determined to be exempt from the
California Environmental Quality Act in that the proposed changes to the
Municipal Code will have no effect 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 constitute the findings of the Planning
Commission in this case.
2. That the Planning Commission does hereby recommend approval of Zoning
Ordinance Amendment 2009-097 as set forth in attached Exhibits A through C
to the City Council for the reasons set forth in this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on the 14`h day of April, 2009, by the following
vote, to wit:
AYES: Commissioners Barrows, Quill, Weber, Wilkinson.
NOES: Chairman Alderson.
ABSENT: None.
ABSTAIN: None.
ED ALDE SON, Chairman
City of La Quinta, California
ATTEST:
'ES tQWN8aN, Planning Director
City of La Quinta
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
right-of-way unless specifically permitted herein below.
Table 9-17 Exempt Signs Not Requiring a Sign Permit"
Sign Type
Placement
Maximum
Area
Illumination
1. Official notices issued by any
n/a
n/a
n/a
court or public body or officer and
notices posted by any public
officer in the performance of a
public duty or by any person
giving legal notice
2. Within residential districts,
Building-
1 sq. ft.
Required
address or identification signs
mounted
aggregate
3. Signs located in the interior of
n/a
n/a
Yes
any building or enclosed outdoor
area which are designed and.
located to be viewed exclusively
from within such building or
outdoor area
4. Tablets, stained glass windows
Building-
3 sq. ft.
No
or dates of erection cut into the
mounted or
surface of a wall or pedestal or
freestanding
projecting not more than two
inches
5. Directional, warning or
n/a
n/a
Yes
informational signs required by or
authorized by law or by a
governmental authority, including
signs necessary for the operation
and safety of public utility uses
6. Incidental accessory signs and
Window or
3 sq. ft.
No
placards (e.g., open/closed signs,
building-
aggregate
six signs maximum per premises)
mounted
7. Temporary decorations clearly
n/a
n/a
Yes
incidental and customary and
commonly 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
n/a
n/a
Yes
and design features which do not
incorporate advertising or premise
identification
9. Property signs (e.g., "No
Building-
3 sq. ft.
Yes
Trespassing," "No Parking," etcJ,
mounted or
informational/directional signs
freestanding.
(e.g., "Restrooms," "Exit," etc.)
and warning signs (e.g., "High
Voltage")
10. Vehicular directional signs used
Building-
3 sq. ft.
Yes
to identify street entrances and
mounted or
exits, maximum three feet if
freestanding
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,
Building-
3 sq. ft.
Indirect
chalkboards or small placards
mounted
only
(e.g., restaurant menu boards)
* In this table:
"n/a" means not applicable or no restriction
"Building -mounted" means signs mounted flush -to -wall only
Table 9-17 Exempt Signs Not Requiring a Sign Permit (Continued)
Maximum
Sign Type
Placement
Area
Illumination
14. Vending machine signs and
n/a
n/a
Yes
automatic teller signs
15. Directional and nonprofit public
Freestanding
No
information signs for public,
quasi -public, and nonprofit uses
n/a
on public or private property,
adjacent to an Arterial
thoroughfare. Number, shape,
location and height of signs shall
be approved by the director of
community development and
public works
16. Within commercial zones,
Window-
No one
No
temporary information window
mounted
window
signs fronting on a street,
sign shall
parking lot or common on -site
exceed 4'
area, not covering more than
high or 8'
25% of the area of the
long (32
window(s) within which they are
sq. ft.)
placed for a period not to exceed
14 days nor more than 6 times
per calendar year. No more than
3 signs per elevation with
windows may be installed at any
one time
17. Within residential zones,
Building-
7 sq. ft.
No
temporary decorative flags
mounted
clearly incidental which may or
may not be associated with any
national, local or religious holiday
18. Temporary for sale, lease, open
Freestanding
6 sq. ft.,
No
house, or rent signs located on
4 feet
the subject property. One sign
high.
per street frontage.
Aggregate
not to
exceed 12
sq. ft.
19. Temporary for sale, lease, open
Freestanding
12 sq. ft.
No
house, or rent signs located on
6 ft high.
commercial/ten acre residential
Aggregate
parcels in one ownership. One
not to
sign per street frontage
exceed 24
sq. ft.
Signs in residential districts requiring
See Section 9.160.040
a permit
Signs in nonresidential districts
See Section 9.160.050 .
requiring a permit
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.
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 &bay -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 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 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 shall
not be located 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 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 e-constantlj/ maintained �n
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 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 works
contract 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.
R