PC Resolution 2010-012PLANNING COMMISSION RESOLUTION 2010-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA
QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONING ORDINANCE AMENDMENT 2010-101: TO
RESTRICT THE PLACEMENT, NUMBER AND DURATION OF PLACEMENT
OF PERMITTED TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF-
WAY (9.160.060).
CASE NO.: ZONING ORDINANCE AMENDMENT 2010-101
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 13" of April, 2010, hold a duly noticed Public Hearing for review of a
Zoning Ordinance Amendment to limit the placement of permitted temporary signs
within the public right-of-way, the number of such signs and the maximum time
period temporary signs are posted; 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 2, 2010, 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:
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-way 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 2010-012
Zoning Ordinance Amendment 2010-101
April 13, 2010
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 2010-101 as set forth in attached Exhibit A 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 13' day of April, 2010, by the following
vote, to wit:
AYES: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman Alderson
NOES: None
ABSENT: None
ABSTAIN: None
ED AL ERSON, Chairman
City of La Quinta, California
ATTEST:
S J ON, Planning Director
City df La Quinta
EXHIBIT "A"
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 ferty five sixty 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 ferEy-
€ive sixty 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 one hundred.
F. Placement Restrictions. Temporary signs shall not be posted within the pablis
right of way, 9Fon 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 and traffic signs or signals. Temporary signs
shall not be posted within the publiG right of way and shall not be located closer than five feet
from the edge of the paved area of any public road or street and shall not be posted within
any median located in a public road or street. Temporary signs shall be placed no less than
two hundred feet apart from identical or substantially similar temporary signs placed within the
city limits. and shall not be visible simultaneously with the beURdaFies ef the Gity. Temporary
signs shall not be posted in a manner which obstructs the visibility of traffic ror 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 planning 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. Upon the
successful removal of all temporary signs, up to 50% of said deposit shall be refunded to
the applicant.
1. Statement of Responsibility Required. Each applicant for a temporary sign permit
shall submit to the planning 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 planning department's receipt of a temporary
sign permit application, the planning 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 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 shalt 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 non -illuminated and its size shall not exceed thirty-two square
feet. (Ord. 468 § 1, 2009; Ord. 293 § 1, 1996; Ord. 284 § 1 (Exh. A) (part), 1996)