ORD 479ORDINANCE NO. 479
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA
MUNICIPAL CODE TO ALLOW FOR POSTING OF
TEMPORARY SIGNS IN CERTAIN AREAS WITHIN THE
PUBLIC RIGHT OF WAY, INCREASING THE TIME PERIOD
FOR POSTING, INCREASING THE NUMBER OF SIGNS
PER PERMIT, CLARIFYING LANGUAGE OF CERTAIN
MISCELLANEOUS PROVISIONS AND PROVIDING FOR
RETAINAGE OF DEPOSIT FOR VIOLATIONS OF
TEMPORARY SIGN REQUIREMENTS (9.160.060).
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 13"' of April, 2010, hold a duly noticed Public Hearing for review of a
Zoning Ordinance Amendment proposing to allow the placement of permitted
temporary signs within the public right-of-way (9.160.060), to increase the time
period for placement of temporary signs, to increase the number of temporary
signs, clarify certain language, provide for retaining a portion of deposits for
temporary signs; and recommended approval of certain portions 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, 2010, 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 41" day
of May, 2010, and considered the evidence, both written and oral, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
La Quinta does ordain as follows:
Ordinance No. 479
Zoning Code 9.160 Amendment
Temporary Signs
Adopted: May 18. 2010 `
Page 2
SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is
amended as identified on Exhibit "A", 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 Quint2 Planning Department has reviewed the
Amendment under the provisions of i CEQA, and has determined that the
Amendment is exempt pursuant to Section 15061 (13)(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 18t' day of May, 2010, by the
following vote:
AYES: Council Members Evans, Franklin, Sniff
NOES: Council Member Henderson, Mayor Adolph
ABSENT: None
ABSTAIN: None
Ordinance No. 479
Zoning Code 9.160 Amendment
Temporary Signs
Adopted: May 18, 2010
Page 3
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DON ADO PH, MEUor
City of La Quinta, California
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(CITY SEAL)
APPROVED AS TO FORM:
&-, "Z:6- A--
M. KATHERINE JFzNSON, City Attorney
City of La Quinta, California
Ordinance No. 479
Zoning Code 9.160 Amendment
Temporary Signs
Adopted: May 18, 2010
Page 4
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
forty-five 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 forty-five 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 one hundred.
F. Placement Restrictions. Temporary signs shall not be posted 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,
Ordinance No. 479
Zoning Code 9.160 Amendment
Temporary Signs
Adopted: May 18, 2010
Page 5
life buoys, life preservers, lifesaving equipment, street signs and traffic signs or
signals. Temporary signs 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. 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 planning department for a sign permit.
To insure sign removal upon expiration of the permitted posting time, a 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
100% of the deposit shall be refunded to the applicant. However, violations of the
temporary sign provisions may result in up to 50% of said deposit being retained
by the city.
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.
Ordinance No. 479
Zoning Code 9.160 Amendment
Temporary Signs
Adopted: May 18. 2010'
Page 6
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 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)
Ordinance No. 479
Zoning Code 9.160 Amendment
Temporary Signs
Adopted: May 18, 2010
Page 7
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 41h day of May, 2010, and
was adopted at a regular meeting held on the 18`h day of May, 2010, 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. 2006-1 15.
VERONICA ,,,MONTECINO, CIVIC, City Clerk
City of La uinta, 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 May 26, 2010 pursuant
to Council Resolution.
VERONICA�MONTECINO, CMC, City Clerk
City of La Quinta, California