Purpose. These regulations are intended to implement the goals and policies of the general plan by:

A.

Providing minimum standards to safeguard and enhance property values and protect public and private investment in buildings and open spaces;

B.

Preserving and improving the appearance of the city as a place to live, work and visit;

C.

Encouraging sound signing practices to aid business and provide directional information to the public;

D.

Ensuring that signs effectively identify business and other establishments;

E.

Preventing excessive and confusing signing displays;

F.

Reducing traffic hazards and promoting the public health, safety and welfare by minimizing visual competition among signs.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

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*

*In this table:
"n/a" means not applicable or no restriction.
"Building-mounted" means signs mounted flush-to-wall only.

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.

(Ord. 550 § 1, 2016; Ord. 468 § 1, 2009; Ord. 394 § 2, 2003; Ord. 293 § 1, 1996; Ord. 284 § 1, 1996)

A.

Applicability. Signs in the city of La Quinta, including exempt, permanent, semipermanent and temporary signs, are subject to the general standards of this section.

B.

Planned Sign Programs. Planned sign program review is required, per the provisions of Section 9.160.090(D), for submissions which: (1) include three (3) or more permanent signs; (2) are in conjunction with review of a site development permit by the planning commission; or (3) include a request for a sign adjustment to a sign previously approved under a planned sign program.

C.

Interpretation of Provisions. Where a matter of interpretation arises regarding the provisions of this chapter, the more specific definition or more rigorous standard shall prevail. Whenever the director determines that the application of any provision of this chapter is uncertain, the issue shall be referred to the planning commission for determination.

D.

Application of Standards. If the director determines that a staff-reviewed sign does not conform to one (1) or more of the general standards set forth in this section, the applicant shall be given the option of modifying the sign or applying for a minor adjustment.

E.

Measurement of Sign Area. Sign area shall be measured as follows:

1.

Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including nonstructural perimeter trim but excluding structures or uprights on which the sign is supported.

2.

Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following.

3.

Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters.

4.

Double-Faced Signs. If a sign is double-faced with only one (1) face visible from any ground position at one (1) time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is twenty (20) square feet, a double-faced sign may have an area of twenty (20) square feet per face.

5.

Three (3)-Dimensional Signs. If a sign has three (3) or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has four (4) faces and the maximum permitted sign area is twenty (20) square feet, the maximum allowable area for each face is only five (5) square feet.

6.

Separated-Panel Signs. The sign area of open or separated panel signs, i.e., those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels.

F.

Measurement of Sign Height. Sign height shall be measured as follows:

1.

Building-Mounted Signs. The height of building-mounted signs shall be measured from the average finish grade directly beneath the sign.

2.

Freestanding Signs. The height of a freestanding sign shall be measured from the top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, in cases where the director determines that a freestanding sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign.

G.

Sign Placement.

1.

Setback From Street. Freestanding signs shall not be located within five (5) feet of a street right-of-way nor within a corner cutoff area identified in Section 9.100.030(D).

2.

No Off-Premises Signs. All signs shall be located on the same premises as the land use, business and/or activity identified by the sign, unless specifically permitted to be off-premises under the provisions of this chapter, or incorporated and approved as part of a temporary use permit application.

3.

Utility Lines. No sign shall be located closer to overhead utility lines than the distance prescribed by California law or by the rules duly promulgated by agencies of the state or by the applicable public utility.

4.

Traffic Safety. No sign shall be located in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic.

5.

Public Right-of-Way. No sign shall be located within, over or across a public right-of-way unless specifically permitted in this chapter.

H.

Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid undue brightness, glare or reflection of light on private or public property in the surrounding area so as to avoid unreasonably distracting pedestrians or motorists. "Undue brightness" is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street. Illuminated signs which face or are adjacent to residentially zoned property shall be restricted to minimize the illumination, glare or reflection of light which is visible from the residentially zoned property.

I.

Maintenance. Any sign displayed within the city, together with supports, braces, guys, anchors, and electrical components, shall be maintained in good physical condition, including the replacement of defective parts. Exposed surfaces shall be kept clean, in good repair and painted where paint is required. The director may request the director of building and safety to order the repair or removal of any sign determined by the director to be unsafe, defective, damaged or substantially deteriorated.

J.

Landscaping of Freestanding Signs. All freestanding signs shall include, as part of their design, landscaping and/or hardscaping about their base so as to prevent vehicles from hitting the sign, to improve the overall appearance of the installation, and to screen light fixtures and other appurtenances. The applicant shall maintain all landscape areas in a healthy and viable condition.

K.

Inspection. All sign owners and users shall permit the periodic inspection of their signs by the city upon ten (10) days' notice.

L.

Specific Plan Standards to Apply. Signs to be located within the boundaries of a specific plan or other special design approval area shall comply with the criteria established by such plan or area.

(Ord. 550 § 1, 2016; Ord. 506 § 1, 2013; Ord. 284 § 1, 1996)

Signs identified in Table 9-18 are permitted in residential districts subject to approval of a sign permit per Section 9.160.090.

Table 9-18 Permanent Signs Permitted in Residential Districts With a Sign Permit

Notes:
Freestanding signs shall not be located within five (5) feet of a street right-of-way nor within a corner cutoff area identified in Section 9.60.030.
"ID" means identification sign.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

Signs identified in Table 9-19 following are permitted in nonresidential districts subject to approval of a sign permit per Section 9.160.090.

Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign Permit

Notes:
Freestanding signs shall not be located within five (5) feet of a street right-of-way nor within a corner cutoff area identified in Section 9.100.030.
"ID" means identification sign.

Signs required by law shall be allowed at the minimum size specified by such law.

(Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 550 § 1, 2016; Ord. 506 § 1, 2013; Ord. 480 § 1, 2010; Ord. 284 § 1, 1996)

A.

Definition. See Chapter 9.280.

B.

Maximum Time Periods. No temporary sign shall be posted for more than 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 (90) days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven (7) days after the occurrence of the event, if any, which is the subject of the temporary 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 (6) square feet in area and temporary signs placed on private property may not exceed twelve (12) square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one (1) ownership may not exceed twenty-four (24) square feet. Area shall be calculated on the basis of the entire sign area, as designated in Section 9.160.030.

D.

Maximum Height. Freestanding temporary signs which are placed on public or private property shall not exceed six (6) feet in height. Temporary signs which are posted, attached or affixed to private multiple-floor buildings shall not be placed higher than eight (8) 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 (100).

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, life buoys, life preservers, lifesaving equipment, street signs and traffic signs or signals. Temporary signs shall not be located closer than five (5) 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 (200) 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 one (1) or more temporary signs on public property and/or four (4) or more temporary signs on private property shall make application to the planning division 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 one hundred percent (100%) of the deposit shall be refunded to the applicant. However, violations of the temporary sign provisions may result in up to fifty percent (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 division 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 (10) business days of the planning division's receipt of a temporary sign permit application, the 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 (5) 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 Section 1.01.300 of this code, 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, 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 therefor fails to comply with the notice within five (5) 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 (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 three thousand (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.

J.

Commercial business banners advertising grand openings, sales, and seasonal and/or temporary events are allowed up to four (4) times per calendar year, with a maximum time period of fourteen (14) consecutive days, and a minimum of thirty (30) consecutive days between each placement period. The banners shall be located within nonresidential zoning districts, with a maximum of one (1) banner per street frontage and one (1) per parking lot frontage, and a maximum of two (2) banners per business. A sign permit shall be required for each placement period. The banner(s) shall consist of light-weight fabric or similar material attached to the building wall below the eave line. The banner(s) shall be non-illuminated and its size shall not exceed thirty-two (32) square feet.

K.

Garage, Patio, Yard Sale Advertising. Two (2) signs are permitted; one (1) on-site and one (1) at the nearest intersection. The on-site sign shall be located on the property where the sale is being conducted. Signs are not permitted in rights-of-way or on any utility poles, street signs, or traffic control posts.

(Ord. 577 § 1, 2019; Ord. 564 § 1, 2017; Ord. 550 § 1, 2016; Ord. 506 § 1, 2013; Ord. 479 § 1, 2010; Ord. 468 § 1, 2009; Ord. 293 § 1, 1996; Ord. 284 § 1, 1996)

A.

Definition. See Chapter 9.280.

B.

Maximum Time Periods. No semi-permanent sign shall be posted for more than one (1) year. In addition, all semi-permanent signs shall be removed within ten (10) 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 (10) days after the facility has received a certificate of occupancy, and a model home complex identification sign shall be removed within ten (10) 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 thirty-two (32) square feet in area. The aggregate area of all semi-permanent signs placed or maintained on any parcel of real property in one (1) ownership shall not exceed sixty-four (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. Freestanding semi-permanent signs shall not exceed eight (8) 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 ten (10).

F.

Placement Restrictions. Semi-permanent signs may not be posted on public property, as defined in Section 9.160.130. 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 planning division for a semi-permanent sign permit.

1.

Statement of Responsibility Required. Each applicant for a semi-permanent sign permit shall submit to the planning division a statement of responsibility certifying a natural person who will be responsible for removing each semi-permanent 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 (10) business days of the planning division's receipt of a semi-permanent sign permit application, the 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 semi-permanent 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.

In any event, no permit application shall be approved which proposes to place in excess of ten (10) semi-permanent signs on private or public property which will be visible simultaneously from a single location and orientation within the boundaries of the city.

c.

The director's decision with respect to a permit application for a semi-permanent sign may be appealed to the planning commission.

H.

Time Extensions. The applicant may apply for a time extension of up to one (1) year from the date of expiration. The director shall approve the application for an extension of time upon finding that the semi-permanent sign is otherwise in compliance with the requirements of this section and that the time extension is necessary to accomplish the purposes for which the semi-permanent sign has been posted.

I.

Maintenance and Removal of Semi-Permanent Signs.

1.

Maintenance. All semi-permanent signs shall be constantly maintained in a state of security, safety and good repair.

2.

Removal. If the city finds that any semi-permanent sign 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 semi-permanent sign, or the person who has claimed responsibility for the semi-permanent sign pursuant to Section 1.01.300 of this code, that the semi-permanent sign is in violation of this section, shall specify the nature of the violation, and shall direct the owner of the semi-permanent sign or responsible person to remove or alter such semi-permanent sign. If the city cannot determine the owner of the sign or person responsible therefor, the city shall post such notice on or adjacent to each semi-permanent sign which is in violation. If the owner of the semi-permanent sign or the person responsible therefor fails to comply with the notice within five (5) days after such notice is given the semi-permanent sign shall be deemed abandoned, and the city may cause such semi-permanent sign to be removed and the cost thereof shall be payable by the owner or person responsible for the semi-permanent sign to the city.

(Ord. 564 § 1, 2017; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 293 § 1, 1996; Ord. 284 § 1, 1996)

A.

Purpose. To provide vehicular direction to specific businesses which, due to their location within the boundaries of the Village commercial zoning district and away from major arterials, are difficult to find.

B.

Definition. See Chapter 9.280.

C.

Maximum Time Periods. No downtown village directional sign panel shall be installed for more than eleven (11) consecutive months out of any twelve (12)-month period. However, a sign panel may be installed for more than eleven (11) consecutive months if there is no waiting list for commercial business on that sign panel. A log containing the installation date of all sign panels shall be maintained by the contracted group or agency. This log shall be made available to the city upon request, and submitted annually to the city.

D.

Monument Base Structure, Size and Standards. Downtown village directional sign panels shall only be installed in approved monument base structures which conform to the following standards:

1.

Structures shall not exceed eight (8) feet in height and six (6) feet in width.

2.

Structures shall contain no more than eight (8) sign panels per face or side.

3.

Structures shall have no more than two (2) faces or sides.

4.

Structure shall include, at the top, a decorative cap or sign of maximum two (2) feet six (6) inches high and six (6) feet wide.

5.

The base shall be constructed of block, brick, wood, stone or other similar material.

6.

No tag, sign, streamer, device, display board or other attachment may be added or placed upon the structure.

E.

Sign Panel Size and Standards. Downtown village directional sign panels which are mounted in the monument base structures shall be eight (8) inches in height and five (5) feet wide, and shall conform to the following standards:

1.

The use of such sign panels shall be for the sole identification of any commercial businesses located and operating within the boundaries of the Village commercial zoning district.

2.

Each sign panel shall contain the name of the business and a directional arrow on no more than two (2) lines.

3.

Indirect lighting may be provided as set forth in Section 9.100.150.

F.

Sign Locations. Five (5) structures shall be allowed: The specific location at each intersection shall be approved by the director and the director of public works. The structures may be located in the city's right-of-way. If located in the right-of-way, an encroachment permit shall be obtained from the director of public works. The structures shall be located for maximum readability and traffic/pedestrian safety.

G.

Installation. The city shall have the discretion to contract with a nonprofit group or nongovernmental agency to install and manage the sign panels and structures. Fees may be charged only to the extent necessary to cover costs for installation and subsequent maintenance. The group or agency chosen to administer the semi-permanent downtown village directional sign program shall sign a memorandum of agreement with the city setting forth the scope of responsibilities and services to be provided.

H.

Maintenance. The group or agency contracted to install and manage the sign panels and structures shall be responsible for maintaining the panels and structures in good order at all times. Upon request by the city, sign panels and structures shall be repaired and/or maintained within thirty (30) days of such request. Failure to repair/maintain sign panels and structures shall be cause for city to request removal or to remove.

(Ord. 550 § 1, 2016; Ord. 401 § 1, 2004; Ord. 284 § 1, 1996)

A.

Sign Permit Required. Sign permit approval is required prior to obtaining a building permit for the placing, erecting, moving, reconstructing, altering or displaying any sign on private property within the city, unless the review procedure is exempt under Section 9.160.020 of this chapter or other provisions of this chapter. Signs requiring approval shall comply with the provisions of this chapter and all other applicable laws and ordinances. Signs legally existing prior to the effective date of the ordinance codified in this chapter shall not require approval until such time as the sign is moved, structurally altered, changed or relocated; at which time, the review and approval provisions of this chapter shall apply before a sign permit and/or building permit is issued.

B.

Submission Materials. The following shall be submitted by the applicant to the planning division at the time of permit application unless otherwise modified by the director:

1.

Completed sign application obtained from the city;

2.

Appropriate sign plans with number of copies and exhibits as required in the application;

3.

Appropriate fees as established by city council resolution;

4.

Letter of consent or authorization from the property owner, or lessor, or authorized agent of the building or premises upon which the sign is to be erected;

5.

Sign plans with the following information:

a.

Sign elevation drawing indicating overall and letter/figure/design dimensions, colors, materials, proposed copy and illumination method,

b.

Site plan indicating the location of all main and accessory signs existing or proposed for the site with dimensions, color, material, copy and method of illumination indicated for each,

c.

Building elevations with signs depicted (for building-mounted signs).

C.

Review Procedures—Standard Sign Application.

1.

The standard sign application is used by the planning division to process the following sign applications using the standards and provisions contained in this chapter:

a.

Two (2) or less permanent signs;

b.

Signs in conformance with a previously approved planned sign program pursuant to subsection D of this section.

2.

The director or other authorized staff member shall review standard sign applications and shall make a determination to either approve, approve with modification or deny the application. The review shall consider the size, design, colors, character and location of the proposed signs.

3.

A standard sign application shall only be approved after a finding that the proposed sign is consistent with the purpose and intent of this chapter and the regulations herein.

D.

Review Procedures—Planned Sign Programs.

1.

Planned Sign Programs. Planned sign program review per the provisions of this subsection is required for submissions which: (a) include three (3) or more permanent signs; (b) are in conjunction with review of a site development permit by the planning commission; or (c) include a request for a sign adjustment to a sign previously approved under a planned sign program.

2.

The director shall make a determination to either approve, approve with modifications, or deny planned sign program applications in conjunction with its review of the associated development project.

3.

The director, upon completion of its review, may attach appropriate conditions to any sign program approval. In order to approve a planned sign program, the commission must find that:

a.

The sign program is consistent with the purpose and intent of this chapter;

b.

The sign program is in harmony with and visually related to:

i.

All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape,

ii.

The buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified,

iii.

Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs.

4.

Modification of signs within a previously approved sign program shall be reviewed by the director.

E.

Sign Adjustments. Adjustments to planned sign programs to permit additional sign area, additional numbers of signs, an alternative sign location, an alternative type of signage, new illumination or additional height may be granted by the director. Applications for sign adjustments shall be submitted in writing on forms provided by the director. The director shall make one (1) or more of the following findings in conjunction with approval of a sign adjustment:

1.

Additional Area.

a.

To overcome a disadvantage as a result of an exceptional setback between the street and the sign or orientation of the sign location;

b.

To achieve an effect which is essentially architectural, sculptural or graphic art;

c.

To permit more sign area in a single sign than is allowed, but less than the total sign area allowed on the site, where a more orderly and concise pattern of signing will result;

d.

To allow a sign to be in proper scale with its building or use;

e.

To allow a sign compatible with other conforming signs in the vicinity;

f.

To establish the allowable amount and location of signing when no street frontage exists or when, due to an unusual lot shape (e.g., flag lot), the street frontage is excessively narrow in proportion to the average width of the lot.

2.

Additional Number. To compensate for inadequate visibility, or to facilitate good design balance.

3.

Alternative Locations.

a.

To transfer area from one (1) wall to another wall or to a freestanding sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback;

b.

To permit the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street. In addition to any other requirements, the applicant shall submit evidence of the legal right to establish and maintain a sign within the access easement;

c.

Additionally, alternative on-site locations may be granted in order to further the intent and purposes of this chapter or where normal placement would conflict with the architectural design of a structure.

4.

Alternative Type of Sign. To facilitate compatibility with the architecture of structure(s) on the site and improve the overall appearance on the site.

5.

Additional Height. To permit additional height to overcome a visibility disadvantage.

F.

Disposition of Plans.

1.

When revisions to sign plans are required as a condition of approval, the applicant shall submit the required number of copies of the revised plans to the planning division to be stamped "Approved." The department will retain copies and a set will be returned to the applicant.

2.

After approval is granted, it shall be the responsibility of the applicant to submit all required applications, plans, bonds, and fees to the building and safety department and the planning division for issuance of the building permit.

G.

Sign Permit Expiration and Time Extensions.

1.

Approval of a standard application or planned program application shall expire one (1) year from its effective date unless the sign has been erected or a different expiration date is stipulated at the time of approval. Prior to the expiration of the approval, the applicant may apply to the director for an extension of up to one (1) year from the date of expiration. The director may make minor modifications or may deny further extensions of the approved sign or signs at the time of extension if the director finds that there has been a substantial change in circumstances.

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.

3.

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 director made pursuant to this chapter may be appealed to the planning commission in accordance with Section 9.200.110 of this code.

(Ord. 564 § 1, 2017; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

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, 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-premises signs as defined in Section 9.160.130, unless specifically permitted to be off-premises under the provisions of this chapter, or incorporated and approved as part of a temporary use permit application;

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;

12.

Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal;

13.

Signs which, by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic-control sign, signal or device, or the light of an emergency vehicle, or which obstruct the visibility of any traffic or street sign or signal device;

14.

Signs that create a potential safety hazard by obstructing clear view of pedestrian or vehicular traffic;

15.

Signs located upon or projecting over public streets, sidewalks or rights-of-way (unless specific approval has been granted);

16.

Signs attached to utility poles or stop signs or other municipal sign structure;

17.

Balloon signs, inflatable animal or other figures, or other inflatable displays, whether tethered or not, except as otherwise permitted by a temporary or special outdoor event permit;

18.

Signs located closer to overhead utility lines than the minimum distance prescribed by California law, or by the rules duly promulgated by agencies of the state or by the applicable public utility;

19.

"For Sale" signs affixed to vehicles parked on public right-of-way or on any vacant property;

20.

Neon signs, except those specifically approved as an activity's major identification sign;

21.

Signs drawn or painted onto or otherwise affixed to trees or rocks unless specifically permitted in this chapter;

22.

Advertising statuary;

23.

Any temporary sign or banner, unless specifically permitted in this chapter;

24.

Translucent or transparent signs on internally illuminated awnings so that they allow light to shine through the letters of the copy.

(Ord. 550 § 1, 2016; Ord. 506 § 1, 2013; Ord. 361 § 1, 2001; Ord. 284 § 1, 1996)

A.

Every legal sign in existence on the effective date of this code which does not conform to the provisions of this chapter but which was in conformance with city sign regulations in effect prior to said effective date, shall be deemed a nonconforming sign and may be continued and maintained provided:

1.

The sign is properly maintained and does not in any way endanger the public; and

2.

The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of the ordinance codified in this chapter.

B.

No nonconforming sign shall be changed to another nonconforming sign, changed in any manner that increases the signs noncompliance with the provisions of this chapter, nor expanded or structurally altered so as to extend its useful life. This restriction does not preclude change of sign copy or normal maintenance.

C.

Any nonconforming sign which is damaged or destroyed beyond fifty percent (50%) of its value shall be removed or brought into conformity with the provisions of this chapter. The determination whether a sign is damaged or destroyed beyond such fifty percent (50%) of value shall rest with the director and shall be based upon the actual cost of replacing said sign.

D.

The burden of establishing a sign as legally nonconforming under this section rests upon the person or persons, firm or corporation claiming legal status for a sign.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

Enforcement Responsibility. It shall be the duty of the director or the directors authorized representative to enforce the provisions of this chapter.

B.

Illegal and Abandoned Signs.

1.

Illegal Signs. Any sign which does not have a required permit or which otherwise violates applicable provisions of this chapter shall be deemed illegal. If the director determines a sign to be illegal, the director may order the property owner and/or sign owner to remove the sign or may require other actions to ensure compliance with this chapter. Further, in order to discourage the erection of signs without a permit, the director may require that such illegally erected signs be removed prior to review. If the director determines that such removal is not feasible, such illegal signs shall be subject to a tripled sign permit application fee in conjunction with sign review.

2.

Abandoned Signs. Any sign located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises present occupant or business, or which pertains to a time, event or purpose which no longer applies shall be deemed abandoned. Such signs shall be removed within ninety (90) days after the associated enterprise or occupant has vacated the premises or within ninety (90) days after the time, event or purpose which no longer applies has ended. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal per subsection E of this section.

C.

Unsafe Public Signs. Any sign deemed by the city to be a danger to the public under any applicable ordinance or other statute shall be repaired or altered to as to be deemed safe by the city or shall be removed pursuant to subsection E of this section.

D.

Expired Temporary and Semi-permanent Signs. A temporary or semi-permanent sign which remains posted beyond the time limits set out therefor in Sections 9.160.060(H) and 9.160.070(I) respectively shall be removed.

E.

Abatement and Removal of Signs.

1.

Abatement Procedures. Any illegal or abandoned sign may be deemed to be a public nuisance that poses an immediate danger to the health, safety and welfare of the community by creating an obstruction to circulation, including, but not limited to, vehicular and pedestrian. The owner of the sign shall be responsible and liable for the removal and disposition of the sign.

a.

Abatement. Upon discovering the existence of an illegal sign, the director shall have the authority to order the immediate abatement and removal thereof. The director shall notify the owner thereof, or the owner's representative, pursuant to Section 1.01.300 of this code. Such notice shall state the time limit, if any, granted for removal of the sign and the statement that the director shall remove the sign after the stated time, the procedure for retrieving a removed sign, and a statement that the owner may request a hearing to appeal the abatement and removal by submitting a written request. The amount of time stated for removal of a sign may be reduced or eliminated if the director determines that the illegal sign constitutes an immediate danger to the health, safety and welfare of the community or is a safety hazard.

b.

Hearings.

i.

Any sign removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within thirty (30) days after such removal and upon the payment of reasonable administrative fees. Such administrative fees shall be waived if, after a hearing to appeal has been requested, a determination is made at such hearing that the fees shall be waived. The administrative fees for the removal and storage of the sign shall be established or modified by resolution of the city council and shall include the actual cost of removal and storage of any sign plus the proportional share of administrative costs in connection therewith.

ii.

Any hearing to appeal an abatement order which is requested shall be conducted by the city manager in accordance with Chapter 2.08. The failure of either the owner or his or her agent to request a hearing shall waive the right to a hearing. At the hearing, the hearing officer shall determine whether good cause was shown for the abatement and removal of the sign. The decision of the hearing officer shall be deemed the final administrative determination. If good cause is shown for the abatement and removal of the sign, the owner or his/her agent shall have fifteen (15) days from the date of the hearing to retrieve his or her sign upon payment of the administrative fee. If good cause is not shown for the abatement and removal of the sign, the administrative fee shall be waived and the owner or his/her agent shall have fifteen (15) days to retrieve his or her sign.

c.

Disposition. Any sign not retrieved by its owner within thirty (30) days after delivering or mailing the abatement notice when such owner has not requested a hearing to appeal, or within thirty (30) days of storage of the sign by the city in all other cases, shall be deemed to be permanently abandoned and may be disposed of by the city.

F.

No City Liability. Neither the city nor any of its agents shall be liable for any damage to a sign which is removed under this section.

G.

Legal Action. In response to any violation of the provisions of this chapter, the city may elect to file a criminal complaint against the violator, issue a citation to the violator for an "infraction" pursuant to California Government Code Section 36900, or institute a civil action in a court of competent jurisdiction.

(Ord. 564 § 1, 2017; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

For the purposes of this chapter, words and phrases relating to signs shall be defined as follows:

"Abandoned sign" means a sign which is located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant or business, or a sign which pertains to a time, event or purpose which no longer applies.

"Accessory sign" means a sign whose copy refers to the products, facilities or services available on the premises.

"Advertising statuary" means an imitation or representation of a person or thing which is sculptured, molded, modeled or cast in any solid or plastic substance, material or fabric and used to identify or advertise a product or service.

"Advertising vehicles" means any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way which has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business. Public buses or taxis are exempt from this prohibition.

"Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are public service message center signs and flags.

"Attraction board" means a sign capable of supporting copy which is readily changeable without the use of tools, such as a theater marquee, and which refers to products, services or coming events on the premises.

"Banner" means a temporary sign made of light-weight fabric, plastic, or similar material hung either with or without frames.

"Billboard" means an off-premises sign with changing advertising copy or other changing copy.

"Building-mounted sign" means a sign affixed to a building, painted directly on a wall or erected against the wall of a building. Building-mounted signs include awning signs, fascia signs, mansard roof signs, wall signs, window signs, projecting signs and under-canopy signs.

"Bulletin board" means a board, kiosk or wall area on which are affixed personal notices, lost-and-found notices, business cards, and similar small informal notices referring to products, services, activities, or other items not offered on the same premises. The term "bulletin board" shall not include business identification signs or attraction boards.

"Business" means a commercial, office, institutional or industrial establishment.

"Canopy" means a fixed structure of any material and any length, projecting from and connected to a building and/or columns and posts from the ground, or supported by a frame extending from the building and/or posts from the ground.

"Construction sign" or "future facility construction sign" means a sign containing information pertaining to a future development on the site where the sign is located, including the name of the project, the developer, contractor, financing source, future occupant(s), and other information directly related to the development.

"Copy" or "sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated onto the face of a sign.

"Development" means, on land or in or under water: The placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes.

"Directional sign" means any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. Such a sign contains no advertising copy.

"Director" or "planning director" means the planning director for the city of La Quinta or the director's authorized agent or representative.

"Electronic message board sign" means a sign with a fixed or changing display composed of a series of lights, but does not include time and temperature displays.

"Exempt sign" means a sign which is designated in this code as not subject to certain regulations.

"Face of building wall" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts.

"Fascia" means a parapet-type wall used as part of the fascia of a flat-roofed building and projecting not more than six (6) feet from the building face immediately adjacent thereto. Such a wall shall enclose at least three (3) sides of the projecting flat roof and return to a parapet wall or the building.

"Flag" means a visual display device without copy, made of flexible material, usually cloth, paper or plastic.

"Flashing sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Excluded from the definition are public service message center signs.

"Freestanding sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs and ground signs.

"Garage sale sign" (i.e., yard sales, moving sales, patio sales) means a sign used to announce sale of a used item or items.

"Identification sign" or "ID sign" means a sign whose copy is limited to the name and address of a building, business, office, establishment, person or activity.

"Illumination" means the method by which a sign is lighted so as to be readable at night. The following types of illumination are provided for in this chapter:

1.

"Direct illumination" means the lighting of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face.

2.

"Indirect illumination" means the lighting of an opaque sign face from a light source mounted in front of the face, or the lighting of opaque sign copy (on an opaque sign face) via lights mounted into the copy and shining rearward onto the face to form a lighted "halo" around the copy (e.g., "reverse channel" letters).

"Landscaping" means any material used as a decorative feature, such as shrubbery or planting materials within planter boxes or concrete bases, used in conjunction with a sign which expresses the theme of the sign and related structure but does not contain advertising copy. All landscape areas shall be maintained in a healthy and viable condition for the life of the sign.

"Logo" means a trademark or symbol of an organization.

"Mansard roof sign" means any sign attached to or supported by a mansard roof. A "mansard roof" is a roof having two (2) slopes, the lower steeper than the upper, and having a slope of sixty (60) degrees or greater with the horizontal plane.

"Monument sign" means a freestanding sign mounted on a low-profile solid base or a fence, or a freestanding wall, as distinguished from support by poles.

"Multiple-building complex" means more than one (1) structure on a parcel of land housing commercial uses in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide an area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple-building complex may, but need not, include common ownership of the real property upon which the center is located, common-wall construction, and multiple-tenant commercial use of a single structure or structures in multiple buildings.

"Multiple-tenant (commercial) building" means a commercial development in which there exists a number of separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple-tenant commercial building may, but need not, include common ownership of the real property upon which the center is located, common-wall construction and multiple-occupant commercial use of a single structure.

"Neon sign" means a sign which utilizes neon or other gases within translucent tubing in or on any part of the sign structure.

"Off-premises sign" means a sign that incorporates a business name and/or advertises products or services that are located, sold, produced, or otherwise furnished elsewhere than on the premises on which the sign is located.

"On-premises sign" means a sign referring to a person, establishment, merchandise, service, event or entertainment which is located, sold, produced, manufactured, provided or furnished on the premises where the sign is located.

"Parapet wall" means a wall extending above the roof plane of the building.

"Permanent sign" means any sign which is intended to be and is so constructed as to be a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position and in a permanent manner affixed to the ground, wall or building, provided the sign is listed as a permanent sign in this chapter.

"Political campaign sign" or "political sign" means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election, referendum, initiative, or to the advocating by persons, groups or parties of political views or policies.

"Portable sign" or "mobile sign" means a sign made of any material, which, by its design, is readily movable and is equipped with wheels, casters or rollers or which is not permanently affixed to the ground, structure or building, or a sign upon a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a base or platform for the sign.

"Premises" means a parcel of land including its buildings or other appurtenances.

"Projecting sign" means any sign with two (2) parallel faces no more than eighteen (18) inches apart projecting twelve (12) inches or more from the wall or eaves of a building. No guy wires, braces or secondary supports are visible.

"Private property" means any property other than public property.

"Public property" means any real or personal property in which the city or any other governmental entity or any publicly regulated utility company possesses an ownership interest. Public property shall include, without limitation, any street, sidewalk, curb, curbstone, streetlamp post, hydrant, tree, tree stake or guard, railroad trestle, electric light, power, telephone or telegraph wire, pole or appurtenance thereof, any fixture of a fire alarm or police telephone or telegraph system, any lighting system, public bridge or wall, drinking fountain, life buoy, life preserver, lifesaving equipment, street, sign, traffic sign or signal, street median, public park or other publicly owned property or structure.

"Public service message center sign" means an electronically or electrically controlled sign or portion of a larger sign which conveys only information such as time, date, temperature, atmospheric condition or general news information where different alternating copy changes are shown on the same lamp bank matrix.

"Real estate sign" means a sign advertising the sale, lease or rent of the property upon which it is located and the identification of the person or firm handling such sale, lease or rent.

"Roof sign" means any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building.

"Seasonal sales sign" means a sign used to advertise a business or merchandise held seasonally for a limited interval, all or most of whose business is conducted or whose merchandise is displayed in an outdoor area.

"Sign" means any medium for visual communication, including, but not limited to, words, symbols and illustrations, together with all parts, materials, frame and background, which is used or intended to be used to attract attention to, identify or advertise an establishment, product, service, activity or location, or to provide information.

"Sign area" means the following:

1.

Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including nonstructural perimeter trim but excluding structures or uprights on which the sign is supported.

2.

Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following.

3.

Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters.

4.

Double-Faced Signs. If a sign is double-faced with only one (1) face visible from any ground position at one (1) time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is twenty (20) square feet, a double-faced sign may have an area of twenty (20) square feet per face.

5.

Three (3)-Dimensional Signs. If a sign has three (3) or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has four (4) faces and the maximum permitted sign area is twenty (20) square feet, the maximum allowable area for each face is only five (5) square feet.

6.

Separated-Panel Signs. The sign area of open or separated panel signs, i.e., those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels.

"Sign face" means the exterior surface of a sign exclusive of structural supports, on which is placed the sign copy.

"Sign height," "height of sign," or "height" means the following:

1.

For building-mounted signs, the distance from the average finish grade directly beneath the sign to the top of the sign.

2.

For freestanding signs, the distance from top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, in cases where the director determines that a freestanding sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign.

"Sign permit" means an entitlement from the city to place or erect a sign.

"Sign program" means the method of review and approval of signs by one (1) of the following two (2) procedures:

1.

Standard Sign Application. The review and approval of standard sign applications is conducted by the planning director consistent with the regulations and standards as identified for various signs in this chapter.

2.

Planned Sign Program. The review and approval of applications for signs under this program is conducted by the decision-making authority. The decision-making authority may exercise discretion to provide additional flexibility in the application of the regulations of this chapter.

"Sign structure" means the structural supports, uprights and bracing for a sign.

"Special event sign" means a sign used to announce a circus, carnival, festivals or other similar events.

"Subdivision sign" means a sign containing the name, location or directions to a builder, developer, and pertinent information about a subdivision for which there is a properly approved and recorded map and in which homes remain to be constructed or initially sold.

"Under-canopy sign" means a sign suspended beneath a projecting canopy, walkway cover, awning, ceiling or marquee.

"Wall sign" means a sign attached to, erected on, painted on or otherwise affixed to the exterior wall of a building or structure in such a manner that the face of the sign is approximately parallel to the exterior wall of the building and exposed to the exterior side of the building. Signs or advertising displays in or on windows are not considered wall signs.

"Window sign" means any sign painted on or attached to a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located.

(Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 506 § 1, 2013; Ord. 284 § 1, 1996)