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Ordinance - 1950I✓" ORDINANCE NO. 1950 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE WEST COVINA MUNICIPAL CODE, CHAPTER 26 (ZONING), AS IT RELATES TO PROMOTIONAL EVENTS AND SIGNAGE (AMENDMENT NO. 259). WHEREAS, the Zoning Code regulates signage for residential and non- residential property within the City; and WHEREAS, changes in marketing and the economy necessitate the review of promotional event and signage regulations; and WHEREAS, in December, 1993, the City Council of the City of West Covina directed the Planning Department to expedite a portion of the Sign Code rewrite relating to promotional events and signage; and WHEREAS, at their meeting on January 17, 1994, the Chamber of Commerce Ordinance and Project Review Committee reviewed and commented on considered Code changes; an WHEREAS, at their meeting on February 8, 1994, the Planning Commission reviewed and commented on considered Code changes and adopted Planning Commission Resolution No. 2-94-4205 to initiate the procedure for Code Amendment No. 259; and WHEREAS, Planning Department staff met with and received comments from two focus groups that were formed, with the assistance of the West Covina Chamber of Commerce, to provide input on subject Code amendment; and WHEREAS, Planning Department staff conducted field studies and a survey of other cities' ordinances relative to promotional events and signage; and WHEREAS, at their meeting on August 5, 1994, the Chamber of Commerce Ordinance . and Project Review Committee reviewed and commented on a revised outline of proposed Code changes; and WHEREAS, at their meeting on October 11, 1994, the Planning Commission held a study session to discuss the proposed changes to the Code and received input by local business people; and J WHEREAS, the Planning Commission, did on the 25th day of October, 1994, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, on October 25, 1994, the Planning Commission adopted Resolution No. 10-94-4256, recommending that the City Council approve Code Amendment No. 259; and WHEREAS, the City Council of the City of West Covina considered evidence presented by the Planning Department, Planning Commission, and other interested parties at a duly advertised public hearing on the 15th day of November, 1994; and WHEREAS, the City Council continued the public hearing to the meeting of December 6, 1994, in order for minor modifications to the text of the amendment at which time they received additional evidence and testimony; and 0970-94/C:CC/A:jc/PROMOCC.ORD/jf/srg Ordinance No. Code Amendment No. 259 Promotional Events and Signage December 20, 1994 - Page 2 WHEREAS, the oral and documentary evidence considered in connection with the code amendment reveal the following facts: 1. The provisions contained in Code Amendment No. 259 will result in an ordinance that can better respond to the needs of all businesses by providing reasonable and equitable regulations for promotional events and signage without compromising the image and appearance of the City or adversely impacting nearby residents. 2. By defining and establishing time limits for "minor" and "major" promotional events, and regulating promotional signage according to the type of promotional event, Zoning Code regulations will be less confusing and time lines for events and signage will coincide with one another. 3. A special event permit procedure will provide a means for expedited, over the counter review of minor promotional events and certain types of signage. 4. Changes in provisions for promotional events and signage will result in expanded opportunities for promotional events for all businesses and increased flexibility in the scheduling of such events. 5. Changes in regulations for banners will expand the ability of a business to utilize banners for promotional events, eliminate time restrictions for banners displayed by uses with outdoor display, establish appearance and maintenance standards, permit the display of vertical banners, and provide a means for consideration of alternative locations for banner placement. 6. Provisions for promotional signage for multiple -family residential developments, as established in the former urgency ordinance, will permit the display of banners, flags and/or pennants subject to obtaining a special event permit. 7. A definition of "inflatable signs" will refer to either roof -mounted or ground - mounted inflated balloons or statuary in spherical and custom shapes. Opportunities to display inflatable signs will be expanded to include major promotional events at commercial centers, in addition to uses with designated outdoor display. 8. Opportunities for balloon displays will also be expanded to include major promotional events at commercial centers, in addition to uses with designated outdoor display. Increased height limits for balloon displays by uses with designated outdoor display will improve visibility from the freeway. 9. An increase in allowable window signage will provide additional signage opportunities to businesses during a promotional event. 10. There is a need to establish provisions for human signs in the Zoning Code to provide regulation in the interest of public safety. 11. Provisions for searchlights, which are currently not addressed in the Code, will permit the use of searchlights in conjunction with a major promotional event. 12. Reasonable standards to control the proliferation of flags and the abuse of flags as attention getting devices are necessary to maintain the appearance of the City and prevent adverse impacts on nearby residents. 0970-94/C:CC/A:jc/PROMOCC.ORD/jf/srg Ordinance No. 1950 Code Amendment No. 259 Promotional Events and Signage December 20, 1994 - Page 3 13. There is a need to establish provisions for portable signs to regulate time periods, location and size of signs. 14. The display of small signs and promotional devices on cars at uses with designated outdoor display will provide increased signage opportunities during a major promotional event. 15. Provisions have been made to provide additional opportunities for commercial businesses to display banners during the current slow economy by allowing all businesses to continuously display banners. This provision will terminate on June 30, 1996, at which time the provides additional standards for banners that survive beyond that date. NOW, THEREFORE, the City Council of the City of West Covina does ordain as follows: SECTION NO. 1: Based on the evidence presented and findings set forth, the City Council of the City of West Covina adopts Exhibit A of Code Amendment No. 259 attached hereto and included by reference. SECTION NO. 2: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION NO. 3: This ordinance shall be effective thirty (30) days from the date of adoption. SECTION NO. 4: This project, which consists of minor alterations in land use limitations which do not result in changes in land use or density, is a Categorical Exemption pursuant to Section 15305 (Class 5) of the California Environmental Quality Act (CEQA) and no Environmental Impact Report is required. SECTION NO. 5: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 20th day of December, 1994. Mayor 0 ATTEST: W1. City Clerk 0970-94/C:CC/A:jc/PROMOCC.ORD/jf/srg 0 0 Ordinance No. 1950 Code Amendment No. 259 Promotional Events and Signage December 20, 1994 - Page 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1950 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 6th day of December, 1994. That, thereafter said ordinance was duly adopted and passed at a regular meeting of the City Council on the 20th day of December, 1994 by the following vote to wit: AYES: Manners, Touhey, Wong, Herfert, McFadden NOES: None ABSENT: None APPROVED AS TO FORM: (CQIA O Da'ly V. r ; City Attorney 0970-94/C:CC/A:jc/PROMOCC.ORD/jf/srg Clerk - City EXHIBIT A ARTICLE II. DEFINITIONS Sec. 26-23.3. Balloon display. "Balloon display" means or is an arrangement of one or more balloons which are individually less than 36 inches in any dimension and inflated with helium or other hot or cold air or gas, that is tethered at a fixed location and is primarily intended to draw attention. Sec. 26-23.5. Banner. "Banner" means or is any sign made of cloth, heavy duty plastic, or similar lightweight, flexible material (except paper), attached to or pinned from any structure, building, staff, pole, line, framing or other object, and used for temporary advertising purposes. This does not include "flags" which is defined in Sec. 26-53.5. Sec. 26-53.5. Flag. "Flag" means or is any fabric, banner, or bunting containing distinctive colors, patterns, or symbols of a government, governmental agency, political subdivision, or other entity. Sec. 26-61.9. Grand opening event. "Grand opening event" means or is a promotional event held for the purpose of advertising the original opening of a business, a reopening after closure, change in business name, or change in ownership. Sec. 26-69.5. Human sign. "Human sign" means or is a person or persons acting in a manner to attract attention to an area, development, or service, in a manner similar to a sign, utilizing signs, devices, props, or costumes. Sec. 26-70.5. Inflatable sign. "Inflatable sign" means or is an inflated balloon or statuary, in the form of any character, animal, or shape and over 36 inches in diameter in any dimension, made of vinyl, fabric, cloth, or other similar, lightweight, flexible material, held up by means of cold air, and primarily intended to draw attention. Sec. 26-92.30. Pennant. "Pennant" means or is any lightweight plastic, paper, fabric, or other similar, flexible material, which may or may not contain any copy, suspended from or attached to a rope, wire, string, or pole, usually in a series, designed to move in the wind and is primarily intended to draw attention. Sec. 26-92.33. Portable sign. "Portable sign" means or is a temporary sign which is not permanently affixed to a building, structure, or the�ground, and is capable of being carried or readily moved from one location to another. This may include, but is not limited to, "A" frame or sandwich signs, or a sign which leans on a stationary object, building, or structure. This definition does not apply to banners, flags, and inflatable, vehicle, and hand held picket signs. 0971-94/C:CC/PROMO.REV/jf/srg/1-24-95 1 ARTICLE VII. SIGNS DIVISION 2. NONRESIDENTIAL OTHER THAN PAR ZONE Sec. 26-304. Motion. No sign visible from a public parking area or street shall be constructed or maintained to flash, rotate, or in any way simulate motion, except that barber poles shall be permitted to rotate at a speed not to exceed eight (8) revolutions per minute, and tethered balloons, balloon displays, flags, pennants, and human signs shall be permitted as provided in this article. Sec. 26-314. Window Signs. (a) Signs located within two and one-half (2 1 \2) feet of the window surface shall be considered window signs and shall be calculated as part of the allowable window signage in sections 26-322, 26-323, 26-335, 26-336.1, 26-336.2, 26- 336.3, and 26-356. Sec. 26-315. Signs. requiring Planning Director's approval. (a) Signs requiring planning director approval pursuant to provisions in this article shall comply with the following procedures: (1) The applicant shall submit three (3) copies of a site plan, building elevations (showing the proposed location of the sign), and sign plans to the planning department. a. Information and materials including, but not limited to sign details, colors, materials, letter style, sign structure, and method of illumination shall be submitted with said plans. (2) Said plans shall be accompanied with a filing fee as determined by the City Council. (3) The planning director or designee shall review the plans for conformance with this article and any other applicable sections of the municipal code. (4) Upon receiving a complete submittal of information, the planning director or designee shall notify the applicant in writing of any required modifications or shall approve or deny said plans. (5) The decision of the planning director or designee shall become final and effective five (5) calendar days after the date a decision is rendered unless an appeal, in writing, is filed with the Planning Commission, as set forth in section 26- 212 of this Chapter. Sec. 26-334.3. Flags. (a) Flags of a government (except the United States or State of California), governmental agency, public institution, nonprofit agency, or similar entity, or a corporate business logo shall be permitted. subject to the following provisions: (1) Flags may be mounted on a flagpole or flat against the wall of a building. (2) Flags.mounted against the wall of a building shall not extend above the parapet wall or roof eave of the building. 0971-94/C: CC/PROMO. REV/jf/srg/1-24-95 2 (3) Flags with commercial messages other than corporate logos are prohibited. (4) Flags shall .not exceed a maximum size of eight (8) feet (vertical dimension) and twelve (12) feet (horizontal dimension. level. (5) No flag shall overhang any property line or public street right-of-way. (6) Flagpoles shall comply with setback requirements of the underlying zone. (7) Flagpoles shall not exceed a maximum height of 50 feet above ground (8) A maximum of three (3) flags permitted per flagpole. (9) A maximum of three (3) flagpoles permitted per lot or development. (10) The planning director shall review and approved plans for the display of flags as set forth in Section 26-315. Sec. 26-334.5. Human signs. (a) Human signs shall not impede traffic or pedestrian circulation, or obstruct visibility in parking areas, driveways, and on public streets. Sec. 26-334.7. Portable signs. (a) One (1) portable sign shall be permitted per business for a period not to exceed a total of 30 days per calendar year. (b) Said sign shall not exceed a maximum size of eight (8) square feet and a maximum height of four (4) feet. (c) Such signs shall be placed on the property in which the business is located and shall not obstruct any sidewalk, driveway or parking area, or encroach upon or overhang adjacent properties or the public street right-of-way. (d) A special event permit, as established in section 26-614, shall be obtained prior to the display of any portable sign. Sec. 26-336. Promotional signs --banners, pennants, and balloon displays; uses with designated outdoor display on approved precise plans. (a) The following promotional signs shall be permitted throughout the year for uses with outdoor display on approved precise plans subject to the following conditions: (1) Wall -mounted banners a. One banner per street frontage. b. Cumulative square footage of all banners shall not exceed a maximum of 100 square feet. C. Banners shall be mounted flat against the exterior wall of the building. 0971-94/C: CC/PROMO. REV/jf/srg/1-24-95 3 i. Requests to display banners in locations other than on building wall surfaces may be approved in advance by the Planning Director, for a period not to exceed 30 days per calendar year, if not in conjunction with a major promotional event. d. Banner color shall be consistent with or complimentary to the color and/or design of the building or shall exhibit the corporate color(s) of the business or product. No fluorescent colors shall be permitted. e. Banners shall be maintained in good condition. Torn, faded, sagging or detached banners shall be repaired or replaced. f. A special event permit, as established in section 26-614, shall be obtained prior to display of any banner. (2) Balloon displays a. Balloon displays, consisting of non-metallic balloons less than 36 inches in any dimension, shall not exceed a maximum height of 60 feet above ground level. b. Damaged or deflated balloon displays shall be promptly repaired, replaced or removed from the premises. C. No permit required. (3) Pennants a. Pennants, no larger than three (3) feet, by four (4) feet, may be mounted on flagpoles attached to parking lot light standards or fences (but not attached to buildings), spaced no closer than forty (40) feet on center. b. No permit required. (b) Promotional signs and displays shall not obstruct visibility for vehicles and pedestrians and shall not encroach upon or overhang a public right-of-way or an adjacent property. Sec. 26-336.1. Promotional signs --major promotional event; uses with designated outdoor display on approved precise plans. (a) In addition to banners, balloon displays, and pennants, as set forth in Section 26-336, the following temporary promotional signs shall be allowed in conjunction with a major promotional event for uses with designated outdoor display on approved precise plans, as set forth below: (1) Vertical banners a. A maximum of two (2) vertical banners shall be permitted per 0 parking lot light standard located on the subject site. b. Banners shall not exceed a maximum size of three (3) feet (horizontal dimension) and eight (8) feet (vertical dimension). 0971-94/C:CC/PROMO.REV/jf/srg/1-24-95 4 6V C. Banners shall maintain a minimum vertical clearance of fourteen and one-half (14 1 /2) feet above the ground level directly beneath the banner in customer parking areas and a minimum of eight (8) feet above ground level directly beneath the banner in areas designated for display. (2) Inflatable signs a. One (1) inflatable sign, in a spherical or custom shape, may be mounted flush against the roof of a building or on the ground. i. Roof -mounted inflatable signs shall not exceed a maximum height of 30 feet above the peak of the roof and a width of 40 feet or the width of the building, whichever is less. ii. Ground -mounted inflatable. signs shall not exceed a maximum height of 30 feet above ground level and a width of 40 feet. iii. Inflatable signs shall not be helium -filled or lighter than air. (3) Signs and promotional devices on cars. a. Signs placed on individual cars shall not exceed six (6) square feet. b. Individually strung balloons (less than 36 inches in diameter) may be tied to car antennas. (4) Window signs a. The amount of allowable window signage, as permitted in sections 26-322 and 26-335, may be increased during a promotional event as set forth below: Building/store Window area Maximum sign frontage (lineal ft.) for signage area (sq. ft.) 20 or less 50% 100 21 to 30 45% 125 31 + 40% 150 (5) Attention attracting devices not specifically listed in this article, such as searchlights, pennants and streamers may be permitted at the discretion of the planning director. (b) Promotional signs and displays shall not obstruct visibility for vehicles and pedestrians and shall not encroach upon or overhang a public right-of-way or an adjacent property. (c) Promotional signs, as set forth in this section, shall be reviewed and approved as a part of the temporary use permit for the promotional event. (d) No sign permit required for signs permitted pursuant to this section. 0971-94/C: CC/PROMO. REV/f/srg/1-24-95 5 Sec. 26-336.2.. Promotional signs --major promotional event; commercial center and business on its own site (not in P-B, O-S and I-P zone). (a) The outdoor display and sale of merchandise and temporary signs relating thereto during a major promotional event, as permitted under Section 26-609 and requiring a temporary use permit, may be permitted for any commercial center and a business on its own site (not in P-B, 0-$ and I-P zones) as set forth below: (1) Banners a. One banner per street frontage. b. Wall -mounted banners shall not exceed one (1) square foot for every lineal foot of building frontage or 60 square feet, whichever is less. C. Banners displayed in locations other than against the building wall shall not exceed 50 square feet. d. Banners shall be maintained in good condition. Torn, faded, sagging or detached banners shall be repaired or replaced. e. Banner color shall be consistent with or complimentary to the color and/or design of the building or shall exhibit the corporate colors of the business or product. No fluorescent colors shall be permitted. f. In addition to wall -mounted or freestanding banners, vertical banners may be mounted on parking lot light standards located on the subject site. i. A maximum of two (2) vertical banners shall be permitted per light standard. ii. Banners shall not exceed a maximum size of three (3) feet (horizontal dimension) and eight (8) feet (vertical dimension). iii. Banners shall maintain a minimum vertical clearance of fourteen and one-half (14 1 /2) feet above the ground level directly beneath the banner. (2) Inflatable signs a. One (1) inflatable sign, in a spherical or custom shape, may be mounted flush against the roof of a building or on the ground. i. Roof -mounted inflatable signs shall not exceed a maximum height of 30 feet above the peak of the roof and a width of 40 feet or the width of the building, whichever is less. ii. Ground -mounted inflatable signs shall not exceed a maximum height of 30 feet above ground level and a width of 40 feet. iii. Inflatable signs shall not be helium -filled or lighter than air. 0971-94/C:CC/PROMO.REV/jf/srg/1-24-95 6 (3) Balloon displays a. Balloon displays, consisting of non-metallic, balloons not exceeding 36 inches in any dimension, shall not exceed a height of 35 feet above ground level. b. Damaged or deflated balloon displays shall be promptly 0 repaired, replaced or removed from the premises. (4) Window signs a. The amount of allowable window signage, as permitted in sections 26-322 and 26-335, may be increased during a promotional event as set forth below: Building/store Window area Maximum sign frontage (lineal ft.) for signage area (sq. ft.) 20 or less 50% 100 21 to 30 45% 125 31 + 40% 150 (5) Attention attracting devices not specifically listed in this article, such as searchlights, pennants, and streamers may be permitted at the discretion of the planning director. (b) Promotional signs and displays shall not obstruct visibility for vehicles and pedestrians and shall not encroach upon or overhang a public right-of- way or an adjacent property. (c) Promotional signs, as set forth in this section, shall be reviewed and approved as a part of the temporary use permit for the promotional event. (d) No sign permit required for signs permitted pursuant to this section. Sec. 26-336.3. Promotional signs --minor promotional event; commercial business (not in P-B, O-S and I-P zone). (a) Except in P-B, 0-S or I-P zones, the outdoor display and sale of merchandise and temporary signs relating thereto during a minor promotional event, as permitted under. Section 26-614.1 and requiring a special event permit, may be permitted for a commercial business as set forth below: (1) Banners a. One (1) wall -mounted banner with a maximum size of one (1) square foot for every lineal foot of building frontage, or 60 square feet, whichever is less shall be permitted per business. b. Banners shall be maintained in good condition. Torn, faded, sagging or detached banners shall be repaired or replaced. C. Banner color shall be consistent with or complimentary to the color and/or design of the building or shall exhibit the corporate colors of the business or product. No fluorescent colors shall be permitted. 0971-94/C:CC/PROMO.REV/jf/srg/1-24-95 7 (2) Balloons a. Non-metallic balloons, not exceeding 36 inches in any dimension, may be attached to merchandise displays or attached to the exterior of the building provided the balloons not extend above the roof line of the building or beyond the lease boundaries of the business. (3) Window signs a. The amount of allowable window signage, as permitted in sections 26-322 and 26-335, may be increased during a promotional event as set forth below: Building/store Window area Maximum sign frontage (lineal ft.) for signage area (sq. ft.) 20 or less 50% 100 21 to 30 45% 125 31 + 40% 150 (4) Attention attracting devices not specifically listed in this article, such as pennants and streamers may be permitted at, the discretion of the planning director. (b) Promotional signs and displays shall not obstruct visibility for vehicles and pedestrians and shall not encroach upon or overhang a public right-of- way or an adjacent property. (c) Promotional signs, as set forth in this section, shall be reviewed and approved as a part of the special event permit for the promotional event. (d) No sign permit required for signs permitted pursuant to this section. Sec. 26-339. Banners; commercial businesses (not in P-B, O-S and I-P zone). (a) Except as otherwise specifically provided in this chapter, banners may be placed on the outside of commercial buildings subject to the approval of a special use permit, as established in Section 26-614, subject to the following provisions: (1) One (1) wall -mounted banner with a maximum size of one (1) square foot for every lineal foot of building frontage, or 100 square feet, whichever is less shall be permitted per business. (2) Banners shall be mounted flat against the exterior wall of the building. (3) Banners shall be maintained in good condition. Torn, faded, sagging or detached banners shall be repaired or replaced. (4) Banner color shall be consistent with or complimentary to the color and/or design of the building or shall exhibit the corporate colors of the business or product. No fluorescent colors shall be permitted. (b) Pennants, no longer than three (3) feet, by four (4) feet, mounted on flagpoles attached to parking lot light standards or fences (but not attached to buildings), spaced no closer than forty (40) feet on center, shall be allowed for a business located on a seventy-five thousand (75,000) square foot or larger site, that has an approved precise plan designating a minimum of four thousand (4,000) 0971-94/C: CC/PROMO. REV/jf/srg/1-24-95 8 J t 0 square feet of the site for "outdoor display" area as allowed under the provisions of section 26-597 of this chapter, and a minimum of twenty five thousand (25,000) square feet of vehicular storage, or parking area. (c) This section shall be in effect until June 30, 1996 at which time it shall terminate. DIVISION 4. RESIDENTIAL Sec. 26-372.5. Promotional signs (MF-8, MF-15, MF-20 and MF-45 zones). (a) In MF-8, MF-15, MF-20 and MF-45 zones, promotional signs, for the purpose of advertising the lease or rental of available dwelling units, shall be permitted subject to the following provisions: (1) Banners a. One (1) banner per street frontage. b. The banner(s) shall be attached flat against a building, facing the abutting street right-of-way. The banner(s) must be located below the top of a parapet wall or below the roof eave of the building. C. The copy on the banner(s) shall be limited to the name of the owner or leasing agency, the agency logo, telephone number, and phrases "for lease, rent, now available" or other similar messages. d. Banner color shall be consistent with or complimentary to the color and/or design of the building or shall exhibit the corporate color(s) of the business. No fluorescent colors shall be permitted. e. The maximum banner size shall be 3 feet by 15 feet. f. The banner(s) shall be maintained in good condition. Torn, faded, sagging, or detached banners shall be repaired or replaced. (2) Flags or pennants a. Flags/pennants shall be permitted on a pole not to exceed fifteen (15) feet in height. Flags/pennants shall not be attached to any building, fence or structure. b. No more than one flag/pennant shall be permitted for each forty (40) linear feet of street frontage. C. The size of flags/pennants shall not exceed two (2) feet by three and one-half (31/2) feet. d. Flags/pennants shall not include more than three (3) colors on any given parcel. e. Flag/pennant stiffeners shall not be permitted. 0971-94/C: CC/PROMO. REV/jf/srg/1-24-95 9 f. Flags/pennants shall be maintained in good condition. Torn, faded, sagging, or detached flags/pennants shall be repaired or replaced. (b) A special event permit, as established in section 26-614, shall be obtained prior to the display or change of any promotional signs permitted in this section. ARTICLE XI. NONRESIDENTIAL USES Sec. 26-602. Temporary uses --Temporary use permit required. No temporary use provided for in this section shall be permitted, commenced or engaged in, however, until a written permit therefor has been obtained from the planning director. A temporary use permit committee consisting of the license collector, city engineer, risk manager, chief of police and fire chief, or their respective deputies or assistants when so authorized, shall review applications for a temporary use permit and shall make recommendations to the planning director including any conditions of approval. Any applicant may appeal the action or decision of the planning director to the city council within fifteen (15) days after such action or decision in which case the city council shall have the power of denying or granting such permit and setting forth any applicable conditions relating thereto. Any such permit shall be void unless such conditions are complied with. The planning director shall make a decision within fifteen (15) days after acceptance of a written application as complete. To approve the application, the planning director or council shall find that the site is adequate to accommodate such use and that such proposed use, under the conditions imposed, will not have a substantial adverse effect upon the use or enjoyment of property in the neighborhood of the proposed use or upon the public safety, health or general welfare. No formal public hearings need be conducted nor any notice given except to the applicant in connection with the granting or denial of such permit. Sec. 26-609. Temporary uses --Major Promotional event; commercial center and a business on its own site (not in P-B, O-S and I-P zones). (a) Major promotional event shall mean an outdoor or grand opening event where outdoor display, sale or dispensing of merchandise or food, temporary signs, and/or activities relating thereto, conducted wholly on private property, may encroach into any driveway, parking or landscape areas. (b) A major promotional event may be permitted for a commercial center (not in P-B, O-S and I-P zones) or a business on its own site subject to the following conditions: (1) No more than two (2) such events shall be permitted in any calendar year. (2) No such event shall be permitted to start within fourteen (14) days of the end of the previous such event. (3) No more than a total of twenty (20) days shall be permitted for such events in any calendar year. (4) Grand opening events shall be held within six (6) months of the original opening of the business or the effective date of.the business name change. (5) Events held by commercial centers shall be centerwide. 0971-94/C: CC/PROMO. REV/jf/srg/1-24-95 10 0 w (6) Temporary promotional signage may be permitted as set forth in Section 26-336.2. (7) Such other conditions as deemed by the planning director to be necessary and reasonably relate to the provision of adequate parking, access for public safety personnel, security, and maintenance of the health, safety, and general welfare of the community. (c) The fee for the permit shall be paid as established by a resolution of the city council. Sec. 26-609.5. Temporary uses --Major Promotional event; uses with designated outdoor display areas on approved precise plans. (a) The outdoor display, sale or dispensing of merchandise or food, Temporary signs, and/or activities relating thereto, during major promotional events (see definition in Section 26-609) conducted wholly on private property, may be permitted for a business located on a seventy-five thousand (75,000) square foot or larger site that has an approved precise plan designating a minimum of four thousand (4,000) square feet of the site for "outdoor display" area, as allowed under the provisions of section 26-597 of this chapter, subject to the following conditions: (1) Events are permitted 64 days per calendar year, with a maximum of 14 days per event. a. The planning director may limit the duration of certain events that are determined to have a potential adverse impact on surrounding areas. These events may include, but are not limited to catered events and events with outdoor amusement or live entertainment. (2) No such event shall be permitted to start within fourteen (14) days of the end of the previous such event. (3) Grand opening events shall be held within six (6) months of the original opening of the business, a reopening after closure, change in ownership, or the effective date of the business name change. (4) Temporary promotional signage may be permitted as set forth in Section 26-336.1. (5) Such other conditions as deemed by the planning director to be necessary and reasonably relate to the provision of adequate parking, access for public safety personnel, security, and minimization of potential adverse impacts on surrounding areas. .(b) The fee for the permit shall be paid as established by a resolution of the city council. Sec. 26-614. Special event --Special event permit required. (a) No special event, as established under this section, and/or promotional signs as required under Article VII Signs shall be permitted, commenced or installed until the business owner, property owner, or property manager obtains a special event permit from the planning department. An application for a special event permit shall be filed with the planning department on the forms prescribed by the 0971-94/C:CC/PROMO.REV/jf/srg/1-24-95 11 planning department. The application shall be accompanied by a fee established by the city council. The planning director or designee shall review said application for compliance with applicable provisions of the municipal code and shall make a recommendation to modify, approve or deny said application. Upon receipt of a complete application, it is the intent of the City to approve or deny said application within one (1) working day. Approval of said application may be subject to conditions of approval that may be determined necessary to protect the health, safety, general welfare, and aesthetics of the community. The decision of the planning director or designee shall become final and effective five (5) calendar days after the date a written decision is rendered unless an appeal, in writing, is filed with the Planning Commission. Sec. 26-614.1. Special event --Minor promotional event; commercial business (not in the P-B, O-S and I-P zones). (a) Minor promotional events are short term promotional or grand opening events held by an individual commercial business where goods and/or promotional signs may be displayed on. the outside of the building, but which does not encroach into any driveway, parking or landscape areas. This may include special sales events and sidewalk sales and does not apply to uses with outdoor designated outdoor display areas or commercial/retail centers. (b) A special event permit shall be granted for a minor promotional event subject to the following conditions: (1) No more than 12 events, with a maximum of 36 days, shall be permitted per calendar year. (2) Grand opening events shall be held within six (6) months of the original opening of the business or the effective date of the business name change. (3) Temporary promotional signage may be permitted as set forth in Section 26-336.3. (4) Such other conditions as deemed by the planning director to be necessary and reasonably relate to reducing potential adverse impacts on surrounding areas. 0971-94/C: CC/PROMO. REV/jf/srg/1-24-95 12