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CITY OF PALM DESERT
DEPAR'IIENP OF COM-NITY DEVELOFM T
STAFF REPOT
TO: Planning Commission
DATE: September 5, 1989
CASE NO: ZOA 89-1
REQUEST: Approval of amendments to the sign ordinance, Section 68, as it
applies to signs and awnings.
APPLICANT: City of Palm Desert
I. BACKGROUND:
Early in 1989 city council created a subcommittee oomprised of two
architectural commission members and two city council members. This
subcommittee met several times and proposed a series of wide ranging
amendments. April 18, 1989 staff presented a report to commission
outlining proposed changes to the sign ordinance. At that time the
Chamber of Co T erce requested a continuance to allow it to review the
matter with members.
The chamber submitted its report and met with the subo mTmttee. Some
areas of agreement were found and some areas of disagreement. In
addition, the city attorney's office has submitted a report outlining the
legal impacts the proposed amerxfients would create.
This report will attempt to explain the position of each of the parties
(i.e. council subcommittee, staff, chamber, city attorney).
II. GENERALIZED SUMMARY:
Prior to delineating the specific changes it may be helpful to understand
the basic positions of the various groups.
A. CITY COON= S[ 1ITTEE:
Scme members of the city council had expressed disappointment with
some of the recently approved signs in the city. Discussions between
mil members and the architectural commission members ensued with
the determination that the offending signs were not prohibited and,
therefore, ARC had no alternative other than to approve them. The
result was the creation of the subcommittee.
The subcommittee established a wide ranging list of proposed charges.
Some of the more substantial proposed changes were:
STAFF REPORT
ZO4 89-1
SEMU43M 5, 1989
1. Elimination of any future mansard mounted signs.
2. Reduce overall height of freestanding signs from 10 feet to 6
feet.
3. Future freestanding signs to provide only the identification of
center identification or a single business on its own separate
property. The intent being to eliminate the menus identifying
all the businesses in a center or three or four center
businesses.
4. Limit signs and sign programs to no more than three colors which
minimize excessive contrast.
5. Reduce light intensity to maximum 430 milliamps versus the
typical 800 milliamps.
6. Restrict awnings and signs thereon.
7. Limit lottery signs.
8. Limit or prohibit the use of exposed neon.
B. STAFF:
During the subcemnittee discussions staff suggested some technical
changes to definitions and other minor charges.
C. CITY ATTORNEY:
The city attorney wants the city council/planning commission to know
that to the extent that amendments require the alteration or
abatement of existing legal signs, state law requires the city to pay
the owners the present cost of the sign. Also, if the amendments
effect existing signs, the city is required to provide for an
inventory, identification and abatement of pre-existing illegal or
abandoned signs.
Staff's intent was to write the amendments so as to be prospective
(i.e. applying only to new sign requests in the future). Charges to
any existing signs would have to oonform to the new regulations and
the provisions of Section 25.68.640 would continue to apply to lawful
nonconforming signs.
The city attorney also indicated that some of the changes could be
enacted by policy changes of the ARC. Where possible staff will
attempt to use this method in order to limit the number of changes.
C. BUSINESS OM43NITY SIGN TASK FORCE:
The task force submitted a 21 page report in response to the proposed
amendments outlined in the April 18, 1989 report.
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ZOA 89-1
SEPTU�EER 5, 1989
Some of the changes proposed by the task force were:
1. Addition of several "definitions" as provided by the sign
industry to make the city's definitions oansistent with those
used in other cities and the sign industry.
2. Suggest increase in ARC meTbership from six to seven.
3. ARC membership to include personnel experienced with color
coordination, design signage and visual merchandising,
architects, and a business/czacaunity representative.
4. Abate illegal signs under provisions of State Code Section 5497.
5. Retain the existing limits on freestanding signs (i.e. ten feet
high and allow multiple businesses to be identified).
6. Retain current language controlling the number of colors in
signs and sign programs.
7. Increase size of trade construction signs to maximan of 64
square feet.
8. Prefer not to establish specific guidelines for awnings but
rather review each through ARC on individual basis on own
merits.
9. Provide new, more specific language for sign maintenance.
10. Continue to allow neon signs reviewed on a sign by sign basis by
ARC.
III. SPECIFIC PROPOSED CHANGES:
Staff and the suboamuttee had suggested the following definition changes:
SECPIM 25.68.020.
J. "Freestanding sign" means a sign supported by up-right pedestals or
braces placed upon or into the ground and detached from any building.
T. "Roof sign" means a sign affixed on, above, or over the roof of any
building, or any sign affixed to the wall of a building so that it
projects above the eave line of a roof. 'flee-teg-ef- e-Terepet-wall
The lowest point of a mansard
style roof shall be oonsidered the eave line. Where-e-gartaget-we}1
ie-eatip,ad the- Save-AM-Shall-be-th---tap-Of
the-par-apet.
X. "Wall sign" 'means a sign attached to or erected on the exterior wall
of the building or structure or on a canopy marquee or similar
overhang with the exposed face of the sign in a plane approximately
parallel to the plane of the exterior wall and not extending above
the eave line. The-tap-of--a-parapet-*si3--Sh&171--be-eee5idered--the
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STAFF REPORT
ZQA 89-1
SEPIE24MR 5, 1989
eave 14ne. The lowest part of a mansard-style roof shall be
considered the eave line. Wier -a-perepet tnel1 -is eanbiFed-wit)r e
marl-reef,--#1�e eawe �inell-be-tke-#o�rof #3�e peepet. (Ord.
129 S5 (part), 1977: Ord. 98 Sl (part), 1975: Exhibit A S25.38.225. )
The goal of the subcannittee being to clarify a "freestanding sign" and to
delete "mansard" or "parapet" mounted signs from permitted signs.
The chamber task force suggested a series of definition changes as
follows:
SIGNS.
Means any structure, housing, sign, device, figure, statuary, painting,
display, message placard, or contrivance, or any part thereof, which is
intended or used to advertise, or provide data or information in the
nature of advertising, for any of the following purposes:
1. To designate, identify, or indicate the Wane of business of the owner
or occupant of the premises upon which the advertising display is
located.
2. To advertise the business ocrrhicted, services rendered, or goods
produced, sold, or available for sale upon the property upon which
the advertising display has been lawfully erected. (State Law).
FREESTANDUG SIGN:
Any sign erected and mounted directly to the ground and not attached in
any manner to a building. These signs are mounted on or attached to one
or more uprights, i.e. pole sign, detached sign, pylon sign or ground
sign. All such signs must have air space imiediately below the sign face
and the ground. See Mxuwnent Sign.
M NL E T SICK•
Any freestanding dig sign that is mounted directly upon the ground and that
has a solid base which contains ro air space between the sign face and the
ground.
ROOF SIGN:
Any sign erected upon, over or directly above the roof and roof line or
above the parapet of a building so as to charge the original building
silhouette.
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STAFF RETCRT
ZOA 89-1
SEPT943 R 5, 1989
FALL SIGN:
A sign erected upon or attached in any manner to an exterior wall or
building elevation that is on a plane approximately parallel to the plan
of the exterior wall or building elevation and that does not extend above
the roof line or parapet.
MANSARD ROOF:
An architectural appendage attached to a building with a sloped decorative
roof element attached to the face of a building.
MANSARD SIGN:
Signs affixed to a mansard roof and are considered wall signs.
ABANDC[M SIGN:
See State Law B & P Code Chapter 2.5 Section 5490 (f) and Chapter 2.6
Section 5499.1 (2).
ILLEGAL SIGN:
See State B & P Cbde Chapter 2.5 Section 5497, Section (a) through (i) and
Chapter 2.6 Section 5499.1 (a).
ILLEGAL NCNCCNFOEe4W SIGN:
Any sign that was legally erected under an existing code but does not meet
the criteria of any subsequent sign code. These signs are deemed legal by
State Law and may not be required to conform or be abated or amortized out
of existence provided they are maintained. B & P Code Chapter 2.5
Sections 5491, 5491.1, 5491.2, 5492, 5493, 5494.
ILLU4INkTED ARCHITE7CIVRAL CAMPY SIGN:
An internally illuminated canopy that contains identification or
advertising coley... copy area is only that area that contains copy and
shall be considered a wall sign provided that the structure is attached to
the exterior wall of a building with the exposed face in a plane
approximately parallel to the plane of the exterior wall.
Staff is uncomfortable with the idea of changing basic definitions such as
"sign" because it could lead to internal inconsistencies which are not
apparent at first blush (i.e. the present exception for signs more than
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STAFF REPORT
ZOA 89-1
SEPTEMBER 5, 1989
three feet inside a store window would be deleted and any window dispiay
m �s may be trued as a sign and require ARC approval).
In addition, the definitions as proposed by the chamber task force would
permit mansard and parapet signs which were intended to be prohibited.
Section 25.68.030 Sign Permit Procedure presently details the submittal
requirements in eight subsections with the eighth being a "catch-all" but
the subcamUttee felt that a ninth would be added specifically requiring a
signed statement from the property owner or his representative.
I. That the applicant provide a signed statement from the property owner
or his authorized representative that he has reviewed the proposal
and approves of same prior to each submittal to the city.
The chamber task force responded with two other proposed inclusions:
A. A set of parameters or guidelines for small businesses should be
established so the business can receive approval for signage without
going through the full sign approval process. "Keeping it simple"
could help the approval process efficiency level for up to potential
" of all applicants.
B. When it is deemed necessary, the architectural review commission
needs to be utilized. The task force recommends ARC membership
include personnel experienced with color coordination, design signage
and visual merchandising, architects and a business-commwnity
representative.
The ARC size should be increased to seven (7) members.
These are two reasonable suggestions, however, they may be inserted in the
code where they are more appropriate.
With respect to the first suggestion the existing sign ordinance Section
25.70.070 W Exemptions provides:
B. Emenptions: When, in the opinion of the director of environmental
services, the approval of an application for a minor or insignificant
permit does not defeat the purposes and objects of this chapter, he
may grant the permit without submitting the matter to the
architectural oommission for its approval, notwithstanding any other
provisions of this section or this chapter. In addition the director
of envircrvmental services shall' be authorized to issue sign permit
approvals for signs having a value of less than one thousand five
hundred dollars. The decision of the director of community
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STAFF RF11ORT
ZOA 89-1
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development shall be subject to appeal made to the architectural
commission. (Ord. 326 (part), 1983).
This section was amerided in 1963 and increased the value of signs which
the department could approve from $1,000 to $1,500. In order to provide
internal consistency in the zoning ordinance this change should also be
inserted into Section 25.68.030.
It is felt that this provision has been liberally construed by the
department and in fact through August 21, 1989 the department had
processed a total of 68 signs in 1989 of which 39 or 58-% were approved by
staff. of the remaining 42% many were in excess of $1,500 and hence had
to be reviewed by the ARC. The rest were of such design that staff was
not comfortable approving them over the counter.
Section 25.70.020 Membership prescribes that the ARC shall have five
members plus one or more alternates. Three of the members are to be
architects (i.e. architects or landscape architects) . The remaining
members are typically community members.
The chamber task force suggested that the membership be expanded to seven
(7) and that it include members experienced with color coordination,
design signage and visual merchandising, architects and a business-
community representative.
Staff would prefer to retain the existing basic five member makeup of the
ARC and an alternate. The three non-architect members could include
people who possess the talents described by the chamber task force.
Staff proposes to amend 25.70.020 Membership by inserting the words "The
con-architect members shall include persons experienced with color_
coordination, signage design and visual merchandising" into the section.
Section 25.68.100 Abatement of illegal signs. The subcommittee wished to
change the responsibility for enforcing this section from the
envircrviertal services director (now director of oanmrdty development) to
the director of code compliance.
The chamber task force reoammends that this section be replaced with
Section 5497 of the state code.
As the city attorney notes, staff's intended change oould be implemented
by an interdepartmental agreement without amending the section. This will
be done.
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STAFF REPORT
ZOA 89-1
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Section 25.68.120 Permitted signs - purpose. - The proposed change was to
insert the words "with the goal being to minimize visual pollution, the
use of the lighting and excessive contrasting colors".
The subcommittee and clamber task force agreed with this clarification.
Section 25.68.230 Freestanding signs (In 'other residential sections" ).
The proposed change was to reduce the permitted height for freestanding
signs in residential areas other than single family areas from ten feet to
six feet.
The chamber task force felt that
ten feet should remain, however, during
the discussion between the two groups common ground was found with
language reading:
25.68.230 Freestanding signs.
Except for otherwise specified height limitations, freestanding signs
shall not be located on the public right-of-way and shall not exceed
six feet in height or-the- -the-ad3aeent-bulld3fq;-raYricheaer fs
3ess unless topographic or other physical features exist necessitating a
higher sign but in no event shall the total sign structure height exceed
ten feet from the grand. (Ord. 129 54(part), 1977: Ord. 98 S1(part),
1975: Exhibit A 525.38-11.05. )
Presently, Freestanding signs in commercial areas are covered under two
sections: 310 and 390.
Section 310 basically deals with the general camiercial zone while Section
390 deals with larger parcels of land (i.e. : district and regional
centers PC zone and industrial parks). The subcamdttee felt that the two
sections should be replaced with a consolidated section using some of the
restrictions from each.
The goal of this new section on freestanding signs was to provide center
identification only, or individual business identification in the case of
individual businesses on its own separate property. In the case of center
identification signs general types of tenants may be described but no
specific tenant names may be used.
The new Section 25.68.310 Freestanding signs will read:
A. A building, commercial complex, shopping center or other connercial
or industrial developments housing more than one (1) tenant and
having frontage on a public street shall be entitled to one
freestanding sign on each street frontage to identify the building,
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STAFF REPORT
ZOA 89-1
SFPTQ43FR 5, 1989
commercial/industrial oomplex, or shopping center. The area of such
sign(s) to be determined as follows:
1. Freestanding signs for buildings, comercial omplexes, shopping
centers and other commercial/industrial developments located on
less than five acres of property shall not exceed one-half the
total allowable signage of the front of the building and shall
be subtracted therefrom and in no event exceed fifty (50) square
feet Maximum height of these
signs shall be six (6) feet unless topographic or other physical
features exist necessitating a higher sign but in no event shall
total sign structure height exceed ten (10) feet from the
round.
2. Freestanding signs for buildings, commercial complexes, stopping
Centers and other oommmercial industrial developments housing
more than one tenant located on five acres of land or more shall
be allowed one identification sign on each right-of-way with an
allowable sign area based on a ratio of ten square feet per acre
to a maximum of 100 square feet. Maximum height of these signs
shall be six feet unless topographic or other physical features
exist necessitating a higher sign but in no event shall the
total sign structure height exceed ten feet from the ground.
B. Individual businesses located on their own individual property,
having frontage on a public street and individual (unshared) access
from said public street shall be entitled to a freestanding sign
subject to the area and height limits delineated in part 1 and 2 of
subsection "A" above, as may be applicable based on the area of the
site.
C. When approving any freestanding sign the architectural review
Commission shall affirmatively make the finding that said approval
shall visually entmance the aesthetic quality of the property on which
the sign is to be located.
D. All deteehed freestanding signs shall be placed within a permanently
landscaped area of not less than twenty-four square feet, and be
architecturally compatible with the building or complex and not
encroach in the public right-of-way.
The chamber task foroe first recommended that the current language in
Section 310 and 390 be retained, but this was before the compromise
language was worked out.
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STAFF REPORT
ZOA 89-1
SEPTUCER 5, 1989
Similar changes will be made in Section 390 to make it consistent with
310.
Section 25.68.480 Sign colors.
The subcommittee proposed to change the existing code section to limit
colors in a sign or sign program to not more than three colors which will
minimize excessive contrast.
The present code controlling colors reads, "The number and type of colors
used shall be as approved by the architectural commission."
The chamber task force recommended the current language be retained.
Staff concurs with the language of the council subcommittee and will'
include an amendment to this effect in the daft ordinance.
Section 25.68.490 Glare from signs presently reads:
Section 25.68.490 Glare from signs. All illuminated signs
in all zones shall be designed in such a manner as to avoid
undue glare or reflection of light on private property in
the surrounding area; in no event shall any sign exceed ten
candlepower at ten feet from the face of the sign. (Ord.
129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A
S25.38-16.08).
In order to better control the illumination level it is proposed that all
internally illuminated signs be limited to a maximum 430 milliamps,
ballast and lamps, whereas 800 maximum is the typical industry standard.
This change was suggested by the sign industry members. This standard
would not impact on neon signs.
25.68.520 Maximum sign area limitation.
Unless otherwise authorized by this section, regardless of the zone where
located, no sign shall exceed the maximum area necessary to identify the
use. (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A
S25.38-16.11. )
The subcrnmittee recommended that this be deleted. The chamber task force
agreed.
Section 25.68.350 Special event signs and Section 25.68.540 Special
permits i have become co-mingled and their purposes confusing.
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STAFF REPORT
ZOA 89-1
SE RM43M 5, 1989
Section 25.68.350 presently reads:
25.68.350 Special event signs. With the approval of the
director of environmental services, a business may erect
one temporary sign, mounted on a wall facia or
freestanding, advertising special events, promotions or
sales. The director may approve up to 30 square feet of
sign area depending upon the type of event, building design
and right-of-way frontage for a period not to exceed 30
days per year. When improperly used, special event signs
constitute a public nuisance and m be abated.
"Special event signs for periods in excess of 30
days may only be permitted pursuant to a
resolution of the city council granting such
approval which shall specify the period during
which the sign may be displayed."
The director has generally only approved "Grand 0poning Signs" under this
section. The subcomnittee felt that "Going out of business" signs could
also be approved by the director. In addition the subcommittee felt that
these banners must be oaipatible and harmcnioLs with the color of the
building and adjacent buildings.
The "going out of business" signs portion of this can be acccuplished
through a policy directive of the city council.
The requirement for ompatibility and harmalious design will be inserted
into the first paragraph before the last sentence.
The chamber task force agreed that the director should approve "going out
of business" signs and suggested that "Grand opening" signs be for 30 days
and "going out of business" signs be for 60 days.
This request by the task force was based on inmmlete information and it
is felt that the existing language allowing city council to grant time
extensions should mitigate the task force concerns.
Section 25.68.540 presently reads:
25.68.540 Special permits.
Nothing contained in this chapter shall prevent the city council from
granting a temporary special permit or otherwise permitting on such terms
as it deems proper, signs or the like advertising or pertaining to any
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STAFF REPORT 1
ZOA 89-1
SEPrEMER 5, 1989
civic, patriotic, or special event of general public interest taking place
within the boundaries of the city when it can be found that same will not
be materially detrimental to the public welfare, interest, or safety, nor
injurious to adjacent property or improvements.
Grand opening signs may be approved by the director of environmental
services subject to appropriate conditions. (Ord. 129 S4(part), 1977:
Ord. 98 S1(part), 1975: Exhibit A 525.38-16.13. )
The second paragraph of this section is inappropriate in this section and
should be deleted.
Section 25.68.570 Trade construction signs presently reads:
Section 25.68.570 Trade construction signs.
One unlit sign advertising the various construction trades
shall be permitted on construction sites during the period
that valid building permit approval exists. Such signs
shall not exceed three square feet per twenty thousand
square feet of land area with a maximum of thirty-two
square feet in area and shall be removed before a notice of
completion is issued for the building being oonstructed.
No trade construction sign shall exceed eight feet in
height. (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975:
Exhibit A S25.38-17. )
The subcommittee agreed that this was overly restrictive and proposed
increasing the size to 15 square feet but to limit the height to five
feet. The idea was to install a wood framework/backboard on which each of
the trades working on the site could install one of their signs (2 feet by
2 feet or 2 feet by 18 inches).
The task force reoamiended there should be a 32 square foot minimum and a
maximum of 64 square feet for the permitted trade construction sign on a
site. The permitted height should be 12 feet.
Staff is proposing 16 square foot minimum and 32 square foot maximum with
the 5 fact height limit.
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STAFF RETORT
ZCA 89-1
SEPTENCER 5, 1989
Section 25.68.610 Signs on awnings, etc. presently reads:
25.68.610 Signs on awnings, etc.
Painted, non-illuminated or indirectly lighted signs may be
permitted on the borders of marquees, canopies, awnings,
arcades, or similar structures or attachments if located
and erected in a manner satisfactory to the director of
environmental services of his authorized representative.
Such signs shall be included in the total authorized sign
area.
Externally lighted signs shall be permitted on the upper or
lower surface of fixed marquees and similar structures, the
front face of which faces the public right-of-way; provided,
that the outer dimensions of such signs shall not exceed sixteen
inches in height; and provided further, that each letter or
image on such a sign does not exceed twelve inches in height.
The location and design of such signs must be approved by the
director of environmental services or his authorized
representative. Such signs shall be included in the total
authorized sign area. (Ord. 129 S4(part), 1977: Ord. 98
Sl(part), 1975: Exhibit A S25.38-17.05).
Awnings were the catalyst which resulted in the subcommittee being formed.
The suboomittee felt a more restrictive policy was needed and created the
an interim policy (see copy attached).
The task force responded to the interim policy in its July 11, 1989 maro
(copy attached) but basically they felt that the interim policy due to its
specific requiremmmts and limits would hinder creativity.
The interim policy has been in effect since April and has been working.
The subcommittee felt that the specific nature of the proposed revisions
was beneficial and would result in higher quality awning installations.
It was agreed that subjection I of the interim policy would be changed
from "prohibited" to "shall not be encouraged".
Section 25.68.605 Lottery signs was proposed to be added, reading:
Section 25.68.605 Lottery signs.
Banners, window signs and wall signs promoting or
advertising the California State Lottery must be reviewed
and approved pursuant to this section. Lottery signs will
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STAFF REPORT
ZOA 89-1
SEP UIEER 5, 1989
be included in the overall total sign area allocated to the
business based on its frontage.
The task force recamiended that the second sentence be removed. It also
recommended that ". . .approved pursuant to this section" be replaced with
". . .approval not to exceed State Lottery requirements."
The city attorney has been working on the legal aspects of signs
advertising the State Lottery and proposes:
Section 25.68.606 is a new section to regulate bingo signs. The
subcommittee proposed:
Section 25.68.606 Bingo signs.
A maximum three (3) square foot sign advertising an
upcoming bingo event may be installed, without permit, no
more than forty-eight (48) hours before the event and must
be removed immediately following the event.
The task force found this acceptable.
Section 25.68.607 Lights outlining buildings/windows was proposed by the
subcommittee as follows:
Section 25.68.607 Lights outlining buildings/windows.
A. Flood lights and accent string lighting outlining the
building exterior or perimeter and/or window areas
must be integrated with the building architecture and
as such must be reviewed and approved by the
Architectural Review Commission. In no event shall
blinking, rotating, flashing or twinkling lights be
used.
B. During the period from Thanksgiving Day until New
Years Day the above noted lights may be displayed
without review and approval by the city.
The task force found this acceptable.
The subcommittee had discussed the problem of maintenance of signs and
awnings but felt that the existing code Section 68.25.470 could be
utilized.
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STAFF REPORT
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SEPI'II-FIER 5, 1989
The chamber task force suggested that language provided by the Sign Users
Council of California be utilized as shown on pages 19 and 20 of the
chamber task force submittal attached hereto.
Staff concurs with the language provided by the task force and will
include same in the draft ordinance in place of the present section.
NECN SIGNS:
The subcommittee seriously considered prohibiting all neon signs. The
task force felt that it should not be prohibited but reviewed by the ARC
on a case by case basis.
The two groups agreed that if neon signs are to be allowed they must be an
integral part of the building design with careful attention to color,
intensity of light and utilization of soft tones.
While it was not specifically determined that neon shall be permitted
staff will prepare an addition to Section 25.68.440 Sign review criteria
being subsection 'J' dealing specifically with neon sib.
The subcommittee, in an effort to upgrade signs in certain sections and
blocks of the city, felt that the redevelopment agency should be asked to
fund a program which would establish a uniform sign program and cover the
cost of manufacturing and installing the signs.
The task force offered no comment on this proposal.
This will not be part of the ordinance amerdrent but the council may
choose to refer this to the redevelopment agency.
The subccnvdttee requested the city attorney to review the penalty section
of the ordinance with a view to increasing same for persons installing a
sign before obtaining approval or for installing signs different from that
approved.
The city attorney in his report indicates that the present penalty section
is flawed and that the courts would probably be reluctant to enforce it.
The city attorney indicates that the ordinance my have a more effective
preventative effect if Section 25.68.760 is amended to provide that
violations of the section are misdemeanors punishable as provided for in
Section 1.12.020.
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ZOA 89-1
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IV. CONCLUSION•
The process has been a long and involved one. While most issues have been
discussed and resolved between the subcommittee and the chamber task force
there are certain items on which agreement could not be reached. In these
instances staff has provided the subcommittee position in the draft
ordinance.
The city attorney has also expressed concern that to the extent that the
amerxinents require alteration or abatement of existing legal signs, state
law requires the city to pay the owners that present cost of the sign.
Also, if the amendments effect existing signs, the city is required to
provide for an inventory, identification, and abatement of preexisting
illegal or abandoned signs.
To avoid the compensation, inventory and abatement problems two
alternatives are suggested:
1. Provide that the amendments are prospective only; or
2. Supplement the proposed changes by adopting the changes as policies
of the Architectural Review Cbmnissien, not as amendment to the
ordinance.
It is staff's intention that the proposed amendments will be prospective
only (i.e. impacting future sign requests only) and thereby avoid the
provisions of State Code Sections 5491 and 5491.1.
V. RECCM"ENDATION:
That the planning commission recommend to city council approval of an
amendment to the sign ordinance.
VI. ATTACHMENTS:
A. Draft resolution.
B. Present sign ordinance.
C. Chamber task force report.
D. City attorney's report.
E. April 18, 1989 report.
Prepared by `
Reviewed and Approved
SRS/ton
16
INFERIM POLICY Fop AWNINGS
MARCH 10, 1989
1. Not every building is entitled to an awning. The awning must be
architecturally ccnipatible with the building.
2. Aoaungs must be kept in good repair and be clean and non-faded.
3. No awidty�s allowed which are not substantially attached to buildings (i.e.
no freestandirtg awnll.ngs) .
4. Awning lettering, as well as style and colors, must aesthetically blend
with the building.
5. Eight inch (8" ) maximum letter height rot to exceed a-ie-third (1/3) of
awning height.
6. Scalloping on bottom of awnings shall not be pronounced.
7. AFnu.tygs, where applicable, will contain street numbers four inches (4") in
height.
8. Awnings will not contain phone numbers.
9. No straight drop type awnings shall be permitted (i.e. canvas signs).
SRS/tm
CHAM BEROFCOMMERCE —
PALM DESERT. CALIFORNIA 9225v
TELEPHONE f6 9) 346 6" '
July 11 , 1989
TO : Mr . Steve Smith , Associate Planner
City of Palm Desert
FROM : Daniel L . Ehrler
RE : Sign Ordinance Task Force Specific Response
to Section 25 .68 .610 - Signs on Awnings . . .
Dear Steve :
The Task Force recommends the following language be used in
section 25 .68 .610 :
In order to maximize the aesthetic potential of an
individual business fascade , awnings on buildings
should be reviewed on a case-by-case basis by the Arch-
itectural Commission. (The creation of an ordinance
with specific design parameters will minimize the
creative lattitude that is so important when com-
posing the various elements within a storefront fascade . )
Applicants with awning proposals will discuss the
design with staff prior to submitting drawings for
review . Staff will direct the applicant to review
existing awnings on buildings that have been fav-
orably or unfavorably received by City Hall and/or
the community. (This review may assist the appli-
cant in determining what general awning applications
are most likely to be accepted . ) When drawings
are submitted, the Architectural Commission should
determine the appropriateness of the awning rela-
tive to the base building color, materials and
architectural features , as well as elements in the
foreground and of adjacent buildings .
This proposed language from the Task Force will complete our
Report and Recommendations to the City of Palm Desert .
If you have any questions , please call me at your convenience .
ery s ' erely yours ,
Daniel L. Ehrler
Executive Vice President
EL PASEO BUSINESS ASSOCIATION
P. O. Box 6000 Ste, 305
Palm Desert, CA 92261
F,'R ; 1 1989
Dept of Community Development
City of Palm Desert Wkwohir ,E.E.- .:.
Sign Review Subcommittee
April 10, 1989
RE: Proposed Sign Ordinance Awning Provisions
Gentlemen:
we thank you for the opportunity to review the proposed changes.
Following are our recommendations and out support is given
subject to acceptance of our recommendations in their entirety.
Consider no comment on any proposed change to carry our support.
1. No provisions are made for logos and we assume that size
color and placement will be considered on a case by case
basis.
2. Color of awning should not be limited to those that
"blend" with the building. Contrasting colors when
properly chosen for tone and intensity create a tasteful
statement while drawing attention to the business. we
STRONGLY recommend one or more members of the
Architectural Commission possess interior design or color
scheme skills so decisions can be made concerning color,
logo size, and awing design compatibility with the
structure.
3. Twelve inch maximum letter height not to exceed one-third
of awing height.
9. Straight drop awing if properly designed and tailored
for a specific building can be both attractive and
effective (i.e. Andrew Lawrence). See 2. above for design
skills necessary on the Commission to make these
decisions.
5. we encourage the use of street numbers on awing where
building numbers are obscure.
Pl a se i can be of further assistance.
rry M. rotbeck
Chairman-El Paseo Bus. Assoc.
I
MEMORANDUM
TOo DJE
FROM,: RW:i ' V
DATE : AUGUST 2 ,, 1989
RE : PALM DESERT SIGN ORDINANCE
OUR FILE NO. 72500 , 0330
On 8/28/89 I talked with Leslie Burgermyer, legal counsel
for the California State Lottery. She informed me that the
Califonria State Lottery requires vendors to display the
following signs on the outside of their business :
A. Square Lottery decal . Si by 5; inches on the door.
B . Nano specific identification poster either 8} by 23
inches or 27 by 36 inches .
C. Game specific poster - that identifies the current
game, strongly encouraged but not absolutely required. 8} by 23
inches.
D. Banner on the outside wally any one of the following
three: lotto banner 23 inches by 8 feet; scratcher banner 20
inches by 9 feet; or all games banner 20 inches by 9 feet.
E. Either a free standing or pole mounted sign placed at
outside of business; local codes can specify reasonable placement
of this sign.
Leslie would be happy to cooperate in the design or
implementation of the ordinance. Her office would review any
proposed ordinance for problems. She would also send any adopted
ordinance to the district sales manager so that he could include
information regarding the Palm Desert ordinance in presentations
to local vendors.
RWH2/08/29/89/pam/1
PLAWEINC OOMtCMICN IUM.AM N NO.
A RESOLVPION OF THE PLA1,N'ING C M-IISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECM EIZING, TO
TILL CITY OJUNCIL APPROVAL OF A ZONING ORDI,WNCE
AME�� RELATING TO AWNINGS AND SIGNS.
CASE NO. ZOA 89-1
WHEREAS, the Planning Camissicn of the City of Palm Desert, California,
did on the 18th day of April, 1989, hold a duly noticed public hearing which
was continued to September 5, 1989, to consider amendment of zoning ordinance
section 25.68 relating to signs and awnings; and
WHEREAS, said amendment has complied with requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89, " in that the director of community development has
determined the amendment to be a class 5 categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony arguments, if any, of all interested persons desiring to be heard,
said planning commission did find the following facts and reasons to exist to
recommpnxi approval of a zoni.mrg ordinance text amendment:
1. The proposed amendment relating to awnings and signs are consistent
with the intent of the zailng ordinance and protects the oammunity
health, safety and general welfare.
NOW, "-EREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the
findings of the oamdssion in this case.
2. That it does hereby reoammend approval of ZOA 89-1 as provided in the
attached exhibit labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Cannission, held on this 5th day of September, 1989, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICIiARD UMOOD, Chairman
ATTEST:
P.*IOY A. DIAZ, Secretary
/tm
1
L
PLAtd'D-C, ca-tassicN REsauPICN AU.
EXHIBIT "A"
SECTION 1: That Sections 25.68.020 'J' , 'T' and 'X' be and the same are hereby
amended to read as follows:
Section 25.68.020.
J. "Freestanding sign" means a sign supported by up-right pedestals or
braces placed upon or into the ground and detached from any building.
T. "Roof sign" means a sign affixed on, above, or over the roof of any
building, or any sign affixed to the wall of a building so that it
projects above the eave line of a roof. The-tag-of-e-13arapet--wa14
shall-be- co nai -the-ease -lime. The lowest point of a mansard
style roof shall be considered the eave line. Where-a-parapet-wet+
is- -wi#4r-e-mansard-reef,-reeve-line-shalI-be #3ne top-af
tine-parapet.
X. "Wall sign" means a sign attached to or erected on the exterior wall
of the building or structure or on a canopy marquee or similar
overhang with the exposed face of the sign in a plan approximately
parallel to the plane of the exterior wall and not extending above
the eave line. The-teg--of--a-peraget-weli--shetl-l--be-eernsidered-#3ie
eave-Witte. The lowest part of a mansard-style roof shall be
considered the eave line. Where-s-perepetl is-eanbined-wiitlre
mmisard-reef,--th eewe lire-shalt-be-#h-- #ep-of--tfie-per r. (Ord.
129 S5(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S2j.38.225. )
SECTION 2: That Section 25.68.030 be and the same is hereby amended to read as
follows:
25.68.030 Sign permit procedure.
It is unlawful for any person to erect, alter, or to permit the
erection or alteration of a sign, including painted signs, unless
otherwise excepted by this chapter, upon any property without first
obtaining a written sign permit from the department of errvirtterttal
services armaunity development. Signs exceeding ere-t ared dollars
one thousand five hundred dollars in value shall be reviewed through
the design-reviewticjer^d architectural review commission process as
specified in Chapter 25.70. Application for such permit shall be
made on a farm provided by the department of envireFaental-services
community development and shall be accompanied by a fee as
established by council resolution. The application shall set forth
and contain the following information and material:
2
PLANKM MWESSICN RESOi[ MN ND.
Three copies of a plan showing the following:
A. The location and size of any building or strictures on the
property, in the control of the applicant, both existing and
pry;
B. The location of off-street parking facilities, including major
points of entry and exit for motor vehicles where directional
signs may be proposed;
c. The position of the proposed sign and its relation to adjacent
buildings and structures under the control of the applicant.
D. The design and size, colors proposed, and proposed location of
the sign or sign structure on the property, under the control of
the applicant;
E. The method of attachment to any ;
F. A statement showing sizes and dimensions of all other signs
existing on the property, wrier the control of the applicant;
G. A statement showing the size and color relationships of such
sign or sign structure to the appearance and design of existing
or proposed buildings and structures on the property;
H. Such other information as the department of emerita4
sexvleeS community development may reasonably require to secure
compliance with this chapter and the ordinances of the city.
(Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A
SS25.38-3--25.38-3.01. )
I. That the applicant provide a signed statement from the property
Owner or his authorized representative that he has reviewed the
proposal and approves of sane prior to each submittal to the
City.
SECTION 3: That Section 25.70.020 dealing with .architectural commission
membership be and the same is hereby arended to read as follows:
25.70.020 l60mberstrip.
The architectural review commission shall consist of five members and
one or more alternates appointed by the city council; three of than
shall be architects, if available. The non-architect members shall
include persons experienced with color coordination SigrkVe design
and visual mexchandisirg. Arry alternate meter shall serve as a
3
PLAtZZM 03t+USSICN RPSOLUPICN NO.
voting member when any one of the five regular members is absent from
the meeting. (Ord. 452 S2(part), 1986: Ord. 326 (part), 1983. )
SDCPICN 4: That Section 25.68.120 Permitted signs - Purpose be and the same is
hereby amended to read as follows:
25.68.120 Peimi.tted signs--Repose.
No signs shall be erected or maintained in any zone as established by
the zoning ordinance except those signs specifically enumerated in
this chapter. The number and area of signs as outlined in this
chapter are intended to be maximum standards which do not necessarily
ensure architectural compatibility. Therefore, in addition to the
enumerated standards, consideration shall be given to a sign(s
relationship to the overall appearance of the subject property, as
well as the surrounding ccrtmimity with the goal being to minimize
visual pollution, the use of lighting and excessive contrasting
colors. Compatible design, simplicity, and sign effectiveness are to
be used in establishing guidelines for sign approval. (Ord. 129
S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A S25.38-9. )
SECPICN 5: That Section 25.68.230 Freestanding signs be and the same is hereby
amended to read as follows:
25.68.230 Freestanding signs.
Except for otherwise specified height limitations, freestanding signs
shall not be located on the public right-of-way and shall not exceed
ben six feet in height ar-##�e -height-of- fe-edJaeefnttldig;
whietnewer--is--less unless topographic or other physical features
exist necessitating a higher sign but in no event shall the total
sign structure height exceed ten feet frrm the cXound. (Ord. 129
S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A 525.38-11.05. )
SBCPICN 6: That Section 25.68.310 Freestanding signs be and the same is hereby
amended to read as follows:
A. A building, commercial complex, shopping center or other
commercial or industrial developments housing more than one (1)
tenant and having frontage on a public street shall be entitled
to one freestanding sign on each street frontage to identify the
building, commercial/industrial complex, or stopping center.
The area of such sign(s) to be determined as follows:
4
PLANNING CCM-QSSION RFSOLIIMN NO.
1. Freestanding signs for buildings, commercial
complexes , shopping centers and other
commercial/industrial developments located on less
than five acres of property shall not exceed one-half
the total allowable signage of the front of the
building and shall be subtracted therefrom and in no
event exceed fifty (50) square feet aFd-e height o€
same-F6�-Peet. Maximum height of these signs shall be
six ( 6 ) feet unless topographic or other physical
features exist necessitating a higher sign but in no
event shall total sign structure height exceed ten
(10) feet from the ground.
2. Freestanding signs for buildings, commercial
complexes, shopping centers and other commercial/
industrial developments housing more than one tenant
located on five acres of land or more shall be allowed
one identification sign on each right-of-way with an
allowable sign area based on a ratio of ten square
feet per acre to a maximum of 100 square feet.
Maximum height of these signs shall be six feet unless
topographic or other physical features exist
necessitating a higher sign but in no event shall the
total sign structure height exceed ten feet from the
ground.
B. individual businesses located on their own individual property,
having frontage on a public street and individual (unshared)
access from said public street shall be entitled to a
freestanding sign subject to the area and height limits
delineated in part 1 and 2 Of subsection "A" above, as may be
applicable based on the area of the site.
C. Wen approving any freestanding sign the architectural review
co r ssion shall affirmatively make the finding that said
approval shall visually enhance the aesthetic quality of the
property on rich the sign is to be located.
D. All detaeked freestanding signs shall be placed within a permanently
landscaped area of not less than twenty-four square feet, and be
architecturally compatible with the building or complex and not
encroach in the public right-of-way-
E. Notwithstanding the limit of one sign on each right-of-way
when a shopping center or industrial park has street
frontage on any one street in excess of 1600 feet then an
additional sign shall be permitted subject to the signs
being separated by a minimum distance of 400 feet.
5
PL.4ANING CJ+[[SSION RESOL(TPICN NO.
In the case of centers in the regional commercial zone
having over 700,000 square feet of gross leasable retail
floor area, said center identification signs may contain
the name of tenants aril/or activities oaxticted within the
center which operate during evening hours.
SECrICN 7: That part 'A' of Section 25.68.390 of the code of the City of Palm
Desert be and the same is rescinded.
SECTION 8: That Section 25.68.480 Sign colors be and the same is hereby
amended to read as follows:
25.68.480 Sign colors.
Sign programs for commercial complexes, stopping centers other
commercial/industrial developments and individual businesses shall be
limited to not more than three (3) colors which will minimize
excessive contrast.
SECTION 9: That Section 25.68.490 Glare from signs be and the same is hereby
amerce to read as follows:
25.68.490 Glare from signs.
All illuminated signs in all zones shall be designed in such a manner
as to avoid undue glare or reflection of light on private property in
the surrounding area; in no event shall any sign exceed ten
candlepower at then feet fran the face of the sign. Internally
illuminated signs shall be limited to a maximum 430 milliamps,
ballast and lams. (Ord. 129 S4(part), 1977: Ord. 98 S1(part),
1975: Exhibit A S25.38-16.06. )
SECTION 10: That Section 25.68.520 Maximsn sign area limitation is hereby
rescinded.
SEMCN 11: That Section 25.68.350 Special event signs be and the same is
hereby amended to read as follows:
25.68.350 Special event signs.
With the approval of the director of enviTerventak-services oarmffli
development, a business may erect one temporary sign, mounted on a
6
PLAtNDC CCWISSICN RESOLUTION NO.
wall facia or freestanding, advertising special events, promotions or
sales. The director may approve up to 30 square feet of sign area
depending upon the type of event, building design and right-of-way
frontage for a period not to exceed 30 days per year. Signs approved
under this section must be compatible and harmonious with the color
of the building and adjacent buildirn§. When improperly used,
special event signs constitute a public nuisance and may be abated.
Special event signs for periods in excess of 30 days may only be
permitted pursuant to a resolution of the city council granting such
approval which shall specify the period during which the sign may be
displayed.
SE)CTICN 12: That Section 25.68.540 Special permits be and the same is hereby
amended to read as follows:
25.68.540 Special permits.
Nothing contained in this chapter shall prevent the city council from
granting a temporary special permit or otherwise permitting on such
terms as it deems proper, signs or the like advertising or pertaining
to any civic, patriotic, or special event of general public interest
taking place within the boundaries of the city when it can be found
that same will not be materially detrimental to the public welfare,
interest, or safety, nor injurious to adjacent property or
improvements.
Gear epentng-siq�+s-mraq-be ap�n dry t3��i c>f-envim",,ent=a1
9Qtb 3fJe4-sejeet-too-apprxiet� tt=xis. (Ord. 129 S4(part),
1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-16.13. )
sBcri N 13: That Section 25.68.570 Trade lion signs be and the same is
hereby amended as follows:
section 25.68.570 Trade corstrvction signs.
One unlit sign advertising the various oonstxuction trades shall be
permitted on construction sites during the period that valid building
permit approval exists. Such signs shall not exceed sixteen square
feet (16) per testy thousand (20,000) square feet of land area with
a maximum of thirty-two (32) square feet in area and shall be removed
before a notice of completion is issued for the building being
constructed. No trade construction sign shall exceed five (5) feet
in height. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975:
Exhibit A 525.38-17. )
7
1
PLANNI% 0 1ISSICN RESOLUTION NO.
SECTION 14: That Section 25.68.610 Signs on awnings, marquees, canopies,
arcades or similar structures or attactments be and the same is hereby amended
as follows:
25.68.610 Signs on awnir!<§, maxim canopies arcades or similar
structures or attachments.
A. All awnings or awnings with a sign(s) mast be reviewed and
approved by the architectural review commission. The awning
(sign) must be architecturally compatible with the building and
as a result an awning may not be appropriate for every building.
B. Pursuant to Section 25.68.470 "Proper maintenance of signs"
awnings must be kept in good repair and be clean and non-faded.
C. Awnings must be substantially attached to the main building
structure.
D. Awning lettering and numbers as well as style and colors mist
aesthetically blend with the building.
E. Letter height shall not exceed one-third (1/3) of the awning height
and in no event shall it exceed eight (8) inches.
F. Scalloping on awnings shall not be pronounced.
G. Where applicable, awnings shall contain street numbers four
inches (4") in height with a letter style helvetica medium or
equivalent.
H. Awnings shall not contain phone numbers.
I. Straight drop type awnings (i.e. canvas-vinyl signs) shall not
be encouraged.
SECTION 15: That Section 25.68.605 Lottery signs be added as follows:
25.68.605 Lottery signs.
8
J
PLANNIW, CU+aSSICN RFSOLUMIN NO.
SEr_7ICN 16: That Section 25.38.606 Bingo signs be added as follows:
Section 25.68.606 Bingo signs.
A maximum three (3) square foot sign advertising an upcaminng bingo
event may be installed, without permit, no more than forty-eight (48)
hours before the event and must be removed immediately following the
event.
SDCTICN 17: That Section 25.68.607 Lights outlining buildings,/windows be
added as follows:
25.68.607 Lights outlining buildings/windows.
A. Flood lights and accent string lighting outlining the building
exterior or perimeter and/or window areas must be integrated
with the buildirg architecture and as such must be reviewed and
approved by the architectural review commission. In no event
shall blinking, rotating, flashing or twinkling lights be used.
B. During the period from Thanksgiving Day until New Years Day the
above noted lights may be displayed without review and approval
by the city.
SE TICN 18: That Section 25.68.470 Proper maintenance of signs be and the same
is hereby amended as follows:
25.68.470 Proper maintenance of signs.
1. For the public health, safety and welfare, every on-premise sign
shall be maintained in a safe,. presentable and good structural
material condition at all times, including the replacement of
defective parts, wirier, ballast, painting, repainting, cleaning
and other acts required for the maintenance of said sign whether
done on site or in licensed contractor's place of business. If
the sign is not made to oonply with safety standards, the
director of code compliance shall require its removal in
accordance with this section.
2. Signs illuminated either internally or externally must be
capable of being fully illuminated and legible, the face(s)
intact (without holes or other exterior facial damage). Any
illuminated sign not in accordance with these and other
maintenance standards in this section shall be cited by the
director of code compliance and must be brought into compliance
with said standards or proof of a contract for repair and
9
PLANP 1% OMISSION R£SOLLT['ICN NO.
maintenance must be provided within 30 days or shall be subject
to abatement as a public nuisance. Illuminated signs that,
because of expired or damaged lighting elements, beanie non-
legible will be ordered to remain unlighted until repair.
3. In case of abandoned signs, the identification, name and copy
pertaining to the abandoned business must be removed and
replaced with a blank panel or white space within 30 days of
user vacancy. This does not apply to permanent, legal signage
or legal ncn-co for ing sign structures or sign cabinets. All
notices of violation must be sent by the director of code
compliance by certified mail. Any time periods provided in this
section shall be deemed to ocmnence on the day of the receipt of
the certified mail. Any person having an interest in the sign
or the property may appeal the citation ordering the removal of
compliance by filing a written notice of appeal with the
planning eamuission within 30 days after the date of mailing the
notice, or 30 days after receipt of the notice was not mailed.
4. When it is determined by the city that said sign shall cause
imminent danger to the public safety, and contact cannot be made
with a sign owner or building owner, no written entice shall
have to be served. In this emergency situation, the city may
correct the danger. The city shall cause to have removed any
sign that endangers the public safety, such as an abandoned,
materially dangerous electrically or structurally defective
sign. Any sign removed by the city pursuant to the provision of
this section shall become the property of the city and may be
disposed of in any manner deemed appropriate by the city. The
cost of the removal of any sign by the city shall be considered
a debt owed to the city by the owner of the sign and the owner
of the property and may be reoovered in an appropriate court
action by the city or by assessment against the property as
hereinafter provided. The cost of removal shall include any and
all incidental expenses incurred by the city in connection with
the sign's removal.
SECCICN 19: Ttgrt Section 25.68.440 Sign review criteria be and the same is
hereby amended as follows:
25.68.440 Sign review criteria.
All signs which are regulated by this chapter shall be subject to the
approval Of the design-review-beuerd architectural review commission
process. In approving or rejecting a particular sign permit, the
reviewing body shall utilize the following review criteria:
10
PLANNJw� aa+aSSICN RESOLLITION NO.
A. That the sign is necessary for the applicant's enjoyment of
substantial trade and property rights;
S. That the sign is consistent with the intent and purpose of this
chapter and title;
C. That the sign does not constitute a detriment to public health,
safety, and welfare;
D. That the size, shape, color, and placement of the sign is
compatible with and bears a harmonious relationship to the
neighborhood and other signs in the area;
E. That the size, shape, color, and placement of the sign is
compatible with and bears a harmonious relationship to the
neighborhood and other signs in the area;
F. That both the location of the proposed sign and the design of
its visual elements ( lettering, words, figures, colors,
decorative motifs, spacing, and proportions) are legible under
normal viewing oonditicns prevailing where the sign is to be
installed;
G. That the location and design of the proposed sign does not
obscure from view or unduly detract from existing or adjacent
Signs.
H. That the location and design of the proposed sign, its size,
shape, illumination, and color are compatible with the visual
characteristics of the surrounding area so as not to detract
from or cause depreciation of the value of adjacent developed
properties;
I. That the location and design of a proposed sign in close
proximity to any residential district does not adversely affect
the value or character of the adjacent residential district; and
i. That any neon signs shall be made an integral part of the
building design with careful attention to color, intensity of
light and the use of soft tones shall be encouraged. (Ord. 129
S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-
16.02).
11
i
PLAWD4G CJ+USSICN FESOUrICN NO. '
SECrICN 20: That Section 25.68.670 is hereby added:
Section 25.68.670 Amerdmnnts to be prospective only.
Lawful existing signs at the time of the adoption of any aTenck ent to
this chapter shall be deemed lawful rorouifonning uses and shall not
be made to comply, be removed or demolished except upon the altering
of the sign, copy, size, color or addition of new signage to the site
or structure upon which the nor=rnforming sign is located.
SE MON 21: That Section 25.68.760 Penalties be and the same is hereby amended
as follows:
25.68.760 Penalties.
Violations of any of the provisions of this chapter are misdemeanors
punishable as provided for in Section 1012.020.
SRS/tm
12
ORDINANCE No. 587
i
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING, AN AMEMM ENf
TO THE ZONING ORDINANCE TEXT RELATING TO AWNINGS
AND SIGNS SECTION 25.68.
CASE NO. ZOA 89-1
WHEREAS, the City Council of the City of Palm Desert, California, did on
the 28th day of September, 1989, hold a duly noticed public hearing to consider
an amendment of the Zoning Ordinance Section 25.68 relating to signs and
awnings; and
WHEREAS, said application has oamplied with requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89, " in that the director of community development has
determined the amendment to be a class 5 categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony arguments, if any, of all interested persons desiring to be heard,
said city council did find the following facts to justify its action as
described below:
1. That the Zoning Ordinance Amendment is consistent with the objectives
of the zoning ordinance.
2. That the Zoning Ordinance Amendment is consistent with the adopted
General Plan and affected Specific Plans.
3. That the Zoning Ordinance Amendment would better serve the public
health, safety, and general welfare than the current regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, as follows:
1. That the above recitations are true and correct and constitute the
consideration of the council in this case.
2. That it does hereby approve a Zoning Ordinance Text Amendment 89-1,
provided in the attached exhibit, labeled Exhibit "A" to amend
Municipal Code Section 25.68
3. These amendments are limited in their effect to regulating the
ocnstxuction of new on-premises advertising displays. A new on-
pred.ses advertising display means, for purposes of this section, a
display whose structure or housing has not been affixed to its
intended premises. Construction means, for purposes of this section,
the manufacturing or creation of a new on-premises advertising
display.
4. That notwithstanding the above noted section limiting the effect of
these amendments, any illegally installed signs may be abated
pursuant to section 25.68.
I
t OMINANfE NO. 587
5. The City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Palm Desert Post, a
newspaper of general circulation, published and circulated in the
City of Palm Desert, California, and shall be in full force and
effective thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 26th day of October, 1989, by the following vote, to wit:
AYES: BENSON, CRITES, KELLY, SNMER, WILSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
i
;e�OY ,
Mayor/
ATTEST:
S ILA R. GILLIGAN, Ci Clerk
City of Palm Desert, Cglifornia .
SRS/ton
2
Ordinance No. 587
Exhibit "A"
SECTION 1: That Sections 25.68.020 'J' , $T' and 'X' be and-tale
same are hereby amended to read as follows:
25.68. 020 Definitions.
J. That the word "pedestals" shall be added
after the word "up-right".
T. That the second sentence, which reads
"The top of a parapet wall shall be
considered the eave line" shall be deleted.
That the last sentence which reads "Where a
parapet wall is combined with a mansard roof,
the save line shall be the top of the
parapet" shall be deleted.
X. That the second sentence which reads
"The top of a parapet wall shall be
considered the save line" shall be deleted.
That the last sentence which reads "Where a
parapet wall is combined with a mansard roof,
the save line shall be at the top of the
parapet" shall be deleted.
SECTION 2: That Section 25.68.030 be and the same is hereby
amended to read as follows:
25 68 030 Sian permit procedure.
That the words "environmental services"
located at the end of the first sentence
shall be deleted and the words "community
development" shall be added after the words
"department of". That the words "one
thousand dollars" in the second sentence
shall be deleted and the words "one thousand
five hundred dollars" shall be added to the
second sentence after the words "Signs
exceeding". That the words "design review
board" shall be deleted from the second
sentence and the words "architectural review
commission" shall be added to the second
sentence after the words "through the". That
the words "environmental services" shall be
deleted from the third sentence and the words
ST2/15/10/18/89/ap -1-
"community development" shall be added to the
third sentence after the words "department
of".
SECTION 3 : That Section 25.68.030 "H" be and the same is hereby
amended to read as follows:
25.68.030
H. That the words "environmental services"
shall be deleted and the words "community
development" shall be added after the words
"department of".
SECTION 4: That Section 25.68.030 "I" be and the same is hereby
added to read as follows:
25.68.030
I. That the applicant provide a signed
statement from the property owner or his
authorized representative that he has
reviewed the proposal and approves of same
prior to each submittal to the city.
SECTION 5: That Section 25.70.020 dealing with architectural
commission membership be and the same is hereby amended to read
as follows:
25.70. 020 Membership.
That the following sentence shall be added
after the first sentence: "The non-architect
members shall include persons experienced
with color coordination, signage design and
visual merchandising. "
SECTION 6: That Section 25.68. 120 be and the same is hereby
amended to read as follows:
25 68 120 Permitted signs--Purpose.
That the following words shall be added after
the words "surrounding community" in the
third sentence: "with the goal being to
minimize visual pollution, the use of
lighting and excessive contrasting colors."
SECTION 7: That Section 25.68.230 be and the same is hereby
amended as follows:
ST2/15/10/18/89/ap -2-
e
25.68.230 Freestanding signs.
That the word "ten" shall be deleted and the
word "six" shall be added after the word
"exceed" and the words "or the height of the
adjacent building, whichever is less" shall
be deleted and the words "unless topographic
or other physical features existing
necessitating a higher sign but in no event
shall the total sign structure height exceed
ten feet from the ground. " -'a.a
after the words "in height
SECTION 8: That Section 25. 68.310 ! S z{ � a,
the same are hereby amended to read
25.68. 310 Freestanding sip
A.1. That the words "and
feet" shall be deleted fr
paragraph and the followi
a second sentence: "Maxim
signs shall be six (6) f4
topographic or other phye
necessitating a higher si
shall total sign structuw
(io) feet from the grounf
A.2. That the following shall De
end of the second sentence:"unless
topographic or other physical features exist
necessitating a higher sign but in no event
shall the total sign structure height exceed
ten (10) feet from the ground"-
D. That the word "detached" shall be
deleted and the word "freestanding" shall be
added in lieu thereof.
SECTION 9: That part "A" of section 25.68.390 of the code of
city—of Desert be and the same is hereby rescinded.
SECTION 10: That Section 25.68.480 be and the same is hereby
amended to read as follows:
25 68.480 Sian colors.
The the following sentence shall be added:
sign programs for commercial complexes,
shopping centers, other commercial/industrial
developments and individual businesses shall
ST2/15/10/18/89/ap -3-
s
be limited to not more than three (3) colors
which will minimize excessive contrast.
SECTION 11: That Section 25.68.490 be and the same is hereby
amended to read as follows:
25.68.490 Glare from signs.
The following sentence shall be added as a
second sentence: "internally illuminated
signs shall be limited to a maximum four
hundred thirty (430) million milliamps,
ballast and lamps".
SECTION 12 : That Section 25.68.520 (maximum sign area
limitation) is hereby rescinded.
SECTION 13 : That Section 25.68.350 be and the same is hereby
amended to read as follows:
25.68.350 Special event signs.
That the words "environmental services" shall
be deleted and the words "community
development" shall be added after the words
"director of". That the following sentence
shall be added after the second sentence:
"Signs approved under this section shall be
compatible and harmonious with the color of
the building and adjacent buildings".
SECTION 14: That Section 25.68.540 be and the same is hereby
amended to read as follows:
25.68.540 special permits.
pe
The second paragraph thereof shall be
deleted.
SECTION 15: That Section 25.68.570 be and the same is hereby
amended to read as follows:
25 68 570 Trade construction signs.
That the word "three" shall be deleted from
the second sentence and the word "sixteen"
shall be added after the words "not exceed"
in the second sentence. That the word
"eight" shall be deleted from the third
sentence and the word "five" shall be added
ST2/15/10/18/89/ap -4-
lJ
i
after the words "shall exceed" in the third
sentence.
SECTION 16: That Section 25. 68. 605 be and the same is hereby
added to read as follows:
25.68.605 Lottery signs.
In addition to the overall total sign area
allocated to a business, a business licensed
to sell California State Lottery tickets
shall be entitled to one (1) window or door
mounted lottery decal five and one-half (5})
inches by five and one-half (5h) inches and
no more than one specific identification
poster not to exceed twenty-seven (27) inches
by thirty-six (36) inches. "
SECTION 17: That Section 25.68.610 be and the same is hereby
amended to read as follows:
25.68.610 Si son awnn a mar ees
canon es arcades o i
r smilar Structures or
attachments.
A. All awnings or awnings with a sign(s)
must be reviewed and approved by the
architectural review commission. The awning
(sign) must be architecturally compatible
with the building and as a result an awning
may not be appropriate for every building.
H. Pursuant to Section 25.68.470 "Proper
maintenance of signs" awnings must be kept in
good repair and be clean and non-faded.
C. Awnings must be substantially attached
to the main building structure.
D. Awning lettering and numbers as well as
style and colors must aesthetically blend
with the building.
E. Latter height shall not exceed one-third
shall get and in no event
hl it exceed eight (8) inches.
F. Scalloping on awnings shall not be
pronounced.
ST2/15/10/18/89/ap -5-
s
G. Where applicable, awnings shall contain
street numbers four inches (4") in height
with the letter style helvetica medium or
eqivalent.
H. Awnings shall not contain phone numbers.
I. Street-drop type awnings (i.e.
canvas-vinyl signs) shall not be encouraged.
SECTION 18: That Section 25.68.606 be and the same is hereby
added to read as follows:
25.68.606 Bingo signs.
A maximum three (3) square foot sign
advertising an upcoming bingo event may be
installed, without permit, no more than
forty-eight (48) hours before the event and
must be removed immediately following the
event.
SECTION 19: That Section 25.68.607 be and the same is hereby
added to read as follows:
25 68 607 Lights outlining buildings/windows.
A. Flood lights and accent string lighting
outlining the building exterior or perimeter
and/or window areas must be integrated with
the building architecture and as such must be
reviewed and approved by the architectural
review commission. In no event shall
blinking, rotating, flashing or twinkling
lights be used.
B. During the period from Thanksgiving Day
until Now Years Day the above noted lights
may be displayed without review and approval
by the city.
SECTION 20: That Section 25.68.470 be and the same is hereby
amended to read as follows:
25 68 470 Proper maintenance of signs.
1. For the public health, safety and
welfare, every on-premise sign shall be
maintained in a safe, presentable and good
structural material condition at all times,
including the replacement of defective parts,
ST2/15/10/18/89/ap -6-
J
wiring, ballast, painting, repainting,
cleaning and other acts required for the
maintenance of said sign whether done on site
or in licensed contractor's place of
business. If the sign is not made to comply
with safety standards, the director of code
compliance shall require its removal in
accordance with this section.
2. Signs illuminated either internally or
externally must be capable of being fully
illuminated and legible, the face(s) intact
(without holes or other exterior facial
damage) . Any illuminated sign not in
accordance with these and other maintenance
standards in this section shall be cited by
the director of code compliance and must be
brought into compliance with said standards
or proof of a contract for repair and
maintenance must be approved within thirty
(30) days or shall be subject to abatement as
a public nuisance. Illuminated signs that,
because of expired or damaged lighting
elements, become non-legible will be ordered
to remain unlighted until repaired.
3. In case of abandoned signs, the
identification, name and copy pertaining to.
the abandoned business must be removed and
replaced with a blank panel or white space
within thirty (30) days of user vacancy.
This does not apply to permanent, legal
signage or legal non-conforming sign
structures or sign cabinets. All notices of
violation must be sent by the director of
code compliance by certified mail. Any time
periods provided in this section shall be
deemed to commence on the date of the receipt
of the certified mail. Any person having an
interest in the sign or the property may
appeal the citation ordering the removal of
compliance by filing a written notice of
appeal with the planning commission within
thirty (30) days after the date of mailing
the notice, or thirty (30) days after receipt
if the notice was not. mailed.
4. when it is determined by the city that
said sign shall cause imminent danger to the
public safety, and contact cannot be made
with a sign owner or building owner, no
ST2/15/10/18/89/ap -7-
i
r
written notice shall have to be served. In
this emergency situation, the city may
correct the danger. The city shall cause to
have removed any sign that endangers the
public safety,' such as abandoned, materially
dangerous electrically or structurally_ __
defective sign. Any sign removod by the city
pursuant to the provisions of this section
shall become the property of the city and may
be disposed of in any matter deemed
appropriate by the city. The cost of the
removal of any sign by the city shall be
considered a debt owed to the city by the
owner of the sign and the owner of the
property and may be recovered in an
appropriate court action by the city or by
assessment against the property as here and
after provided. The cost of removal shall
include any and all incidental expenses
incurred by the city in connection with the
sign's removal.
SECTION 21: That Section 25.68.440, the introductory paragraph
thereof be and the same is hereby amended and subparagraph 'J' is
hereby added, to read as follows:
' 25 68.440 Sign review criteria.
That the words "design review board" located
in the first sentence of the introductory
paragraph shall be removed and the words
"architectural review commission" shall be
inserted in the first sentence after the
words "approval of the".
J. That the following shall be added as
subparagraph 'J' : "That any neon signs shall
be made an aq P
integral art of the building
design with careful attention to color,
intensity of light and the use of soft tones
shall be encouraged. "
SECTION 22: That Section 25.68.760 be and the same is hereby
amended to read as follows:
25.68.760 Penalties.
violations of any of the provisions of this
chapter are misdemeanors punishable as
provided for in Section 10. 12.020.
10 18 89 a -8-
ST2/15/ / / / p
MEMORANDUM
TO : STEVE SMITH
FROM: RWH
DATE : AUGUST 25 , 1989
RE : SIGN ORDINANCE
I
OUR FILE NO. 72500 . 0330
The following proposed amendment to the Sign Ordinance
provides that amendments to the sign ordinance will. be applied
prospectively only. The amendment is intended to prevent
compensation , inventory, and abatement problems that would occur
under California law if amendments were applied to existing ,
conforming signs.
"25 68 670 Amendments to be prospective only. Lawful
existing signs at the time of the adoption of any
amendment to this chapter shall be deemed lawful
nonconforming uses and shall not be made to comply, be
removed or demolished expect upon the altering of the
sign, copy, size , color or addition of new signage to
the site or structure upon which the nonconforming sign
is located. "
1
RWH2/08/24/89/pam/3
MEMORANDUM
TO: WE and KLA
FROM: RWH
DATE: August 9 , 989
RE: City of Palm Desert/Sign ordinance Revisions
Our File: 72500. 0330
QUESTION PRESENTED
Discuss the legal ramifications of the various proposed
amendments to the Palm Desert Sign Ordinance.
SHORT ANSWER
As proposed, the amendments to the Palm Desert Sign
Ordinance would effect not only new signs, but already existing
signs. To the extent that the amendments require alteration or
abatement of existing legal signs, state law requires the City to
pay the owners the present cost of the sign. Also, if the
amendments effect existing signs, the City is required to provide
for the inventory, identification, and abatement of preexisting
illegal or abandoned signs.
To avoid the compensation, inventory, and abatement
problems, two alternatives are suggested:
1. Provide that the amendments are prospective only; or
2 . Implement the proposed changes by adopting the changes
as policies of the Architectural Review Board, not as amendments
to the ordinance.
DISCUSSION
Proposed amendments to the sign ordinance include limiting
signs to three colors, limiting free=standing signs in commercial
centers, reducing the size of trade construction signs, requiring
that awnings be reviewed by the Architectural Review Commission
("'ARC") , etc.
To the extent that the amendments change the criteria
regarding signs, existing legal signs may be rendered
nonconforming. As the current ordinance at 125.68 . 100 requires
abatement of any nonconforming signs, the amendments will compel
the abatement of presently-existing, conforming signs.
Any change in the existing ordinance that requires the
abatement of existing legal signs will invoke certain sections of
California's On-Premise Sign Law, Business i Profession Code
§5490, et seq. Section 5491 requires that the City pay to the
owner of any existing legal sign that is to be abated due to
changes in the ordinance the actual cost to duplicate that sign
plus the cost of removal and repair of damage to any remaining
real property. Section 5491,1 requires that if the City amends
the sign ordinance in a manner which effects legally existing
signs, the City must institute a program for the inventory,
identification, and abatement of preexisting illegal and
abandoned signs. Thus the proposed changes, to the extent that
they effect existing signs, will cause the City to institute
potentially costly compensation, inventory and abatement
programs.
RWHA/18/8-16-89 -2-
ti
Two alternatives are available to escape the consequences of
r the compensation, inventory, abatement sections discussed above.
one alternative is to provide that the amendments to the
ordinance be prospective only. As existing legal signs would not
be effected, the compensation and abatement section would not be
invoked.
The second alternative is not to amend the ordinance at all .
Most of the proposed changes could probably be implemented
through policy decisions of the Architectural Review Commission.
As such, the changes would be implemented only as to new signs.
The inventory, abatement, and compensation sections would not be-
invoked.
In the following sections, the legal ramifications of each
of the proposed amendments is discussed where appropriate.
Comments are included as to the feasibility of implementing the
change through the adoption of an architectural review commission
policy rather than a change in the ordinance.
INDIVIDUAL SECTIONS
Section 25.68.020. Various changes in definitions are
proposed. To the extent that the changes make existing signs
nonconforming, the City will be required to abate and compensate
the owners.
The Palm Desert Business Community Sign ordinance Task Force
("task force") recommends that its own definitions be used. I
could see little difference between the proposed ordinance
RWHA/18/8-16-89 -3-
1
3
definitions and the task force definitions. The task force
4
definitions would have to be conformed to the body of the
ordinance. "Monument Sign" would need to be included within
"free-standing sign" . "Mansard Sign" would need to be included
within "wall sign" . Definitions of "illegal sign" , "legal
nonconforming sign" , and "illuminated architectural canopy sign"
are not germane to the body of the ordinance.
it is unclear whether the proposed definitional changes
could be effectively implemented through changes in the ARC
policies.
Section 25 . 68. 030. Section 25. 68.030 would require the
applicant to provide a signed statement from the property owner
that he approves each submittal to the City. This change would
not effect existing legal signs and therefore would not invoke
the inventory, abatement and compensation problems. This section
probably could be implemented as a permit-application policy of
the Department of Environmental Services.
Section 25.68 . 100. This section regards the abatement of
illegal signs. Enforcement authority would be transferred from
the director of environmental services to the director of code
compliance. This change would not invoke the inventory,
abatement, and compensation problems. This change could be
implemented by an interdepartmental agreement, as the current
section provides for enforcement by the authorized representative
of environmental services.
RWHA/18/8-16-89 -4-
1
r�
Section 25. 68. 120. Permitted Signs -- Purpose. The
proposed change would add the words "with the goal being to
minimize visual pollution, the use of lighting and excessive
contrast in colors" to the overall sign approval criteria . As
the change is a statement of policy, not a specific limitation,
it would not invoke the inventory, abatement, and compensation
problems. The change could be implemented by the adoption of the
policy by the ARC as the change is consistent with other criteria
set forth in the ordinance.
Section 65. 68 . 230. Free-Standing Signs. Changes in this
section will limit free-standing signs to provide commercial-
center identification only, or individual business identification
in the case of individual businesses on its own separate
property. This change would render nonconforming all existing
legal free-standing signs that do not comply with its provisions,
i.e. , free-standing signs that provide individual business
identification in commercial centers, free-standing center signs
that specify specific tenants, etc. Under the current abatement
section, section 25.68. 1000 those newly nonconforming signs would
have to be abated. Such abatement would invoke the inventory,
abatement and compensation problems discussed above.
While the changes in this section could be adopted as
policies of the ARC under "Signs Relationship to the Overall
Appearance of the subject Property" criteria of section
25. 68 . 120, it would be awkward to do so given the extensive
changes contemplated in this section.
RWRA/18/8-16-89 -5-
1
Section 25. 68 . 480. Sian Colors. This section would limit
signs to three colors, where no limitation presently exists.
Such a limitation would probably render nonconforming numerous
existing signs, and invoke the inventory, abatement and
compensation problems.
This change could be adopted as a policy by the ARC under
the "compatible design, simplicity, and sign effectiveness"
criteria of section 25. 68 . 120 and the sign review criteria
enumerated in section 25 . 68 .440.
Section 25. 68 . 540. Special Permits. Proposed changes to
this section would include the regulation of "going out of
business" signs and limit the number of days that temporary signs
may be displayed. As changes in this section would not effect
existing legal signs, the inventory, abatement and compensation
problems would not arise.
These changes could probably be implemented on the policy
level .
Section 25. 88. 570. Trade Construction Signs. Changes to
this section would augment the square footage but reduce the
height of construction signs. As construction signs are
temporary in nature, the problems of inventory, abatement, and
compensation would not be invoked by changes to this section.
Augmentation of the square footage cannot be implemented by
a policy of the ARC. Diminution in height could be achieved
under other criteria proscribed for signs in general .
RWHA/18/8-16-89 -6-
i
Section 25. 68 . 610 . Signs on Awnings, Marquis, Canopies,
Arcades or Similar Structures or Attachments. Under these
changes, regulation of awnings becomes much more explicit. Many
existing awnings may not meet the new requirements. Hence these
changes could trigger the inventory, abatement and compensation
problems. Most of the changes could be implemented as policy of
the ARC based on a creative reading of the criteria presently in
place.
Section 25. 68 . 605. Lottery Signs. (I have requested
information from the California State Lottery regarding their
requirements as to signage. Govt. Code 18880.69 specifically
provides that provisions of the lottery law preempt conflicting
local regulation. )
Section 25.68.606. Bingo Signs. This provision would not
effect existing signs. No unfavorable legal ramifications are
foreseen.
Section 25. 68. 607 . Lights outlining Buildings/Windows.
currently there is no section that explicitly regulates lights
outlining buildings. To the extent that existing lights would be
rendered nonconforming by this proposed section, the changes
would raise the inventory, compensation, and abatement problems.
This section probably cannot be implemented by policy at the ARC
level .
RWHA/18/8-16-89 -7-
9
PENALTIES
It has been suggested that the penalty provisions of the
sign ordinance be increased for persons installing signs before
obtaining approval or for installing signs different from that
approved.
The penalty provisions of the ordinance need to be reworked.
Section 25 . 68 .760 provides that persons violating the ordinance
are subject to the provisions of section 1. 12 .020. Section
1 . 12 . 020 provides that persons convicted of a misdemeanor for
violation of an ordinance of the City are punishable by a fine of
not more than $500. 00 or by imprisonment not to exceed six
months, or both. However, the sign ordinance does not provide
that violation of the ordinance is a misdemeanor. Therefore,
courts would not likely enforce section 25. 68.760.
Section 8. 20. 020(L) in the chapter regarding public
nuisances provides that any violation of the city sign ordinance
is an unlawful public nuisance. Section 8.20. 190 provides that
anyone who permits or allows the existence of a _public nuisance
on his or her property is guilty of a misdemeanor and, upon
conviction, shall be subject to the penalty provided in Chapter
1. 12 . 020 of the Code, cited above. So anyone who erects a sign
without proper approval would be guilty of creating a public
nuisance and subject to fine and imprisonment.
Declaring unpermitted signs to be public nuisances is a
round-about way of enforcing the sign ordinance. The sign
RWHA/18/8-16-89 -8-
ordinance would be more effective if an effective penalty
provision were written directly into section 25 .68.760. Section
25 . 68 . 760 could be amended to read:
Any person, firm or corporation that violates
any provision of this chapter is guilty of a
misdemeanor and, upon conviction thereof,
shall be subject to penalty as provided in
Chapter 1. 12 of this code, as amended from
time to time. Any sign that is constructed
or changed in violation of this chapter may
be summarily abated, at the discretion of the
enforcing authority.
II
RWHA/18/8-16-89 -9-
,
74
Co
PALM DESERT BUSINESS COMMUNITY SIGN ORDINANCE TASK FORCE
REPORT AND RECOMMENDATIONS
TO THE
CITY OF PALM DESERT
Regarding: Approval of amendments to the Sign Ordinance, Section 68, as it
applies to signs and awnings
Item L The Task Force
A. Participants in the Task Force and in the formation of this report include
the following:
1. Sandy Baum - Suncastle Real Estate
2. Claude Browning - George Elkins Property Management
3. Daniel L. Ehrler - Palm Desert Chamber of Commerce
4. Jim Engle - Imperial Sign Company
S. Larry Grotbeck - El Paseo Business Association
6. Dan Henderson - D.J. Enterprises
7. Robert Keenan - Sign Users Council of California
8. Dave Newsome - Ahmanson Commercial Development Company
9. Donald Rowan - Great Western Real Estate
Item IL The Phxxw
The Task Force met May 10, 1989, and reviewed the proposed amendments.
The following recommendations were agreed upon by consensus. Unless otherwise
indicated, the recommendations were unanamous. When there was a minority
opinion on an item, it is so stated.
r
r
The Task Force received the first draft for review and any revisions. The
Task Force met, again, to finalize the report and recommendations. The final
draft is now before the City's Sign Ordinance Subcommittee for review and
discussion with the Task Force.
Item III. Recommendations
This section consists of the sign ordinance section and proposed revisions.
Following each section(s) will be the recommendation(s) or comment(s) from
the Task Force.
SECTION 25.68.020.
J. "Freestanding sign" means a sign supported by up-right pedestals
or braces placed upon or into the ground and detached from any
building.
T. "Roof sign" means a sign affixed on, above, or over the roof of any
building, or any sign affixed to the wall of a building so that it projects
above the eave line of a roof.
The lowest point of a mansard style roof
shall be considered the eave line.
X. "Wall sign" means a sign attached to or erected on the exterior wall
of the building or structure or on a canopy marquee or similar overhang
with the exposed face of the sign in a plane approximately parallel
to the plane of the exterior wall and not extending above the eave
line. •
The lowest part of a mansard-style roof shall be considered the eave
line. •-the-
6-we ligs shen be the ter of the pa pet (Ord. 129 SS (part). 1977:
Ord. 98 Sl (part), 1975: Exhibit A 525.38.225.)
'J", "T" and "X": Clarification is needed. Should be more specific. The Task
Force recommends the following definitions as provided by the Sign Users Council of
California.
tr
l
DEFINITIONS
These definitions shall pertain to "on-premise advertising displays" only as
defined by State Law or common use among the industry, sign users and local and
county governments. (As noted).
SIGN: Means any structure, housing, sign, device, figure, statuary, painting,
display, message placard, or contrivance, or any part thereof, which is intended
or used to advertise, or provide data or information in the nature of advertising,
for any of the following purposes:
1. To designate, identify, or indicate the name of business of the owner
or occupant of the premises upon which the advertising display is located.
Z. To advertise the business conducted, services rendered, or goods produced,
sold, or available for sale upon the property upon which the advertising
display has been lawfully erected. (State Law).
FREESTANDING SIGN: Any sign erected and mounted directly to the ground
and not attached in any manner to a building. These signs are mounted on or
attached to one or more uprights, i.e. pole sign, detached sign. pylon sign or
ground sign. All such signs must have air space immediately below the sign
face and the ground. See Monument Sign.
MONUMENT SIGN: Any freestanding sign that is mounted directly upon the
ground and that has a solid base which contains no air space between the sign
face and the ground.
e
f
ROOF SIGN: Any sign erected upon, over or directly above the roof and roof
line or above the parapet of a building so as to change the original building
silhouette.
WALL SIGN: A sign erected upon or attached in any manner to an exterior
wall or building elevation that is on a plane approximately parallel to the plane
of the exterior wall or building elevation and that does not extend above the
roof line or parapet.
MANSARD ROOF: An architectural appendage attached to a building with
a sloped decorative roof element attached to the face of a building.
MANSARD SIGN: Signs affixed to a mansard roof and are considered wall signs.
ABANDONED SIGN: See State Law B & P Code Chapter 2.5 Section 5490.
(f) and Chapter 2.6 section 5499.1 (2).
ILLEGAL SIGN: See State B & P Code Chapter 2.5 Section 5497, Section (a)
through (i) and Chapter 2.6 Section 5499.1 (a).
LEGAL NON CONFORIQNG SIGN: Any sign that was legally erected under
an existing code but does not meet the criteria of any subsequent sign code.
These signs are deemed legal by State Law and may not be required to conform
or be abated or amortized out of existence provided they are maintained.
B & P Code Chapter 2.5 Sections 5491, 5491.1, 5491.2. 5492, 5493, 5494.
C1
Section to be added to the new or revised Palm Desert Sign Code as man-
dated by State Law (B & P Code Chapter 2.5 Section 5491.1)
Further definition will be made available upon request. Drawings for each definition
are still not complete but the language can move forward without them. Check
with the local fire department for their definition for a roof. This might help
in securing signs or mansard roofs as wall signs.
ILLUMINATED ARCHITECTURAL CANOPY SIGN: An internally illuminated
canopy that contains identification or advertising copy. Copy area is only that
area that contains copy and shall be considered a wall sign provided that the
structure is attached to the exterior wall of a building with the exposed face
in a plane approximately parallel to the plane of the exterior wall.
NOTE: Contact your local Department of Weights and Measures for the State
Law and requirements for service station GAS PRICE SIGNING.
Section ZS.68.030 Sip permit Procedure.
Subsection I will be added:
L That the applicant provide a signed statement from the
property owner or his authorized representative that he
has reviewed the Proposal and approves of same prior to
each submittal to the city.
The Task Fares has a number of comments and recommendations. They
include the following:
t '
A. A set of parameters or guidelines, for small businesses should be established
so the business can receive approval for signage without going through
the full sign-approval process. "Keeping it simple" could help the approval
process efficiency level for up to, potentially, 80% of all applicants.
B. When it is deemed necessary, the Architectural Review commission needs
to be utilized. The Task Force recommends A.R.C. membership include
personnel experienced with color coordination, design signage and visual
merchandising, architects and a business-community representative.
The A.R.C. size should be increased to seven(7) members.
SECTION 25.68.100 ABATEMENT OF ILLEGAL SIGNS.
The director of envirenmentai-serviees code compliance shall see
that this chapter is enforced. He shall not permit, and shall abate,
any sign within the city which fails to meet the requirements of this
chapter or other applicable law.
The director of envirnamente>1-aerA so code compliance, or his
authorized representative, shall remove any temporary sign for
which a sign permit has not been obtained as required by this
chapter. The director of envirenmenta:ses lees code compliance,
or his authorized representative, shall notify the owner or user of
a permanent sign which has been installed without the acquiring
of a sign permit that the illegal sign shall be removed within
ten days. Upon receipt of this notice, the owner or user of a
permanent sign that is determined to be illegal does have the
right to appeal the decision or notice within ten days thereafter
to the city council pursuant to the provisions of Chamber 8.20
of this code. Any illegal permanent signs existing prior to the
enactment of this chapter shall not be abated by the city until
one year after February 24, 1977. (Ord. 129 S4(part), 1977:
Ord. 98 Sl (part), 1975: Exhibit A 525.38-6).
The Task Force recommends that section 5497 of the state code be utilized:
,
5497. Ordinance or regulations requiring uncompensated removal of displays
meeting certain criteria:
A city or county,whose ordinances or regulations were introduced or adopted
after March 12, 1983, or any amendments to those ordinances and regulations,
is not in violation of section 5491 if it elects to require the removal, without
compensation, of any on-premise advertising display which meets any of the
following criteria:
(a) Any advertising display erected without first complying with all ordinances
and regulations in effect at the time of its construction and erection or use.
(b) Any advertising display which was lawfully erected anywhere in this
state, but whose use has ceased, or the structure upon which the display has
been abandoned by its owner, for a period of not less than 90 days. Costs incurred
in removing an abandoned display may be charged to the legal owner.
(c) Any advertising display which has been more than 50 percent destroyed,
and the destruction is other than facial copy replacement, and the display cannot
be repaired within 30 days of the date of its destruction.
(d) Any advertising display whose owner, outside of a change of copy, requests
permission to remodel and remodels that advertising display, or expand or
enlarge the building or land use upon which the advertising display is located,
and the display is affected by the construction, enlargement for remodeling,
or the cost of construction, enlargement, or remodeling of the advertising display
exceeds 50 percent of the cost of reconstruction of the building.
(e) Any advertising display whose owner seeks relocation thereof and relocates
the advertising display.
I
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(f) Any advertising display for which there has been an agreement between
the advertising display owner and the city or county, for its removal as of any
given date.
(g) Any advertising display which is temporary.
(h) Any advertising display which is or may become a danger to the public
or is unsafe.
(i) Any advertising display which constitutes a traffic hazard not created
by relocation of streets or highways or by acts of any city or county.
0) Ordinances adopted by a city within three years of its incorporation,
which incorporation occurs after March 12, 1982, shall not be subject to Section
5491 except as provided by Section 5494.
(Added by Stats.1983, c. 1232, 4 1.)
(k) Notwithstanding subdivision 0). for any city or county incorporated after
January 1, 1989, an ordinance initially adopted within three years of incorporation,
or any amendment thereto within that tbree-year period, may require removal
without compensation,except that no removal without compensation may be
required within 15 years from the effective date of that.ordimceor amendment.
(Added by Stats.1988)
Section M6LIZO Permitted Signs -Ptrpoee.
No signs shall be erected or maintained in any zone as established
by the zoning ordinance except those signs specifically enumerated
in this chapter. The number and area of signs as outlined in this chap-
ter are intended to be maximum standards which do not necessarily
ensure architectural compatibility. Therefore, in addition to the enum-
erated standards, consideration shall be given to a sign's relationship
to the overall appearance of the subject property, as well as the surr-
ounding community aith the goal being to minimize visual pollution,
the use of the lighting and excessive contrasting colors. Compatible
design, simplicity, and sign effectiveness are to be used in establish-
ing guidelines for sign approval. (Ord. 129 S4(part), 1977: Ord. 98
S1(part), 1975: Exhibit A S25.38-9).
- 9 -
The Task Force has two opinions of this section.
A. Majority: Agrees with 25.68.120 language as it reads and believes it shows
good intent.
B. Minority: Believes the section should be deleted entirely. In its place
should be the first paragraph of Section 25.68.010.
25.68.010 intent and purpose. This chapter is intended to implement the goals
and policies of the general plan, particularly with regard to developing a city
that is visually attractive and preserving and enhancing the visual aspects of
the city's streets and highways. This chapter is also intended to provide for
a more orderly presentation of advertising displays and identification on proper-
ties within the city which are zoned commercial, industrial, and residential;
to bring those devices in harmony with the building, the neighborhood, and other
signs in the area; to protect the general welfare of the businessmen and residents
within the same area, as well as the citizens of Palm Desert, and to do so by
regulating and controlling the location, design, quality of materials, illumination,
and maintenance of signs and sign structures. (Ord. 129 44(part), 1977: Ord.
98 41 (part), 1975: Exhibit A §25.38-1).
Section 25.68.230 feestanding signs.
Except for otherwise specified height limitations, freestanding
signs shall not be located on the public right-of-way and shall not
exceed ten six feet in height or the height of the adjacent build-
ing, whichever is less (Ord. 129 S4(part). 1977: Ord. 98 Sl(part),
1975: Exhibit A S25.38-11.05.)
The Task Force believes 'ten' feet should remain. Also, clarification is
needed regarding this section.
Section Z30 above deals with freestanding signs in 'other resi-
dential zones". Presently, Freestanding signs in commercial
areas are covered under two sections: 310 and 390.
Section 310 basically deals with the general commercial zone
while section 390 deals with larger parcels of land (i.e.: district
and regional centers PC zone and industrial parks). The sub-
committee felt that the two sections should be replaced
with a consolidated section using some of the restrictions
from each.
The goal of this new section on freestanding signs will be to
provide center identification only, or individual business identi-
fication in the case of individual businesses on its own sep-
arate property. In the case of center identification signs gen-
eral types of tenants may be described but no specific tenant
names may be used.
The new section 25.68.310 Freestanding signs will read:
A. A building, commercial complex, shopping center or
other commercial or industrial developments housing
more than one (1) tenant and having frontage on a
public street shall be entitled to one freestanding
sign on each street frontage to identify the build-
ing, commercial/industrial complex, or shopping
center. The area of such sign(s) to be deter-
mined as follows:
1. Freestanding signs for buildings, commercial com-
plexes, shopping centers and other commercial/
industrial developments located on less than
five acres of property shall not exceed one-half
the total allowable signage of the front of the
building and shall be subtracted there from and
in no event exceed fifty (50) square feet and a
height of six (6) feet.
2. Freestanding signs for buildings, commercial
complexes, shopping centers and other comm-
ercial industrial developments housing more
than one tenant located on five acres of land
or more shall be allowed one identification sign
on each right-of-way with an allowable sign
area based on a ratio of ten square feet per
acre to a maximum of 100 square feet. Max-
imum height of these signs shall be six feet.
B. Individual businesses located on their own individual prop-
erty, having frontage on a public street and individual (un-
shared) access from said public street shall be entitled to
a freestanding sign subject to the area and height limits
delineated in part 1 and 2 of subsection W above, as may
be applicable based on the area of the site.
C. When approving any freestanding sign the Architectural
Review Commission shall affirmatively make the finding
that said approval shall visually enhance the aesthetic quality
of the property on which the sign is to be located.
D. All detached freestanding signs shall be placed within a per-
manently landscaped area of not less than twenty-four square
feet, and be architecturally compatible with the buildiing or
complex and not encroach in the public right-of-way.
The Task Force recommends that the current language should be retained,
and the proposed language not be implemented.
For additional input, please refer to the following letter:
May 3, 1989
"Dear Dan:
Here are a couple of notes concerning the sign ordinance.
Section ZS.68.310
A. In addition to a sign on each street frontage
there should also be a provision for a sign from
a parking lot such as President's Plaza.
I also have a hard time with the idea of having the redevelopment agency
fund a program for manufacturing and installing signs.
Ella Manor"
Section 2&6E.4a0 Sign colors.
Sign programs for commercial complexes shopping centers,
other commercial/industrial developments and individual
businesses shall be limited to not more than three (3) colors
which will minimize excessive contrast.
The Task Force recommends that the new language not be implemented
and that the current language be retained.
r
Section 25.69.490.
This section is under review with a view to reducing glare
and light intensity and establishing measurable criteria
on which to evaluate the signs. This information will fol-
low when compiled.
The Task Force recommends this section's continuance as currently written.
Section 25.68.520 Maximum sign area limitation.
Unless-etherwlse-a u t herited-br4h4&ehep terrregerdlees-ef
the tai e ►ll__e _eeeted.-ne s gn'shall-eneeed the i-
ntify-the use
(Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit
A S25.38-16.11).
The Task Force agrees with the deletion.
Section 25.68.540 Special permiti. '
Nothing contained in this chapter shall prevent the city council
from granting a temporary special permit or otherwise permitting
on such terms as it deems proper, signs or the like advertising
or pertaining to any civic, patriotic, or special event of general
public interest taking place within the boundaries of the city
when it can be found that same will not be materially detrimental
to the public welfare, interest, or safety, nor injurious to adjacent
property or improvements.
Grand opening and _going out of business' signs may be ap-
proved by the director of envirenmental-serriees communi-
t develo ment subjeel-te-apprep 4ate-eenditiens. Ord. 129
S4 part , 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-
16.13).
Signs approved under this section must be compatible and
harmonious with the color of the building and adjacent
buildings. Said signs will be strictly limited to the num-
ber of days they may be displayed as well as other appro-
oriate conditions.
y
Generally, the Task Force agrees with the section and its revisions. However,
it has two opinions regarding the number of days "Grand Opening" and "Going
out of Business" signage should be up.
Majority: Recommends Grand Opening = 30 days maximum; Going Out of
Business = 60 days maximum.
f s be specified for either type of
Minority: Recommends no number o day sp yp
signage.
Section 25.68.570 'bade construction signiL
One unlit sign advertising the various construction trades
shall be permitted on construction sites during the period
that valid building permit approval exists. Such signs shall
not exceed three fifteen square feet per twenty thousand
square feet of land area with a maximum of Thirty-two
square feet in area and shall be removed before a notice
of completion is issued for the building being construc-
ted. No trade construction sign shall exceed eight five
feet in height. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part),
1975: Exhibit A S25.38-17).
The Task Force recommends there should be a 3Z square foot minimum and
a.maximum of 64 square feet for the permitted trade construction sign on a
site. The permitted height should be 12 feet.
Section ZL68.610 Sims on awntneag marquees. cammies,
arcades or simiLr structures or attachemeuts.
A. All awnings or awnings with a sign(s) must be reviewed
and approved by the Architectural Review Commission.
The awning(sign) must be architecturally compatible
with the building and as a result an awning may not be
appropriate for every building.
& Pursuant to section 25.68.470 "proper maintenance of
signs" awnings must be kept in good repair and be clean
and non-faded.
f
C. Awnings must be substantially attached to the
main building structure. (Task Force recommends
"awnings must be attached to the satisfaction of
the Building and Safety Director".)
D. Awning lettering and numbers as well as style
and colors must aesthetically blend with the
building.
E. Letter height shall not exceed one-third (1/3) of
the awning height and in no event shall it exceed
eight (8) inches.
F. Scalloping on awnings shall not be pronounced.
G. Where applicable, awnings shall contain street num-
bers four inches W) in height with a letter style
helvetica medium or equivalent.
H. Awnings shall not contain phone numbers.
L Straight drop type awnings (i.e. canvas-vinyl signs)
are prohibited.
The Task Force has chosen to reflect comments and recommendations from
Task Force members:
A. We agree that awnings on buildings and signage on awnings are significant.
elements within a streetscape and can make a major contribution to
the character of the environment. The color and letterstyle of the awning
and sign should be a sophisticated statement that is a reflection of the
character of the merchandise or quality of the service that is offered.
Limiting colors to only those that "blend' with the building would require
merchants to forfeit the opportunity to create distinctive, tasteful identifi-
cation elements that are so important in a strong pedestrian area. Generous
street amenities and strong visual key factors in enti-
cing shoppers to spend more time strolling. A merchant's sign or awning
are as important in attracting a customer as is the merchandise on display
or service offered behind the front door.
J
1
We recommend that the color restrictions on awnings not be imposed, nor
should there be limitations for awnings with scalloped edges. The Architectural
Commission can "weed out" unacceptable colors, letterstyle combinations and
sloppy edge treatments as they are submitted. We also recommend that the
letter height not be restricted to 8", but be restricted by the overall proportion
of the word(s) to the awning size, the style of the awning and the degree of
contrast between the letters and the background material. An 8" letter may,
in some cases appear too large, in others too small. Also, the context of the
awning is extremely important when considering the appropriate letter size
and color.
When reviewing awnings, the following should be considered:
1. The movement of vehicular and pedestrian traffic;
2. sight line obstructions, both temporary and permanent;
3. architectural features of the base building;
4. the number of directions from which the awning/sign will be viewed;
S. landscaping and lighting;
6. sun orientation;
7. relationship to othe buildings and signs.
Because the judgement of these elements requires knowledge of color theory,
design principles and retailing fundamentals, its our belief that consideration
must be given to structuring the Architectural Commission with personnel that
is experienced in dealing with these elements.
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B. 1. No provisions are made for logos and we assume that size, color and
placement will be considered on a case by case basis.
2. Color of awning should not be limited to those that "blend" with the
building. Contrasting colors when properly chosen for tone and inten-
sity create a tasteful statement while drawing attention to the business.
We STRONGLY recommend one or more members of the Architectural
Commission possess interior design or color scehme skills so decisions
can be made concerning color, logo size, and awning design compat-
ibility with the structure.
3. Twelve inch maximum letter height not to exceed one-third of awning
height.
!. Straight drop awning if properly designed and tailored for a specific
building can be both attractive and effective (i.e. Andrew Lawrence).
See Z. above for design skills necessary on the commission to make
these decisions.S. We encourage the use of street numbers on awning where building
numbers are obscure.
C. A. Guidelines are needed.
B. Agree with H. Phone numbers are out of place on an awning.
C. Awnings are needed.
1. Businesses need to promote themselves and awnings assist that effort.
D. D - 'aesthetically': Subjectivity is burdensome and conflicting. Also costly.
E. E - Eight inch (8"): Too small. Could be dangerous.
F. I - "straight drop": Further definition needed.
G. Policy is restrictive.
H. F - If business is type that pronounced scalloping on awning follows
its theme, it should be approved.
1. "Pronounced" - need for clarification of definition.
I. A - Which buildings are not entitled to an awning?
J. B - Agree.
K. C - Awnings which fit into scheme of setting but are not attached
meet a need and can be useful to area.
L. G - 4" is very small. Could be dangerous.
M. G and H Awning should not contain both address and phone number.
In conclusion, the Task Force will come to the joint Task Force-City meeting
with specific language proposals on section 25.68.610.
Section Z5.68.605 Lottery sits.
Banners, window signs and wall signs promoting or adver
tieing the California State Lottery must be reviewed and
approved pursu mt to this section. Lottery signs will be
included in the overall total sign area allocated to the
business based on its frontage.
The Task Ibrce recommends that the second sentence be removed. We also
recommend that '...approved pursuant to this section' be replaced with "...approval
not to exceed State Lottery requirements.'
I
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Section 2S.68.606 Bingo signs.
A maximum three (3) square foot sign advertising an upcoming
bingo event may be installed, without permit, no more than
forty-eight (48) hours before the event and must be removed
immediately following the event.
Acceptable.
Section ZS.68.607 Lights outlining buildings/windows.
A. Flood lights and accent string lighting outlining the build-
ing exterior or perimeter and/or window areas must be
integrated with the building architecture and as such must
be reviewed and approved by the Architectural Review
Commission. In no event shall blinking, rotating, flash-
ing or twinkling lights be used.
B. During the period from Thanksgiving Day until New Years
Day the above noted lights may be displayed without re-
view and approval by the city.
Acceptable.
OTHER ISSUES (FROM CrrY STAFFS PROPOSALS):
One of the major concerns of the subcommittee involved
awning and sign maintenance. Staff will be stepping up
enforcement in this regard through the use of the existing
code section. Should this section prove inadequate then new
language will be provided. This section will also be used to
get building owners to cover over empty sign cabinets and to
keep clocks and fountains in repair and working order.
The city attorney will be asked to review the penalty section
of the ordinance with a view to increasing same for persons
installing sign before obtaining approval or for installing
signsdifferetr from that approved.
In an effort to upgrade signs in certain sections and blocks
of the city, the redevelopment agency will be asked to
fund a program which would establish a uniform sign
program and cover the cost of manufacturing and instal-
ling the signs.
The subcommittee also reviewed in detail the issue of the
use of neon but could not come to conclusion on it. Gener-
ally it was felt that neon should not be totally prohibited
a
in that there may be instances where it could be arch-
and compatibly integrated with the de-
sign of the building. This issue should be discussed
and included in the package sent on to the city council.
Regarding paragraph one, the Task Force wishes to refer to the sign maintenance
and repair material from the Sign Users Council of California and recommends
its usage:
1. For the public health, safety and welfare, every on-premise sign shall be
maintained in a safe, presentable and good structural material condition
at all times, including the replacement of defective. parts, wiring, ballast,
painting, repainting, cleaning and other acts required for the maintenance
of said sign whether done on site or in licensed contractor's place of business.
1 with safety standards, the Director o f Code
If the sign is not made to comply y
6 p
Compliance shall require its removal in 'accordance with this section.
Z. Signs illuminated either internally or externally must be capable of being
intact without holes or other exterior
full illuminated and legible, the face(s) a
Y �
facial damage). Any illuminated sign not in accordance with these and other
maintenance standards in this section shall be cited by the Director of Code
Compliance and must be brought into compliance with said standards or proof
of a contract for repair and maintenance must be provided within 30 days
or shall be subject to abatement as a public nuisance. Illuminated signs that,
because of expired or damaged lighting elements, become non-legible will
be ordered to remain unlighted until repair.
3. In case of abandoned signs, the identification, name and copy pertaining to
the abandoned business must be removed and replaced with a blank panel
or white spac6 within 90 days of user vacancy. This does not apply to permanent,
legal signage or legal non-conforming sign structures or sign cabinets. All
notices of violation must be sent by the City Director of Code Compliance
by certified mail. Any time periods provided in this section shall be deemed
to commence on the day of the receipt of the certified mail. Any person having
an interest in the sign or the property may appeal the citation ordering the
removal of compliance by filing a written notice of appeal with the Planning
Commission within 30 days after the date of mailing the notice, or 30 days
after receipt of the notice was not mailed.
4. When it is determined by the city that said sign shall cause imminent danger to
the public safety, and contact cannot be made with a sign owner or building
owner, no written notice shall have to be served. In this emergency situation,
the city may correct the danger. The city shall cause to have removed any
sign that endagers the public safety, such as an abandoned, materially dangerous
electrically or structurally defective sign. Any sign removed by the city pur-
suant to the provision of this section shall become the property of the city
and may be disposed of in any manner deemed appropriate by the city. The
cost of the removal of any sign by the city shall be considered a debt owed to
the city by the owner of the sign and the owner of the property and may be
recovered in an appropriate court action by the city or by assesment against
the property as hereinafter provided. The cost of removal shall include any
and all incidental expenses incurred by the city in connection with the sign s
removal. Regarding paragraph four, the Task Force makes the following
recommendations:
1. Every exposed (visible) neon tubing sign should go through the Architectural —�
Review Commission.
2. This signage type should be approved and permitted.
Item M Conclusion:
The Palm Desert Business Community Sign Ordinance Task Force cares
deeply about the significance of the proposed sign ordinance amendments.
Just as strong as our belief is for the ability of a business to appropriately identify
itself, we believe Palm Desert deserves the best in quality and excellence.
There is no reason why we cannot achieve both.
Ili
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CITY OF PALM DESERT
IMAR24EM OF CliIQRY DEVEIrQ ANT
SnW RHO'
TO: Planning Canmissicn
DATE: April 18, 1989
CASE NO: ZOA 89-1
REJIESP: Approval of ameni:1ments to the sign Ordinance, Section 68, as it
applies to signs and awnings.
APPLICANT: City of Palm Desert
I. BAQQGROLhD:
At the direction of the city council a suboamiittee comprised of two
architectural Commission members and two city oounril rtian" : was created.
This subcommittee has met several times, and proposed a series of wide
ranging amendments. The proposed awning revisions were forwarded to the
El Passo business group, as well as presented to the chamber. Cats on
the awning waxbents have been reoaived (see letters attached) . In
addition both groups were advised that amendments to the sign ordinance in
general were also in the works.
W-die we will be amending many sections of the Ordinance we are also going
to prodtce a summary of the key elements of the Ordinance so that the
public in general will have a better understanding. In addition, some of
the little used sections of the present ordinance will be dusted off and
as a result on-going mainbananoe of signs and awnings will be required,
submittals to the ARC will need to be much mare owplets and confusing
sections of the Ordinance will be explained throngs the use of diagrams.
I.I. PtDpISED AFF]DPSM
New sections, phrases Or words will be underlined so as to minimize
repetition. DeleticM will be struck cut.
Section 25.68.020.
J. "Freestanding sign" means a sign supported by up-right pedestals or
braces placed upon or into the ground and detached from any building.
T. "Roof sign swans a sign affixed on, above, Or over the roof of any
building, or any sign affixed to the wall of a building so that it
projects above the eave line of a roof. Aye-bep-eFc-perepeti+ei
'fie lowest point of a mansard
style roof shall be Considered the eave line. Were-n-Pnrepe!-«el}
fa-eenabfned-+rffiFr$-ward-ieE�-�>e•�sa�e fire-OFF-be-fitfe-�og-of
tk e-pemmel.
STAFF RFYOtT
ZOi1 89-1
APR. 18, 1989
X. "Wall sign" means a sign attached to or erected on the exterior wall
Of the building or structure or on a canopy marquee or similar
overhang with the exposed face of the sigh in a plane approximately
parallel to the plane of the exterior wall and not extending above
the save line. PF+e-be�o��-parapet-aril-�hs��-be-eanidesfihe
eevo-1- +e. The lowest part of a mansard-style roof shall be
considered the save line. wall-is�enbte�d-wit}�s
IIMMW -reef--fihMo-eevr �e-eFse�b-be-tl�o-#r�p o�1��e rnpet. (Ord.
129 S5(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-2--
25.38-225. )
Section 25.68.030 Sigh permit procedure.
Subsection I will be added:
I. That the applicant provide a sighed statement from the property owner
or his authorized representative that he has reviewed the proposal
and approves of same prior to each submittal to the city.
25.68.100 Abatement of illegal signs.
The director of ewvhonnenlak-se vieee code compliance shall see that this
chapter is enforced. He shall not permit, and shall abets, any sigh
within the city which fails to meet the raquiswenits of this chapter or
other applicable law.
The director of wwkmmmntab-ssrvfeee code compliance, or his authorized
representative, shall remove any temporary sigh for which a sigh permit
has not been obtained as required by this chapter. The director of
e�vfxenea+f -saev4eee code compliance, or his authorized representative,
shall notify the owner or user of a permenaht sigh which has been
installed without the acquiring of a sigh permit that the illegal sigh
shall be removed within ten days. Upon receipt of this notice, the owner
or user of a pa®mamI sign that is determined to be illegal does have the
right to appeal the decision or notice within ten days thereafter to the
city oourc:il p mpAunt to the proviaiaa of Chapter 8.20 of this code. Any
illegal pamahaht alga existing prior to the aacbment of this chapter
shall not be abated by the city until coo year altar February 24, 1977.
(Ord. 129 84(part), 1977: Ord. 98 S1(part), 1975: Exhibit A S25.38-6).
2
i
STAFF FFF21CRP
ZOA 89-1
APRIL 18, 1989
25.68.120 Permitted signs--Purpose.
No signs shall be erected or maintained in any zone as established by the
zoning ordinance except those signs specifically enumerated in this
chapter. The number and area of signs as outlined in this chapter are
intended to be maximum standards which do not necessarily ensure
architectural compatibility. Therefore, in addition to the enumerated
standards, consideration shall be given to a sign's relatiaiship to the
overall appearance of the subject property, as well as the surrounding
ammanity with the goal being to minimize visual pollution, the use of
lighting and excessive ccn+*'�a+{*>;* colors. Compatible design, simplicity,
and sign effectiveness are to be used in establiahirng guidelines for sign
approval. (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A
S25.38-9).
25.68.230 Freestanding signs.
Except for otherwise specified height limitations, freestanding signs
shall not be located on the public right-of-way and shall rot exceed ten
six feet in height or the height of the adjacent building, whichever is
less. (Ord. 129 54(part), 1977: Ord. 98 S1(part), 1975: Exhibit A
S25.38-11.05. )
Section 230 above deals with freestanding signs in "other residential
zones".
Presently, Freestanding signs in oa m erns al areas are covered under two
sections: 310 aryl 390.
Section 310 basically deals with the general oanmercial acne while section
390 deals with larger parcels of land (i.e.: district and regional
centers PC zone and industrial pemime). The subcommittee felt that the two
sections should be replaced with a consolidated section using same of the
restrictions from each.
The goal of this now section an freestanding signs will be to provide
center identification ally, or individual business identification in the
case of individual businesses on its own separate property. In the case
of canter identification signs general types of tanents may be described
but no specific bonent noose may be used.
The new section 25.68.310 FYeestarndin3 signs will real:
A. A building, Com Ornial Complex, shopping center or other C=nercial
cr indu_gtr al developments housing more than one ( 1) tenant and
3
I
STAFF EMFCRr
ZOA 89-1
APRIL 18, 1989
having frontage on a public street shall be entitled to one
freestanding sign on each street frontage to identify the building,
camie=ial/i^Lg*r+al omplex, or stopping center. The area of such
sign(s) to be determined as follows:
1. Freestanding signs for buildings, oamwcial omplexes, stopping
centers and other oomnrcial/in&aatrial developments located on
less than five acres of property shall not exosed one-half the
total allowable signaga of the front of the building and shall
be subtracted therefram and in no event exceed fifty (50) square
feet and a height of six (6) feet.
2. Freestanding signs for buildings, O=wrcial complexes, shopping
centers and other oc marclal industrial developments housing
more than one tenant located on five acres of land or more shall
be allowed one identification sign an each right-of-way with an
allowable sign area based an a ratio of trn square feat per acre
to a maxim-In of 100 square feat. MaxLnm height of th=s signs
shall be six feet.
B. Individual businesses located on their own individual property,
having frontage on a public street and individual (unshared) access
from said public street shall be entitled to a freestanding sign
subject to the area and height limits dalinsated in part 1 and 2 of
subsection "A" above, as may be applicable based on the area of the
site.
C. When approving any freestanding sign the architectural review
oamtission shall affirmatively make the finding that said approval
shall visually enhance the aesthetic quality of the property on which
the sign is to be located.
D. All 8> d freestanding signs shall bo plawd within a paxmanently
landscaped area of not lc= that twonly-four equare feet, and be
architecturally capatible with thn building or complex and not
a=oerh in the public right-of-way.
Secticn 25.68.480 Sign colors.
Sign progrww for commercial oomplozoo, shopping centers other
commercial/industrial d�volapmarts end individual business stall be
limited to not morn than thres (3) coloxn which will minimize encessive
oontrast.
4
STAFF ter
T.OA 89-1
APRIL 18, 1989
Section 25.68.490.
This section is under review with a view to reducing glare and light
intensity and establishing measurable criteria on which to evaluate the
signs.
This information will follow when compiled.
25.68.520 Maximum sign area limitation.
Hn�ese�+nrwix-ansti�feed-E7`#Mretnpber,-segerdiees-of-�2�e�aee�+Frse
loeetsd,--na-afgen- ll-�eoeed�1�+e1nea4n�r-es t�ee:eseesy�o det tfY-�+e
use. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit -A
S25.38-16.11).
25.68.540 Special permits.
Nothing contained in this chapter shall prevent the city council from
granting a temporary special permit or otherwise permitting on such terns
as it deans proper, signs or the like advertising or pertaining to any
civic, patriotic, or special event of general public interest taking place
within the boundaries of the city when it can be found that same will not
be materially detrimental to the public welfare, interest, or safety, nor
injurious to adjacent prnper�y or improvements-
cud opening and "going out of business" signs may be approved by the
director of onvisenneetal--services com uxity development subject-to
ap eprlate-Clsditiane. (Ord. 129 S4(part), lTn: Ord. 98 Sl(part),
1975: Exhibit A S25.38-16.13).
Sions approved under this section mist be compatible and harmonnicus with
the color of the building and adjacent buildings. Said signs will be
strictly limited to the number of days they may be displayed as well as
other appropriate conditions.
25.68.570 Trade conetrvction signs.
One unlit sign advertising the various construction trades shall be
permitted on construction sites during the period that valid building
permit approval exists. Such signs shell not exceed three fifteen square
feet per twenty thousand square feet of land arse with a maximum of
thirty-two square feet in area and shall be removed before a notice of
completion is issued for the building being constructed. No trade
5
STAFF RE CRr
ZOA 89-1
APRIL 18, 1989
Construction sign shall exceed eight five feet in height. (Ord. 129
S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-17).
Section 25.68.610 Signs on awninns, marquees canopies arcades or similar
structures or attachments.
A. All awnings or ardngs with a sign(s) must be reviewed and approved
by the architectural review commission. The awning (sign) must be
architecturally compatible with the building and as a result an
awning may not be appropriate for every building.
B. Pursuant to section 25.68.470 "Proper maintene oe of signs" awnings
must be kept in good repair and be clean and rrn-faded.
C. Awnings must be substantially attached to the main building
structure.
D. Awning lettering and members as well as style and colors must
aesthetically blend with the building.
E. Letter height shall not exceed one-third (1/3) of the awning height
and in no event shall it en need eight (8) inches.
F. Scalloping on awnings shall not be pronaroed.
G. Where applicable, awnings shall contain street Mmbers four inches
(4") in height with a letter style halvetica medium or equivalent.
H. Awnings shall not oohtain phones members.
1. Straight drop type awnings (i.e. canvas-vinyl signs) ars prohibited.
Section 25.68.605 Lottery signs.
Banners, window signs and wall signs promoting or advertising the
California Lottery must be reviewed and approved pursuant to this section.
Lottery signs will be included in the overall total sign area allocated to
the business based an its frontage.
Section 25.68.606 Bingo signs.
A maximum three (3) square foot sign advertising an upcoming bingo event
6
fE
STAFF FOP
ZDA 89-1
APRIL 18, 1989
may be installed, without permit, no rtnae than forty-eight (48) hours
before the event and must be removed immediately following the event.
Section 25.68.W7 Lights outlining buildings/windows.
A. Flood lights and accent string lighting outlining the building
exterior or perimeter and/or window areas must be integrated with the
building architecture and as such must be reviewed and approved by
the architectural review commission. In no event shall blinking,
rotating, flashing or twinkling lights be used.
B. During the period from nw ksgiving Day until New Years Day the above
noted lights may be displayed without review and approval by the
city.
III. OTHM LSSU S.
One of the major oo x=Tz of the abooamittes inwlved awning and sign
maintenance. Staff will be stepping up enfarosment in this regard through
the use of the existing code section. Should this section prove
inadequate then new language will be provided. This section will also be
used to get building owners to carer over empty sign cabinets and to keep
clocks and fountains in repair and wcWking Older.
The city attorney will be asked to review the penalty section of the
ordinance with a view to increasing sere for persons installing signs
before obtaining approval or for installing signs different from that
approved.
In an effort to upgrade signs in certain sections and blacks of the city,
the redevelopment agency will be asked to fund a program which would
establish a uniform sign program and oo w the cost of manufacturing and
installing the signs.
The anbootmtitt7ae also reviewed in detail the issue of the use of neon but
could riot come to closure m it. Generally it was felt that neon should
not be used at all on freestanding signs. Same manners felt that rem
should not be totally prohibited in that theca may be instances where it
could be arrhitsct<rally and orntpetiblY integrated with the design of the
building. This issue should be discussed and included in the package sort
on to the city council.
7
, I
STAFF REPORr
ZOA 89-1
APRIL 18, 1989
IV. ITION•
A. That all portions of the purposed amendment except those dealing with
awnings be continued to a date certain to allow the various business
groups to review and comment an the proposed c angel.
B. That the planning commission recommend to the city council approval
Of an ordinance sMandTmt establishing new criteria for awning review
and approval.
V. AT1ACHMERM:
A. Draft resolution.
B. Legal entice.
C. Correspaxdence.
D. Exhibits.
Prepared by
Reviewed and Approved by
/ten
8
AUG- 19-91 MON 22 : 15 Book Publ Ishin9 Co _ P _ 02
August 19, 1991
Sheila Gilligan
Michelle Skramstad
City Clerk's office
FAX: (619 ) 340-0574
Dear Michelle:
Per our telephone conversation earlier today, I am faxing
you my solution to the query regarding Ord. 637 Sections 3
and 4. in summary, Sections 3 and 4 of Ord. 637 contain
codi£iable material relating to the amendments set out in
the attached exhibits. The affected Code sections are
25.68.310 and 25.68 .490. There was no delicate way to in-
corporate these sections into the text without making as-
sumptions about the attorney's intent, so we chose to in-
clude the information in editor's notes. If we are not
advised otherwise, we will print it as it is.
Following are the other questions we talked about:
Ord. 621 establishes a 25 mph speed zone of Shadow Mountain
Drive between Portola and Highway 74 . As far as I can
discern, this stretch of roadway has already been cited in
your code under both a 25 mph zone and a 35 mph zone. we
will delete the 35 mph entry and leave the 25 mph entry as
it stands unless you request that we handle this different-
ly.
Ord. 618 (F) , broken, cracked or spilled concrete or
asphalt surfacing; . . . " Should "spilled" be "split"?
Ord. 637 S8 . Paragraph 2 under subsection E: 7000, 000.
Should be 7,000,000 or 700, 000?
1 look forward-to-hearing from you.
Sincerel , ` -��u 1
nni r williams
dit �1' ) v
CIRDIN NCE ND. 637
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO THE ZONING ORDINANCE TEXT
RELA=,G TO AWNINGS AND SIGNS SECTION 25.68.
CASE NO. : ZOA 89-1
WHEREAS, the City Council of the City of Palm Desert, California, did
on the 28th day of September, 1989, hold a duly noticed public hearing to
consider an amendment to the Zoning Ordinance Section 25.68 relating to
signs and awnings; and
WHEREAS, said application has complied with requirements to the "City
of Palm Desert Procedures to Implement the California Environmental Quality
Act, Resolution No. 80-89", in that the director of community development
has determined the amendment to be a class 5 categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony arguments, if any, of all interested persons desiring to be heard,
said city mil did find the following facts to justify its action as
described below:
1. That the Zoning Ordinance Amendment is consistent with the
objectives of the zoning ordinance.
2. That the Zoning Ordinance Amendment is consistent with the adopted
General Plan and affected Specific Plans.
3. That the Zoning Ordinance Amendment would better serve the public
health, safety, and general welfare than the current regulations.
NOW, TFEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, as follows:
1. That the above recitations are true and correct and constitute the
consideration of the council in this case.
2. That it does hereby approve a Zoning Ordinance Text Amendment 89-
1, provided in the attached exhibit, labeled Exhibit "A" to amend
Municipal Code Section 25.68.
3. These amerminents are limited in their effect to regulating the
construction of new on-premises advertising displays. A new on-
premises advertising display means, for purposes of this section,
a display whose structure or housing has not been affixed to its
intended premises. Construction means, for purposes of this
section, the manufacturing or creation of a new on-premises
advertising display.
�I
ORDINANCE NO. : 637 d
4. That notwithstanding the above noted section limiting the effect
of these amendments, any illegally installed signs may be abated
pursuant to section 25.68.
5. The City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Palm Desert Post, a
newspaper of general circulation, published and circulated in the
City of Palm Desert, California, and shall be in full force and
effective thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this llth day of April, 1991, by the following vote,
to wit:
AYES: BENSON, CRITES, SNYDER
NOES: NONE
ABSENT: KELLLY
ABSTAIN: WILSON
GALTER H. SNYDER, Mayor
ATTEST:
HEILA Rj ILLIGAN, City Clerk
City of Za_Un Desert, California
SS/db
2
5 ORDINANCE NO. : 637
EXHIBIT "A"
Section 8 of Ordinance 587 shall read as follows:
SECTION 8: That Section 25.68.310 Freestanding signs be and the same
is hereby amended to read as follows:
A. A building, commercial complex, shopping center or other
commercial or industrial developments housing more than one
(1) tenant and having frontage on a public street shall be
entitled to one freestanding sign on each street frontage to
identify the building, commercial/industrial complex, or
shopping center. The area of such sign(s) to be determined
as follows:
1. Freestanding signs for buildings, commercial complexes,
shopping centers and other commercial/industrial
developments located of less than five acres of property
shall not exceed one-half the total allowable signage of
the front of the building and shall be subtracted
therefrom and in no event exceed fifty (50) square feet.
Maximum height of these signs shall be six (6) feet
unless topographic or other physical features exist
necessitating a higher sign but in no event shall total
sign structure height exceed then (10) feet from the
ground.
2. Freestanding signs for buildings, commercial complexes,
shopping centers and other commercial/industrial
developments housing more than one tenant located on
five acres of land or more shall be allowed one
identification sign on each right-of-way with an
allowable sign area based on a ratio of ten square feet
per acre to a maximman of 100 square feet. Maximum
height of these signs shall be six feet unless
topographic or other physical features exist
necessitating a higher sign but in no event shall the
total sign structure height exceed ten feet frrm the
ground.
B. Individual businesses located on their own individual
property, having frontage on a public street and individual
(unshared) access from said public street shall be entitled
to a freestanding sign subject to the area and height limits
delineated in part 1 and 2 of subsection "A" above, as may be
applicable based of the area of the site.
3
ORDINANCE NO. : 637
C. When approving any freestanding -i the architectural review
commission shall affirmatively ::ace the finding that said
approval shall visually enhance the aesthetic quality of the
property on which the sign is to be located.
D. All freestanding signs shall be placed within a permanently
landscaped area of not less than twenty-four square feet, and
be architecturally compatible with the building or complex
and not encroach in the public right-of-way.
E. Notwithstanding the limit of one sign on each right-of-way
when a shopping center or industrial park has street frontage
on any one street in excess of 1600 feet then an additional
sign shall be permitted subject to the signs being separated
by a mrdmu m distance of 400 feet.
In of centers in the regional oannercial zone having
over 700W, square feet of gross leasable retail floor
area, ter identification signs may contain the name
of tenants and/or activities conchicted within the center
which operate during evening hours.
Section 9 of Ordinance 587 shall read as follows:
_ACTION 9: That Section 25.68.390 be and the same is hereby rescinded.
Section 11 of Ordinance 587 shall read as follows:
SECTION 11: That Section 25.68.490 be and the same is hereby amended
to read as follows:
25.68.490 Glare fran Signs:
The following sentence shall be added as a second sentence:
"Internally illuminated signs shall be limited to a maximum
four hundred thirty (430) milliamps ballast and lamps".
SS/db
4
AUG- 19-91 MON 22 - 15 Hook Publishing Co . P . 03
25.68.270
§ 4 (part), 1977: Ord. 98 § 1 (part), 1975: Exhibit A § 2. Freestanding signs for buildings,commercial com.
25.38-12.01) plexes,shopping centers and other commercial/industrial
developments housing more than one tenant located on
25.68.280 i<'rootage on two or more streets. five acres of land or more shall be allowed one identifica-
A business is a building facing on more than one tion sign on each right-of-way with an allowable sign area
right-of-way shall be allowed the authorized sign area on based on a ratio of ten square feet per acre to a maximum
each street which it faces; provided, that the areas may of one hundred square feet. Maximum height of theses
not be accumulated on one right-of-way and shall not signs shall be six feet unless topographic or other physical
exceed the allowed area of any one right-of-way.Location features exist necessitating a higher sign but in no event
and design of such sign combinations must be approved shall the total sign structure height exceed ten feet from
by the design review board process so as to eliminate clutter the ground.
and incompatibility of signs. (Ord, 129§4(part), 1977: B, individual businesses located on their own individual
Ord. 98 § 1 (part), 1075: Exhibit A § 25.38-12.02(A)) property,having frontage on a public street and individual
(unsharcd)access from the public street shall be entitled
25.68.290 Alternative sign area allocution for to a freestanding sign subject to the area and height limits
small commercial complexes. delineated in subsections (A)(1) and (2) of this section,
Owners of multitenant buildings or commercial complex- as may be applicable based on the area of the situ.
es,may divide the total sign area allocated to the building Q When approving any freestanding sign the atchitec-
street frontage(per Section 25.68.270)among the various tuW review commission shall affirmatively make the finding
tenants to allow tenants not having street frontage to have that the approval shall visually enhance the aesthetic quality
slgnage on said street. of the property on which the sign is to be located.
Said signs must meet all other requirements of this A. All freestanding signs shall be placed within a
chapter. (Ord. 272 (part), 1981) permanently landscaped area of not less than twenty-four
square feet, and be architecturally compatible with the
25.68.300 Height—Wail signs. building or complex and not encroach in the public right-of-
The top of such signs shall not be higher than the cave way,
line of the building on which it is located as measured from E. Notwithstanding the limit of one sign on each right-
the underside of the cave and in no event higher than twenty of-way when a shopping center or industrial park has street
feet See the definition of wall sign for clarification of cave frontage on any one street in excess of one thousand six
line and see Section 25,68.050 for special circumstances hundred feet, then an additional sign shall be permitted
for unique roof designs.(Ord. 129§4(part), 1977:Ord. subject to the signs being separated by a minimum distance
98 § 1 (part), 1975: Exhibit A § 25.38.12.03(A)) of four hundred feet.
In the case of centers in the regional commercial zone
25.68.310 Freestanding sign&* having over seven hundred thousand square feet of gross
A. A building,commercial complex,shopping center leasable retail floor area, the center identification signs
or other commercial or industrial developments housing may contain the name of tenants and/or activities conducted
more than one tenant and having frontage on a public street within the center which operate during the evening hours.
shall be entitled to one freestanding sign on each street (Ord.637§§2(Exhibit A§8),1991;Ord.272(part),1981:
frontage to identify the building, oommercial/industrial Ord.129§4(part).1077:Ord.98§1(part),1975:Exhibit
complex, or shopping center. The area of such sign(s) A §25.38-12.03(B))
to be determined as follows:
1. Freestanding signs for buildings,commercial eom- •Editof's Note: Sections 3 and 4 of Ord.637,which amends Ibis
plexcs,shopping centers and other commercial/industrial "ion,read as toaowo:
developments located on less than five acres of property S. Thew amendments are limited in tbcir effect to regulating the
oonsWction of new on ptemises advertising displays.A new on-premises
shall not exceed one-half the total allowable signage of advertising display means,for the purposecof this sodbga display whose
the front of the building and shall be subtracted therefrom gtmdwe or housing has not boon affixed to its Intended premises.
and in no event exceed fifty square feet.Maximum height Construdim means,for the purposes of this section,the manufacturing
of these signs shall be six feet unless topographic or other or creation of a iew on•premiscs advertising display,
physical features exist necessitating a higher sign but in 4. Notwithstanding the above noted section limiting the effect of
no event shall total sign structure height exceed ten feet these amendments,any illegally installed signs may be abated pumam
to Section 25.63.100.
from the ground.
(Palm Dccen 9.91) 446
AUG- 19-91 MON 22 : 16 Book Publimhlnv Co . P . 04
25.68.470
repair and maintenance must be approved within thirty 25.68.490 Glare from Sips.*
days or shall be subject to abatement as a public nuisance. All illuminated signs in all zones shall be designed in
Illuminated signs that, because of expired or damaged such a manner as to avoid undue glare or reflection of light
lighting elements, become nontegible will be ordered to on private property in the surrounding area; in no event
remain unlighted until repaired, shall any sign exceed ton candlepower at ten feet from
C. In case of abandoned signs,the identification,name the face of the sign. internally illuminated signs shall be
and copy pertaining to the abandoned business must be limited to a maximum four hundred thirty million mAliamps,
removed and replaced with a blank panel or white space ballast and lamps.(Ord. 637§2(Exhibit A§ 11), 1991;
within thirty days of user vacancy. This does not apply Ord.587§2(Exhibit A§ 11), 1989:Ord. 129§4(part),
to permanent,legal signage or legal nonconforming sign 1977:Ord.98§ I (part), 1975: Exhibit A§25,38-16.08)
stmctures or sign cabinets, All notices of violation must
be sent by the director of code compliance by certified •11411or's Note. Scctlons 3 and 4 of Ord.637,which amends this
mail. Any time periods provided in this section shall be section.read as follows;
deemed to commence on the date of the receipt of the 3. 71"amendments arc limited in their effect to regulating the
certified mail. Any person having an interest in the Sign 0onstm`x'onof now oa-premisesadverlisingduplays.A new on•pwmiscv
advemsingdisplay means,for the purposes of this section,a display whale
or the property may appeal the citation ordering the removal structure or housing hm not been at fixed to its intended promises.
of compliance by filing a written notice of appeal with Construelioa meaas,for the purposcs of this section,the manufacturing
the planning commission within thirty days after the date or creation of a caw on-promises advertising display,
of mailing the notice, or thirty(30) days after receipt if 4, Notwithstanding the above noted section limiting the affect of
the notice was not mailed. these amendments,any illegally installed signs may be abated putsaant
to Section 25.68.100.
D, When it is determined by the city that said sign
shall cause imminent danger to the public safety, and 25.68.500 Location of right-angle signs.
contact cannot be made with a sign owner or building Right-angle signs on faces of buildings shall not extend
owner,no written notice shall have to be served. In this over eighteen inches beyond the face of the building where
emergency situation,the city may correct the danger.The located,except for pedestrian-oziented signs.No right-angle
city shall cause to have removed any sign that endangers sign shall extend below eight feet from the sidewalk or
the public safety,such as abandoned,materially dangerous the right-of-way.Right-angle signs supported by posts or
electrically or structurally dofectivc sign.Any sign removed standards shall not extend beyond the property line or into
by the city pursuant to the provisions of this section shall the public right-of-way.(Ord. 129 §4 (part), 1977: Ord,
become the property of the city and may be disposed of 98 § 1 (part), 1975: Exhibit A § 25.38-16.09)
in any matter deemed appropriate by the city. The cost
of the removal of any sign by the city shall be considered 25.68.510 Obstmetion of passage.
a debt owed to the city by the owner of the sign and the Signs shall not be constructed so as to obstruct any door,
owner of the property and may be recovered in an appropri- window,or fire escape of any building.(Ord,129§4(part),
ate court action by the city or by assessment against the 1977:Ord.98§ I (part), 1975:Exhibit A§75,38-16.10)
property as here and after provided.The cost of removal
shall include any and all incidental expenses incurred by 25.68530 Exceptions to sign limitations,
the city in connection with the sign's removal,(Ord.587 Nothing contained in this chapter shalt prevent the
§20, 1989: Ord. 129§4(part), 1977:Ord. 98§ 1 (part), erection,construction,or maintenance of official traffic,
1975: Exhibit A § 25.38-16.05) fire,and police sign,temporary traffic-control signs used
during construction and maintenance of utility facilities
25.68.480 Sign colors.
and substructure location and identification signs and
The number and type of colors used shall be as approved
markers required to protect these facilities, devices, and
by the architectural commission Sign programs for oommcr- markings of the state Department of Transportation, the
cial complexes, shopping centers, other commer- city council,or of other competent public authorities,or
cial/industrial development and individual business shall the posting of the notices required by law. (Ord. 129 §
be limited to not more than three colors which will mini- 4 (part), 1977: Ord. 98 § 1 (part), 1975: Exhibit A §
mize excessive contrast. (Ord. 587§2(Exhibit A§ 10), 25.38-16,12)
1989;Ord.422 Exhibit A§5,1985:Ord.272(part),1981:
Ord. 129§4(partX 1977:Ord.98§I(part),1975:Exhibit 25.68,540 Special permits.
A § 25.38-16.06) Nothing contained in this chapter shall prevent the city
(Palm Ca«n 8.91) 450
ORDII +IM NI). 637
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO THE ZONING ORDINANCE TEXT
RELATING TO AWNINM AND SIGNS SECPION 25.68.
CASE NO. : ZQA 89-1
WHEREAS, the City Council of the City of Palm Desert, California, did
on the 28th day of September, 1989, hold a duly noticed public hearing to
consider an amendment to the Zoning Ordinance Section 25.68 relating to
signs and awnings; and
WHEREAS, said application has complied with requirenents to the "City
of Palm Desert Procedures to Implement the California Environmental Quality
Act, Resolution No. 80-89", in that the director of commn-dty development
has determined the amer0ment to be a class 5 categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony arguments, if any, of all interested persons desiring to be heard,
said city council did find the following facts to justify its action as
described below:
1. That the Zoning Ordinance Amendment is consistent with the
objectives of the zoning ordinance.
2. That the Zoning Ordinance Amendment is consistent with the adopted
General Plan and affected Specific Plans.
3. That the Zoning Ordinance Amendment would better serve the public
health, safety, and general welfare than the current regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, as follows:
1. That the above recitations are true and correct and constitute the
consideration of the council in this case.
2. That it does hereby approve a Zoning Ordinance Text Amendment 89-
1, provided in the attached exhibit, labeled Exhibit "A" to amend
Municipal Code Section 25.68.
3. These amendments are limited in their effect to regulating the
construction of new on-premises advertising displays. A new on-
premises advertising display means, for purposes of this section,
a display whose structure or housing has not been affixed to its
intended premises. Construction means, for purposes of this
section, the manufacturing or creation of a new on-premises
advertising display.
ORDDPMM NO. : 637 !
4. That notwithstanding the above noted section limiting :he effect
of these amendments, any illegally installed signs may be abated
pursuant to section 25.68.
5. The City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Palm Desert Post, a
newspaper of general circulation, published and circulated in the
City of Palm Desert, California, and shall be in full force and
effective thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this llth day of April, 1991, by the following vote,
to wit:
AYES: BENSON, CRITES, SNYDER
NOES: NONE
ABSENT: KELLY
ABSTAIN: WILSON
WALTER H. SNYDER, Mayor,
ATTEST:
HEILA R ILLIGAN, Cit1 Clerk
City of a Desert, California
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I�
` OFMDQr10E NO. : 637
M -
EXHIBIT "A"
Section 8 of Ordinance 587 shall read as follows:
SECTION 8: That Section 25.68.310 Freestanding signs be and the same
is hereby amended to read as follows:
A. A building, commercial complex, shopping center or other
commercial or industrial developments housing more than one
(1) tenant and having frontage on a public street shall be
entitled to one freestanding sign on each street frontage to
identify the building, commercial/industrial complex, or
shopping center. The area of such sign(s) to be determined
as follows:
1. Freestanding signs for buildings, commercial complexes,
shopping centers and other commercial/industrial
developments located on less than five acres of property
shall riot exceed one-half the total allowable signage of
the front of the building and shall be subtracted
therefrom and in no event exceed fifty (50) square feet.
Maximum height of these signs shall be six (6) feet
unless topographic or other physical features exist
necessitating a higher sign but in no event shall total
sign structure height exceed then (10) feet from the
gam-
2. Freestanding signs for buildings, commercial complexes,
shopping centers and other commercial/industrial
developments housing more than one tenant located on
five acres of land or more shall be allowed one
identification sign on each right-of-way with an
allowable sign area based on a ratio of ten square feet
per acre to a maximum of 100 square feet. Maxmum
height of these signs shall be six feet unless
topographic or other physical features exist
necessitating a higher sign but in no event shall the
total sign structure height exceed ten feet from the
ground-
B. Individual businesses located on their own individual
property, having frontage on a public street and individual
(unshared) access from said public street shall be entitled
to a freestanding sign subject to the area and height limits
delineated in part 1 and 2 of subsection "A" above, as may be
applicable based on the area of the site.
3
OanIINANCE NO. : 637 /
C. !.. �n approving any freestanc ng M the architectural review
cannission shall affirmatively ..aKe the finding that said
approval shall visually enhance the aesthetic quality of the
property on which the sign is to be located.
D. All freestanding signs shall be placed within a permanently
landscaped area of not less than twenty-four square feet, and
be architecturally caapatible with the building or crntplex
and not encroach in the public right-of-way.
E. Notwithstanding the limit of one sign on each right-of-way
when a shopping center or industrial park has street frontage
on any one street in excess of 1600 feet then an additional
sign shall be permitted subject to the signs being separated
by a minimum distance of 400 feet.
In the case of centers in the regional camiercial zone having
over 7000,000 square feet of gross leasable retail floor
area, said center identification signs may contain the name
of tenants and/or activities concfiicted within the center
which operate during evening hours.
Section 9 of Ordinance 587 shall read as follows:
-CPION 9: That Section 25.68.390 be and the same is hereby rescinded.
Section 11 of Ordinance 587 shall read as follows:
SECTION 11: That Section 25.68.490 be and the same is hereby amended
to read as follows:
25.68.490 Glare from Signs:
The following sentence shall be added as a second sentence:
"Internally illuminated signs shall be limited to a maximum
four hundred thirty (430) milliamps ballast and lamps".
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO THE ZONING ORDINANCE TEXT
RELATING TO AWNINGS AND SIGNS SECTION 25.68.
CASE NO. : ZOA 89-1
WHEREAS, the City Council of the City of Palm Desert, California, did
on the day of , 1991, hold a duly noticed public hearing
to consider an amendment to the Zoning Ordinance Section 25.68 relating to
signs and awnings; and
WHEREAS said application ha
s as complied with requirements to the City
of Palm Desert Procedures to Implement the California Environmental Quality
Act, Resolution No. 80-89", in that the director of community development
has determined the amendment to be a class 5 categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony arguments, if any, of all interested persons desiring to be heard,
said city council did find the following facts to justify its action as
described below:
1. That the Zoning Ordinance
once Amendment is consistent
stent with the
objectives of the zoning ordinance.
2. That the Zoning Ordinance Amendment is consistent with the adopted
General Plan and affected Specific Plans.
3. That the Zoning Ordinance Amendment would better serve the public
health, safety, and general welfare than the current regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, as follows:
1. That the above recitations are true and correct and constitute the
consideration of the council in this case.
2. That it does hereby approve a Zoning Ordinance Text Amendment 89-
1, provided in the attached exhibit, labeled Exhibit "A" to amend
Municipal Code Section 25.68.
3. These amendments are limited in their effect to regulating the
construction of new on-premises advertising displays. A new on-
premises advertising display means, for purposes of this section,
a display whose structure or housing has not been affixed to its
intended premises. Construction means, for purposes of this
section, the manufacturing or creation of a new on-premises
advertising display.
ORDTIV0 E NO.
4. That notwithstanding the above noted section limiting the effect
of these amendments, any illegally installed signs may be abated
pursuant to section 25.68.
5. The City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Palm Desert Post, a
newspaper of general circulation, published and circulated in the
City of Palm Desert, California, and shall be in full force and
effective thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this day of 1991, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
WALTER H. SNYDER, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
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ORDINANCE NO.
EXHIBIT "A"
Section 8 of Ordinance 587 shall read as follows:
SECTION 8: That Section 25.68.310 Freestanding signs be and the same
is hereby amended to read as follows:
A. A building, commercial complex, shopping center or other
commercial or industrial developments housing more than one
(1) tenant and having frontage on a public street shall be
entitled to one freestanding sign on each street frontage to
identify the building, commercial/industrial oamplex, or
shopping center. The area of such sign(s) to be determined
as follows:
1. Freestanding signs for buildings, commercial complexes,
shopping centers and other commercial/industrial
developments located on less than five acres of property
shall not exceed one-half the total allowable signage of
the front of the building and shall be subtracted
therefrom and in no event exceed fifty (50) square feet.
Maximum height of these signs shall be six (6) feet
unless topographic or other physical features exist
necessitating a higher sign but in no event shall total
sign structure height exceed then (10) feet from the
ground.
2. Freestanding signs for buildings, commercial complexes,
shopping centers and other commercial/industrial
developments housing more than one tenant located on
five acres of land or more shall be allowed one
identification sign on each right-of-way with an
allowable sign area based on a ratio of ten square feet
per acre to a maximum of 100 square feet. Maximum
height of these signs shall be six feet unless
topographic or other physical features exist
necessitating a higher sign but in no event shall the
total sign structure height exceed ten feet from the
ground.
B. Individual businesses located on their own individual
property, having frontage on a public street and individual
(unshared) access from said public street shall be entitled
to a freestanding sign subject to the area and height limits
delineated in part 1 and 2 of subsection "A" above, as may be
applicable based on the area of the site.
3
ORDINAL NO.
C. When approving any freestanding sign the architectural review
cemmi.ssion shall affirmatively make the finding that said
approval shall visually enhance the aesthetic quality of the
property on which the sign is to be located.
D. All freestanding signs shall be placed within a permanently
landscaped area of not less than twenty-four square feet, and
be architecturally compatible with the building or complex
and not encroach in the public right-of-way.
E. Notwithstanding the limit of one sign on each right-of-way
when a shopping center or industrial park has street frontage
on any one street in excess of 1600 feet then an additional
sign shall be permitted subject to the signs being separated
by a minimum distance of 400 feet.
In the case of centers in the regional commercial zone having
over 7000, 000 square feet of gross leasable retail floor
area, said center identification signs may contain the name
of tenants and/or activities conducted within the center
which operate during evening hours.
Section 9 of Ordinance 587 shall read as follows:
SECTION 9: That Section 25.68.390 be and the same is hereby rescinded.
Section 11 of Ordinance 587 shall read as follows:
SECPION 11: That Section 25.68.490 be and the same is hereby amended
to read as follows:
25.68.490 Glare from Signs:
The following sentence shall be added as a second sentence:
"Internally illuminated signs shall be limited to a maximum
four hundred thirty (430) milliamps ballast and laimps".
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25 .68 .310--25 .68 .335
25 .68 . 310 Freestanding signs . A. A building or com-
mercial complex within the general commercial zone with in-
dividual street frontage shall be allowed one double faced
or single faced freestanding sign per street frontage for
tenant identification when the building or complex location
or configuration or topographical variation or other similar
circumstances preclude the effective use of a sign on the
building but must have the explicit approval as to necessity,
size and location of either the design review board, planning
commission or city council.
B. The square footage of one face of a double faced
sign shall be counted; however, the square footage of such
sign face shall in no case exceed one-half the total allowable
signage of the front of the building and shall be subtracted
therefrom.
C. The area of such signs shall not exceed fifty square
feet per face; and the height shall not exceed twelve feet.
D. All detached signs shall be placed within a per-
manently landscaped area of not less than twenty-four square
feet; and be architecturally compatible with the building or
complex; and not encroach in the public right-of-way.
E. Any freestanding sign conforming to the requirements
of Section 25. 68. 310 as in effect on September 25 , 1981, shall
be considered exempted from these provisions until such time
as the owner changes his sign copy. (Ord. 272 (part) , 1981 :
Ord. 129 54 (part) , 1977: Ord. 98 51 (part) , 1975 : Exhibit
A §25. 38-12 . 03 (B) ) .
25 .68 . 320 Second-story businesses . Businesses main-
tained exclusively on the second floor of a two-story build-
ing may be allowed up to fifty percent of the sign area
authorized for businesses conducted in single-story buildings
by the architectural commission. (Ord. 422 Exhibit A §2 ,
1985 : Ord. 129 §4 (part) , 1977 : Ord. 98 51 (part) , 1975 :
Exhibit A 525 . 36-12. 04) .
25 . 68 . 330 Sign for pedestrian `4c. Where the prin-
cipal sign for a business is locate "`� ^annot be
seen by pedestrian traffic , an ide• w =ddi-
tion to that otherwise allowed in zs �
mitted. Such a sign shall be no 7
(three feet on each side) and it
ed so as to not distract from the �0
or violate the intent of this ch%
1977 : Ord. 98 51 (part) , 1975 :
25 .68 . 335 Directional sig'
businesses . Where commercial bui�_ q�
designed to contain tenant spaces orienL�_ J
courtyard or plaza and where the principal buses.._
tification sign is located on that courtyard or plaza
age , the commercial building or complex may be permitted
424 (Palm Desert 8/89 )
f
25 . 68 . 390--25 . 68 . 395
currently being offered. Any special conditions required
for sale at such lowest price shall also be indicated. (Ord.
129 54 (part) , 1977 : Ord. 98 51 (part) , 1975 : Exhibit A 525-
. 38-12 . 11) .
21 -68 . 390 Signs in district and regional shop ing
centers and industrial parks. A. In addition to the wall
sign area allowed for individual businesses, shopping
centers and industrial parks in excess of three and one-half
acres of land shall be allowed one identification sign on
each right-of-way. Such signs shall not extend beyond the
property line or into the right-of-way and shall be used
solely to identify the shopping center , shopping area, or
industrial park. Relative to such signs, the allowable sign
area shall be based on ten square feet of sign per acre .
These signs shall not exceed one hundred square feet, shall
have a maximum height of twelve feet, and shall not be
erected without first having proper approval as provided in
this chapter.
B. Notwithstanding the limit of one sign on each
right-of-way when a shopping center or industrial park has
street frontage on any one street in excess of one thousand
six hundred feet, then an additional sign shall be permitted
subject to the signs being separated by a minimum distance
of four hundred feet.
C. In the case of centers in the regional commercial
zone having over seven hundred thousand square feet of gross
leasable retail floor area, said center identification signs
may contain the name of tenants and/or activities conducted
within the center which operate during evening hours . (Ord.
422 Exhibit A 59 , 1985 : Ord. 272 (part) , 1981 : Ord. 129
54 (part) , 1977 : Ord. 98 51 (part) , 1975 : Exhibit A
525 . 38-12 . 12) .
25 .68 . 391 Freestanding sign review criteria. In
reviewing freestanding signs as provided for in Sections
25 . 68 . 310 and 25 . 68. 390 the architectural commission shall
specifically consider:
A. The height of the sign relative to the adjacent
street;
B. The distance from the sign to the street;
C. The color of the sign background and lettering
thereon. (Ord. 422 Exhibit A 58 , 1985) .
25 . 68 .395 Building or building complex identification
signs in the general commercial district. In addition to
the wall sign area allowed for individual businesses , gen-
eral commercial district buildings or building complexes
which are designed to contain four or more distinct tenant
spaces , may be allowed one identification sign on each right-
of-way, or public access thoroughfare . Such signs shall not
extend beyond the property line or into the right-of-way or
426-1 (Palm Desert 8/89)
INIEROMCE
CITY OF PALM DESERT
TO: MAYOR SNYDER AND CITY COUNCIL
FROM: DEPARTMENT OF C'TMUNITY DEVELOPMENT/PLANNING
DATE: MARCH 28, 1991
SUBJECT: ORDINANCE NO. 587 - SIGN ANENUvM P
This ordinance was passed September 28, 1989. Unfortunately, the version of
the ordinance presented at second reading varied from the given first
reading.
For purposes of clarification, before the amendment is codified we wish to
show city council the ordinance.
This housekeeping involves two sections dealing with freestanding signs
which were consolidated into one section. In addition, light intensity will
be limited to 430 milliamps.
Section 8 of Ordinance 587 shall be clarified to read as follows:
SECTION 8: That Section 25.68.310 Freestanding signs be and the same
is hereby amended to read as follows:
A. A building, commercial complex, shopping center or other
commercial or industrial developments housing more than one
(1) tenant and having frontage on a public street shall be
entitled to one freestanding sign on each street frontage to
identify the building, commercial/industrial complex, or
shopping center. The area of such sign(s) to be determined
as follows:
1. Freestanding signs for buildings, commercial canplexes,
shopping centers and other commercial/industrial
developments located on less than five acres of property
shall not exceed one-half the total allowable signage of
the front of the building and shall be subtracted
therefrom and in no event exceed fifty (50) square feet.
Maximum height of these signs shall be six (6) feet
unless topographic or other physical features exist
necessitating a higher sign but in no event shall total
sign structure height exceed then (10) feet from the
ground.
IWEROFFICE MEDDRPNDR4
OMINANCE 587 - SIGN AmE momwr
MARCH 28, 1991
2. Freestanding signs for buildings, commercial canplexes,
shopping centers and other commercial/industrial
developments housing more than one tenant located on
five acres of land or more shall be allowed one
identification sign on each right-of-way with an
allowable sign area based on a ratio of ten square feet
per acre to a maximum of 100 square feet. Maximum
height of these signs shall be six feet unless
topographic or other physical features exist
necessitating a higher sign but in no event shall the
total sign structure height exceed ten feet from the
ground.
B. Individual businesses located on their own individual
property, having frontage on a public street and individual
(unshared) access from said public street shall be entitled
to a freestanding sign subject to the area and height limits
delineated in part 1 and 2 of subsection "A" above, as may be
applicable based on the area of the site.
C. When approving any freestanding sign the architectural review
commission shall affirmatively make the finding that said
approval shall visually enhance the aesthetic quality of the
property on which the sign is to be located.
D. All freestanding signs shall be placed within a permanently
landscaped area of not less than twenty-four square feet, and
be architecturally compatible with the building or oonplex
and not encroach in the public right-of-way.
E. Notwithstanding the limit of one sign on each right-of-way
when a shopping center or industrial park has street frontage
on any one street in excess of 1600 feet then an additional
sign shall be permitted subject to the signs being separated
by a minimum distance of 400 feet.
In the case of centers in the regional commercial zone having
over 7000,000 square feet of gross leasable retail floor
area, said center identification signs may contain the name
of tenants and/or activities conducted within the center
which operate during evening hours.
Section 9 of Ordinance 587 shall be clarified to read as follows:
SECTION 9: That Section 25.68.390 be and the same is hereby rescinded.
2
INTEROFFICE DffMRANDLM
ORDIINANm 587 - SIGN AmEmmwf
K%RCH 28, 1991
SECTION 11: That Section 25.68.490 be and the same is hereby amended
to read as follows:
25.68.490 Glare from Signs:
The following sentence shall be added as a second sentence:
"Internally illuminated signs shall be limited to a maxumm
four hundred thirty (430) milliamps ballast and lamps".
STEVE SMITH
ASSOCIATE PLANNER
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f
CITY OF PALM DESERT
DEPARTHWr OF CtTTZWITY DEVE oPmE Tr
TRANSMITTAL LElTIIt
I. TO: Honorable Mayor and City Council
II. REQUEST: Approval of amendments to the sign ordinance, Section 68,
as it applies to signs and awnings.
III. APPLICANT: City of Palm Desert
IV. CASE NO: ZOA 89-1
V. DATE: September 28, 1989
VI. CONTENTS:
A. Staff Recommendation.
B. Discussion.
C. Draft Ordinance No.
D. Planning Commission Minutes involving ZOA 89-1.
E. Planning Commission Staff Report dated September 5, 1989.
F. Related maps and/or exhibits.
------------------------------------------------------------------------------
A. STAFF REO;MDDATION:
Waive further reading and pass Ordinance No. to second reading.
B. DISCUSSION:
The review of the sign ordinance began early in 1989. The subcommittee
created by city council met several times and issued its report and
suggested changes. The subcommittee then met with a task force
established by the Chamber of Commerce and several compromises were
reached. Staff then presented its final report to the planning commission
at its September 5, 1989 meeting.
Three members of the Chamber Task Force spoke at the planning commission
hearing and raised issue with the following:
1. Proposed restriction of number of colors.
2. The treatment of legal nonconforming signs.
3. The proposed definition changes versus those proposed by the Chamber
Task Force.
4. Neon signs.
5. Awnings.
In addition, staff outlined proposed language for lottery signs and the
city attorney outlined new language making the proposed changes
prospective only (i.e. affecting only new signs).
TRANSMITTAL LETTER
ZOA 89-1
SEPTIIMBIIt 28, 1989
Two changes since the planning commission hearing have been inserted in
the draft ordinance as follows:
1. Proposed section� 25.68.670 making the changes prospective has been
removed from the exhibit which would make it part of the zoning
ordinance. Similar language has been inserted into the declarations
section of the ordinance.
2. Section 25.68.605 Lottery Signs has been inserted into the exhibit
and will read as follows:
In addition to the overall total sign area
allocated to a business a business licensed to
sell California State Lottery tickets shall be
entitled to one window or door mounted lottery
decal 5 1/2 inches by 5 1/2 inches and no more
than one specific identification poster not to
exceed 27 inches by 36 inches.
The planning commission on a 5-0 vote passed this case to the city council
without recommendation in that the planning commission felt the issues
raised were aesthetic considerations and since architectural commission
reviews signs and their aesthetics, that the planning commission was not
the appropriate body to review the proposed changes.
Prepared by:
Reviewed and Approved by:
SRS/tm
2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN ANgSIDNENP
TO THE ZONING ORDINANCE TEXT RELATING TO AWNINGS
AND SIGNS SECTION 25.68.
CASE NO. ZOA 89-1
WHEREAS, the City Council of the City of Palm Desert, California, did on
the 28th day of September, 1989, hold a duly noticed public hearing to consider
an amendment of the Zoning Ordinance Section 25.68 relating to signs and
awnings; and
WHEREAS, said application has canplied with requirements of the "City of
Palm Desert Procedures to Implement the California Envi=m ental Quality Act,
Resolution No. 80-89, " in that the director of community development has
determined the amendment to be a class 5 categorical exeiTpticn; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony arguments, if any, of all interested persons desiring to be heard,
said city council did find the following facts to justify its action as
described below:
1. That the Zoning Ordinance Amendment is consistent with the objectives
of the zoning ordinance.
2. That the Zoning g* Ordinance Amendment is consistent with the adopted
General Plan and affected Specific Plans.
3. That the Zoning Ordinance Amendment would better serve the public
health, safety, and general welfare than the current regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, as follows:
1. That the above recitations are true and correct and constitute the
consideration of the council in this case.
2. That it does hereby approve a Zoning Ordinance Text Amendment 89-1,
provided in the attached exhibit, labeled Exhibit "A" to amend
Municipal Code Section 25.68
3. These amendments are limited in their effect to regulating the
construction of new on-premises advertising displays. A new on-
premises advertising display means, for purposes of this section, a
display whose structure or housing has not been affixed to its
intended premises. Construction means, for purposes of this section,
the manufacturing or creation of a new on-premises advertising
display.
4. That notwithstanding the above noted section limiting the effect of
these amendments, any illegally installed signs may be abated
pursuant to section 25.68.
ORDINANCE NO.
5. The City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Palm Desert Post, a
newspaper of general circulation, published and circulated in the
City of Palm Desert, California, and shall be in full force and
effective thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City
Council, held on this day of 1989, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
S. ROY WILSON, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
SRS/tm
i
2
oRnINANCE NO.
EXHIBIT "A"
SECPIM 1: That Sections 25.68.020 'J', 'T' and 'X' be and the same are hereby
amended to read as follows:
Section 25.68.020.
J. "Freestanding sign" means a sign supported by up-right pedestals or
braces placed upon or into the ground and detached from any building.
T. "Roof sign" means a sign affixed on, above, or over the roof of any
building, or any sign affixed to the wall of a building so that it
projects above the eave line of a roof. The-tep-ef--a-1xwepet--wa.14
The lowest point of a mansard
style roof shall be considered the eave line. Where-a-parapet-well
i-s-eemHixed-�ri#�--e-�+easard-roo€;-#� -}Erie-shall-k�#3��og�€
t e-parapet.
X. "Wall sign" means a sign attached to or erected on the exterior wall
of the building or structure or on a canopy marquee or similar
overhang with the exposed face of the sign in a plan approximately
parallel to the plane of the exterior wall and not extending above
the eave line. Tke-tap of- e-parapet-wai3 shall -be- idered tie
eave 14ne. The lowest part of a mansard-style roof shall be
considered the eave line. Where-e-parapet seeliis-eemb}rxed-W4_U:,-a
mansard-fee€--tie-eeve (Ord.
129 S5(part), 1977: Ord. 98 S1(part), 1975: EWiibit A 525.38.225. )
SECTION 2: That Section 25.68.030 be and the same is hereby amended to read as
follows:
25.68.030 Sign permit procedure.
It is unlawful for any person to erect, alter, or to permit the
erection or alteration of a sign, including painted signs, unless
otherwise excepted by this chapter, upon any property without first
obtaining a written sign permit from the department of envi:renmental
services community development. Signs exceeding one-heard-do}Ears
one thousand five hundred dollars in value shall be reviewed through
the design-TeAew--board architectural review commission process as
specified in Chapter 25.70. Application for such permit shall be
made on a form provided by the department of envi- 3ta}-serviees
community development and shall be accompanied by a fee as
established by council resolution. The application shall set forth
and contain the following information and material:
3
ORDINANCE NO.
Three copies of a plan showing the following:
A. The location and size of any building or structures on the
property, in the control of the applicant, both existing and
proposed;
B. The location of off-street parking facilities, including major
points of entry and exit for motor vehicles where directional
signs may be proposed;
C. The position of the proposed sign and its relation to adjacent
buildings and structures under the control of the applicant.
D. The design and size, colors proposed, and proposed location of
the sign or sign structure on the property, under the control of
the applicant;
E. The method of attachment to any structure;
F. A statement showing sizes and dimensions of all other signs
existing on the property, under the control of the applicant;
G. A statement showing the size and color relationships of such
sign or sign structure to the appearance and design of existing
or proposed buildings and structures on the property;
H. Such other information as the department of env- tal
sei�-tlees community development may reasonably require to secure
compliance with this chapter and the ordinances of the city.
(Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: 1 Exhibit A
SS25.38-3--25.38-3.01. )
I. That the applicant provide a signed statement from the property
owner or his authorized representative that he has reviewed the
proposal and approves of same prior to each submittal to the
cam.
SECTION 3: That Section 25.70.020 dealing with architectural commission
membership be and the same is hereby amended to read as follows:
25.70.020 Wm .
The architectural review commission shall consist of five members and
one or more alternates appointed by the city council; three of them
shall be architects, if available. The non-architect members shall
include persons experienced with color coordination signage design
4
ORDINANCE NO.
and visual merchandising. Any alternate member shall serve as a
voting member when any one of the five regular members is absent from
the meeting. (Ord. 452 S2(part), 1986: Ord. 326 (part), 1983. )
SECTION 4: That Section 25.68.120 Permitted signs - Purpose be and the same is
hereby amended to read as follows:
25.68.120 Permitted signs--
No signs shall be erected or maintained in any zone as established by
the zoning ordinance except those signs specifically enumerated in
this chapter. The number and area of signs as outlined in this
chapter are intended to be maximum standards which do not necessarily
ensure architectural compatibility. Therefore, in addition to the
enumerated standards, consideration shall be given to a sign's
relationship to the overall appearance of the subject property, as
well as the surrounding ccmmunity with the goal being to minimize
visual pollution, the use of lighting and excessive contrasting
colors. Compatible design, simplicity, and sign effectiveness are to
be used in establishing guidelines for sign approval. (Ord. 129
S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A 525.38-9. )
SECTION 5: That Section 25.68.230 Freestanding signs be and the same is hereby
amended to read as follows:
25.68.230 Freestanding signs.
Except for otherwise specified height limitations, freestanding signs
shall not be located on the public right-of-way and shall not exceed
ten six feet in height op-#}�e Heigfit-offe-adjeee>rt�triHiig-
whieiiever-is--less unless topographic or other physical features
exist necessitating a higher sign but in no event shall the total
sign structure height exceed ten feet from the ground. (Ord. 129
S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A 525.38-11.05. )
SECTION 6: That Section 25.68.310 Freestanding signs be and the same is hereby
amended to read as follows:
A. A building, commercial complex, shopping center or other
commercial or industrial developments housing more than one (1)
tenant and having frontage on a public street shall be entitled
to one freestanding sign of each street frontage to identify the
building, commercial/industrial complex, or shopping center.
The area of such sign(s) to be determined as follows:
5
ORDINANCE NO.
1. Freestanding signs for buildings, commercial
complexes , shopping centers and other
commercial/industrial developments located on less
than five acres of property shall not exceed one-half
the total allowable signage of the front of the
building and shall be subtracted therefrom and in no
event exceed fifty (50) square feet and-e-4ieight-eP
slx-F6�-€eet. Maximum height of these signs shall be
six (6) feet unless topographic or other physical
features exist necessitating a higher sign but in no
event shall total sign structure height exceed ten
(10) feet from the ground.
2. Freestanding signs for buildings, commercial
complexes, shopping centers and other commercial/
industrial developments housing more than one tenant
located on five acres of land or more shall be allowed
one identification sign on each right-of-way with an
allowable sign area based on a ratio of ten square
feet per acre to a maximum of 100 square feet.
Maximum height of these signs shall be six feet unless
topographic or other physical features exist
necessitating a higher sign but in no event shall the
total sign structure height exceed ten feet from the
ground-
B. Individual businesses located on their own individual property,
having frontage on a public street and individual (unshared)
access from said public street shall be entitled to a
freestanding sign subject to the area and height limits
delineated in part 1 and 2 of subsection "A" above, as may be
applicable based on the area of the site.
C. When approving any freestanding sign the architectural review
commission shall affirmatively make the finding that said
approval shall visually enhance the aesthetic quality of the
property on which the sign is to be located.
D. All detaehed freestanding signs shall be placed within a permanently
landscaped area of not less than twenty-four square feet, and be
architecturally compatible with the building or complex and not
encroach in the public right-of-way.
E. Notwithstanding the limit of one sign on each right-of-way
when a shopping center or industrial park has street
frontage on any one street in excess of 1600 feet then an
additional sign shall be permitted subject to the signs
being separated by a minimum distance of 400 feet.
6
ORDINANCE NO.
In the case of centers in the regional commercial zone
having over 700,000 square feet of gross leasable retail
floor area, said center identification signs may contain
the name of tenants and/or activities conducted within the
center which operate during evening hours.
SECPICN 7: That part 'A' of Section 25.68.390 of the code of the City of Palm
Desert be and the same is rescinded.
SECTION 8: That Section 25.68.480 Sign colors be and the same is hereby
amended to read as follows:
25.68.480 Sign oolass.
Sign programs for commercial complexes shopping centers other
commercial/industrial developments and individual businesses shall be
limited to not more than three (3) colors which will minimize
excessive contrast.
SEMON 9: That Section 25.68.490 Glare from signs be and the same is hereby
amended to read as follows:
25.68.490 Glare from signs.
All illuminated signs in all zones shall be designed in such a manner
as to avoid undue glare or reflection of light on private property in
the surrounding area; in no event shall any sign exceed ten
candlepower at then feet from the face of the sign. Internally
illuminated signs shall be limited to a maximum 430 milli
ballast and lamps. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part),
1975: Exhibit A 525.38-16.08. )
SECTION 10: That Section 25.68.520 Maximum sign area limitation is hereby
rescinded.
SEICPION 11: That Section 25.68.350 Special event signs be and the same is
hereby amended to read as follows:
25.68.350 Special event signs.
With the approval of the director of cc nmuiity
development, a business may erect one temporary sign, mounted on a
7
ORDINANCE NO.
wall facia or freestanding, advertising special events, prcimtions or
sales. The director may approve up to 30 square feet of sign area
depending upon the type of event, building design and right-of-way
frontage for a period not to exceed 30 days per year. Signs approved
under this section must be cm patible and harmonious with the color
of the building and adjacent buildings. When improperly used,
special event signs constitute a public nuisance and may be abated.
Special event signs for periods in excess of 30 days may only be
Permitted pursuant to a resolution of the city council granting such
approval which shall specify the period during which the sign may be
displayed.
SECTION 12: That Section 25.68.540 Special permits be and the same is hereby
amended to read as follows:
25.68.540 Special permits.
Nothing contained in this chapter shall prevent the city council from
granting a temporary special permit or otherwise permitting on such
terms as it deems proper, signs or the like advertising or pertaining
to any civic, patriotic, or special event of general public interest
taking place within the boundaries of the city when it can be found
that same will not be materially detrimental to the public welfare,
interest, or safety, nor injurious to adjacent property or
improvements.
Graxcl-egervr�g-s3cgAs-may-be approved kiy #3iei�eetc of-envi-metal
serv3ees-satrjeet=to-appropriate coo ttiofls. (Ord. 129 S4(part),
1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-16.13. )
SECTION 13: That Section 25.68.570 Trade construction signs be and the same is
hereby amended as follows:
Section 25.68.570 Trade construction signs.
One unlit sign advertising the various construction trades shall be
permitted on construction sites during the period that valid building
Permit approval exists. Such signs shall not exceed sixteen square
feet (16) per twenty thousand (20,000) square feet of land area with
a maximum of thirty-two (32) square feet in area and shall be renoved
before a notice of completion is issued for the building being
constructed. No trade construction sign shall exceed five (5) feet
in height. (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975:
Exhibit A S25.38-17. )
8
GMINAN E NO.
SECTION 14: That Section 25.68.610 Signs on awnings, marquees, canopies,
arcades or similar structures or attachments be and the same is hereby amended
as follows:
25.68.610 Signs on awnings, marquees canopies, arcades or similar
structures or attachments.
A. All awnings or awnings with a sign(s) must be reviewed and
approved by the architectural review commission. The awning
(sign) must be architecturally compatible with the building and
as a result an awning may not be appropriate for every building.
B. Pursuant to Section 25.68.470 "Proper maintenance of signs"
awnings must be kept in good repair and be clean and non-faded.
C. Awnings must be substantially attached to the main building
structure.
D. Awning lettering and numbers as well as style and colors must
aesthetically blend with the building.
E. Letter height shall not exceed one-third (1/3) of the awning height
and in no event shall it exceed eight (8) inches.
F. Scalloping on awnings. shall not be pronounced.
G. Where applicable, awnings shall contain street numbers four
inches (4") in height with a letter style helvetica medium or
equivalent.
H. Awnings shall not contain phone numbers.
I. Straight drop type awnings (i.e. canvas-vinyl signs) shall not
be encouraged.
SECTION 15: That Section 25.6B.605 Lottery signs be added as follows:
25.68.605 Lottery si
In addition to the overall total sign area allocated to a business a
business licensed to sell California State Lottery tickets shall be
entitled to one window or door mounted lottery decal 5 1/2 inches by
5 1/2 inches and no more than one specific identification poster not
to exceed 27 inches by 36 inches.
9
ORDINANCE NO.
SECTION 16: That Section 25.38.606 Bingo signs be added as follows:
Section 25.68.606 Bingo signs.
A maximum three (3) square foot sign advertising an upcoming bingo
event may be installed, without permit, no more than forty-eight (48)
hours before the event and must be removed immediately following the
event.
SBCrION 17: That Section 25.68.607 Lights outlining buildings/windows be
added as follows:
25.68.607 Lights outlining buildings/windows.
A. Flood lights and accent string lighting outlining the building
exterior or perimeter and/or window areas must be integrated
with the building architecture and as such must be reviewed and
approved by the architectural review oc mission. In no event
shall blinking, rotating, flashing or twinkling lights be used.
B. During the period from Thanksgiving Day until New Years Day the
above noted lights may be displayed without review and approval
by the city.
SECTION 18: That Section 25.68.470 Proper maintenance of signs be and the same
is hereby amended as follows:
25.68.470 Proper maintenance of signs.
1. For the public health, safety and welfare, every on-premise sign
shall be maintained in a safe, presentable and good structural
material condition at all times, including the replacement of
defective parts, wiring, ballast, painting, repainting, cleaning
and other acts required for the maintenance of said sign whether
done on site or in licensed contractor's place of business. If
the sign is not made to comply with safety standards, the
director of code compliance shall require its removal in
accordance with this section.
2. Signs illuminated either internally or externally must be
capable of being fully illuminated and legible, the face(s)
intact (without holes or other exterior facial damage). Any
illuminated sign not in accordance with these and other
maintenance standards in this section shall be cited by the
director of code ompliance and must be brought into ccrnpliance
with said standards or proof of a contract for repair and
10
ORDINANCE NO.
maintenance must be provided within 30 days or shall be subject
to abatement as a public nuisance. Illuminated signs that,
because of expired or damaged lighting elements, became non-
legible will be ordered to remain unlighted until repair.
3. In case of abandoned signs, the identification, name and copy
pertaining to the abandoned business must be removed and
replaced with a blank panel or white space within 30 days of
user vacancy. This does not apply to permanent, legal signage
or legal non-conforming sign structures or sign cabinets. All
notices of violation must be sent by the director of code
compliance by certified mail. Any time periods provided in this
section shall be deemed to commence on the day of the receipt of
the certified mail. Any person having an interest in the sign
or the property may appeal the citation ordering the removal of
compliance by filing a written notice of appeal with the
planning canission within 30 days after the date of mailing the
notice, or 30 days after receipt of the notice was not mailed.
4. When it is determined by the city that said sign shall cause
imninent danger to the public safety, and contact cannot be made
with a sign owner or building owner, no written notice shall
have to be served. In this emergency situation, the city may
correct the danger. The city shall cause to have removed any
sign that endangers the public safety, such as an abandoned,
materially dangerous electrically or structurally defective
sign. Any sign removed by the city pursuant to the provision of
this section shall become the property of the city and may be
disposed of in any manner deemed appropriate by the city. The
cost of the removal of any sign by the city shall be considered
a debt awed to the city by the owner of the sign and the owner
of the property and may be recovered in an appropriate court
action by the city or by assessment against the property as
hereinafter provided. The cost of removal shall include any and
all incidental expenses incurred by the city in connection with
the sign's removal.
SECTION 19: That Section 25.68.440 Sign review criteria be and the same is
hereby amended as follows:
25.68.440 Siqn review criteria.
All signs which are regulated by this chapter shall be subject to the
approval of the design-rev3ew-mod architectural review commission
process. In approving or rejecting a particular sign permit, the
reviewing body shall utilize the following review criteria:
11
ORDINANCE NO.
A. That the sign is necessary for the applicant's enjoyment of
substantial trade and property rights;
B. That the sign is consistent with the intent and purpose of this
chapter and title;
C. That the sign does not constitute a detriment to public health,
safety, and welfare;
D. That the size, shape, color, and placement of the sign is
compatible with and bears a harmonious relationship to the
neighborhood and other signs in the area;
E. That the size, shape, color, and placement of the sign is
compatible with and bears a harmonious relationship to the
neighborhood and other signs in the area;
F. That both the location of the proposed sign and the design of
its visual elements ( lettering, words, figures, colors,
decorative motifs, spacing, and proportions) are legible under
normal viewing conditions prevailing where the sign is to be
installed;
G. That the location and design of the proposed sign does not
obscure from view or, unduly detract from existing or adjacent
signs.
H. That the location and design of the proposed sign, its size,
shape, illumination, and color are canpatible with the visual
characteristics of the surrounding area so as not to detract
from or cause depreciation of the value of adjacent developed
properties;
I. That the location and design of a proposed sign in close
proximity to any residential district does not adversely affect
the value or character of the adjacent residential district; and
J. That any neon signs shall be made an integral part of the
building design with careful attention to color, intensity of
light and the use of soft tones shall be encoura ed. (Ord. 129
S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A 525.38-
16.02).
12
01MINAN E NO.
SBCPION 20: That Section 25.68.760 Penalties be and the same is hereby amended
as follows:
25.68.760 Penalties.
Violations of any of the provisions of this chapter are misdemeanors
punishable as provided for in Section 1012.020.
SRS/tn
13
I
ro 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
SEPTEMBER 8, 1989
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 89-1
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm
Desert City Council to consider amendments to the sign ordinance, Section 68,
as it applies to signs and awnings.
SAID public hearing will be held on Thursday, September 28, 1989 at 7:00 p.m.
in the Council Chamber at the Palm Desert City Hall , 73-510 Fred Waring Drive,
Palm Desert, California, at which time and place all interested persons are
invited to attend and be heard. if you challenge the proposed actions in
court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written
correspondence delivered to the city council (or planning commission) at, or
prior to, the public hearing.
PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk
September 15, 1989 Palm Desert City Council
M E M O R A N D U M
TO: Steve Smith, City of Palm Desert l
FROM: Kandy L. Allen, Deputy City Attorne
DATE: September 5, 1989
On this date I � g spoke with Leslie Bur ,erm er legal
P g Y
counsel for .the California State Lottery. I explained that
banners and. free-standing signs were totally unacceptable and
not in conformance with the City's signage requirements.
When pressed, she backed down from her earlier position and
informed me that neither banners nor free-standing signs were
state requirements.
1 Further, it appears that the minimum requirement is the
51n x 51" square lottery decal and that all other items are
strongly recommended only. She requested that at least one
poster be allowed in order to identify the current game.
Because State law allows the office of the State Lottery
to prescribe the minimum requirements for signage, I cannot
verify this information until I review the State Lottery
regulations . I have requested a copy of their regulations
and will review same when I receive them.
KLA5/9/mpb
M E M O R A N D U M
TO: Steve Smith, City of Palm Desert
FROM: Kandy L. Allen, Deputy City Attorney
DATE: September 5 , 1989
RE: Sign Ordinance
Our file number: 72500 .0330
Steve:
We have amended the proposed "prospective limitation"
section as follows :
"25.68 .670 Amendments to be !rospective only.
These amendments are limited in their effect to
regulating the construction of new on-premises
advertising displays. A new on-premises
advertising display means, for purposes of this
section, a display whose structure or housing has
not been affixed to its intended premises.
Construction means , for purposes of this section,
the manufacturing or creation of a new on-premises
advertising display. "
KLAS/8/mpb
G
l
-----------------
D
�v —� ,��.c.�-�- �--� ���`���•-fir
q f
SENT BY:Xerox Telecopier 7020 ; 8-30-89 ; 2: 10PM ; 6193406698� 6193400574;# 2
MEMORANDUM
TO: DJE
FROMs RWH
DATE: 9
AUGUST
2 1989
RE: PALM DESERT SIGN ORDINANCE
OUR FILE NO. 72500, 0330
On 8/28/89 I talked with Leslie Surgermyer, legal counsel
for the California State Lottery. She informed me that the
Califonria State Lottery requires vendors to display the
following signs on the outside of their business:
A. Square Lottery decal. 5j by 51 inches on the door.
B. Name specific identification poster either 8} by 23
inches or 27 by 35 inches.
C. Game specific poster — that identifies the current
game, strongly encouraged but not absolutely required. 8} by 23
inches.
D. Banner on the outside wall; any one of the following
three: lotto banner 23 inches by 8 feet; scratcher banner 20
inches by 9 feet; or all games banner 20 inches by 9 feet.
E. Either a free standing or pole mounted sign placed at
outside of business; local codes can specify reasonable placement
of this sign.
Leslie would be happy to cooperate in the design or
implementation of the ordinance. Her office would review any
proposed ordinance for problems. She would also send any adopted
ordinance to the district sales manager so that he could include
information regarding the Palm Desert ordinance in presentations
to local vendors.
RWH2/08/29/89/pam/1
MEMORANDUM
25 Pl 1 "1
C. . C _Rss t._
TO: STEVE SMITH
FROM: RWH
DATE: AUGUST 25 , 1989
RE: SIGN ORDINANCE
OUR FILE NO. 72500 . 0330
The following proposed amendment to the Sign Ordinance
provides that amendments to the sign ordinance will be applied
prospectively only. The amendment is intended to prevent
compensation, inventory, and abatement problems that would occur
under California law if amendments were applied to existing,
conforming signs .
"25 .68 .670 Amendments to be prospective only. Lawful
existing signs at the time of the adoption of any
amendment to this chapter shall be deemed lawful
nonconforming uses and shall not be made to comply, be
removed or demolished expect upon the altering of the
sign, copy, size , color or addition of new signage to
the site or structure upon which the nonconforming sign
is located. "
RWH2/08/24/89/pam/3
MEMORANDUM
TO: WE and KLA
FROM: RWH
DATE: August 9, 989
RE: City of Palm Desert/Sign Ordinance Revisions
Our File: 72500. 0330
----------------------------------------------------------------
QUESTION PRESENTED
Discuss the legal ramifications of the various proposed
amendments to the Palm Desert Sign Ordinance.
SHORT ANSWER
As proposed, the amendments to the Palm Desert Sign
Ordinance would effect not only new signs, but already existing
signs. To the extent that the amendments require alteration or
abatement of existing legal signs, state law requires the City to
pay the owners the present cost of the sign. Also, if the
amendments effect existing signs, the City is required to provide
for the inventory, identification, and abatement of preexisting
illegal or abandoned signs.
To avoid the compensation, inventory, and abatement
problems, two alternatives are suggested:
1. Provide that the amendments are prospective only; or
2 . Implement the proposed changes by adopting the changes
as policies of the Architectural Review Board, not as amendments
to the ordinance.
DISCUSSION
Proposed amendments to the sign ordinance include limiting
signs to three colors, limiting free-standing signs in commercial
centers, reducing the size of trade construction signs, requiring
that awnings be reviewed by the Architectural Review Commission
("ARC") , etc.
To the extent that the amendments change the criteria
regarding signs, existing legal signs may be rendered
nonconforming. As the current ordinance at §25.68. 100 requires
abatement of any nonconforming signs, the amendments will compel
the abatement of presently-existing, conforming signs.
Any change in the existing ordinance that requires the
abatement of existing legal signs will invoke certain sections of
California's On-Premise Sign Law, Business & Profession Code
§5490, et seq. Section 5491 requires that the City pay to the
owner of any existing legal sign that is to be abated due to
changes in the ordinance the actual cost to duplicate that sign
plus the cost of removal and repair of damage to any remaining
real property. Section 5491�1 requires that if the City amends
the sign ordinance in a manner which effects legally existing
signs, the City must institute"a program for the inventory,
identification, and abatement of preexisting illegal and
abandoned signs. Thus the proposed changes, to the extent that
they effect existing signs, will cause the City to institute
potentially costly compensation, inventory and abatement
programs.
RWHA/18/8-16-89 -2-
Two alternatives are available to escape the consequences of
the compensation, inventory, abatement sections discussed above.
one alternative is to provide that the amendments .to the
ordinance be prospective only. As existing legal signs would not
be effected, the compensation and abatement section would not be
invoked.
The second alternative is not to amend the ordinance at all.
Most of the proposed changes could probably be implemented
through policy decisions of the Architectural Review Commission.
As such, the changes would be implemented only as to new signs.
The inventory, abatement, and compensation sections would not be
invoked.
In the following sections, the legal ramifications of each
of the proposed amendments is discussed where appropriate.
Comments are included as to the feasibility of implementing the
change through the adoption of an architectural review commission
policy rather than a change in the ordinance.
INDIVIDUAL SECTIONS
Section 25. 68. 020. Various changes in definitions are
proposed. To the extent that the changes make existing signs
nonconforming, the City will be required to abate and compensate
the owners.
The Palm Desert Business Community Sign Ordinance Task Force
("task force") recommends that its own definitions be used. I
could see little difference between the proposed ordinance
RWHA/18/8-16-89 -3-
definitions and the task force definitions. The task force
definitions would have to be conformed to the body of the
ordinance. "Monument Sign" would need to be included within
"free-standing sign". "Mansard Sign" would need to be included
within "wall sign". Definitions of "illegal sign", "legal
nonconforming sign", and "illuminated architectural canopy sign"
are not germane to the body of the ordinance.
It is unclear whether the proposed definitional changes
could be effectively implemented through changes in the ARC
policies.
Section 25.68. 030. Section 25.68.030 would require the
applicant to provide a signed statement from the property owner
that he approves each submittal to the City. This change would
not effect existing legal signs and therefore would not invoke
the inventory, abatement and compensation problems. This section
probably could be implemented as a permit-application policy of
the Department of Environmental Services.
Section 25.68. 100. This section regards the abatement of
illegal signs. Enforcement authority would be transferred from
the director of environmental services to the director of code
compliance. This change would not invoke the inventory,
abatement, and compensation problems. This change could be
implemented by an interdepartmental agreement, as the current
section provides for enforcement by the authorized representative
of environmental services.
RWHA/18/8-16-89 -4-
Section 25. 68. 120. Permitted Signs -- Purpose. The
proposed change would add the words "with the goal being to
minimize visual pollution, the use of lighting and excessive
contrast in colors" to the overall sign approval criteria. As
the change is a statement of policy, not a specific limitation,
it would not invoke the inventory, abatement, and compensation
problems. The change could be implemented by the adoption of the
policy by the ARC as the change is consistent with other criteria
set forth in the ordinance.
Section 65. 68.230. Free-Standing Signs. Changes in this
section will limit free-standing signs to provide commercial-
center identification only, or individual business identification
in the case of individual businesses on its own separate
property. This change would render nonconforming all existing
legal free-standing signs that do not comply with its provisions,
i.e. , free-standing signs that provide individual business
identification in commercial centers, free-standing center signs
that specify specific tenants, etc. Under the current abatement
n
section, section 25.68. 100, those newly nonconforming sins would
g
have to be abated. Such abatement would invoke the inventory,
abatement and compensation problems discussed above.
While the changes in this section could be adopted as
policies of the ARC under "Signs Relationship to the Overall
Appearance of the Subject Property" criteria of section
25. 68. 120, it would be awkward to do so given the extensive
changes contemplated in this section.
RWHA/18/8-16-89 -5-
Section 25. 68.480. an Colors. This section would limit
signs to three colors, where no limitation presently exists.
Such a limitation would probably render nonconforming numerous
existing signs, and invoke the inventory, abatement and
compensation problems.
This change could be adopted as a policy by the ARC under
the "compatible design, simplicity, and sign effectiveness"
criteria of section 25. 68. 120 and the sign review criteria
enumerated in section 25. 68.440.
Section 25. 68.540. Special Permits. Proposed changes to
this section would include the regulation of "going out of
business" signs and limit the number of days that temporary signs
may be displayed. As changes in this section would not effect
existing legal signs, the inventory, abatement and compensation
problems would not arise.
These changes could probably be implemented on the policy
level .
Section 25.68.570. Trade Construction Signs. Changes to
this section would augment the square footage but reduce the
height of construction signs. As construction signs are
temporary in nature, the problems of inventory, abatement, and
compensation would not be invoked by changes to this section.
Augmentation of the square footage cannot be implemented by
a policy of the ARC. Diminution in height could be achieved
under other criteria proscribed for signs in general.
RWHA/18/8-16-89 -6-
Section 25.68.610. Signs on Awnings, Marquis, Canopies,
Arcades or Similar Structures or Attachments. Under these
changes, regulation of awnings becomes much more explicit. Many
existing awnings may not meet the new requirements. Hence these
changes could trigger the inventory, abatement and compensation
problems. Most of the changes could be implemented as policy of
the ARC based on a creative reading of the criteria presently in
place.
Section 25.68.605. Lottery Signs. (I have requested
information from the California State Lottery regarding their
requirements as to signage. Govt. Code §8880.69 specifically
provides that provisions of the lottery law preempt conflicting
local regulation. )
Section 25. 68. 606. Bingo Signs. This provision would not
effect existing signs. No unfavorable legal ramifications are
foreseen.
Section 25. 68. 607. Lights Outlining Buildings/Windows.
Currently there is no section that explicitly regulates lights
outlining buildings. To the extent that existing lights would be
rendered nonconforming by this proposed section, the changes
would raise the. inventory, compensation, and abatement problems.
This section probably cannot be implemented by policy at the ARC
level.
RWHA/18/8-16-89 -7-
PENALTIES
It has been suggested that the penalty provisions of the
sign ordinance be increased for persons installing signs before
obtaining approval or for installing signs different from that
approved.
The penalty provisions of the ordinance need to be reworked.
Section 25.68.760 provides that persons violating the ordinance
are subject to the provisions of section 1.12.020. Section
1. 12.020 provides that persons convicted of a misdemeanor for
violation of an ordinance of the City are punishable by a fine of
not more than $500.00 or by imprisonment not to exceed six
months, or both. However, the sign ordinance does not provide
that violation of the ordinance is a misdemeanor. Therefore,
courts would not likely enforce section 25.68.760.
Section 8.20.020(L) in the chapter regarding public
nuisances provides that any violation of the City sign ordinance
is an unlawful public nuisance. Section 8.20. 190 provides that
anyone who permits or allows the existence of a public nuisance
on his or her property is guilty of a misdemeanor and, upon
conviction, shall be subject to the penalty provided in Chapter
1. 12. 020 of the Code, cited above. So anyone who erects a sign
without proper approval would be guilty of creating a public
nuisance and subject to fine and imprisonment.
Declaring unpermitted signs to be public nuisances is a
round-about way of enforcing the sign ordinance. The sign
RWHA/18/8-16-89 -8-
ordinance would be more effective if an effective penalty
provision were written directly into section 25.68.760. Section
25. 68.760 could be amended to read:
Any person, firm or corporation that violates
any provision of this chapter is guilty of a
misdemeanor and, upon conviction thereof,
shall be subject to penalty as. provided in
Chapter 1. 12 of this code, as amended from
time to time. Any sign that is constructed
or changed in violation of this chapter may
be summarily abated, at the discretion of the
enforcing authority.
RWHA/18/8-16-89 -9-
CITY OF PALM DESERT
DEPARTMENT OF M44 IITY DEVEEkR*MWP
STAFF BERM
TO: Planning Commission
DATE: September 5, 1989
CASE ND: ZOA 89-1
REQUEST: Approval of amendments to the sign ordinance, Section 68, as it
applies to signs and awnings.
APPLICANT: City of Palm Desert
I. BAQQ L)ND:
Early in 1989 city council created a subcommittee comprised of two
architectural commission members and two city council members. This
subcommittee met several times and proposed a series of wide ranging
amendments. April 18, 1989 staff presented a report to commission
outlining proposed changes to the sign ordinance. At that time the
Chamber of Commerce erce requested a continuance to allow it to review the
matter with members.
The chamber submitted its report and met with the subcamtittee. Some
areas of agreement were found and some areas of disagreement. In
addition, the city attorney's office has submitted a report outlining the
legal impacts the proposed amendments would create.
This report will attempt to explain the position of each of the parties
(i.e. council subcommittee, staff, chamber, city attorney).
II. GENERALIZED SMIARY:
Prior to delineating the specific changes it may be helpful to understand
the basic positions of the various groups.
A. CITY COUNCIL SUBCMUTTEE:
Some members of the city council had expressed disappointment with
some of the recently approved signs in the city. Discussions between
council members and the architectural commission members ensued with
the determination that the offending signs were not prohibited and,
therefore, ARC had no alternative other than to approve them. The
result was the creation of the subcrnmittee.
The subcommittee established a wide ranging list of proposed changes.
Some of the more substantial proposed changes were:
STAFF REPORT
ZOA 89-1
SEPPE BER 5, 1989
1. Elimination of any future mansard mounted signs.
2. Reduce overall height of freestanding signs from 10 feet to 6
feet.
3. Future freestanding signs to provide only the identification of
center identification or a single business on its own separate
property. The intent being to eliminate the menus identifying
all the businesses in a center or three or four center
businesses.
4. Limit signs and sign programs to no more than three colors which
minimize excessive contrast.
5. Reduce light intensity to maximum 430 milliamps versus the
typical 800 mmmilliammps.
6. Restrict awnings and signs thereon.
7. Limit lottery signs.
8. Limit or prohibit the use of exposed neon.
B. STAFF:
During the subcommittee discussions staff suggested some technical
changes to definitions and other minor changes.
C. CITY ATTORNEY:
The city attorney wants the city council/planning commission to }alga
that to the extent that amendments require the alteration or
abatement of existing legal signs, state law requires the city to pay
the owners the present cost of the sign. Also, if the amendments
effect existing signs, the city is required to provide for an
inventory, identification and abatement of pre-existing illegal or
abandoned signs.
Staff's intent was to write the aTpxkl[ments so as to be prospective
(i.e. applying only to new sign requests in the future). Changes to
any existing signs would have to conform to the new regulations and
the provisions of Section 25.68.640 would continue to apply to lawful
nonconforming signs.
The city attorney also indicated that some of the changes could be
enacted by policy changes of the ARC. Where possible staff will
attempt to use this method in order to limit the number of changes.
C. BUSINESS COMMUNITY SIGN TASK FORCE:
The task force submitted a 21 page report in response to the proposed
amendments outlined in the April 18, 1989 report.
2
STAFF REPORT
7.OA 89-1
SEPImm 5, 1989
Some of the changes proposed by the task force were:
1. Addition of several "definitions" as provided by the sign
industry to make the city's definitions consistent with those
used in other cities and the sign industry.
2. Suggest increase in ARC membership from six to seven.
3. ARC membership to include personnel experienced with color
coordination, design signage and visual merchandising,
architects, and a business/community representative.
4. Abate illegal signs under provisions of State Code Section 5497.
5. Retain the existing limits on freestanding signs (i.e. ten feet
high and allow multiple businesses to be identified).
6. Retain current language controlling the number of colors in
signs and sign programs.
7. Increase size of trade construction signs to maximum of 64
square feet.
8. Prefer not to establish specific guidelines for awnings but
rather review each through ARC on individual basis on own
merits.
9. Provide new, more specific language for sign maintenance.
10. Continue to allow neon signs reviewed on a sign by sign basis by
ARC.
III. SPECIFIC PROPOSED CHANGES:
Staff and the subcamnittee had suggested the following definition changes:
SECTION 25.68.020.
J. "Freestanding sign" means a sign supported by up-right pedestals or
braces placed upon or into the ground and detached from any building.
T. "Roof sign" means a sign affixed on, above, or over the roof of any
building, or any sign affixed to the wall of a building so that it
projects above the eave line of a roof. eke-# -o€-aparapet taa1�
shall-be--eenside -the-cave line. The lowest point of a mansard
style roof shall be considered the eave line. B�-a-parapet-wa}}
is-exeel- i#3r-a-meflga -roof;-#lne eave-lixe-sHall-k #3ne mop o€
t3�e-parapet.
X. "wall sign" means a sign attached to or erected on the exterior wall
of the building or structure or on a canopy marquee or similar
overhang with the exposed face of the sign in a plane approximately
parallel to the plane of the exterior wall and not extending above
the eave line. Pke- ro�-a-parapet-wa33- sha��-be- ide£ed #3ne
3
STAFF REPORT
ZOA 89-1
SEPM43ER 5, 1989
save-rime. The lowest part of a mansard-style roof shall be
considered the eave line. Wher-e-a-parapet walmlis�enbiAe�-¢rim-a
mansard-ree€--the-&m a (Ord.
129 S5 (part), 1977: Ord. 98 Sl (part), 1975: Exhibit A S25.38.225. )
The goal of the subcannittee being to clarify a "freestanding sign" and to
delete "mansard" or "parapet" mounted signs from permitted signs.
The chamber task force suggested a series of definition changes as
follows:
SIGNS
Means any structure, housing, sign, device, figure, statuary, painting,
display, message placard, or contrivance, or any part thereof, which is
intended or used to advertise, or provide data or information in the
nature of advertising, for any of the following purposes:
1. To designate, identify, or indicate the name of business of the owner
or occupant of the premises upon which the advertising display is
located.
2. To advertise the business conducted, services rendered, or goods
produced, sold, or available for sale upon the property upon which
the advertising display has been lawfully erected. (State Law).
FREESTANDIM SIGN•
Any sign erected and mounted directly to the ground and not attached in
any manner to a building. These signs are mounted on or attached to one
or more uprights, i.e. pole sign, detached sign, pylon sign or ground
sign. All such signs must have air space immediately below the sign face
and the ground. See Monument Sign.
DUN MENT SIGN:
Any freestanding g sign that is mounted directly upon the ground and that
has a solid base which contains no air space between the sign face and the
ground.
ROOF SIGN•
Any sign erected upon, over or directly above the roof and roof line or
above the parapet of a building so as to change the original building
silhouette.
4
STAFF REPORT
ZOA 89-1
SMMM3ER 5, 1989
MALL SIGN:
A sign erected upon or attached in any manner to an exterior wall or
building elevation that is on a plane approximately parallel to the plan
of the exterior wall or building elevation and that does not extend above
the roof line or parapet.
MNLSAID ROOF:
An architectural appendage attached to a building with a sloped decorative
roof element attached to the face of a building.
dBW M SIGN:
Signs affixed to a mansard roof and are considered wall signs.
ABANDCFED SIGN•
See State Law B & P Code Chapter 2.5 Section 5490 (f) and Chapter 2.6
Section 5499.1 (2).
ILLEGAL SIGN•
See State B & P Code Chapter 2.5 Section 5497, Section (a) through (i) and
Chapter 2.6 Section 5499.1 (a).
ILLEGAL NONCONFORMG SIGN:
Any sign that was legally erected under an existing code but does not meet
the criteria of any subsequent sign code. These signs are deemed legal by
State Law and may not be required to conform or be abated or amortized out
of existence provided they are maintained. B & P Code Chapter 2.5
Sections 5491, 5491.1, 5491.2, 5492, 5493, 5494.
ILLUMINATED AR( HITECIURAL CANOPY SIGN•
An internally illuminated canopy that contains identification or
advertising copy. Copy area is only that area that contains copy and
shall be considered a wall sign provided that the structure is attached to
the exterior wall of a building with the exposed face in a plane
approximately parallel to the plane of the exterior wall.
Staff is uncomfortable with the idea of changing basic definitions such as
"sign" because it could lead to internal inconsistencies which are not
apparent at first blush (i.e. the present exception for signs more than
5
STAFF REPORT
ZOA 89-1
SEPTEPBER 5, 1989
three feet inside a store window would be deleted and any window display
may be construed as a sign and require ARC approval).
In addition, the definitions as proposed by the chamber task force world
permit mansard and parapet signs which were intended to be prohibited.
Section 25.68.030 Sign Permit Procedure presently details the submittal
requirements in eight subsections with the eighth being a "catch-all" but
the subcrnmittee felt that a ninth would be added specifically requiring a
signed statement from the property owner or his representative.
I. That the applicant provide a signed statement from the property owner
or his authorized representative that he has reviewed the proposal
and approves of same prior to each submittal to the city.
The chamber task force responded with two other proposed inclusions:
A. A set of parameters or guidelines for small businesses should be
established so the business can receive approval for signage without
going through the full sign approval process. "Keeping it simple"
could help the approval process efficiency level for up to potential
80% of all applicants.
B. When it is deemed necessary, the architectural review cartnission
needs to be utilized. The task force recommends ARC membership
include personnel experienced with color coordination, design signage
and visual merchandising, architects and a business-community
representative.
The ARC size should be increased to seven (7) members.
These are two reasonable suggestions, however, they may be inserted in the
code where they are more appropriate.
With respect to the first suggestion the existing sign ordinance Section
25.70.C70 'B' Exemptions provides:
B. Exemptions: When, in the opinion of the director of environmental
services, the approval of an application for a minor or insignificant
permit does not defeat the purposes and objects of this chapter, he
may grant the permit without submitting the matter to the
architectural commission for its approval, notwithstanding any other
provisions of this section or this chapter. In addition the director
of environmental services shall be authorized to issue sign permit
approvals for signs having a value of less than one thousand five
hundred dollars. The decision of the director of community
6
I
STAFF REPORT
ZOA 89-1
SEPTEMBER 5, 1989
development shall be subject to appeal made to the architectural
commission. (Ord. 326 (part), 1983).
This section was amended in 1983 and increased the value of signs which
the department could approve from $1,000 to $1,500. In order to provide
internal consistency in the zoning ordinance this change should also be
inserted into Section 25.68.030.
It is felt that this provision has been liberally construed by the
department and in fact through August 21, 1989 the department had
processed a total of 68 signs in 1989 of which 39 or 58% were approved by
staff. Of the remaining 42% many were in excess of $1,500 and hence had
to be reviewed by the ARC. The rest were of such design that staff was
not comfortable approving than over the counter.
Section 25.70.020 Membership prescribes that the ARC shall have five
members plus one or more alternates. Three of the members are to be
architects (i.e. architects or landscape architects) . The remaining
members are typically ocan= ity members.
The chamber task force suggested that the membership be expanded to seven
(7) and that it include members experienced with color coordination,
design signage and visual merchandising, architects and a business-
co muAty representative.
Staff would prefer to retain the existing basic five member makeup of the
ARC and an alternate. The three non-architect manbers could include
people who possess the talents described by the chamber task force.
Staff proposes to amend 25.70.020 Membership by inserting the words "The
non-architect members shall include persons experienced with color
coordination, signage design and visual merchandising" into the section.
Section 25.68.100 Abatement of illegal signs. The subcommittee wished to
change the responsibility for enforcing this section from the
environmental services director (now director of community development) to
the director of code compliance.
The chamber task force recommends that this section be replaced with
Section 5497 of the state code.
As the city attorney notes, staff's intended change could be implemented
by an interdepartmental agreement without amending the section. This will•
be done.
7
STAFF xEeoRT
zoA 89-1
SEME BBER 5, 1989
Section 25.68.120 Permitted signs - purpose. The proposed change was to
insert the words "with the goal being to minimize visual pollution, the
use of the lighting and excessive contrasting colors".
The subcommittee and chamber task force agreed with this clarification.
Section 25.68.230 Freestanding signs (In "other residential sections").
The proposed change was to reduce the permitted height for freestanding
signs in residential areas other than single family areas from ten feet to
six feet.
The chamber task force felt that ten feet should remain, however, during
the discussion between the two groups common ground was found with
language reading:
25.68.230 Freestanding signs.
Except for otherwise specified height limitations, freestanding signs
shall not be located on the public right-of-way and shall not exceed ten
six feet in height op-tHe-height t+f tie-ad3fleexit-brriid -a#rie2zeFrerti s
less unless topographic or other physical features exist necessitating a
higher sign but in no event shall the total sign structure height exceed
ten feet from the ground. (Ord. 129 S4(part), 1977: Ord. 98 S1(part),
1975: Exhibit A S25.38-11.05. )
Presently, Freestanding signs in commercial areas are covered under two
sections: 310 and 390.
Section 310 basically deals with the general commercial zone while Section
390 deals with larger parcels of land (i.e. : district and regional
centers PC zone and industrial parks). The subcommittee felt that the two
sections should be replaced with a consolidated section using some of the
restrictions from each.
The goal of this new section on freestanding signs was to provide center
identification only, or individual business identification in the case of
individual businesses on its own separate property. In the case of center
identification signs general types of tenants may be described but no
specific tenant names may be used.
The new Section 25.68.310 Freestanding signs will read:
A. A building, comercial complex, shopping center or other commercial
or industrial developments housing more than one (1) tenant and
having frontage on a public street shall be entitled to one
freestanding sign on each street frontage to identify the building,
8
STAFF REPORT
ZOA 89-1
SEPl'F HM 5, 1989
vial/industrial complex, or shopping center. The area of such
sign(s) to be determined as follows:
1. Freestanding signs for buildings, commercial oonplexes, shopping
centers and other commercial/industrial developments located on
less than five acres of property shall not exceed one-half the
total allowable signage of the front of the building and shall
be subtracted therefrom and in no event exceed fifty (50) square
feet Maximum height of these
signs shall be six (6) feet unless topographic or other physical
features exist necessitating a higher sign but in no event shall
total sign structure height exceed ten (10) feet from the
ground-
2. Freestanding signs for buildings, commercial complexes, shopping
centers and other commercial industrial developments housing
more than one tenant located on five acres of land or more shall
be allowed one identification sign or each right-of-way with an
allowable sign area based on a ratio of ten square feet per acre
to a maximum of 100 square feet. maximum height of these signs
shall be six feet unless topographic or other physical features
exist necessitating a higher sign but in no event shall the
total sign structure height exceed ten feet from the ground.
B. Individual businesses located on their own individual property,
having frontage on a public street and individual (unshared) access
from said public street shall be entitled to a freestanding sign
subject to the area and height limits delineated in part 1 and 2 of
subsection "A" above, as may be applicable based on the area of the
site.
C. When approving any freestanding sign the architectural review
commission shall affirmatively make the finding that said approval
shall visually enhance the aesthetic quality of the property on which
the sign is to be located.
D. All dew freestanding signs shall be placed within a permanently
landscaped area of not less than twenty-four square feet, and be
architecturally compatible with the building or complex and not
encroach in the public right-of-way.
The chamber task force first reed that the current language in
Section 310 and 390 be retained, but this was before the compromise
language was worked out.
9
STAFF REPORT
ZOA 89-1
SEIM BER 5, 1989
Similar changes will be made in Section 390 to make it consistent with
310.
Section 25.68.480 Sign colors.
The subommittee proposed to change the existing code section to limit
colors in a sign or sign program to not more than three colors which will
minimize excessive Contrast.
The present code oontrolling colors reads, "The number and type of colors
used shall be as approved by the architectural crnmission."
The chamber task force rued the current language be retained.
Staff concurs with the language of the council subcartnittee and will
include an amendment to this effect in the draft ordinance.
Section 25.68.490 Glare from signs presently reads:
Section 25.68.490 Glare from signs. All illuminated signs
in all zones shall be designed in such a manner as to avoid
undue glare or reflection of light on private property in
the surrounding area; in no event shall any sign exceed ten
candlepaaer at ten feet from the face of the sign. (Ord.
129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A
525.38-16.08).
In order to better control the illumination level it is proposed that all
internally illuminated signs be limited to a maximum 430 milliamps,
ballast and lamps, whereas 800 maximum is the typical industry standard.
This change was suggested by the sign industry members. This standard
would not impact on neon signs.
25.68.520 Maximum sign area limitation.
Unless otherwise authorized by this section, regardless of the zone where
located, no sign shall exceed the maximum area necessary to identify the
use. (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A
525.38-16.11. )
The subcamdttee recommended that this be deleted. The chamber task force
agreed.
Section 25.68.350 Special event signs and Section 25.68.540 Special
permits have became co-mingled and their purposes confusing.
10
STAFF REPORT
ZOA 89-1
SEPi'ENBER 5, 1989
Section 25.68.350 presently reads:
25.68.350 Special event signs. With the approval of the
director of environmental services, a business may erect
one temporary sign, mounted on a wall facia or
freestanding, advertising special events, promotions or
sales. The director may approve up to 30 square feet of
sign area depending upon the type of event, building design
and right-of-way frontage for a period not to exceed 30
days per year. When u%nnperly used, special event signs
constitute a public nuisance and may be abated.
"Special event signs for periods in excess of 30
days may only be permitted pursuant to a
resolution of the city council granting such
approval which shall specify the period during
which the sign may be displayed."
The director has generally only approved "Grand Opening Signs" under this
section. The subcommittee felt that "Going out of business" signs could
also be approved by the director. In addition the subcommittee felt that
these banners must be aanpatible and harmonious with the color of the
building and adjacent buildings.
The "going out of business" signs portion of this can be accomplished
through a policy directive of the city council.
The requirement for compatibility and harmonious design will be inserted
into the first paragraph before the last sentence.
The chamber task force agreed that the director should approve "going out
of business" signs and suggested that "Grand opening" signs be for 30 days
and "going out of business" signs be for 60 days.
This request by the task force was based on incciTplete information and it
is felt that the existing language allowing city council to grant time
extensions should mitigate the task force concerns.
Section 25.68.540 presently reads:
25.68.540 Special permits.
Nothing contained in this chapter shall prevent the city council from
granting a temporary special permit or otherwise permitting on such terms
as it deems proper, signs or the like advertising or pertaining to any
11
STAFF REPORT
ZOA 89-1
SEEM BER 5, 1989
civic, patriotic, or special event of general public interest taking place
within the boundaries of the city when it can be found that same will not
be materially detrimental to the public welfare, interest, or safety, nor
injurious to adjacent property or improvements.
Grand opening signs may be approved by the director of environmental
services subject to appropriate conditions. (Ord. 129 S4(part), 1977:
Ord. 98 S1(part), 1975: Exhibit A S25.38-16.13. )
The second paragraph of this section is inappropriate in this section and
should be deleted.
Section 25.68.570 Trade construction signs presently reads:
Section 25.68.570 Trade construction signs.
One unlit sign advertising the various construction trades
shall be permitted on construction sites during the period
that valid building permit approval exists. Such signs
shall not exceed three square feet per twenty thousand
square feet of land area with a maximum of thirty-two
square feet in area and shall be removed before a notice of
completion is issued for the building being constructed.
No trade construction sign shall exceed eight feet in
height. (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975:
Exhibit A S25.38-17. )
The subcrnmtttee agreed that this was overly restrictive and proposed
increasing the size to 15 square feet but to limit the height to five
feet. The idea was to install a wood framework/backboard on which each of
the trades working on the site could install one of their signs (2 feet by
2 feet or 2 feet by 18 inches).
The task force recommended there should be a 32 square foot minimum and a
maximum of 64 square feet for the permitted trade construction sign on a
site. The permitted height should be 12 feet.
Staff is proposing 16 square foot minimum and 32 square foot maximum with
the 5 foot height limit.
12
STAFF FdZXW
ZOA 89-1
SE'PTEMBER 5, 1989
Section 25.68.610 Signs on awnings, etc. presently reads:
25.68.610 Signs on awnings, etc.
Painted, non-illuminated or indirectly lighted signs may be
permitted on the borders of marquees, canopies, awnings,
arcades, -or similar structures or attaclTents if located
and erected in a manner satisfactory to the director of
envircrmental services of his authorized representative.
Such signs shall be included in the total authorized sign
area.
Externally lighted signs shall be permitted on the upper or
lower surface of fixed marquees and similar structures, the
front face of which faces the public right-of-way; provided,
that the outer dimensions of such signs shall not exceed sixteen
inches in height; and provided further, that each letter or
image on such a sign does not exceed twelve inches in height.
The location and design of such signs must be approved by the
director of environmental services or his authorized
representative. Such signs shall be included in the total
authorized sign area. (Ord. 129 S4(part), 1977: Ord. 98
S1(part), 1975: Exhibit A S25.38-17.05).
Awnings were the catalyst which resulted in the subcommittee being formed.
The subcamdttee felt a more restrictive policy was needed and created the
an interim policy (see copy attached).
The task force responded to the interim policy in its July 11, 1989 memo
(copy attached) but basically they felt that the interim policy due to its
specific requirements and limits would hinder creativity.
The interim policy has been in effect since April and has been working.
The subcommittee felt that the specific nature of the proposed revisions
was beneficial and would result in higher quality awning installations.
It was agreed that subjection I of the interim policy would be changed
from "prohibited" to "shall not be encouraged".
Section 25.68.605 Lottery signs was proposed to be added, reading:
Section 25.68.605 Lottery signs.
Banners, window signs and wall signs promoting or
advertising the California State Lottery must be reviewed
and approved pursuant to this section. Lottery signs will
13
STAFF REPORT
7.OA 89-1
SEPTE BER 5, 1989
be included in the overall total sign area allocated to the
business based on its frontage.
The task force recommended that the second sentence be removed. It also
recommended that ". . .approved pursuant to this section" be replaced with
".. .approval not to exceed State Lottery requirements."
The city attorney has been working on the legal aspects of signs
advertising the State Lottery and proposes:
Section 25.68.606 is a new section to regulate bingo signs. The
subcommittee proposed:
Section 25.68.606 Bingo signs.
A maximum three (3) square foot sign advertising an
upcoming bingo event may be installed, without permit, no
more than forty-eight (48) hours before the event and must
be removed immediately following the event.
The task force found this acceptable.
Section 25.68.607 Lights outlining buildings/windows was proposed by the
subcommittee as follows:
Section 25.68.607 Lights outlining buildings/windows.
A. Flood lights and accent string lighting outlining the
building exterior or perimeter and/or window areas
must be integrated with the building architecture and
as such must be reviewed and approved by the
Architectural Review Commission. In no event shall
blinking, rotating, flashing or twinkling lights be
used.
B. During the period from Thanksgiving Day until New
Years Day the above noted lights may be displayed
without review and approval by the city.
The task force found this acceptable.
The subcommittee had discussed the problem of maintenance of signs and
awnings but felt that the existing code Section 68.25.470 could be
utilized.
14
STAFF REPORT
ZOA 89-1
SEPrE BER 5, 1989
The chamber task force suggested that language provided by the Sign users
Council of California be utilized as shown on pages 19 and 20 of the
chamber task force submittal attached hereto.
Staff concurs with the language provided by the task force and will
include same in the draft ordinance in place of the present section.
AIDON SIGNS:
The subcommittee seriously considered prohibiting all neon signs. The
task force felt that it should not be prohibited but reviewed by the ARC
on a case by case basis.
The two groups agreed that if neon signs are to be allowed they must be an
integral part of the building design with careful attention to color,
intensity of light and utilization of soft tones.
While it was not specifically determined that neon shall be permitted
staff will prepare an addition to Section 25.68.440 Sign review criteria
being subsection 'J' dealing specifically with neon Signs.
The subcommittee, in an effort to upgrade signs in certain sections and
blocks of the city, felt that the redevelopment agency should be asked to
fund a program which would establish a uniform sign program and cover the
cost of manufacturing and installing the signs.
The task force offered no comment on this proposal.
This will not be part of the ordinance anendnent but the council may
choose to refer this to the redevelopment agency.
The subcommittee requested the city attorney to review the penalty section
of the ordinance with a view to increasing same for persons installing a
sign before obtaining approval or for installing signs different from that
approved.
The city attorney in his report indicates that the present penalty section
is flawed and that the courts would probably be reluctant to enforce it.
The city attorney indicates that the ordinance my have a more effective
preventative effect if Section 25.68.760 is amended to provide that
violations of the section are misdemeanors punishable as provided for in
Section 1.12.020.
15
STAFF REAP
ZOA 89-1
SEPTAMER 5, 1989
IV. OONCL 1SION•
The process has been a long and involved one. While most issues have been
discussed and resolved between the subcommittee and the chamber task force
there are certain items on which agreement could not be reached. In these
instances staff has provided the subcommittee position in the draft
ordinance.
The city attorney has also expressed concern that to the extent that the
amendments require alteration or abatement of existing legal signs, state
law requires the city to pay the owners that present cost of the sign.
Also, if the amendments effect existing signs, the city is required to
provide for an inventory, identification, and abatement of preexisting
illegal or abandoned signs.
To avoid the compensation, inventory and abatement problems two
alternatives are suggested:
1. Provide that the amendments are prospective only: or
2. Supplement the proposed changes by adopting the changes as policies
of the Architectural Review Ccvmission, not as amendment to the
ordinance.
It is staff's intention that the proposed ants will be prospective
only (i.e. impacting future sign requests only) and thereby avoid the
provisions of State Code Sections 5491 and 5491.1.
V. REC MENDATION:
That the planning commission reconvend to city council approval of an
amendment to the sign ordinance.
VI. ATTACHMENTS:
A. Draft resolution.
B. Present sign ordinance.
C. Chamber task force report.
D. City attorney's report.
E. April 18, 1989 report.
Prepared by
Reviewed and Approved by.
SRS/tm
16
IMMIM POLICY FAR AFR NM
MARCH 10, 1989
1. Not every building is entitled to an awning. The awning must be
architecturally compatible with the building.
2. Awnings must be kept in good repair and be clean and non-faded.
3. No awnings allowed which are not substantially attached to buildings (i.e.
no freestanding awnings).
4. Awning lettering, as well as style and colors, must aesthetically blend
with the building.
5. Eight inch (8") maximum letter height not to exceed one-third (1/3) of
awning height.
6. Scalloping on bottom of awnings shall not be pronounced.
7. Awnings, where applicable, will contain street numbers four inches (4") in
height.
8. Awnings will not contain phone numbers.
9. No straight drop type awnings shall be permitted (i.e. canvas signs).
SRS/tm
=CHAMBEROFCOMMERCE
72-990 HIGHWAY I I I
PALM DESERT. CALIFORNIA 92260
TELEPHONE: (619) 346-6111
July 11 , 1989
TO: Mr . Steve Smith, Associate Planner
City of Palm Desert
FE011: Daniel L. Ehrler
RE: Sign Ordinance Task Force Specific Response
to Section 25 .68 .610 - Signs on Awnings . . .
Dear Steve :
The Task Force recommends the following language be used in
section 25 .68 .610 :
In order to maximize the aesthetic potential of an
individual business fascade , awnings on buildings
should be reviewed on a case-by-case basis by the Arch-
itectural Commission. (The creation of an ordinance
with specific design parameters will minimize the
creative lattitude that is so important when com-
posing the various elements within a storefront fascade. )
Applicants with awning proposals will discuss the
design with staff prior to submitting drawings for
review. Staff will direct the applicant to review
existing awnings on buildings that have been fav-
orably or unfavorably received by City Hall and/or
the community. (This review may assist the appli-
cant in determining what general awning applications
are most likely to be accepted . ) When drawings
are submitted , the Architectural Commission should
determine the appropriateness of the awning rela-
tive to the base building color , materials and
architectural features , as well as elements in the
foreground and of adjacent buildings .
This proposed language from the Task Force will complete our
Report and Recommendations to the City of Palm Desert .
If you have any questions , please call me at your convenience.
cry 7.erely yours ,
Daniel L. Ehrler
Executive Vice President
EL PAEO BUSINESS ASSOATION
P. O. Box 6000 Ste. 305
Palm Desert, CA 92261
APR 11 1989
Dept of Community Development
City of Palm Desert tOMMUNIry uEVEIOPWEN[ `EPA PVIN
Sign Review Subcommittee CITY;V PALM otS.NI
April 10, 1989
RE: Proposed Sign Ordinance Awning Provisions
Gentlemen:
We thank you for the opportunity to review the proposed changes.
Following are our recommendations and out support is given
subject to acceptance of our recommendations in their entirety.
Consider no comment on any proposed change to carry our support.
1. No provisions are made for logos and we assume that size
color and placement will be considered on a case by case
basis.
2. Color of awning should not be limited to those that
"blend" with the building. Contrasting colors when
properly chosen for tone and intensity create a tasteful
statement while drawing attention to the business. We
STRONGLY recommend one or more members of the
Architectural Commission possess interior design or color
scheme skills so decisions can be made concerning color,
logo size, and awing design compatibility with the
structure.
3. Twelve inch maximum letter height not to exceed one-third
of awing height.
4. Straight drop awing if properly designed and tailored
for a specific building can be both attractive and
effective (i.e. Andrew Lawrence). See 2. above for design
skills necessary on the Commission to make these
decisions.
5. We encourage the use of street numbers on awing where
building numbers are obscure.
P1 a se i can be of further assistance.
try M. rotbeck
Chairman-El Paseo Bus. Assoc.
PLAN IM QM+IIS.SION RESOLUTION AD.
A RESOLUTION OF THE PLANNING CCNMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, REM DING TO
THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE
ANUM4ENT RELATING TO AWNINGS AND SIGNS.
CASE NO. ZOA 89-1
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 18th day of April, 1989, hold a duly noticed public hearing which
was continued to September 5, 1989, to consider aniiandnent of zoning ordinance
section 25.68 relating to signs and awnings; and
WHEREAS, said amendment has oonplied with requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89, " in that the director of community development has
determined the amendment to be a class 5 categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony arguments, if any, of all interested persons desiring to be heard,
said planning commission did find the following facts and reasons to exist to
recommend approval of a zoning ordinance text amendment:
1. The proposed amendment relating to awnings and signs are consistent
with the intent of the zoning ordinance and protects the community
health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Comdssion of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the
findings of the commission in this case.
2. That it does hereby recommend approval of ZOA 89-1 as provided in the
attached exhibit labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 5th day of September, 1989, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD ERWOOD, Chairman
ATTEST:
RA1,10N A. DIAZ, Secretary
/tm
1
PLANNQG MWISSION RESOLUTION NO.
EXfIIBIT "A"
SECTION 1: That Sections 25.68.020 'J' , 'T' and 'X' be and the same are hereby
amended to read as follows:
Section 25.68.020.
J. "Freestanding sign" means a sign supported by up-right pedestals or
braces placed upon or into the ground and detached from any building.
T. "Roof sign" means a sign affixed on, above, or over the roof of any
building, or any sign affixed to the wall of a building so that it
projects above the eave line of a roof. The-tep-ef--a--perepetwaal4
The lowest point of a mansard
style roof shall be considered the eave line. *ere-a-parapet-we-11
is-eanbzir�eel-wi#3r�-x+er�sard-rno€;-#3eave
-}ire-sHa��-be top o€
t3ge-para�.
X. "wall sign" means a sign attached to or erected on the exterior wall
of the building or structure or on a canopy marquee or similar
overhang with the exposed face of the sign in a plan approximately
parallel to the plane of the exterior wall and not extending above
the eave line. Tke-tap o �-parapet-wall she��-be-EoflsidereF} #3ie
eave 1rne. The lowest part of a mansard-style roof shall be
considered the eave line. takere-e-�erapet1 is-ee�H#red-yri $
maflsard-ree€--tke-eave rime ska}}-ke-tk #op of #3 parapet. (Ord.
129 S5(part), 1977: Ord. 98 S1(part), 1975: Exhibit A 525.38.225. )
SECTION 2: That Section 25.68.030 be and the same is hereby amended to read as
follows:
25.68.030 Sign permit probe.
It is unlawful for any person to erect, alter, or to permit the
erection or alteration of a sign, including painted signs, unless
otherwise excepted by this chapter, upon any property without first
obtaining a written sign permit from the department of envirennentai
seraiees cc uwuty development. Signs exceeding one arc }}ors
one thousand five hundred dollars in value shall be reviewed through
the design-revlerr architectural review commission process as
specified in Chapter 25.70. Application for such permit shall be
made on a form provided by the department of enarrennent:alr-serv#ees
community development and shall be accompanied by a fee as
established by council resolution. The application shall set forth
and contain the following information and material:
2
PLANNDG CCK IISSION RESOLUPION NO.
Three copies of a plan showing the following:
A. The location and size of any building or structures on the
property, in the control of the applicant, both existing and
proposed;
B. The location of off-street parking facilities, including major
points of entry and exit for motor vehicles where directional
signs may be proposed;
C. The position of the proposed sign and its relation to adjacent
buildings and structures under the control of the applicant.
D. The design and size, colors proposed, and proposed location of
the sign or sign structure on the property, under the control of
the applicant;
E. The method of attachment to any structure;
F. A statement stowing sizes and dimensions of all other signs
existing on the property, under the control of the applicant;
G. A statement showing the size and color relationships of such
sign or sign structure to the appearance and design of existing
or proposed buildings and structures on the property;
H. Such other information as the department of envirafrfental
services corn Lity development may reasonably require to secure
compliance with this chapter and the ordinances of the city.
(Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A
SS25.38-3--25.38-3.01. )
I. That the applicant provide a signed statement from the property
owner or his authorized representative that he has reviewed the
proposal and approves of same prior to each submittal to the
cam.
SECTION 3: That Section 25.70.020 deal' with architectural ccomissi n
dealing o
membership be and the same is hereby amended to read as follows:
25.70.020 Nlstiprchip.
The architectural review crnmissicn shall consist of five members and
one or more alternates appointed by the city council; three of them
shall be architects, if available. The non-architect members shall
include persons experienced with color coordination signage design
and visual merchandising. Any alternate member shall serve as a
3
PLANNING CCMUSSION RESOLUTICN NO.
voting member when any one of the five regular members is absent from
the meeting. (Ord. 452 S2(part), 1986: Ord. 326 (part), 1983. )
SECTICN 4: That Section 25.68.120 Permitted signs - Purpose be and the same is
hereby amended to read as follows:
25.68.120 Permitted signs--Purpose.
No signs shall be erected or maintained in any zone as established by
the zoning ordinance except those signs specifically enumerated in
this chapter. The number and area of signs as outlined in this
chapter are intended to be maximum standards which do not necessarily
ensure architectural compatibility. Therefore, in addition to the
enumerated standards, consideration shall be given to a sign's
relationship to the overall appearance of the subject property, as
well as the surrounding community unity with the goal being to minimize
visual pollution, the use of lighting and excessive contrasting
colors. Compatible design, simplicity, and sign effectiveness are to
be used in establishing guidelines for sign approval. (Ord. 129
S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-9. )
SECTICN 5: That Section 25.68.230 Freestanding signs be and the same is hereby
amended to read as follows:
25.68.230 Freestanding signs.
Except for otherwise specified height limitations, freestanding signs
shall not be located on the public right-of-way and shall not exceed
ten six feet in height or-#he hei�i -of -the-�}jeeefrt btii
wkieheveff -is-less unless topographic or other physical features
exist necessitating a higher sign but in no event shall the total
sign structure height exceed ten feet from the ground. (Ord. 129
S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A S25.38-11.05. )
SECTION 6: That Section 25.68.310 Freestanding signs be and the same is hereby
amended to read as follows:
A. A building, commercial complex, shopping center or other
commercial or industrial developments housing more than one (1)
tenant and having frontage on a public street shall be entitled
to one freestanding sign on each street frontage to identify the
building, commercial/industrial complex, or shopping center.
The area of such sign(s) to be determined as follows:
4
PLANNIM CU+1ISSI0N RFSOLUrICN NO.
1. Freestanding signs for buildings, commercial
complexes , shopping centers and other
commercial/industrial developments located on less
than five acres of property shall not exceed one-half
the total allowable signage of the front of the
building and shall be subtracted therefrom and in no
event exceed fifty (50) square feet and-a-heig�t ep€
s -F6}-€eet. Maximum height of these signs shall be
six ( 6) feet unless topographic or other physical
features exist necessitating a higher sign but in no
event shall total sign structure height exceed ten
(10) feet from the ground.
2. Freestanding signs for buildings, commercial
complexes, shopping centers and other commercial/
industrial developments housing more than one tenant
located on five acres of land or more shall be allowed
one identification sign on each right-of-way with an
allowable sign area based on a ratio of ten square
feet per acre to a maximum of 100 square feet.
Maximum height of these signs shall be six feet unless
topographic or other physical features exist
necessitating a higher sign but in no event shall the
total sign structure height exceed ten feet from the
ground.
B. Individual businesses located on their own individual property,
having frontage on a public street and individual (unshared)
access from said public street shall be entitled to a
freestanding sign subject to the area and height limits
delineated in part 1 and 2 of subsection "A" above, as may be
applicable based on the area of the site.
C. When approving any freestanding sign the architectural review
commission shall affirmatively make the finding that said
approval shall visually enhance the aesthetic quality of the
property on which the sign is to be located.
D. All detaehed freestanding signs shall be placed within a permanently
landscaped area of not less than twenty-four square feet, and be
architecturally compatible with the building or complex and not
encroach in the public right-of-way.
E. Notwithstanding the limit of one sign on each right-of-way
when a shopping center or industrial park has street
frontage on any one street in excess of 1600 feet then an
additional sign shall be permitted subject to the signs
being separated by a minimum distance of 400 feet.
5
PLAIZUNG OOvMISSICN RESOLLTPION ND.
In the case of centers in the regional oc mmercial zone
having over 700,000 square feet of gross leasable retail
floor area, said center identification signs may contain
the name of tenants and/or activities conducted within the
center which operate during evening hours.
SECPION 7: That part 'A' of Section 25.68.390 of the code of the City of Palm
Desert be and the same is rescinded.
SECPICN 8: That Section 25.68.480 Sign colors be and the same is hereby
amended to read as follows:
25.68.480 Sign oolaos.
Sign programs for commercial carplexes, shopping centers, other
commercial/industrial developments and individual businesses shall be
limited to not more than three (3) colors which will minimize
excessive contrast.
SECPION 9: That Section 25.68.490 Glare from signs be and the same is hereby
amended to read as follows:
25.68.490 Glare tram signs.
All illu inated signs in all zones shall be designed in such a manner
as to avoid undue glare or reflection of light on private property in
the surrounding area; in no event shall any sign exceed ten
candlepower at then feet from the face of the sign. Internally
illuminated signs shall be limited to a maximum 430 milliamps,
ballast and lamps. (Ord. 129 S4(part), 1977: Ord. 98 S1(part),
1975: Exhibit A 525.38-16.08. )
SECPION 10: That Section 25.68.520 Maximum sign area limitation is hereby
rescinded.
SECPION 11: That Section 25.68.350 Special event signs be and the same is
hereby amended to read as follows.,
25.68.350 Special event signs.
With the approval of the director of community
unity
development, a business may erect one temporary sign, mounted on a
6
PLANND G CXI_MSSION RESOLUTION NO.
wall facia or freestanding, advertising special events, promotions or
sales. The director may approve up to 30 square feet of sign area
depending upon the type of event, building design and right-of-way
frontage for a period not to exceed 30 days per year. Signs approved
under this section must be canpatible and harmonious with the color
of the building and adjacent buildings. When improperly used,
special event signs constitute a public nuisance and may be abated.
Special event signs for periods in excess of 30 days may only be
permitted pursuant to a resolution of the city council granting such
approval which shall specify the period during which the sign may be
displayed.
SE7CPION 1L: That Section 25.68.540 Special permits be and the same is hereby
amended to read as follows:
25.68.540 Special permits.
Nothing contained in this chapter shall prevent the city council from
granting a temporary special permit or otherwise permitting on such
terms as it deems proper, signs or the like advertising or pertaining
to any civic, patriotic, or special event of general public interest
taking place within the boundaries of the city when it can be found
that same will not be materially detrimental to the public welfare,
interest, or safety, nor injurious to adjacent property or
improvements.
Gpasd PAPA TR�-83E,EL9-R18�-be-9Q�IIi%deE�� �t-ciir�1`�tYR3nlltei3l=a'�
sew Sees -stjeet-to- ete cxdctioas. (Ord. 129 S4(part),
1977: Ord. 98 Sl(part), 1975: Exhibit A 525.38-16.13. )
SECTION 13: That Section 25.68.570 Trade construction signs be and the same is
hereby amended as follows:
Section 25.68.570 Trade construction signs.
One unlit sign advertising the various construction trades shall be
permitted on construction sites during the period that valid building
permit approval exists. Such signs shall not exceed sixteen square
feet (16) per twenty thousand (20,000) square feet of land area with
a maximum of thirty-two (32) square feet in area and shall be removed
before a notice of completion is issued for the building being
constructed. No trade construction sign shall exceed five (5) feet
in height. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975:
Exhibit A 525.38-17. )
7
PLANNING M44ISSION RESOLUTION NO.
SECTION 14: That Section 25.68.610 Signs on awnings, marquees, canopies,
arcades or similar structures or attachments be and the same is hereby amended
as follows:
25.68.610 Signs an awnings, marquees, canopies, arcades� or similar
structures or attachments.
A. All awnings or awnings with a sign(s) must be reviewed and
approved by the architectural review ccomission. The awning
(sign) must be architecturally compatible with the building and
as a result an awning may not be appropriate for every building.
B. Pursuant to Section 25.68.470 "Proper maintenance of signs"
awnings must be kept in good repair and be clean and non-faded.
C. Awnings must be substantially attached to the main building
structure.
D. Awning lettering and numbers as well as style and colors must
aesthetically blend with the building.
E. Letter height shall not exceed one-third (1/3) of the awning height
and in no event shall it exceed eight (8) inches.
F. Scalloping on awnings shall not be pronounced.
G. Where applicable, awnings shall contain street numbers four
inches (4") in height with a letter style helvetica medium or
equivalent.
H. Awnings shall not contain phone numbers.
I. Straight drop type awnings (i.e. canvas-vinyl signs) shall not
be encouraged.
SECTION 15: That Section 25.68.605 Lottery signs be added as follows:
25.68.605 Lottery signs.
8
PLANNING C>WSSION RESOLUTION NO.
SECTION 16: That Section 25.38.606 Bingo signs be added as follows:
Section 25.68.606 Bingo signs.
A maximum three (3) square foot sign advertising an upcoming bingo
event may be installed, without permit, no more than forty-eight (48)
hours before the event and must be removed immediately following the
event.
SECTION 17: That Section 25.68.607 Lights outlining buildings/windows be
added as follows:
25.68.607 Lights outlining buildings/window^.
A. Flood lights and accent string lighting outlining the building
exterior or perimeter and/or window areas must be integrated
with the building architecture and as such must be reviewed and
approved by the architectural review commission. In no event
shall blinking, rotating, flashing or twinkling lights be used.
B. During the period from Thanksgiving Day until New Years Day the
above noted lights may be displayed without review and approval
by the city.
SECTION IS: That Section 25.68.470 Proper maintenance of signs be and the same
is hereby amended as follows:
25.68.470 Proper maintenanoe of signs.
1. For the public health, safety and welfare, every on-premise sign
shall be maintained in a safe, presentable and good structural
material condition at all times, including the replacement of
defective parts, wiring, ballast, painting, repainting, cleaning
and other acts required for the maintenance of said sign whether
done on site or in licensed contractor's place of business. If
the sign is not made to comply with safety standards, the
director of code compliance shall require its removal in
accordance with this section.
2. Signs illuminated either internally or externally must be
capable of being fully illuminated and legible, the face(s)
intact (without holes or other exterior facial damage). Any
illuminated sign not in accordance with these and other
maintenance standards in this section shall be cited by the
director of code compliance and must be brought into compliance
with said standards or proof of a contract for repair and
9
PLAMFDG CavMISSION RESOLUTION NO.
maintenance must be provided within 30 days or shall be subject
to abatement as a public nuisance. Illuminated signs that,
because of expired or damaged lighting elements, became non-
legible will be ordered to remain unlighted until repair.
3. In case of abandoned signs, the identification, name and copy
pertaining to the abandoned business must be removed and
replaced with a blank panel or white space within 30 days of
user vacancy. This does not apply to permanent, legal signage
or legal non-conforming sign structures or sign cabinets. All
notices of violation must be sent by the director of code
compliance by certified mail. Any time periods provided in this
section shall be deemed to oomience on the day of the receipt of
the certified mail. Any person having an interest in the sign
or the property may appeal the citation ordering the removal of
compliance by filing a written notice of appeal with the
planning commission within 30 days after the date of mailing the
notice, or 30 days after receipt of the notice was not mailed.
4. When it is determined by the city that said sign shall cause
imminent danger to the public safety, and contact cannot be made
with a sign owner or building owner, no written notice shall
have to be served. In this emergency situation, the city may
correct the danger. The city shall cause to have removed any
sign that endangers the public safety, such as an abandoned,
materially dangerous electrically or structurally defective
sign. Any sign removed by the city pursuant to the provision of
this section shall become the property of the city and may be
disposed of in any manner deemed appropriate by the city. The
cost of the removal of any sign by the city shall be considered
a debt awed to the city by the vanes of the sign and the owner
of the property and may be recovered in an appropriate court
action by the city or by assessment against the property as
hereinafter provided. The cost of removal shall include any and
all incidental expenses incurred by the city in connection with
the sign's removal.
SDCPION 19: That Section 25.68.440 Sign review criteria be and the same is
hereby amended as follows:
25.68.440 Sign review criteria.
All signs which are regulated by this chapter shall be subject to the
approval of the deeien-review architectural review commission
process. In approving or rejecting a particular sign permit, the
reviewing body shall utilize the following review criteria:
10
PLANNIM OCW SSION RESOLUTION NO.
A. That the sign is necessary for the applicant's enjoyment of
substantial trade and property rights;
B. That the sign is consistent with the intent and purpose of this
chapter and title;
C. That the sign does not constitute a detriment to public health,
safety, and welfare;
D. That the size, shape, color, and placement of the sign is
compatible with and bears a harmrn;ous relationship to the
neighborhood and other signs in the area;
E. That the size, shape, color, and placement of the sign is
corpatible with and bears a harmonious relationship to the
neighborhood and other signs in the area;
F. That both the location of the proposed sign and the design of
its visual elements ( lettering, words, .figures, colors,
decorative motifs, spacing, and proportions) are legible under
normal viewing conditions prevailing where the sign is to be
installed;
G. That the location and design of the proposed sign does not
obscure from view or unduly detract from existing or adjacent
signs.
H. That the location and design of the proposed sign, its size,
shape, illumination, and color are compatible with the visual
characteristics of the surrounding area so as not to detract
from or cause depreciation of the value of adjacent developed
properties;
I. That the location and design of a proposed sign in close
proximity to any residential district does not adversely affect
the value or character of the adjacent residential district; and
J. That any neon signs shall be made an integral part of the
building design with careful attention to color, intensity of
light and the use of soft tones shall be encouraged. (Ord. 129
S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A 525.38-
16.02).
11
i
PLANND G C, 4MSSION RFSOLUPIGN NO.
SE7CrICN 20: That Section 25.68.760 Penalties be and the same is hereby amended
as follows:
25.68.760 Penalties.
Violations of any of the provisions of this chapter are misdemeanors
punishable as provided for in Section 1012.020.
SRS/tm
12
PALM DESERT BUSINESS COMMUNITY SIGN ORDINANCE TASK FORCE
REPORT AND RECOMMENDATIONS
TO THE
CITY OF PALM DESERT
Regarding: Approval of amendments to the Sign Ordinance, Section 68, as it
applies to signs and awnings.
Item I. The Task Force
A. Participants in the Task Force and in the formation of this report include
the following:
1. Sandy Baum - Suncastle Real Estate
2. Claude Browning - George Elkins Property Management
3. Daniel L. Ehrler - Palm Desert Chamber of Commerce
4. Jim Engle - Imperial Sign Company
S. Larry Grotbeck - El Paseo Business Association
6. Dan Henderson - D.J. Enterprises
7. Robert Keenan - Sign Users Council of California
8. Dave Newsome - Ahmanson Commercial Development Company
9. Donald Rowan - Great Western Real Estate
Item IL The Process,
The Task Force met May 10, 1989, and reviewed the proposed amendments.
The following recommendations were agreed upon by consensus. Unless otherwise
indicated, the recommendations were unanamous. When there was a minority
opinion on an item, it is so stated.
s
The Task Force received the first draft for review and any revisions. The
Task Force met, again, to finalize the report and recommendations. The final
draft is now before the City's Sign Ordinance Subcommittee for review and
discussion with the Task Force.
Item III. Recommendations
This section consists of the sign ordinance section and proposed revisions.
Following each section(s) will be the recommendation(s) or comment(s) from
the Task Force.
SECTION 25.68.020.
J. "Freestanding sign" means a sign supported by up-right pedestals
or braces placed upon or into the ground and detached from any
building.
T. "Roof sign" means a sign affixed on, above, or over the roof of any
building, or any sign affixed to the wall of a building so that it projects
above the eave line of a roof. The top af-a-parapet-malt-shek e
eonsidered--Oye-eaae-line. The lowest point of a mansard style roof
shall be considered the eave line. Where a parapet wall-is-emnbrined
errth-c-cmmsatd-roof,-iheeaye line-shaH be the top Ofth"&1aFet.
X. "Wall sign" means a sign attached to or erected on the exterior wall
of the building or structure or on a canopy marquee or similar overhang
with the exposed face of the sign in a plane approximately parallel
to the plane of the exterior wall and not extending above the eave
line. eke top of . pat apet wall shall be mnside*rhtFccave line.
The lowest part of a mansard-style roof shall be considered the eave .
line. Where a parapet _M! is cotabined with - -----' ---` the
eave-Hnesha*-bethetep-of-the parapet: (Ord. 129 S5 (part), 1977:
Ord. 98 S1 (part), 1975: Exhibit A S25.38.225.)
"J", "T" and "V: Clarification is needed. Should be more specific. The Task
Force recommends the following definitions as provided by the Sign Users Council of
California.
- 3 -
DEFINITIONS
These definitions shall pertain to "on-premise advertising displays" only as
defined by State Law or common use among the industry, sign users and local and
county governments. (As noted).
SIGN: Means any structure, housing, sMg}lldevice, figure, statuary, painting,
display, message placard, or contrivance, or any part thereof, which is intended
or used to advertise, or provide data or information in the nature of advertising,
for any of the following purposes:
1. To designate, identify, or indicate the name of business of the owner
or occupant of the premises upon which the advertising display is located.
2. To advertise the business conducted,,services rendered, or d6ods.produced-,-3
:sold, or available.for sale,upon the-property upon which the advertising
display has been lawfully erected. (State Law).
FREESTANDING SIGN: Any sign erected and mounted directly to the ground
. and not attached in any manner to a building. These signs are mounted on or
attached to one or more uprights, i.e. pole sign, detached sign, pylon sign or
ground sign. All such signs must have air space immediately below the sign
face and the ground. See Monument Sign.
MONUMENT SIGN: Any freestanding sign that is mounted directly upon the
ground and that has a solid base which contains no air space between the sign
face and the ground.
- 4 -
ROOF SIGN: Any sign erected upon, over or directly above the roof and roof
line or above the parapet of a building so as to change the original building
silhouette.
WALL SIGN: A sign erected upon or attached in any manner to an exterior
wall or building elevation that is on a plane approximately parallel to the plane
of the exterior wall or building elevation and that does not extend above the
roof line or parapet.
MANSARD ROOF: An architectural appendage attached to a building with
a sloped decorative roof element attached to the face of a building.
MANSARD SIGN: Signs affixed to a mansard roof and are considered wall sign
ABANDONED SIGN: See State Law B & P Code Chapter 2.5 Section 5490.
(f) and Chapter 2.6 section 5499.1 (2).
ILLEGAL SIGN: See State B & P Code Chapter 2.5 Section 5497, Section (a)
through (i) and Chapter 2.6 Section 5499.1 (a).
LEGAL NON CONFORMING SIGN: Any sign that was legally erected under
an existing code but does not meet the criteria of any subsequent sign code.
These signs are deemed legal by State Law and may not be required to conform
yV or be abated or amortized out of existence provided they are maintained.
/ B & P Code Chapter 2.5 Sections 5491, 5491.1, 5491.2, 5492, 5493, 5494.
- 5 -
Section to be added to the new or revised Palm Desert Sign Code as man-
dated by State Law (B & P Code Chapter 2.5 Section 5491.1)
d
Further definition will be made available upon request. Drawings for each definition
are still not complete but the language can move forward without them. Check
with the local fire department for their definition for a roof. This might help
in securing signs or mansard roofs as wall signs.
ILLUMINATED ARCHITECTURAL CANOPY SIGN: An internally illuminated1
canopy that contains identification or advertising copy. Copy area is only that a
area that contains copy and shall be considered a wall sign provided that the �0
structure is attached to the exterior wall of a building with the exposed face
in a plane approximately parallel to the plane of the exterior wall.
NOTE: Contact your local Department of Weights and Measures for the State
Law and requirements for service station GAS PRICE SIGNING.
Section 25.68.030 Sign permit procedure.
Subsection I will be added:
L That the applicant provide a signed statement from the
property owner or his authorized representative that he
has reviewed the proposal and approves of same prior to
each submittal to the city.
The Task Force has a number of comments and recommendations. They
include the following:
- 6 -
A. A set of perimeters or guidelines, for small businesses should be established j
so the business can receive approval for signage without going through
the full sign-approval process. "Keeping it simple" could help the approval
process efficiency level for up to, potentially, 80% of all applicants.
B. When it is deemed necessary, the Architectural Review commission needs
to be utilized. The Task Force recommends A.R.C. membership include
personnel experienced with (Color coordination, design signage and visual
merchandising, architects and a business-community representative
The A.R.C. size should be increasedao seven(7) members'
SECTION 25.68.100 ABATEMENT OF ILLEGAL SIGNS.
The director of envirenmentei-servi-ees code compliance shall see
that this chapter is enforced. He shall not permit, and shall abate,
any sign within the city which fails to meet the requirements of this
chapter or other applicable law.
The director of envirnementa4-serviees code compliance, or his
authorized representative, shall remove any temporary sign for
which a sign permit has not been obtained as required by this
chapter. The director of environmental-servi-ees code compliance,
or his authorized representative, shall notify the owner or user of
a permanent sign which has been installed without the acquiring
of a sign permit that the illegal sign shall be removed within
ten days. Upon receipt of this notice, the owner or user of a
permanent sign that is determined to be illegal does have the
right to appeal the decision or notice within ten days thereafter
to the city council pursuant to the provisions of Chamber 8.20
of this code. Any illegal permanent signs existing prior to the
enactment of this chapter shall not be abated by the city until
one year after February 24, 1977. (Ord. 129 S4(part), 1977:
Ord. 98 S1 (part), 1975: Exhibit A 525.38-6).
The Task Force recommends that section 5497 of the state code be utilized:
- 7 -
5497. Ordinance or regulations requiring uncompensated removal of display s
meeting certain criteria:
A city or county,whose ordinances or regulations were introduced or adopted
after March 12, 1983, or any amendments to those ordinances and regulations,
is not in violation of section 5491 if it elects to require the removal, without
compensation, of any on-premise advertising display which meets any of the
following criteria:
(a) Any advertising display erected without first complying with all ordinances
and regulations in effect at the time of its construction and erection or use.
(b) Any advertising display which was lawfully erected anywhere in this
state, but whose use has ceased, or the structure upon which the display has
been abandoned by its owner, for a period of not less than 90 days. Costs incurred
in removing an abandoned display may be charged to the legal owner.
(c) Any advertising display which has been more than 50 percent destroyed,
and the destruction is other than facial copy replacement, and the display cannot
be repaired within 30 days of the date of its destruction.
(d) Any advertising display whose owner, outside of a change of copy, requests
permission to remodel and remodels that advertising display, or: expand or
enlarge the building or land use upon which the advertising display is located,
and the display is affected by the construction, enlargement for remodeling,
or the cost of construction, enlargement, or remodeling of the advertising display
exceeds 50 percent of the cost of reconstruction of the building.
(e) Any advertising display whose owner seeks relocation thereof and relocates
the advertising display.
- 8 -
(f) Any advertising display for which there has been an agreement between
the advertising display owner and the city or county, for its removal as of any
given date.
(g) Any advertising display which is temporary.
(h) Any advertising display which is or may become a danger to the public
or is unsafe.
(i) Any advertising display which constitutes a traffic hazard not created
by relocation of streets or highways or by acts of any city or county.
0) Ordinances adopted by a city within three years of its incorporation,
which incorporation occurs after March 12, 1982, shall not be subject to Section
5491 except as provided by Section 5494.
(Added by Stats.1983, c. 1232, § 1.)
W Notwithstanding subdivision 0), for any city or county incorporated after
January 1, 1989, an ordinance initially adopted within three years of incorporation,
or any amendment thereto within that three-year period, may require removal
without compensation,except that no removal without compensation may be
required within 15 years from the effective date of that ordinance or amendment.
(Added by Stats.1988)
Section 25.68.120 Permitted Signs -Purpose.
No signs shall be erected or maintained in any zone as established
by the zoning ordinance except those signs specifically enumerated
in this chapter. The number and area of signs as outlined in this chap-
ter are intended to be maximum standards which do not necessarily
ensure architectural compatibility. Therefore, in addition to the enum-
erated standards, consideration shall be given to a sign's relationship
to the overall appearance of the subject property, as well as the surr-
ounding community with the goal being to minimize visual pollution,
the use of the lighting and excessive contrasting colors. Compatible
design, simplicity, and sign effectiveness are to be used in establish-
ing guidelines for sign approval. (Ord. 129 S4(part), 1977: Ord. 98
S1(part), 1975: Exhibit A 525.38-9).
- 9 - ,
The Task Force has two opinions of this section.
A. Majority: Agrees with 25.68.120 language as it reads and believes it shows
good intent.
B. Minority: Believes the section should be deleted entirely. In its place
should be the first paragraph of Section 25.68.010.
25.68.010 intent and purpose. This chapter is intended to implement the goals
and policies of the general plan, particularly with regard to developing a city
that is visually attractive and preserving and enhancing the visual aspects of
the city's streets and highways. This chapter is also intended to provide for
a more orderly presentation of advertising displays and identification on proper-
ties ,within the city which are zoned commercial, industrial, and residential;
to bring those devices in harmony with the building, the neighborhood, and other
signs in the area; to protect the general welfare of the businessmen and residents
within the same area, as well as the citizens of Palm Desert, and to do so by
regulating and controlling the location, design, quality of materials, illumination,
and maintenance of signs and sign structures. (Ord. 129 §4(part), 1977: Ord.
98 §1 (part), 1975: Exhibit A §25.38-1).
Section 25.68.230 Freestanding signs.
Except for otherwise specified height limitations, freestanding
signs shall not be located on the public right-of-way and shall not
exceed Len six feet in height or the height of the adjacent build-
ing, whichever is less (Ord. 129 S4(part), 1977: Ord. 98 SI(part),
1975: Exhibit A S25.38-11.05.)
The Task Force believes "ten" feet should remain. Also, clarification is
needed regarding this section.
Section 230 above deals with freestanding signs in "other resi-
dential zones". Presently, Freestanding signs in commercial
areas are covered under two sections: 310 and 390.
Section 310 basically deals with the general commercial zone
while section 390 deals with larger parcels of land (i.e.: district
and regional centers PC zone and industrial parks). The sub-
committee felt that the two sections should be replaced
with a consolidated section using some of the restrictions
- 10 -
from each.
The goal of this new section on freestanding signs will be to
provide center identification only, or individual business identi-
fication in the case of individual businesses on its own sep-
arate property. In the case of center identification signs gen-
eral types of tenants may be described but no specific tenant
names may be used.
The new section 25.68.310 Freestanding signs will read:
A. A building, commercial complex, shopping center or
other commercial or industrial developments housing
more than one (1) tenant and having frontage on a
public street shall be entitled to one freestanding
sign on each street frontage to identify the build-
ing, commercial/industrial complex, or shopping
center. The area of such sign(s) to be deter-
mined as follows:
1. Freestanding signs for buildings, commercial com-
plexes, shopping centers and other commercial/
industrial developments located on less than
five acres of property shall not exceed one-half
the total allowable signage of the front of the
building and shall be subtracted there from and
in no event exceed fifty (50) square feet and a
height of six (6) feet.
2. Freestanding signs for buildings, commercial
complexes, shopping centers and other comm-
ercial industrial developments housing more
than one tenant located on five acres of land
or more shall be allowed one identification sign
on each right-of-way with an allowable sign
area based on a ratio of ten square feet per
acre to a maximum of 100 square feet. Max-
imum height of these signs shall be six feet.
B. Individual businesses located on their own individual prop-
erty, having frontage on a public street and individual (un-
shared) access from said public street shall be entitled to
a freestanding sign subject to the area and height limits
delineated in part 1 and 2 of subsection "A" above, as may
be applicable based on the area of the site.
C. When approving any freestanding sign the Architectural
Review Commission shall affirmatively make the finding
that said approval shall visually enhance the aesthetic quality
of the property on which the sign is to be located.
D. All detached freestanding signs shall be placed within a per-
manently landscaped area of not less than twenty-four square
feet, and be architecturally compatible with the buildiing or
complex and not encroach in the public right-of-way.
- 11 -
The Task Force recommends that the current language should be retained,
and the proposed language not be implemented.
For additional input, please refer to the following letter:
May 3, 1989
"Dear Dan:
Here are a couple of notes concerning the sign ordinance.
Section 25.68.310
A. In addition to a sign on each street frontage
there should also be a provision for a sign from
a parking lot such as President's Plaza.
I also have a hard time with the idea of having the redevelopment agency
fund a program for manufacturing and installing signs. /
Ella Manor"
Section 25.68.480 Sign colors.
Sign programs for commercial complexes, shopping centers,
other commercial/industrial developments and individual
businesses shall be limited to not more than three (3) colors
which will minimize excessive contrast.
The Task Force recommends that the new language not be implemented
and that the current language be retained.
- 12 -
Section 25.68.490.
This section is under review with a view to reducing glare
and light intensity and establishing measurable criteria
on which to evaluate the signs. This information will fol-
low when compiled.
The Task Force recommends this section's continuance as currently written.
Section 25.68.520 Maximum sign area limitation.
Finless-otherwise suEheriEecl hey t}tis chapter,-regardless-of
the-gone where msxi-
mun" arts-neeessm-y to-i4en+ify-the•tt9e.
(Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit
A 525.38-16.11).
The Task Force agrees with the deletion.
Section 25.68.540 Special permits.
Nothing contained in this chapter shall prevent the city council
from granting a temporary special permit or otherwise permitting
on such terms as it deems proper, signs or the like advertising
or pertaining to any civic, patriotic, or special event of general
public interest taking place within the boundaries of the city
when it can be found that same will not be materially detrimental
to the public welfare, interest, or safety, nor injurious to adjacent
property or improvements. /
S d
Grand opening and "going out of business" signs nIFt be ap-
proved by the director of environmentM-serviees communi-
ty development subjeetto-appropriate-conditions. (Ord. 129
S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A 525.38-
16.13).
Signs approved under this section must be compatible and
harmonious with the color of the building and adjacent
buildings. Said signs will be strictly limited to the num-
ber of days they may be displayed as well as other appro-
priate conditions.
I
- 13 -
Generally, the Task Force agrees with the section and its revisions. However,
it has two opinions regarding the number of days "Grand Opening" and "Going
out of Business" signage should be up.
Majority: Recommends Grand Opening = 30 days maximum; Going Out of /
Business ={70-dags maximum.
aq,Z�-� N c c
Minority: Recommends no number of days be specified for either type of
signage.
Section 25.68.570 Trade construction signs.
One unlit sign advertising the various construction trades
shall be permitted on construction sites during the period
that valid building permit approval exists. Such signs shall
not exceed three fifteen square feet per twenty thousand
square feet of land area with a maximum of thirty-two
square feet in area and shall be removed before a notice
of completion is issued for the building being construc-
ted. No trade construction sign shall exceed eight five
feet in height. (Ord. 129 S4(part), 1977: Ord. 98 S1(part),
1975: Exhibit A 525.38-17).
The Task Force recommends there should be a 32 square foot minimum and
a.maximumof 64 square feet for the permitted trade construction sign on a
site. The permitted height should be 12 feet.
Section 25.68.610 Signs on awnings, marquees, canopies,
arcades or similar structures or attachements.
A. All awnings or awnings with a sign(s) must be reviewed
and approved by the Architectural Review Commission.
The awning(sign), must be architecturally compatible
with the building and as a result an awning may not be
appropriate for every building.
B. Pursuant to section 25.68.470 "Proper maintenance of
signs" awnings must be kept in good repair and be clean
and non-faded.
- 14 -
C. Awnings must be substantially attached to the
main building structure. (Task Force recommends
"awnings must be attached to the satisfaction of
the Building and Safety Director".)
D. Awning lettering and numbers as well as style
and colors must aesthetically blend with the
building. —
E. Letter height shall not exceed one-third (1/3) of
the awning height and in no event shall it exceed
eight (8) inches.
F. Scalloping on awnings shall not be pronounced.
G. Where applicable, awnings shall contain street num-
bers four inches (4") in height with a letter style
helvetica medium or equivalent.
H. Awnings shall not contain phone numbers.
I. Straight drop type awnings (i.e. canvas-vinyl signs) n
are prohibited.
The Task Force has chosen to reflect comments and recommendations from
Task Force members:
A. We agree that awnings on buildings and signage on awnings are significant
elements within a streetscape and can make a major contribution to
the character of the environment. The color and letterstyle of the awning
and sign should be a sophisticated statement that is a reflection of the
character of the merchandise or quality of the service that is offered.
Limiting colors to only those that "blend" with the building would require
merchants to forfeit the opportunity to create distinctive, tasteful identifi-
cation elements that are so important in a strong pedestrian area. Generous
r
street amenities and strong visual d✓ Key factors in enti-
cing shoppers to spend more time strolling. A merchant's sign or awning
are as important in attracting a customer as is the merchandise on display
or service offered behind the front door.
- ls -
We recommend that the color restrictions on awnings not be imposed, nor
should there be limitations for awnings with scalloped edges. The Architectural
Commission can "weed out" unacceptable colors, letterstyle combinations and
sloppy edge treatments as they are submitted. We also recommend that the
letter height not be restricted to 8", but be restricted by the overall proportion
of the word(s) to the awning size, the style of the awning and the degree of
contrast between the letters and the background material. An 8" letter may,
in some cases appear too large, in others too small. Also, the context of the
awning is extremely important when considering the appropriate letter size
and color.
When reviewing awnings, the following should be considered:
1. The movement of vehicular and pedestrian traffic;
2, sight line obstructions, both temporary and permanent;
3. architectural features of the base building;
4. the number of directions from which the awning/sign will be viewed;
5. landscaping and lighting;
6. sun orientation;
7. relationship to othe buildings and signs.
Because the judgement of these elements requires knowledge of color theory,
design principles and retailing fundamentals, its our belief that consideration
must be given to structuring the Architectural Commission with personnel that
is experienced in dealing with these elements.
I
- 16 -
B. 1. No provisions are made for logos and we assume that size, color and
.placement will be considered on a case by.case basis.
2. Color of awning should not be limited to those that "blend" with the
building. Contrasting colors when properly chosen for tone and inten-
sity create a tasteful statement while drawing attention to the business.
We STRONGLY recommend one or more members of the Architectural
Commission possess interior design or color scehme skills so decisions
can be made concerning color, logo size, and awning design compat-
ibility with the structure.
3. Twelve inch maximum letter height not to exceed one-third of awning
height.
4. Straight drop awning if properly designed and tailored for a specific
building can be both attractive and effective (i.e. Andrew Lawrence).
See 2. above for design skills necessary on the commission to make
these decisions.
5. We encourage the use of street numbers on awning where building
numbers are obscure.
C. .A. Guidelines are needed.
B. Agree with H. Phone numbers are out of place on an awning.
C. Awnings are needed.
1. Businesses need to promote themselves and awnings assist that effort.
D. D - "aesthetically": Subjectivity is burdensome and conflicting. Also costly.
- 17 -
E. E - Eight inch (8"): Too small. Could be dangerous.
F. I - "straight drop": Further definition needed.
G. Policy is restrictive.
H. F - If business is type that pronounced scalloping on awning follows
its theme, it should be approved.
1. "Pronounced" - need for clarification of definition.
I. A - Which buildings are not entitled to an awning?
J. B - Agree.
K. C - Awnings which fit into scheme of setting but are not attached
meet a need and can be useful to area.
L. G - 4" is very small. Could be dangerous.
M. G and H - Awning should not contain both address and phone number.
In conclusion, the Task Force will come to the joint Task Force-City meeting
with specific language proposals on section 25.68.610.
L25.68.605 Lottery signs.
s, window signs and wall signs promoting or adver-
the California State Lottery must be reviewed anded pursuant to this section. Lottery signs will be
d in the overall total sign area allocated to the
s based on its frontage.
sk Force recommends that the second sentence be removed. We also
d that "...approved pursuant to this section" be replaced with ...approval
eed State Lottery requirements."
- 18 -
Section 25.68.606 Bingo signs.
A maximum three (3) square foot sign advertising an upcoming
bingo event may be installed, without permit, no more than
forty-eight (48) hours before the event and must be removed
immediately following the event.
Acceptable.
Section 25.68.607 Lights outlining buildings/windows.
A. Flood lights and accent string lighting outlining the build-
ing exterior or perimeter and/or window areas must be
integrated with the building architecture and as such must
be reviewed and approved by the Architectural Review
Commission. In no event shall blinking, rotating, flash-
ing or twinkling lights be used.
B. During the period from Thanksgiving Day until New Years
Day the above noted lights may be displayed without re-
view and approval by the city.
Acceptable.
OTHER ISSUES (FROM CITY STAFFS PROPOSALS):
One of the major concerns of the subcommittee involved
awning and sign maintenance. Staff will be stepping up
enforcement in this regard through the use of the existing
code section. Should this section prove inadequate then new
language will be provided. This section will also be used to
get building owners to cover over empty sign cabinets and to
keep clocks and fountains in repair and working order.
The city attorney will be asked to review the penalty section
of the ordinance with a view to increasing same for persons
installing sign before obtaining approval or for installing
signsdifferentfrom that approved.
In an effort to upgrade signs in certain sections and blocks
of the city, the redevelopment agency will be asked to
fund a program which would establish a uniform sign
program and cover the cost of manufacturing and instal-
ling the signs.
The subcommittee also reviewed in detail the issue of the
use of neon but could not come to conclusion on it. Gener-
ally it was felt that neon should not be totally prohibited
- 19 -
in that there may be instances where it could be arch-
and compatibly integrated with the de-
sign of the building. This issue should be discussed
and included in the package sent on to the city council.
Regarding paragraph one, the Task Force wishes to refer to the sign maintenance
and repair material from the Sign Users Council of California and recommends
its usage:
1. For the public health, safety and welfare, every on-premise sign shall be
maintained in a safe, presentable and good structural material condition
at all times, including the replacement of defective. parts, wiring, ballast,
painting, repainting, cleaning and other acts required for the maintenance
of said sign whether done on site or in licensed contractor's place of business.
If the sign is not made to comply with safety standards, the Director of Code
Compliance shall require its removal in accordance with this section.
Z. Signs illuminated either internally or externally must be capable of being
fully illuminated and legible, the face(s) intact (without holes or other exterior
facial damage). Any illuminated sign not in accordance with these and other
maintenance standards in this section shall be cited by the Director of Code
Compliance and must be brought into compliance with said standards or proof
of a contract for repair and maintenance must be provided within 30 days
or shall be subject to abatement as a public nuisance. Illuminated signs that,
because of expired or damaged lighting elements, become non-legible will
be ordered to remain unlighted until repair.
- a0 -
3. In case of abandoned signs, the identification, name and copy per aining to
the abandoned business m be removed and replaced with a blank panel
I Vi V,y
or-w ire space wi ir�Kda s of user vacancy. This does not apply to permanent,
legal signage or lega non-conforming sign structures or sign cabinets. All
notices of violation must be sent by the City Director of Code Compliance
by certified mail. Any time periods provided in this section shall be deemed
to commence on the day of the receipt of the certified mail. Any person having
an interest in the sign or the property may appeal the citation ordering the
removal of compliance by filing a written notice of appeal with the Planning
Commission within 30 days after the date of mailing the notice, or 30 days
after receipt of the notice was not mailed.
4. When it is determined by the city that said sign shall cause imminent danger to
C the public safety, and contact cannot be made with a sign owner or building
owner, no written notice shall have to be served. In this emergency situation,
the city may correct the danger. The city shall cause to have removed any
sign that endagers the public safety, such as an abandoned, materially dangerous
electrically or structurally defective sign. Any sign removed by the city pur-
suant to the provision of this section shall become the property of the city
manner deemed appropriate b the cit . The
and may be disposed of in any man dy y
cost of the removal of any sign by the city shall be considered a debt owed to
the city by the owner of the sign and the owner of the property and may be
recovered in an appropriate court action by the city or by assesment against
the property as hereinafter provided. The cost of removal shall include any
and all incidental expenses incurred by the city in connection with the sign's
removal. Regarding paragraph four, the Task Force makes the following
recommendations:
- 21 -
1. Every exposed (visible) neon tubing sign should go through the Architectural
Review Commission.
2. This signage type should be approved and permitted.
Item M Conclusion:
The Palm Desert Business Community Sign Ordinance Task Force cares
deeply about the significance of the proposed sign ordinance amendments.
Just as strong as our belief is for the ability of a business to appropriately identify
itself, we believe Palm Desert deserves the best in quality and excellence.
There is no reason why we cannot achieve both.
'I
CITY COUNCIL ORDINANCE NO. 326
EXHIBIT "A"
CHAPTER 25.70
ARCHITECTURAL COMMISSION
GOALS/POLICIES/PROCEDURES
25.70.010 Architecttral commission established. An architectural commission is
established in order to accomplish the following:
A. Review commercial, industrial, multifamily projects and single- family dwellings
and approve subject to conditions and/or with changes, or deny said projects;
B. Recognize the interdependence of land values and aesthetics and provide a
method by which th!! city may implement this interdependence to its benefit;
C. Encourage the development of private and public property in harmony with the
desired character of the city and in conformance with the guidelines provided in this title
with due regard for the public and private interests involved;
D. Foster attainment of those sections of the city's general plan which specifically
refer to the preservation and enhancement of the particular character and unique assets
of the city and its harmonious development, through encouragement of private and public
interests to assist in the implementation process;
E. Assure that the public benefits derived from expenditures of public funds for
improvement and beautification of streets and other public structures and spaces shall be
protected by the exercise of reasonable controls over the character and design of
buildings and open spaces.
25.70.020 Membership. The architectural commission shall consist of five (5)
members appointed by the city council; three of whom shall be architects (if available).
O 25.70.030 Appointment and term of office. The voting members of the architectural
commission shall be appointed by the city council. The first voting members of the
commission shall be appointed for the following terms:
A. Two (2) shall serve for a term of four (4)years;
B. One shall serve for a term of three (3) years;
C. One shall serve for a term of two (2) years; and
D. One shall serve for a term of one year.
Thereafter the term of office for voting members shall be four (4) years.
If a member is unable to serve for three consecutive regular meetings, the chairman
or acting chairman shall declare the office of such member vacant. The secretary shall
immediately thereafter inform the city council.
25.70.040 Secretary. The director of environmental services shall serve as the official
secretary to the architectural commission. The records of all proceedings and the basis
for all findings shall be available to the city council and to the public.
25.70.050 Meetings. The architectural commission shall hold two (2) public meetings
a month when there is business to conduct.
25.70.060 Rules. The architectural commission shall adopt rules and regulations for
the conduct of its business. Three (3) voting members shall constitute a quorum. The
affirmative or negative vote of a majority of the members present shall be sufficient for
it to take action.
25.70.070 Jurisdiction.
A. General: Unless plans, elevations and proposed signs for buildings or structures
or alterations thereto, have been approved by the architectural commission, or by the city
council on appeal, no permit shall be issued for any building, structure, sign or other
development of property or appurtenances or alterations thereto, except in single-family
residential districts. Architectural review may be a condition of an approval of a
conditional use permit or a variance in a single-family residential district.
CITY COUNCIL ORDINANCE NO. 326
B. Exceptions: When, in the opinion of the director of environmental services, the
approval of an application for a minor or insignificant permit does not defeat the purposes
and objects of this article, he may grant the permit without submitting the matter to the
architectural commission for its approval, notwhithstanding any other provisions of this
section or this article. In addition the director of environmental services shall be
authorized to issue sign permit approvals for signs having a 'Value of less than $1,500.00.
The decision of the director of environmental services shall be subject to appeal made to
the architectural commission.
25.70.080 Building relocation. The architectural commission shall review all plans
submitted with applications for moving buildings within or into the city. Photographs shall
be included with the application showing all elevations, the structure proposed to be
moved, the proposed site, and the buildings adjacent to the proposed site. The commission
shall determine whether the building proposed to be moved will fit harmoniously into the
neighborhood wherein it is to be located. It may approve, approve with conditons, or
disapprove the issuance of a permit to move such building.
25.70.085 Staff review of a single-family residence. The staff of the department of
environmental services shall review applications for the issuance of a building permit for
a dwelling in the single-family and residential estate zones. The staff shall utilize the
criteria in Sections 25.70.090 in approving or causing to be modified such a request. The
staff, on its own initiative, may forward such a request to the design review board for
action.
25.70.090 Action of the commission. To approve an application, the commission shall
find the following:
A. That the proposed development conforms to any legally adopted development
standards;
B. That the design and location of the proposed development and its relationship to
neighboring existing or proposed developments and traffic is such that it will not impair
the desirability of investment or occupation in the neighborhood; and that it will not
unreasonably interfere with the use and enjoyment of neighboring existing or proposed
developments and that it will not create traffic hazards or congestion;
C. That the design and location of the proposed development is in keeping with the
character of the surrounding neighborhood and is not detrimental to the harmonious,
orderly and attractive development contemplated by this title and the general plan of the
city;
D. That the design and location of the proposed development would provide a
desirable environment for its occupants, as well as for its neighbors and that it is
aesthetically of good composition, materials, textures and colors;
E. The proposed use must conform to all the requirements of the zone in which it is
located and all other applicable requirements;
F. The overall development of the land shall be designed to ensure the protection of
the public health, safety and general welfare.
25.70.100 Staff review. The environmental services staff shall process and review all
architectural commission applications and shall act as professional advisors to the
commission. Other staff members may provide advice to the commission depending upon
the complexity of the project and the need for specific expertise.
25.70.110 Effective date of decision. A decision or order of the commission or the
director of environmental services shall not become effective until the expiration of ten
(10) days after the date upon which a ruling of the commission or the director of
environmental services has been made.
25,70,120 Appeals.
A. The applicant or any interested party may file an appeal to the city council on
any decision of the architectural commission.
B. The applicant or any interested party may appeal to the architectural commission
any decision of the director of environmental services.
C. The appeal shall be held or made within ten (10) days. Except for appeals made to
the city council, appeals shall set forth the alleged inconsistency or nonconformity with
procedures or criteria set forth in this article or standards set forth in or pursuant to this
code. The council shall decide an appeal within thirty (30) days of the filing of such appeal
unless an extension of time is consented to by the applicant and such filing shall suspend
any building permit issued pursuant to the ruling of the architectural commission or
director of environmental services until the appeal has been decided.
r
CITY COUNCIL ORDINANCE NO. 326
0 ' 'on of members for interest in buildings
25.70.13 Dis ' 'cati qualifi dins.
A. Any member of the architectural commission who shall be employed to execute a
plan, building or structure of any kind requiring the approval of the commission or who
shall take part in competition for any such building or structure, shall be disqualified from
voting and shall abstain and step down from proceedings on that item.
B. Commission members with projects before the architectural commission shall file
projects under the same rules, procedures and guidelines as set forth.
L
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CITY COUNCIL ORDINANCE NO. 422
y
EXHIBIT "A"
SECTION I:. That Section 25.68.620 of the Code of the City of Palm Desert, be
and the same is hereby amended to read as follows:
1125 68.620. Political Sign Regulations. Applicants for political signs, as defined in
section 55.68.020, shall comply with the following requirements:
A. Each sign shall not exceed five (5) square feet in area.
B. The signs shall not be located closer together than fifty (50) feet.
C. Such signs shall not be located in the public right-of-way.
D. All political signs shall be removed within ten (10) days after the election
date, except that in the case of a general election, political signs shall not
be required to be removed between the primary and general elections, but
shall be removed within ten (10) days after the general election date. The
applicant shall agree in writing to be personally responsible for the removal ,
of the political signs.
E. No political signs shall be posted earlier than ninety (90) days prior to an
election.
F. No fee or permit shall be required for the right to erect political signs.
Where the sign is proposed to be placed on private property, the applicant
shall secure the permission of the property owner."
SECTION 2: That Section 25.68.320 of the Code of the City of Palm Desert,
be and the same is hereby amended to read as follows:
25.68.320 Second-story Business. Businesses maintained exclusively on the second
floor of a two-story building may be allowed up to fifty percent of the sign area
authorized for businesses conducted in single-story buildings by the architectural
commission. (Ord. 129 §4 (part), 1977: Ord. 98 §1 (part), 1975: Exhibit A
§25.38-12.04).
SECTION 3: That Section 25.68.430 of the Code of the City of Palm Desert, be
and the same is hereby amended to read as follows:
25.68.430 Architectural Commission Process. Each sign shall be submitted to the
architectural commission prior to its erection. In the case of new developments, a
signing program shall be .submitted as part of the site plan review procedure. (Ord.
129 §4 (part), 1977: Ord. 98 §1 (part), 1975: Exhibit A §25.38- 16.01)•
SECTION 4: That Section 25.68.440 of the Code of the City of Palm Desert, be
and the same is hereby amended to read as follows:
25.68.440 Sign Review Criteria. All signs which are regulated by this chapter shall
be subject. to the approval of the architectural commission process. In approving or
rejecting a particular sign permit, the reviewing body shall utilize the following
review criteria:
A. That the sign is necessary for the applicants enjoyment of substantial
trade and property rights.
B. That the sign is consistent with the intent and purpose of this chapter
and title.
C. That the sign does not constitute a detriment to public health, safety
and welfare.
D. That the size, shape, color and placement of the sign is compatible
with and bears a harmonious relationship to the building it identifies.
E. That the size, shape, color and placement of the sign is compatible
with and bears 'a harmonious relationship to the neighborhood and other
signs in the area.
NANCE N0.4ZZ Exhibit "A"
F. That both the location of the proposed sign and the design of its visual
elements (lettering, words, figures, colors, decorative motifs, spacing and
proportions) are legible under normal viewing conditions prevailing where
the sign is to be installed.
G. That the location and design of the proposed sign does not obscure from
view or unduly detract from existing or adjacent signs.
H. That the location and design of the proposed sign, its size, shape,
illumination and color are compatible with the visual characteristics of the
surrounding area so as not to detract from or cause depreciation of the
value of adjacent developed properties.
I. That the location and design of a proposed sign in close proximity to any
residential district does not adversely affect the value or character of the
adjacent residental district. (Ord. 129 §4 (part), 1977: Ord. 98 §1 (part),
1975: Exhibit A §25.38-16.02).
SECTION 5: That Section 25.68.480 of the Code of the City of Palm Desert, be
and the same is hereby amended to read as follows:
25.68.480 Sign Colors. The number and type of colors used shall be as approved by
The architectural commission.
SECTION 6: That Section 25.68.270 of the Code of the City of Palm Desert, be
and the same is hereby amended to read as follows:
25.68.270 Sign Area - Commercial and Industrial Uses. Sign design, location and
size shall be as approved by the architectural commission. Relative thereto, the
following sign areas shall apply:
A. Commercial businesses within one hundred feet of a public right-of-way
which they face, or businesses which front only on a common use parking
area shall be entitled to one square foot of sign per lineal foot of frontage
to a maximum of 50 square feet unless the architectural commission deter-
mines that the proposed size of the sign is not in harmony with the design
of the building. Such a sign must be located adjacent to the right-of-way
from which its area is determined.
B. Commercial businesses located greater than one hundred feet from a public
right-of-way, which they face, shall be entitled to one and one half square
feet of sign per lineal foot of frontage to a maximum of 75 square feet
unless the architectural commission determines that the proposed size of
the sign is not in harmony with the design of the building. Such a sign
must be located adjacent to the right-of-way from which its area is
determined.
C. A single commercial business having lineal frontage on any right-of-way in
excess of fifty feet, shall be entitled in addition to subsections A or B of
this section, an additional one half square foot of sign area for each lineal
foot of frontage in excess of fifty feet up to one hundred feet, and an
additional one quarter square foot of sign area for each lineal foot of
frontage in excess of a hundred feet, (Ord. 272 (part), 1981: Ord. 129 §4"
(part), 1977: Ord. 98 §1 (part), 1975: Exhibit A §25.38- 12.01).
SECTION 7: That Section 25.68.350 of the Code of the City of Palm Desert, be .
and the same is hereby amended to read as follows:
25.68.350 .Special Event Signs. With the approval of the director of environmental
services, a business may erect one temporary sign, mounted on a wall facia or
freestanding, advertising special events, promotions or sales. The director may
approve up to 30 square feet of sign area depending upon the type of event, building
design and right-of-way frontage for a period not to exceed 30 days per year. When
improperly used, special event signs constitute a public nuisance and may be abated.
"Special event signs for periods in excess of 30 days may only be permitted
pursuant to a resolution of the city council granting such approval which shall
specify the period during which the sign may be displayed."
Section 8: That Section 25.68.391 of the code of the City of Palm Desert be and the
same is added to read as follows:
25.68.391 Freestanding Sign Review Criteria
In reviewing freestanding signs as provided for in sections 25.68.310 and 25.68.390
the architectural commission shall specifically consider:
a. The height of the sign relative to the adjacent street.
b. The distance from the sign to the street.
c. The color of the sign background and lettering thereon.
Section 9: That part "A" of Section 25.68.390 of the code of the City of Palm Desert
be and the same is amended to read as follows:
25.68.390 Signs in District and Regional Shopping Centers and Industrial Parks
In addition to the wall sign area allowed for individual businesses, shopping
centers and industrial parks in excess of three and one-half acres of land shall be
allowed one identification sign on each right-of-way. Such signs shall not extend
beyond the property line or into the right-of-way and shall be used solely to
identify the shopping center, shopping area, or industrial park. Relative to such
signs, the allowable sign area shall be based on ten square feet of sign per acre.
These signs shall not exceed one hundred square feet, shall have a maximum
height of twelve feet, and shall not be erected without first having property
approval as provided in this chapter.
Notwithstanding the limit of one sign on each right-of-way when a shopping center
or industrial park has street frontage on any one street in excess of 1600 feet
subject to the signs being separated b
then an additional sign shall be permitted ub'ec p Y
g P J g g
a minimum distance of 400 feet.
In the case of centers in the regional commercial zone having over 700,000 square
feet of gross leasable retail floor area said center identification signs may
contain the name of tenants and/or activities conducted within the center which
operate during evening hours.
MINUTES
PALM DESERT PI"MU OCbTIISSICN
AMUST 1, 1989
Action:
Moved by Camhissioner Richards, seconded by Chairman Erwood, denying
the one-year time extension for PP 87-7 by minute motion. Carried 4-
0.
VIII. PUBLIC HFARLlS
A. Continued Case No. ZCA 89-1 CITY OF PALM DESERT, Applicant
Request for approval of amendments to the sign
ordinance, Section 68, as it applies to signs and
awnings.
Mr. Diaz explained that a continuance was requested to allow the
Chamber of Commerce and the oc mittee to work out differences and to
meet with staff.
Chairman Erwood opened the public testimony and asked if anyone
wished to address this item.
MR. DAN EHRLER, Chamber of Commerce, stated that while they were
requesting a continuance, everything had been completed and they
needed to get everyone together.
Action:
Moved by Commissioner Jonathan, seconded by Commissioner Richards,
continuing ZOA 89-1 to Septenber 5, 1989. Carried 4-0.
B. Qnntirttied Case No. PP 89-8 - mim FEDDERLy, Applicant
Request for approval of a precise plan of design
for construction of a 10,500 square foot office
building on the south side of Fred Waring Drive,
560 feet east of Monterey.
M. Sass explained that this matter was continued from July 5 to
address concerns. Staff surveyed residents living adjacent to
recently built office buildings. Based on the staff report and
conditions staff recommended approval.
Commissioner Richards felt that three responses was not enough of a
response to justify proceedixxJ with a major change in policy to
construct two story office buildings next to one story residential
hcmes.
2
MINITPE$
PALM DESERT PLANNING CU44IISSION
JULY 5, 1989
VI. CONSENT CALENDAR
A. $Case No. VAR 87-1 - RALPH SMMplEm, Applicant
Request for a time extension of one year for a
previously approved request for a rear yard
setback from 20 feet to 8 feet for the R-1 10,000
zoned property located at 47-817 San Corral.
Action:
Moved by Commissioner Downs, seconded by Commissioner Jonathan,
approving the consent calendar by minute motion. Carried 5-0.
VII. PUBLIC BEARINGS
A. Ca a No. ZOA 89-1 - CITY OF PALM DESERT, Applicant
Request for approval of anendnents to the sign
ordinance, Section 68, as it applies to signs and
awnings.
Mr. Diaz explained that a continuance to August 1 was being requested
to allow the city attorney and chamber to review the final reports.
Chairman Erwood opened the public testimony and asked if anyone
present wished to speak regarding ZOA 89-1. There was no one.
Action:
Moved by Commissioner Richards, seconded by Commissioner Downs,
continuing ZOA 89-1 to August 1, 1989. Carried 5-0.
B. Continued Case No. CUP 89-3 - CABLE & RYLEE, Applicant
Request for approval to construct a 13 unit
senior apartment project and on the southeast
corner of Catalina Way and San Carlos.
Ms. Sass explained that staff was recommending that the building be
relocated and moved forward six feet. She noted that the building
would be only one story 'structures and recommended approval.
Chairman Erwood opened the public testimony and asked the applicant
to address the commission.
2
CITY OF PALM DESERT
DEPARTMENT OF CLM MITY DEVELOPMFM
STAFF REPORT
TO: Planning Ccmuission
DATE: July 5, 1989
CASE NO: ZOA 89-1
REDLYEST: Amendment to Sign Ordinance
APPLICANT: City of Palm Desert
BACKGROUND:
As indicated previously the Chamber of Commerce, while it's report is ready,
would prefer to discuss it with the subcommittee before the matter goes to
public hearing before planning camiissioz.
Due to vacation scheduling the subcc maittee will not be able to meet until the
week of July 17, 1989.
As a result, staff is recommending that this matter be continued to the
planning connission meeting of August 1, 1989.
RECAMMEVDATION
That Case ZOA 89-1 be continued to the August 1, 1989 meeting of the planning
commission in order that the Chamber of Commerce may present it's report to the
sign subcrnudttee and that the report of the city attorney may be available for
review.
�TEPHEN R. SMITH
ASSOCIATE PLANNER
/tm
PROOF OF PICATION This space is for County Clerk's Filing Stamp
(2015.5 C. )
STATE OF CALIFORNIA
County of Riverside
I am a citizen of the United States and a CITY OF PALM DESERT
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to Proof of Publication of
or interested in the above-entitled matter. I CASE NO . ZOA 89- 1
am the principal clerk of the printer of the ..........................................................
.................................................... CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.ZOA 89-1
.....'""'-"""""""""""""""" NOTICE IS HEREBY GIVEN that a public hearing will be hold before
a newspaper of general circulation, printed the Palm Desert Planning Commission to consider amendments to
the sign ordinance.Section 68,as It applies to signs and awnings.
B I WEEKLY SAID public hearing Will be held on Tuesday,April 18,1989,at 7:00
and published ..... .......................... P.M.in the Council Chamber at the Palm Desert Civic Center,73-510
Fred Waring Drive,Palm Desert,California,at which time and place
PALM DESERT allinterested Persons are invited to attend and be heard. 9 you
i n the City Of ................. challenge the proposed actions in court,you may be limited to raising
Coun Of Riverside, and which news- only those issues you or aO ec,na else ra1sed at the Pubic hearing r
described in this notice,or in written comespondence delivered to the
paper has been adjudged a newspaper Planning commission (or city council) at, or prior to, the public
of general circulation by the Superior hearing'
RAMON A. Secretary
Court of the County of Riverside, Slate of Palm Desert Planninging Commission
ommission
(Pub.D.P.Aor117 19M.
California, under the date of.] , 1964,, —"-
Case Number . ,30.$......; that the notice,
of which the annexed is a printed copy (set
in type not smaller than nonpareil), has
been published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following dates,
to-wit:
4/7
....................................................
all in the year 19.$9..
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at.....PALM DESERT
..............................
California this...7th..dayofA IL 19 $9
OJl........
Si nature
Free copies of this blank form may be&#cured from:
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
120 West Second St., Los Angeles, Calif. 90012
Telephone: (213) 625-2541
Please request GE N E R AL Proof of Publication
when orderina this form.
PALM DESERT PLANNINS COMMISSION
APRIL 18, 1989
Action:
Moved by Commissioner Downs, seeded by Cammissia-ier Whitlock,
continuing C/Z 89-4 and CUP 89-2 to May 2, 1989. Carried 4-0.
A. QXrti ued Case Nos. C/Z 88-9 and PP 88-20 - MIRALESTE IIWWBENT
CO., Applicant
cart
Request for approval of a change of zone from R-3
(4) multi-family (one unit per 4000 square feet)
to R-3 (one unit per 2500 square feet) for the
north side of Alessandro between Deep Canyon Road
and Cabrillo Avenue and a negative declaration
and precise plan for a 13 unit one-story
apartment project at the northeast corner of
Alessandro Drive and Santa Ynez Avenue.
Mr. Diaz stated that if it was commission's feeling that the plan
and zoning were not appropriate, staff should be directed to prepare
a resolution of denial with specific findings for adoption at the
next meeting, to be accompanied by a report to amend the Palma
Village Specific Plan.
Chairman Erwood opened the public testimony and asked if the
applicant wished to address the commission. No one came forth.
Chairman Erwood asked if anyone present wished to speak in FAVOR or
OPPOSITION to the proposal. There was no one and the public
testimony was closed.
Commissioner Richards felt the findings to approve a change of zone
had not been satisfied and recommended denial based on the findings
that the single family, one story units were not compatible next to
high density units; all parking is in one specific place and would
not upgrade the area; and the appearance that the building is too
much and too big a building for this lot.
Action:
Moved by Commissioner Richards, seeded by Commissioner Downs,
instructing staff to prepare a resolution of denial to be adopted at
the May 2, 1989 meeting. Carried 4-0.
B. Case No(89-1 - CITY OF PALM DFSERr, Applicant
Request for approval of amendments to the sign
3
w
F
MINL"ES
PALM DESERT PLAMMU CXM+IISSICN
APRIL 18, 1989
ordinance, Section 68, as it applies to signs and
awnings.
Mr. Smith outlined the salient points of the staff report,
delineating the proposed changes to the sign ordinance. He indicated
that the city council appointed a committee to review the issue of
neon in great detail--they felt that neon was inappropriate on
freestanding signs, but felt it could be done in a reasonably
integrated, architecturally acceptable fashion in either wall signs
and/or in the architecture of a building. He stated that there was
also sane discussion whether neon should be allowed at all. Mr.
Smith stated that some direction from the planning commission was
needed regarding neon signage. He noted that written responses had
been received regarding the interim awning from the Chamber of
Commerce and El Paseo Business Association. Mr. Smith stated that
enough input on awnings had been received and commission could refer
the awning portion to the city council and further the process of
awnings. Staff recommended a continuance for signs to allow
interested groups further review.
Commissioner Downs requested clarification on the letter from Valley
Plumbing. Mr. Smith stated that their input had been accepted and
section 570 on page 5 had been amended to increase the size from 3
square feet up to 15 square feet.
Commissioner Richards requested and received examples of signs that
were reviewed by the committee and in the staff report discussion
regarding parapet signs. Commissioner Richards stated that he was
involved in writing the first sign ordinance. He indicated his
concern about the colors, noting the change in colors retail is now
using and their need to be different and more exciting. Commissioner
Richards stated that one of the first problems they originally ran
into was three colors. He wondered if the commission would be doing
something right in limiting some of these things. Staff felt that
Commissioner Richards was correct in the assumption that retail
seemed to want louder and brighter signs, but it was the feeling of
the subcommittee that the city had been going to far in acquiescing
to these typically large, bright signs; they wanted to restrain that
by excluding excessive contrasting colors and setting a limit of
three color types. Mr. Diaz stated that it was the architects
themselves who wanted the three-color limitation and were the ones
who wanted it eliminated in 1982. He felt the words should be added,
three colors or shades of color".
Chairman Erwood opened the public testimony and asked if anyone
present wished to speak in FAVOR or OPPOISITION.
4
MIN(IPFS
PALM DESERT PI.AMUM CMUMION
APRIL 18, 1989
MR. DAN EHRLER, executive vice president of the chamber of
oommeerce, felt that it was very important for the commission to
receive input that the chamber received from the board of
directors and two of their committees. He indicated that two
other comments received included, 1) "I perceive this policy to
be reasonably suitable for producing the desired result though
the terms used suggest a highly subjective process for
approval"; and 2) "Have no problem with the above (regarding the
interim policy for awnings); would like to see the continued use
of awnings as a theme on El Paseo as it does give the entire
area a distinctive quality." He stated that the board of
directors was being asked for a position of statement regarding
the interim policy at their full board meeting next Tuesday and
liaison Councilmanber Buford (rites would be present to provide
interaction. The board had just received the additional sign
revisions and Mr. Ehrler was proposing that a task force be
formed consisting of interested board members, the
business/eauxxmmic committee and civic affairs committee and the
El Paseo Business Association and Town Center would be requested
to participate in going through the proposed changes section by
section to allow for comments and/or revision on each section
and take it to an additional study session with planning
comm -scion and/or council to have a process of discussion. He
stated that he was concerned with the process that would be used
to allow interaction and wanted to try to set up a mechanism to
directly communicate concerns and resolve sane differences in
that format prior to city council action. Mr. Ehrler felt the
result would benefit the whole community.
Commissioner Richards asked about the time frame Mr. Ehrler felt the
creation of this working committee and for completion of
recommendations. Mr. Ehrler stated that he sent his recommendations
to the board and they would be considered next Tuesday, and if the
board concurred, it would set up a meeting the following week to
begin the process; he felt it would take a month. commissioner
Richards felt that this could beanie an issue of great excitement and
motion and wanted to see the business community come back with a
unified stand an all issues that affect them. Commissioner Richards
stated that he would also like a good job done by both the chamber
and El Paseo Business Association.
Commissioner Richards mentioned the issue of the street number,
noting that several years ago it was suggested that El Paseo and
Highway 111 (having a poor way of identifying street numbers) put
sane sort of a sign in the median that on one side said it was the
5
t
MINITIgS
PALM DESERT PIAMMG Ctt+PIISSION
APRIL 18, 1989
72-400 block and on the opposite side would say it was the 72-300
block to allow better visibility for the more elderly residents; he
requested that the chamber and E1 Paseo Business Association consider
that option.
Mr. Ehrler stated that with the process he proposed, more of the
excited moments that could occur would be avoided.
MR. MIKE STANLEY, Imperial Sign Company, stated that his concern
was not necessarily the restrictions, but enforcement of the
existing code as it stands. He did not feel it was enforced
enough. He stated that cutting down the height of a ten foot
sign to six feet for the 40-W reduction, with the height
calculated from ground level and grade drops down two-three
feet, would result in a sign three feet high from road grade--he
was asking that a sign be reviewed each time before
architectural review or city council. On the issue of three
colors, he stated that one color was the background color and
normally ivory, and that would leave only two other colors--he
felt that colors were normally restricted by staff or oamussicn
and dial not see the need to limit the number Of colors. He
stated that he would like the opportunity to take this issue to
the business community and get comments. He agreed that
restrictions should be placed on the sign industry, but one that
could be lived with and if the sign blended too well, no one
would see it.
MR. LARRY GROTBECK, El Paseo Business Association Chairman,
stated that he just received a copy of the staff report on the
sign ordinance changes and felt he would have substantial
comments on those changes. He stated that in regard to the
awnings, he was assuming that the logos would continue to be
unrestricted in size and dimension--he did not see it addressed
in the staff report and if there were restrictions on the size,
placement and color, it would be something else he would like to
review.
Mr. Diaz informed him that if it is not specifically permitted in the
ordinance, it would not be allowed--the only signage allowed on the
awning including the logo would be a maximum height of eight inches
or one-third the height of the awning.
Mr. Grotbeck stated that they would find that very restrictive
and burdensome. He stated that he also had a problem with the
wording "blend", stating that they were starting to pick up the
color of E1 Paseo and felt that this limitation would be working
6
C
MLNME5
PALM DESERT PL ANNI ; C0M UWION
APRIL 18, 1989
in direct opposition. He stated that they were not bothered
with signs or awnings "shouting and screaming" at them and were
believers in color. He indicated that color regulation was
under the architectural camiissicn purview and they needed the
necessary skills to select from among colors that may not blend,
that contrast, but still could be tastefully used with the
architecture and color. He felt that the sign color selection
should be on an individual basis and the end result would be
better. He also felt that the eight-inch letter size was too
restrictive and stated that some customers are elderly and have
problems seeing; he encouraged a larger letter size and felt 12
inches would be a compromise. He also indicated that straight-
drop awnings should not be ruled out, but each awning be
considered individually.
Commissioner Richards asked if Mr. Grotbeck would have a problem
working in conjunction with the chmadxr. Mr. Grcotbeck stated that he
world not have a problem working with the chamber.
Action:
Commissioner Richards moved for a continuance for two months, to June
20.
Mr. Diaz reamnerded the continuance to June 20, but requested that
the interim policy be recommended for council authorization.
Chairman Erwood asked if the city was already permitting awnings
without these particular guidelines. Mr. Diaz stated that an interim
policy on awnings was being used, but not an interim policy for signs
and the use of the interim policy would eliminate any additional non-
conforming signs.
Commissioner Richards did not feel that a two-month continuance on
signs was unreasonable--he stated that he world like to see a freeze
on any new awnings or signs for the next two months. Commissioner
Richards stated that he would amend his motion to include a freeze on
approval of any signs or awnings. He also stated that he would be
available to the chamber and E1 Paseo Business Association to
participate in their meetings. Commissioner Downs seconded the
motion.
Ms. Allen stated that the council would be the proper body to
authorize a freeze.
Commissioner Richards stated that he would amend his motion.
7
MII�VPFS
PALM DESERT PLC CCMMIISSICN
APRIL 18, 1989
Action:
Moved by Commissioner Richards, seconded by Commissioner Downs,
continuing ZOA 89-1 to June 20, 1989. Carried 4-0.
Moved by Commissioner Richards, seconded by Commissioner Downs,
recaniQnding to city council a two month moratorium on signs and
awnings. Carried 3-1 (Commissioner Whitlock voted no).
D. Case Nos. PP 87-20 Amendment and TT 24539 - TRIAD PACIFIC
DEVELOP4DU CORP., Applicant
Request for approval of an amendment from 224
apartments to subdivision into 90 single family
hone lots.
Ms. Sass outlined the salient points of the staff report and
expressed concern for the northern most office parking area because
of the number of repetitive vehicular trips throughout the rest of
the parking lot and determined that the impact on this street of
opening up another access point would be more severe than having the
circulation pattern as it exists on the plan. The applicant had
suggested that the majority of that lot would be assigned employee
parking and that would remove some of the concern there. She also
noted changes in omru-aty development condition #25 affecting bike
path placement--it would be on Hovley Lane and Cook Street only; #27
established the single family lot setback; and added #30 that the
applicant shall not object to a city initiated change of zone to R-1
8,000 and that only one single family tome be built on each lot as a
subdivision. Staff recommended approval of the project.
Commissioner Downs asked on condition #14 if it could be enforced
that only 1974 or later diesel trucks be used for delivery. Chairman
Erwood noted that the same condition was used on the project at the
comer of Monterey and Country Club. Mr. Diaz stated that in that
condition it could be added that the owner or his successors if found
in violation of this condition, shall pay a $200 fine per incident.
Commissioner Whitlock asked if the moving of the parking entrance on
Cook would coincide with the potential Marriott timeshare across the
street. Ms. Sass stated there would be no median break and access
would be right turn in and right turn out.
Commissioner Richards asked what the approximate density usage on
both parcels to the east and north were; Ms. Sass replied PR-5 with
building out at five units per acre. Mr. Diaz felt that the Lakes
8
m
MY OF PALM DESERT
DEPARTMENT OF QI+M NrI Y DEVELOPMERP
STAFF REPORT
TO: Planning Commission
DATE: , April 18, 1989
CASE ND: ZOA 89-1
RE IHST: Approval of aeendnents to the sign ordinance, Section 68, as it
applies to signs and awnings.
APPLICANT: City of Palm Desert
I. BACKGROLDO:
At the direction of the city council a subcamdttee carprised of two
architectural commission members and two city council members was created.
This subcamdttee has met several times, and proposed a series of wide
ranging amendments. The proposed awning revisions were forwarded to the
El Paseo business group, as well as presented to the chamber. Comments on
the awning amendments have been received (see letters attached) . In
addition both groups were advised that amerganents to the sign ordinance in
general were also in the works.
While we will be amending many sections of the ordinance we are also going
to produce a summary of the key elements of the ordinance so that the
public in general will have a better understanding. In addition, some of
the little used sections of the present ordinance will be dusted Off and
as a result on-going maintenance of signs and awnings will be required,
submittals to the ARC will need to be much more complete and confusing
sections of the ordinance will be explained through the use of diagrams.
II. PROPOSED MOMENTS:
New sections, phrases or words will be underlined so as to m;nim9ze
repetition. Deletions will be struck out.
Section 25.68.020.
J. "Freestanding sign" means a sign supported by up-right pedestals or
braces placed upon or into the ground and detached from any building.
T. "Roof sign" means a sign affixed on, above, or over the roof of any
building, or any sign affixed to the wall of a building so that it
projects above the eave line of a roof. The-#eg-ef-e--perepet- waI4
sha��-be- iderec}- a-eave 2iite. The lowest point of a mansard
style roof shall be considered the eave line. Where-a-parapet-well
is-ee ed-vri#3r�-man�9ard- nof;- blue eavoa-piffe-shall-be-t4is-ttop-of
Vie-parapet.
STAFF REPORT
ZOA 89-1
APRM 18, 1989
X. "Wall sign" means a sign attached to or erected on the exterior wall
of the building or structure or on a canopy marquee or similar
overhang with the exposed face of the sign in a plane approximately
parallel to the plane of the exterior wall and not extending above
the eave line: Yke-pep-r �-garaget-weii- �-be- deed #fie
eave--1iae. The lowest part of a mansard-style roof shall be
considered the eave line. Where-a-parepe�-�a�� s }ned-rrira
mae�sard-reef,--tire-save die-sl�a}F-be-tie-#r�ro # � parapet. (Ord.
129 S5(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A 525.38-2--
25.38-225. )
Section 25.68.030 Sign permit procedure.
Subsection I will be added:
I. That the applicant provide a signed statement fran the property owner
or his authorized representative that he has reviewed the proposal
and approves of same prior to each submittal to the city.
25.68.100 Abatement of illegal signs.
The director of envirenrientaLl--services code compliance shall see that this
chapter is enforced. He shall not permit, and shall abate, any sign
within the city which fails to meet the requirements of this chapter or
other applicable law:
The director of Wit -services code oaTpliance, or his authorized
representative, shall remove any temporary sign for which a sign permit
has not been obtained as required by this chapter. The director of
envirr teak-services code oompliance, or his authorized representative,
shall notify the owner or user of a permanent sign which has been
installed without the acquiring of a sign permit that the illegal sign
shall be removed within ten days. Upon receipt of this notice, the owner
or user of a permanent sign that is determined to be illegal does have the
right to appeal the decision or notice within ten days thereafter to the
City eoualoil pursuant to the provisions of aWter 8.20 of this code. Any
illegal permanent Signs existing prior to the enactment of this chapter
shall not be abated by the city until one year after February 24, 1977.
(Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A S25.38-6).
2
STAFF REPORT
7.OA 89-1
APRIL 18, 1989
25.68.120 Permitted signs--Purpose.
No signs shall be erected or maintained in any zone as established by the
zoning ordinance except those signs specifically enumerated in this
chapter. The number and area of signs as outlined in this chapter are
intended to be maximum standards which do not necessarily ensure
architectural compatibility. Therefore, in addition to the enumerated
standards, consideration shall be given to a sign's relationship to the
overall appearance of the subject property, as well as the surrounding
community with the goal being to minimize visual pollution, the use of
lighting and excessive contrasting colors. Compatible design, simplicity,
and sign effectiveness are to be used in establishing guidelines for sign
approval. (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A
S25.38-9).
25.68.230 Freestanding signs.
Except for otherwise specified height limitations, freestanding signs
shall not be located on the public right-of-way and shall not exceed tin
six feet in height or the height of the adjacent building, whichever is
less. (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A
525.38-11.05. )
Section 230 above deals with freestanding signs in "other residential
zones".
Presently, Freestanding signs in cam*rcial areas are covered under two
sections: 310 and 390.
Section 310 basically deals with the general commercial zone while section
390 deals with larger parcels of land (i.e. : district and regional
centers PC zone and industrial parks). The subcommittee felt that the two
sections should be replaced with a consolidated section using some of the
restrictions from each.
The goal of this new section on freestanding signs will be to provide
center identification only, or individual business identification in the
case of individual businesses on its own separate property. In the case
of center identification signs general types of tenants may be described
but no specific tenant names may be used.
The new section 25.68.310 Freestanding signs will read:
A. A building, commercial oomplex, shopping center or other cammercial
or industrial i al developments housing more than one (1) tenant and
3
STAFF REPORT
ZOO 89-1
APRIL 18, 1989
having frontage on a public street shall be entitled to one
freestanding sign on each street frontage to identify the building,
commercial/industrial complex, or shopping center. The area of such
sign(s) to be determined as follows:
1. Freestanding signs for buildings, commercial complexes, slxWing
centers and other oammercial/industrial developments located on
less than five acres of property shall not exceed one-half the
total allowable signage of the front of the building and shall
be subtracted therefrom and in no event exceed fifty (50) square
feet and a height of six (6) feet.
2. Freestanding signs for buildings, oammercial complexes, slopping
centers and other commercial industrial developments housing
more than one tenant located on five acres of land or more shall
be allowed one identification sign on each right-of-way with an
allowable sign area based on a ratio of ten square feet per-acre
to a maximum of 100 square feet. Maximum height of these signs
shall be six feet.
B. individual businesses located on their own individual property,
having frontage on a public street and individual (unshared) access
from said public street shall be entitled to a freestanding sign
subject to the area and height limits delineated in part 1 and 2 of
subsection "A" above, as may be applicable based on the area of the
site.
C. When approving any freestanding sign the architectural review
commission shall affirmatively make the finding that said approval
shall visually enhance the aesthetic quality of the property on which
the sign is to be located.
D. All dew freestanding signs shall be placed within a permanently
landscaped area of not less than twenty-four square feet, and be
architecturally compatible with the building or complex and not
encroach in the public right-of-way.
Section 25.68.480 Sign colors.
Sign programs for commercial complexes shopping centers other
commercial/industrial developments and individual businesses shall be
limited to not more than three (3) colors which will minimize .excessive
contrast.
4
STAFF REPORT
7AA 89-1
APRIL 18, 1989
Section 25.68.490.
This section is under review with a view to reducing glare and light
intensity and establishing measurable criteria on which to evaluate the
signs.
This information will follow when compiled.
25.68.520 Maximum sign area limitation.
�93��HePFl�9e-ali�1BP3Eel�-�-#.�f3.g -i'eE�@Y'diQ94[ff-�iBrLC$ie• .Fe
}Oeat#�,--AB-9].Ej�9h@13 mil'fees(}�lB-RIBX#IIIkQR-Bice@-f�f7e99Bi'�-�!:!-�'t'�i'�°�t-t19B
Use. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A
S25.38-16.11).
25.68.540 Special permits.
Nothing contained in this chapter shall prevent the city o=-jcil frun
granting a temporary special permit or otherwise permitting on such terms
as it deems proper, signs or the like advertising or pertaining g to any
civic, patriotic, or special event of general public interest taking place
within the boundaries of the city when it can be found that same will not
be materially detrimental to the public welfare, interest, or safety, nor
injurious to adjacent property or improvements.
C rand opening and "going out of business" signs may be approved by the
director of envirefecentan- serviees community development subs- be
apprepriat e-eer,&+Aens. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part),
1975: Exhibit A 525.38-16.13).
Signs approved under this section must be compatible and harmonious with
the color of the building and adjacent buildings. Said signs will be
strictly limited to the number of days they may be displayed as well as
other appropriate conditions.
25.68.570 Trade construction signs.
One unlit sign advertising the various construction trades shall be
permitted on construction sites during the period that valid building
permit approval exists. Such signs shall not exceed three fifteen square
feet per twenty thousand square feet of land area with a maximum of
thirty-two square feet in area and shall be removed before a notice of
om pletion is issued for the building being constructed. No trade
5
STAFF RM3MT
ZOA 89-1
APRLL 18, 1989
construction sign shall exceed eight five feet in height. (Ord. 129
S4(pazt), 1977: Ord. 98 S1(part), 1975:Exhibit A S25.38-17).
Section 25.68.6101 Sic= on
structures or attactments. es arcades or similar
A. All awnings or awnings with a sign(s) must be reviewed and approved
by the architectural review armiission. The awning (sign) must be
architecturally compatible with the building and an a result an
awning may not be appropriate for every building.
B. Pursuant to section 25.68.470 "Proper maintenance of signs" s
must be kept in good repair and be clean and non-faded. awning
C. Awnings must be substantially attached to the main building
structure.
D. Awning lettering and numbers as well as style and colo rs must
aesthetically blend with the building.
E. Letter height shall not exceed one-third (1/3) of the awning height
and in no avant shall it exceed eight (8) inches.
F. Scalloping on awnings shall not be pronourIced.
G. Where applicable, awnings shall contain street numbers four. inche
(4") in height with a letter style helvetica medium or eq s
uivalent.
H. Awnings shall not contain phone numbers.
1• Straight drop type awnings (i.e. canvas-vinyl signs) are prohibited.
.Section 25.68.605 lottery sic=.
Banners, window signs and wall signs promoting or advertising the
California Lottery must be reviewed and a
Lottery signs will be included in the overalls al sign
pursuant to this section.
the business based on its frontage. area allocated to
Section 25.68.606 Bincro si
A maximum three (3) square foot sign advertising an upcomj ng buo event
6
STAFF REPORT
ZOA 89-1
APRIL 18, 1989
may be installed, without permit, no more than forty-eight (48) hours
before the event and must be removed immediately following the event.
Section 25.68.607 Lights outlining buildings/wirndows.
A. Flood lights and accent string lighting outlining the building
exterior or perimeter and/or window areas must be integrated with the
building architecture and as such must be reviewed and approved by
the architectural review commission. In no event shall blinking,
rotating, flashing or twinkling lights be used.
S. During the period from Thanksgiving Day until New Years Day the above
noted lights may be displayed without review and approval by the
city.
III. OTHER ISSUES:
one of the major concerns of the suboamnittee involved awning and sign
maintenance. Staff will be stepping up enforcement in this regard through
the use of the existing code section. Should this section prove
inadequate then new language will be provided. This section will also be
used to get building owners to cover over empty sign cabinets and to keep
clocks and fountains in repair and working order.
The city attorney will be asked to review the penalty section of the
ordinance with a view to increasing same for persons installing signs
before obtaining approval or for installing signs different from that
approved.
In an effort to upgrade signs in certain sections and blocks of the city,
the redevelopment agency will be asked to fund a program which would
establish a uniform sign program and cover the cost of manufacturing and
installing the signs.
The subcommittee also reviewed in detail the issue of the use of neon but
could not cane to closure on it. Generally it was felt that neon should
not be used at all on freestanding signs. Some members felt that neon
should not be totally prohibited in that there may be instances where it
could be architecturally and compatibly integrated with the design of the
building. This issue should be discussed and included in the package sent
on to the city council.
7
STAFF REPCRr
ZOA 89-1
APRIL 18, 1989
IV. FUDOC MENIDATICN•
A. That all portions of the proposed amendment except those dealing with
awnings be continued to a date certain to allow the various business
groups to review and ca ment on the proposed changes.
B. That the planning camiission reoomend to the city council approval
of an ordinance amendnent establishing new criteria for awning review
and approval.
V. ATTACHMENTS:
A. Draft resolution.
B. Legal notice.
C. Correspondence.
D. Exhibits.
Prepared by
Reviewed and Approved by
/tm
8
PGANDDG OU49MICN RE90[,imm NO.
A RESOLUTION OF THE PLANNING CahIISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, REOCITMZM TO
THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE
AMET-� REIATISIG TO AWNINGS.
CASE NO. ZOA 89-1
WHEREAS, the Planning Camussion of the City of Palm Desert, California,
did on the 18th day of April, 1989, hold a duly noticed public hearing to
consider amendment of zoning ordinance section 25.68 relating to signs and
awnings; and
WHEREAS, said ammenc1mment has complied with requirements of the "City of
Palm Desert Procedures to Implement the California Emdr+oarkental Quality Act,
Resolution No. 80-89, in that the director of community development has
determined the amendnent to be a class 5 categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony arguments, if any, of all interested persons desiring to be heard,
said planning commission did find the following facts and reasons to exist to
reconTed approval of a zoning ordinance text amendment:
1. The proposed amesAnent relating to awnings is consistent with the
intent of the zeni-ng ordinance and protects the oommudity health,
safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the
findings of the cocmnission in this case.
2. That it does hereby recommend approval of ZOA 89-1 as provided in the
attached exhibit labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 18th day of April, 1989, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD ERWOOD, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
/tm
1
PLANNu G Cc7y AmICN RESC LUTIQd ND.
E7HIT "A"
Delete 25.68.610 and replace same with:
Section 25 68 610 Signs on awnings marquees campies arcades or similar
structures or attachments.
A. All awnings or awnings with a sign(s) must be reviewed and approved by the
architectural review commission. The awning ( sign) must be
architecturally compatible with the building and as a result an awning may
not be appropriate for every building.
B. pursuant to section 25.68.470 "Proper maintenance of signs" awnings must
be kept in good repair and be clean and non-faded.
C. Awnings must be substantially attached to the main building structure.
D. Awning lettering and numbers as well as style and colors must
aesthetically blend with the building.
E. Letter height shall not exceed one-third (1/3) of the awning height and in
no event shall it exceed eight (8) inches.
F. Scalloping on awnings shall not be pronounced.
G. Where applicable, awnings shall contain street mmibers four inches (4") in
height with a letter style helvetica medium or equivalent.
H. Awnings shall not contain phone mmibers.
I. Straight drop type awnings (i.e. canvas-vinyl signs) are prohibited.
/tm
2
INDIO - (619) 347-3629
/ /� PALM SPRINGS - (619) 345-2691
ValleV PluJing Co.
P. O. BOX 665
IN010' CALIFORNIA 92201
City of Palm Desert -
::t9
73-510 Fred Waring Dr. ��MM,;:,•;,
Palm Desert, Ca 92260
March 2, 1989
Att: Stephan Smith-Planning Dept.
Dear Mr. Smith
Just a thought for your review, concerning trade construction signs.
After reviewing the current ordinance 25.68.570 sq. ft. it seems over
limiting. One 18"xl8"or a 3 square foot sign on a 20,000 sq. ft. project
does not allow for many trades to advertise. A group of contractors change
from one job to the next and making a new sign for every job is not
practical.
I agree that no one adjacent to a construction project wants to look
at something that resembles a political compaign headquarters but there
should be some way to allow individual contractors to display their signs.
Perhaps if the signs were consolidated to one area on the site and limited
to a reasonable but legible size. Also mounting them in an orderly manner
would keep the site looking neat and clean. See attached example.
.A construction sight in itself is not always a pleasant thing to
look at. A nice sign arrangement would not seem to worsen the appearance
of the sight-site. It may even divert attention to a more pleasant thing
to lock at.
I hope this will help you on your up coming re-evaluation of the
ordinance. Also thank you for your time at the counter Hies. 2/28/89.
SiSlr.L�Y, i 1
'" o Fer ud, Jr.
RFJ:rk
KOHLER of KOHLER AMERICAN STANDARD
EL &SEO BUSINESS ASAIATION
P. O. Box 6000 Ste. 305
Palm Desert, CA 92261
:Y�1q L`'J fit v J ..�t"✓'
Dept of Community Development r. 1 r 9d4
City of Palm Desert
Sign Review Subcommittee 19!1 pf PRfM Ofj`;?J
April 10, 1989
RE: Proposed Sign Ordinance Awning Provisions
Gentlemen:
We thank you for the opportunity to review the proposed changes.
Following are our recommendations and out support is given
subject to acceptance of our recommendations in their entirety.
Consider no comment on any proposed change to carry our support.
1. No provisions are made for logos and we assume that size
color and placement will be considered on a case by case
basis.
2. Color of awning should not be limited to those that
"blend" with the building. Contrasting colors when
properly chosen for tone and intensity create a tasteful
statement while drawing attention to the business. We
STRONGLY recommend one or more members of the
Architectural Commission possess interior design or color
scheme skills so decisions can be made concerning color,
logo size, and awing design compatibility with the
structure.
3. Twelve inch maximum letter height not to exceed one-third
of awing height.
4. Straight drop awing if properly designed and tailored
for a specific building can be both attractive and
effective (i.e., Andrew Lawrence). See 2. above for design
skills necessary on the Commission to make these
decisions.
5. We encourage the use of street numbers on awing where
building numbers are obscure.
(:rry
a se i can be of further assistance.
M. rotbeck
Chairman-El Paseo Bus. Assoc.
nCHAMBER-OF COMMERCE
72.990 HIGHWAY 111
PALM DESERT, CALIFORNIA 92260
TELEPHONE: (619) 346-6111
April 11, 1989
Mr. Richard Erwood, Chair, and Members
Palm Desert Planning Commission
73-510 Fred Waring Drive
Palm Desert, Ca. 92260
Dear Mr. Chairman and Planning Commission Members:
Because the Palm Desert Chamber of Commerce Executive Board did not meet
until April 11, we could not provide our input to Steve Smith from the Community
Development Department by his April 10 deadline. Thus, the enclosed information
could not be included in his staff report.
Please note that the Chamber's Board of Directors will provide the City Council
its official position statment following its April 25 meeting. However, we feel
it is important that you receive a preliminary response to the proposed Awnings
Policy for your discussion.
We will attend your April 18 Planning Commission meeting.. If you should have
any questions, we will answer them at that time, or please call me at your conven-
ience at 346-6111.
Very sincerely yours,
Daniel L. Ehrler
Executive Vice President
cc: Bruce Altman
Ray Diaz
Steve Smith
Bill Bonnar
Buford Crites S -v' .d -.I.
Jean Benson
ac
Ala
— CHAMBER OF COMMERCE
72-990 HIGHWAY I I I
PALM DESERT, CALIFORNIA 92260
TELEPHONE: (619) 346-6111
TO: Palm Desert Planning Commission
FROM: Palm Desert Chamber of Commerce
RE: Preliminary Chamber Response to Proposed Sign Ordinance Awning Provisions
The following statements reflect input from members of the Chambers Board
of Directors. "Interim Policy for Awnings" copies were sent to the Board of Directors
and the Chamber's Business and Economic and Civic Affairs Committees. Please
note that the Board of Directors will provide its official position at its April 25
meeting.
L Comments
A. Guidelines are needed and this is a beginning.
B. Agree with #8. Phone numbers are out of place on an awning.
C. Awnings are needed.
1. Businesses need to promote themselves and awnings assist that effort.
D. #4 - "aesthetically": According to whom? Subjectivity is burdensome and
conflicting. Also costly.
E. #5 - Eight inch (8"): Too small. Could be dangerous.
F. #9 - "straight drop": Further definition needed. Perhaps drawings or photo-
graphs should be used for clarification.
G. Policy is restrictive.
H. Policy lacks clear definition.
L Consideration should be given to businesses' color of building and need for building.
J. #8 - Agree: Phone numbers are out of place.
K. #6 - Why not if business is type that pronounced scalloping on awning follows
its theme.
1. "Pronounced" - need for clarification of definition.
I.. #1 - Which buildings are not entitled to an awning? Why?
1. Agree that awning must be compatible with building.
M. #2 - Agree.
r
T
N. #3 - Why? Awnings which fit into scheme of setting but are not attached
meet a need and can be useful to area.
O. #7 - 4": Very small. Could be dangerous.
P. #'s 7 and 8 - Awning should not contain both address and phone number.
Q. One member stated, "I would object to the above restrictions. Signs in Palm
Desert (awnings ect.) are needed. The extensive sign ordinance is out of
date and has done nothing to either enhance the beauty of the town or the
ease of finding businesses. The awnings I have seen in town have, in my opinion,
helped in both beautification and ease of seeing business."
II. Conclusion
These are a number of comments received by us and forwarded to you for
your information. The Chamber will have a more formal position and specific rec-
omendation following its April 25 Board of Directors meeting.
25 .68. 390--25. 68. 395
currently being offered. Any special conditions required for
sale at such lowest price shall also be indicated. (Ord .
129 S4 (part) , 1977 : Ord . 98 51 (part) , 1975 : Exhibit A
525.38-12. 11) .
25. 68. 390 Signs in district and regional shopping
centers and industrial parks . A. In addition to the wall
sign area allowed for individual businesses , shopping cen-
ters and industrial parks in excess of three and one-half
acres of land shall be allowed one identification sign on
each right-of-way. Such signs shall not extend beyond the
property line or into the right-of-way and shall be used
solely to identify the shopping center, shopping area, or
businesses and/or activities conducted therein. Relative
to such signs, the allowable sign area shall be based on
ten square feet of sign per acre. These signs shall not ex-
ceed one hundred square feet, shall have a maximum height of
twelve feet, and shall not be erected without first having
proper approval as provided in this chapter.
B. Further, where the unique design of the center
allows for adequate integration of a larger sign, the per- .
mitted pedestrian traffic signs as allowed in Section 25 .68-
. 330 may be increased to a maximum of six square feet per
side. (Ord. 272 (part) , 1981 : Ord. 129 54 (part) , 1977:
Ord. 98 51 (part) , 1975: Exhibit A 525. 38-12 . 12) .
25 . 68. 395 Buildin or buildin complex identification
signs in the general cot
district. n a ition
to the wall sign area allowed for individual businesses,
general commercial district buildings or building complexes
which are designed to contain four or more distinct tenant
spaces, may be allowed one identification sign on each right-
of-way, or public access thoroughfare. Such signs shall not
extend beyond the property line or into the right-of-way or
thoroughfare, and shall be used solely to identify the build-
ing or building complex. Relative to such signs , the maximum
allowable sign area shall be based on the following:
A. Up to fifty feet of frontage, three square feet of
sign area;
B. Over fifty feet of frontage, up to seventy-five feet,
five square feet of sign area;
C. Over seventy-five feet of frontage, up to one hundred
feet, ten square feet of sign area;
D. Over one hundred feet of frontage, maximum size of
fifteen square feet.
Buildings with frontage of one hundred feet or more shall
be permitted a free standing sign, height not to exceed eight
feet. (Ord. 272 (part) , 1981 : Ord. 22 52 , 1980) .
II
I
426-1 (Palm Desert 7/82)
25 . 68 . 310 Freestanding signs. A. A building or com-
mercial complex within the general commercial zone with in-
dividual street frontage shall be allowed one double faced
or single faced freestanding sign per street frontage, for . r
tenant identification when the building or complex location
or configuration or topographical variation or other similar
circumstances preclude the effective use of a sign on the
building but must have the explicit approval as to necessity,
size and location of either the design review board, planning
commission or city council .
B. The square footage of one face of a double faced
sign shall be counted; however, the square footage of such
• sign face shall in no case exceed one-half the total allowable
signage of the front of the building and shall be subtracted
therefrom.
C. The area of such signs shall not exceed fifty square
feet per face; and the height shall not exceed twelve feet.
D. All detached signs shall be placed within a per-
manently landscaped area of not less than twenty-four square
feet; and be architecturally compatible with the building or
complex; and not encroach in the public right-of-way.
E. Any freestanding sign conforming to the requirements
of Section 25. 68 . 310 as in effect on September 25 , 1981, shall
be considered exempted from these provisions until such time
as the owner changes his sign copy. (Ord. 272 .(part) , 1981: !
Ord. 129 54 (part) , 1977 : Ord. 98 51 (part) , 1975 : Exhibit
A 525. 38-12 . 03 (B) ) .
25 .68 . 320 Second-stor businesses . Businesses main-
tained exclusively on the seconfloor of a two-story build-
ing may be allowed up to fifty percent of the sign area
authorized for businesses conducted in single-story buildings
by the design review board process . (Ord . 129 54 (part) , .
1977 : Ord. 98 S1 (part) , 1975 : Exhibit A 525 .38-12 .04) .
25 . 68 . 330 Si n for edestrian traffic . Where the prin-
cipal sign or a business is located so that it cannot be
seen by pedestrian traffic, an identification sign, in
addition to that otherwise allowed in this chapter, shall be
permitted. Such a sign shall be no larger than -three square
feet (three feet on each side) and it shall be designed and
located so as to not distract from the appearance of the
building or violate the intent of this chapter. (Ord. 129
54 (part) , 1977 : Ord. 98 51 (part) , 1975: Exhibit A 525 .38-
12.05) .
25 68 335 Directional signs for courtyard or plaza
businesses . Where commercial buildings or coma exes are
esigne to contain tenant spaces oriented to an interior
courtyard or plaza and where the principal business iden-
tification sign is located on that courtyard or plaza front-
age, the commercial building or complex may be permitted
424 (Palm Desert• 7/82)
CALIFORNIA
BUSINESS AND PROFESSIONS CODE
CHAPTER 2.5
SECTIONS 5490 THROUGH 5499.1
"ON-PREMISE SIGN LAWS"
CREATED BY
THE SIGN USERS COUNCIL OF CALIFORNIA
AND
THE CALIFORNIA ELECTRIC SIGN ASSOCIATION
§ 5490 BUSINESS AND r ,OFESSIONS CODE
Section
5495. Ordinances or regulations requiring uncompensated removal of displays, conditions.
5495.5 Ordinances or regulations applicable to designated areas requiring removal of displays in
additional portions.
5496. Ordinances or regulations requiring uncompensated deactivation of flashing or rotating features on
displays.
5497. Ordinances or regulations requiring uncompensated removal of displays meeting certain criteria.
5498. Exemptions.
5498.1 License or permit to construct new display;denial or conditioning issuance on removal,repair,etc.of
other display; conditions prohibiting.(New).
5498.2 Permit for alteration to nonconforming legally in place display;denial or conditioning issuance upon
business ownership change;prohibited during amortization.(New).
5499. Height or size as basis for removal of displays.
Chapter 2.5 was added by Stats. 1988, a 1282, p. —, §1.
§5490. Application of chapter, definitions
(a)This chapter applies only to lawfully erected on-premises advertising displays.
(b)As used in this chapter,"on-premises advertising displays"means any structure,housing,sign,device,
figure,statuary,painting,display,message placard,or other contrivance,or any part thereof,which has been
designed,constructed,created,intended,or engineered to have auseful life of 15 years or more,and intended
or used to advertise,or to provide data or information in the nature of advertising,for any of the following
purposes;
(1)To designate,identify,or indicate the name or business of the owner or occupant of the premises upon
which the advertising display is located.
(2)To advertise the business conducted, services available or rendered, or the goods produced, sold, or
available for sale,upon the property where the advertising display has been lawfully erected.
(c) As used in this chapter, "introduced or adopted prior to March 12, 1983," means an ordinance or
other regulation of a city or county which was officially presented before,formally read and announced by,or
adopted by the legislative body prior to March 12, 1983.
(d)This chapter does not apply to advertising displays used exclusively for outdoor advertising pursuant to
the Outdoor Advertising Act(Chapter 2(commencing with Section 5200)).
(e)As used in this chapter,illegal advertising displays do not include legally erected,but nonconforming,
displays for which the applicable amortization period has not expired.
(0 As used in this chapter,"abandoned advertising display"means any display remaining in place or not
maintained for a period of 90 days which no longer advertises or identifies an ongoing business, product,or
service available on the business premise where the display is located.
(Added by Stats.1986,c. 513, §2. Amended by Stats.1987, c. 1281, §1.)
1986 Legislation Library References
Former§5490,added by Stats.1983,c.1232,§1,relat- Zoning and Planning a 81.
ingto similar subject matter,was repealed byStata.1986 C.J.S. Zoning and Land Planning §§ 25, 61.
c. 513, § 1. Words and Phrases (Perm. Ed.)
Derivation: Former § 5490, added by Stats.1983,
c. 1232, § 1.
§ 5491. Removal, abatement, or limitation of on-premises advertising display; compensation
requirement
Notwithstanding any provision of Chapter 2(commencing with Section 5200),except as provided in this
chapter,noon-premises advertising display which is used for any of the purposes set forth and conforming to
Section 5490 shall be compelled to be removed or abated,and its customary maintenance,use,or repair shall
not be limited,whetheror notremoval or limitation is requaired because of any ordinance or regulation of any
city or county, without the payment of fair and just compensation.
(Added by Stats.1983, c. 1232, § 1.)
§ 5491.1. Ordinances or regulations; provisions for inventorying and identification of illegal
or abandoned advertising displays.
Any city or county adopting, modifying,or amending any ordinance or regulation after January 1, 1988,
which regulates or prohibits the use of any on-premises advertising display shall include provisions in that
Underline indicates changes or additions by amendment
BUSINESS AND WESSIONS CODE § 5494
ordinance, regulation, or amendment for the inventorying and identification of illegal or abandoned
advertising displays within its jurisdiction.
The inventory and identification shall commence within six months from the date of adoption of the
ordinance or regulation.Within 60 days after the six-month period,the city or county,as the case may be,shall
commence abatement of the identified preexisting illegal and abandoned on-premises advertising displays.
This section does not apply to the adoption or amendment of an ordinance if that new ordinance or amend-
ment is limited in its effect to regulating the construction of new on-premises advertising displays.A new
on-premise advertising display means,for purposes of this section,a display whose structure or housing has
not been affixed to its intended premises.Construction means,for purposes of this section,the manufacturing
or creation of a new on-premises advertising display.
(Added by Stats.1987, c. 1281, §2.)
§5491.2.Fees for cost of inventorying and identifying illegal or abandoned advertising displays
A city or county may impose reasonable fees upon all ownersor lessees of on-premises business advertising
displays for the purpose of covering its actual costof inventorying and identifying illegal or abandoned adver-
tising displays which are within its jurisdiction.
The actual cost may be fixed upon a determination of the total estimated reasonable cost,the amount of
which and the fee to be charged is exclusively within the discretion of the city or county.
(Added by Stats.1987, c. 1281, §3.)
§5492. Presumption: payment of fair and just compensation;fair market value
For purposes of compliance with Section 5491,fair and just compensation is presumed to be paid upon the
payment of the fair market value of the on-premises advertising display as of the date written notice is given to
the.owner of the display requiring conformance or removal thereof.
Fair market value consists of the actual cost of removal for the display,the actual cost to repair any damage
caused to the real property or improvements thereon as a result of the removal of the display,and the actual
costto duplicatethe advertising display required to be removed as of the date written notice requiring removal
for nonconformance is given to the owner by the governmental body requiring conformance or removal.
(Added by.Stats.1983, c. 1232, §1.)
Library References
Eminent Domain 2(1.2).
C.J.S.Zoning and Land Planning§24.
§5493.Alternative payment;actuat replacement cost
(a)As an alternative to payment of fair and just compensation under Section 5492,a city or county may pay
fair and just compensation to the owner of the on-premises advertising display by paving the actual
replacement cost to the owner for an on-premises advertising display which shall conform with the laws in
effect that are applicable to the owner's business premises,and shall include,as part of the actual replacement
cost,the actual cost for removal of the nonconforming on-premises advertising display and the actual cost of
the repair to the real property caused by the removal of the display. '
(b)The sum payable as fair and just compensation to the owner of any on-premises advertising display shall
be the greater of the two methods provided in subdivision(a)of this section or Section 5492 as the basis for fair
and just compensation. In any event,before any on-premises advertising display is required to be removed,
the fair and just compensation required by subdivision(a)of this section or Section 5492 shall be paid.
(Added by Stats.1983, c. 1232, § 1.)
§5494.Ordinances and regulations providing for amortization and making nonconforming lawfully
in place erected displays;exemption;presumption of illegality;annexed property;amend-
ments or modifications; reenactment
The ordinances and regulations of any city or county,introduced or adopted prior to March 12,1983,which
have provided for amortization,and which make nonconforming any lawfully in place erected on-premises
advertising displays, shall not be subject to Section 5491.
Asterisks`• •indicate deletions by amendment
§ 5494 BUSINESS AND PPOFESSIONS CODE
(a)All on-premises advertising displays which become nonconforming as a result of any such ordinance or
regulation are presumed illegal once the amortization period provided by the ordinance or regulation
rendering them nonconforming has lapsed and conformance has not been accomplished.
(b)If property containing on-premises advertising displays is annexed to a city or county which introduced
or adopted, prior to March 12, 1983, an ordinance regulating on-premises advertising displays, the city or
county may apply its ordinance or regulation to theannexed property,and the display shall be deemed illegal
upon expiration of any applicable amortization provided by such ordinance or regulation.The amortization
period is deemed to commence in such event upon the date of annexation.
(c). When amortization has not been provided in any applicable preexisting ordinance, annexed
nonconforming displays ordered to conform to ordinances or regulationsof any city or county shall be subject
to the requirements of Section 5491.
(d)Amendments or modifications to ordinances or regulations of any city or county adopted prior to March
12, 1983, including amendments which require removal of additional displays or displays which had
previously been made conforming,shall be subject to the requirements of Section 5491 if such amendment or
modification makes the ordinance being amended or modified more restrictive or prohibitive.
(e)Ordinances or regulations of any city or county introduced or adopted prior to March 12, 1983,which
have terminated or will terminate,may be reenacted and are not subject to Section 5491 if reenacted within
12 months of their termination, and if upon reenactment they are not made more restrictive or prohibitive
than the preexisting ordinance or regulation.
(Added by Stats.1986, c. 513, §4.)
1986 Legislation Derivation
Former § 5494, added by Stats.1983, c. 1232, § 1, Former § 5494, added by Stats.
relating to similar subject matter, was repealed 1983, c. 1232, § 1.
by Stats.1986, c. 513, § 3.
§5495.Ordina.nces or regulations requiring uncompensated removal of displays,conditions
A city or county whose ordinances or regulations are introduced or adopted after March 12, 1983,and any
amendments or modifications to those ordinances and regulations,are not in violation of Section 5491 if the
entity elects to require the removal without compensation of anyon-premise advertising display which meets
all of the following requirements:
(a)The display is located within an area shown as residential or agricultural on a local general plan as of the
date the display was lawfully erected.
(b)The display is located within an area zoned for residential or agricultural use on the date the display was
lawfully erected.
(c)The display is not required to be removed because of an overlay zone,combining zone,special sign zone,
or any other special zoning district whose primary purpose is the removal or control of advertising displays.
(d)The display is allowed to remain in existence after March 12,1983,for a period of 15years from the date
of adoption of the ordinance or regulation.For purposes of this section,every sign has a useful life of 15years.
Fair and just compensation for signs required to be removed during the 15-year period and before the
amortization period has lapsed shall be entitled to fair and just compensation which is equal to 1/15 of the
duplication cost of construction of the display being removed multiplied by the number of years of useful life
remaining for the sign as determined by this section.
(Added by Stats.1983, c. 1232, § 1.)
§5495.5 Ordinances or regulations applicable to designated areas requiring removal of displays in
additional portions
A city or county with an ordinance or regulation introduced or adopted prior to March 12,1983,which is
applicable to designated areas within the city or county less than the entire city or county is not in violation of
Section 5491 for an ordinance or regulation introduced or adopted on or after March 12,1983,even though it
requires removal of on-premises advertising displays in additional portions of the city or county,if the city or
county adopts not more that two such ordinances or regulations on or after March 12, 1983,and if the total
Underline Indicates changes or additions by amendment
BUSINESS AND r -OFESSIONS CODE § 5496
effect of the ordinance,or regulation is to apply to less than the entire city or county,and such new ordinance
or regulation provides reasonable amortization for conformance."Reasonable amortization,"for purposes of
this section,shall not be less than 15 years from the date each such ordinance or regulation was adopted.If
these conditions are not met,the city or county is subject to Section 5491 with respect to all those ordinances
and regulations.
(Added by Stats.1986, c.613, §6.)
_ 1986 Legislation Derivation:
Former § 5495.5, added by Stats.1983, Former § 5495.5 added by Stats.1982, c.
c. 1232, § 1, relating to similar subject matter 1232, § 1.
was repealed by Stata1986, c 513 § 5.
§ 5496. Ordinances or regulations requiring uncompensated deactivation of flashing or rotating
features on displays.
A city or county,whose ordinances or regulations are otherwise in full compliance with Section 5491 is not
in violation of that section if it elects to deactivate,without compensation,any flashing or rotating features of
the on-premises advertising display, unless the flashing or rotating feature of the display has historical
significance.
(Added by Stats.1983,c. 1232, §1.)
§ 5497. Ordinances or regulations requiring uncompensated removal of displays meeting certain
criteria
A city or county,whose ordinances or regulations were introduced or adopted after March 12,1983,or any
amendments to those ordinances and regulations,is not in violation of Section 5491 if it elects to require the
removal, without compensation, of any on-premise advertising display which meets any of the following
criteria:
(a)Any advertising display erected without first complying with all ordinances and regulations in effect at
the time of its construction and erection or use.
(b)Any advertising display which was lawfully erected anywhere in this state,but whose use has ceased,or
the structure upon which the display has been abandoned by its owner,for a period of not less than 90 days.
Costs incurred in removing an abandoned display may be charged to the legal owner.
(c)Any advertising display which has been more than 50 percent destroyed, and the destruction is other
than facial copy replacement,and the display cannot he repaired within 30 days of the date of its destruction.
(d)Any advertising display whose owner,outside of a change of copy,requests permission to remodel and
remodels that advertising display,or expand or enlarge the building or land use upon which the advertising
display is located,and the display is affected by the construction,enlargement or remodeling,or the cost of
construction, enlargement, or remodeling of the advertising display exceeds 50 percent of the cost of
reconstruction of the building.
(e)Any advertising display whose owner seeks relocation thereof and relocates the advertising display.
(f)Any advertising display for which there has been an agreement between the advertising display owner
and the city or county, for its removal as of any given date.
(g)Any advertising display which is temporary.
(h)Any advertising display which is or may become a danger to the public or is unsafe.
(i) Any advertising display which constitutes a traffic hazard not created by relocation of streets or
highways or by acts of any city or county.
U)Ordinances adopted by a city within three years of its incorporation, which incorporation occurs after
March 12, 1982, shall not be subject to Section 5491 except as provided by Section 5494.
(Added by Stats.1983, c. 1232, §1.)
(k)Notwithstanding subdivision(j),for any city or county incorporated after January 1,1989,an ordinance
_ initially adopted within three years of incorporation, or any amendment thereto within that three-year
period, may require removal without compensation, except that no removal without compensation may be
required within 15 years from the effective date of that ordinance or amendment.
(Added by Stats.1988)
Library References
Zoning and Planning e-81.
U.S.Zoning and Land Planning§§25.61
Asterisks• • •indicate deletions by amendment
§ 5498 BUSINESS AND P. RESSIONS CODE
§5498 Exemptions
(a)Sections5491 and5495 do notapply to redevelopment project areas created pucsuantto the Community redev-
elopment Law(Part 1(commencingwith Section 33000)of Division 24 of the Health and Safety Code),planned
commercial districts,or to areas listed or eligible for listing on the National Register of Historical Places,or
areas registered by the Department of Parks and Recreation as a state historical landmark or point of
historical interest pursuant to Section 6021 of the Public Resources Code,or areas created as historic zones or
individually designated properties by a city or county, pursuant to Article 12 (commencing with Section
.50280)of Chapter 1 of Division 1 of Title 5 of the Government Code.
(b) As used in this section, "planned commercial districts" means areas subject to binding agreements,
including, but not limited to, conditions, covenants, restrictions, which do all of the following-
(1)Affect on-premise advertising displays.
(2)Are at least as restrictive as any ordinance of a city or county, which affects on-premise advertising
displays at the time the agreement was entered into.
(3)Contain a binding financing commitment sufficient to carry out the agreements.
(Added by Stats.1983, c. 1232,§1.)
§ 5498.1. License or permit to construct new display; denial or conditioning issuance on removal,
repair,etc.of other display; conditions prohibiting
A city or county may not deny,refuse to issue,or condition the issuance of a business license or a permit to
construct a new legal on-premises advertising display upon the removal,conformance,repair,modification,
or abatement of any other on-premises advertising display on the same real property where the business is to
be or has been maintained if both of the following apply:
(a) The other display is located within the same commercial complex which is zoned for commercial
occupancy or use, but at a different business location from that for which the permit or license is sought.
(b)The other display is not owned or controlled by the permit applicant,and the permit applicant is not the
agent of the person who owns or controls the other display.
(Added by Stats.1987, c. 1281, §4.)
§ 5498.2. Permit for alteration to nonconforming legally in place display; denial or conditioning
issuance upon business ownership change; prohibited during amorization
(a)During the amortization period for a nonconforming legally in place on-premises advertising display's
continued use, a city or county may not deny, refuse to issue, or condition the issuance of a permit for
modification or alteration to the display upon change of ownership of any existing business if the modification
or alteration does not include a structural change in the display.
(b)Subdivision(a)of this section does not apply to any ordinance introduced or adopted prior to March 12,
1983,or adopted pursuant to subdivision 6)of Section 5497, if the ordinance contains no specific amortiztion
schedule, but instead requires conformity upon change of ownership.
(Added by Stats.1987, c. 1281,§5.)
§5499.Height or size as basis for removal of displays
Regardless of any other provision of this chapter or other law,no city or county shall require the removal of
any on-premises advertising display on the basis of its height or size by requiring conformance with any
ordinance or regulation introduced or adopted on or after March 12, 1983, if special topographic
circumstances would result in a material impairment of visibility of the display or the owner's or user's ability
to adequately and effectively continue to communicate with the public through the use of the display.Under
these circumstances,the owner or user may maintain the advertising display at the business premises and at
a location necessary for continued public visibility at the height or size at which the display was previously
erected and, in doing so, the owner or user is in conformance.
(Added by Stats.1986, c.513, §8.)
1986 Legislation Derivation:
Former § 5499, added by Stats.1983, c. 1232, Former § 5499, added by
§ 1, relating to similar subject matter, was Stats.1983, c. 1232, § 1.
repealed by Stats.1986, c. 513, § 7.
Underline indicates changes or additions by amendment
BUSINESS AND PROFESSIONS CODE §.5499.1
CHAPTER 2.6 ORDINANCES GOVERNING ON-PREMISE
ADVERTISING DISPLAYS(NEW)
Section
~ 5499.1. Definitions.
5499.2. City or county resolutions;declaration as public nuisances and abatement of illegal on-premises ad-
vertising display; notice.
5499.3. Posting of notices.
5499.4. Form of notice.
5499.5. Time for posting notices.
5499.6. Written notice of proposed abatement.
5499.7. Hearing continuance;objections; finality of decision;order to abate.
5499.8. Entry upon private property.
5499.9. Removal by owner; special assessment and lien for costs.
5499.10. Cost of abatement; itemized written report.
5499.11. Abatement by contract.
5499.12. Cost of abatement,special assessment and lien.
5499.13. Issuance of receipts for abatement costs.
5499.14. Refund of assessments.
5499.15. Property damage caused by city or county officer or employee; claim; payment.
5499.16. Chapter as alternative procedure.
Chapter 2.6 was added by Stats.1987, a 1281, § 6.
§5499.1. Definitions
For purposes of this chapter only:
(a)"Illegal on-premises advertising display"means any of the following.
(1)An on-premises advertising display erected without first complying with all ordinances and regulations
in effect at the time of its construction and erection or use.
(2)An on-premises advertising display that was legally erected,but whose use has ceased,or the structure
upon which the display is placed has been abandoned by its owner,not maintained,or not used to identify or
advertise an ongoing business for a period of not less than 90 days.
(3)An on-premises advertising display that was legally erected which later became nonconforming as a
result of the adoption of an ordinance, the amortization period for the display provided by the ordinance
rendering the display nonconforming has expired, and conformance has not been accomplished.
(4)An on-premises advertising display which is a danger to the public or is unsafe.
(5) An on-premises advertising display which is a traffic hazard not created by relocation of streets or
highways or by acts of the city or county.
(b) "On-premises advertising display" means any structure, housing, sign, device, figure, statuary,
painting,display,message placard,or other contrivance,or any part thereof,which is designed,constructed,
created,engineered,intended,or used to advertise,or to provide data or information in the nature of adver-
tising, for any of the following purpose:
(1)To designate,identify,or indicate the name of the business of the owner or occupantof the premises upon
which the advertising display is located.
(2) To advertise the business conducted, services available or rendered, or the goods produced, sold, or
available for sale, upon the property where the advertising display is erected.
Asterisks' • * indicate deletions by amendment
JUN 1 5 1989
COMMUNITY DEVELOPMENT OLPARUAL111
nCHAMBER
CITY DF PA!M DESERT
OF COMMERCE
72-990 HIGHWAY 111
PALM DESERT, CALIFORNIA 92260
TELEPHONE: (619) 346-6111
June 13, 1989
Mr. Ray Diaz, Assistant City Manager
Community Development
City of Palm Desert
73-510 Fred Waring
Palm Desert, Ca. 92260
Dear Ray:
During the discussions by the Signage Task Force, the sign permit process
came up.
Enclosed is a description of the problem and solution as presented by one
of the Task Force members for your perusal and consideration. Any questions
or response, please do not hesitate to call me at your convenience.
T
e ly yours
Daniel L. Ehrler
Executive Vice President
F
PROBLEM:
1. Many applicants submit drawings, sketches, photos etc., that are not of a
professional nature.
Staff and Design Review approve signage. Approvals go back to Planning
desk stamped APPROVED.
Z. The applicant, who in many cases is not a qualified sign contractor, is given
back the drawings marked APPROVED.
3. When the applicant receives this approved stamped drawing, he or she walks
out of the City Hall without having purchased a sign permit.
A. The City is losing thousands of dollars in sign permit fees.
B. In many cases the applicant is not a State licensed contractor. By law,
if the sign installation is defective and causes harm or injury to persons
or property, the City of Palm Desert is liable for damages.
C. If the permit is not obtained, this means inspections are not done to
insure proper installation or if the sign meets Planning specifications.
D. The present procedure causes the city to lose control of signage, and
allows sub-standard sign installations.
r
SUGGESTED SOLUTIONS TO THE PROBLEM
1. When a sign submittals are made, applicant should provide drawing, plot
plan and color samples.
2. When Staff or Design Review approve the project, it is sent directly to the
the Building Department. This must be hand carried by City Planning Staff
people, not the applicant. If the applicant comes in contact with the documents
the whole process breaks down. Once the paper work reaches the Building
Department, the following procedure is done to protect the City and insure
revenue.
A. Does the applicant have a valid up to date state Contractors sign license?
(Check by calling local Board at 346-5643).
B. Does applicant have the proper liability and Workman's Compensation
Insurance to protect the City and property owners.
C. Do all specifications for installation meet City codes.
D. Applicant is called when permits are ready to secure and money is collected.
INDIO - (619) 347-3629
� / CO. LM SPRINGS - (619) 345-2691
Va��ec� Plumkny (mo
P. O. BOX 665
INDIO, CALIFORNIA 92201
-:.,
City of Palm Desert ''' " ' '
73-510 Fred Waring Dr. �MM�;,; 69
L,
Palm Desert, Ca 92260 '' ;'F.°4: f1j''
March 2, 1989
Att: Stephan Smith-Planning Dept.
Dear Mr. Smith
Just a thought for your review, concerning trade construction signs.
After reviewing the current ordinance 25.68.570 sq. ft. it seems over
limiting. One 18"xl8"or a 3 square foot sign on a 20,000 sq. ft. project
does not allow for many trades to advertise. A group of contractors change
from one job to the next and making a new sign for every job is not
practical.
I agree that no one adjacent to a construction project wants to look
at something that resembles a political compaign headquarters but there
should be some way to allow individual contractors to display their signs.
Perhaps if the signs were consolidated to one area on the site and limited
to a reasonable but legible size. Also mounting them in an orderly manner
would keep the site looking neat and clean. See attached example.
A construction sight in itself is not always a pleasant thing to
look at. A nice sign arrangement would not seem to worsen the appearance
of the sight-site. It may even divert attention to a more pleasant thing
to look at.
I hope this will help you on your up coming re-evaluation of the
ordinance. Also thank you for your time at the counter Tues. 2/28/89.
Si Y.
r
ob Fe ud,Jr. 1
RFJ:rk
KOHLER of KOHLER AMERICAN STANDARD
EL PA5EO BUSINESS ASSOCIATION
P. O. Box 6000 Ste. 305
Palm Desert, CA 92261
vAICj � L
Dept of Community Development APR 11 1989
City of Palm Desert W' MMLINITF 0EuuoPNEN) U:ARTM[N[
Sign Review Subcommittee CIR QI PALM otSERT
April 10, 1989
RE: Proposed Sign Ordinance Awning Provisions
Gentlemen:
We thank you for the opportunity to review the proposed changes.
Following are our recommendations and out support is given
subject to acceptance of our recommendations in their entirety.
Consider no comment on any proposed change to carry our support.
1. No provisions are made for logos and we assume that size
color and placement will be considered on a case by case
basis.
2. Color of awning should not be limited to those that
"blend" with the building. Contrasting colors when
properly chosen for tone and intensity create a tasteful
statement while drawing attention to the business. We
STRONGLY recommend one or more members of the
Architectural Commission possess interior design or color
scheme skills so decisions can be made concerning color,
logo size, and awing design compatibility with the
structure.
3. Twelve inch maximum letter height not to exceed one-third
of awing height.
4. Straight drop awing if properly designed and tailored
for a specific building can be both attractive and
effective (i.e. Andrew Lawrence). See 2. above for design
skills necessary on the Commission to make these
decisions.
5. We encourage the use of street numbers on awing where
building numbers are obscure.
,5a se i can be of further assistance.
. rotbeck
Chairman-El Paseo Bus. Assoc.
1"Cl�lfG �Pde�t 1 31989
,y pE'/ELUPMENi OEPA,u.T,NIENT
CHAMBER OF COMMERCE Illy a. PA,%1 =,.R.T
72-990 HIGHWAY 111
PALM DESERT, CALIFORNIA 92260
TELEPHONE: (619) 346-6111
July 11 , 1989
TO: Mr . Steve Smith , Associate Planner
City of Palm Desert
FROM: Daniel L. Ehrler
RE: Sign Ordinance Task Force Specific Response
to Section 25 .68 .610 — Signs on Awnings . . .
Dear Steve :
The Task Force recommends the following language be used in
section 25 .68 .610 :
In order to maximize the aesthetic potential of an
individual business fascade , awnings on buildings
should be reviewed on a case—by—case basis by the Arch—
itectural Commission. (The creation of an ordinance
with specific design parameters will minimize the
creative lattitude that is so important when com—
posing the various elements within a storefront fascade. )
Applicants with awning proposals will discuss the
design with staff prior to submitting drawings for
review. Staff will direct the applicant to review
existing awnings on buildings that have been fav—
orably or unfavorably received by City Hall and/or
the community. (This review may assist the appli—
cant in determining what general awning applications
are most likely to be accepted . ) When drawings
are submitted , the Architectural Commission should
determine the appropriateness of the awning rela—
tive to the base building color , materials and
architectural features , as well as elements in the
foreground and of adjacent buildings .
This proposed language from the Task Force will complete our
Report and Recommendations to the City of Palm Desert .
If you have any questions , please call me at your convenience.
ery s ' erely yours ,
Daniel L. Ehrler
Executive Vice President
—CHAMBER OF COMMERCE
72-990 HIGHWAY 111
PALM DESERT, CALIFORNIA 92260
TELEPHONE: (619) 346-6111
April 11, 1989
Mr. Richard Erwood, Chair, and Members
Palm Desert Planning Commission
73-510 Fred Waring Drive
Palm Desert, Ca. 92260
Dear Mr. Chairman and Planning Commission Members:
Because the Palm Desert Chamber of Commerce Executive Board did not meet
until April 11, we could not provide our input to Steve Smith from the Community
Development Department by his April 10 deadline. Thus, the enclosed information
could not be included in his staff report.
Please note that the Chamber's Board of Directors will provide the City Council
its official position statment following its April 25 meeting. However, we feel
it is important that you receive a preliminary response to the proposed Awnings
Policy for your discussion..
We will attend your April 18 Planning Commission meeting. If you should have
any questions, we will answer them at that time, or please call me at your conven-
ience at 346-6111.
Very sincerely yours,
Daniel I.. Ehrler
Executive Vice President
cc: Bruce Altman
Ray Diaz
Steve Smith
Bill Bonnar
Buford Crites
Jean Benson
n-CHAMBER
OF COMMERCE
72.990 HIGHWAY 111
PALM DESERT, CALIFORNIA 92260
TELEPHONE: (619) 346-6111
TO: Palm Desert Planning Commission
FROM: Palm Desert Chamber of Commerce
RE: Preliminary Chamber Response to Proposed Sign Ordinance Awning Provisions
The following statements reflect input from members of the Chambers Board
of Directors. 'Interim Policy for Awnings" copies were sent to the Board of Directors
and the Chamber's Business and Economic and Civic Affairs Committees. Please
note that the Board of Directors will provide its official position at its April 25
meeting.
L Comments
A. Guidelines are needed and this is a beginning.
B. Agree with #8. Phone numbers are out of place on an awning.
C. Awnings are needed.
1. Businesses need to promote themselves and awnings assist that effort.
D. #4 - "aesthetically": According to whom? Subjectivity is burdensome and
conflicting. Also costly.
E. #5 - Eight inch (8"): Too small. Could be dangerous.
F. #9 - "straight drop": Further definition needed. Perhaps drawings or photo-
graphs should be used for clarification.
G. Policy is restrictive.
H. Policy lacks clear definition.
L Consideration should be given to businesses' color of building and need for building.
J. #8 - Agree: Phone numbers are out of place.
K. #6 - Why not if business is type that pronounced scalloping on awning follows
its theme.
1. "Pronounced" - need for clarification of definition.
L. #1 - Which buildings are not entitled to an awning? Why?
1. Agree that awning must be compatible with building.
M. #2 - Agree.
N. #3 - Why? Awnings which fit into scheme of setting but are not attached
meet a need and can be useful to area.
O. #7 - 4": Very small. Could be dangerous.
P. #'s 7 and 8 - Awning should not contain both address and phone number.
Q. One member stated, "I would object to the above restrictions. Signs in Palm
Desert (awnings ect.) are needed. The extensive sign ordinance is out of
date and has done nothing to either enhance the beauty of the town or the
ease of finding businesses. The awnings I have seen in town have, in my opinion,
helped in both beautification and ease of seeing business."
EL Conclusion
These are a number of comments received by us and forwarded to you for
your information. The Chamber will have a more formal position and specific rec-
omendation following its April 25 Board of Directors meeting.
ok
INTERIM POLICY FOR AYdUxs
N1RI 10, 1989
1. Not every building is entitled to an awning. The awning must be
architecturally compatible with the building.
2. Awnings must be kept in good repair and be clean and non-faded.
3. No awnings allowed which are not substantially attached to buildings (i.e.
no freestanding awnings).
k 01 l
4. Awning lettering, as well as style and colors, must aesthetically blend
with the building.
5. Eight inch (8") maximum letter height not to exceed one-third (1/3) of
awning height.
6. Scalloping on bottom of awnings shall not be pronounced.
7. Awnings, where applicable, will oQ��ain street four inches (4") in
� � N,
height. 11 o
t U.vv
8. Aw will not contain phone numbers. �ay�
9. No straight drop type awnings shall be permitted (i.e. canvas signs).
SRS/tm
INTEROFFICE NhN[ItAi�M
City of Palm Desert
TO: Sign Revision Subcamd ttee
FROM: Department of Cc minity Development
DATE: March 8, 1989
SUBJECT: Discussion of Suggested Revisions Submitted by Members
This report will discuss all of the arrtnents which were made by subcartnittee
members, explain what was requested and staff Is response to same.
Section 25.68.010 Intent & Purpose. Two people suggested this section should
be revised adequately explain the city's policy regarding signs. Such \
additions "nuininuize visual pollution, minimize use of lighting and minimize
use of con colors" were specifically mentioned.
u/C'XCesk'JfJ -
Staff concurs with these additions and suggests that ones the revisions are in
place or perhaps before they are codified that staff and architectural
crnudssion hold a session on getting acquainted with all facets of the sign
ordinance.
Section 25.68.020 'C' Area of Sign: Ong member felt this section was too
complicated and should be re-written. Staff has not had problems enforcing or
explaining this section. We would like to correct the typo in line 4 and
change "of" to .1crIl.
Section 25.68.020 'J' Freestanding Sign. One member suggested adding
"pedestal" to this section. This is done as a matter of course by staff. If
we add "pedestal" here, we'll have to define it later.
Section 25.68.020 'T' "Roof Sign" is defined. First members should be aware
that section 25.68.090 Pmhibited Signs W lists roof signs. The original
writer of this part of the ordinance nest have felt that mansard mounted signs
were not unacceptable in that they specifically provided language which allows
then. Two members questioned whether these signs are appropriate. Staff has
no problem deleting the last four lines of subsection 'T' and the similar line
in subsection 'X' if it is the desire of the subcommittee.
Section 25.68.020 'V' "Sign Face" was mentioned by one member as being
confusing which it is especially when you realize although the term is defined
it is not used elsewhere in the section. Sign area is covered in subsection
'C' . Therefore, this subsection could be removed altogether. Staff would
suggest that where defined terms are used in the text of the ordinance that
they be placed in "italics" or "bolded".
Section 25.68.020 'X' re-enforces the exemption of roof signs on mansards
provided in subsection 'T' . If this provision is eliminated then this section
in subsection 'X' can also be deleted.
SIGN REVISICN SUB0a44rrnM
DISQ]SSICN of StI;GESTED REVISICNS
MUKH 8, 1989
Section 25.68.030 Sign Permit Procedurre"never followed". Actualls followed was opted an by one member as
y it ivas
The exceptions to the rule tend to stand out in our mires 3ority of businesses.
Concomitant with this Procedure section is section 25.68.070 "Double Permit
Fee." The same member felt the fee was much too low for those who violated the
Procedure. The city attorney advised in the past that the penalty could only
rroeflec
cedtures.the actual amount of extra wort[ necessitated by failing to follow the
P
�Secticn 25.68.030, Subsection 'I' should be added requiring written approval
from the property owner prior submittal to the city. Staff concurs.
Section 25.68.040 Sign n aticn Re
should be mandatory guirenPnt. One member felt that this
reading for lapplicants- Staff concurs and would suggest that a one page handout be written covering size, color, compatibility,
integration, purpose, etc. ca[gnatibility
Section 25.68.050 Adjustments uses the term "
zoning is not
used elsewhere on this section. Actually this term administrator"
s de£inedelseiesbee in the
zoning ordinance and used for adjustments so the term is internally consistent.
Staff suggests no change
Section 25.68.100 Abatement of Ill al Signs. One member questioned the
appropriateness of the director of community development enforcing this
section. This matter should be discussed more with the subccnmittee.
Section 25.68.120 Permitted Signs - Punmao One member felt that this is an
=Portant section which should be brought to the attention of applicants.
Staff ooncurs--it will be part of the handout.
Segticn 25.68.130 Realty Signs. One imemtb felt that e igns should—
and zed, at "for rent" signs be a
i e sho be discuss PPe to be u perpe allyb�
camuittee.
Section 25.68.150 Open House Signs. One member. felt additional education of
n better
real estate people was necessary in order to obtain li
concurs. camp ance. Staff
Section 25.68.170 Other Signs. One member suggested alarm eanPany signs should
be added to this section. Staff concurs.
Section 25.68.230 Freestan Signs, Freestanding to 10 feet in height. One member felt signs too hi presently limited
discussed by the committee. Staff could see a six (6) foot height is meld be
2
SIGN REVisi N SU®Ct7"a,, E
DISCUSSICN OF SUG STD REVISITS
MWH 8, 1989
Section 25.68.260 One Sign per Codex. One membeer felt this section followed more closely. Staff concurs and will should be
emphasize it in the handout.
Section 25.68.290 Alternate Si Area Allocation for Small Commercial
Comp1exes• One member felt that this section encouraged
this section is not the off menu signs. Actually,
designed with a breez ending section. This section is used on buildings
eway and tenants fronting on the breezeway. Those tenants
without street or
area. fists section parking
lolows ft frontage are normally not allocated any sign
normally allocated to the tenants owner to withhold some of the area
street fronting tenant. This section is seldom used,g on a tin favor of the non-
The offending sections regarding menu signs are 25.68.310 "for tenant
identification" and section 25.68.390 "to identify the shopping center,
shopping area or businesses".
If it is the crnmittee's wish to eliminate "menu signs" then these sections
should be amended accordingly.
Section 25.68.300 Height - Wall Signs will need to be amended if w
eliminate parapet or mansard-mounted signs. e are to
Section 25.68.110, Freestanding Si
• One member' questioned the "necessity"
provision regarding the "Luckl,'s" sign. Actually, a second section 25.68.390
covers Shopping centers and was used for the Lucky's sign. This section has no
requirement that necessity be demonstrated.
In reality, section 25.68.310 is used
clause. very rarely, Perhaps due to its necessity
The committee should discuss if it wishes to tighten up section 390.
on 25. 320 Second S fe t
on or b�cf
tted
more on s is desie 1y 1�' Staff will need
subcamnittee.
Section 25.68.430 - Design Review Board process. One member felt this section
should be more strictly adhered to and require sign programs to be submitted
to ARCearly (architectural the Process. In addition, this section should be updated to change it
(architectural review commission) versus DRB (design review board), etc.
Before it is amended the subcommittee should discuss it more fully because
architects are the ones who most consistently seek waivers because their
clients haven't begun to think about signs.
3
r
i
'f SIGN REVISICN SUBOOM A,,LEE
DISCUSSION OF SATED REVISIClS
MARCH 8, 1989
Section 25.68.440 Sign Review Criteria. One member felt that the term
"canpatible" as used in this section should be discussed.
Section 25.68.470 Proper Maintenance of Signs One member asked if this
question could apply to awnings. Staff feels that awnings with signs could be
covered
i by this section. However, how effective the city could be in enforcing
t may be another matter.
Section 25.68.480 Sign Colors. One member felt the number of colors should be
limited. While another wondered if we should establish a list of acceptable
colors. Until 1981 the number of colors in a sign was limited to 3. In a 1981
amendment this was revised to allow ARC the latitude to approve more colors if
it felt ecmfortable with it.
Section Marie
Call
Glare from Signs. This section was mentioned by 2 members.
Does Marie Callerxier's sign av»ply? Frankly, we don't know in does not have the equipment to make the necessarythat the city
staff is that if we a measurements. The concern of
consistent with how t1 ordi� a light meter, that it be calibrated in a manner
is low appropriate.
is written and that the permitted light level
enough to be appropriate.
Section 25.68.500 Location of Ri t le Signs. On member felt that this
section�Plie� s and was the cause of the
are covered later rrh-smtion 610. problem. Actually, awnings
Section 25.68.520 Maximum Siqn Area Limitations. on member felt that this
section is meaningless and should be deleted or rmeworked. Staff concurs.
Delete it!
Section 25.68.540 dial Permits. This section originally was much broader scope. Staff cut it back to cn1.y apply to grand opening der in
banners. one der er
in
felt that the term "subject to appropriate conditions" should be discussed and
expanded. Staff has no position.
Section 25 enforced
Trade Ccmstructian Signs, one member felt this section was
Marnot being enforced. It is now. In fact we are in receipt of a letter dated
March 6, 1989 from Valley Plumbing Co. suggesting I allow more than one of these signsthat this section be expanded
(see attached letter). The armnittee
should discuss this further.
Section 25.68.600 Lease Potential Signs. One member felt that this section has
not been enforced as often as it Should. If staff doesn't care about it, it
should be deleted. Staff feels that this section along with section 590, land
division signs and the section covering real signs in various zones should
all be looked at in pert to came up with a similar consistent reclu reme t
for each.
4
F
SIGN REVISION SUBCOMMIITPEE
DISQUSSICN OF SUMESTED REVISIONS
Ili 8, 1989
Section 68.610 Signs on Awnings, etc. Here it is and only one member of this
suboc mittee found it. He felt that "the public seems to think they have a
God-given right to have an awning". This section, as worded, says that
awnings, .among other items, may be permitted if located and erected in a manner
satisfactory to the director. Several years ago the policy was changed so that
every awning and its signage would be reviewed by the ARC.
Obviously, this section needs much discussion and revision and expansion.
Section 25.68.630 Signs for Public or Quasi-Public Uses. One member felt this
section lacked enforcement and staff should be educated in it. Staff concurs.
Other issues brought up on the sign tour included:
1. Provision to require that clocks work. f�
2. Elimination of signage from awnings through attrition.
3. City fund sign improvements in some areas.
4. Policy regarding lights outlining buildings.
Steve Smith
Associate Planner
/t
5
CITY OF PALM DESERT
DEPARTMENT OF C13MM]NITY DEVELOPI+IEW
STAFF R�
TO: Planning Commission
DATE: June 20, 1989
CASE NO: ZOA 89-1
REQUEST: Amendment to Sign Ordinance
APPLICANT: City of Palm Desert
BACKGROUND:
April 18, 1989 commission reviewed proposed changes in the sign ordinance. At
the request of the (umber of Commerce the matter was continued to June 20,
1989.
The chamber, while its report is ready, would prefer to present it first to the
subcommittee for discussion. A meeting has tentatively been set for the week
of June 26.
The subcommittee recently met with the city attorney to discuss some recent
changes in state law and how they might affect the proposed amendments.
The city attorney was directed to prepare a report which was not available as
of the writing of this report and, therefore, staff is requesting that the
matter be continued to the meeting of July 5, 1989.
RECOMMENIDATION:
That Case ZOA 89-1 be continued to the July 5, 1989 meeting of the planning
commission in order that the report of the city attorney may be available for
review.
Ae'W-
STEPHEN R. SMITH
ASSOCIATE PLANNER
/tm
CITY OF PALM DESERT
DEPARTMENT OF COMML LAITY DEVELOPbE TP
STAFF REPORT
10: Planning Commission
DATE: August 1, 1989
CASE ND: ZOA 89-1
REQUEST: Amendment to Sign Ordinance
APPLICANT: City of Palm Desert
BACKGROUND:
As indicated previously the Chamber of Commerce, while it's report is ready,
would prefer to discuss it with the subcommittee before the matter goes to
public tearing before planning commission.
Due to vacation scheduling the subcommittee has been unable to meet.
As a result, staff is recommending that this matter be continued to the
planning commission meeting of September 5, 1989.
RECCMMENDATION•
That Case ZOA 89-1 be continued to the September 5, 1989 meeting of the
planning commission in order that the Chammber of Commerce may present it's
report to the sign subcommittee and that the report of the city attorney may be
available for review.
STE;PHEN R. SMITH
ASSOCIATE PLANNER
/trn
73-510 FRED WAKING DRIVE, PALM DESERT,CALIFORNIA 92260
TELEPHONE(619)346-0611
TO: Palm Desert Business Community
FRCr4: City Department of Community Development and Sign Review Subcommittee
DATE: March 16, 1989
SUBJECT: Review of the City's Sign Ordinance and Awning Provisions
As some of you may be aware, the city has undertaken a comprehensive review of
the sign ordinance with awning review receiving added emphasis.
For the purposes of the review we have chosen to separate awning review from
the remainder of the Sign ordinance. The business community is being asked to
review these changes and provide comments.
It is intended that the awning portion of the review be before planning
commission at its April 18, 1989 meeting. Individual businesses and business
groups are invited to comment in writing up to April 10, 1989. Comments, of
course, may be received after that date, however, they will not be included in
the staff report presented to planning commission.
An interim policy on awnings has been established and will be in effect until
adoption of the final revised policy by the city council, which should be
sometime in May, 1989. A copy of the interim policy is attached for your
review and comment.
Comments on the awning policy should be addressed to:
City of Palm Desert
Department of Community Development
Attn: Steve Smith
73-510 Fred Waring Drive
Palm Desert, CA 92260
Proposed revisions to the remainder of the sign ordinance will be forwarded at
a later date for your review and comment.
/tm
1989
COMMUNITY CT IF PALDMtDi Df PARTMEHI
CITY ��F PALM DESERT
--CHAMBER OF COMMERCE
72.990 HIGHWAY 1 T i
PALM DESERT, CALIFORNIA 92260
TELEPHONE: (619) 346-6 1 11
April 3, 1989
TO: Palm Desert Chamber of Commerce Board of Directors and
Business and Economic Development and
Civic Affairs Committees, El Paseo Business Association,
Palm Desert Town Center and Palm Desert, et. al.,
Board of Realtors and Legislative Review Committee
FROM: Daniel L. Ebrler
RE: Interim Policy for Awnings
Dear Friends:
Palm Desert Chamber Director and City Councilman Buford Crites provided the
Board of Directors the enclosed Interim Policy for Awnings for our consideration
and response. This is the first of various additions, modifications and changes to the
City of Palm Desert's Sign Ordinance to be acted upon by the City in the near future.
Would you please review these and notify me of your opinions, suggestions and input
at your earliest convenience? It would be especially helpful to put your recommendations
in writing, as it would assist us in providing a more precise report.
The Chamber's Executive Board and Board of Directors will provide the City
their position. This item will be before the Planning Commission April 18 and will
go to the City Council soon after, most likely in early May.
Your invaluable time and comments are greatly appreciated. Please know that
this process will be utilized as well in the future. These issues will also go through
our committee system as well.
r
IWERIM POLICY FOR a+jamNcs '1� 1r LJ
NUIC H 10, 1989
3 4 1989
CDAIMUhl" DEVELOPMENT DEPARTMENT
CITY 41F PALM DESERT
1. Not every building is entitled to an awning. The awning must be
architecturally compatible with the building.
2. Awnings must be kept in good repair and be clean and non-faded.
3. No awnings allowed which are not substantially attached to buildings (i.e.
no freestanding awnings).
4. Awning lettering, as well as style and colors, must aesthetically blend
with the building.
5. Eight inch (8" ) maximum letter height not to exceed one-third (1/3) of
awning height.
6. Scalloping on bottom of awnings shall not be pronounced.
7. Awnings, where applicable, will contain street numbers four inches (4") in
height.
8. Awnings will not contain phone nuTbers.
9. No straight drop type awnings shall be permitted (i.e. canvas signs).
SRS/tm
-� �',f�-�'� .,per--���� ��-� �� -.-� is:•�'7�c
r
INTEROFFICE NIURA DEN
City of Palm Desert
TO: Sign Revision Subcommittee
FRCW Department of Caumuiity Development
DATE: March 8, 1989
SUBJECT: Discussion of Suggested Revisions Submitted by Members
This report will discuss all of the comments which were made by subcommittee
members, explain what was requested and staff's response to same.
Section 25.68.010 Intent & Purpose. Two people suggested this section should
be revised to more adequately explain the city's policy regarding signs. Such
additions as "minimize visual pollution, minimize use of lighting and minimize
use of contrasting colors" were specifically mentioned.
Staff concurs with these additions and suggests that once the revisions are in
place or perhaps before they are codified that staff and architectural
commission hold a session on getting acquainted with all facets of the sign
ordinance.
Section 25.68.020 'C' Area of Sign: One member felt this section was too
complicated and should be re-written. Staff has not had problems enforcing or
explaining this section. We would like to correct the typo in line 4 and
change "of" to "or".
Section 25.68.020 'J' Freestanding Sign. One member suggested adding
"Pedestal" to this section. This is done as a matter of course by staff. If
we add "pedestal" here, we'll have to define it later.
Section 25.68.020 'T' "Roof Sign" is defined. First members should be aware
that section 25.68.090 Prohibited Signs W lists roof signs. The original
writer of this part of the ordinance must have felt that mansard mounted signs
were not unacceptable in that they specifically provided language which allows
them. Two members questioned whether these signs are appropriate. Staff has
no problem deleting the last four lines of subsection 'T' and the similar line
in subsection 'X' if it is the desire of the subcommittee.
Section 25.68.020 'V' "Sign Face" was mentioned by one member as being
confusing which it is especially when you realize although the term is defined
it is not used elsewhere in the section. Sign area is covered in subsection
'C' . Therefore, this subsection could be removed altogether. Staff would
suggest that where defined terms are used in the text of the ordinance that
they be placed in "italics" or "bolded".
Section 25.68.020 'X' re-enforces the exemption of roof signs on mansards
provided in subsection 'T' . If this provision is eliminated then this section
in subsection 'X' can also be deleted.
SIGN REVISION SLUKXr44rrrM
DISCUSSION OF SLUGESTED REVISIONS
M%RM 8, 1989
Section 25.68.030 Sign Permit Procedure was commented on by one member as
"never followed". Actually it is followed by the vast majority of businesses.
The exceptions to the rule tend to stand out in our minds.
Concomitant with this procedure section is section 25.68.070 "Double Permit
Fee." The same member felt the fee was much too low for those who violated the
procedure. The city attorney advised in the past that the penalty could only
reflect the actual amount of extra worn[ necessitated by failing to follow the
procedures.
Section 25.68.030, Subsection 'I' should be added requiring written approval
from the property owner prior to submittal to the city. Staff concurs.
Section 25.68.040 Sign Integration Requirement. One member felt that this
should be mandatory reading for applicants. Staff concurs and would suggest
that a one page handout be written covering size, color, compatibility,
integration, purpose, etc.
Section 25.68.050 Adjustments uses the term "zoning administrator" which is not
used elsewhere on this section. Actually this term is defined elsewhere in the
zoning ordinance and used for adjustments so the term is internally consistent.
Staff suggests no change.
Section 25.68.100 Abatement of Illegal Signs. One member questioned the
appropriateness of the director of community development enforcing this
section. This matter should be discussed more with the subcommittee.
Section 25.68.120 Permitted Signs - Purpose. One member felt that this is an
important section which should be brought to the attention of applicants.
Staff concurs--it will be part of the handout.
Section 25.68.130 Realty Signs. One member felt that these signs should be
standardized, at least the "for rent" signs which appear to be up perpetually.
This issue should be discussed by the committee.
Section 25.68.150 Open House Signs. one member felt additional education of
real estate people was necessary in order to obtain better compliance. Staff
concurs.
Section 25.68.170 Other Signs. One member suggested alarm company signs should
be added to this section. Staff concurs.
Section 25.68.230 Freestanding Signs. Freestanding signs are presently limited
to 10 feet in height. One member felt this was too high. This should be
discussed by the cc mittee. Staff could see a six (6) foot height limit.
2
SIGN REVISION SUHCOMMEE
DISQ?SSION OF SUt3GESTED REVISIONS
MUZM 8, 1989
Section 25.68.260 One Sign per Complex. One member felt this section should be
followed more closely. Staff concurs and will emphasize it in the handout.
Section 25.68.290 Alternate Sign Area Allocation for Small Commercial
Cbmplexes. One member felt that this section encouraged menu signs. Actually,
this section is not the offending section. This section is used on buildings
designed with a breezeway and tenants fronting on the breezeway. Those tenants
without street or parking lot frontage are normally not allocated any sign
area. This section allows the property owner to withhold some of the area
normally allocated to the tenants frcnting on a street in favor of the non-
street fronting tenant. This section is seldom used.
The offending sections regarding menu signs are 25.68.310 "for tenant
identification" and section 25.68.390 "to identify the shopping center,
supping area or businesses".
If it is the committee's wish to eliminate "menu signs" then these sections
should be amended accordingly. .
Section 25.68.300 Height - Wall Signs will need to be amended if we are to
eliminate parapet or mansard-mounted signs.
Section 25.68.310 Freestanding Signs. One member questioned the "necessity"
provision regarding the "Lucky's" sign. Actually, a second section 25.68.390
covers shopping centers and was used for the Lucky's sign. This section has no
requirement that necessity be demonstrated.
In reality, section 25.68.310 is used very rarely, perhaps due to its necessity
clause.
The committee should discuss if it wishes to tighten up section 390.
Section 25.68.320 Second Story Businesses. One member felt that the permitted
location for these signs should be more closely controlled. Staff will need
more direction if this is the desire of the subcommittee.
Section 25.68.430 - Design Review Board Process. One member felt this section
should be more strictly adhered to and require sign programs to be submitted
early in the process. In addition, this section should be updated to change it
to ARC (architectural review commission) versus DRB (design review board), etc.
Before it is amended the subcommittee should discuss it more fully because
architects are the ones who most consistently seek waivers because their
clients haven't begun to think about signs.
3
SIGN REVISICN SUBO"UTI'EE
DISCUSSIC N OF SUOGEi STED REVISICPS
MARCH 8, 1989
Section 25.68.440 Sign Review Criteria. One member felt that the term
"compatible" as used in this section should be discussed.
Section 25.68.470 Proper Maintenance of Signs. One member asked if this
question could apply to awnings. Staff feels that awnings with signs would be
covered by this section. However, how effective the city could be in enforcing
it may be another matter.
Section 25.68.480 Sign Colors. One member felt the number of colors should be
limited. While another wondered if we should establish a list of acceptable
colors. Until 1981 the number of colors in a sign was limited to 3. In a 1981
amendment this was revised to allow ARC the latitude to approve more colors if
it felt comfortable with it.
Section 25.68.490 Glare from Signs. This section was mentioned by 2 members.
Does Marie Callender's sign comply? Frankly, we don't know in that the city
does not have the equipment to make the necessary measurements. The concern of
staff is that if we acquire a light meter, that it be calibrated in a manner
consistent with how the ordinance is written and that the permitted light level
is low enough to be appropriate.
Section 25.68.500 Location of Right Angle Signs. On member felt that this
section applied to awnings and was the cause of the problem. Actually, awnings
are covered later in subsection 610.
Section 25.68.520 Maximum Sign Area Limitations. On member felt that this
section is meaningless and should be deleted or reworked. Staff concurs.
Delete it!
Section 25.68.540 Special Permits. This section originally was much broader in
scope. Staff cut it back to only apply to grand opening banners. Cne member
felt that the term "subject to appropriate conditions" should be discussed and
expanded. Staff has no position.
Section 25.68.570 Trade Construction Signs. One member felt this section was
not being enforced. It is now. In fact we are in receipt of a letter dated
March 6, 1989 from Valley Plumbing Co. suggesting that this section be expanded
to allow more than one of these signs (see attached letter). The committee
should discuss this further.
Section 25.68.600 Lease Potential Signs. One member felt that this section has
not been enforced as often as it should. If staff doesn't care about it, it
should be deleted. Staff feels that this section along with section 590, land
division signs and the section covering realty signs in various zones should
all be looked at in concert to come up with a similar consistent requirement
for each.
4
SIGN REVISION SUBQD1IITTFE
DISCUSSION OF SUGC� REVISIONS
MARCH 8, 1989
Section 68.610 Signs on Awnings, etc. Here it is and only one member of this
subcommittee ittee found it. He felt that "the public seems to think they have a
God-given right to have an awning". This section, as worded, says that
awnings, among other items, may be permitted if located and erected in a manner
satisfactory to the director. Several years ago the policy was changed so that
every awning and its signage would be reviewed by the ARC.
Obviously, this section needs much discussion and revision and expansion.
Section 25.68.630 Signs for Public or Quasi-Public Uses. One member felt this
section lacked enforcement and staff should be educated in it. Staff concurs.
Other issues brought up on the sign tour included:
1. Provision to require that clocks work.
2. Elimination of signage from awnings through attrition.
3. City fund sign improvements in some areas.
4. Policy regarding lights outlining buildings.
Steve Smith
Associate Planner
/tm
5
INDIO- (619) 347-3629
2
PALM SPRINGS-(619) 345-2691
-f
Uaffey P IUMling l.0.
P. O. BOX 665
INDIO, CALIFORNIA 92201
City of Palm Desert MAR 61989
PalmlDesert,Waring Dr.Ca 92260 CDMMWNar
01"Y EVEIOPMENI DEPARlfdENT
March 2, 1989 ` RALM DESERT
Att: Stephan Smith-Planning Dept.
Dear Mr. Smith
Just a thought for your review, concerning trade construction signs.
After reviewing the current ordinance 25.68.570 sq. ft. it seems over -
limiting. One 18"x18"or a 3 square foot sign on a 20,000 sq. ft. project
does not allow for many trades to advertise. A group of contractors change
from one job to the next and making a new sign for every job is not
practical.
I agree that no one adjacent to a construction project wants to look
at something that resembles a political compaign headquarters but there
should be some wav to allow individual contractors to d_isp].ay their signs.
Perhaps if the signs were consolidated to one area on the site and limited
to a reasonable but legible size. Also mounting them in an orderly manner
would keep the site looking neat and clean. See attached example.
A construction sight in itself is not always a pleasant thing to
look at. A nice sign arrangement would not seem to worsen the appearance
of the sight-site. It may even divert attention to a more pleasant thing
to look at.
I hope this will help you on your up coming re-evaluation of the
ordinance. Also thank you for your time at the counter Tues. 2/28/89.
SKFer
y,
ud, Jr.
RFJ:rk
KOHLER of KOHL£R • AMERICAN STANDARD
AMEND M #1
Friday, March 10, 1989, staff and the two council representatives of this
subcommittee toured the commercial area to specifically review awnings and
signage. The basic feeling being that while this review is underway we don't
want any ill-suited awnings to slip through. Therefore, council has called up
all awning approvals.
As a result of the March 10, 1989 tour an interim policy on awnings has been
established. Staff and the architectural review commission will be able to
review awnings meeting the interim criteria. Those that do not comply with the
provisions of the interim policy will be reviewed by the city council (copy of
policy attached).
/tm
IWERIM POLICY FOR A MM
Mubm 10, 1989
1. Not every building is entitled to an awning. The awning must be
architecturally compatible with the building.
2. Awnings must be kept in good repair and be clean and non-faded.
3. No awnings allowed which are not substantially attached to buildings (i.e.
no freestanding awnings).
4. Awning lettering, as well as style and colors, must aesthetically blend
with the building.
5. Eight inch (8" ) maximum letter height not to exceed one-third (1/3) of
awning height.
6. Scalloping on bottom of awnings shall not be pronounced.
7. Awnings, where applicable, will contain street numbers four inches (4") in
height.
8. Awnings will not contain phone numbers.
9. No straight drop type awnings shall be permitted (i.e. canvas signs).
SRS/tm
73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260
TELEPHONE(619)346-0611
TO: Palm Desert Business amity
FROM: City Department of Cmmminity Development and Sign Review Subcommittee
DATE: March 16, 1989
SUBJE=: Review of the City's Sign Ordinance and Awning Provisions
AS some of you may be aware, the city has undertaken a wive review of
the sign ordinance with awning review receiving added emphasis.
For the purposes of the review we have chosen to separate awning review from
the remainder of the sign ordinance. The business cammmity is being asked to
review these changes and provide comments.
It is intended that the awning portion of the review be before planning
commission at its April 18, 1989 meeting, individual businesses and business
groups are invited to comment in writing up to April 10, 1989. Camwnts, of
course, may be received after that date, however, they will not be included in
the staff report presented to planning camnissicn.
An interim policy on awnings has been established and will be in effect until
adoption of the final revised policy by the city council, which should be
samtime in May, 1989. A copy of the interim policy is attached for your
review and comment.
Comments on the awning policy should be addressed to:
City of Palm Desert
Department of Ccmmnity Development
Attn: Steve Smith
73-510 Fred Waring Drive
Palm Desert, CA 92260
Proposed revisions to the remainder of the sign ordinance will be forwarded at
a later date for your review and comment.
/tm
nMEx124 PCLIC r FOR Af1IL1S
MRM 10, 1989
1. Not every building is entitled to an awning. The awning must be
architecturally oarpatible with the building.
2. Awnings must be kept in good repair and be clean and non-faded.
3. No awnings allowed which are not substantially attached to buildings (i.e.
no freestanding awnings).
4. Awning lettering, as well as style and colors, must aesthetically blend
with the building.
5. Eight inch (8") maximum letter height not to exceed one-third (1/3) of
awning height.
6. Scalloping on bottom of awnings shall not be pronounced.
7. Awnings, where applicable, will contain street numbers four inches (4") in
height.
8. Awnings will not contain phone numbers.
9. No straight drop type awnings shall be permitted (i.e. canvas signs).
SRS/tm
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73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
April 4, 1989
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 89-1
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm
Desert Planning Commission to consider amendments to the sign ordinance,
Section 68, as it applies to signs and awnings.
SAID public hearing will be held on Tuesday, April 18, 1989, at 7:00 p.m. in
the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive,
Palm Desert, California, at which time and place all interested persons are
invited to attend and be heard. If you challenge the proposed actions in
court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written
correspondence delivered to the planning commission (or city council ) at, or
prior to, the public hearing.
PUBLISH: Desert Post RAMON A. DIAZ, Secretary
Friday, April 7, 1989 Palm Desert Planning Commission
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