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Home My WebLink AboutZOA REVISED SIGNS ORD NO 129 1977 i INTEROFFICE MEMORANDUM City of Palm Desert TO: Honorable Mayor and Members of the City Council FROM: Secretary of the Planning Commission SUBJECT: Planning Commission Review of the DATE: February 18, 1977 Proposed Revisions to the Sign Ordinance as specified in Ordinance 129 Pursuant to State Law, the Planning Commission at their regularly scheduled meeting of February 15th, did review the proposed revisions to the Sign Or- dinance embodied in Ordinance 129 which had a First Reading at the regularly scheduled Council meeting of February loth. This review was for the purpose of providing any additional input to the Council on those items which were not previously discussed during the Public Hearings on the Sign Ordinance by the Planning Commission. In review of the proposed revisions to the Sign Ordinance, the Commission by unanimous minute motion did direct me as Secretary to the Planning Commission to notify the Council that the Planning Commission agrees in total with the proposed revisions to the Sign Ordinance as specified in Ordinance 129 which had a First Reading on February loth. PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION cc: Sign Ordinance File Attachment: Revised Sign Ordinance Ordinance 129 PAW/mJ ORDINANCE 129 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING ARTICLE 25. 38, CHAPTER 25, OF THE PALM DESERT MUNICIPAL CODE, KNOWN AS THE SIGN ORDINANCE AND AMENDING SECTION 25.39-2. 10. CASE NO. ZOA 02-76 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1: Section 25. 38 of Ordinance 99 is hereby repealed. SECTION 2: Ordinance 18 is hereby repealed. SECTION 3: Those references to signs in Ordinance 31 are hereby deleted. SECTION 4: Section 25. 38 of Ordinance 99 is hereby added to read as is more specifically stated in Exhibit 'A' dated December 14, 1976, as revised by Exhibit 'B' , attached hereto and made a part thereof. SECTION 5: Section 25.39-2. 10 of Ordinance 99 is hereby repealed. SECTION 6: Section 25.39-2. 10 of Ordinance 99 is hereby added to read as follows: 25.39-1. 10 Delegation of Authority ' The ORB may, at its discretion, authorize the Director of 7nvironmental Services to approve or cause to be modified, sign applications not exceeding $1,000 in value, exterior remodelings not exceeding $2,500 in value, and proposed additions to commercial buildings not exceeding a change or increase in 25% of the total square footage. SECTION 7: The City Clerk of the City of Palm Desert, California, is hereby directed to cause this Ordinance to be published within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California, and the same shall be in force and effect thirty (30) days after adoption. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert City Council , held on this day of February, 1977, by the following vote, to wit: I ! AYES: NOES: ABSENT: ABSTAIN: -1- Ordinance 129 BRUSH, MAYOR ATTEST: SHEILA R. GILLIGAN, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA i.`.J -2- ARTICLE 25. 38 PALM DESERT MUNICIPAL CODE THE SIGN ORDINANCE EXHIBIT 'A' Revised: December 14, 1976 Adopted: ORDINANCE. 129 i TABLE OF CONTENTS Page ARTICLE 25. 38-1 INTE14T AND PURPOSE 25.38 ( 1) ARTICLE 25. 38-2 DEFINITIONS 25.38 (1) ARTICLE 25.38-3 SIGN PERMIT PROCEDURES 25.38 (4) 25. 38-3.01 Three Copies of a Plan Showing 25.38 (4) 25.38-3.02 Sign Integration Requirement 25.38 (5) 25. 38-3.03 Adjustments 25.38 (5) 25. 38-3.04 Permit Record Requirement 25.38 (5) 25. 38-3.05 Double Permit Fee 25.38 (5) ARTICLE 25.38-4 EXCEPTIONS TO SIGN PERMIT PROCEDURES 25.38 (5) ARTICLE 25.38-5 PROHIBITED SIGNS 25.38 (6) ARTICLE 25.38-6 ABATEMENT OF ILLEGAL SIGNS 25.38 (7) ARTICLE 25.38-7 RESERVED 25.38 (8) ARTICLE 25.38-8 SAFE SIGNS 25.38 (9) ARTICLE 25.38-9 PERMITTED SIGNS - PURPOSE 25.38 (9) . ARTICLE 25.38-10 SIGNS IN SINGLE FAMILY ZONES 25.38 (9) ARTICLE 25. 38-11 SIGNS IN RESIDENTIAL ZONES OTHER THAN 25.38 (10) SINGLE FAMILY ARTICLE 25. 38-12 SIGNS IN COMMERCIAL AND INDUSTRIAL 25.38 (12) ZONES ARTICLE 25.38-13 SIGNS IN RM ZONES 25.38 (16) ARTICLE 25.38-14 -RESERVED 25.38 (16) ARTICLE 25.38-15 RESERVED 25.38 (16) ARTICLE 25.38-16 GENERAL PROVISIONS 25.38 (16) 25.38-16.01 Design Review Board Process 25.38 (16) 25.38-16.02 Sign Review Criteria 25.38 (17) 25. 38-16.03 Signs Facing Private Property Prohibited 25.38 (17) 25. 38-16.04 Required Information on Signs 25.38 (17) 25. 38-16.05 Proper Maintenance of Signs 25.38 ( 18) 25.38-16.06 Number of Colors Allowed 25.38 ( 18) 25.38-16.07 RESERVED 25.38 (18) 25. 38-16.08 Glare from Signs 25.38 ( 18) 25.38-16.09 Location of Right Angle Signs 25.38 (18) 25.38-16. 10 Obstruction of Passage 25.38 (I.8) 25.38-16. 11 Maximum Sign Area Limitation 25.38 (18) 25. 38-16. 12 Exceptions to Sign Limitations 25.38 ( 18) 25.38-16. 13 Special Permits 25.38 ( 19) 25. 38-16. 14 Imitation of Traffic Signal 25.38 (19) 25.38-16. 15 Overhead Electric Conductors 25.38 (19) i CONTENTS (continued) Page ARTICLE 25..38-17 SPECIAL PURPOSE SIGNS, 25. 38 (19) 25.38-17.01 Trade Construction Signs 25.38 (19) 25. 38-17.02 "No Trespassing" Signs 25.38 ( 19) 25.38-17.03 Land Subdivision Signs 25, 38 (20) 25.38-17.04 Lease Potential Signs 25. 38 (20) 25.38-17.05 Signs on Awnings , Etc. 25. 38 (20) 25.38-17.06 Political Sign Regulations 25.38 (20) 25.38-17.07 Signs for Public or Quasi-Public Uses 25.38 (21) ARTICLE 25.38-18 ENFORCEMENT 25.38 (21) 25.38-18.01 Territorial Application of Ordinance 25.38 (21) 25.38-18.02 Duty to Enforce Ordinance 25.38 (21) 25.38-18.03 Compliance with Ordinance: 25.38 (22) Nuisance Abatement 25.38-18.04 Removal and Amortization Period 25.38 (22) 25,38-18.05 Amortization Schedule I 25.38 (22) 25.38-18,06 Amortization Schedule II .25. 38 (23) 25.38-18.07 Removal of Non-Conforming Signs Program 25. 38 (24) 25.38-18.08 Ad Hoc Sign Amortization Committee 25. 38 (25) 25. 38-18.09 Uncertainty of Article Provisions 25.38 (26) ARTICLE 25.38-19 EXCEPTIONS PROCESS 25.38 (26) ARTICLE 25.38-20 DISCONTINUANCE OF A BUSINESS 25.38 (27) ARTICLE 25.38-21 NON-CONFORMING SIGNS MAINTENANCE 25.38 (27) ARTICLE 25.38-22 PENALTIES 25.38 (27) ii ARTICLE 25. 38 SIGNS 25.38-1 INTENT AND PURPOSE This article is intended to implement the goals and policies of the General Plan particularly with regard to developing a City that is visually attrac- tive and preserving and enhancing the visual aspects of the City's streets and highways. This article is also intended to provide for a more orderly presentation of advertising displays and identification on properties with- in the City of Palm Desert which are zoned convnercial , industrial , and re- sidential ; to bring those devices in harmony with the building, the neigh- borhood, 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, de- sign, quality of materials, illumination, and maintenance of signs and sign structures. 25.38-2 DEFINITIONS 25.38-2.01 Sign A sign shall mean any thing of visual appearance primarily used for, or having the effect of, attracting attention from the streets, sidewalks or other outside public areas for identification purposes. A sign shall not mean displays of merchandise or products for sale on the premises, or signs, inside buildings except when less than three (3) feet behind a win- dow and facing public view, or ornamentation, design, statuary, architec- ture, landscaping, pictures, paintings or other such art forms unless, in the case of any exceptions listed in this Section, the attraction, because of locations, size, use or the nature thereof, has, the substan- tial effect of attracting attention for identification purposes when viewed from an outside public area. The basic intent behind this defini- tion is not to discourage product displays, design or art forms epito- mizing simplicity, good taste and compatibility with the community' s desired image. 25.38-2.02 Advertising Device Any balloon, flag, pennant, propeller, oscillating, rotating, pulsating, light, or other contrivance except a sign used to attract attention for the purpose of promoting (either directly or indirectly) , the sale of products of any person. 25.38-2.03 Advertising Display Any device, contrivance, statue or structure other than a sign used as a display, regardless of size and shape, for the purposes of attracting attention or making anything known, the origin or place of sale of which is on the property with such advertising display. 25. 38-2.04 Area of a Sign The area of a sign shall be within a single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. In the case of a sign designed with more than one exterior surface, the 25.38 (1) area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports, uprights, or structure on which any such sign is supported shall not be included in determining the sign area unless such supports, uprights, or structures are or is designed in such a manner as to form an integral background of the display. 25.38-2.05 Building In addition to its common meaning, a building shall include any struc- ture requiring a building permit. 25.38-2.06 Business Sign A sign displaying information pertaining to .goods or services offered or produced by the business located on the property, but not including advertising devices or advertising displays. 25. 38-2.07 Combination Sign Any sign incorporating any combination of the features of freestanding, projecting and roof signs. 25.38-2.08 Construction Sign A temporary sign stating the names of those individuals or firms directly connected with the construction or development project, their addresses and their telephone numbers. 25.38-2.09 Externally Lighted Sign A sign whose immediate source of illumination is not enclosed by the surface of the sign structure. 25. 38-2. 10 Free Standing Sign A sign supported by uprights or braces placed upon or into .the ground and detached from any building. 25.38-2. 11 Height of a Sign The greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign. 25.38-2. 12 Identification Sign A sign limited to the identifying name- , symbol or insignia, or any com- bination thereof, of a building, use, or persons occupying the premises on which the sign is located. 25.384. 13 Internally Lighted Sign A sign with an. immediate source of illumination that is completely en- closed by the surface of •the sign structure. 25. 38 (2) 25. 38-2. 14 Name Plate A sign not exceeding one (1) foot by three (3) feet signifying only the name of the occupant and his occupation or speciality. 25.38-2. 15 Outdoor Advertising Structure or Sign A sign placed for the purpose of advertising products or services that are not produced, stored, or sold on the property upon which the sign is located. 25.38-2. 16 Price Sign A sign limited to the name or identification of items or products of- fered for sale on the premises, and the price of said items or products. 25.38-2. 17 Projecting Sign A sign other than a wall sign suspended from or supported by a building or structure and projecting outward therefrom. 25.38-2. 18 Real Estate Sign A temporary sign advertising the sale, lease, or rent of the property upon which it is located, and the identification of the person or firm handling such sale, lease, or rent. 25.38-2. 19 Roof Sign 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 of a parapet wall shall be considered the cave line. The lowest point of a mansard style roof shall be con- sidered the cave line. Where a parapet wall is combined with a mansard roof, the cave line shall be the top of the parapet. 25.38-2.20 Sign Face 'The surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered as such together with the frame and the background.• 25. 38-2.21 Wall Siqn 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 cave line. The top of a para- pet ball shall be considered the cave line. The lowest part of a man- sard style roof shall be considered the cave line. Where a parapet wall is combined with a mansard roof, the cave line shall be the top of the parapet. 25.38-2.22 Face or Wall of Building The face or wall of a building shall mean the outer surface of any main exterior wall or foundation of a building, including windows and store fronts. 25.38 (3) 25. 38-2.23 Political Signs Political signs shall mean any sign concerning candidates for political office or involving a ballot issue. 25.38-2.24 RESERVED 25.38-2.25 Vehicle Mlated Portable Free-Standing Signs A vehicle related portable free-standing sign shall mean portable signs affixed to a vehicle for the purpose of directing people to a business in close proximity to where the vehicle is parked. 25.38-3 SIGN PERMIT PROCEDURE It shall be unlawful for any person to erect, alter, or to permit the erection or alteration of a sign, including painted signs, unless other- wise excepted by this Article, a sign upon any property without first obtaining a written sign permit from the Department of Environmental Services. Signs exceeding $1,000 in value shall be reviewed through the Design Review Board Process as specified in Section 25.39-2 inclusive. Application for such permit shall be made on a form provided by the De- partment of Environmental Services and shall be accompanied by a fee as established by Council Resolution. The application shall set forth and contain the following information and material: 25.38-3.01 Three Copies of a Plan Showing: (1) The location and size of any building or structures on the property, in the control of the applicant, both existing and proposed; (2) The location of off-street parking facilities, including major points of entry and exit for motor vehicles where directional signs may be proposed; (3) The position of the proposed sign and its relation to adjacent buildings and structures under the control of the applicant; (4) The design and size, colors proposed, and proposed location of the sign or sign structure on the property, under the control of the applicant; (5) The method of attachment to any structure; (6) A statement showing sizes and dimensions of all other signs existing on the property, under the control of the applicant. (7) A statement showing the size and color relationships of such sign or sign structure to the appearance and design of existing or pro- posed buildings and structures on the property. 25.38 (4) Environmental Services (8) Such other information as the Department of Environme may reasonably require to secure compliance with this Article and 4 the Ordinances of the City. t 25.38-3.02 Sign Integration Requirement: Signs on all proposed buildings or new additions to existing buildings shall be designed as an integral part of the total building design. 25.38-3.03 Adjustments i i The Zoning Administrator for either new or existing signs, may grant slight adjustments to sign colors or authorize deviations from sign area or distance between signs not to exceed twenty percent (20q) , and on sloping roofs the allowance roof signs not to extend above the ridge line, for existing buildings only, upon a finding that the con- ' rescribed in the Palm Desert Zoning ditions for variance exist as p Ordinance and as further set forth herein, when it is determined that no other possible, reasonable method of signs is available. 25.38-3.04 Permit Record Requirement The Department of Environmental Services shall keep a copy and per- manent record of each sign permit issued. Each copy shall show the permit number. The permittee shall be required to exhibit the permit at all times in a place satisfactory to the Director of Environmental Services. 25.38-3.05 Double Permit Fee The applicable fee for a sign permit shall be doubled when the instal- lation of a sign is commenced before obtaining a permit therefore. 25.38-4 EXCEPTIONS TO SIGN PERMIT PROCEDURES The following signs', if not illuminated, shall be allowed on all com- mercial , industrial , and residential zoned property without a sign per- mit being required: 25.38-4.01 One ( 1) Identification Sign Not exceeding one (1) square foot in area, and displaying only the name and address of the owner or occupant. 25.38-4.02 Directional or Safety Signs As required, provided that: (1) Each such sign has first been reviewed and approved by the Design Review Board and/or the _Director of Environmental Services; and (2) Such signs do not exceed three (3) square feet per face. 25.38-4.03 Emblems, (1) Emblems or Flags of Non-Profit Organizations - As required, pro- a vided that each has first received approval by the Design Review Board and/or the Director of Environmental Services. 25.3B (5) 25. 38-4.04 Religious, Charitable, Educa� k)nal , or. Cultural Posters Not exceeding sixteen ( 16) square feet in area, and temporary in nature. 25,38-4.05 Governmental or Other Legally Required Posters , Notices , or Signs 25. 38-4.06 Utility or Telephone Pay Station Signs 25.38-5 PROHIBITED SIGNS Except for those signs allowed under the provisions of Section 25. 38-16. 13, Special Permits, the following signs are prohibited in the City: 25. 38-5.01 Rotating, Moving, Flashing, Changing, Re- fle— cting, or BIinkin�igns Prohibited Signs which rotate, move, flash, reflect, blink, or appear to do any of the foregoing including search lights, shall be prohibited unless required by law or utilized by a proper goveinImental agency, with the exception of approved time and temperature displays. 25, 38-5.02 Signs on Public Property or Right-of-Way Prohibited Signs on public property, in the public right-of-way, or on public utility poles shall be prohibited unless otherwise authorized by this Article. Signs prohibited shall include, but not be limited to realtor, open house, and garage sale signs. This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle identi- #ication signs. 25, 38-5,03 Sins Not Advertisinq the Use, Nairn? of Owner, Products, or Services Available on the Premises Prohibited Any permanent sign which does not advertise, without reference to prices, a use being made on the premises , name of the owner or user, or which does not advertise a product, an interest, service, or entertainment available on the premises shall be prohibited. 25. 38-5.04 Temporary or Portable Free Standing Signs Except as otherwise provided herein. 25. 38-5.05. Advertising Devices 25.38-5.06 Advertising Displays Outside of buildings. 25.38-5.07 Combination Signs 25.38-5.08 Roof Signs 25.38- (6) .25.38-6 ABATEMENT Or ILLEGAL SIGNS The Director of Environmental Services shall see that this Ordinance is en- forced. He shall not permit, and shall abate, any sign within the City which fails to meet -the requirements of this Ordinance or other applicable . law. The Director of Environmental Services, or his authorized representative, shall remove any temporary sign for which a sign permit has not been ob- tained as required by this Ordinance. The Director of Environmental Ser- vices, 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 said illegal sign shall be removed within ten ( 10) days. Upon receipt of this notice, the owner or user of a permanent sign that is deter- mined to be illegal does have the right to appeal the decision or notice within ten (10) ,days thereafter to the City Council pursuant to the pro- visions of the Public Nuisance Abatement Ordinance No. 24. t 25. 38 (7) 25.38-7 RESERVED i n I 25.38 (8) 25.38-8 SAFE SIGNS The City Council shall adopt, by Ordinance, a set of rules and regulations to . guarantee that all signs arc safely constructed. These rules and regulations shall be made available to the public. The Building Official shall see that all signs within the City meet the safety requirements promulgated in the rules and regulations. 25.38-9 PERMJTTED 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 Article. The number and area of signs as outlined in this Article 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 pro- perty, as well as the surrounding community. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval . 25.38-10 SIGNS IN SINGLE FAMILY ZONES 25.39-10.01 Rezlty Signs During a period of time when realty is offered for sale or rent, a sign so indicating, but not exceeding three (3) square feet in area or four (4) feet in height, may be located .on the property. No real estate signs shall be located on a roof, project from a building face, or move in any manner. Any such signs shall be removed upon the rental of the property, or upon the completion of escrow. After the effective date of this Sec- tion, no person engaged in the real estate business as a broker, sales- man, or otherwise, shall use or place signs on property being offered for sale or lease unless said sign program has first received approval from the Director of Environmental Services. Prior to requesting approv- al of any real estate signs, evidence of a valid City business license shall be provided. In addition, one (1) rider, not to exceed five (5) inches by sixteen (16) inches, may be installed at the bottom of any ap- proved real estate sign. 25.38-10.02 Name Plates Each dwelling is permitted one nameplate indicating any one (1) or more of the following: the name of the occupant, the occupation, or the street ad- dress of the residence. Said sign shall not exceed one (1) square foot in area and if located on a pole, no part of the sign or pole should be more than four (4) feet above ground level . 25.38-10.03 Open House Signs During the period under which real estate is offered for sale or lease and while a salesperson is physically present on the premises, a sign indicating open house shall be permitted. Said sign shall not exceed three (3) square feet in area; and if located on a pole, no part of the sign or pole shall ex- ceed four (4) feet above ground level . One ( 1) off-site directional sign may be permitted for an open house subject to the following provisions: (1) shall not exceed three (3) square feet; (2) no flags or banners shall be used; 3) to be located on private property only; (4) limited to one (1) sign only, 25.38 (9) 25. 38-10.04 Signs for Special Events One ( 1) unlighted sign shall be permitted for special events such as garage sales , patio sales, .block parties, or similar events. Said sign shall not exceed three (3) square feet in area or four (4) feet in height. 25.38-10.05 Other Signs No other signs shall be erected or maintained in any single family zone, as established by the Zoning Ordinance, except for those signs specifically authorized by the Design Review Board Process. Any such sign so authorized shall be necessary to preserve a legal right or serve an enonomic need and shall not be deemed likely to cause undue detriment to surrounding uses or the economic values of the surrounding properties. Signs so authorized shall be located and erected in a manner satisfactory to the Director of Environmental Services or his authorized representa- tive. 25.38-11 SIGNS IN RESIDENTIAL ZONES OTHER THAN SINGLE FAMILY The predominant idea in authorizing signs in the other residential zones is to strive for a one sign complex to eliminate clutter and to promote compa- tibility, proportion, simplicity, and sign effectiveness. 25.38-11.01 Sign Area - Hotels & Apartments There shall be a basis; allowable sign area of ten (10) square feet, plus one (1) additional square foot of sign area for each two (2) separate rental units to be encompassed in one sign with a maximum of fifty (50) square feet in area. A separate rental unit as used herein shall mean each room or combination of rooms for which a separate lodging charge is made. Such signs shall include in their design layout, all accessory service signs. Accessory signs shall be prohibited unless designed in conjunction with or made an integral part of the principle sign. Cri- teria to be used in designing and locating these signs shall be those of proportion, simplicity, utility, and compatibility with surrounding uses and development. In addition, for hotels the wording on the signs shall be limited to the extend that the word "motel" shall not be per- mitted. Only the words "hotel , lodge, inn, motor inn, or chalet" shall be acceptable. 25.38-11.02 Sin Area - Condominiums There shall be a basic allowable sign area of ten (10) square feet plus one (1) additional square foot of sign area for every ten ( 10) units to be encompassed in one ( 1) sign for each main entrance with a maximum of fifty (50) square feet in area. As an alternative, two signs located one on each side of the entry, not to exceed fifteen ( 15) square feet may be permitted. Said sign shall be displayed at the main entrance and shall only depict the name of the complex. Permanent signs within the complex shall be approved by the Design Review Board Process, but no interior sign shall be larger than six (6) square feet. 25.38 (10) 25.38-11.03 Sign Area - Other Non-Residential Uses Allowed One (1) externally lighted or unlighted identification sign not ex- ceeding twenty (20) square feet in area shall be permitted for autho- rized uses, such as churches, day care centers, private clubs, restau- rants, and the like. Authorized commercial uses shall be permitted: One (1) externally lighted or unlighted identification sign not ex- ceeding three (3) square feet in area or four (4) feet in height. 25. 38-11.04 Use of Attraction Boards for Hotels An attraction board may be included in the design and allowable sign area for a hotel or apartment house, subject to its location and design being approved as provided herein. A. The attraction board shall be designed and located so that it is made an integral part of the principle sign. B. If the principle sign is designed and located on a building or in such a. manner that an attached attraction board sign would detract from the appearance of said sign, a detached attraction board sign shall be allowed, provided: (a) That the siz.: of the detached attraction board sign shall be counted as part of the total allowable sign area. (b) That the maximum allowed size for a detached attraction board sign shall be five (5) square feet per face. (c) The name of the hotel cannot be indicated on the detached attraction board sign. C. An appropriate combination of the following information shall be allowed on an attraction board sign: (a) "Summer Rate" (•f) Air Conditioning (b) Vacancy (g) Continental Breakfast (c) Credit Cards (h) Welcoming Conventions (d) TV, Color TV (i ) Any other information as approved by (e) Pools, Therapy Pools the Director- of Environmental Services D. Rate Signs - In addition to the other sign usage authorized herein, actual rates or prices on rentals or, other accommodations may be in- dicated by a single sign or attraction board not to exceed eighteen B8) inches by twenty-four (24) inches located no closer than one ) foot on the inside of a window when facing public view in letters and numbers not to exceed three quarters (3/4) of an inch in height. The intent of this Section is to limit the use of hotel rate signs solely to the manner provided herein , including the restriction of rate signs that: attempt to gain an unfair advantage over competition by the use of a business name which, in letters and/or figures, sug- gest a rate. All such signs authorized herein shall also comply, where compatible, with the provisions of Article 3, Chapter 1, Part 3, 25. 38 (11) F Division 7 (Section 17560, et seq) of the California Business and Profes- sions Code. Ai ;uch sign which fails to compl -ith the provisions of this Section shall constitute a public nuisance and be abated as such. I 25.38-11.05 Free Standing Signs Except for otherwise specified height limitations, free standing signs shall not be located on the public right-of-way and shall not exceed ten (10) feet in height or the height of the adjacent building, whichever is less. 25. 38-11.06 Double Frontage Lots All the sign area allowed in Sections 25.38-11 inclusive shall be allowed on the main frontages for double frontage streets generally parallel with each other pro- vided that the same use of property extends completely through from street to street and the area of a sign allowed on the secondary frontage shall not exceed twenty- five percent (25%) of the main entitlement for identification purposes only. I 25.38-11.07 Sale and Rental Signs ` Uses in Residential Zones other than Single Family Zones shall be authorized one (1) for sale or rent sign while the property is actually for sale or rent. These signs shall not exceed three (3) square feet in area or four (4) feet in height; and shall be designed and located in a manner satisfactory to the Director of En- vironmental Services. All such signs shall be removed upon the rental of the pro- perty or upon completion of escrow, or within thirty (30) days of opening of es- crow, whichever occurs first. In addition , one (1) rider not to exceed five (5) inches by sixteen ( 16) inches, may be installed at the bottom of any approved real estate sign. E 25.38-12 SIGNS I1\' COMIMIERCIAL AND INDUSTRIAL ZONES The predominant idea in authorizing signs in the commercial and industrial zones is to strive for one (1) sign per complex to eliminate clutter and to promote com- patibility, proportion, simplicity, and sign effectiveness. 25.38-12,01 Sign Area - Commercial and Industrial Uses Except as otherwise provided in this Article, each separate business shall be limited to one (1) main sign integrated into the design of the building. Rela- tive thereto, the following sign areas shall apply: A. Buildings within one hundred (100) feet of public right-of-;ray ---The total or aggregate area of a main sign for any businessin a building located within one hundred ( 100) feet of the right-of-way upon which it faces shall not exceed the equivalent of one (1) square foot of sign area per lineal foot of frontage arhich the buildiny leas facing on a right-of-tray or parking lot. Except as otherwise provided here- in, such sign sha11 have a surface area no greater than fifty (50) square feet. No such signs shall be closer than ten (10) feet from ; any other sign permitted hereunder. Such a sign must be located ad- t jacent to the right-of-way or parking lot from which its maximum al- j lowable size is determined. J( i i • F 25.38 (12) B. Buildings one hundred (1.00) feet or more from the right-of-way e total aggregate area for a main sign for any business in a building located one hundred ( 100) feet or more from any right- of-way upon which it faces shall not exceed the equivalent of one and one-half (Vs) square feet of sign area per lineal foot of frontage which the building has facing on a public right-of- way or parking lot. Except as provided herein , such signs shall have a surface area no greater than seventy-five (75) square feet. No such sign shall be closer than ten ( 10) feet from any other sign permitted hereunder. . Such a sign must be located ad- jacent to the right-of-way or parking lot from which its maximum allowable size is determined. C. Additional si n area for a single business in a building having over fifty 50 feet of frontage - A single business having a lineal frontage or any right-of-way in excess of fifty (50) feet may be allowed, in addition to A or B above, an additional one (1) square foot of sign area for each two (2) feet of front- age in excess of such fifty (50) feet up to one h,mdred ( 100) feet, and an additional one ( 1) square foot of sign area for each four (4) feet of frontage in excess of one hundred ( 100.) feet. 25.38-12.02 Frontage on Two or More Streets or Parking Lots A. Frontage on two or more streets - A business in a building facing on more than one ;J7 right-uf-way shall be allowed the authorized sign area on each street which it faces, provided that the areas may not be accumulated on one (1) right-of-;lay and shall not ex- ceed the allowed area of any one (1) right-of-way. Location and design of such sign combinations must be approved by the Design Review Board Process so as to eliminate clutter and incompatibility of signs. B. Frontage on Parkins lots - A business having frontage only on a common usage or public parking lot or a business which has a rear frontage on a common usage or public parking lot may be allowed a single sign on said frontage, on the basis of one ( 1) square foot of sign area per lineal foot of frontage on said parking lot not to exceed fifty (50) square feet: No such signs shall be closer than ten (10) feet from any other sign permitted hereunder. . 25.38-12.03 Hei<tlit A. Wall Sims - The top of such signs shall not be higher than the eave line of the building on which it .is located as measured from the under side of the eave and in no event Nigher than twenty (20) feet. (See definition of Wall Sign for clarification of eave line and see Section 25.38-6 Adjustments for special circumstances for unique roof designs, ) 25.38 (13) B. Free Standiny Signs - Except as otherwise provided herein, free standing signs shall be prohibited on a single parcel of property where there is more than one business. Where authorized for a single business , a free standing sign shall not be located on the public right-of-way and shall not exceed twelve (12) feet in height. The size of the free standing sign shall not exceed the limitations of Section 25. 38-12.01 inclusive and shall be in lieu of any wall signs. 25. 38-12.04 Second Story Businesses Businesses maintained exclusively on the second floor of a two (2) story building may be allowed up to fifty percent (50%) of the sign area authorized for businesses conducted in single story buildings by. the Design Review Board Process. 25.38-12.05 Sign for Pedestrian Traffic Where the principle sign for a business is located so that it cannot be seen by pedestrian traffic, an identification sigt', in addition to that otherwise allowed in this Article, shall be permitted. Such a sign shall be no larger than three (3) square feet (three (3) feet on each side) and it shall be designed and located so as to not dis- tract from the appearance of the building or violate the intent of this Ordinance. 25.38-12.06 RESERVED 25.38-12.07 Temporary Signs within Window Areas Temporary informational signs not to exceed a maximum of five (5) square feet of the window area of a business may be used. Such signs shall be located on the inside of the window and shall not require . prior approval of the City. 25.38-12.08 "Sale" Signs While a sale of goods or services is being conducted, one (1) "sale" sign shall be allowed, located on the inside of the window. Such a sign shall be in addition to the total authorized sign area but shall not exceed ten (10) square feet. When improperly used, "sale" signs constitute a public nuisance and may be abated as such. 25.38-12.09 Listing of Business Associates In addition to the other sign usage authorized herein, each separate business shall be allowed lettering on or behind windows facing the public view indicating the owners, operators, or business associates exercising the use, provided that such lettering shall be enclosed within a single area and shall not exceed a total of three (3) square feet. 25.38-12.10 .. Use .of Attraction Boards by Niqht Clubs In addition to the permitted sign area, one (1) attraction board to advertise night club, theatre, or cabaret entertainment shall be al- lowed, provided that the location has the required off-street parking as set forth in the Palm Desert Ordinance Code. No permit shall be 25.38 (14) issued, nor shall ,.ny person erect an attraction i. _rd until its design and location are approved as provided for herein. A. The maximum allowable size for an attraction board shall be twenty-five (25) square feet if facing on a street; or fifteen (15) square feet on each side if the faces are at right angles to the street. The advertising on the attraction board shall be limited to coming and current entertainment only. Attrac- tion boards shall not be used to advertise rates or prices of attractions. 25.38-12. 11 Gasoline Service Stations Gasoline service stations shall be limited to those signs as approved by the Planning Commission as a part of. their action on a conditional use permit and/or amendment thereto for the service station which shall in no event exceed the following limitations: (1) One double-faced free standing monument sign not to exceed twenty- four (24) square feet in area or not to exceed eight (8) feet in height, and advertising only the name of the company. (2) one ten (10) square foot wall sign advertising the company name and/or operator. (3) One wall or ground sign, not exceeding eight (8) square feet in area or eight (8) feet in height for a ground sign, advertising the actual lowest price per gallon including all taxes at which regular, premium, and unleaded gasoline are currently being of- fered. Any special conditions required for sale at such lowest price shall also be indicated. 25.38-12. 12 Signs in District and Regional Shopping Centers In addition to the wall sign area allowed for individual businesses, shopping centers in excess 'of three and one-half (3=;) acres of land shall be allowed one (1) 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. Re- lative to such signs, the allowable sign area shall be based on five (5) square feet of sign per acre. These signs shall not exceed twenty- five (25) square feet, shall have a maximum height of eight (8) feet, and shall not be erected without first having proper approval as pro- vided herein. Further, where the unique design of the center allows for adequate in- tegration .of a larger sign the permitted pedestrian traffic signs as allowed in Section 25. 38-12.05 may be increased to a maximum of six (6) square feet per side. In addition, one (1) rider not to exceed five (5) inches by sixteen (16) •inches may be installed at the bottom of any ap- proved real estate sign. 25.38 (15) 24. 38-12. 13 Sale and Rental Signs Commercial and industrial properties shall be authorized sale or rental signs on the following basis: Under 211 acres - 1 sign Over 212 acres, but less than 5 acres - 2 signs Over 5 acres - 1 sign per street frontage These signs shall not exceed three (3) square feet in area or four (4) feet in height and shall be designed and located in a manner satisfactory to the Director of Environmental Services. Such signs shall be removed upon completion of escrow or within thirty (30) days from the opening of escrow, whichever occurs first. 25.38-13 SIGNS IN RM ZONES - SIGN AREA A mobile home park shall be allowed one (1) externally lighted or unlighted identification sign not exceeding the equivalent of one (1) square foot of sign area per ten ( 10) lineal feet of frontage on each right-of-way upon which the business fronts. No sign shall have a surface area of greater than thirty (30) square feet and may be erected at right angles to the right- of-way. (1) Free Standing Signs - Free standing signs shall not exceed eight (8) feet in height. (2) Sale and Rental Signs - Mobile home park properties shall be authorized one 1 sale or rental sign while the property is actually for sale or rent. These signs shall not exceed three (3) square feet in area or four (4) feet in height and shall be designed and located in a manner satisfactory to the Director of Environmental Services. In addition, ane . (1) rider, not to exceed five (5) inches by sixteen (16) inches may be installed at the bottom of any approved real estate sign. 25.38-14 RESERVED 25.38-15 RESERVED 25. 38-16 GENERAL PROVISIONS The following general sign usage provisions and regulations shall apply for all signs. The basic intent is to protect the public and property owners against downgrading of aesthetic and property values. Therefore, any additional sign usage authorized hereunder shall be strictly construed in its application. 25.28-16.01 Design Review Board Process Each sign shall be submitted to the Design Review Board Process prior to its erection. In the case of new developments, a signing program shall be submitted as part of the Site Plan Review procedure, 25.38 (16) 25�38-16.02 Sion Review Criteria All signs which are regulated by this Article shall be subject to the approval of the Design Review Board Process. In approving or rejecting a particular sign permit, the reviewing body shall utilize the following review criteria: (1) That the sign is necessary for the applicant' s enjoyment of sub- stantial trade and property rights; (2) That the sign is consistent with the intent and purpose of this Article and Zoning Ordinance; (3) That the sign does not constitute a detriment to public health, safety, and welfare; (4) That the size, shape, color, and placement of the sign is com- patible with and bears a harmonious relationship to the building it identifies; (5) That the size, shape, color, and placement of the sign is com- patible with and bears a harmonious relationship to the neigh- borhood and other signs in the area; (6) 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. (7) Thai the location and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs; (8) That the location and design of the proposed sign - its size, shape, illumination , and color - are compatible with the visual characteris- tics of the surrounding area so as not to detract from or cause de- preciation of the value of adjacent developed properties; and (9) 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 Nasidential district, 25.38-16.03 Sans Facincn Private Property Prohibited All signs authorized hereunder must be placed on the side of property facing on public oi- private right-of-way. 25. 38-16.04 Required Information on Si.Cns Each sign shall have the name of the maker, the date of the erection , and the permit number. Such information shall be clearly legible and on the lotaer right hand corner of the face of the sign in a conspicuous place. As an alternative, a decal issued by the City as a part of the sign approval process may be placed on the sign at a location visible and readable from the public or private right-of-way 25.38 (17) 25.38-16.05 Proper Maintenance of Signs The user, owner, or leasee of a sign authorized hereunder shall main- tain it in a manner satisfactory to the Director of Environmental Ser- vices or his authorized representative. All signs shall -be maintained in a neat attractive condition and in adequate repair. 25.38-16.06 Number of Colors Allowed All signs regulated by this Ordinance shall contain no more than four (4) complimentary colors. Black and white shall be considered as colors. 25.38-16.07 RESERVED 25.38-16.08 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 (10) candlepower at ten (10) feet from the face of the sign. 25.38-16.09 Location of Right Angle Signs Right angle signs on faces of buildings shall not extend over eighteen (18) inches beyond the face of the building where located, except for pedestrian oriented signs. No right angle sign shall extend below eight (8) feet from the sidewalk or the right-of-way. Right angle signs supported by ports or standards shall hot extend beyond the property line or into the public right-of-way. 25.38-16. 10 Obstruction of Passa2 Signs shall not be constructed so as to obstruct any door, window, or fire escape of any building. 25.38-16.11 Maximum Sign Area Limitation Unless otherwise authorized by this Article, regardless of the zone where located, no sign shall exceed the maximum area necessary to i- dentify the use. 25. 38-16. 12 Excep tions to Sion Limitations ------------- Nothing contained herein shall prevent the erection, construction , or maintenance of official traffic, fire, and police signs, temporary traf- fic control signs used during construction and maintenance of utility facilities and substructure location and identification signs and markers required to protect these facilities , devices , and markings of the State Department of Transportation , the City Council , or of other competent public authorities, or the posting of the notices required by law. 25.38 ( 18) 25. 38-16. 13 Special Permits (1) Nothing herein contained shall prevent the City Council from granting a temporary special permit or otherwise permitting, on such terms as it may deem 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 ad- jacent property or improvements. (2) Grand opening may be approved by the Director of Environmental Services subject to appropriate conditions. 25.38-16. 14 Imitation of Traffic Signal No person shall place, maintain or display upon, or in view of any street or highway any unofficial sign, signal , or device, or any sig- nal , sign or device which purports to be or resembles an official traffic sign or signal or which hides from view any official traf- fic sign or signal . Any such signal may be abated forthwith. 25.38-16. 15 Overhead Electric Conductors No sign or sign structure shall be erected in such a manner that any portion of its surface or supports shall be within six (6) feet hori- zontally of, or twelve (12) feet vertically of, overhead electric con- ductors which are energized in excess of 750 volts. 25.38-17 SPECIAL PURPOSE SIGNS 25.38-17.01 Trade Construction Signs One (1) unlit sign advertising the various construction trades shall be permitted on .construction sites during the period that valid build- ing permit approval exists. Such signs shall not exceed three (3) square feet per twenty thousand (20,000) square feet of land area with a maximum of thirty-too (32) square feet in area and shall be removed before a notice of completion is issued for the building being con- structed. No trade construction sign shall exceed eight (8) feet in height. 25.38-17.02 "No Trespassing" Signs A "No Trespassing" or "No Dumping" sign not exceeding three (3) square feet shall be authorized for each parcel of property in addition to other authorized signs and shall be located and designed to other authorized signs and shall be located and designed thereon in a manner satisfactory to the Director of Environmental Services or his autho- rized representative. 25.38 (19) 1 I Land Subivision Signs 25.38-17.03 --d Signs advertising land subdivisions shall be limited to one (1) { double-faced sign of thirty-two (32) square feet per side, placed p at a right angle to the street or two (2) thirty-two (32) square foot signs facing the street. Such signs shall be at least two s hundred (200) feet apart and shall be placed upon the uor�whenothe s Such signs shall be removed at the end of two (2) y { subdivision is sold, whichever occurs first. These signs shall not be illuminated. Lease Potential Signs 25.38-17.04 — t One (1) sign advertising lease potential for future development, I to exceed twelve (12) square feet in area, fifteen (15) feet. itted for a single parcel from any property line , shall be perm multiple unit development. However, such a sign shall not be erected until Design Review Board approval is received for the proposed project, and all such signs shall be removed before a notice of completion is issued for the building upon expira- tion ; tion of the Design Review Board Process approval . � shall face the street and shall not be illuminated, 25.38-17.05 Signs on Awninqs , Etc. Painted, non-illuminated or indirectly lighted signs may be permitted on the borders or marquees, canopies , awnings , arcades , or similar structures or attachments if located and erected in a manner satis- factory to the Director of Environmental Services or his authorized representative. Such signs shall be included in the total authorized sign area. (1) Signs - Mqrquees and Canopies - Externally lighted signs shall mrques be permitted on the upper th°rfrontlowerfaceFof surace of whichl fxed faccesathecpublic and similar structures , right-of-way, provided that the outer dimensions of such signs shall not exceed sixteen (16) inches in height, and provide i further that each letter or image on such a sign does not ex - teed twelve (12) 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. 25.38-17.06 Political 5i9n Regulations Applicants for political signs , as defined herein, shall comply with the following requirements : (1) The applicant shall post a One Hundred Dollar ($100) cash bond with the City to guarantee removal of the political si 11 gns. (2) Each sign shall not exceed five (5) square feet in area. (3) The signs shall not be located closer together than five hundred (500) feet. (4) No political signs shall be allowed in any residential zone. 25.38 (20) (5) Such signs shall not be nailed to trees, fence posts, or affixed to public utility poles and shall not be located in the public right-of-way. (6) All political signs shall be removed within ten (10) days after the election date or the bond posted small be forfeited and the City shall use whatever part of the bond money as is necessary for removal . Any amount of the bond remaining shall be re Funded upon request made within ninety (90) days after the election. No political signs will be posted earlier- than forty-five (45) days prior to -an election. (7) The One Hundred Dollar ($100) bond requirement herein shall also apply to signs located at campaign or party headquarters. (8) No fee or permit shall be required.for the right to erect political signs but the applicant, or his agent, shall file with the Director of Environmental Services, a map or sketch, or otherwise adequately locating where the signs will be erected. (9) The City shall establish a separate account to be entitled "Political Sign Removal " , for the purpose of holding and accounting for the cash bond requirements of his section.�t on Monies from this account will be used to remove signs illegally posted. Any surplus monies from this account may be used to remove signs posted without a bond. ( 10). No signs shall be permitted on trucks , automobiles, trailers, or any other movable vehicles except for bumper stickers or other equivalent stickers not exceeding five (5) inches by. twenty (20) inches (5" x 20" ), in size. .25.38-17.07 Signs for Public or Quasi-Public Uses Directional and public convenience signs for public and quasi-public uses may be permitted. on public property. The design must conform to standard directional sign specifications promulgated by the Director of Environmental Services and approved by the Design Review Board. The total number of signs allov,,ed shall be based on the minimum number necessary for adequate public identification as determined by the Director of Environmental Services. .25.38-18 ENFORCEMENT 25.38-18.01 Territorial Application of Ordinance The provisions of this Article shall apply to .all territory within the City of Palm Desert. 25.38-18.02 Duty to Enforce Ordinance It is the duty of the Director of Environmental Services to enforce all of the provisions of this Article. 25.38 (21) 25.38-18.03 Compliance with Ordinance: Ifuisance A)atement� The Council hereby determines that the public peace, safety, morals, health, and wolf.arc, require that all signs and advertising structures heretofore constructed or erected in violation of any Ordinance of the City of Palm Desert, or the County of Riverside , in effect at the time such sign was constructed or erected, be and they are hereby made subject to the provisions of this Ordinance. Such signs shall be made to conform and comply with such requirements as soon as reasonably possible after the effecting date of this Ordinance. All signs and advertising structures which are not made to so conform and comply taithin a reasonable time shall be and they are hereby declared to be public nuisances and may be abated in the manner provided by the Palm Desert Municipal Code. 25.38-18.04 Removal and Amortization Period Any sign and outdoor advertising structure or sign which is non-conforming to the requirements of this Ordinance, either by variance previously granted or by conformance to the existing sign regulations at the time of the initial permit for said sign was issued, shall either be removed or brought up to Code requirements within the period of time prescribed herein. 25.38-18.05 Amortization Schedule I The following schedule shall be utilized for signs that are determined to have only minor non-conforming elements. The application ule is limited to any one (1) parcel of land �,;hich has signs that do not con- form to one (1) or more of the categories in Schedule I and must be abated or modified under Schedule I. If any portion of all of the non-conforming .elements meet the classifications in Schedule II , it shall be the ruling .schedule even though some element or elements would also meet Schedule I. AMORTIZATION SCHEDULE I Non-Conforminq Section Period for Removal or Modification 25.38-4.02 Life of the Sign . Directional or Safety Signs 25.38-16.03 Life of the Sign Signs Facing Private Property Prohibited 25. 38-16.04 Life of the Sign Required Information on Signs 25.38-16.06 Life. of the Sign Number of Colors Allowed 25.38-16.08 One Year Glare from Signs 25. 38-16.09 Life of the Sign Location of Right Angle Signs - -- 25.38 (22) AM "IZATION SCHEDULE I (continued) Non-Conforming Because: Period for Removal or Modification The word "motel" is used. Life of the Sign Sign is closer than ten (10) feet n Life of the Si to the sign of another business. g More than one (1) main sign exists but the maximum sign area entitle- ment is not exceeded. Life of the Sign 25.38-18.06 AMORTIZATION SCHEDULE II All signs that are non-conforming as to the requirements of the following Sections shall be abated forthwith by Schedule II : Section 25.38-5.01 Rotating, Moving, Flashing, Changing, Reflecting, or Blinking Signs Prohibited Section 25. 38-5.02 Signs on Public Property or Right-of-clay Prohibited Section 25. 38-5.03 Signs not Advertising the Use, Name of Owner, Products, or Services Available on the Premises Prohibited Section 25.38-5.04 Temporary or Portable Free Standing Signs Section 25.38-5.07 Combination Signs Section 25. 38-5.08 Roof Signs Section 25. 38-11 Signs in Residential Zones Other Than Single Family through Section 25. 38-11.06 Double Frontage Lots inclusive Section 25. 33-12 Signs in Commercial and Industrial Zones through Section 25. 38-13 Signs in RM Zones - Sign Area inclusive The intent of Amortization Schedule II is to cause abatement or modifica- tion of all non-conforming signs which have major non-conforming elements as specified by the above-described Sections. In order to utilize the abatement Schedule II set forth below, the owner of record, or his agent, shall make available the market value, as of January 1, 1977, of any sign or signs which have been deenred non-conforming by the provisions of these . regulations within the Schedule II categories. The market value of non- conforming signs shall be based on the original cost, including cost of installation, of said sign less ten percent ( 10%) of the original cost 25.38 (23) per year for each year said sign. has been standing prior to the effective date of these regulations. The date of erection of any non-conforming sign complying to Schedule II shall be established by the presentation by the owner of record of the sign, or his agent, of a certified copy of the corresponding building per- mit on file in the Department of Building and Safety of either the City of Palm Desert or the County of Riverside. Any sign erected without the is- suance of a valid building permit shall be deemed an illegal sign and shall be removed immediately. All required documentation concerning the market value and erection date of any non-conforming sign shall be presented to the Director of Environmental Services within fifteen (15) days of reception of the notice of non-conformance. The Director of Environmental Services shall determine to his satisfaction the validity of all presented documentation. Any decision of the Director of En- vironmental Services may be appealed in accordance with Section 25. 38-18.08. AMORTIZATION SCHEDULE II Adjusted Market Value of Sign Period for Removal or Modification $ 10.00 or less Immediately $ 10.01 to $1,000.00 1 year $1,000.01 to $2,500.00 2 years $2,500.01 to $5,000.00 3 years $5,000.01 to $10,000.00 4 years OVER---------$10,000.01 5 years 25.38-18.07 Removal of Non-Conforming Signs Program Any sign that is in non-compliance with the regulations of this Article shall be removed prior to or upon the date designated for removal in the above abate- ment schedules, If the owner of, or the persons responsible for, the sign fails to remove the non-conforming sign, within ten (10) days following notification, such non-action may be corrected at the option of the City Council as a violation of this Ordinance, or the Council may select to pursue the following procedures: (1) The Director of Environmental Services, after proper notification, may cause the removal of any non-conforming sign and shall , at his discretion, charge the costs incurred against any of the following, each of whom shall be jointly and severally liable for said charges; provided, however, that any decision or determination of the Director of Environmental Services may be appealed in accordance with Section 25. 38-18.08 of this Article. (a) The permittee (b) The owner of the sign (c) The oo-mer of the premises on which the sign is located. (d) The occupant of the premises on which the sign is located. (2) A sign removed by the City shall be held not less than thirty (30) days by the City during which time it may be recovered by the owner upon payment to the City for costs or removal and storage. If not recovered prior to expiration of the thirty (30) day period, the sign and supporting structures shall be declared abandoned and title thereto shall vest in the City and the cost of removal shall be billed to the owner. 25. 38-18.08 Ad Hoc S 2n Amortization Committee Within ninety (90) days after the effective date of this Article, the City Council shall , by resolution, establish an Ad Hoc Sign Amortization Committee. Said Committee shall .establish the appropriate market value or amortization period for any legal non-conforming sign which is pre- sented by the owner of said sign. (1) Membership - The Committee shall consist of at least seven (7) members. a. Consisting of one ( 1) of each of the following: One (1) representative from the Chamber of Commerce One (1) representative from the Board of Realtors One (1) Council Member One 11) Planning Commissioner One (1) Design Review Board Member b. Two (2) from any of the following fields of endeavor but limited to one ( 1) person per field: Accountants Building and Design Construction Retail Businessman (2) Selection - The City Council shall select the representatives from the Chamber of Commerce and Board of Realtors from a list of three (3) provided by each group. (3) Terminatio - The Committee shall exist for a six (u) month period after its establishment. (4) Procedure_ - An owner of a sign who objects to the proposed amortization period, or established market value, for his sign may request a re-evaluation b, the Sign Amortization Committee. Such a procedure shall be initiated by the filing of a request for re-evaluation with the Director of Environmental Services who shall call a meeting of the Committee to make a judgm^_nt. Upon notification by the City of the existence of a non- conforming sign and the City's estimated amortization period established by the utilization of the Schedules, the owner of said sign may appeal said established time periof to the Ad Hoc Amortization Committee. If the appeal includes a re- quest based upon an existing lease, said appeal shall be ac- 25. 38 (25) companied by a notorized copy of the signed maintenance lease in effect on January 1, 1976. (5) Criteria of Evaluation - The Amortization Committee shall establish the amortization period for any sign submitted to them based upon: A. Permit value of the sign at the time of original construction. B. Special circumstances-applicable to the sign such as it being an integral construction element of the building, whose re- moval would require a major andification of the structure ; or if the non-conforming character of the sign is determined by the Board to be so minor as to create an undo hardship. (6) Actions of the Amortization Board - The Board may affirm the established amortization period or establish a new amortization period for a sign under consideration. However, no extended amortization period shall exceed one (1) year or double the original allotted time. (7) Confirmation of Board Actions. - The City Council shall confirm or deny -- and refer back to the Committee for re- consideration: all findings of the Amortization Committee within thirty (30) days after their decision. 25.38-18.09 Uncertainty of Article Provisions Whenever the criteria is uncertain as to the ambiguity of the provisions, the applicant shall be referred to the Planning Commission for determina- tion. The Planning Commission shall then authorize the sign criteria which best fulfills the intent of this Article. 25.38-19 EXCEPTIONS PROCESS The Planning Commission may approve exceptions relative to size, number, and location of signs after a Public Hearing in instances where an applicant is faced with exceptional circumstances because of type or location of business , or is trying to achieve a special design effect. The applicant must show that: A. The sign will be integrated into the architecture of the building; and B. The sign will not: be detrimental to neighboring businesses or the community in general . The approval of exceptions shall be consistent with the provisions of Section 25.39-5.01 25.38 (26) 25.38-20 UISCONTIIIUA.?ICE OF l RUSINF_SS Within ninety (90) days of the discontinuance of a business in any commercial or industrial zone or before a new business occupies the building, whichever comes first, the sign owner, his agent, or the property owner shall remove all non-conforming signs and the wording advertising or relating to the dis- continued business from all conforming signs. 25.38-21 NON-CONFORf1ING SIGNS MAINTENANCE Except for normal repair or maintenance not exceeding fifty percent (50%) of the value of the sign, no sign in existence upon the adoption of this Ordinance shall be modified, altered, moved or replaced, unless it is made to comply with the provisions of this Ordinance. 25.38-22 PENALTIES Any person, firm, or corporation willfully violating any of the provisions of this Article shall be subject to the provisions of City Ordinance 57, as amended from time to time. 25.38 (27) ORDINANCE 129 EXHIBIT "B" SECTION NUMBER APPROVED CHANGE 25.38-3.03 Add the word "of" after the word "allowance". 25.38-6 Add - Any illegal permanent signs existing prior to the enactment of this Article shall not be .abated by the City until one (1) year after the enactment of this Article. 25.38-11.01 Delete the first two sentences and replace with: Each hotel , motel , or apartment complex shall be limited to one (1) sign per complex. The total or aggregate area of the principal sign shall not exceed the equivalent of one (1) square foot of sign per lineal foot of frontage which the building has facing on the adjacent right-of-way with a maximum entitlement of fifty (50) square feet. 25.38-11.01 Change the heading to read - Sign Area-Hotels, Motels and Apartments. Change "principle" to "principal". Delete - In addition, for hotels the wording on the signs shall be limited to the extent that the word"motel" shall not be permitted. Only the words "hotel , lodge, inn, motor inn, or chalet" shall be acceptable. 25.38-11.04 Change the heading to read - Use of Attraction �..) Boards for Hotels and Motels. Add the word motel after the word hotel in the second line. 25. 38-11.04 A & B. Change the word "principle" to "principal". 25.38-11.04 B (c) Add or motel after the word hotel . 25.38-11.04 D Add and motel after the word hotel . 25.38-11.06 Delete and replace with the wording of Section 25.38-12.02 A Frontage on two or more streets. 25.38-11.07 Delete - or within thirty (30) days of opening of escrow, whichever occurs first. 25.38-12.05 Change "principle" to "principal". 25.38-12. 12 Delete - in addition, one (1) rider not to exceed five (5) inches by sixteen (16) inches l may be installed at the bottom of any approved real estate sign. 25.38-12. 13 Delete - or within thirty (30) days from the opening or escrow whichever occurs first. 25.36-16. 13 (2) Add word "signs" after the word "opening". 25.38-18.04 Add - This amortization pro ram shall not become effective until one (1) year after this Ordinance is enacted. 25. 38-18.05 Delete - The word "motel" is used - Life of the Sign. -1- Ordinance 129 Exhibit "B" SECTION NUMBER APPROVED CHANGE 25.38-18.06 Page 25.38(24) Paragraph 2, last sentence, delete - shall be removed immediately and add - shall e removed immediately after the effective ate of this amortization ro ram which is one 1 year after the enactment of this Ordinance. 25.38-18.08 Change after the effective date of this article to-of the effective date of this amortization program which is one 1 year after the enactment of this Artic e. 25.38-18.08 (1) & (2) Delete 25. 38-18.08 (1) New - (1) Membership - The Committee shall con- sist of five (5) members with at least three (3) of the members from the Business Community appointed by the City Council . 25.38-18.08 (3) - (7) Re-number to 25.38-18.08 (2) - (6). 1.., -2- r INTEROFFICE MEMORANDUM City of Palm Desert TO: Planning Commission FROM: Director of Environmental Services SUBJECT: Review of the Revisions Made by the City DATE: February 11, 1977 Council in Adopting the Sign Ordinance At the regularly scheduled Council meeting of February 10, 1977, the Council did hold a first reading of Ordinance 129, which if a second reading is held, will adopt the Sign Ordinance. As a part of the Public Hearing on this matter, the Council did consider two significant changes to the Ordinance which should be reviewed by the Planning Commission and a study and report forwarded back to the City Council . These two significant changes are as follows: 1. Increase the sign entitlement in the other than single-family residential zone to the same as commercial zone. In effect, this will allow hotels, motels, and apartments to have equal sign entitlement as other like busi- nesses in the commercial zones. Related to that the sign entitlement for additional street frontages in these zones has been increased to be in con- formance with the allowances in the commercial zone. 2. A one (1) year moratorium was put into the Ordinance for enforcement on existing signs. The other changes as specified in Ordinance 129 were minor in nature or deal with word changes. STAFF RECOMMENDATION: It is recommended that the Planning Commission direct the Secretary to notify the City Council that the Planning Commission agrees with the proposed changes to the Sign Ordinance that are to be adopted as a part of Ordinance 129. Attachments: City Council Resolution 77-3 Proposed Ordinance 129 ORDINANCE 129 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING ARTICLE 25. 38, CHAPTER 25, OF THE PALM DESERT MUNICIPAL CODE, KNOWN AS THE SIGN ORDINANCE AND AMENDING SECTION 25.39-2. 10. CASE NO. ZOA 02-76 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1: Section 25. 38 of Ordinance 99 is hereby repealed. SECTION 2: Ordinance 18 is hereby repealed. SECTION 3: Those references to signs in Ordinance 31 are hereby deleted. SECTION 4: Section 25. 38 of Ordinance 99 is hereby added to read as is more specifically stated in Exhibit 'A' dated December 14, 1976, as revised by Exhibit `B' , attached hereto and made a part thereof. SECTION 5: Section 25.39-2. 10 of Ordinance 99 is hereby repealed. SECTION 6: Section 25.39-2. 10 of Ordinance 99 is hereby added to read as follows: 25.39-1. 10 Delegation of Authority The DRB may, at its discretion, authorize the Director of Environmental Services to approve or cause to be modified, sign applications not exceeding $1,000 in value, exterior remodelings not exceeding $2,500 in value, and proposed additions to commercial buildings not exceeding a change or increase in 25% of the total square footage. SECTION 7: The City Clerk of the City of Palm Desert, California, is hereby directed to cause this Ordinance to be published within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California, and the same shall be in force and effect thirty (30) days after adoption. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert City Council , held on this loth day of February, 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: -1- Ordinance 129 NOEL J. BRUSH, MAYOR ATTEST: SHEILA R. GILLIGAN, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA a f -2- ORDINANCE 129 EXHIBIT "B" SECTION NUMBER APPROVED CHANGE 25.38-3.03 Add the word "of" after the word "allowance". 25.38-6 Add - Any illegal permanent signs existing prior to the enactment of this Article shall not be abated by the City until one (1) year after the enactment of this Article. 25. 38-11.01 Delete the first two sentences and replace with: Each hotel , motel , or apartment complex shall be limited to one (1) sign per complex. The total or aggregate area of the principal sign shall not exceed the equivalent of one (1) square foot of sign per lineal foot of frontage which the building has facing on the adjacent right-of-way with a maximum entitlement of fifty (50) square feet. 25.38-11.01 Change the heading to read - Sign Area-Hotels, Motels, and Apartments. Change "principle" to "principal". Delete - In addition, for hotels the wording on the signs shall be limited to the extent that the word "motel" shall not be permitted. Only the words "hotel , lodge, inn, motor inn, or chalet" shall be acceptable. 25.38-11.04 Change the heading to read - Use of Attraction Boards for Hotels and Motels. Add the word motel after the word hotel in the second line. 25.38-11.04 A A B Change the word "principle" to "principal". 25. 38-11.04 B (c) Add or motel after the word hotel . 25.38-11.04 D Add and motel after the word hotel . 25.38-11.06 Delete and replace with the wording of Section 25.38-12.02 A Frontage on two or more streets. 25.38-11.07 Delete - , or within thirty (30) days of opening of escrow, whichever occurs first. 25.38-12.05 Change "principle" to "principal". 25.38-12. 12 Delete - in addition, one (1) rider not to exceed five (5) inches by sixteen (16) inches may be installed at the bottom of any approved real estate sign. 25.38-12.13 Delete - or within thirty (30) days from the opening or escrow whichever occurs first. 25.36-16. 13 (2) Add word "signs" after the word "opening". 25.38-18.04 Add - This amortization program shall not become effective until one (1) year after this Ordinance is enacted. 25.38-18.05 Delete - The word "motel" is used - Life of the Sign. Ordinance 129 Exhibit "B" SECTION NUMBER APPROVED CHANGE 25.38-18.06 Page 25.38(24) Paragraph 2, last sentence, delete - shall be removed immediately and add - shall be removed immediately after the effective date of this amortization program which is one 1 year after the enactment of this Ordinance. 25. 38-18.08 Change after the effective date of this article to-of the effective date of this amortization program which is one 1 year after the enactment of this Article. 25. 38-18.08 (1) & (2) Delete 25. 38-18.08 (1) New - (1) Membership - The Committee shall con- sist of five (5) members with at least three (3) of the members from the Business Community appointed by the City Council . 25.38-18.08 (3) - (7) Re-number- to 25.38-18.08 (2) - (6). -2- RESOLUTION NO. 77-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING A POLICY STATEMENT REGARDING THE PRO- POSED SIGN ORDINANCE. CASE NO. ZOA 02-76 WHEREAS, the City has worked diligently over the last year on the development of a Sign Ordinance for the City; and, WHEREAS, the City Council believes that it is important that the issues and policies that were considered during this period be expressed publicly so that the citizens will have a full understanding of how this important decision was reached; and, WHEREAS, the City Council believes such a statement will be valuable to future Councils and City staffs charged with implementation of the Sign Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, that it does hereby express the following .as its findings for adopting the proposed Sign Ordinance: The City Council strongly believes that Palm Desert has a unique character which requires special controls to guarantee its preservation and j enhancement. In addition, the vitality of the community's character must be established along its major entryways and arterials. The Council feels that some existing signs within the commercial core adjacent to Highway 111 do not express the community's character and are considered a blight to the area. Further, the enhancement and preservation of the character of Palm Desert will not be successful unless greater concern is applied to the use of signs through- out the community. It has been determined that the Council 's concern with the effect of poorly regulated signs is also the concern of the businessmen, because the image expressed to visitors and residents through the community's signs has a profound effect on the economy of the City. The vitality and growth of the ,.- economic sector of the community is based upon its unique character. This unique character must not be lost. The Council believes that a continuation of the historical poor usage of signs in Palm Desert would be very detrimental to the future of the business and residential communities of Palm Desert. Resolution No. 77- 3 After having spent more than a year studying the impacts of signs, and after listening to many points of view regarding the appropriateness of signs, both from the businessman's and community's standpoint, the Council realizes that it is essential to keep these interests in balance. The pro- posed Sign Ordinance does this. It has been approved only after having carefully listened to everyone who has desired to speak on the matter and weighing all the concerns that were expressed. In culminating the develop- ment of the Sign Ordinance, the Council is of the opinion that the character of the community and its economic vitality are inseparable and, therefore, the Council was mandated to implement a Sign Ordinance that adequately con- trols the use of signs within the community. This significant fact remained constantly before the Council . The Council recognizes and strongly subscribes to the right of the businessman to identify his business. Still , the right to advertise must be kept within reasonable boundaries consistent with the objectives and goals of the community to retain the special attributes and economic advantages which rest largely on the quality of its appearance. It is realized that reasonable minds differ as to the best solution to the sign problem. The responsibility ` for finding the solution, however, was with the Council and it believes the proposed Ordinance is responsive to that responsibility and to the problem. In analyzing the effect of the present sign usage in Palm Desert, it was concluded that first, many of the many existing signs are incompatible with the community character. Second, through the development of the General Plan and its subsequent Zoning Ordinance, .a paramount theme was expressed, which centers upon the architectural compatibility of the units to the City as a whole. In order to carry out such a concept, it is essential that signs be compatible not just with the development in which they are located, but also to the surrounding area, and ultimately, the total community. Third, existing signs seem to demonstrate that they were erected with no attempt to conform to the character of the community. In reviewing the records of the City of Palm Desert and the County of Riverside, it was determined that many of the offending signs were installed without permits. Further, many of the signs were intended to be temporary in nature and have continued beyond their reasonable life. These offending signs are a nuisance and should be abated as soon as possible. As long as they remain, they are not only a blight, but an economic disbenefit. Because the area is believed to be at the crossroads of its economic life, the Council feels that every -2- Resolution No. 77- 3 effort available must be utilized to guarantee its future economic success. Accordingly, there was a mandate to abate these signs in the shortest possible time. Fourth, keeping in mind the right of the businessman to identify his business, the Council sought a proper balance between such business identifi- cation and the right of visitors and residents to be protected from a visual and public trumpeting of overbearing advertising. To the Council , it is clearly evident that the character of Palm Desert is intrinsically interwoven with the image presented by the commercial area. Overbearing signs can de- grade our community, depreciate economic and social values, and turn away investors and visitors. Signs are meant to catch the public' s eye; but the public has a right to .be insulated against abusive and constant intrusions of blatent commercial messages. Such invasions are out of step with the natural beauty and dignity of our desert environment. Finally, the Council concluded that the use of signs should be limited to naming the business or the nature of the activity being conducted,on the premises. It was felt that the public safety is jeopardized if signs are too large or too much information is expressed; because such signs tend to over- attract the attention of motorists away from road hazards. For these reasons, the regulations specified on the proposed Sign Ordinance are deemed by the Council to be imperative. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert City Council , held on this _ day of 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: I � NOEL J. BRUSH, MAYOR ATTEST: SHEILA R. GILLIGAN, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA -3- w REPORT TO CITY COUNCIL ON RECONSIDERATION OF PROPOSED SIGN ORDINANCE CASE NO. ZOA 02-76 INDEX A. STAFF RECOMMENDATION B. PROPOSED CITY COUNCIL RESOLUTION NO. 77- 3 C. PROPOSED ORDINANCE NO. 129 D. PROPOSED SIGN ORDINANCE, DATED DECEMBER 14, 1976 E. STAFF REPORT F. APPENDIX 1. PLANNING COMMISSION RESOLUTION NO. 193 2. PLANNING COMMISSION MINUTES DEALING WITH PROPOSED SIGN ORDINANCE FROM NOVEMBER 16th, NOVEMBER 30th, AND DECEMBER 14, 1976. 3. WRITTEN COMMENTS RECEIVED FROM MR. GEORGE KRYDER AND MR. NESTOR NOE AT THE PLANNING COMMISSION MEETING OF DECEMBER 14, 1976. A. STAFF RECOMMENDATION: 1. Approve Resolution No. 77- 3 , announcing a Council Policy Statement regarding the Sign Ordinance. 2. Approve Ordinance 129, as amended, and pass to Second Reading for the following reasons: - The proposed Sign Ordinance does accurately reflect the needs of the community for signs compatible with the character of the com- munity. - The proposed Sign Ordinance establishes a reasonable and compatible sign program for new development in the community and the proposed Ordinance Amendment to the Design Review process provides for a more reasonable review program. RESOLUTION NO. 77- 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING A POLICY STATEMENT REGARDING THE. PRO- POSED SIGN ORDINANCE. CASE NO. ZOA 02-76 WHEREAS, the City has worked diligently over the last year on the development of a Sign Ordinance for the City; and, WHEREAS, the City Council believes that it is important that the issues and policies that were considered during this period be expressed publicly so that the citizens wi11 have a full understanding of how this important decision was reached; and, WHEREAS, the City Council believes such a statement will be valuable to future Councils and City staffs charged with implementation of the Sign Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, that it does hereby express the following as its findings for adopting the proposed Sign Ordinance: The City Council strongly believes that Palm Desert has a unique character which requires special controls to guarantee its preservation and enhancement. In addition, the vitality of the community' s character must be established along its major entryway and arterial , which is Highway 111. The Council feels that many existing signs within the commercial core adjacent to Highway 111 do not express .the community' s character and are considered a blight to the area. Further, the enhancement and preservation of the character of Palm Desert will not be successful unless greater concern is applied to the use of signs throughout the community. It has been determined that the Council ' s concern with the effect of poorly regulated signs is also the concern of the businessmen , because the - image expressed to visitors and residents through the community' s signs has r 1 a profound effect on the economy of the City. The vitality and growth of the economic sector of the community is based upon its unique character. This unique character must not be lost. The Council believes that a continuation of the present usage,of signs in the community would be very detrimental to Palm Desert. -1- Resolution No. 77- 3 After having spent more than a year studying the impacts of signs, and after listening to many points of view regarding the appropriateness of signs, both from the businessman's and community's standpoint, the Council realizes that it is essential to keep these interests in balance. The pro- posed Sign Ordinance does this. It has been approved only after having carefully listened to everyone who has desired to speak on the matter and weighing all the concerns that were expressed. In culminating the develop- ment of the Sign Ordinance, the Council is of the opinion that the character of the community and its economic -vitality are inseparable and, therefore, the Council was mandated to implement a Sign Ordinance that adequately con- trols the use of signs within the community. This significant fact remained constantly before the Council . The Council recognizes and strongly subscribes to the right of the businessman to identify his. business. Still , the right to advertise must be kept within reasonable boundaries consistent with the objectives and goals of the community to retain the special attributes and economic advantages which rest largely on the quality of its appearance. It is realized that reasonable minds differ as to the best solution to the sign problem. The responsibility for finding the solution, however, was with the Council and it believes the proposed Ordinance is responsive to that responsibility and to the problem. In analyzing the effect of the present sign usage in Palm Desert, it was concluded that first, many of the many existing signs are incompatible with the community character. Second, through the development of the General Plan and its subsequent Zoning Ordinance, a paramount theme was expressed, which centers upon the architectural compatibility of the units to the City as a whole. In order to carry out such a concept, it is essential that signs be compatible not just with the development in which they are located, but also to the surrounding area, and ultimately, the total community. Third, existing signs seem to demonstrate that they were erected with no attempt to conform to the character of the community. In reviewing the records of the City of Palm Desert and the County of Riverside, it was determined that many of the offending signs were installed without permits. Further, many of the signs were intended to be temporary in nature and have continued beyond their reasonable life. These offending signs are a nuisance and should be abated as soon as possible. As long as they remain, they are not only a blight, but an economic disbenefit. Because the area is believed to be at the crossroads of its economic life, the Council feels that every -2- ResoluLion No. 77- 3 effort available must be utilized to guarantee its future economic success. Accordingly, there was a mandate to abate these signs in the shortest possible time. Fourth, keeping in mind the right of the businessman to identify his business, the Council sought a proper balance between such business identifi- cation and the right of visitors and residents to be protected from a visual and public trumpeting of overbearing advertising. To the Council , it is clearly evident that the character of Palm Desert is intrinsically interwoven with the image presented by the commercial area. Overbearing signs can de- grade our community, depreciate economic and social values, and turn away investors and visitors. Signs are meant to catch the public's eye; but the public has a right to be insulated against abusive and constant intrusions of blatent commercial messages. Such invasions are out of step with the natural beauty and dignity of our desert environment. Finally, the Council concluded that the use of signs should be limited to naming the business or the nature of the activity being conducted on the premises. It was felt that the public safety is jeopardized if signs are too large or too much information is expressed; because such signs tend to over- attract the attention or motorists away from road hazards. For these reasons, the regulations specified on the proposed Sign Ordinance are deemed by the Council to be imperative. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert City Council , held on this _ day of 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: I I. NOEL J. BRUSH, MAYOR ATTEST: SHEILA R. GILLIGAN , ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA -3- ORDINANCE 129 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING ARTICLE 25. 38, CHAPTER 25, OF THE PALM DESERT MUNICIPAL CODE, KNO14N AS THE SIGN ORDINANCE AND AMENDING SECTION 25.39-2. 10. CASE NO. ZOA 02-76 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1: Section 25.38 of Ordinance 99 is hereby repealed. SECTION 2: Ordinance 18 is hereby repealed. SECTION 3: Those references to signs in Ordinance 31 are hereby deleted. SECTION 4: Section 25. 38 of Ordinance 99 is hereby added to read as is more specifically stated in Exhibit 'A' dated December 14, 1976, as revised by Exhibit 'B' , attached hereto and made a part thereof. SECTION 5: Section 25.39-2. 10 of Ordinance 99 is hereby repealed. SECTION 6: Section 25.39-2. 10 of Ordinance 99 is hereby added to read as follows: 25.39-1. 10 Delegation of Authority The DRB may, at its discretion, authorize the Director of Environmental Services to approve or cause to be modified, sign applications not exceeding $1,000 in value, exterior remodelings not exceeding $2,500 in value, and proposed additions to commercial buildings not exceeding a change or increase in 25% of the total square footage. SECTION 7: The City Clerk of the City of Palm Desert., California, is hereby directed to cause this Ordinance to be published within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California, and the same shall be in force and effect thirty (30) days after adoption, PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert City Council , held on this 27th day of January, 1977, by the following I vote, to wit: AYES: NOES: ABSENT: ABSTAIN: I -1- Ordinance 129 NOEL J. BRUSH, MAYOR ATTEST: SHEILA R. GILLIGAN, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA i -2- ORDINANCE 129 EXHIBIT 'B' SECTION NUMBER APPROVED CHANGE .25.38-11.07 Delete - , or within thirty (30) days of opening of escrow, whichever occurs first 25.38-12. 12 Delete - In addition, one ( 1) rider not to exceed five (5) inches by sixteen ( 16) inches may be installed at the bottom of any approved real estate sign. 25.38-12. 13 Delete - or within thirty (30) days from the opening of escrow, whichever occurs first E. STAFF REPORT TO THE CITY COUNCIL ON PROPOSED SIGN ORDINANCE I. REQUEST: That the Council consider adoption of Ordinance 129, including the pro- posed Sign Ordinance for the City of Palm Desert and a proposed Amendment to the Zoning Ordinance to modify Section 25. 39-2. 10 to increase the value of signs reviewed by staff from $500 to $1,000. This request is being made by the Planning Commission by Resolution No. 193 (see attached). II. BACKGROUND: A. History: The City Council , after closing the Public Hearing on October 14, 1976, re- garding the proposed Sign Ordinance which had previously been forwarded to them by the Planning Commission, did refer the matter back to the Planning Commission for re-consideration with direction being given for review of specific areas of the proposed Sign Ordinance. On November 16, 1976, the Planning Commission reviewed the revised draft of the proposed Sign Ordinance which incorporated the concerns of the City Council , plus additional concerns proposed by the staff. III. DISCUSSION OF MAJOR CHANGES: A careful review of the proposed Sign Ordinance, dated December 14, 1976, will reflect a number of minor changes which resulted from direction given by the City Council as a part of their previous review of the Sign Ordinance. In ad- dition, a number of other minor changes have occurred as part of the Planning Commission's additional review of the Sign Ordinance. Rather than go through all the changes in detail , the staff proposes to discuss the major changes which resulted from this last review of the Sign Ordinance by the Planning Commission. A. Real Estate Signs - General The Commission had a great deal of input from the real estate profession with regards to real estate signs and as a result of this input, the following changes were made: The limitation of real estate signs being removed within thirty (30) days of the opening of escrow has been deleted throughout the Ordinance. In addition, the Commission is recommending that a rider be al- lowed for each real estate sign of a �size not to exceed 5"x16" to be installed -1- at the bottom of any approved real estate sign. Finally, the Commission is recommending an off-site directional sign to be allowed during an open house period not to exceed three square feet. B. Recommended Additional Revisions: If the Council agrees with the Commission's recommended changes, three addi- tional revisions are necessary to carry out the philosophy of the Planning Commission with regards to limitations on real estate signs and the addition of riders. Please note Exhibit "B" to Ordinance 129. In the Commission's action on the revisions of the proposed Sign Ordinance, they neglected to make necessary changes to these three sections, which should be done as a part of the adopting of the Ordinance to carry through the Commission's philo- sophy. In addition, if the Council elects to make any further revisions to the Ordinance, they should be incorporated in this exhibit as a part of the motion. In terms of procedure, it may be appropriate after completion of the Public Hearing on the Sign Ordinance, to obtain a consensus on other changes before the Ordinance is acted upon in total . -2- C; Format Revisions In order to improve the reading of the preliminary Ordinance , the staff has taken the opportunity to revise the format of the pro- posed Sign Ordinance into clearer categories; which includes placing related sections together into larger groupings so that they may be more readily found by the layman. D. Substantive Changes Throughout the proposed Ordinance, the staff has made a number of minor changes with regards to the content of the Ordinance. The intent of most of these changes was to clarify or improve the in- tent of the Ordinance. If the Commission were to relate the revised Ordinance with the original Ordinance, they will find a number of minor word changes which should not be of major concern during the Hearing. However, during the revision of the Ordinance, staff did make a number of substantive changes which are as follows: 1. Under the Adjustment Section, the percentage limitation for the ability to grand adjustment by the Zoning Administrator has been increased from ten percent (10%) to twenty percent (20%) and the issue of pitched roofs has been clarified. 2. Under the provisions dealing with Temporary Signs , both for Sale Purposes and Other Purposes, the attempt has been to go to a specific size maximum versus a percentage maximum to im- prove the enforcement capability of the staff. � 3. The matter of dealing with Vehicle Identification Signs has been further concentrated only into the area of portable, free standing signs situations versus what was discussed un- der the previous Ordinance. ..4. Some clarification was made in the area of Signs for Condomini- ums regarding the ability to have more than one (1) main entrance sign at the entryway to the condominium area. 5. Clarification regarding U'all Sign height has been provided. 6. The Internal Illumination Size Reduction has been eliminated from the revised Ordinance. 7. The major revision to the proposed Ordinance deals with the proposed amortization program which will be discussed in the next section of this report. DISCUSSION OF SIGN AMORTIZATION ALTERNATIVES: A. Introduction The Council in their review of the proposed Sign Ordinance felt that one of the critical areas for reconsideration by the Planning Conuuis- sion was the removal or amortization program. The Council suggested to the Planning Commission that they review the full possible range Page Three DISCUSSION OF SIGN AMIORTIZATION ALTERNATIVES: A. Introduction (continued) of methods available to amortize and remove non-conforming signs ; using a criteria of finding the most equitable period for all signs, including the ability to get the major non-conforming signs down as soon as possible, and to consider the ease of enforcement by the staff. Further, the Council indicated, some concern with regards to limiting the amortization or reuxoval schedule only to those legal , non-conforming signs and to concluc� that signs without a permit should be immediately removed. The following description of the many possible amortization or removal programs will be divided into an analysis of signs with permits and signs without permits. The key consideration to any sign amortization or removal program is that it must be uniform and equitable to everyone. Of all the possible controls that could be applied through the zoning powers of the community, this element is one of the most litigated areas. The courts have been firm in their position that there is a correla- tion between the value or the cost of signs and any proposed amorti- zation or removal program. The Planning Commission must, therefore, weigh the fact that it may not be possible to remove all the more objectionable signs initially, and then, move on to the less objection- able signs; because generally the more objectionable signs are the signs of greater value, in that they are larger and more substantial , etc. Finally, the Commission should be aware that over the long run, the provisions of the proposed Ordinance regarding change of owners, ex- pansions, and remodelings will result in a large number of the non- conforming signs being removed in a relatively quick span of time. In reality then, the method of amortization may not be of much a con- tern as initially determined. This is particularly true the longer the amortization schedule is. This is based upon the recognition that the businesses in the area tend to be upgraded in some manner over a long span of time; and the City has within its Design Review Board Process and the provisions of the proposed Ordinance, the abili- ty to substantially affect the non-conforming signs related to these businesses proposing to change in some manner. Surprisingly, this is even true with the existing six billboards in the community in that five out of the six are located on vacant lots and could be required to be removed as a part of the ultimate development of .those lots. The only exception is the billboard easterly of the Texaco station on the North Frontage Road at Cabrillo and Highway 111. B. Non-Conforminq_ Signs without a Permit 1. Existing Proposed Ordinance Provisions - The proposed Ordinance gives the City the ability to require all signs without a permit to be removed immediately upon the effective date of the proposed Ordinance. In the initial review of the existing signs in the community, out of a total of approximately 380 signs that do not conform to the initial draft of the Ordinance, approximately 237 signs did not appear to have permits. In effect, the character of signs in the community could be substantially affected by the elimination of about two-thirds of the non-conforming signs imme- diately, if this alternative were to be implemented. The problem with this approach is that if a longer amortization schedule is established for the remaining one-third of the signs, there appears to be some inequity in requiring a substantial por- tion of the non-conforming signs to be removed, simply; because they do not have a permit or there is no evidence in the City's files or in the County' s files that a permit was ever issued. Whereas, if the amortization schedule for the remaining one- third of the non-conforming signs was reasonably short, the in- equity of such a program would not appear to be a problem. Page Four DISCUSSION OF SIGN AMORMATION ALTERNATIVES: D. Non-Conforming Signs without a Prrinit (continued) 2. The Grandfather Approach - One approach which is taken by many Tities and is pursued by the County is to, "grandfather in" , the signs without a permit and to allow them to continue either for a specified time, the length of the amortization schedule as applied to the signs with pernrits, or for the life of the signs. The problem with this approach is the possible credence given to an illegal act which may be carried over as an enforcement prob- lem forever. In other words, if the installation of a bootleg sign is sanctioned in any way by the City, it may result in a feeling by subsequent businesses that they have some license to not conform to the permit procedures of the community in their installation of signs. Further, the lack of review of the in- stallation of the signs has a potential negative effect on the community from the standpoint of the City not knowing the quality of construction, or, how safe the sign is in terms of construction. Such an unknown is a major concern of the staff; therefore, we would not recommend any such approach. 3. The Two-Phase Permit Procedure - Another approach to handle the signs that previously do not have a permit would be to allow them to exist as long as the other non-conforming signs with permits, q ermits but require them to be inspected and a temporary permit be issued for the life af .the amortization period. Depending upon the length of the amortization period, this may or may not be a valid alternative. The longer the amortization procedure, the more credence such an alternative would be given. However, such an approach does increase the workload for the staff. 4. Staff Recommendation - Implement the proposed Sign Ordinance pro- visions which would require immediate removal of all non-conforming signs without permits. No justification appears to exist to permit such signs to continue any longer than it would take to get them removed or brought into conformance. Further, the recommended a- mortization period for legal , non-conforming signs will follow fairly close to the removal of the illegal signs. C. Non-Conforming Signs with Permits 1. The Grandfather Approach - One approach pursued by many cities and the County of Riverside is to not provide any amortization schedule in the Sign Ordinance. In other words, allow the signs that exist prior to the Sign Ordinance to remain for their life. Such an approach is favored by many cities and counties on the basis of it having no effect on the existing businesses or from the standpoint or not having to remove existing signs. In addi- tion , such an approach, if the proposed Sign Ordinance is more restrictive, does give the existing businesses a more favorable competitive position with newer businesses. The problems that arise with such an approach occur in the in- stances where a change is proposed from a relatively liberal or- dinance to a more restrictive ordinance. The tendency of a new business who observes the existing signs and is told by the City of the present more restrictive Sign Ordinance requirements , is to ignore the permit procedure approach and simply install a sign in conformance with the existing signs; therefore, the effect of such an approach is a tremendous enforcement program for the City. Page Five DISCUSSION Or SICN AMORTIZATION AITERNATIVES: C. Non-Conforming Signs with Permits 1. The Grandfather Approach (continued) Further, in communities where most of the existing non-conforming signs are clustered and new development tends to occur somewhat removed from the established areas, there becones a real dichotomy between the two areas which can result in a negative effect upofi the more established areas. One can see such examples in many communities in California where development has occurred not in the older area, which is normally the downtown, but the commer- cial development moved out from the downtown and developed under more stricter sign control . One of the negative feelings generated by the downtown results from the more garish sign approach which may be one of the major causes of a loss in the competitiveness of such an older area. One of the ways this tradition is broken by communities is to modernize the downtown, which includes re- moval of the older, run-dorm, larger signs. The use of an amortization schedule for a sign ordinance in ef- fect, has a face lifting impact upon the more established com- mercial area. Oftentimes, the remodeling of the signs also re- sults in the facilitating of the building. All of which results in an improved appearance of the more established area. Finally, the lack of an amortization approach may result in a deluge of variance requests by new businesses requesting con- formance to existing signs versus the new ordinance. Such a request is natural from a competitive standpoint for the new businesses. History has shown that through the change of Coun- cils and staff, there is a tendency to revert either back to the previous sign ordinance or some standard in between the new ordi- nance and the previous ordinance. Such a situation becomes an unwritten sign ordinance which is legally impossible to enforce. 2. Time Limit Approach - The most typical approach for amortization schedules for sign ordinances is the establishment of a time limit for removal or modification of the signs. There are generally two types of time limit .approaches. First is the sliding scale approach based upon the value of the sign with the most expensive signs being removed last. This allows the construction costs and replacement costs to be amortized by the business before the sign is removed. Typically, a five year or higher time limit period is utilized. The courts have ruled that a lesser perior of time must have special circum- stances before it would be justified. In review of the attached surveys, a time limit of three to five years is fairly standard. Secondly, a single limit approach is used by many cities which in essence says that all signs that are non-conforming must be removed at the end of a specific time period; such as three years or higher. Such an approach gives equal equity to any sign regardless of value. Generally, this approach is favored by many cities, in that it does give a reasonable time for existing establishments to bring their signs in conformance. It also provides a new business with a sense of knowing that the sign they are installing is going to be compe- titive eventually with all the signs in the community. 3. Modified Approaches - There are a number of other modifications of the time limit approach. They deal with the use of a time limit plus some other special provisions. The first is the time limit plus acquisition approach which was used by the City of Palm Springs. This approach provided for the ability of the city to participate in the removal of the sign , if the owner de- cided to remove the sign before the expiration of the amortization schedule. The participation consisted of the city financially providing for the remaining cost of the sign plus the removal costs. In discussing this approach with the City of Palm Springs officials, it was found that while the provisions were in the ordinance, the never utilized. A second ' approach was ver approach is a u acquisition pp Page Six DISCUSSION OF SJG14 AMORTIZATION ALTERNATIVES: C. Non-Conforming Signs with Permits 3. Modified Apliroaches (continued) dual schedule approach which was suggested by the staff to the Council . This consisted of an initial schedule .Aich provided for signs of minor non-conformity to remain for the life of the sign. Further, the major non-conforming signs would be removed within a specified period of time. A third approach is an •anrortization schedule on the basis of the type of sign, such as a ground sign , roof sign, and wall sign. Such an approach may be hard to implement in that again it is not related to the value of the sign, bur rather to the type of sign which may not be given any credence by the courts. The only reason that such an approach is even suggested is the fact that typically the most non-conforming signs in the community are ground signs, which if removed initially would drastically affect the character of the commercial area. Further, a second most negative type of sign is the roof sign, if those signs were removed, the appearance of the commercial area would be further improved: The remaining signs, which are wall signs, are not that substantial or have that major of an impact on the character of the community and, therefore, could be removed last. Finally, the fourth modified time limit approach which is favored by staff is to utilize a five year sliding formula, but base it on the market value of the sign versus the original value. Market value is established as the original value of the sign plus in- stallation costs less ten percent ( 10%) of the original value for each year it is in place. This means that the older the sign, the less value it would have. 4. Staff Recommendation - Staff believes that the modified sliding scale approach having two schedules and using market value should be adopted uy the City. This approach provides for a reasonable and equitable method of removing the non-conforming signs. It is estimated that a majority of the non-conforming signs would be re- moved during the first two years, which would be compatible with the immediate removal schedule for the illegal signs. Page Seven CITY COUNCIL REPORT ON PROPOSED SIGN ORDINANCE F. APPENDIX v PLANNING COMMISSION RESOLUTION NO. 193 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ORDINANCE 129, WHICH PROPOSED TO AMEND THE PALM DESERT ZONING OR- DINANCE ESTABLISHING A NEW SIGN ORDINANCE FOR THE CITY OF PALM DESERT, CALIFORNIA, AND AN AMENDMENT OF SECTION 25.39-2.10. CASE NO. SIGN ORDINANCE I WHEREAS; after closing the Public Hearing, the Palm Desert City Council did, at its regularly scheduled meeting of October 14, 1976, refer the proposed Sign Ordinance back to the Planning Commission for reconsideration, including a proposed amendment of Section 25.39-2.10; and, WHEREAS, prior to that action, the City Council did review and certify a Final Environmental Impact Report, after a duly noticed Public Hearing, at its regularly scheduled meeting of July 22, 1976; and, WHEREAS, the City staff did review the concerns of the City Council and prepare a revised proposed Sign Ordinance, including an amendment of Section 25. 39-2. 10, which were submitted to the Planning Commission for con- sideration at a duly noticed Public Hearing on November 16, 1976, and the continued Public Hearing of December 14, 1976; and, WHEREAS, at said Public Hearings, the Planning Commission did take into consideration the reports of the City staff, local residents, and other interested persons; and, WHEREAS, the Planning Commission finds the following additional justifi- cations for recommending approval of the revised Sign Ordinance and amendment to the City Council : 1) The revised Sign Ordinance does more accurately reflect the needs of the community for signs appropriate with the character of the community. 2) The proposed amortization program is more equitable and reasonable for all businesses affected. 3) The proposed revised Sign Ordinance establishes a reasonable and compatible sign program for new development in the community and the proposed Ordinance Amendment provides for a more reasonable review program. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: -1- t Planning Commission Resolution No. 193 1. That the above recitations are true and correct and do constitute the findings of the Commission in this case; 2. That it does hereby recommend approval of the attached revised Ordinance 129, which would establish an amendment to the Palm Desert Municipal Code to provide for the City's first Sign Ordinance, as attached to the proposed Ordinance 129, subject to the revisions as specified in the attachment, labeled Exhibit 'A' to this Resolution; 3. That it does hereby recommend approval of an amendment of Section 25.39-2. 10 as specified in the proposed Ordinance 129; 4. That it does hereby recommend to the City Council the adoption of Ordinance 129, as amended. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert Planning Commission, held on this 14th day of December, 1976, by the following vote, to wit: AYES: BERKEY, KELLY, PALLS, READING, WILSON NOES: NONE I ABSENT: NONE U ABSTAIN: NONE S. ROY WILSON, CHAIRMAN ATTEST: PAUL A. WILLIAMS, SECRETARY ,PALM DESERT PLANNING COMMISSION t -2- . fi t d ' PLANNING COMMISSION RESOLUTION NO. EXHIBIT 'A' I RECOMMENDED REVISIONS TO ORDINANCE 129 � y SECTION CHANGE 25.38-2. 13 A sign O+MO$o with an immediate source of illumination that is completely enclosed by the surface of the sign structure. 900 u, OW W1040 71VMt°00f00t 0A77 V0f ono00 =' too U01 00070000ot tot $Wto foot mA$0too �. At too 1101 foot ftoo too $1001 h; -y 25.38-2.24 0oM1f7o JOWAf10At100 Wo$ E� J00M107o 10oVt1f1$AtA00 1 $MA77 0000 W $1V0 AttA000 to A 0 A00 ONO AAWt1$o$ r: trio 00OW$ 04N Aoolot 004000VO10M WMA0 AVY W0000 to too 00OW01 a'. RESERVED - S; 25.38-10.01 During a period of time when realty is offered for sale or rent; a sign so indicating, but not exceeding three (3) square feet in area or four (4) feet in height. may be located on the proper- ty. No real estate signs shall be located on a roof, project from a building face, or move in any manner. Any such signs shall be removed upon the rental of the property or 'upon the completion of escrow. Of HMO O TT1tt0 007 NO ftoo too 000HO 0f 0$00141 OW WO 0tt4t% f1/$tl After the effective"date of this Section, no person engaged in the real estate business as a broker, salesman, or otherwise, shall use or place signs on property being offered for sale or lease unless said sign program has first received approval from the Director of Environmental Services. Prior to requesting approval of any real estate signs, evidence of a valid City business license shal l be provided. In addition, one rider not to exceed 5" x 16" may be installed to the bottom of ao�ap oved pr real estate sign•— 25.38-10.03 Add - One off-site directional sign:may be per- mitted for an open house subject to'the follow- in provisions: 1 shall not exceed three J�J square ;feet; !- no f1ag5;or banners shall be;,�used; : 3) to be located::on rip 'vate property onl 4 limited to one sign only. 25.38-11.07 Add - In addition one rider not to exceed 5" x 1E ma be installedt the o�ttom of any approved real estate si n.— 25.38-12.11(4) Delete - 0Vo ►4A77 $1001 00f WHOM too ,Clod $VOAto foot 10 Wo 01to too 0t001$�00 fot MOMAM7o 0000 1$ 00 0�1tto0 to $00ofWo ;$ W0J $A7o$' «- A00 000M to7000 to 001XOAO140 goo/0t.t0fi0AW :H $190$ $MA77 00 00019fool " s K,.T f:: t PLANNING Crl"°MISSION RESOLUTION NO. 19 ,' r ; EXHIBIT f4 v F SECTION CHANGE 25.38-12.12 Add further, where�th'e unique design of the a•. ; 4; w center"allows -for adequate integration of a larger sign the permitted pedestrian traffici signs as allowed in ;Section - 25.38-12.05may.;be increased to a .maximum of six (61 square feet t 5er side. In addition; one. rider not to`?exceed , x 16" -ma be installed at the bottom of any approved real estate sign , � 25.38-13 A mobile home park shall be al Towed"one (1) .ex- ternally lighted or unlighted identification,,sign not exceeding the equivalent of one (1) square foot of sign area per ten (10) lineal feet of frontage o each right-of-way upon which the business fronts. No sign shall have a surface area of greater than thirty (30) square feet O+ 00 and may be erected at right angles to the right-of-way. 25.38-13(2) Add - In addition, one rider not to exceed 5" x 16" may be installed at the bottom of any approved real estate sign- 25.38-16.04 Add - As an alternative, a decal issued �y the City as a part of the sign approval rop cess ma be pp-laced on the sign at a location ;visible and readable from the up blic or rip 'vate 'ri ht-of-way. 25.38-17.06(9) The City shall establish a separate account to be entitled "Political Sign Removal ", for the purpose of holding and accounting for tY0$0 Ia00f0$ the cash bond requirements of this sec- tion. Monies from this account will be used to remove s�iygns__s illegelly led. Any surplus monies from s account �+fl may, be used to ,• remove signs f770g$jjt posted without a bond 25.38-18.07 Any sign that is .in non-compliance with the regulations of this Article shall be removed prior. to or upon the date designated for removal i ; the above abatement ,schedules. If the owner of, or the persons responsible for, the sign fails to remove the non-conforming sign, t0 0000 Of M 0t0Of$0% 0000 OWN too $Xoo f$ 1000t00 $00171. 00 t0$000$f010 tot W NNW Of tMo $f00 000 too 000 $0017 00 0000 WN A Afoot$ 001 OW folloofoo tMo 0$t0'of 000f000fONW01 700 W0000t0 fot M WOW of 07l 0000oofoN106 $fgo$ 0971 00 A$ follo0$l with- in ten 10 days following notification, such non action may be corrected at the option of the City,r Council as a violation of this Ordinance, or the Council mayselect to pursue the following procedur 25.38-18.08(1)a Change 0OOotfl00t$o0/to read Council'Member. 25,38-18.08(1)b Change Attot00Y$ to read Retail Businessmen. 25.38-22 Penalties ny person, firm, or corporation willfully viola-_ , ting any of the provisions of this OfOW000 Article shall be 60f7tt' of 0 ►�f$0000000t 0041 ,0000' ��fdo tM0t00f1 $nAll �0 �oof$}i$070 0� $ d�0rtff; 16M ffo0 of Dot AM MA Wo Wot00 0077$t$ W003 of 0t f00tf$oo000t fot 0 WHO oot W0041 09 MA tol MUM of 000 Wo ff00 000 WNW 00otl subject to the provisions of LjIX Ordinance 57,_ as amended from time to time. gg -2- ♦ . MINUTES PALM DESERT PLANNING COMMISSION MEETING NOVEMBER 16, 1976 7 PM - CITY HALL COUNCIL CHAMBERS I . CALL TO ORDER The regularly scheduled meeting of the Palm Desert Planning Commission was called to order by Chairman Nilson at 7:00 p.m. in the Council Cham- bers of the Palm Desert City Hall . II . PLEDGE - Commissioner Kelly III . ROLL CALL Present: Commissioner BERKEY Commissioner KELLY Chairman WILSON Absent: Commissioner MILLS (excused absence) Also Present: Paul A. Williams - Director of Environmental Services Hunter Cook - City Engineer Steve F1'eshman - Associate Planner IV. APPROVAL OF MINUTES ( A. MINUTES of the meeting of November 4, 1976 it A motion of Commissioner Kelly, seconded by Commissioner Berkey, to approve the minutes of November 4, 1976, as written, was unani- mously carried. During the discussion of the minutes, Commissioner Berkey indicated a desire to discuss a requirement being made of persons representing property owners to have written authorization to present to the Plan- ning Commission. Chairman Wilson suggested that this subject would be better discussed under Comments at the end of the Agenda with which Commissioner Berkey concurred. V. WRITTEN COFiMUNICATIONS Mr. Williams stated that he had two written items that he preferred to save for the Comments section of the Agenda. VI. PUBLIC HEARINGS Chairman Wilson explained the Public Hearing procedures to those present. A. CASE 00. ZOA. 02-76, THE SIGN ORDINANCE Review of a revised Section 25.38 of the Palm Desert Municipal Code and an Amendment to Section 25.39-2. 10 of the Palm Desert Zoning Ordinance. Mr. Williams reviewed the staff report on the revised preliminary Sign Ordinance. Mr. Williams' review included a complete history of the Sign Ordinance, including the fact that the City Council , at their meeting of October 14, 1976, had referred said Ordinance back to the Planning Commission for reconsideration with revisions in specific areas. Mr. Williams then explained that several minor revisions had been made for clarification purposes. Mr. Williams also mentioned the surveys that were attached to the staff report and the alternatives regarding the amortization schedules. He then � • stated that staff was recommending that the Planning Con.rission con- sider this revised Sign Ordinance tonight and also consider the Zon- ing Ordinance Amendment, which increased the value of s;: gns that may be reviewed by staff from $500 to $1,000. Chairman Wilson asked if there were any questions of staff at this time. Commissioner Kelly asked for a clarification regarding Section 25.38- 3.04 (Permit Record Requirement). Mr. Williams explained that the permit would be placed on the sign itself and that it would be a small stick-on type of permit. There %•,,as a short discussion regarding the permits and the problems that could result from their placement on the sign itself; such as, getting in the way of the aesthetics of the sign, children walking by and pulling the stickers off, etc. Mr. Williams did agree that these would definitely present some problems. Commissioner Kelly asked for some clarification regarding Signs on Public Property and Signs Not Advertising the Use, etc. Mr. Williams provided the clarification -in both instances. Commissioner Berkey stated he had no questions of staff at this time. Chairman Wilson stated he had some questions but would wait until after the public had given their input. He then declared the Public Hearing open on Case No. ZOA 02-76 and asked if anyone was present who wished to speak to the Commission in favor of the proposed Ordinance. Being no one, Chairman Wilson then asked if anyone was present who wished to speak to the Commission in opposition to the proposed Ordinance. 0 o NESTOR M. NOE, 73-677 Highway 111, spoke to the Commission and Z stated that he wanted to clarify that he was neither for nor against the proposed Ordinance. He stated that he was speaking a n as a representative if the Business Men's Association of Palm w Desert. Further, he stated that he had just received a copy of D the Ordinance this afternoon and that it was quite a lengthy do- 0' cument; therefore, he felt that additional time should be granted .I to allow his organization to review the Ordinance. He requested that the Commission not pass the Ordinance tonight. Chairman Wilson asked Mr. Williams why copies of the Ordinance were not made available sooner. o Mr. Williams answered that Mr. George Kryder and Mr. Noe had o received copies of the Ordinance this afternoon. However, w Mr. Kryder had previously received the detailed su9gestions Q of the City Council and that the additional revisions were w 0 minor except for the amortization program. Further, he j m stated that both Mr. Kryder and Mr. Noe had come into City z Hall and had reviewed the Ordinance with him. He also felt I that they were most concerned with the amortization section. Chairman Wilson asked if anyone else wished to address the Commission in opposition to the proposed Ordinance. MORRIS REICHLEY, (Lou Reichley Realtors) , 74-275 Highway 111, stated he would like to ask staff a question. He asked Mr. Williams what the realtors would have to go through to get a sign approved. He also asked what reaction was going to be taken on "riders". He stated that the signs were limited. to three square feet and that he felt this was not a large enough area to permit "sold" riders or "by appointment only" riders. He requested that the Ordinance be revised to allow for additional square footage on real estate "for sale" signs. Mr. Williams explained that realty signs needed the approval of the Director of Environmental Services; that examples of the proposed signs would have to be presented for said approval ; and they would then go on file with the Code Enforcement Office. No% ' 5, 1976 Page Two • Mr. Williams further explained that the Chamber of Commerce Sign Subcommittee had discussed the "rider" situation on real estate ! signs some time ago and that their conclusion was that the three square feet provided sufficient room and that the "riders" must be embodied within the three square foot area. Chairman Wilson asked if anyone else was present wishing to address the,, Commission in opposition to the proposed Ordinance. Being no one, -Chair- man Wilson closed the Public Hearing and asked the Commission to take the matter under consideration. Chairman Wilson stated that he was disappointed that there was so little public input regarding the Sign Ordinance. He further stated that the Commission could only be as effective as the input it received from the community. He also stated that Mr. Noe had brought up a valid point and that the Commission should consider a possible continuance of this matter. He then stated that it might be well to discuss some of the input received regarding the realty signs. Commissioner Berkey stated that if the Hearing was going to be continued; he thought it would be appropriate to continue it now rather than start a discussion on any matters pertaining to the Ordinance. Chairman Wilson asked the Commission what their feeling was. Mr. Williams suggested that if a continuance was in order, it would be necessary to re-open the Public Hearing. He further stated that if the Commission decided to continue the Hearing, staff would recom- mend. the 2nd Planning Commission meeting in December, which would be December 13th. Chairman Wilson asked Mr. Williams if he felt more input could be received o 1 if the matter were continued; if there was ample press notification. He p ,,also asked Mr. Williams if the public was aware that copies of the Sign Z Ordinance were available and if so, would members of the business com- munity pick up the available copies. a � Mr. Williams stated that it. it were made known .to the press that z ems`, copies of the Sign Ordinance were available; he felt that people would come in to pick them up. Mr. Williams then stated that he would like to correct his earlier statement regarding a proposed date for the continuance of the Hear- ing. He then suggested December 14th as being the correct date. Chairman Wilson stated that it has been a long time since the Commission had started on the Sign Ordinance and that according to the history which staff had provided, the first discussions regarding this Ordinance began in January of 1975. He further stated that rather than create a situation where the Commission passed the Ordinance and it went to the City Council q for approval and then was referred back again to the Commission; he felt I a continuance would be in order. Commissioner Kelly stated that she agreed with Chairman Wilson. Mr. Williams then stated that he felt the Business Men's Association had been working very diligently on the previous draft. He also stated that he felt the concern of the businessmen was simply that wo they wanted ample time to review the proposed Ordinance and that a z month would provide ample time to accomplish their review. w Commissioner Berkey stated that he felt another month would be worthwhile U)i and that possible after that time, the Commission would receive a little I more public support and that it should be made knotim to everyone that copies were available for review. Z The Commission then agreed that it would not be appropriate to hold a 1 discussion if the matter were going to be continued. Chairman Wilson then re-opened the Public Hearing on Case No. ZOA 02-76. 1 Pan^ Three Commissioner Berkey moved to continue the above case to the Planning ._ Commission meeting of pecember 14, 1976. Commissioner Kelly seconded - the motion; motion unanimously carried. VII. OLD BUSINESS None VIII. NEW BUSINESS y A. DISCUSSION OF ARTICLE ON FAST FOOD CHAINS Mr. Williams opened the discussion regarding fast food chains and stated that the article was presented to the Commission for infor- mation purposes as it was an extremely interesting article and would provide some insight to the Commission. He further stated that here in Palm Desert, we already have two businesses that would fit into this category. Chairman Wilson asked if there were any comments from the Commission on the article. o Commissioner Berkey stated that the most important matter was the �+ matter of approval based on broad standards.- He stated that if Wspecific standards are written in ordinances; such as, architecture, landscaping, etc. , the builders would know what they were up against. Commissioner Kelly stated that we had not had any problems with our pii MacDonalds, other than the traffic situation. z , Mr. Williams agreed with Commissioner Kelly and stated that the. usual problems of juveniles loitering around and trash in the area did not exist with MacDonalds. He further stated that he thought it was a very successful design. There was. a short discussion regarding the traffic situation near MacDonalds. o Chairman Wilson stated that he was also pleased with the lack of trash z n the area of MacDonalds. He then asked if there were any additional Z comments on the article. v w �i Commissioner Berkey pointed out that the Commission should take o a look at the Zoning Ordinance and give some thought to specific z quidelines for this type of situation. B. DISCUSSION OF ARTICLE ON REASONABLE DEVELOPMENT REGULATIONS Mr. Williams opened the discussion by stating that in the joint meetings that the Con-mission had had with the City Council , this issue of development regulations had come up on a regular basis. Further, he stated that he had provided this article to the Com- mission because he felt it was a good article and would provide some food for thought. The Commission briefly discussed development regulations. Commissioner Berkey ended the discussion by pointing out that most developers were willing to conform with government regulations; but they would like to know what they were from the very beginning. 4 r k / . MINUTES PALM DESERT PLANNING C0114ISSION MEETING NOVEMBER 30, 1976 . 7. PM - CITY HALL COUNCIL CHAMBERS . I . CALL TO ORDER I The regularly scheduled meeting of the Palm Desert Planning Commission was called to order by Chairman Wilson at 7:00 p.m. in the Council Cham- bers of the Palm Desert City Hall . II. PLEDGE - Commissioner BERKEY III. ROLL CALL: Present: Commissioner BERKEY Commissioner KELLY Commissioner MILLS Chairman WILSON Also Present: Paul A. Williams - Director of Environmental Services Jeff Patterson - Deputy City Attorney Steve Fleshman - Associate Planner Sam Freed - Assistant Planner As required by Article 20 of the California Constitution, Deputy City Attorney Patterson performed the swearing in ceremonies for Mr. F. CHARLES READING, for the position of Planning Commissioner. Chairman Wilson congratulated and welcomed Commissioner Reading. IV. APPROVAL OF MINUTES A. MINUTES of the meeting of November 16, 1976. Mr. Williams suggested the following corrections to the above listed minutes : Page 2, 9th paragraph, 4th line, change the word "if" to "of". Page 2, 9th paragraph, 6th line, change the word "this" to "that". Page 2, llth paragraph, 2nd line, change the word "this" to "that". 1 Page 3, 8th paragraph, 1st line, change the word "it" to Page 3, 13th paragraph, 2nd line, change the word "possible" to "possibly". Page 4, 5th paragraph, 1st line, change the phrase "stated that we had not had" to read "inquired if we had had". Page 4, 10th paragraph, 3rd line, change "quidelines" to "guide- lines". Page 6, 1st paragraph, 3rd line from the bottom, change "ths" to "the". A motion of Commissioner Mills, seconded by Commissioner Berkey, to ap- prove the minutes of November 16, 1976, as corrected, was unanimously carried. V. WRITTEN COMMUNICATIONS Mr. Williams stated that the only written communications were those dealing with the cases before the Commission t6night. V. WRITTEN COMMUNICATIONS A. Letter from David J. Erwin, City Attorney. Mr. Fleshman explained that this letter was in response to the Commission' s request for guidance pertaining to persons claiming to be representatives of property owners during Public Hearings. Mr. Fleshman further stated that it would be up to the staff to enforce this problem; and that the Board of Realtors would be informed as to the procedures to be followed. B. Letter from Henry F. Hoyle. Mr. Fleshman explained that this piece of correspondence was received in today' s mail and that it contained several comments relative to development in Palm Desert and the proposed Sign Ordinance. Mr. Fleshman stated that this letter was being presented to the Commission with the request that they receive and file it. Further, he stated that if the Commission so desired, staff would send a letter in response to Mr. Hoyle' s letter. Commissioner Berkey agreed that staff should send a letter of response and include a thank you to Mr. Hoyle for his interest and comments. The Commission concurred. VI. PUBLIC HEARINGS Chairman Wilson asked that it be noted for the record that the Commis- sion had met in a Study Session prior to tonight' s meeting for the purpose of asking questions of staff and to look at the proposed Or- dinance page-by-page. Further, he stated that no attempt was made to arrive at any decisions. Chairman Wilson then explained the Public Hearing procedures to those present. A. CASE NO. ZOA 02-76, THE SIGN ORDINANCE Review of a revised Section 25.38 of the Palm Desert Municipal Code and an Amendment to Section 25.39-2. 10 of the Palm Desert Zoning Ordinance. (Continued from November 16, 1976. ) Mr. Fleshman reviewed the staff report with the Commission. His report included a brief history of the proposed Ordinance. Mr. Fleshman noted that there had been 16 sessions regarding the Ordinance and at least that many revisions were made. He then reviewed the 7 substantive changes that were made to the Ordinance, since the Ordinance was approved by the Planning Commission last summer. Said changes related to the Adjustment Section, the Temporary Signs Section, Vehicle Identification Signs, Signs for Condominiums, Wall Signs, Internal Illumination Size Reduction, and a major revision to the Amortization Program. Mr. Fleshman then advised the Commission that the staff had again reviewed the Ordinance since the November 16th Planning Commission meeting and that two additional changes should be considered by the Commission. These changes deal with Real Estate Riders and Off-Site Directional Signs. Mr. Fleshman stated that staff felt that the "real estate riders" may be allowable if they were limited to one and of a specified size. However, he stated that the staff still felt that the "off-site directional signs" were in direct op- position to the policies and goals of the Sign Ordinance., Finally, Mr. Fleshman stated that staff was recommending adoption of Planning Commission Resolution No. 193, including the Amendment to Section 25.39-2. 10 of the Zoning Ordinance. Pa(le Two Chairman Wilson asked if there were any questions of staff at this time. Being none, he declared the Public Hearing open and asked for testimony in FAVOR of the proposed Ordinance, as it was being recommended by staff and as it has been modified. Being no one wishing to give testimony in favor of the proposed Ordinance, Chair- man Wilson then asked if there was anyone present who wished to give testimony in OPPOSITION to the proposed Ordinance. GEORGE KRYDER, (Owner of Nelsha's Draperies at 44-850 San Pablo) spoke to the Commission as President of the Retail Merchant's Division of the Palm Desert Chamber of Commerce. He mentioned that MR. NESTOR NOE, who is the Vice President of the same divi- sion, was also present. Mr. Kryder stated that they had made comments on the original draft of the Ordinance and that many of the changes had been made and were reflected in the revised Or- dinance. However, he had a few additional comments to make with regards to the latest revisions. Mr. Kryder's first comment was that there should be no regulations for vehicle identification signs as used in the course of every- day business. He stated that the Ordinance as it now reads does not give that protection. . His second comment was that they did approve of the Section dealing with temporary signs; however, the section did not define said signs. Mr. Kryder's third comment related to the use of "open-closed" signs. He stated that there should be some provision for this type of sign. Further, these signs should not be counted as a part of the allowable sign area. His fourth comment concerned the restriction of signs to four colors. He stated that he felt this restriction was unwarranted and arbitrary. He further stated that it was impossible to create a sign with only four colors. Finally, he felt that the Design Review Board could make the color changes and with this authority, there was no need to put restrictions on color compatibility. Mr. Kryder's fifth comment related to the Ad Hoc Amortization Committee. He stated that they had no quarrel with the way the Amortization Commit- tee was going to work. Their objection was to the "make-up" of the Com- mittee as there was no mention of any representative of the Retail Mer- chants of the City. He suggested that under Item "b" of Section 25. 38- 18.080), one of the fields of endeavor should be listed as Retail Busi- nessmen. He then questioned the selection procedure for members of the Amortization Committee. He stated that both the Chamber of Commerce and the Board of Realtors were entirely capable of choosing members and he could see no reason for the City Council to overrule the selection pro- cess. Further, he stated that he had talked with Mr. Dick Coffin, Presi- dent of the Board of Realtors, and that Mr. Coffin had concurred with him on this feeling. Mr. Kryder then stated that he had no additional comments other than a personal one. He stated that he was concerned with the following phrase which was contained in a staff report on the proposed Ordinance: "The intent of the Ordinance has always been directed toward pro- viding the maximum amount of supervision and control feasible by the City." Mr. Kryder stated that it was quite discomforting that the City had this kind of power. He further stated that he disagreed with the City's intent to maintain power; it was not their perrogative, it was the perrogative of the people. December 14, 1976 Page Three MORRIS REICHLEY, 74-275 Highway ill, spoke to the Commission as a representative of the Board of Realtors. He stated that the Board of Realtors had been very instrumental in maintaining property values and that the proposed Sign Ordinance could assist them in that matter. He then thanked the Commission and the City staff . very much for the work that they had done and stated that the Board of Realtors felt very good about some of the revisions that had been made. Mr. Reichley then asked staff for a clarification pertaining to the decals; he asked if this referred to real estate signs also. Mr. Fleshman answered that the decals would be placed on real estate signs and all other signs that were approved. Mr. Flesh- man also referred to the Zoning Ordinance Amendment which staff was recommending, which would raise the value of signs requiring Design Review Board approval to $1,000. Mr. Reichley then informed the Commission that the Board of Realtors was going to try again with reference to directional signs for open houses. He stated that the Board had done a little review on their own and had found out that 80% of people who attended open houses did so because of the off-site directional signs. Further, it was diffi- cult to find houses on some of the side streets and some of the cul- de-sac streets. He stated that even though the directional signs were placed on private property; this was not done without the property ow- ners' consent. Finally, he stated that the Board was policing this situation and they were requesting at least one off-site directional sign, in addition to the house sign, be permitted. Chairman Wilson asked if there was anyone else who wished to speak in OPPOSITION to the proposed Ordinance. GRAHAM DEXTER, 73-757 Highway 111, spoke to the Commission as a member if the real estate business. He stated that he had had the pleasure of working for at least 15 months with the Sign Committee. Further, out of this work, came a deep appreciation for the work and understanding of the City staff. However, he was going to have to disagree with staff concerning their position relating to off- site directional signs. He stated that there was indeed an econo- mic need and referred to Section 25.38-10.05 (Other Signs) : "Any such signs so authorized shall be necessary to preserve a legal right or serve an economic need.. . : Mr. Dexter requested that the Commission revise the Ordinance so that at least one (1) off-site directional sign would be allowed when there was an Open House. Further, he stated that the Board of Realtors had had and will have the ability to police themselves Ithis respect and he would like to assure the Commission that they will have the Board's full cooperation and understanding; if they would just grant this one small concession. JIM RICHARDS, 74-470 Abronia Trail , spoke to the Commission as the owner and operator of the Sandra-La Motor Lodge. He stated that he appreciated the input that had been received from groups such as the Board of Realtors and the Retail, Merchants. However, it seemed that there had not been any input from the motel groups. He stated that he had attended several of the meetings on the pro- posed Sign Ordinance but this was the first time he decided to speak. Mr. Richards asked that the Commission consider the situation he was in; a situation where he has a substantial amount of money tied up in signs, probably $15,000 or $20,000 worth of signs. He stated that there was a considerable amount of "gray area" in the Sign Ordinance. Further, he had attended most of the meetings and read the notices; but he really did not know where he stands. He then stated that he felt that the motel owners should be notified specifically that their signs could be in violation before the Ordinance was passed. a Chairman Wilson asked if there was anyone else present wishing to speak in OPPOSITION to the proposed Ordinance. Being no one, he then asked the Commission if they had any questions they would like to ask of any- one that had given testomony. Commissioner Kelly stated that she would like a little more information about the policing policies of the Board of Realtors. Graham Dexter answered Commissioner Kelly and stated that there would be a committee formed that would take care of the strate- gic areas. Further, he advised that they would keep an eye on the situation and if anyone violated one of the rules or regula- tions, they would let them know. He assured Commissioner Kelly that this situation would .be very well policied and controlled. Chairman Wilson asked if there were any further questions. George Kryder asked if he could submit a copy of his comments to the Commission. Chairman Wilson answered yes, and said comments were received by the secretary. At this time, Chairman Wilson closed the Public Hearing on the Sign Ordinance. He stated that there had been quite a bit of input re- ceived both tonight and at the hearing of November 16th. Further, the Commission had before them the staff' s recommendations and also the concerns which had been raised and asked Commissioner Berkey for his feelings. Commissioner Berkey stated that first of all he had no doubt that "riders" should be allowed on real estate signs. Next, the phrase pertaining to "30 days from the opening of escrow. . ." should be deleted as it was not enforceable. The next matter that Commissioner Berkey addressed was the matter of off-site directional signs. He stated that a precedent would be set by the realtors if the off-site directional signs were allowed and he felt that this matter was adequately handled in Section 25.38-10.05 (Other Signs). Commissioner Berkey then stated that he felt the "open-closed" signs would be justified and that they should not be subtracted from the al - lowable sign area. Commissioner Berkey then stated that he felt the restriction of four colors would be unwarranted and arbitrary; that there were adequate controls under the Design Review Board Process. Finally, Commissioner Berkey stated that he agreed with Mr. Kryder' s feelings about adding a member of the Retail Merchants to the Ad Hoc Amortization Committee. Commissioner Kelly stated that before she got into the issues at hand, she would like to make a comment pertaining to what Mr. Richards had talked about. She stated that it was a shame that people had failed to speak during most of the previous hearings on the proposed Ordinance. She explained that it was very important for the Commission to receive public input and she was sorry that Mr. Richards had not spoken up sooner. Further, she stated that there had been as much press publicity as possible and that she had personally tried to hand out copies of the Sign Ordinance to the public. Commissioner Kelly stated that she felt the number of colors being limited to four would not pose any problem. In relation to the "open-closed" signs, she asked if staff could contribute a little more to the discussion on this matter. Mr. Fleshman stated that it is staff's intent to legislate the "open-closed" signs under the Temporary Signs Section and that "open-closed" signs would not be counted in the total square footage sign area. or 4lTlln :i PI;)L Fib• f • r Commissioner Kelly then stated that she felt that a member of the Re- tail Merchants would be included in the Chamber of Commerce membership as pertained to the Ad Hoc Amortization Committee. With regards to the off-site directional signs, Commissioner Kelly felt that at least one off-site directional sign should be allowed, but there would possibly be a problem with enforcement of this alloca- tion. She questioned staff as to how it could be written into the Ordinance without complicating matters. Mr. Fleshman advised Commissioner Kelly that staff could revise the Ordinance to include off-site directional signs, if the Com- mission so desired. Further, the same requirements would apply to the off-site directional signs as applied to the signs on the property itself. There would be no flags, banners, etc. allowed 6 and the only place the signs would be allowed would be in a single- family zone and on private property, not in the public right-of-way. + Commissioner Kelly commented next on the decals and stated that she felt they were just one more thing to be vandalized. She asked if there couldn't be some type of identification number as opposed to the decals. Chairman Wilson commented that it would depend on the type of decal that was used; possibly the type that wouldn't come off. Mr. Fleshman stated that the decals would be necessary for enforce- ment purposes. Further, the decals would be similar to the "UL" stickers and that they would be required to be visible. Commissioner Kelly then agreed that the decals may not pose a problem. Commissioner Mills stated that he didn't have anything to add; however, he did agree with Commissioner Berkey' s comments in that off-site direc- tional signs should be allowed for the benefit of the real estate people. ' Further, he could see no problem with the decals as proposed by staff. Commissioner Reading stated he had no comments. Chairman Wilson then commented that there was one thing to be kept in mind when you talked about such things as leaving out "open-closed" signs, decals, etc. , and that was that we were all aware of the fact that when an Ordinance is passed, the bugs are worked out by amendments. He stated that the Zoning Ordinance had already been amended a couple of times and that if the Commission proceeded with the adoption of the Sign Ordinance, it should be clear where the needs are and that it would be up to the staff to suggest amendments. Chairman Wilson then stated that he agreed that the phrase pertaining to "30 days from the opening of escrow.. ." would be unenforceable. Next, he commented that he felt a provision for real estate riders should be included in the Ordinance. He then stated that he personally was sympa- thetic to the needs in certain areas to get the off-site directional signs for open houses and he felt that such a provision should be spelled out in the Ordinance. He stated that he thought it would not present a problem if it was not abused, that there should be some means of enforcement, and that there should not be a carnival-like atmosphere. Commissioner Berkey commented that such a provision (for off-site directional signs) should be inserted and incorporated into the Ordinance and that it should be limited to only one such sign restricted to the real estate busi- ness. Commissioner Mills agreed. Chairman Wilson asked staff for their thoughts as to the possible wording of such a provision. While he was waiting for staff's recommendation, Chairman Wilson addressed the following comment to Mr. Richards: "Mr. Richards, if we do approve this Sign Ordinance for adoption by the City Council , I strongly suggest that you sit down with the staff between now and the City Council Hearing and see what effects it will have on your business." I I ' �r 14, 1976 Mr. Fleshman then suggested the following wording in regards to the provision for off-site directional signs: "One off-site directional sign may be permitted for an open house, subject to the following provisions: 1) shall not exceed three (3) square feet; 2) no flags or banners shall be used; 3) to be located on rivate property only; 4) limited to one (1� sign only. Chairman Wilson then asked Mr. Fleshman to review the list of comments ✓*, that had been submitted by Mr. Kryder to make sure that all of the items had been discussed. Mr. Fleshman stated that the first comment pertained to Vehicle Identification Signs and that had been a concern of the business- men for quite awhile. Further, staff had deleted this section from the Ordinance and that the only place it was mentioned in the Ordinance was under definitions. Chairman Wilson stated that he believed Mr. Kryder's concern was to spell out where vehicle identification signs would be prohibited. He then re- opened the Public Hearing and asked Mr. Kryder for additional comments. Mr. Kryder commented that in order to avoid any future misinterpre- tation of the Sign Ordinance; if there was no real need for the de- finition of vehicle identification signs, then the definition should just be eliminated. Chairman Wilson then closed the Public Hearing and asked staff what the purpose was of including a definition of vehicle identification signs. Mr. Fleshman answered that if the Commission desired to delete this definition, it probably would not present any problems. Chairman Wilson agreed that it should be deleted and asked the Commission if they concurred with the deletion of Section 25. 38-2.24. The Commission concurred. Mr. Fleshman continued with Mr. Kryder's list and stated that the next two comments concerned Temporary Signs and Open-Closed Signs; both matters which had been discussed. Mr. Fleshman then suggested that the title of retail businessmen be added to the section concerning the amortization committee. Commissioner Berkey suggested that the retail businessmen membership be substituted for the attorney membership. Chairman Wilson asked for a consensus of the Commission. They all agreed that it would be okay to substitute retail businessmen for attorneys. Mr. Fleshman then suggested that it would be staff's recommendation that it should be left as a matter of City Council policy to decide who the members of the Ad Hoc Amortization Committee should be. Commissioner Kelly stated that there might have been a reason for in- cluding attorneys in the list of fields of endeavors; possibly so that they could provide legal advice. Mr. Fleshman stated that the next issue was the issue of four colors and that staff would stick with their original recommendation that only four colors be allowed, including black and white as colors. Chairman Wilson stated that this was not a new issue and was something that the Commission had wrestled with before. Further, with the Design Review Board Process deciding what was creative and compatible, the re- striction should be left in the Ordinance. He stated that the intent of leaving it in would be to give direction to the developers, etc. Also, it was the intent to help streamline and make the Ordinance more efficient. 14, 1" • Commissioner Berkey stated that he didn't have any strong feelings on this issue but that with the Design Review Board Process, the restric- tion should be kept in the Ordinance. Commissioner Kelly agreed with both Commissioner Berkey and Chairman Wilson. Chairman Wilson then stated that the Commission seemed to concur on leaving the restriction on .signs to four colors in the Ordinance; UA but, he also added that the Ordinance could always be amended at a future date. Chairman Wilson then asked Mr. Fleshman if that completed the list of comments which Mr. Kryder had submitted. Mr. Fleshman answered yes. Chairman Wilson then stated that staff should take all the issues which had been discussed and incorporate them into the proposed Resolution No. 193, Exhibit W . Mr. Fleshman stated that in addition to the changes already listed on Exhibit 'A' , he would like to go through the Ordinance and add the following changes: Page 25.38(2) Section 25. 384. 13 to be reworded as follows: "A sign.with. an immediate source of illumination that is completely enclosed by the surface of the sign structure." Page 25.38(4) Section 25.38-2.24 should be deleted. (Vehicle Identification Signs). He explained that this section would show up as "RESERVED" in the final revision of the Sign Ordinance. Page 25. 38(9) Section 25. 38-10.01, delete the phrase, "or within thirty (30) days from the opening of escrow, whichever comes first". All sections in which Real Estate Signs are discussed shall contain a provision for one (1) additional rider and one (1) off-site direc- tional sign. These sections would be 25.38-11.07, 25.38-12.02 and 25.38-13.02. Mr. Fleshman stated that there was one item (under Gasoline Service Stations) in the Ordinance which he felt the Commission might want to comment on; Section 25.38-12. 11(4) which reads as follows: "One wall sign, not exceeding ten (10) square feet in area with the provision for changeable copy is permitted to advertise special sales and events related to nationwide and/or company- wide special sales or events. No other temporary signs shall be permitted." Chairman Wilson stated that this provision was not allowed anywhere else in the Ordinance and that it was not consistent with the rest of the Or- dinance. The Commission concurred and directed staff to delete Section 25. 38-12. 11(4). Page 25.38(16) Section 25.38-13, change the word."when" in the second to the last line to read "may be". Page 25.38(25) Section 25.38-18.08, under subsection (1), change "Councilperson" to read "Council Member". Page 25.38(25) Section 25.38-18.08, under subsection (2). change "Attorneys" to read "Retail Businessmen". Mr. Fleshman. stated that this concluded the changes that had been discussed thusfar. 1c F icht Chairman Wilson asked if the Commission had any additional .ideas or sug gestions to be included in Exhibit 'A' . Commissioner Berkey raised a question on free standing signs. He questioned the three different heights allowed, being 8 feet, 10 feet, and 12 feet. He felt that 8 feet would be a uniformly adequate height. Chairman Wilson supported that feeling. There was a short discussion regarding height of free standing signs with Mr. Fleshman explaining the height limitations as pertained to commercial and residential zones. He also ex- plained the enforcement and vandalism problems as related to the height of free standing signs. The Commission concurred with staff and agreed that the heightlimitations for free standing signs should remain at 8, 10, and 12 feet. Chairman Wilson asked if there were any other suggestions, ideas to discuss, or possible additions to Exhibit 'A' . Being none, he stated that a motion would be in order. Commissioner Berkey moved that Planning Commission Resolution No. 193 L pted, as modified by Attachment 'A' , forwarding a recommendation proval of the Sign Ordinance to the City Council . Commissioner seconded the motion. an Wilson asked if there was any further discussion. Being none, llowing vote was cast•: ES: BERKEY, KELLY, MILLS, READING, WILSON ES: NONE an Wilson thanked all those present for their input and efforts, vised then that there would be another Public Hearing before the ouncil , on the Sign Ordinance, to be held on January 27, 1977. Chairman Wilson then called a brief recess at 8:38 p.m. The meeting was reconvened at 8:49 p.m. Chairman Wilson asked that it be noted for the record that Commissioner Mills left during the recess due to illness. Chairman Wilson then noted that there were several people in the audience who were concerned with the Design Review Board items; therefore, the Com- mission was going to change the order of business and review the Design Review Board items next. VII. DESIGN REVIEW BOARD ITEMS A. Review of Cases Approved at the Design Review Board Meeting of December 7, 1976. Mr. Fleshman informed the Commission that the Design Review Board had reviewed 9 cases at their meeting of December 7, 1976. Further, all the Design Review Board members were present with the exception of Mr. Buccino. Mr. Fleshman then stated that the first four cases were working drawings which the Commission had previously seen. The first case'was CASE NO. 38C, SANDY SIERRA NEVADA, INC. & ROBERT RICCIARDI , A.I.A. , APPLICANTS. Mr. Fleshman gave a brief description of the project and stated that the DRB had approved the project subject to two revisions concerning the trash enclosure and the irrigation and landscape plans. The next case was CASE NO. 26C, SANDY SIERRA NEVADA, INC. , & ROBERT RICCIARDI , A.I.A. , APPLICANTS. Mr. Fleshman explained that this pro- ject was for the same developer and it was for a professional building to be located at the corner of Larrea and Portola. Further, the ORB had approved the project, subject to one revision concerning the trash enclosure. pn" !• . 1976 Page N Ine To: Planning Commission From: Retail Merchants Division, Palm Desert Chamber of Commerce (1) By; George D. Kryder INester Noe VV We have the following comments to make, based on the revisions suggested {� by the City Staff, and on further reading of the ordinance in'-total. y I Vehicle Identification Signs In our original comment, several reasons were given to support the contention that there should be no regulation of vehicle signs. The proposed revisions still are not specific in this regard. The intent of the section relating to this, as outlined in a City Staff report dated July 14th, reads as follows: S' "The intent of the section is to prevent business operators from putting. signs on vehicles and parking vehicles in front of their business to obtain additional sign area." MM This intent should be so stated by the ordinance; both in the Vehicle Identification section, and in the section relating to signs on public; ? property or right of way. - Our primary concern is that there be no regulation of size, color, or type of sign on vehicles as normally used in the course of everyday business. This should apply whether the vehicle be based within, or outside of the City. The ordinance, as written, does not give this protection. In this in- stance, and in others as well, it would seem simpler to designate what is not to be regulated than to attempt to cover all possible contin- gencies on the other side. (2) Temporary Signs Under the revisions proposed, and allowance is made for the use of temporary signs. We approve of this addition, but have the follo7,: ,-13 comments: The section does not define what is a temporary sign, .nor is this described in any other part of the ordinance. We suggest that it be defined, or, if this is not practicable, a qualifying phrase such as that used with the section on "Sale" signs be added. i.e."when such signs are improperly used, they constitute a public nuisance, and, as such, may be abated" This is to prevent abuses which we foresee if the section stands as written. Open-Closed signs It is noted that there is no mention of the commonly used 'Open-closed' signs found in the windows of most businesses. We think that these F signs should be covered in the new ordinance, with the following qualifications: (1) Allowable size to be compatable with the double-faced 'open-closed" signs most commonly used, at';d available commercially. (2) Area of such signs is not to be deducted from the allowable area of other permitted signs covered by the ordinance. General In our meeting with the City Staff, we have brought up two points during otii discussions which have not found their way into the revisions sub- sequently proposed by the Staff. These relate to the number of colors allowed on signs, and to the composition of the Ad Hoc sign Committee. / n We are still on the opinion that the restriction of signs to four colors is unwarranted and arbitrary, especially when both black and white are be be considered as colors for purposes of the ordinance. We make the presumption that it is not impossible to create a sign with more than four colors, and still have compatibility with the aims of the ordinance. We maintain that a sign owner should be permitted- to present any sign for approval if he feels that the colors in the sign work to his advantage. We would further point out that the Design Review Board has the ' capability of making color changes under at least two sub-sections. of the ordinance, and that with this authority, there should be no need to put specific restrictions• upon something as indefinable as color compatibility. `• As to the Ad Hoc Amortization Committee, it is felt that the member- ship, as now proposed, will not properly represent the retail businesses' of the City. And incidentally, it is precisely these people who will • be most affected by the new ordinance. As the proposal now stands, it is entirely possible that no representa- tive from retail business would be serving on the Committee. Therefore, we suggest that under item (b) one of the "fields of endeavor" be changed to "Retail Business" We have further comment on sub-paragraph 2 of this same section which also relates to selection of members of the Ad Hoc Committee from membership of the Chamber of Commerce and the Board of Realtors. It is provided that both of these organizations submit three names ;a so that the City Council may then select one from each for the Committee. It is our feeling that both the Chamber and the Board of Realtors are entirely capable of choosing the per-son whom they feel can best represent their interests on the Committee. We see no valid reason for the City Council to be in a position to over-rule the primary choice of either the Chamber or the Board of Realtors i v , i 1. JAN 13 1977 FAL I' :; -_RT CITY HALL' Jan 12, 1977 Palm Desert City Council Palm Desert, Calif. Re; City Sign Ordinance As you know, the Planning Commission, at its Dec. 14th. open hearing, has approved a revised version of the sign ordinance and has referred it back to the City Council for their consideration. As representatives of the Chamber's Retail Merchants Division, Mr Noe and myself attended the Commission hearing and suggested several changes which we felt would improve the ordinance. One of these changes relates to the composition of the Ad Hoc Amortiza- tion Committee, and the choosing of members from the ranks of the Cham- ber of Commerce and the Board of Realtors. The Commission declined to make any recommendation on our suggestion, stating, in effect, that the members of the City Council would be in a better position to make such a determination. I am attaching a partial copy of the presentation made at the Dec. 14th. meeting, and have marked the paragraph in question. We will appreciate your consideration of this point, and resPectfully suggest that the paragraph giving the Council power of choice as to the representatives from the Chamber and Board of Realtors be deleted. Siybrely, Q George D. Kryder, President Retail Merchants Division Palm Desert Chamber of Commerce CC Don McNeilly, Chamber Manager Dick Coffin, President, Palm Desert Board of Realtors (3) We are still on the opinion that the restriction of signs to four colors is unwarranted and arbitrary, especially when both black and', white are be be considered as colors for purposes of the ordinance. We make the presumption that it is not impossible to create a sign with more than four colors, and still have compatibility with the aims of the ordinance. We maintain that a sign owner should be permitted to present any sign for approval if he feels that the colors in the sign work to his advantage. We would further point out that the Design Review Board has the capability of making color changes under at least two sub-sections of the ordinance, and that with this authority, there should be no need to put specific restrictions upon something as indefinable as color compatibility. As to the Ad Hoc Amortization Committee, it is felt that the member- ship, as now proposed, will not properly represent the retail businesses of the City. And incidentally, it is precisely these people who will be most affected by the new ordinance. As the proposal now stands, it is entirely possible that no representa- tive from retail business would be serving on the Committee. Therefore, we suggest that under item (b) one of the "fields of endeavor" be changed to "Retail Business" We have further comment on sub-paragraph 2 of this same section which also relates to selection of members of the Ad Hoc Committee from membership of the Chamber of Commerce and the Board of Realtors. It is provided that both of these organizations submit three names (4) so that the City Council may then select one from each for the Committee. It is our feeling that both the Chamber and the Board of Realtors are entirely capable of choosing the person whom they feel can best represent their interests on the Committee. We see no valid reason for the City Council to be in a position to over-rule the primary choice of either the Chamber or the Board of Realtors. I will close by making the following personal observation, and will again refer to the City Staff report of Aug. 14th. On Page 1 of this report, there is the following statement. "The intent of the Ordinance has always been directed toward providing the maximum amount of super- vision and control by the City. (underlining added) How discomforting it is to read that our City employees desire this type of power. How nice it would have been to read that the intent of the Staff was to provide the control and guidance necessary to serve the purposes and intent of the Ordinance, or some such positive statement of policy. t Nevertheless, the Chamber, the Planning Commission, the City Council and Stoff have written what I consider a well rounded and enforcable ordinance that should serve the City well. PROOF OF PUBLI__.TION This s, is for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIAJ ss. County of Riverside I am a citizen of.the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above Proof of Publication of entitled matter. I am the principal clerk of the printer of PALM DESERT POST, a newspaper of general circu- lation, published weekly, in Palm Desert, County of ......CtY---pf---PA-Lm-.Desert--_-_____-_________-_-_ Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, ----- _------___— under date of October 5, 1964, Case Number 83656; that the notice, of which the annexed is a printed copy, ---------------------------------------------- has been published in each regular and entire issue of -- -— - i. EGA NOTICE said newspaper and not in any supplement thereof on CITPROPbSED SIGN RT the following dates to-wit: r ce 1orN�ANc . hat ubli 'Hea na wlil be Id bN fore the al' Deser}j�City COUPCIII�10*consder�the Pr pposed new(5 IPn;Ordinance.for iheCltYy.ofiPalm Desert,YArtf- cle]75.38tofRth Polm Desert Municipal Code. .----- _--__�/1-3/]_7-------------------------- _ SAID Publlo Hearing Ib be held on'{Thu p.m in lanua Cil 19 abiJ.:00 p.m in Council am all all, of t75 rV m!Oesert CIty1Ha11,�45-�275 PrICkIv3.Pear LaneIfil Deseri!Colliall,ial I oT_which t(me and at all, - ------_- terested persons a nvited -_________________—_____________—______________._______- - attend and be heard. OHE LA Uary A ftf CI CI1Y of Pa m De oF� nia 1 certify (or declare) under penalty or perjury that the foregoing is true and correct. - -------------- Signature Date----------------Juan}-a 3 — — -- 1977--- at Palm Desert, California PROOF OF PUBLICATION Y CITY of PALM DESERT STAFF REPORT To: Planning Commission Report On: Revised Sign Ordinance and Zoninq Ordinance Amendment I. INTRODUCTION: After review by the City Council during Study Session and Open Hearings 1i of the preliminary Sign Ordinance, they did unanimously refer the Sign Ordinance back to the Planning Commission for reconsideration with re- visions in specific areas, which will be discussed within this report. Since the ref 1 by the City Council oft Sign Ordinance back to b` Planning Commi n, the staff has been rev g a number of the area f the report for revision for clarity an rticularI have been co ntrating on the a tization schedule approach. is report 1 embodies s specific recomme ations regarding the amortiza cor.- c rns of the Council . . QUES�?vr�� °�1b �.. �d�t�.r `�►.�p.,.�•�"*''` That the Planning Commission review a revised Sign Ordinance and make recommendations to the City Council on said revised Sign Ordinance. In addition, consider an amendment to the Zoning Ordinance to modify Section 25.39-2. 10 to increase the value of signs reviewed by staff from $500 to $1,000. III. STAFF RECOMMENDATION: That it be moved by Planning Commi ion Resolution No. 193, that the revised preliminary Sign Ordinance and proposed Zoning Ordinance Amend- ment embodied in Ordinance 129 be approved and forwarded to the City Council for the following reasons: A. The revised Sign Ordinance does more accurately reflect the needs of the community for signs appropriate with the character of the community. B. The proposed amortization program is more equitable and reasonable for all businesses affected. C. The proposed revised Sign Ordinance establishes a reasonable and compatible sign program for new development in the community and the proposed Ordinance Amendment provides for a more reasonable review program. /v IV. CONTENTS OF THE REPORT: A. History of the Sign Ordinance 0• B. Summary of Recommended Revisions to the Preliminary Ordinance ¢,. S.,......- y. *\;W'0*-J% IyC. Revised Ordinance 129 V es 6 Recommended Planning Commission Resolution No. 193 s •�••�:�-il�� 6a�1�.`..,• i a Roadside eemlle . . tub Page One V. HISTORY: (continued) September 9, 1976 City Council Public Hearing on the Ordinance, continued to October 14, 1976 October 14, 1976 City Council Public Hearing on the Ordinance; referred back to the Plan- ning Commission for modification November 16, 1976 Planning Commissiorna�� fub-TicJHearing • on the revised Ordinance 4 a.0 jy VI. SUMMARY OF PROPOSED REVISIONS: N"'"" �V%b. . I - 1 , L \ a J lw 1 r 1 *%OAT% 91 -J.�`♦— 'R�r�\.a..+ w...''S. ..s'�.�w V. `��.IM..Q � • �l'a�eJ.J.v�pQpl+l�s�*v.1 ` � `� ., 2S •3Rr-�q.•O.1 •or..Ewa A. wu w,ft.... • � M S ��. Z� ;•S��o.o1 ,Z,S :3q,-�� .0"1 �u .3Q,-�t.1��.. 14 %WP4\U� - � dl 9-N NOZ u dpj&4 *�Okmv ORDINANCE 129 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING ARTICLE 25.38, CHAPTER 25, OF THE PALM DESERT MUNICIPAL CODE, KNOWN AS THE SIGN ORDINANCE AND AMENDING SECTION 25. 39-2. 10. The City Council of the City of Palm Desert, California DOES HEREBY ORDAIN as follows: SECTION I : Section 25.38 of Ordinance 99 is hereby repealed. SECTION II : Ordinance 18 is hereby repealed. SECTION III : Those references to signs in Ordinance 31 are hereby deleted. SECTION V: Section 25. 38 of Ordinance 99 is hereby added to read as is more specifically stated in Exhibit 'A' , as revised by,Exhibit 'B' , at- tached hereto and made a part thereof. SECTION VI Section 25. 39-2. 10 of Ordinance 99 is hereby repealed. SECTION VIV Section 25.39-2. 10 is hereby added to the Palm Desert Municipal Code to read as follows: 25.39-2. 10 Delegation of Authority The ORB may, at its discretion , authorize the Director of. Environmental Services to approve or cause to be modified, sign applications not exceeding $1,000 in ' value, exterior remodelings not exceeding $2,500 in value, and proposed additions to commercial buildings not exceeding a change or increase in 25% of the total square footage. SECTION VIJ The City Clerk of the City of Palm Desert, California, is hereby directed to cause this Ordinance to be published within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California, and the same shall be in force and effect thirty (30) days after adoption. -1- Ordinance 129 PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council , held on the day of 197_, by the fol- lowing vote,, to wit: AYES: NOES: ABSENT: ABSTAIN: NOEL J. BRUSH, MAYOR ATTEST: SHEILA R. GILLIGAN , ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA r -2- PLANNING COMMISSION RESOLUTION NO. 193 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ORDINANCE 129, WHICH PROPOSES TO AMEND THE PALM DESERT ZONING OR- DINANCE ESTABLISHING A NEW SIGN ORDINANCE FOR THE CITY OF PALM DESERT, CALIFORNIA, AND AN AMENDMENT OF SECTION 25.39-2. 10. CASE NO. SIGN ORDINANCE WHEREAS, after closing the Public Hearing, the Palm Desert City Council did, at its regularly scheduled meting of October 14, 1976, refer SO the proposed Sign Ordinance back to the Planning Commission for reconsideration, including a proposed amendment of Section 25. 39-2. 10; and, WHEREAS, prior to that action, the City Council did review and certify a Final Environmental Impact Report, after a duly noticed Public \� Hearing, at its regularly scheduled meeting of July 22, 1976; and, . (� WHEREAS, the City staff did review the concerns of the City Council and prepare a revised proposed Sign Ordinance, including an amendment of Section 25. 39-2. 10, which were submitted to the Planning Commission for con- 4 a' sideration at a duly noticed Public Hearing on November 16, 1976; and, WHEREAS, at said Public HearinggI the Planning Commission did take into consideration the reports of the City staff, local residents, and other interested persons; and, WHEREAS, the Planning Commission finds the following additional justi- fications for recommending approval of the revised Sign Ordinance and amendment to the City Council : 1) The revised Sign Ordinance does more accurately reflect the needs of the community for sign appropriate with the character of the community. 2) The proposed amortization program is more equitable and reasonable for all businesses affected. 3) The proposed revised Sign Ordinance establishes a reasonable and compatible sign program for new development in the community and the proposed Ordinance Amendment provides for a more reasonable review program. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: -1- Planning Commission Resolution No. 193 1. That the above recitations are true and correct and do constitute the findings of the Commission in this case; 2. That it does hereby recommend approval of the attached revised Ordinance 129; which would establish an amendment to the Palm Desert Municipal Code to provide for the City's first Sign Ordinance, as attached to the pro- posed Ordinance 129, subject to the revisions as specified in the attachment, labeled Exhibit 'A' , to this Resolution; 3. That it does hereby recommend approval of an amendment of Section 25. 39-2. 10, as specified in the proposed Ordinance 129; 4. That it does hereby recommend to the City Council the adoption of Ordinance 129, as amended. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert Planning Commission, held on the Mh day of er, 1976, by the following vote, to wit: AYES: NOES: ABSENT: MILLS ABSTAIN: NONE S. ROY WILSON, CHAIRMAN ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION CITY OF PALM DESERT, CALIFORNIA i -2- 25 •'3Cd►— t'� .0'1 `�'e",�'A�'— a_�a. `gyp o �,�• PLANNING COMMISSION RESOLUTION NO. 193, EXHIBIT 'A' RECOMMENDED REVISIONS TO ORDINANCE 129 SECTION CHANGE . A UIL tip, p �.6 . 3 -1 z •t'i- cam.- �..,JJ�,,,,, �-. w N - J)w VI-4 �� z� • ARTICLE 25. 3E PALM DESERT MUNICIPAL CODE THE SIGN ORDINANCE EXHIBIT 'A' Revised: November 16, 1976 Adopted: ORDINANCE 129 t TABLE OF CONTENTS Page ARTICLE 25. 38-1 INTENT AND PURPOSE 25. 38 ( 1) ARTICLE 25. 38-2 DEFINITIONS 25. 38 (1) ARTICLE 25.38-3 t SIGN PERMIT PROCEDURES ` 25.38 (4) 25. 38-3.01 Three Copies of a Plan Showing 25.38 (4) 25.38-3.02 Sign Integration Requirement 25.38 (5) 25.38-3.03 Adjustments 25.38 (5) 25.38-3.04 Permit Record Requirement 25.38 (5) 25.38-3.05 Double Permit Fee 25.38 (5) ARTICLE 25.38-4 EXCEPTIONS TO SIGN PERMIT PROCEDURES 25.38 (5) ARTICLE 25. 38-5 PROHIBITED SIGNS 25.38 (6) ARTICLE 25.38-6 ABATEMENT OF ILLEGAL SIGNS 25.38 (7) ARTICLE 25.38-7 . RESERVED 25.38 (8) ARTICLE 25.38-8 SAFE SIGNS 25.38 (9) ARTICLE 25.38-9 {PEP.MITTED SIGNS - PURPOSE ) 25.38 (9) ARTICLE 25.38-10 SIGNS IN SINGLE FAMILY ZONES 25.38 (9) ARTICLE 25.38-11 SIGNS IN RESIDENTIAL ZONES OTHER THAN 25.38 (10) SINGLE FAMILY ARTICLE 25.38-12 SIGNS IN COMMERCIAL AND INDUSTRIAL 25.38 (12) ZONES ARTICLE 25. 38-13 SIGNS IN RM ZONES 25.38 ( 16) ARTICLE 25.38-14 -RESERVED 25.38 (16) ARTICLE 25.38-15 RESERVED 25.38 (16) ARTICLE 25.38-16 ):GENERAL PROVISIONS 25.38 (16) 25.38-16.01 Design Review Board Process 25.38 (16) 25.38-16.02 Sign Review Criteria 25.38 (17) 25. 38-16.03 Signs Facing Private Property Prohibited 25.38 (17) 25.38-16.04 Required Information on Signs 25.38 ( 17) 25. 38-16.05 Proper Maintenance of Signs 25.38 ( 18) 25.38-16.06 Number of Colors Allowed 25.38 (18) 25. 38-16.07 RESERVED 25.38 ( 18) 25. 38-16.08 Glare from Signs 25.38 ( 18) 25. 38-16.09 Location of Right Angle Signs 25.38 (18) 25. 38-16. 10 Obstruction of Passage 25.38 (18) 25. 38-16. 11 Maximum Sign Area Limitation 25.38 ( 18) 25. 38-16. 12 Exceptions to Sign Limitations 25.38 (18) 25.38-16. 13 Special Permits 25.38 ( 19) 25.38-16. 14 Imitation of Traffic Signal 25.38 (19) 25.38-16. 15 Overhead Electric Conductors 25.38 (19) i CONTENTS (continued) Page ARTICLE 25.38-17 SPECIAL PURPOSE SIGNS " 25.38 (19) 25.38-17.01 Trade Construction Signs 25.38 ( 19) 25.38-17.02 "No Trespassing" Signs 25.38 (19) 25.38-17.03 Land Subdivision Signs 25.38 (20) 25.38-17.04 Lease Potential Signs 25.38 (20) 25. 38-17.05 Signs on Awnings, Etc. 25. 38 (20) 25.38=17.06 Political Sign Regulations 25.38 (20) 25.38-17.07 Signs for Public or Quasi-Public Uses 25.38 (21) ARTICLE 25.38-18 ENFORCEMENTj 25.38 (21) 25.38-18.01 Territorial Application of Ordinance 25. 38 (21) 25.38-18.02 Duty .to Enforce Ordinance 25.38 (21) 25.38-18.03 Compliance with Ordinance: Nuisance Abatement 25.38 (22) 25.38-18.04 Removal and Amortization Period 25.38 (22) 25.38-18.05 Amortization Schedule I 25. 38 (22) 25.38-18.06 Amortization Schedule iI 25.38 (23) 25.38-18.07 Removal of Non-Conforming Signs Program 25. 38 (24) 25.38-18.08 Ad Hoc Sign Amortization Committee 25. 38 (25) 25.38-18.09 Uncertainty of Article Provisions 25.38 (26) ARTICLE 25.38-19 'EXCEPTIONS PROCESS j 25.38 (26) ARTICLE 25.38-20 DISCONTINUANCE OF A BUSINESS 25.38 (27) ARTICLE 25.38-21 NON-CONFORMING SIGNS MAINTENANCE 25.38 (27) ARTICLE 25.38-22 PENALTIES 25.38 (27) ii ARTICLE 25. 38 SIGNS 25. 38-1 INTENT AND PURPOSE This article is intended to implement the goals and policies of the General Plan particularly with regard to developing a City that is visually attrac- tive and preserving and enhancing the visual aspects of the City's streets and highways. This article is also intended to provide for a more orderly presentation of advertising displays and identification on properties with- in the City of Palm Desert which are zoned commercial , industrial , and re- sidential ; to bring those devices in harmony with the building, the neigh- borhood, 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, de- sign, quality of materials, illumination, and maintenance of signs and sign structures. 25.38-2 DEFINITIONS 25.38-2.01 Sign A sign shall mean any thing of visual appearance primarily used for, or having the effect of, attracting attention from the streets, sidewalks or other outside public areas for identification purposes. A sign shall not mean displays of merchandise or products for sale on the premises, or signs, inside buildings except when less than three (3) feet behind a win- dow and facing public view, or ornamentation, design, statuary, architec- ture, landscaping, pictures, paintings or other such art forms unless, in the case of any exceptions listed in this Section, the attraction , because of locations , size, use or the nature thereof, has the substan- tial effect of attracting attention for identification purposes when viewed from an outside public area. The basic intent behind this defini- tion is not to discourage product displays, design or art forms epito- mizing simplicity, good taste and compatibility with the community' s desired image. 25.38-2.02 Advertising Device Any balloon, flag, pennant, propeller, oscillating, rotating, pulsating, light, or other contrivance except a sign used to attract attention for the purpose of promoting (either directly or indirectly) , the sale of products of any person. 25.38-2.03 Advertising Display Any device, contrivance, statue or structure other than a sign used as a display, regardless of size and shape, for the purposes of attracting attention or making anything known, the origin or place of sale of which is on the property with such advertising display. 25. 38-2.04 Area of a Sign The area of a sign shall be within a single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. In the case of a sign designed with more than one exterior surface, the 25.38 ( 1) 1 area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports, uprights , or structure on which any such sign is supported shall not be included in determining the sign area unless such supports, uprights, or structures are or is designed in such a manner as to form an integral background of the display.: 25.38-2.05 Building In addition to its common meaning, a building shall include any struc- ture requiring a building permit. 25.38-2.06 Business Sign A sign displaying information pertaining to goods or services offered or produced by the business located on the property, but not including advertising devices or advertising displays. 25. 38-2.07 Combination Sign Any sign incorporating any combination of the features of freestanding, projecting and roof signs. 25.38-2.08 Construction Sign A temporary sign stating the names of those individuals or firms directly connected with the construction or development project, their addresses and their telephone numbers. 25.38-2.09 Externally Lighted Sign A sign whose immediate source of illumination is not enclosed by the -surface of the sign structure. 25. 38-2. 10 Free Standing Sign A sign supported by uprights or braces placed upon or into the ground and detached from any building. 25.38-2. 11 Height of a Sign The greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign. 25.38-2. 12 Identification Sign A sign limited to the identifying name, symbol or insignia, or any com- bination thereof, of a building, use, or persons occupying the premises on which the sign is located. 25.38-2.13 Internally Lighted Sign A sign whose immediate source of illumination is completely enclosed by the surface of the sign structure and whose maximum light output shall not exceed ten (10) candlepower per square foot measured at ten (10) feet from the sign. 25.38 (2) 25. 38-2. 14 Name Plate A sign not exceeding one (1) foot by three (3) feet signifying only the name of the occupant and his occupation or speciality. 25.38-2. 15 Outdoor Advertising Structure or Sign A sign placed for the purpose of advertising products or services that are not produced, stored, or sold on the property upon which the sign is located. 25.38-2. 16 Price Sign A sign limited to the name or identification of items or products of- fered for sale on the premises, and the price of said items or products. 25.38-2. 17 Projecting Sign A sign other than a wall sign suspended from or supported by a building or structure and projecting outward therefrom. 25.38-2. 18 Real Estate Sign A temporary sign advertising the sale, lease, or rent of the property upon which it is located, and the identification of the person or firm handling such sale, lease, or rent. 25.38-2. 19 Roof Sign 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 of a parapet wall shall be considered the eave line. The lowest point of a mansard style roof shall be con- sidered the eave line. Where a parapet wall is combined with a mansard roof, the eave line shall be the top of the parapet. 25.38-2.20 Sign Face The surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered as such together with the frame and the background. 25.38-2.21 Wall Sign 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 top of a para- pet wall shall be considered the eave line. The lowest part of a man- sard style roof shall be considered the eave line. Where a parapet wall is combined with a mansard roof, the eave line shall be the top of the \parapet. 25. 38-2.22 Face or Wall of Building The face or wall of a building shall mean the outer surface of any main exterior wall or foundation of a building, including windows and store fronts. 25. 38 (3) 25.38-2.23 Political Signs Political signs shall mean any sign concerning candidates for political office or involving a ballot issue. 25.38-2.24 Vehicle Identification Signs Vehicle identification signs shall mean any sign attached to a vehicle which advertises the owner' s name and/or occupation which is permanently attached to the vehicle. 25.38-2.25 Vehicle Related Portable Free-Standing Signs A vehicle related portable free-standing sign shall mean portable signs affixed to a vehicle for the purpose of directing people to a business in close proximity to where the vehicle is parked. 25.38-3 SIGN PERMIT PROCEDURE It shall be unlawful for any person to erect, alter, or to permit the erection or alteration of a sign, including painted signs, unless other- wise excepted by this Article, a sign upon any property without first obtaining a written sign permit from the Department of Environmental Services. Signs exceeding�$1,000 in value shall be reviewed through the Design Review Board Process as specified in Section 25.39-2 inclusive. Application for such permit shall be made on a form provided by the De- partment of Environmental Services and shall be accompanied by a fee as established by Council Resolution. The application shall set forth and contain the following information and material : 25. 38-3.01 Three Copies of a Plan Showing: .(1) The location and size of any building or structures on the property, O n the control of the applicant, both existing and proposed; (2) The location of off-street parking facilities, including major points of entry and exit for motor vehicles where directional signs may be proposed; (3) The position of the proposed sign and its relation to adjacent buildings and structures under the control of the applicant; (4) The design and size, colors proposed, and proposed location of the sign or. sign .structure on the property, under the control ) of the applicant;, (5) The method of attachment to any structure; (6) A statement showing sizes and dimensions of all other signs existing on the property, 'under the control of the applicant? (7) A statement showing the size and color relationships of such sign or sign structure to the appearance and design of existing or pro- posed buildings and structures or. the property. 25.38 (4) (8) Such other information as the Department of Environmental Services may reasonably require to secure compliance with this Article and the Ordinances of the City. 25.38-3.02 Sign Integration Requirement: Signs on all proposed buildings or new additions to existing buildings shall be designed as an integral part of the total building design. 25.38-3.03 Adjustments The Zoning Administrator for either new or existing signs, may grant slight adjustments to sign colors or authorize deviations from sign area or distance between signs not;to exceed twenty percent (20%) , and on sloping roofs the allowance 'roof signs not to extend above the ridge line, for ezisting 'buildings only, °upon a finding that the con- ) ditions for variance exist as prescribed in the Palm Desert Zoning Ordinance and as further set forth herein, when it is determined that no other possible, reasonable method of signs is available. L 25.38-3.04 Permit Record Requirement The Department of Environmental Services shall keep a copy and per- manent record of each sign permit issued. Each copy shall show the permit number. The permittee shall be required to exhibit the permit at all times in a place satisfactory to the Director of Environmental Services. 25.38-3.05 Double Permit Fee The applicable fee for a sign permit shall be doubled when the instal- lation of a sign is commenced before obtaining a permit therefore. 25.38-4 EXCEPTIONS TO SIGN PERMIT PROCEDURES The following signs, if not illuminated, shall be allowed on all com- mercial , industrial , and residential zoned property without a sign per- mit being required: 25.38-4.01 One (1) Identification Sign Not exceeding one (1) square foot in area, and displaying only the name and address of the owner or occupant. 25.38-4.02 Directional or Safety Signs As required, provided that: (1) Each such sign has first been reviewed and approved by the Design Review Board and/or the Director of Environmental Services; and (2) Such signs do not exceed three (3) square feet per face. 25.38-4.03 Emblems or Flags (1) Emblems or Flags of Non-Profit Organizations - As required, pro- vided that each has first received approval by the Design Review Board and/or the Director of Environmental Services. 25.38 (5) 25. 38-4.04 Religious, Charitable, Educational , or Cultural Posters Not exceeding sixteen ( 16) square feet in area, and temporary in nature. 25.38-4.05 Governmental or Other Legally Required Posters, Notices, or Signs 25.38-4.06 Utility or Telephone Pay Station Signs 25.38-5 PROHIBITED SIGNS Except for those signs allowed under the provisions of Section 25.38-16. 13, Special Permits, the following signs are prohibited in the City: 25.38-5.01 Rotating Moving, Flashing, Changing, Re- flecting or Blinking Signs Prohi ited Signs which rotate, move, flash, reflect, blink, or appear to do any of the foregoing including search lights , shall be prohibited unless required by law or utilized by a proper governmental agency, with the exception of approved time and temperature displays. 25. 38-5.02 Signs on Public Property or Right-of-Way Prohibited Signs on public property, in the public right-of-way, or on public utility poles shall be prohibited unless otherwise authorized by this Article. Signs prohibited shall include, but not be limited to realtor, open house, and garage sale signs. This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle identi- fication signs. 25.38-5.03 Signs Not Advertising, the Use, Name of Owner, Products, or Services Available on the Premises Prohibited Any permanent sign which does not advertise, without reference to prices, a use being made on the premises, name of the owner or user, or which does not advertise a product, an interest, service, or entertainment available on the premises shall be prohibited. 25. 38-5.04 Temporary or Portable Free Standing Signs Except as otherwise provided herein. 25.38-5.05 Advertising Devices 25.38-5.06 Advertising Displays Outside of buildings. 25.38-5.07 Combination Signs 25.38-5.08 Roof Signs 25.38- (6) 25. 38-6 ABATEMENT OF ILLEGAL SIGNS The Director of Environmental Services shall see that this Ordinance is en- forced. He shall not permit, and shall abate, any sign within the City which fails to meet the requirements of this Ordinance or other applicable law. The Director of Environmental Services, or his authorized representative,.* shall remove any temporary sign for which a sign permit has not been ob-• tained as required by this Ordinance. The Director of Environmental Ser- vices, or his authorized representative, shall notify the owner or user of a .permanent sign which has been installed without the acquirin of a sign permit, that said illegal sign shall be removed within ten ( 10? days. Upon receipt of this notice, the owner or user of a permanent sign that is deter- mined to be illegal does have the right to appeal the decision or notice within ten (10) days thereafter to the City Council purPhnt to the pro- visions of the Public Nuisance Abatement Ordinance No. 24. 25. 38 (7) 25.38-7 RESERVED 25. 38 (8) ' r 25.38-8 SAFE SIGNS The City Council shall adopt, by Ordinance, a set of rules and regulations to quarantee that all signs are safely constructed. These rules and regulations shall be made available to the public. The Building Official shall see that all signs within the City meet the safety requirements promulgated in the rules and regulations. 25. 38-9 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 Article. The number and area of signs as outlined in this Article 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 pro- perty, as well as the surrounding community. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval . 25.38-10 SIGNS IN SINGLE FAMILY ZONES .25. 38-10.01 Realty Signs During a period of time when realty is offered for sale or rent, a sign so indicating, but not exceeding three (3) square feet in area or four (4) feet in height may be located on the property. No real estate signs shall be located on a roof, project from a building face, or move in any manner. Any such signs shall be removed upon the rental of the property, 7 upon the completion of escrow, or within thirty (30) days_from_the_opening of escrow,, whichever occurs first. After the`effe'ctive date of this Sec- tion, no_person engaged in'the real estate business as a broker, sales- man, or otherwise, shall use or place signs on property being offered for sale or lease unless said sign program has first received approval from the Director of Environmental Services. Prior to requesting approv- al of any real estate signs, evidence of a valid City business license shall be provided. 25.38-10.02 Name Plates Each dwelling is permitted one nameplate indicating any one or more of the following: the name of the occupant, the occupation, or the street address of the residence. Said sign shall not exceed one (1) square foot in area and if located on a pole, no part of the sign or pole should be more than four (4) feet above ground level . 25.38-10.03 Open House Signs During the period under which real estate is offered for sale or lease and while a salesperson is physically present on the premises, a sign indicating open house shall be permitted. Said sign shall not exceed three (3) square feet in area; and if located on a pole, no part of the sign or pole shall exceed four (4) feet above ground level . 25.38 (9) 25.38-10.04 Signs for Special Events One (1) unlighted sign shall be permitted for special events such as garage sales , patio sales, block parties, or similar events. Said sign shall not exceed three (3) square feet in area or four (4) feet in height. 25.38-10.05 Other Signs No other signs shall be erected or maintained in any single family zone, as established by the Zoning Ordinance, except for those signs specifically authorized by the Design Review Board Process. Any such sign so authorized shall be necessary to preserve a legal right or serve an enonomic need and shall not be deemed likely to cause undue detriment to surrounding uses or the economic values of the surrounding properties. Signs so authorized shall be located and erected in a manner satisfactory to the Director of Environmental Services or his authorized representa- tive. 25.38-11 SIGNS IN RESIDENTIAL ZONES OTHER THAN SINGLE FAMILY The predominant idea in authorizing signs in the other residential zones is to strive for a one sign complex to eliminate clutter and to 'promote compa- tibility, proportion , simplicity, and sign effectiveness. 25.38-11.01 Sign Area .- Hotels & Apartments There shall be a basic allowable sign area of ten (10) square feet, plus one (1) additional square foot of sign area for each two (2) separate rental units to be encompassed in one sign with a maximum of fifty (50) square feet in area. A separate rental unit as used herein, shall mean .each room or combination of rooms for which a separate lodging charge is made. Such signs shall include in their design layout, all accessory service signs. Accessory signs shall be prohibited unless designed in conjunction with or made an integral part of the principle sign. Cri- teria to be used in designing and locating these signs shall be those of proportion, simplicity, utility, and compatibility with surrounding uses and development. In addition, for hotels the wording on the signs shall be limited to the extend that the word "motel " shall not be per- mitted. Only the words "hotel , lodge, inn, motor inn, or chalet" shall be acceptable. 25.38-11.02 Sign Area - Condominiums There shall be a basic allowable sign area of ten ( 10) square feet plus one (1) additional square foot of sign area for every ten (10) units to be encompassed in one ( 1) sign for each main entrance with a maximum of fifty (50) square .feet in area. IAs an alternative, two signs located) one on each side of the entry, not to exceed fifteen (15) square feet may be permitted: Said sign shall be displayed at the main entrance and shall only depict the name of the complex. Permanent signs within the complex shall be approved by the Design Review Board Process, but no interior sign shall be larger than six (6) square feet. 25. 38 (10) 25.38-11.03 Siqn Area - Other Non-Residential Uses_ Allowed One (1) externally lighted or unlighted identification sign not ex- ceeding twenty (20) square feet in area shall be permitted for autho- rized .uses, such as churches, day care 'centers, private clubs,\restau- rants,, and the like. Authorized commercial uses shall be permitted: One (1) externally lighted or unlighted identification sign not ex- ceeding three (3) square feet in area or four (4) feet in height. 25. 38-11.04 Use of Attraction Boards for Hotels An attraction board may be included in the design and allowable sign area for a hotel or apartment house, subject to its location and design being approved as provided herein. A. The attraction board shall be designed and located so that it is made an integral part of the principle sign. B. If the principle sign is designed and located on a building or in such a manner that an attached attraction board sign would detract from the appearance of said sign, a detached attraction board sign shall be allowed, provided: (a) That the size of the detached attraction board sign shall be counted as part of the total allowable sign area. (b) That the maximum allowed size for a detached attraction board sign shall be five (5) square feet per face. (c) The name of the hotel cannot be indicated on the detached attraction board sign. C. An appropriate combination of the following information shall be allowed on an attraction board sign: (a) "Summer Rate" (f) Air Conditioning (b) Vacancy (g) Continental Breakfast (c) Credit Cards (h) Welcoming Conventions (d) TV, Color TV (i ) Any other information as approved by (e) Pools, Therapy Pools the Director of Environmental Services D. Rate Signs - In addition to the other sign usage authorized herein, actual rates or prices on rentals or other accommodations may be in- dicated by a single sign or attraction board not to exceed eighteen M) inches by twenty-four (24) inches located no closer than one foot on the inside of a window when facing public view in letters and numbers not to exceed three quarters (3/4) of an inch in height. The intent of this Section is to limit the use of hotel rate signs solely to the manner provided herein, including the restriction of rate signs that attempt to gain an unfair advantage over competition by the use of a business name which, in letters and/or figures, sug- gest a rate. All such signs authorized herein shall also comply, where compatible, with the provisions of Article 3, Chapter 1, Part 3, 25.38 (11) Division 7 (Section 17560, et seq) of the California Business and Professions Code. Any such sign which fails to comply with the provisions of this Section shall constitute a public nuisance and may be abated as such. 25.38-11.05 Free Standing Signs Except for other wise specified height limitations , free standing signs shall not be located on the public right-of-way and shall not exceed ten (10) feet in height or the height of the adjacent building, whichever is less. 25.38-11.06 Double Frontage Lots All sign area allowed in Sections 25. 38-11 inclusive shall be allowed on the main frontages for double frontage streets generally parallel with each other provided that the same use of property extends com- pletely through from street to street; and the area of a sign allowed on the secondary frontage shall not exceed twenty-five percent (25%) of the main entitlement for identification purposes only. 25. 38-11.07 Sale and Rental Signs Uses in Residential Zones other than Single Family Zones shall be authorized one ( 1) for sale or rent sign while the property is ac- tually for sale or rent. These signs shall not exceed three (3) l square feet in area or four (4) feet in height; and shall be designed and located in a manner satisfactory to the Director of Environmental Services. All such signs shall be removed upon the rental of the property or upon the completion of escrow or within thirty (30) days of opening of escrow, whichever occurs first. 25.38-12 SIGNS IN COMMERCIAL_ AND INDUSTRIAL ZONES The predominant idea in authorizing signs in the commercial and indus- trial zones is to strive for one (1) sign per complex to eliminate clut- ter and to promote compatibility, proportion, simplicity, and sign ef- fectiveness. 25.38-12.01 Sign Area - Commercial and Industrial Uses Except as otherwise provided in this Article, eace separate business shall be limited to one (1) main sign integrated into the design of the building. . Relative thereto, the following sign areas shall apply: A. Buildings within one hundred ( 100) feet of public right-of-way - The total or aggregate area of a main sign for any business in a building located within one hundred (100) feet of the right-of-way upon which it faces shall not exceed the equivalent of one (1) square foot of sign area per lineal foot of frontage which the building has facing on a right-of-way or parking lot. Except as otherwise provided herein, such sign shall have a surface area no greater than fifty (50) square feet. No such signs shall be closer than ten (10) feet from any other sign permitted hereunder. Such a sign must be located adjacent to the right-of-way or parking lot from which its maximum allowable size is determined. 25.38 ( 12) B. Buildin s one hundred (100) feet or more from the right-of-way The total aggregate area for a main sign for any business in a building located one hundred (1G0) feet or more from any right- of-way upon which it faces shall not exceed the equivalent of one and one-half (12) square feet of sign area per lineal foot of frontage which the building has facing on a public right-of- way or parking lot. Except as provided herein, such signs shall have a surface area no greater than seventy-five (75) square feet. No such sign shall be closer than ten ( 10) feet from any other sign permitted hereunder. . Such a sign must be located ad- jacent to the right-of-way or parking lot from which its maximum allowable size is determined. C. Additional sign area for a single business in a building having over fifty50 feet of frontage - A single business aving a lineal frontage or any right-of-way in excess of fifty (50) _ feet may be allowed, in addition to A or B abo e, an additional one (1) square foot of sign area for each two feet of front age in excess of such fifty (50) feet up to one undred (100) feet, and an additional one (1) square foot of sign area for each four (4) feet of frontage in excess of one hundred ( 100) feet. 25. 38-12.02 Frontage on Two or More Streets or Parkinq Lots A. Fronta e on two or more re streets - A business in a building facing on more than one 1 right-of-way shall be allowed the authorized sign area on each street which it faces, provided that the areas may not be accumulated on one ( 1) right-of-way and shall not ex- ceed the allowed area of any one (1) right-of-way. Location and design of such sign combinations must be approved by the Design Review Board Process so as to eliminate clutter and incompatibility of signs. B. Frontage on Parking Lots - A business having frontage only on a common usage or public parking lot or a business which has a rear frontage on a common usage or public parking lot may be allowed a single sign on said frontage, on the basis of one (1) square foot of sign area per lineal foot of frontage on said parking lot not to exceed fifty (50) square feet. No such signs shall be closer than ten (10) feet from any other sign permitted hereunder. 25.38-12.03 Height A. Wall Signs - The top of such signs shall not be higher than the eave line of the building on which it is located as measured from the under side of the eave and in no event higher than twenty (20) feet. (See definition of Wall Sign for clarification of eave line and see Section 25.38-6 Adjustments for special circumstances for unique roof designs. ) 25.38 (13) B. Free Standing Signs - Except as otherwise provided herein, free standing signs shall be prohibited on a single parcel of property where there is more than one business. Where authorized for a single business, a free standing sign shall not be located on the .public right-of-way and shall not. exceed twelve (12) feet in height. The size of the flee standing sign shall not exceed the limitations of Section 25.38-12.01 inclusive and shall be in lieu of any wall signs. 25.38-12.04 Second Story Businesses Businesses maintained exclusively on the second floor of a two (2) story building may be allowed up to fifty percent (50%) of the sign area authorized for businesses conducted in single story buildings by. the Design Review Board Process. 25.38-12.05 Sign for Pedestrian Traffic Where the principle sign for a business is located so that it cannot be seen by pedestrian traffic, an identification sign, in addition to that otherwise allowed in this Article, shall be permitted. Such a sign shall be no larger than three (3) square feet (three (3) feet on each side) and it shall be designed and located so as to not dis- tract from the appearance of the building or violate the intent of this Ordinance. 25.38-12.06 RESERVED 25.38-12.07 Temporary Signs within Window Areas Temporary informational signs not to exceed a maximum of five (5) � square feet of the window area of a business may be used.j Such signs shall be located on the inside of the window and shall not require prior approval of the City. 25.38-12.08 "Sale" Signs While a sale of goods or services is being conducted, one (1) "sale" sign shall be allowed, located on the inside of the window. Such a ,sign shall be in addition to the total authorized sign area but shall ,not exceed ten (10) square feet? When improperly used, "sale" signs constitute a public nuisance and may be abated as such. 25.38-12.09 Listing of Business Associates In addition to the other sign usage authorized herein, each separate business shall be allowed lettering on or behind windows facing the public view indicating the owners, operators, or business associates exercising the use, provided that such lettering shall be enclosed within a single area and shall not exceed a total of three (3) square feet. 25.38-12. 10 Use -of Attraction Boards by Night Clubs In addition to the permitted sign area, one (1) attraction board to advertise night club, theatre, or cabaret entertainment shall be al- lowed, provided that the location has the required off-street parking as set forth in the Palm Desert Ordinance Code, No permit shall be 25.38 (14) issued, nor shall any person erect an attraction board until its design and location are approved as provided for herein. A. The maximum allowable size for an attraction board shall be twenty-five (25) square feet if facing on a street; or fifteen (15) square feet on each side if the faces are at right angles to the street. The advertising on the attraction board shall be limited to coming and current entertainment only. Attrac- tion boards shall not be used to advertise rates or prices of attractions. 25.38-12. 11 Gasoline Service Stations Gasoline service stations shall be limited to those signs as approved by the Planning Commission as a part of their action on a conditions) use permit and/or amendment thereto for the service station which shall in no event exceed the following limitations: (1) One double-faced free standing monument sign not -to exceed twenty- four (24) square feet in area or not to exceed eight (8) feet in height, and advertising only the name of the company. (2) One -ten (10) square foot wall sign advertising the company name and/or operator. (3) One wall or ground sign, not exceeding eight (8) square feet in area or eight (8) feet in height for a ground sign, advertising the actual lowest price per gallon including all taxes at which regular, premium, and unleaded gasoline are currently being of- fered. Any special conditions required for sale at such lowest price shall also be indicated. (4) One wall sign, not exceeding ten (10) square feet in area with the provision for changeable copy is permitted to advertise special sales and events related to nationwide and/or company- wide special sales or events. No other temporary signs shall be permitted. 25.38-12. 12 Signs in District and Regional Shopping Centers .In addition to the wall sign area allowed for individual businesses, shopping centers in excess of three and one-half (32) acres of land shall be allowed one (1) 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 cen- ter, shopping area, or businesses and/or activities conducted there- in. Relative to such signs, the allowable sign area shall be based on five (5) square feet of sign per acre. These signs shall not ex- ceed twenty-five (25) square feet, shall have a maximum height of eight (8) feet, and shall not be erected without first having proper approval as provided herein. 25. 38 (15) 25.38-12.13 Sale and Rental Signs Commercial and industrial properties shall be authorized sale or rental signs on the following basis : Under 22 acres - 1 sign Over 2z acres, but less than 5 acres - 2 signs Over 5 acres - I sign per street frontage These signs shall not exceed three (3) square feet in area or four (4) feet in height and shall be designed and located in a manner satisfactory to the Director of Environmental Services, Such signs- shall be removed upon completion of escrow or within thirty (30) days from the opening of escrow, whichever occurs first 25.38-13 SIGNS IN RM ZONES - SIGN AREA A mobile home part: shall be allowed one (1) externally lighted or unlighted identification sign not exceeding the equivalent of one (1) square foot of sign area per ten (10) lineal feet of frontage on each right-of-way upon which the business fronts. No sign shall have a surface area of greater than thirty (30) square feet when erected at right angles to the right-of- way. (1) Free Standing Signs - Free standing signs shall not exceed eight (8) feet in height. (2) Sale and Rental Signs - Mobile home park properties shall be authorized one 1 sale or rental sign while the property is actually for sale or rent. These signs shall not exceed three (3) square feet in area or four (4) feet in height and shall be designed and located in a manner satisfactory to the Director of Environmental. Services. 25.38-14 RESERVED 25.38-15 RESERVED 25.38-16 GENERAL PROVISIONS The following general sign usage provisions and regulations shall apply for all signs. The basic intent is to protect the public and property owners against downgrading of aesthetic and property values. Therefore, any additional sign uasge authorized hereunder shall be strictly construed in its application. 25.38-16.01 Design Review Board Process Each sign shall be submitted to the Design. Review Board Process prior to its erection. In the case of new developments, a signing program shall be submitted as part of the Site Plan Review procedure. 25.38 (16) 25.38-16.02 Sinn Review Criteria All signs which are regulated by this Article shall be subject to the approval of the Design Review Board Process. Inapproving or rejecting a particular sign permit, the reviewing body shall utilize the following review criteria: (1) That the sign is necessary for the applicant's enjoyment of sub- stantial trade and property rights; (2) That the sign is consistent with the intent and purpose of this Article and Zoning Ordinance; (3) That the sign does not constitute a detriment to public health, safety, and welfare; (4) That the size, shape, color, and placement of the sign is com- patible with and bears a harmonious relationship to the building it identifies; (5) That the size, shape, color, and placement of the sign is com- patible with and bears a harmonious relationship to the neigh- borhood and other signs in the area; (6) 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. (7) That the location and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs ; (8) That the location and design of the proposed sign - its size, shape, illumination, and color - are compatible with the visual characteris- tics of the surrounding area so as not to detract from or cause de- preciation of the value of adjacent developed properties; and (9) 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. 25.38-16.03 Signs Facing Private Property .Prohibited All signs authorized hereunder must be placed on the side of property facing on public or private right-of-way. 25.38-16.04 Required Information on Signs rEach sign shall have the name of the maker, the date of the erection, and the permit number. Such information shall be clearly legible and on the lower right hand corner of the face of the sign in a conspriicuuo��.+-� c,n . �G� 1 �Uj ww,y( � wi •'r,�c, �1 25.38 (17) 25.38-16.05 Proper Maintenance of Signs The user, owner, or leasee of a sign authorized hereunder shall main- tain it in a manner satisfactory to the Director of Environmental Ser- vices or his authorized representative. All signs shall be maintained in a neat attractive condition and in repair. 25.38-16.06 Number of Colors Allowed All signs regulated by this Ordinance shall contain no more than four (4) complimentary colors. Black and white shall be considered as colors. 25.38-16.07 RESERVED 25. 38-16.08 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 (10) candlepower at ten ( 10) feet from the face of the sign. 25.38-16.09 Location of Right Angle Signs Right angle signs on faces of buildings shall not extend over eighteen (18) inches beyond the face of the building where located, except for pedestrian oriented signs. No right angle sign shall extend below eight (8) feet from the sidewalk or the right-of-way. Right angle signs supported by posts or standards shall not extend beyond the property line or into the public right-of-way. 25.38-16. 10 Obstruction of Passage Signs shall not be constructed so as to obstruct any door, window, or fire escape of any building. 25.38-16. 11 Maximum Si2nn •Area Limitation Unless otherwise authorized by this Article, regardless of the zone where located, no sign shall exceed the maximum area necessary to i- dentify the use. 25. 38-16. 12 Exceptions to Sign Limitations. Nothing contained herein shall prevent the erection, construction , or maintenance of official traffic, fire, and police signs, temporary traf- fic control signs used during construction and maintenance of utility facilities and substructure location and identification signs and markers required to protect these facilities, devices, and markings of the State Department of Transportation , the City Council , or of other competent public authorities, or the posting of the notices required by law. 25.38 (18) 25. 38-16. 13 Special Permits (1) Nothing herein contained shal•1 prevent the City Council from granting a temporary special permit or otherwise permitting, on such terms as it may deem 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 ad- jacent property or improvements. (2) Grand opening may be approved by the Director of Environmental Services subject to appropriate conditions. 25.38-16. 14 Imitation of Traffic Signal No person shall place, maintain or display upon , or in view of any street or highway any unofficial sign, signal , or device, or any sig- nal , sign or device which purports to be or resembles an official traffic sign or signal or which hides from view any official traf- fic sign or signal . Any such signal may be abated forthwith. 25.38-16. 15 Overhead Electric Conductors No sign or sign structure shall be erected in such a manner that any portion of its surface or supports shall be within six (6) feet hori- zontally of, or twelve (12) feet vertically of, overhead electric con- ductors which are energized in excess of 750 volts. 25.38-17 SPECIAL PURPOSE SIGNS .25.38-17.01 Trade Construction Signs One (1) unlit sign advertising the various construction. trades .shall be permitted on construction sites during the period that valid build- ing permit approval exists. Such signs shall not exceed three (3) square feet 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 con- structed. No trade construction sign shall exceed eight (8) feet in height. 25.38-17.02 "No Trespassing" Signs A "No Trespassing" or "No Dumping" sign not exceeding three (3) square feet shall be authorized for each parcel of property in addition to other authorized signs and shall be located and designed to other authorized signs and shall be located and designed thereon in a manner satisfactory to the Director of Environmental Services or his autho- rized representative. 25.38 (19) 25.38-17.03 Land Subdivision Signs Signs advertising land subdivisions shall be limited to one (1) double-faced sign of thirty-two (32) square feet per side, placed at a right angle to the street or two .(2) thirty-two (32) square foot signs facing the street. Such signs shall be at least two hundred (200) feet apart and shall be placed upon the subdivision. Such signs shall be removed at the end of two (2) years or when the subdivision is sold, whichever occurs first. These signs shall not be illuminated. 25.38-17.04 Lease Potential Signs One (1) sign advertising lease potential for future development, not to exceed twelve ( 12) square feet in area, fifteen (15) feet from any property line, shall be permitted for a single parcel multiple unit development. Howeve such a sign shall not be erected until Design Review Board proval is received for the proposed project, and all such signs shall be removed before a notice of completion is issued for the building or upon expira- tion of the Design Review Board Process approval . These signs shall face the street and shall not be illuminated. 25.38-17.05 Signs on Awnings , Etc. Painted, non-illuminated or indirectly lighted signs may be permitted on the borders or marquees, canopies, awnings, arcades , or similar structures or attachments if located and erected in a manner satis- factory to the Director of Environmental Services or his authorized representative. Such signs shall be included in the total authorized sign area. (1) Signs - Marquees and Canopies - 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 (16) inches in height, and provided further that each letter or image on such a sign does not ex- ceed twelve (12) 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. 25.38-17.06 Political Sign Regulations Applicants for political signs, as defined herein, shall comply with the following requirements: (1) The applicant shall post a One Hundred Dollar ($100) cash bond with the City to guarantee removal of the political signs. (2) Each sign shall not exceed five (5) square feet in area. (3) The signs shall not be located closer together than five " hundred (500) feet. (4) No political signs shall be allowed in any residential zone. 25.38 (20) (5) Such signs shall not be nailed to trees, fence posts or affixed to public utility poles and shall not be located in the public right-of-way. (6) All political signs shall be removed within ten (10) days after the election date or the bond posted shall be forfeited and the City shall use whatever part of the bond money as is necessary for removal . Any amount of the bond remaining shall be refunded upon request made within ninety (90) days after the election. No political signs will be posted earlier than forty-five (45) days prior to an election. (7) The One Hundred Dollar ($100) bond requirement herein shall also apply to signs located at campaign or party headquarters. (8) No fee or permit shall be required for the right to erect politi- cal signs but the applicant, or his agent, shall file with the Director of Environmental Services. a map or sketch, or other- wise adequately locating where the signs will be erected. (9) The City shall establish a separate account to be entitled "Political Sign Removal" for the purpose of accounting for these monies. Surplus monies from this account will be used to remove signs illegally posted without a bond. (10) No signs shall be permitted on trucks, automobiles, trailers, or any other movable vehicles. except for bumper stickers or other equivalent stickers not exceeding five (5) inches by twenty (20) inches (5" x 20") in size. 25.38-17.07 Signs for Public or Quasi-Public Uses Directional and public convenience signs for public and quasi-public uses may be permitted on public property. The design must conform to standard directional sign specifications promulgated by the Direc- tor of Environmental Services and approved by the Design Review Board. The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the Director of Environmental Services. 25.38-18 ENFORCEMENT 25.38-18.01 Territorial Application of Ordinance The provisions of this Article shall apply to all territory within the City of Palm Desert. 25.38-18.02 Duty to Enforce Ordinance It is the duty of the Director of Environmental Services to enforce all of the provisions of this Article. 25.38 (21) 25.38-18.03 Compliance with Ordinance: Nuisance Abatement The Council hereby determines that the public peace, safety, morals, health, and welfare, require that all signs and advertising structures heretofore constructed or erected in violation of any Ordinance of the City of Palm Desert, or the County of Riverside, in effect at the time such sign was constructed or erected, be and they are hereby made subject to the provisions of this Ordinance. Such signs shall be made to conform and comply with such requirements as soon as reasonably possible after the effecting date of this Ordinance. All signs and advertising structures which are not made to so conform and comply within a reasonable time shall be and they are hereby declared to be public nuisances and may be abated in the manner provided by the Palm Desert Municipal Code. 25.38-18.04 Removal and Amortization Period Any sign and outdoor advertising structure or sign which is non-conforming to the requirements of this Ordinance, either by variance previously granted or by conformance to the existing sign regulations at the time of the initial permit for said sign was issued, shall either be removed or brought up to Code requirements within the. period of time prescribed herein. 25. 38-18.05 Amortization Schedule I The following schedule shall be utilized for signs that are determined to have only minor non-conforming elements. The application of this schedule is limited to any one (1) parcel of land which has signs that do not con- form to one (1) or more of the categories in Schedule I and must be abated or modified under Schedule I. If any portion of all of the non-conforming .elements meet the classifications in Schedule II, it shall be the ruling schedule even though some element or elements would also meet Schedule I. AMORTIZATION SCHEDULE I Non-Conforming Section Period for Removal or Modification 25.38-4.02 . Directional or Safety Signs Life of the Sign 25.38-16.03 Signs Facing Private Property Life of the Sign Prohibited 25.38-16.04 . Required Information on Signs Life of the Sign 25.38-16.06 . Number of Colors Allowed Life of the Sign 25.38-16.08 Glare from Signs One Year 25.38-16.09 Location of Right Angle Signs Life of the Sign 25.38 (22) AV^RTIZATION SCHEDULE I (continued Non-Conforming Because: Period for Removal or Modification The word "motel" is used. Life of the Sign Sign is closer than ten (10) feet to the sign of another business. Life of the Sign More than one ( 1) main sign exists but the maximum sign area entitle- ment is not exceeded. Life of the Sign 25.38-18.06 AMORTIZATION SCHEDULE II All signs that are non-conforming as to the requirements of the following Sections shall be abated forthwith by. Schedule II : Section 25. 38-5.01 Rotating, Moving, Flashing, Changing, Reflecting, or Blinking Signs Prohibited Section 25. 38-5.02 Signs on Public Property or Right-of-Nay Prohibited Section 25.3g 8-5 03 Signs not Advertising the Use, Name of Owner, Products, or Services Available on the Premises Prohibited Section 25.38-5.04 Temporary or Portable Free Standing Signs Section 25.38-5.07 Combination Signs Section 25.38-5.08 Roof Signs Section 25.38-11 Signs in Residential Zones Other Than Single Family through Section 25.38-11.06 Double Frontage Lots. inclusive Section 25.38-12 Signs in Commercial and Industrial Zones through Section 25.38-13 Signs in RM Zones - Sign Area inclusive The intent of Amortization Schedule II is to cause abatement or modifica- tion of all non-conforming signs which have major non-conforming elements as specified by the above-described Sections. In order to utilize the abatement Schedule II set forth below, the owner of record, or his agent, shall make available the market value, as of January 1, 1977, of any sign or signs which have been deemed non-conforming by the provisions of these regulations within the Schedule II categories. The market value of non- conforming signs shall be based on the original cost, including cost of installation, of said sign less ten percent ( 10%) of the original cost 25.38 (23) year said sign has been standing prior to the effective per year for each y 9 qi'i� date of these regulations. The date of erection of any non-conforming sign complying. to Schedule II �f`) shall be established by the presentation by the owner of record of the sign, or his agent, of a certified copy of the corresponding building per- 4 mit on file in the Department of Building and Safety of either the City of Palm Desert or the County of Riverside. Any sign erected without the is- suance of a valid building permit shall be deemed an illegal sign and shall ? be removed immediately. All required documentation concerning the market value and erection date of any non-conforming sign shall be presented to the Director of Environmental r Services within fifteen (15) days of reception of the notice of non-confor- V mance. The Director of Environmental Services shall determine to his satin{ C faction the validity of all presented documentation. Any decision of the v Director of Environmental Services may be appealed, in accordance with Sec- tion 25.38-18,08. ' AMORTIZATION SCHEDULE II Adjusted Market Value of Sign Period for Removal or.Modification ` $ 10,00 or Less Immediately $ 10.01 to $1,000.00 1 year r � $1,000.01 to $2,500.00 2 years .3� }d $2,500.01 to $5,000.00 3_ years r $5,000.01 to $10,000.00 4 years OVER---------$10,000.01 5 years a11MM'' zoo 25. 38-18.07 Removal of Non-Conforming Signs Program Any sign that is in non-compliance with the regulations of this Article shall be removed prior to or upon the date designated for removal in the 1r' //-----dayc.-fo-l-lowing-the-dat--e-of-non=conformance. above abatement schdules. If the owner of, or the person or persons ree ("tosponsible for, the sign fails to remove the non-conforming sign�iim-Y oe p f-tfi �rea�i-ses upon-which-tim sign i-s rec-a- ed-shaa l-be-msponsibl.e —for`the-removal-of-thesignand-fhe work-shal-l-be-done-wi-thi-n-ni-ne-ty-(90) '-T-he-p-rocedur-e-for the-remoxal �#�.a�3�nvn�on�'mTr�"s`i'9n5"sfia-N'he-as'fo�ows (1) The Director of Environmental Services, after proper notification, may cause the removal of any non-conforming sign and shall , at his discretion, charge the costs incurred against any of the following, each of whom shall be jointly and severally liable for said charges; provided, however, that any decision or determination of the Director of Environmental Services may be appealed in accordance with Section 25.38-18.08 of this Article. (a) The permittee (b) The owner of the sign 25.38 (24) (c) The owner of the premises on which the sign is located. (d) The occupant of the premises on which the sign is located. (2) A sign removed by the City shall be held not less than thirty (30) days by the City during which time it may be recovered by the owner upon payment to the City for costs or removal and storage. If not recovered prior to expiration of the thirty (30) day .period, the sign and supporting structures shall be declared abandoned and title thereto shall vest in the City and the cost of removal shall be billed to the owner. 25. 38-18.08 Ad Hoc Sign Amortization Committee Within ninety (90) days after the effective date of this Article, the City Council shall , by resolution, establish an Ad Hoc Sign Amortization Committee. Said Committee shall establish the appropriate market value or amortization period for any legal non-conforming sign which is pre- sented by the owner of said sign. (1) Membership - The Committee shall consist of at least seven (7) members. a. Consisting of one (1) of each of the following: One (1) representative from the Chamber of Commerce One (1) representative from the Board of Realtors One (1) Councilperson One (1) Planning Commissioner One (1) Design Review Board Member b. Two (2) from any of the following fields of endeavor but limited to one (1) person per field.: Accountants Attorneys Building and Design Construction (2) Selection - The City Council shall select the representatives from the Chamber of Commerce and Board of Realtors from a list of three (3) provided by each group. (3) Termination - The Committee shall exist for a six (5) month period after its establishment. (4) Procedure - An owner of a sign who objects to the proposed amortization period, or established market value, for his sign may request a re-evaluation by the Sign Amortization Committee. Such a procedure shall be initiated by the filing of a request for re-evaluation with the Director of Environmental Services who shall call a meeting of the Committee to make a judgment. Upon notification by the City of the existence of a non- conforming sign and the City's estimated amortization period established by the utilization of the Schedules, the owner of said sign may appeal said established time periof to the Ad Hoc Amortization Committee. If the appeal includes a re- quest based upon an existing lease, said appeal shall be ac- 25. 38 (25) companied by a notorized copy of the signed maintenance lease in effect on January 1, 1976. (5) Criteria of Evaluation - The Amortization Committee shall establish the amortization period for any sign submitted to them based upon: A. Permit value of the sign at the time of original construction. B. Special circumstances applicable to the sign such as it being an integral construction element of the building, whose re- moval would require a major modification of the structure; or if the non-conforming character of the sign is determined by the Board to be so minor as to create an undo hardship. (6) Actions of the Amortization Board - The Board may affirm the established amortization period or establish a new amortization period for a sign under consideration. However, no extended amortization period shall exceed one (1) year or double the original allotted time. (7) Confirmation of Board Actions - The City Council shall confirm or deny and refer back to the Committee for re- consideration, all findings of the Amortization Committee within thirty (30) days after their decision.. 25.38-18.09 Uncertainty of Article Provisions Whenever the criteria is uncertain as to the ambiguity of the provisions, the applicant shall be referred to the Planning Commission for determina- tion. The Planning Commission shall then authorize the sign criteria which best fulfills the intent of this Article. 25.38-19 EXCEPTIONS PROCESS The Planning Commission may approve exceptions relative to size,. number, and location of signs after a Public Hearing in instances where an applicant is faced with exceptional circumstances because of type or location of business , or is trying to achieve a special design effect. The applicant must show that: A. The sign will be integrated into the architecture of the building; and B. The sign will not be detrimental to neighboring businesses or the community in general . The approval of exceptions shall be consistent with the provisions of Section 25.39-5.01 25.38 (26) 25.38-20 DISCONTINUANCE OF A BUSINESS Within ninety (90) days of the discontinuance of a business in any com- mercial or industrial zone or before a new business occupies the build- ing, whichever comes first, the sign owner, his agent, or the property owner shall remove all non-conforming signs and the wording advertising or relating to the discontinued business from all conforming signs. 25.38-21 NON-CONFORMING SIGNS MAINTENANCE Except for normal repair or maintenance not exceeding fifty percent (50%) of the value of the sign, no sign in existence upon the adoption of this Ordinance shall be modified, altered, moved or replaced, unless it is made to comply with the provisions of this Ordinance. 25.38-22 PENALTIES Any person, firm or corporation wilfully violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a maximum fine of not more than Five Hundred Dollars ($500) or by imprisonment for a period not exceeding six (6) months, or both such fine .and imprisonment, 25. 38 (27) 25. 38-20 DISCONTINUANCE OF A BUSINESS Within ninety (90) days of the discontinuance of a business in any com- mercial or industrial zone or before a new business occupies the build- ing, whichever comes first, the sign owner, his agent, or the property owner shall remove all non-conforming signs and the wording advertising or relating to the discontinued business from all conforming signs. 25.38-21 NON-CONFORMING SIGNS MAINTENANCE Except for normal repair or maintenance not exceeding fifty percent (50%) of the value of the sign, no sign in existence upon the adoption of this Ordinance shall be modified, altered, moved or replaced, unless it is made to comply with the provisions of this Ordinance. 25.38-22 PENALTIES Any person, firm or corporation wilfully violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a maximum fine of not more than Five Hundred Dollars ($500) or by imprisonment for .a period not exceeding six (6) months, or both such fine and imprisonment. 25. 38 (27) (5) Such signs shall not be nailed to trees, fence posts or affixed to public utility poles and shall not be located in the public right-of-way. (6) All political signs shall be removed within ten (10) days after the election date or the bond posted shall be forfeited and the City shall use whatever part of the bond money as is necessary for removal . Any amount of the bond remaining shall be refunded upon request made within ninety (90) days after the election. No political signs will be posted earlier than forty-five (45) days prior to an election. (7) The One Hundred Dollar ($100) bond requirement herein shall also apply to signs located at campaign or party headquarters. (8) No fee or permit shall be required for the right to erect politi- . cal signs but the applicant, or his agent, shall file with the Director of Environmental Services. a map or sketch, or other- wise adequately locating where the signs will be erected. (9) The City shall establish a separate account to be entitled "Political Sign Removal" for the purpose of accounting for these monies. Surplus monies from this account will be used to remove signs illegally posted without a bond. (10) No signs shall be permitted on trucks, automobiles, trailers, or any other movable vehicles except for bumper stickers or other equivalent stickers not exceeding five (5) inches by twenty (20) inches (5" x 20") in size. 25.38-17.07 Signs for Public or Quasi-Public Uses Directional and public convenience signs for public and quasi-public uses may be permitted on public property. The design must conform to standard directional sign specifications promulgated by the Direc- tor of Environmental Services and approved by the Design Review Board. The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the Director of Environmental Services. 25.38-18 ENFORCEMENT 25.38-18.01 Territorial Application of Ordinance The provisions of this Article shall apply to all territory within the City of Palm Desert. 25. 38-18.02 Duty to Enforce Ordinance It is the duty of the Director of Environmental Services to enforce all of the provisions of this Article. 25.38 (21) c ADDENDUM CALIFOR141A ROADSIDE COUNCIL 2636 OCEAN AVENUE SAN FRANCISCO, CALIFORNIA (415)681••6: NUMIERICAL SUMMARY OF .ANSWERS TO QUESTIONNAIRE CONCERNING CERTAIN CONTROL PROCEOUP.ES RELATED TO OUTDOOR ADVERTISING IN CALIFORNIA CITIES April I , 1970 TOTAL NUMBER OF CITIES REPLYING TO QUESTIONNAIRE . .. . . . . .. . .. . . 264 I . By your local ordinances, are off-premise outdoor advertising signs permitted in All districts . . . . . . . .. . . . . . . . . .. . . . . 13 Some districts . . . . . . . . . . . . . . . . . . . . . . 155 No districts (total ban) . . . . . . . . . . . . 96 2. Are non-conforming signs required to be removed? Yes . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 152 No . . .. . . . . .. . . . . . . . . .. . . . . .. . . . . . . . . 112 3. If your answer to M2 is YES, what amortization period is allowed? 3 years or less (3-) . . . . . . . . . . . . . . . . 63 5 years . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 32 6 or more (6+) . . . . . . .. . . . . . . . .. . . . . . 4 Sliding scale .. . . . . . . . . .. . . . . . . . . . . . 67 4. Have any non-conforming signs been removed as a result of this ordinance enforcement? Yes . . . . . .. . . . . . . . . . . . . .. . . 106 No . . . . . . . . . . . .. . .. .. .. . . . . .. . . . .. . . . 158 CALIFOP141A ROADSIDE COUNCIL'S COMPLETE RECORD, 1970 QUESTIONNAIRE �I Question XI ! N2 k3 N4 oW WZ '! a a J I 0 I W G 1 i + I J U I I W O Q N Z ,I T i Z I M M Ul I 'D 'DI LAN I� } I Z Alameda I x II x ' I x x Albany I x ;� x x Alhambra i x II x ! x I j I x i Anaheim ! x !, x I �I x I x i Anderson x ;I x --+--- ---- -- x - Antioch f x I - 1----�r---- -- I--- t Arcadia I i x ) x ---I-X x Arcata I x I x 1 I x ! x Arroyo Grand I x �I x �I ! { x x Artesia �I ! x I x I) l x x Atherton I j x (�--- --- ---t---I---- ---- x All removed Atwater I x x j x x Auburn jI ' x l x i - x ' ! x Azusa I x I x --j---+----t----� x ? Bakersfield 1 x x x i x Baldwin Park I1 ; x i x x x Banning x ! x I ! I x x Sell x' ; I x I I x I x Conditional Pell G;,rdens ; x x x I x New ordinance Dendina Be l mo,It !i I x 11 x �I -- t--- ----i---- --- -- 7 8elv:dere I I x I --- --- ----' ---''-----I --- None non-conforming . Ber'.eley !! i x I x I r - - I x x Be.,erly Hill I I x x x x Plggs �I I x I x x x Bishop x ! x I -- ----i----1 --- -- Bradbury x --- -=- ---- --- ---- ---- --- I Does this mean none Brawley ! x I x -x- --- --- ---- ---rx + non Brea x x -conforming? Brisbane x x x x Buena Park I x x x x Burbank ! ( x x x ` x Burlingame I x --- --- ---- --- --- --- --- -- None non-conforming Cabozon I x x ( x x Camarillo x x x x Capitola I I x x x x ,-risbad I� x x x x Carpinteria I: x x ---- --- --- ------ Chico I x x x x Chino " x x x x ? Chula Vista x x x x Claremont x x x x Clayton x x x x Clovis x x x x Coachella I' x x x x -2- Question BI N2 #3 #4 0 = W W W L L O J J O O W O + J U W O G �n >- In �'1 UN �O 10 N N Y Z Coalinga x x ---- --- ---- ---- --- ---- Colton x x x x Colusa --- --- --- --- --- ---- --- ---- ---- -' --- New ordinance pending Commerce x x x x Compton x x x x Concord x x ---- --- ----- ----- ---- ---- Corona x x x x Coronado is x x x Corte Madera x x x x Costa Mesa x x x x New ordinance pendinq Cotati x x x x Covina x x ---- -- ---- ---- --- ---- Cudahy x x x x Cupertino x x x x Daly City x x x x Davis x x ---- -- ---- ---- x v Delano x x x x Del Mar x x x x Desert Hot Springs x x x x None non-conforming Dixon x x x x Downey x x x x El Cajon x x ---- - --- ---- --- ---- El Centro x x x x EI Monte x x ---- -- --- --- --- ---- El Segundo x x ---- -- ---- --- ------- Elsinore x x ---- -- --- --- --- --- Escalon x x ---- -- --- --- --- - Escondido x x --- -- --- --- x ? Removal on Hwy. 395 only Etna x x --- -- --- --- --- Fairfax x x x x New ordinance pending Fairfield x x x x Ferndale x x x x Flllmore x x x x Folsom x x x x Fontana x x x x Fortuna x x --- -- --- --- --- ---- Fountain Valley x x --- -- --- --- ------- Fremont x x x ------- Fresno x x x x Fullerton x x x x Special amortization Galt x x x x formula Gardena x x --- -- --- --- 11 x I Garden Grove x x x x • -3- Question X1 N2 H3 H4 c� = W W W_ L L 0 J O Z� W O 1 + 'J L) W G G V: Z ?- Z M M lCl %C tn N Y Z GIIroy x x x x Glendora x x x x Gonzales x x x x Grass Valley x x --- --- ---- ----- -- --- Greenfield x x x x Grover City x x x x Half Moon Bav x x x x Hanford x x --- ---- ----- ----- Hawaiian Gardens x x --- --- ---- ---- -- --- Hayward x x x x Healdsburg x x x x Hidden Hills x x --- --- ---- ---- x a Hollister x x --- --- ---- ---- -- --- Holtville x x --- --- ---- -=-- -- --- Huntington Beach x x x x Imperial eeaci x --- --- ---- --- ---- ---- x ? All removed Indio x x x x Inglewood --- --- --- --- --- ---- --- ---- ---- -- --- New ordinance pending Irwindale x x x x Kingsburg x x --- --- ---- ---- -- --- Laguna Beach x x x x Lafayette x x --- --- ---- ---- --- --- La Habra x x --- --- ---- ---- x ? Lakeport x x x x Lakewood x x --- --- ---- ---- x La Mesa x x --- --- ---- ---- x Special formula La Puente x x --- --- ---- ---- x ? Larkspur x x --- --- ---- ---- x ? Lawndale x x' x x Lemoore x x --- •--- __-- ---- -•-- _-- Lindsay x x x x Livermore x x x x Livingston x x --- --- ---- ---- --- --- Lodi x x x x Lomita x x --- --- ---- ---- --- --- Lon_a Beach x x x x Los Alamitos x x x x Los Altos x x x x Los Altos Hills R --- --- ---- ---- ---- ---- --- --- None non-conforming Los Angeles x x x x Los Banos x x x x Los Gatos II x x --- --- ---- ---- --- --- Madera x x --- --- ---- ---- --- --- Question NI X2 N3 N4 l� co z — w o o w N > o � + z Z Fn M tll tp t0 in Ln 1 ?- Manhattan Beach x x ---- --- ---- ---- -- --- Manteca x --- --- ---- --- ---- ---- -- --- New ordinance pending Mariposa --- --- --" --- ---- --- ---" ---" --- --- No sign ordinance Mta rt i nez x x x x Marysville x x ---- --- ---- ---- -- --- Interim ordinance Menlo Park x x x x Merced x x ---- --- ---- ---- --- Pill Valley x x x x Millbrae x x x x Milpitas x x ---- -- ---- ---- --- ---- Modesto x x ---- --- ---- ---- --- --- Monrovia x x x x Montclair x" x ---- -- ---- --- x Special formula Montebello x x ---- - ---- ---- --- --- Monterey x -- -- --- -- ---- --- --- --- None non-conforming Monterey Park x x x x Monte Sereno Se x ---- -- ---- --- x Special formula Morro Bay x x --- -- --- --- ------- Mountain View- x x x x Napa x x x x National City x x x x Needles x x ----------------- Nevada City x x --- --- ---- ----- --f-- Newark x x x Newport P:;ach x x --- --- ---- ---- Norco x x x tt x� Norwalk x x x x Novato x x x x Oakdale x x --- --- ---- ---- --- -- Oceanside x x --- --- ---- ---- -- -'- Ojai x x x x Ontario x x --- --- ----- ----- Orange x x --- --- ---- ---- -- --- Oroville x x ---- --- Oxnard x x x x Pacifica x x x x Palm Springs x x x x Palos Verdes Estates x -- --- --- --% ---- ---" ) -X --- None non-conformin- Parlier • x x x x Pasadena x x. • -5- Question 11 #2 93 #4 Z — w —j L Z N O O C to Q L } ZZ n'k N V kc N N } Z Paso Robles x x --- --- ---- ---- -- --- Patterson x x x x Perris x x ---- --- ----- ---- -- --- Petaluma x x ---- --- ---- ---- -- --- Pico Rivera x x x x Pinole x x x x Pismo Beach --- --- --- --- --- ---- --- ---- ---- -- --- No sign ordinance Pittsburg x x ---- --- ---- ---- -- --- Placerville x x x x Pleasant Hill x x x x Pleasanton x x x x Porona x x x x Portervilie x x ---- --- ---- ---- --Port Hueneme Hueneme x x x x Portola Valley x x x x Red Bluff x x x x Redding x x ---- --- ---- ---- x ? Redlands x x ---- --- ---- ---- x Removal on change of Redondo -- owner Beach x x --- --- ---- ---- --- - Redwood City x x x x Reedley ' x x x x Rialto x x �---- --- ---- --: --- ---1 Ridgecrest x x x x Richmond x x x x Rio Dell — --- — --- -- ---- -- ---- ---- -- --- Sign ordinance pending Rio Vista x x x x Riverside x x ---- -- ---- ---- --- ---- New sign ordinance pending Rolling Hills x x ---- --- ---- ---- --- --- Rolling Hills !! Est. x x y- x x Rohnert Park x x 4 --- -- ---- ---- --- --- Rosemead x x x -- -- Roseville x x x x Sacramento -- -- -- x ---- --- ---- ---- x ? Salinas x x x x San Anselmo x x --— --- ---- ---- --- --- New sign ordinance pending San Bruno x x ---- --- --- - - x ? zone San Diego x x ---- --- -- --- x Removal required in one! San Dimas x x ---- --- --- --- x Exception: tract signs San Fernando x x x' x Sun Franciscd x x x x San Gabriel I x x ---- --- ---- ---- --- --- r � -6- Question 81 #2 f,3 BC Z z - w W W 0 0 G J J y J < N J WLU Q Ul Z I } i Z InA L1 kO %0 V1 N } Z San Jacinto x x x x San Jose x =4 x x x --Only tract and direc- San Juan tional signs In- all Capistrano x x x x districts San Leandro x x x x San Luis Obispo x x x x San Marcos x x ---- ---, ---- ---- --- --- San Marino x x ---- --- ---- ---- --- ---- San Mateo x x x x ` San Rafael --- --- --- --- --- ---- --- ---- ---- --- --- New sign ordinance pending Santa Ana x x ---- --- ---- ---- --- ---- Santa Barbara x x x x Santa Clara x x x x Santa Cruz x x x x Santa Fe Springs X. x x x Santa Haria x x x x Santa Rosa x x x x Saratoga x x x x Seal Beach x x ---- -- ---- ---- --- --- Seaside x x x x Selma x x x x Sierra Madre x x x x Signal Hill -- --- ------ -- ---- -- --- ---- --- --- New sign ordinance pendinr, Sonoma x x --- x x Sonora x x -- --- ----} --- --- South El t Monte x I x . ---- -- - --- i'-x- ? Southgate x x ---- -- ---- 1l --- South Lake Tahoe x x --- x x So. Pasadena x x --- -- --- --- ---- So. San Francisco x x x x Stanton x x x x New sign ordinance perdir.c St. Ceres x x x x St. Helena x x 1 x x .Stockton x x x x Suisun City x x x x Sunnyvale x x x x Taft x x - - --- ---I --- --- ?�hachepi x x ( x x Tr_mplo City x x --- -- -- --- x Condition h nd Oaks x x• x I x -7- Question 81 #2 93 #4 = W L l p J J Z O O t J U W O J O O W O G N r M M u1 �D %D N Vl >- 2 Tiburon x x x x Tracy x x x x Tulare x x --- --- ---- ---- -- --- Tulelake -- --- --- -- --- --- --- ---- ---- -- --- No sign ordinance Tustin x x --- --- ---- ---- -- --- Union City x x x x Upland x x x x Vacaville x x Spe [al form ila x Now sign ordinance pending Vallejo x x x x Ventura x x x x Villa Park x x x x Visalia x x -- --- --- --- -- --- Vista x x -- --- ---- ---- -- --- Walnut x x x x Conditional Walnut Creek x x x x Watsonville x x Spa ial form la x West Covina x x x x Westminster x x -- --- ---- ---- -- --- Willits x x . --- --- --- ---- -- --- Woodland x x -- --- ---- ---- -- --- Woodside x x --- --- --- ---- x Yuba City x x --- --- --- --- -- SURVEY DONE BY THE CITY OF RIVERSIDE PLANNING DEPARTMENT 1970 9 TABLE I SURVEY OF CALIFORNIA CITIES LIMITATION AND/OR METHOD CITIES USING AMORTIZATION OF AMORTIZATION AMORTIZATION PERIODS 1 . Alameda . . . . . Billboards . . . . . . . 5 years 2. Alhambra . . . Billboards . . 3 years 3.' Anaheim . . . . . . . Combination Type & Value. Unknown 4. Berkeley . . . . . . All signs . . . . . . . . 10 years 5. Buena Park . . . . Portable . . . . . . . 90 days Billboards . . . . . . . 3 years, All others . . . . . . . 5 years 6. Burbank . . . . . . Unknown . . . . . I to 10 years 7. Claremont • • , , . . Value Less than $150 . . . . . 180 days More than $150 . . . . . 5 years 8. Compton . . . . . . . Billboards . . . . . . . 3 years 9. Downey . . . . . . . All signs Commercial Zones 5 years 10. Fairfield . . . . . . Freeway Signs . . . . . . 3 years All others . . . . . . . 10 years 11 . Fresno All Signs . . . . . . 5 years 12. Fullerton . . . . . Combination Type & Value 4 months to 25 years 13. Glendale . . . . . . Service Station Signs 120 days Freeway Signs . . . . . . I year 14. Hayward . . . . . . . Combination Type & Value 30 days , d 10 years 15. Lakewood . . . . . . Unknown . . . . . . . . . 13year-s 16, Las. Angeles Selactlon of Specific Signs 3 and 5 years 17. Lynwood . . . . . . All Signs . . . . . . . Unknown - 18. Modesto • . . All Signs . . . . . . . . 3 years 19, Montebello . . . . . All Signs . . . . . . 3 years 20 . Monterey Park . . . . Commercial Signs and Billboards 2 years 21 . Norwalk . . . . . . . Billboards . . . . . . . 3 years 22. Oxnard . . . . . . . Pennants, Flags Temporary Movable,' etc. 6 months All Others . . . . . . . 10 years 23. Palo Alto . . . . . . Painted Signs . . . . . . 2 years All Others . . . . . . . 5 years 24. Pomona . . . . . . . Off-Site Sign (Except in Industrial Zones) . . 2 years 25. Salinas . . . . . . All Signs . . . . . . 5 years 26. San Leandro . . . . . All Signs Central Business District Only 5 years 27. Santa Barbara All Signs . . . . . . 5 years 28. Santa Clara . . . . . Painted Wall Signs . . . 2 years All Others . . . . . . . 5 years 29. Santa Monica . . . . Mail Signs Only . . . . . 4 years 30. Santa Rosa . . . . , Value . . . . . 90 days--10 years Variable maximum based on value 10 TABLE .(Continued) LIMITATION AND/OR METHOD CITIES USING AMORTIZATION OF AMORTIZATION AMORTIZATION PERIODS 31 . South San Francisco Value . . . . 5 -years, 7 years, Variable .maximum based on value 32. Stockton . . . . . . All Signs . . . 5 years 33. Sunnyvale . . . . Combination Type & Value 60 days, 6 months, I year, I to 10 years based on value 34. Vallejo . . . . . . . Freeway Billboards . . . 3 years 35. Ventura , Combination Type & Value I to 4 years SUMMARY TOTAL CITIES METHOD USED ZONE 'OR ALL SIGNS LOCATION TYPE VALUE COMBINATION NOT KNOWN 35 S 3 14 3 5 2 AMORTIZATION PERIODS* PERIOD I YR OR LESS 3 YRS ' 5 YRS 7 YRS . 10 YRS OVER 10 YRS VARIABLE FREQUENCY OF USE . 9 10 14 1 . 6 2 5 * Excludes Ventura, Lynwood, Anaheim Source: Planning Department Questionnaire Survey — February, 1969 2/12/76 SIGN ORDINANCE COMMITTEE Herb Powers oe Benes — mG,z+. r. /w d r'U Lyman Martin �a Graham Dexter— /41J-j/lr Al Stutz Ted Smith — , ,*W S �- R Amer Huling _ pyjGY . cgxff lot 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 November 17, 1976 To All Members of the Chamber of Commerce Sign Subcommittee Dear Member: As you are aware, the Planning Commission and the City Council have been reviewing the preliminary Sign Ordinance which was developed by the Chamber of Commerce Subcommittee of which you are a member. As a result of the initial review by the City Council , and the input they have received as a part of the Pub- lic Hearings, they have referred the matter back to the Planning Commission for work in specific areas; particularly in the area of the Amortization Schedule. As a result of the comments re- ceived by the City Council , the staff has revised the prelimi- nary Sign Ordinance to include those concerns. Because of your involvement in this document, from its initiation, and because of the great deal of input and work that you have put into this document, I thought it appropriate to forward a copy of the latest document for your review. The Planning Commission has continued the Public Hearing on this matter until December 14, 1976, and if you think it is appropriate to meet regarding the revisions and to make a recommendation to the Commission, I would be glad to make the arrangements; or.as an alternative, if any of you have any comments you wish to make regarding the document, please feel free to forward to them me either verbally or in writing so that I may present your opinions to the Commission when they review the matter. Continued. . . . . . . . .. . ./ Members of the Chamber of Commerce Sign Subcommittee Page Two November 17, 1976 I don't believe that each of you have been adequately thanked for the work that you have done on this document and other projects for the City and I would like therefore to take this opportunity to do that at this time. I personally appreciate the effort that you have expended in assisting the City in these areas and I think you should be commended for this. Sincerely, PAUL A. WILLIAMS Director of Environmental Services City of Palm Desert, California Attachment (as noted) PAW/mj lei 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 November 17, 1976 Mr. George Kryder 44-850 San Pablo Avenue Palm Desert, California 92260 Subject: Action taken by the Planning Commission regarding the Sign Ordinance Dear Mr. Kryder: At their regularly scheduled meeting of November 16th, the Plan- ning Commission did review the revised preliminary Sign Ordinance and at. the request of Mr. Noe, did continue the matter to Decem- ber 14, 1976. I am writing to you at this time to suggest that in order to give the Commission as much input as possible at their meeting on December 14th, I would suggest any recommendations your i organization may have regarding the Sign Ordinance be forwarded to the Commission as early as possible so that they may weigh your re- commendations prior to the meeting. Further, I would suggest that if you have any questions regarding the document or require any ad- ditional information, please feel free to contact me at any time. I wish to thank you for your interest in this matter and I do ap- preciate the assistance you have given the Council in their review of this Sign Ordinance and appreciate .any assistance you may give to the Planning Commission in their development of recommendations to the Council on the revised Sign Ordinance. 3reAl e A. WILLIAMS, Secretary Palm Desert Planning Commission PAW/mj J `• �J�IJ� �� r-NJ_LJ-UJJ� d Ll/�� - 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 ;November 17, 1976 .*r. 'Nestor Noe -_73-535 El Paseo :Palm Desert, California 92260 'Subject: Action taken by the Planning Commission regarding _-the Sign Ordinance. rear Mr. Noe: At their regularly scheduled meeting of November 16th, the Plan- ,ring Commission did review the revised preliminary Sign Ordinance ` :fond at your request, did continue the matter to December 14, 1976. :I am writing to you at this time to suggest that in order to give -the Commission as much input as possible at their meeting on Decem- ber 14th, I would suggest any recommendations your organization may ::have regarding the Sign Ordinance be forwarded to the Commission. as i :.early as possible so that they may weigh your recommendations prior :,to the meeting. Further, I would suggest that if you have any ques- tions regarding the document or require any additional information, ,-,,Tlease feel free to contact me at any time. 3>wish to thank you for your interest in this matter and I do appre- 'xiate the assistance you have given the Council in their review of =this Sign Ordinance and appreciate any assistance you may give to I ' the Planning Commission in their development of. recommendations to the Council on the revised Sign Ordinance. incerely, A. WILLIAMS )ir-ector of Environmental Services :.City of Palm Desert, California 'PAW/mj PROOF OF PUBLII -ION This sp is for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIAJ ss. County of Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above Proof of Publication of entitled matter. I am the principal clerk of the printer of PALM DESERT POST, a newspaper of general circu- lation, published weekly, in Palm Desert, County of ---------Proposed__-SS_gn__Ordinance Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, ----------------------------------------------------------------------------- under date of October 5, 1964, Case Number 83658; that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of LEGA NOTIc CITY OF PALM D said newspaper and not in any supplement thereof on P ESERTORDINANCE N 1 :Is hereby the following dates to-wit: Pabn.Heorrngwn�be We h it fore;lh'e1,P,al n Desert P,lonn) Com m�IdsslonSto^.co $'IderYt ' whe chstw�Il I11b�ecomD I 2536 o ythesPalmcDe cipali:Code antl revisio Lion 125Yi9-2T70{Io pincrea applicbtlans9ireviewabl b Dhector o Environm n a fro -5500 n al 1,000 a lue Coo pob of``te tlocum oval labl In71he Planning f(ce o he Palm De so Ty Hall heldi'on auestlay Nov�eynm�Ser ______-__________-----___—________________—_______________ Coo 97 awhtlth�P,81 a11{ I6 976 at 7:00 all 5t IvtPear Lbn Palm�De ar ted 1 certify (or declare) under penalty or perjury that the nvi attend andtbe heard. foregoing is true and correct. PAULA.WIL AM secreg g PalmlDew"Planning Commission PDP- 1 d1 - - - ------ -- ------- Signature Date-__"vembe-r---4 -- - - — 1974&_ at Palm Desert, California { r. PROOF OF PUBLICATION k v C3 0 -o 0 to ti rn C (P C) z ' N J e o a n � d cn * wrD - � w m o. 3 0 co j x z o 1 <-r (D yt.a -h N J n m r+ rr N r'I f1 rr m m S o m N N co n _� -h -S U. (D _r N �I CD rt m d {� V O -O m j lJ < O L J� i m NtA r�J • N (a p c+ fD (A -5 -5 rD O O N O m O _ O S m m ~ c (<D0 ((DD o N rr -S r n t < �a = CD (D N c m v n a m r 0 n O .. 3XN c(ro D rr (D f rD m m • m s}� J rP h U' N O O- O 'O S m _ S 'O r �, o. m N N - a X n J U N r 0) o m =5 -s a� o : �(D m m m O j O O D N (Vt (Dr n.< cn m ^ m N m J J n w Z m (Dm rD[O N m v m �. 3 m 1 (D I0 (D O N m m 0 m m Q N O rr X et N j r'r N to t, m fD m -0 r J { o m I� j < a -- -tom w m o = =•-ffDD G '-S m 'S (a a. O' -• � Nrr 3 / 1 Im Im Cox- �'1" J'O z O O `�f t rr�n IrD O -O (a I i S O fD O 'S m O D- ` m n I-h O rr -S I O rr • O �N 7 •r+ c (D D U, o rD S a' S rt m t o- 3D N O r'r rr G n N Q to m -S o (D '�• m O O K c-r rr O.:,, m m m O j 3I T (D rr X 'O X -S O l C m 1+ N 7n r+ s m -5 0 0 m a o Co (AOrr a 3 -o a (D (D C� N (D m N 3 0) 'S rD D m < rr m (a -h n mllJJn�� m N m 3 N N 1 Lf%) rr 'S -- N N rr n 0 O m O O -S m jN < r+ 0 (G p I( m (D -h O O fD m Z -h' N r+ rr N I = O n m'-O S'S ` LJ; mom ma `N LI rF /0 N 7 N (D -• m m a m m T (' rr m . CI -s ( 77 n Lr-(1 o �c z 1 N i w O rr ul w ' N -(D r+ In • N� w n w a u rr r o (D rD m' N V •� r+ n In (-r r+ -s fo rn -1.3 w N In W W W [O fD ro V y �' coIx w O J co n S = a rD + x ::r 1 ro = w 1 x (D < w 1 r+ 0 O- c rD (D x "5 (D W � -' W n N (D rr cD N x soro (D ro ro + awco — (D mr+ • X G -U ro w C+ (n O (O = N rD rr -s w -�• N n O rD N J 0 r+ r+ r-. O to Y CD a -0 (D .p (n rr (n 0 •O �• c O -1r w -r• rD ro N (< In S = c rD J • O J = c n t0 0 t-+ In ro = (D M. w � � nw I - "-1 C L7 w = a z ro j c j - < J - x rr w •^� = a 0 w -5 m J � O c Cr 3 0 --11 fD 'n u O O O O = CD O rD . r+'O rr O w m w fb O O- n w 0- CD = ry 0 r+ O (D `-. m O) n n n rr rr a N -- -0 w rl = -5w _- . - (D w h 0 O � O :_ w ti . 0 a (Da (D � ro 0 ms+ ova a rD5n0 -. -� � rpo (�'� -5 = (D In N S O r+ to (D ro rr O -o N O `S n In rDa 0 o (o = C � N w � -5 o h + m D (D w = � w ;a rD J I CDO rDrr o _s (D a a (DO (Do0 x = w m (D n (Do J 0 O J O -- (D 'I (DrG d - � rD = N -h(D 0 r+ ro 6 -h w < Z '0 -�• C ro < -0 j O ro • In -5 a (D f0 w 'v r+� rDn rD m �' -. n O- w n -h I a c N =n o. = w rr b}1 t0 O a rr t< w ro ( a rn vI0 -... < ao = w � o 00 ❑Lf -s -O w c0 O' O' O r+(O 0 row O- ro fD N � � o -� o r+ c J o we �• ct (D a r+ w i (D r-r •v a n jr c J . ro w =- - ro In w ro lG a N = _ --h •(D a (D w N r+ a O � 5 0 Vf N = -•5 .. fD rr n 0 0 1 w C 1 I (D r+ ' = n 0 rr a N 'O O w a .^+ N 0 3 I J5 N lh r+ O w C N (Lr nj A W Vl • 'S rt M r+ (n •s = (D cn Yet O N h fD (n ^ r-r`•5. 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W X S 3 O N 3 -. 0 CTIn r F a/`/ClJ/11 o a a c rr m 3 -5 In cr `< 0 N 3 J< o m o -0 0 J N m J D j (D r+ r+ O m -h O a O f _ r1 -gym -rll N O r+ (gyp -ten • n N . 0- , �. n1 N �• m a = = -r• rF 3 3 a I I t=J Cr n N w -' (D 3 N m n 1 (D 1 3 rrm (D m an. m m 0. m I 0 O rD cJ m -n o P� n 0 3 0 0 I 0 L �l N /1 n 1 w7 r �nl t frr 0 z ' 1 ARTICLE 25.38 PALM DESERT MUNICIPAL CODE THE SIGN ORDINANCE EXHIBIT 'A' Adopted 8/12/76 ordinance 129 I� f TABLE OF CONTENTS Page - ARTICLE 25.38-1 INTENT AND PURPOSE 2 .38 (1 ) ARTICLE 25.38-2 DEFINITIONS 2 .38 (1 ) ARTICLE 25.38-3 SIGN PERMIT PROCEDURES 2 .38 (3) ARTICLE 25.33-4 EXCEPTIONS To bt,.N 2 .38 (4) ARTICLE 25.38--�* ABATEMENT OF ILLEGAL SIGNS 25 38 (5) ARTICLE 25.38- ADJUSTMENTS 25 38 (5) ARTICLE 25.38-7 ARTICLE 25.38-8 SAFE SIGNS 25 38 (5) n 7• r 9C ; _ 7 ti°T- ;f' 1in...r...r...,I -M +.iT _ .25. 38 AR ICLE-25. 8-9� 1 FRM_T-R': G . Q' RE E : - -_. _�_. _ ) RTICLE 25.38- � DOUBLE PERMIT FEE 25.38 (6) ARTICLE 25.38-K, PROHIBITED SIGNS 25. 8 (6) ARTICLE 25.381 PERMITTED SIGNS - PURPOSE 25. 8 (6) ARTICLE_ 25.38-1� SIGNS IN SINGLE FAMILY ZONES 25. 8 (7) ARTICLE 25.38--'FA• SIGNS IN RESIDENTIAL ZONES OTHER THAN SINGLE FAMILY 25. 8 (8) 12 ARTICLE 25.38-ice SIGNS IN COMMERCIAL AND INDUSTRIAL ZS•-BA-13 ZONES 25. (10) ARTICLE. 25.38-10 - 1 GE A OhISIONS 25.3 (1 25.38 115.,01 Design Review Board Process 25.3 (14) 25.38-16.02 Sign Review Criteria 25.3 (14) 25.38-16.03 Signs Facing Private Property Prohibited 25.3 (15) 25.38-16, 04 Required Information on Signs 25.3 (15) 25.3846. 05 Proper Maintenance of Signs 25.3 (15) 25. 38-1'6.06 Number of Colors Allowed 25.3 (15) 25.38-16.07 Internal Illumination - Size Reduction 25.3 (16) 25.38-Y;.08 Glare from Signs 25.3 (16) 25.38-1 ;.09 Location of Right Angle Signs 25.3 (16) 25.38-16. 10 Obstruction of Passage 25.3 (16) 25.38-16. 11 Maximum Sign Area Limitation 25.38 (16) 25.38-1y. 12 Exceptions to Sign Limitations 25.38 (16) 25.38-16,13 Special Permits 25.38 (16) 25. 33-16.14 Imitation of Traffic Signal 25.38 (16) 25.38-15. 15 Overhead Electric Conductors 25.38 (17) i 1 CONTENTS (continued) Page ARTICLE 25.38-17 SPECIAL PURPOSE SIGNS 25.38 (17) 25.38-17.01 Trade Construction Signs 25.38 (17) 25.38-17.02 "No Trespassing" Signs 25.38 (17) 25.38-17.03 Land Subdivision Signs 25.38 (17) 25.38-17.04 Lease Potential Signs 25.38 (17) 25. 38-17.05 Signs on Awnings, Etc. 25.38 (17) 25. 38-17.06 Political Sign Regulations 25.38 (18) 25. 38-17.07 Signs for Public or Quasi-Public Uses 25.38 (18) ARTICLE 25.38-18 ENFORCEMENT 25.38 (18) 25.38-18.01 Territorial Application of Ordinance 25.38 (18) 25. 38-18.02 Duty to Enforce Ordinance 25.38 (19 ) 25.38-18. 03 Compliance with Ordinance: Nuisance: Abatement 25.38 (19) 25.38-18. 04 ��c Removal and Amortization Period 25.38 (19) 25. 38-18.05 0y �" Schedule I 25.38 (19) 25.38-18. 0V Ad Hoc Sign Amortization Committee 25.38 (20) 25.38-18. 01 Uncertainty of Article Provisions 25.38 (21 ) ARTICLE 25.38-19 EXCEPTIONS PROCESS 25.38 (21 ) ARTICLE 25.38-20 DISCONTINUANCE OF A BUSINESS 25.38 (21 ) ARTICLE 25.38-21 NON-CONFORMING SIGNS MAINTENANCE 25.38 (21 ) ARTICLE 25.38- 22 PENALTIES 25.38 ( 27) ii 5 ARTICLE 25.38 SIGNS 25.38-1 INTENT AND PURPOSE This article is intended to implement the goals and policies of the General Plan particularly with regard to developing_ a City that is visually attractive and reserving and enhancing the visual ects of the City s streets and highways. his artic e is a so in e to,provide for a more orderly presentation of adver- tising displays and identification on properties within the City of Palm Desert 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, ind to dos b regulating and controllingthe location desi n, qualit of ma erials illumination and main- tanance of signs an sian1„strut ures. 25.38-2 DEFINITIONS 25.38-2.01 Sign A sign shall mean any thing of visual appearance primarily used for, or having the effect of, attracting attention from the streets, sidewalks or other outside public areas for identification purposesi A sign shall root mean displays of merchandise or products for sale on the premise;n signs ,inside buildings except when less than three feet behind a window and facing public view, or ornamentation, design, statuary, architecture, landscaping, pictures, paintings or other such art forms unless, in the case of any exceptions listed in this Section , the attraction, because of locations , size, use or the nature thereof, has the substantial effect of attracting attention for identification purposes when viewed from an outside public area. The basic intent behind this definition is not to discourage product displays , design or art forms epitomizing simplicity, good taste and compatibility with the community's desired image. 25.38-2.02 Advertising Device Any balloon, flag, pennant, propeller, oscillating, rotating, pulsating light, or other contrivance except a sign used to attract attention for the purpose of promoting (either directly or indirectly) , the sale of products of any person. 25.38-2.03 Advertising Display Any device, contrivance, statue or structure other than a sign used as a display, regardless of size and shape, for the purposes of attracting attention or making anything known, the origin or place of sale of which is on the property with such advertising display. 25.33-2.04 Area of a Sign The area of a sign shall be within a single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, repre- sentation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differ- entiate such sign from the background against which it is placed. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface 25.38 (1) which is visible from any ground position at one tip- . The supports, uprights or structure on which any such sign is supported shall not be included in determining the sign area unless such supports, uprights or structures are or is designed in such a manner as to form an integral background of the display. 25. 38-2.05 Building In addition to its common meaning, a building shall include any structure requiring a building permit. 25.38-2.06 Business Sign A sign displaying information pertaining to goods or services offered or pro- duced by the business located on the property, but not including advertising devices or advertising displays. 25.38-2.07 Combination Sign Any sign incorporating any combination of the features of freestanding, pro- jecting and roof signs. 25.38-2.08 Construction Sign _ A temporary sign stating the names of those individuals or firms directly connected with the construction or development project, their addresses and their telephone numbers. 25. 38-2.09 Externally Lighted Sign A sign whose immediate source of illumination is not enclosed by the surface of the sign structure. 25.38-2. 10 Freestanding Sign A sign supported by uprights or braces placed upon or into the ground and detached from any building. 25. 38-2. 11 Height of a Sign The greatest vertic* distance measured from the ground level directly beneath the sign to the top of the sign. 25.38-2.12 . Identification Sign A sign limited to the identifying name, symbol or insignia, or any combination thereof, of a building, use, or persons occupying the premises on which the sign is located. 25. 38-2. 13 Internally Lighted Sign A sign whose immediate source of illumination is completely enclosed by the surface of the sign structure and whose maximum light output shall not exceed ten (10) candlepower per square foot measured at ten (10) feet from the sign . 25.38-2. 14 Name Plate A sign not exceeding one ( 1) foot by three (3) feet signifying only the name of the occupant and his occupation or speciality. 25.38 (2) A sign placed for th urpose of advertising product:' services that are not produced, stored or » id on the property upon which t. _ sign is located. 25. 38-2.16 Price Sign A sign limited to the name or identification of items or products -offered for sale on the premises, and the price of said items or products. 25. 38-2. 17 Projecting Sign A sign other than, a wall sign suspended from or supported by a building or structure and projecting outward therefrom. 25.38-2.18 Real Estate Sign A temporary sign advertising the sale, lease, or rent of the property upon which it is located, and the identification of the person or firm handling such sale, lease or rent. 25.38-2. 19 Roof Sign 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 roofi ;The top of a parapet wall shall be considered-the eave line_. The lowest .point of a mansard style roof shall be considered the eave line. Where a parapet wall is combined with a mansard roof, the eave line shall be the top of the parapet'. 25. 38-2.20 Sign Face The surface or that portion of a sign that is visible from a single point as p a flat surface or a plane and considered as such together with the frame and the background. 25. 38-2.21 Wall Sign 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. 25. 38-2.22 Face or Wall of Building The face or wall of a building shall mean the outer surface of any main exterior wall or foundation of a building, including windows and store fronts. 25. 38-2.23 Political Signs Political signs shall. mean any sign concerning candidates for political office or involving a ballot issue. 25. 38-2.24 Vehicle Identification Signs - Vehicle identification signs shall mean any sign attached to a vehicle which advertises the owner's name and/or occupation which is permanently attached to the vehicle and does not exceed six (6) square feet in area. SIGN PERMIT PROCEDURE It shall be unlawful for any person to erect, alter, permi or maintai including painted signs, unless otherwise excepted by this Article, a s any property ithout first obtaining a written sign permit from the Department of Environmental 9; IR (31 1,_ Services as required by this Article. Signs exce in y�s06 n y lue shall be re- �viewed through the Design Review Process as speci 'ed in ec i n 25.39-+inclusive. Application for such permit shall be made on a form vided by the Department of Environmental Services and shall be accompanied by a fee as established by Council Resolution. The application shall set forth and contain the following information and material : ,, -25.38-3.01 Three Copies of a Plan Showing: (1 ) The location and size of any building or structures on the property, both existing and proposed; (2) The location of off-street parking facilities, including major points of entry and exit for motor vehicles where directional signs may be proposed; (3) The position of the proposed sign and its relation to adjacent buildings and structures; and (4) The design and size, colors proposed, and proposed location of the sign or sign structure on the property. \v/ (5) The method of attachment to any structure L&, A statement showing the sizes and dimensions of all other signs existing on the property. t7J A statement showing the relationship of such sign or sign structure to the appearance and design of existing or proposed buildings and structures on the property. -WM_3'8_0 CQ)Such other information as the Department of Environmental Services may reasonably require to secure compliance with this Article and the Ordinances of the City. 7 -�^ 25.3II-3.4 Signs on all proposed buildings or new additions to existing buildings shall be designed as an integral part of the total building design. 25. 38-4 EXCEPTIONS_' P 5ita i�Ew`►.T ptl.+c�iSJ'�'63 The following signs, if not illuminated, shall be allowed on all commercial , indus- trial and residential zoned property without a sign permit being required: 25.38-4.01 (One 1 ) ldehtification Sign ` r_! Not exceeding one (1 ) square foot in area, and displaying only the name and; address of the owner of the occupant.) 25.38-4.02 `Directional or Safety Si=A As required, provided that: (1 ) Each such sign has first been reviewed and approved by the Design Review Board and/or the Director of Environmental Services; and 25.38 (4) (2) Such signs do not exceed three (3) square feet per face. 25.38-4. 03 r[rnblems or FlaCjs (1 ), Emblems or Flags of Non-Profit Organizations - As required, provided that each has first received approval by the Design Review Board and/or Director of Environmental Services. 25.38-4.04 (Religious, Charitable, Educational., or Cultural Posters Not exceeding sixteen (16) square feet in area, and temporary in nature. 25.38-4.05 (Governmental or Other. Legaily Re uired Pesters , Notices for - 25.38-4.06 CUtility or Telephone Pay Station Signs 11 25.38-"a ABATEMENT OF ILLEGAL SIGNS The Director of Environmental Services shall see that this Ordinance is enforced. He shall not permit, and shall abate, any sign within the City which fails to �eet the requirements of this Ordinance or other applicable law. /F 8ADJUSTMENTS Zoning Administrator for either. new or existing signs, may grant slight ad- ments. to�sign colors or authorize deviations from sign area or setback require- s not to exceed ten percent (10%) upon a finding that the conditions for iance exist as prescribed in the Palm Desert Zoning Ordinance and as further forth herein.8IT Director of Environmental Services,. or his authorized representative, shall ve any �femporary sign for which a sign permit has not been obtained as required his code. The Director of Environmental Services, or his authorized representa- , shall notify the ovaner or user of a permanent sign vahich has been installed hout the acquiring of a sign permit, that said i11ega1 sign shall be removed in ten (10) days. Upon receipt of this notice, the owner or user of a permanent that is determined to be illegal does have the right to appeal the decision or ice within ten (10) days thereafter to the City Council pursuant to the provisions he Public Nuisance Abatement Ordinance No. 24. zG46%7 tn 25.38-8 E SIGNS The City Council shall adopt by Ordinance, a set of rules and regulations to guaran- tee that all signs are safely constructed. These rules and regulations shall be made available to the public. The Building Official shall see that all signs within the City meet the safety requirements promulgated in the rules and regulations. Unsafe signs shall be abated. 25.38 z", PER RECORD REQUIREMENT The Department of Environmental Services shall keep a copy and permanent record of each sign permit issued. Each such copy shall show the permit number. The permittee shall be required to exhibit the permit at all times in a place satis- factory to the Director of Environmental Services. 25.38 (5) 25.38-" DOUBLE PERMIT FEE The applicable fee for a sign permit shall be doubled when the installation of a sign is commenced before obtaining a permit therefore. 25.38-� PROHIBITED SIGNS ' -. t1 Except for those signs allowed under the provisions of Section 25.38-T6.13, Special Permits, the following signs are prohibited in the City: 25.38-+1 .01 , `Rotating, Moving, Flashing, Changing Reflectin , or , Blinking Signs Prohibite .4 Signs which rotate, move, flash, reflect, blink or appear to do any of the foregoing including search lights, shall be prohibited unless required by law or utilized by a proper governmental agency, with the exception of approved time and temperature displays. 25.38-5.02 1Signs on Public Property or Right-of-belay Prohibited Signs on public property, in the public right-of-way, or on public- utility poles shall be' prohibited unless otherwise authorized by this Article: Signs prohibited shall include, but not be limited to realtor, open house, garage sale signs. This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle identification signs. 25.38-+4 .03 kSigns Not Advertising the Use, NameA.of Owner, Products; ', or Services Available on the Premises Prohibited Any permanent sign which does not advertise, without reference to prices , a use being made on the premises, name of the owner or user, or which does not advertise a product, an interest, service or entertainment available on the premises shall be prohibited. S 25.38-9,1 .04 Temporary or Portable Free Standing Signs Except as otherwise provided herein. 25.38-9.1 .05 advertising Devices 25. 38-114 06 <. Advertising Displays Outside ofbuildings. 25.38-9a .07 --Combination Signsi Roof Signs 25.38-+?q 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 Article. The number and area of signs as outlined in this Article 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.. 'Compatible design, simplicity :and -sign effectiveness are , to be used in establishing guidelines for sign approval . 25.38 (6) to 25.38-14- SIGNS IN SINGLE FAMILY ZONES 25.3II 14.01 Realty Signs During a period of time when realty is offered for sale or rent, a sign so indicating, but not exceeding three (3) square feet in area or four (4) feet in height may be located on the property. No real estate signs shall be located on a roof, project from a building face, or move in any manner. Any such signs shall be removed upon the rental_ l of the_prouert , upon the completion of escrow or w7 in 30 days from opening of escrow, �whi'cfiever occurs firs After the effective date of this Sec ion, no person engage i real estate business as a broker, salesman, or otherwise, shall use or place signs on property being offered for sale or lease unless said sign program has first received approval from the Director of Environmental Services. Prior to requesting approval of any real estate signs, evidence of a valid City business license shall be provided. to 25.38 1-3.02 Name Plates Each dwelling is permitted one nameplate indicating any one or more of the following: the name of the occupant, the occupation, or the street address of the residence. Said sign shall not exceed one (1 ) square foot in area and if located on a pole, no part of the sign or pole should be more than four (4) feet above ground level . 10 25.38-;� ,03 Open House Signs During the period under which real estate is offered for sale or lease and while a salesperson is physically present on the premises, a sign indicating open house shall be permitted. Said sign shall not exceed three (3) square feet in area; and if located on a pole, no part of the sign or pole shall exceed four (4) feet above ground level . 25.38 (7) 0 25.38-A.04 Signs for Special Events One (1 ) unlighted sign shall be permitted for special events such as garage sales, patio sales, block. parties or similar events. Said sign shall not exceed three (3) square feet in area or four (4) feet in height. to 25.38-t-3.05 Other Signs No other signs shall be erected or maintained in any single family zone, as established by the Zoning Ordinance, except for those signs specifically authorized by the Design Review Board process. Any such sign so authorized shall be necessary to preserve a legal right or serve an economic need and shall not be deemed likely to cause undue detriment to surrounding uses or the economic values of the surrounding properties. Signs so authorized shall be located and erected in a manner satisfactory to the Director of Environmental Services or his authorized representative. 25.38-4411 SIGNS IN RESIDENTIAL ZONES OTHER THAN SINGLE FAMILY The predominant idea. in authorizing signs in the other residential zones is to strive for a one sign complex to eliminate clutter and to promote compatibility, proportion, simplicity and sign effectiveness., 25.38-0.01 Sign Area - Hotels & Apartments There shall be a basic allowable sign area of ten `(10)! square feet, plus one (1 ) additional square foot of sign area for each two-.separate rental units to be encompassed in one sign with a maximum of fifty `{50) square feet in area. A separate rental unit as used herein shall mean each room or combination of rooms for which a separate lodging charge is made. Such signs shall include in their design layout,`all accessory service signs. Accessory signs shall be prohibited unless designed in conjunction with or made an integral part of the principle sign. . Criteria to be used in designing and locating these signs shall be those of proportion, simplicity; utility, and compatibility with surrounding uses and development. In addition, for hotels the wording on the signs shall be limited to the extent that the word ,motel " shall not be permitted. Only the words "hotel , lodge, inn, motor inn, or chalet" shall be acceptable. 11 25.38-]-'.02 Sign Area - Condominiums There .sliall be a basic. allowable sign area of ten (10) square feet plus one (1.) additional square foot of sign area for every ten (10) units to be encompassed' in one (1 ) sign for each main entrance. Said sign shall be displayed at the ruin entrance and shall only depict the�name of the complex. Permanent signs within the complex shall be as approved by the Design Review Process, but no interior sign shall be larger than�six (6) square feet. `1 25.38-1t.03 Sign Area - Other Non-Residential Uses Allowed One (1 ) externally lighted or unlighted identification sign not exceeding twenty (20) square feet in area shall be permitted for authorized uses , , such as clwchesiand the like. n T 25.38 (8) Authorized commercial uses shall be permitted: One (1.) externally lighted or unlighted identification sign not exceeding three (3) square feet_ in area or four- (4) feet in height. 25. 381.04 CUsa of Attraction Boards for Hotels An attraction board may be included in the design and allowable sign area for a hotel or apartment house, subject to its location and design being approved as provided herein. A. The attraction board shall be designed and located so that it is made an integral part of the principle sign. - S. If the principle sign is designed and located on a building or in such a manner that an attached attraction board sign would detract from the appearance of said sign, a detached attraction board sign shall be allowed, provided: (a) That the size of the detached attraction board sign shall be counted as part of the total allowable sign area. (b) That .the maximum allowed size for a detached attraction board sign shall be five (5) square feet per- face.!' (c) The name of the hotel cannot be indicated on the detached attraction board sign. C. An appropriate combination of the following information shall be allowed on an attraction board sign: (a) "Summer Rate" (f) Air Conditioning (b) Vacancy (g) Continental Breakfast (c) Credit Cards (h) Welcoming Conventions (d) TV, Color TV (i ) Any other information as approved by the (e) Pools, Therapy Pools Director of Environmental Services D. Rate Signs - In addition to the other sign usage authorized herein, actual rates or prices or rentals or other accommodations may be indicated by a single sign or attraction board not to exceed eighteen (18) inches by twenty- four (24) inches located no closer than one (1 ) foot on the inside of a window when facing public view in letters and numbers not to exceed three quarters (3/4) of an inch in height. The intent of this Section is to limit the use of hotel rate signs solely to the manner provided herein, including the restriction of rate signs that attempt to gain an unfair advantage over competition by the use of a business name which, in letters and/or figures , suggest a rate. All such signs authorized herein shall also comply, where compatible, with the provisions of Article 3, Chapter 1 , Part 3, Division 7 (Section 17560, et seq) of the California Business and Professions Code. Any such sign which fails to comply with the provisions of this Section shall con- stitute a public nuisance and may be abated as such. Cbe -fi4.05 Free Standin. Sg igns pt for otherwise specified height limitations, free standing signs shall not cated on the public right-of-way and shall,not exceed ten (10) feet in ht or the height of the adjacent building, whichever is less. 25. 38 (9) � I 25.38-1r.06 Double Frontage Lots All sign area allowed in Sections 25.384 inclusive shall be allowed on the main frontages for double frontage streets generally parallel with each other provided that the same use of property extends completely through from street to street; and the area of a sign allowed on the secondary frontage shall not exceed 25% of the main entitlement for identification purposes only. 25.38-''L O7 Sale and Rental Signs Uses in Residential Zones other than Single Family Zones shall be authorized one (1 ) for sale or rent sign while the property is actually for sale or rent. These signs shall not exceed three (3) square feet in area or four (4) feet in height; and shall be designed and located in a manner satisfactory to the Director of Environmental Services. All such signs shall be removed upon the rental of the property or upon the completion of escrow or within thirty (30) days of opening of escrow, whichever occurs first. IL 25.38--i-Er SIGNS IN COMMERCIAL. AND INDUSTRIAL ZONES The predominant. idea in authorizing.-signs in the commercial and industrial zones is to strive for 6ne (1 ) sign per complex to eliminate clutter and to promote compati- 'tbility, proportion, simplicity and sign effectiveness: 1"L 25.38-LB.O1 Sign Area - Commercial and Industrial Uses Except as otherwise provided in. this Article, each separate business shall be limited to one (1 ) main sign integrated into the design of the building. Rela- tive thereto, the following sign areas shall apply: A. Buildings within one hundred (100) feet of public right-of-way - The total or aggregate area of a main sign for any business in a building located within one hundred (100) feet of the right-of-way upon which it faces shall not exceed the equivalent of 'one (1 ) square foot of sign area per lineal foot of frontage which the building has facing on a right-of-way or parking lot. Except as otherwise provided herein, such sign shall have a surface area no greater than fifty (50) square feet. No such signs shall be closer than ten �(10) feet from any other sign permitted hereunder. Such a sign must be located adjacent to the right-of-way or parking lot from which its maximum allowable size is determined. B. Buildings one hundred (100) feet or more from the right-of-way - The total aggregate area for a main sign for any business rn a building located one hundred (100) feet or more from any right-of-way upon which it faces shall not exceed the equivalent of one and one-half '(12) square feet of sign area per lineal foot of frontage which the building has facing on a public right-of-way or parking lot. Except as provided Herein, such signs shall have a surface area no greater, .than seventy-five (75); square feet. No such sign shall be closer than ten 1(10) feet from any other sign permitted here- under. Such a sign must be located adjacent to the right-of-way or parking lot from which its maximum allowable size is determined. 25. 38 (10) C. Additional sign area for a single business in a building having over fifty_50 feet o�frontage - A single business having a lineal frontage on any right-of-way in excess of fifty (50) feet may be allowed, in addition , to A ors B above, an additional one (1 ) square foot of sign area for each two (2) kfeet of frontage in excess of such fifty (50) feet up to one hundred '(100) feet, and an additional one (1 ) square foot of sign area for each four (4) feet 'of frontage in excess'of one hundred (100) feet. , ram , 25.38-16.02 Frontage on Two or More Streets or Parking Lots A. Fronta e on two or more streets - A business in a building facing on more than one 1 right-of-way shall be allowed the authorized sign area on each street which it faces , provided that the areas may .not be accumulated on .one (1 ) 'right-of-way and shall not exceed the allowed area on any one (1 ) (right-of=Tray. Location and design of such sign combinations must be approved by the Design Review Process so as to eliminate clutter and incompatibility of signs. B. Frontage on Parking Lots - A business having frontage only on a common usage or public parking lot or a business which has a rear frontage on a common usage or public parking lot may .be allowed a single sign on said frontage, on the basis of `one (1 ) square foot of sign area per lineal foot of frontage on said parking lot not to exceed fifty (50) square feet. No such signs shall be closer than ten (10). feet from any other sign permitted hereunder. lz 25.38-1-8r.03 Height A. _Wall Signs - The top of such sign shall not be higher .than the eaveline of the building on which it is located as measured from the under side (if the eave; and in no event higher than twenty (20), feet. B. Free Standing Signs - Except as otherwise provided herein, free standing ,signs shall be prohibited on a single parcel of property where there is more than one business. Where authorized for a single business ; a free standing sign shall not -be located on the public right-of-way and shall not exceed twelve (12) feet in height. The.size of the free standing sign shall not exceed the limitations of Section`25.38-15 inclusive and shall be in lieu of any wall signs. , 25.38-' .04 Second Story Businesses Businesses maintained exclusively .on the second floor of a two (2) story building may be allowed up to 'fifty percent (5M) of the sign area authorized for businesses conducted in single story buildings by the Design Review Process. 25.38-1.91.05 Sign for Pedestrian Traffic Where the principle sign for a business is located so that it cannot be seen by pedestrian traffic, an identification sign, in addition to that otherwise allowed in this Article, shall be permitted. Such a sign shall be no larger than three (3) 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 Ordinance. 25.38 (11 ) 25.38-4 0� Public Pricin�of Merchandise on Display In addition to the other sign usage authori ed herein, where merchandise is physically displayed behind shop windows or otherwise in view o\the public, the price of eacb separate item of such mere andise may be indic ted in letters or number\not exceeding three quarte s (3/4i) of an inch t height attached or in near\proximity to the displaye item. The intent t ere is to allow such pricing o ly when it would be a usua and proper adjunct to mer- chandising the produc under consideration. 5.38-15.07 Pub j c Pricing of Merchandis Not on Display In addition to the other si usage authorized herein, where the goods r services , rentals or sales are not on p sical display to the )ublic, the price of such goods, services , rentals or sa s may be indicated by a single sign or a Traction board not to exceed eighteen (1 by twenty-four (24 )�inches and located o closer than one (1 ) foot from a w dow when facing pu lic view, in letters and ? numbers not to exceed three quarte (3/4) of an inch i.n height. The irate there is to allow such pricing only hen it would be a ) s al and proper adj nct to advertising the product or service under construction 5.38 �. 08 . "Sale" Signs ldh e a sale f ds or services 's b 'ray co cted, sale gn shall be allowed as 1 g as i is no at c d to e sho w ow. such a sign hal be in a ion t nd shall not excee he square feet. When 'improperly used, sales signs constitute a public nuisance and may be abated as such. 25.38-'1.09 Listing of Business Associates In addition to the other sign usage authorized. herein, each separate business shall be allowed lettering on or behind windows facing the public view indicating the owners, operators or business associates exercising the use, provided t;iat such letterings. shall be enclosed within a single area and shall not exceed a total of 'three (3) square feet:i iv 25.38-}5.10 Use of Attraction Boards by Night Clubs and Cabarets In addition to the permitted sign area, one attraction board to advertise night club, theater or cabaret entertainment shall be allowed provided that the location has the required off-street parking as set forth in the Palm Desert Ordinance Code. No permit shall be issued, nor shall any person erect an attraction board until its design and location are approved as provided for herein. A. The maximum allowable size for an attraction board shall be twenty-five (25) square feet if facing on a street; or fifteen (15) square feet on each side if the faces are at right angles to. the street. The advertising on the attraction board shall be limited to coming and current entertainment only. Attraction boards shall not be used to advertise rates or prices of attractions. 25.38 (12) rz, 25.3II- s.11 Gasoline Service Stations Gasoline service stations shall be limited to those signs as approved by the Planning Commission as a part of their action on a conditional use permit and/or amendment thereto for the service station which shall in no event exceed the following limitations: (1 ) One double-faced free standing monument sign-not .to .exceed twenty-four (24) square feet in area or not to 'exceed eight (8) feet in he.ight, and advertising only the name of the company. (2) One ten (10) square foot wall sign advertising the company name and/or operator. (3) One wall or ground sign, ..not exceeding eight (8) square feet in area or (eight (3) feet in height for a ground sign, advgtisinq the actual lowest'. Cprice per gallon including all taxes at which i;egOlar, premium acid unleaded gasoline are currently being offered. Any special conditions required for sale at such lowest price shall also'be indicated. (4) One wall .sign,6t exceeding ten (10) square feet-vin area with the provision "to changeable copy is permitted to advertise special sales and events related to nationwide and/or companywide special sales or events. . No other temporary signs shall be permitted. IL 25.38-i6&.12 Signs in District and Regional Shopping Centers In addition .to the wal.1 sign area allowed for individual businesses, shopping centers in excess of three and one-half (3 ) acres of land shall be alloyed one lightc-d identification sign on each right-of-way, Such signs shall note— end beyond the property line or into the right-of-way and shall be used solely to identify the shopping center, shopping area or businesses or activities conducted therein. .Relative. to such .signs, the allowable sign area shall be based on, five (5) square feet of sign per acre:.' These signs shall not exceed.`twenty-.five (25) square feet,,shall have a maximum height of eight (8) ffeet, and shall not be erected without first having proper approval as provided herein. 25.38-1�5. 13 Sale and Rental Signs Commercial and industrial properties shall be authorized sale or rental signs on the following basis: Under 2 acres - 1 sign Over 2 acres, but less than 5 acres - 2 signs Over 5 acres - 1 sign per street frontage 25..38 (13) These signs shall not exceed three (3) square feet in area or four (4) feet in height and shall be designed and located in a manner satisfactory to the Director of Environmental Services. Such signs shall be removed upon completion of escrow or within thirty (30) days from the opening of escrow, whichever occurs first. 25.38 15.14 Interior Re 1tor Si In li of any othe pricing by si s authorized in, real estate listings nd o•,,tth r suc suppl ,ental advertising used in conjun on therewith may be i dicht on t more han one sign a d/or attraction boar , no larger than three ( } s ua e fe t in area Such signs hall be located .no close han one (1 ) foot o f rthe th n three (3 feet from a indow facing public vier. id sign shall b 1 sate o the. interio of the wind w. The intent of this provisi is to allow 0 1 such r 'ndow pricing an other suc integrated advertising matter as deemed co ervatively necessary and oper t the merchandising of the properties my advertised 25.38- Signs in RM Zones - Sign Area A .mob tle-home park shall be allowed one (1 ) externally lighted or unlighted identi- ,fication sign not exceeding the equivalent of,one (1 ) square foot ,of sign area per ten�(10) lineal feet of frontage on each right-of-way upon which the business fronts. No sign shall have a surface area of greater than thirty (30) square `Meet when erected at right angles to the right-of-way. (1 ) Free standing signs - Free standing signs shall not exceed eight (8) feet in, height. (2) Sale and Rental Signs - Mobile home park properties shall be authorized one (1 ) sale or rental sign while the property is actually for sale or rent. These signs shall not exceed three (3) square feet in area or four (4) feet in height and shall be designed and located in a manner satisfactory to the Director of ivironmental Services. 25.38-12. GENERAL PROVISIONS The following general sign usage provisions and regulations shall apply for all signs. The basic intent is to protect the public and property owners against downgrading of aesthetic and property values. Therefore, any additional sign usage authorized hereunder shall be strictly construed in its application. 25.38-46.01 Design Review Board Process Each sign shall be submit to the Design Review-Board process prior to its erection. In the case of new developments, a signing program shall be sub- mitted as part of the Site Plan Review procedure. 25.38-1-6.02 Sign Review Criteria All signs which are regulated by this Article shall be subject to the approval of the Design Review Board Process. In approving or rejecting a particular sign permit, the reviewing body shall utilize the following review criteria: (1 ) That ,the sign is necessary for the applicant's enjoyment of substantial trade and property rights; 25.38 (14) (2) That the sign is consistent with the intent and purpose of this Article and Zoning Ordinance; . (3) That the sign does not constitute a detriment to public health, safety, and welfare; (4) That the size, shape, color and placement of the sign is compatible with and bears a harmonious relationship to the building it identifies; (5) 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; (6) 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. (7) That the location and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs; (8) 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; and (9) 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. 25.38-10' .03 Signs Facing Private Property Prohibited All signs authorized hereunder must be placed on the side of property facing on public or private right-of-way. 25.38-16.04 Required Information on Si ncnss Each sign shall have the name of the maker, the date of the erection and the permit number. Such informat ion shall be clearly legible and on the lower right Band corner of the face of the sign in a conspicuous place. l 25.38-16.05 Proper tlaintenance of Signs The user, owner or leasee of a sign authorized hereunder shall maintain it in a manner satisfactory to the Director of Environmental Services or his authorized representative. All signs shall be maintained in a neat attractive condition and in adequate repair. 25.38-16.06 Number of Colors Allowed 1 All signs._regulated by this Ordinance shall contain no more than four (4) complimentary colors ! Black and white shall be considered as colors. 25.38 (15) 25 :38 15 07 ` Inte—al I1'l .amtim Lion - Size Red ction If in c i1�Jv�inat�-an , Ased er'o ligh iny, is authorized to 8i'Ilumi ,at a y sign„ Qne h of the oi:herwis . aut orized sign area shall Ae permitted. Excess�ive gall be eliminated. 25. 38-16-08 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 ( 10) candlepower at ten ( 10) feet from the face of the sign. 25.38-16.09 Location of Right Angle Signs Right angle signs on faces of buildings shall not extend over eighteen (18) inches beyond the face of the building where located unless supported on the marquee. No right angle sign shall extend below eight (8) feet from the sidewalk or the right-of-way. Right angle signs suPported by posts or standards shall not extend beyond the property line or into the public right-of-way. 25.38-16. 10 Obstruction of Passaye Signs shall not be constructed so as to obstruct any door, wind0%4 or fire escape of any building. 25.38••16'. 11 Maximum Sign Area Limitation Unless otherwise authorized by this Article, regardless of the zone where located, no sign shall exceed the maximum area necessary to identify the use.; 25.38--16. 12 Exceptions to Sign Limitations Nothing contained herein shall prevent the erection , construction, or maintenance of official traffic, fire, and police signs , temporary traffic control signs used during construction and maintenance of utility facilities and substructure location and iden- tification signs and markers required to protect these facilities , devices and markings of the State Department of Transportation , the City Council or of other competent public authorities, or the posting of the notices required by law. 25. 38-16. 13 Special Permits (1) Nothing herein contained shall prevent the City Council from granting a temporary special permit or otherwise permitting, on such terms as it may deem 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 wil not be materially detrimental to the public welfare , interest or safety, nor injurious to adjacent property or improvements. '(2) Grand opening may be approved by the Director of Environmental Services subject to appropriate conditions. 25.38-16•.14 Imitation of Traffic Siqnal No person shall place, maintain or display upon, or in view of any street or highway any unofficial sign , signal , or device , or any signal , sign or device which purports to be or resembles an official traffic sign or signal or which hides from view any official traffic sign or signal . Any such signal may be abated forthwith. 25. 38 (16) '25.38•-15: 15 Overhead Electric Conductors No sign or sign struct� shall be erected in such a ma, r that any portion of its sur- face or supports shall he within six (6) feet horizontally of, or twelve ( 12) feet ver•- tically of, overhead electric conductors which are energized in excess of 750 volts. r, 25.38- 17 SPECIAL PURPOSE SIGNS 25.38-•17.01 Trade Construction Signs .,One (1 ) unlit sign advertising the various construction trades shall be per- mitted on construction sites during the period. that valid building permit approval exists. Such signs shall not exceed three (3) square feet per 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 sig�kshall exceed `eight (8) feet in height. 25.38-17.02 "No Trespassing" Signs A "No Trespassing" or "No Dumping" sign not exceeding three (3) square feet shall be authorized for each parcel of property in addition to other authorized signs and shall be located and designed to other authorized signs and shall be located and designed thereon in a manner satisfactory to the Director of Environmental Services or his authorized representative. 25.38-17.03 Land Subdivision Signs Signs advertising land subdivisions shall be limited to one (1 ) double-faced sign of thirty-two (32) square feet per side, placed at a right angle to the street or two (2) thirty-two (32) square foot signs facing the street. Such signs shall be at least two hundred (200) feet apart and shall be placed upon the subdivision. Such signs shall be removed at the end of two (2) years or when the subdivision is sold, whichever occurs first. These signs shall not be illuminated. - 25.38-17.04 Lease Potential Sign One (1) sign advertising lease potential for .future development, -not to exceed `twelve (12) square feet in area, fifteen (15) feet from any property line, shall be permitted for a single parcel multiple unit development. However, such a sign shall not be erected until Design Review Board approval is received for the pro- posed project, and all such signs shall be removed before a notice of completion is issued for the building or upon expiration of the Design Review Board process approval . These signs shall face the street and shall not be illuminated . 25.38`17.05 Signs on Awnings, Etc. Painted, non-illuminated or indirectly lighted signs may be permitted on the borders or marquees, canopies, awnings, arcades or similar structures or attach- ments if located and erected in a manner satisfactory to the Director of Environmental Services or his authorized representative. Such signs shall be included in the total authorized sign area. (1) Signs _ Marquees and Candies - 'Externally lighted signs shall be per- mitted on the upper or—lower surface of fixed marquees and similar structures , the front face of which faces the public right-of-w,ay,. pro- vided that the outer dimensions of such signs shall not exceed sixteen inches (16")_ in height, and provided further that each letter or image on such a sign does not exceed twelve inches (12") in height. The lo- cation and design of such signs must be approved by the Director of En- vironmental Services or his authorized representative. Such signs shall be included in the total authorized sign area. 25- 1R (17) 25.38-: _1. 06 Political Sign Regulations Applicants for political signs, as defined herein, shall comply with the following requirements: (1 ) The applicant shall post a One Hundred Dollar ($100) cash bond with the City to guarantee removal of the political signs. (2) Each sign shall not exceed five (5) square feet in area. (3) The signs shall not be located closer together than five hundred (500) feet. (4) No political signs shall be allowed in any residential zone. (5) Such signs shall not be nailed to trees, fence posts or affixed to public utility poles and shall not be located in the public right-of-way. (6) All political signs shall be removed within ten (10) days after the election date or the bond posted shall be. forfeited and the City shall use whatever part of the bond money as is necessary for removal . Any amount of the bond remaining shall be refunded upon request made within ninety (90) days after the election. No political signs will be posted earlier than forty-five (45) days prior to an election. (7) The One Hundred Dollar ($100) bond requirement herein shall also apply to signs located at campaign or party headquarters. (8) No fee or permit shall be required for the right to erect political signs but the applicant, or his agent, shall file with the Director of Environmental Services, a map or sketch, or otherwise adequately locating where the signs will be erected. (9) The City shall establish a separate account to be entitled "Political Sign Removal " for the purpose of accounting for these monies. Surplus monies from this account will be used to remove signs illegally posted without a bond. (10) No signs shall be permitted on trucks, automobiles , trailers, or any other movable vehicles except for bumper stickers or other equivalent stickers not exceeding five inches by twenty inches (5" x 20") in size. i 25.38-17.07 Signs for Public and Quasi-Public Uses- Directional and public convenience signs for public and quasi-public uses may be permitted on public property. The design must conform to standard directional sign specifications promulgated by the Director of Environmental Services and approved by the Design Review Board. The total number of signs allowed shall be based on the minimum number necessary for adequate publ,j.c identification as determined by the Director of Environmental Services: ' 25.38-18' ENFORCEMENT 25.38-18.01 Territorial Application of Ordinance The provisions of this Article shall apply to all territory within the City of Palm Desert. 25.38 (18) i 25.38-13.02 Duty_to Enforce Ordinance It is the duty of the Director of Environmental Services to enforce all of the provisions of this Ar•ticla. 25.38-13.03 Com liance with Ordinance: Nuisance Abatement The Council hereby determines that the public peace, safety, morals, health, and welfare, require that all signs and advertising structures heretofore constructed or erected in violation of any Ordinance of the City of Palm Desert in effect at the time such sign was constructed or erected, be and they are hereby made. subject to the provisions of this Ordinance. Such signs_ shall be made to conform and comply with such requirements as soon as reasonably possible after the effecting date of this Ordinance. All signs and advertising structures which are not made to so confirm and comply within a reasonable time shall be and they are hereby declared to be public nuisances and may be abated in the ��'e manner provided by Ordinance No. 24. �25.38-181.04 Removal and Amortization Period Any sign and outdoor advertising structure or sign which is non-conforming to the requirements of this Ordinance, either by a variance previously granted or by conformance to the existing sign regulations at the time of the initial permit for said sign was issued, shall either be removed or brought up to Code requirements within the period of time prescribed herein. Such nonconform- ing signs may be abated forthwith by the following schedule: Existing legal signs which do not conform to one of the requirements of Sections 25.38-16.03 - Signs Facing Private Property Prohibited (as long as the property is underdeveloped) , Section 25.38-14.01, the use of the word "motel " shall be subject to a 3 year amortization period provided that the word is the only violation of said sign, and Section 25.38-16.06 - Color of Signs shall not be required to comply with this section for the life of the sign as long as the requirements of Section 25.38-21 are met and no other sections are violated. The Schedule, based upon the remaining value of the sign, is determined on the basis of the cost of the permit at the time that the sign was installed. 25.38-13.05 SCHEDULE I Original Permit Value of Sign Period for Removal $ 10.00 or Less Immediately $ 10.01 to $ 500.00 1 year $ 500.01 to $1 ,000. 00 2 years $1 ,000.01 to $2,500.00 3 years �� $2,500.01 to $5,000.00 4 years Q� OVER $5,000.00 5 years I 25.33 (19) 7.5.38- dR.O Ad Hoc Sign Amortization Committee Within thirty (30) days after, the effective date of this Article, the City Council shall , by resolution, establish an Ad Hoc Sign Amortization Committee. Said Committee shall establish the appropriate value or .amortization period for any sign which is presented by the owner of said sign. (1 ) membership The Committee shall consist of at least seven (7) members: a. Consisting of one of each of the following: One representative from the Chamber of Commerce One representative from the Board of Realtors One Coun.cilperson One Planning Commissioner One Design Review Board Member b. Two from any of the following fields of endeavor but limited to one person per field. Attorneys Accountants Construction Building and Design (2) Selection The City Council shall select the representatives from the Chamber of Commerce and Board of Realtors from a list of three provided by each group. (3) Termination The Committee shall exist for a six (6) month period after its establishment. (4) Procedure An owner of a sign who objects to the proposed amortization period for his sign may request a reevaluation by the 'Sign Amortization Committee. Such a procedure shall be initiated by the filing of a request for re- evaluation with the Director of Environmental Services who shall call a meeting of the Committee to make a judgment. Upon notification by the City of the existence of a non-conforming sign and the City' s estimated amortization period established by the utilization. of the Schedule, the owner of said sign may appeal said established time period to the Ad Hoc Amortization Committee. If the appeal includes a request based upon an existing lease, said appeal shall be accompanied by a notorized copy of the signed maintenance lease in effect on January 1 , 1976. (5) Criteria of Evaluation The Amortization Committee shall establish the amortization period for any sign submitted to them based upon: A. Permit value of the sign at the time of original construction. B. Special circumstances applicable to the sign such as it being an integral construction element of the building, whose removal would require a major modification of the structure; or if the nonconforming character of the sign is determined by the Board to be so minor as to create an undo hardship upon the owner. 25.38 (20) V (6) Actions of the Amortization Board The Board may affirm the established amortization period or establish a new amortization period for a sign under consideration. However, no extended amortization period shall exceed one (1) year or double the original allotted time. " (7) Confirmation of Board Actions The City Council shall confirm or deny and refer back to the CommitteFTor reconsideration, all findings of the Amortization Committee within thirty (30) days after their decision. 25.38-18. Og Uncertainty of Article Provisions Whenever the criteria is uncertain as to the ambiguity of the provisions , the applicant shall be referred to the Planning Commission for determination. The Planning Commission shall then authorize the sign criteria which best fulfills the intent of this Article. , 9 25.38-19 EXCEPTIONS PROCESS The Planning Commission may approve exceptions relating to size, number and loca- tion of signs after a Public Hearing in instances where an applicant is faced with exceptional circumstances because of type or location of business, or is trying to achieve a special design effect. The applicant must show that: A. The sign will be integrated into the architecture of the building; and B. The sign will not be detrimental to neighboring businesses or the community in general . The approval of exceptions shall be consistent with the provisions of Section 25.39-5.01 . 25.38-20 DISCONTINUANCE OF A BUSINESS Within ninety (90) days of the discontinuance of a business in any commercial or industrial zone or before a new business occupies the building, whichever comes first, the sign owner, his agent, or the property owner shall remove all nonconforming signs and the wording advertising or relating to the discontinued business from all conforming signs. 25.38-21 NONCONFORMING SIGNS MAINTENANCE Except for normal repair or maintenance not exceeding fifty (50) percent of the value of the sign, no sign in existence upon the adoption of this Ordinance shall be modified, altered, moved or replaced, unless it is made to comply with the pro- visions of this Ordinance. 25.38=22 PENALTIES -- _ Any person, firm or corporation willfully violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a maximum fine of not more than Five Hundred ($500) or by imprison- ment for a period not exceeding six (6) months , or both such fine and imprison- ment. 25.38 (21)