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HomeMy WebLinkAboutZOA SIGNS ORD NO 129 1977 City of Palm Desert STAFF REPORT To: Planning Commission & Members of the Sign Committee Report On: Joint discussion on the proposed sign ordinance The Chamber of Commerce Sign Committee has been invited to the upcoming Planning Commission meeting to discuss several areas of concern and general signage philosophy. Attached is a list of possible changes suggested by the Planning Commission at the meeting of February 17, 1976. Procedure 1) Staff review of document. 2) Staff review of some areas of concern. 3) General discussion on signage philosophy between Planning Commission and Committee. 3/4/76 SIGN ORDINANCE COMMITTEE Herb Powers c/o Airlansea Travel Service 45-104 Larkspur Palm Desert, California Joe Benes c/o Coachella Valley Television 74-175 E1 Paseo Palm Desert, California Lyman Martin c/o Sunshine Meat Fish and Liquor 73-986 Highway 111 Palm Desert, California 92260 Graham Dexter P. 0. Box 836 Palm Desert, California Al Stutz 72-845 Highway 111 Palm Desert, California 92260 Ted Smith c/o HMS Realty 74-133 E1 Paseo Palm Desert, California 92260 Elmer Huling c/o Palm Desert Business Services 73-778 E1 Paseo Palm Desert, California 92260 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 March 4, 1976 The Planning Commission in Study Session has been reviewing the Preliminary Sign Ordinance that was developed by the Chamber Sub- committee in which you participated as a member. The Planning Commission thought it would be of value to meet in Study Session with this subcommittee to discuss some items that they believe require some clarification. Therefore, you are cordially in- vited to attend the Planning Commission Study Session of March 16, 1976, which will be at 7:00 p.m. in the City Hall Council Cham- bers. At that time a round-table discussion will be held on the attached list of items relative to the Sign Ordinance. I have enclosed a copy of the final Preliminary Sign Ordinance which was developed by your subcommittee for your use in this upcoming meeting. This meeting should be informal and should be very helpful to the Planning Commission in understanding the subcommittee's philosophy in the development of the Sign Ordi- nance. I am looking forward to seeing you at this meeting and my secre- tary will be calling you on March 16th to remind you of the meeting. Sincerely, HARVEY L. HURLBURT CITY MANAGER HLH/mkj Enclosure y y N Q e ( I N m V I N O N ;a N (n D N S N D N y .. Dcn .. m C .. M v (n mcn .. mcn Dcn ;D Ln m m D m9> • (*t • D • can• r • R7 • ('� zw vzw zzw zw rw z —iw rw nw -f y N D co —I y OD co —I co y m co co N .• I .Z7 D I V1 1 x l 1 3 1 (Al O I CD Z h-• Mm4. Tw Ow w m (T .. N TN Z p A m m A O W C W " W Z = = I • .� . y . .. . ."i ZN DO O Z I O O m 0 93 O O A m V Cn x I•-' A W (n I--• O (n VI z y O m y y T '•"� D r (n D (n r r m n r m CL CD m m m m m C-� < < <(D J. .. 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Ted Smith i P.O. Box 907 Palm Desert, Ca. 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 preserving and enhancing the visual aspects of the City' s streets and highways. This article is also intended to provide for a more orderly display of adver- tising devices and idenfification 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, and to do so by regulating and controlling the location, design, quality of materials, illumination, and main- tenance 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 outside ublic including the prohibited areas for advertising purposes other P listing of P not mean displays o merchandise or rites. A sign shall o f products for sale on the premises, 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 advertising 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. 25.38-2.04 Area of a Sign The entire area 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, provided that in the case of a sign designed with more tha❑ 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 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 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 Freestanding Sign A sign supported by uprights or braces placed upon or into the ground and detached from any building. 25.38-2.10 Height of a Sign The greatest verticle distance measured from the ground level directly beneath the sign to the top of the sign. 25.38-2.11 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. 25.38-2.12 Indirectly Lighted or Shadow Lighted Sign An indirectly lighted or shadow lighted sign shall mean any illuminated sign constructed so that the immediate source of the illumination is not visible when the sign is lighted and which does not exceed ten (10) candle power per square foot measured at ten (10) feet from the sign. 25.38-2.13 Name Plate A -sign not exceeding one (1 ) foot by three (3) feet signifying only the name of the occupant and his occupation or specialty. 25.38 (2) 25.38-2.14 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. 25.38-2.15 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. 16 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. 17 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. 18 Roof Sign �rk A sign erected wholly upon or above the roof of a building or structure, or {J��1P'1 upon or above canopies, marquees, and similar overhangs with sign face not r� l parallel to the street. 1 25.38-2.19 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. 25.38-2.20 Wall Sign A sign attached to or erected on the exterior wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall and not extending above the roofline. 25.38-2.21 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. 25.38-2.22 Political Signs Political signs shall mean any sign concerning candidates for political office or involving a ballot issue. 25.38-3 SIGN PERMIT PROCEDURE It shall be unlawful for any person to erect, alter, permit or maintain, including painted signs, unless otherwise excepted by this article, a sign upon any property without first obtaining a written sign permit from the Department of Environmental Services as required by this article. Signs exceeding $500 in value shall be re- viewed through the Design Review Process as specified in Section 25.39-4 inclusive. Application for such permit shall be made on a form provided 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) 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. 25.38-3.02 A statement showing the sizes and dimensions of all other signs existing on the property. 25.38-3.03 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. 25.38-3.04 Such other information as the Department of Environmental Services may reasonably require to secure compliance with this article and the Ordinances of the City. 25.38-3.04 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 The following signs, if not illuminated, shall be allowed on all commercial , industrial and residential zoned property without a sign permit 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 the 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) 25. 38-4.03 Governmental Flags Emblems or Flags of Non-Profit 0,' Organizations / o r r� 25.38-4.0�r 5 Religions Charitable, Educational ,,Cul_tural.. er �4- G_a4 Posters T Not exceeding sixteen (16) square feet in area, and temporary in nature. 25.38-4.CO Governmental or Other Legally Required Posters, Notices or Signs 25.38-4.0.V7 Utility or Telephone Pay Station Signs 25.38-5 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 meet the requirements of this Ordinance or other applicable law. 25.38-5 ADJUSTMENTS The Zoning Administrator for either new or existing signs , may grant slight adjustments in sign colors or authorize deviations from sign area or setback requirements not to exceed ten percent (10%) upon a finding that the conditions for variance exist as prescribed in the Palm Desert Zoning Ordinance and as further set forth herein. 25.38-7 PERMIT REQUIREMENT g n The Director of Environmental Services, or his authorized representative, shall immediately remove any sign for which a permit has not been obtained as required r_,..r in Section 25.38-3 of this Code, provided, however, that the owner or user of 4�je said sign shall have the right to appeal the removal within ten (10) days thereafter .to the City Council pursuant to the provisions of the Public Nuisance Abatement Ordinance No. 24. / J 25.38-8 SAFE SIGNS The Dep'artment^ef-,E� aa-Srerwir Ashall adopt a set of rujandregulag reulations to guarantee that all signs are safely constructed. '1These rulestions shall be made available to the public. The Di roof—Ea�va-awmshall see that all signs within the City meet the safety requirements promulgated in rules and regulations. Unsafe signs shall be abated. 25.38-9 PERMIT RECORD REQUIREMENT The Planning Division 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 satisfactory to the Director of Environmental Services. 25.38-10 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. 25.38-11 PROHIBITED SIGNS fJ]e The following signs are prohibited in the City: 25,38 (5) 25.38-11 .01 Rotating, Moving, Flashin Changing, Reflectin or Blinking Siqns Prohibited Signs which rotate, move, flash, reflect, blink or appear to do any of the foregoing shall be prohibited unless required by law or utilized by a proper governmental agency. T6. r " •„ , J T,,.,, '# d' JPh>1 . 25.38-11 .02 Signs on Public Property or Right-of-Way Prohibited Signs on public property or right-of-way 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 also in- clude''portable direeti-ettal signs. p 4ced-o+j-vehac-}es. ON 25.38-11 .03 Signs Not Advertising the Use Name of the Owner, Products or Service Available on the Premises Prohibited Any sign which does not advertise, without reference to prices , a use being G made on the premises , the name of the owner, or user, or which does not 9 advertise a product, an interest, service or entertainment available on the premises shall be prohibited. 25.38-11 .04 Srrs-Painted-on-Eanvas-Awnings icMp^ri�I 9t ®ar�•1/ ('r.»^� Signs-wha-eh-are-pa-int-ed-on-canvas- n-infc"s shal-l-be-prohibited. 25.38-11 .05 Advertising Devices 25.38-11 .06 Advertising Displays J�4- /� of f�• ' /J ^jf 25.38-11 .07 Combination Signs 25.38-11 .08 Roof Signs 25.38-12 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 . 25.38-13 - / SIGNS IN SINGLE FAMILY ZONES During the period of time when realty2Ansuch ed for sale or rent, a sign so indicating but not exceeding tw (2) et may be located on the property by the owner. No real estate si n shcated on a roof, project from a building face, or move in any manner. sign shall be removed w4,H aiv Ghc tf 4*ty_4.30a..�Ia 6� 4�roar the-ss,�e-or% rene property,_w4t4iin t444t,y-43U�.dadys} RWIh o#-t or upon c�af escrows wf}icheva first-occurs. „rl 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 of the Director of Environmental Services. Prior to requesting approval of any real estate signs, evidence of a valid City Business License shall be provided. 25.38 (6) 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 or its authorized representative. Any such signs 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 surrounding properties. Signs so authorized shall be located and erected in a manner satisfactory to the Director of Environmental Services or his authorized representative. 25.38-14 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 capatibility, proportion, simplicity and sign effectiveness. 25.38-14.01 Sign Area - Hotels and Apartments .A� 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 (1 ) sign. A separate rental unit as used herein shall o 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 4 signs. Accessory signs shall be prohibited unless designed in conjunction with or made an integral part of the principal sign. The 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 sign shall be limited to the extent that the word "Motel" shall not be permitted. Only the words "Hotel", "Inn" , "Motor Inn" , to da ; or "Chalet" shall be acceptable. 25.38-14.02 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 en- compassed in one (1 ) sign for each main entrance. Said sign shall be dis- played at the main 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. 25.38-14.03 Sign Area - Other Non-Residential Uses Allowed One (1 ) shadow lighted or unlighted identification sign not exceeding Unrr twenty (20) square feet in area shall be permitted for an authorized use, separate and not in conjunction with the hotel or apartment use permitted, such as churches and the like. hah . C. % 25.38-14.04 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 principal sign. 25.38 (7) B. If the principal�isign is designed and located on a building or in such a manner tha�h 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 or rentals or other accommodations may be in- dicated 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 provi- sions 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. 25.38-14.05 Free Standing Signs r�R �aj e, 0,12..w. a foC�Of. ed 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. 25.38-14.06 Double Frontage Lots All signs area allowed in Sections 25.38-14 inclusive shall be allowed on both frontages for double frontage streets generally parallel with each other provided that the same use of property extends completely through from street to streeif OA / 1�lG A.c •. r/Ctn,d•+y r•alr�>) � ?s^1e . Y,Ze err/Mhy .fY,n��j[ t/ �,.�- -�.T•a♦ lrj�✓�l 25.38-140 Sale and-Rental - Signs 7 a�fy. 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 two square feet in area and shall be designed and located in a manner satisfactory ato the Director of Environmental Services. 25.38 (8) 25.38-15 SIGNS. IN COMMERCIAL AND INDUSTRIAL ZONES The predominant idea in authorizing signs in the commercial and industrial zones is to strive for pone sign Per complex to eliminate clutter and to promote com- patibility, proportion, simplicity and sign effectiveness. 25.38-15.01 Sign Area - Commercial and Industrial Uses Except as otherwise provided in this Article, each separate business shall be limited to one (1 ) main sign.✓ Relative thereto, the following sign areas shall apply: /.h.fc( /)c< dr„a,, of ��t A. Buildings Within One Hundred (100) Feet of Public Right-of-Way J 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 signs 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. T B. Buildings 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 (100) feet or more from any right- of-way upon which it faces shall not exceed the equivalent of x one and one-half (1,) square feet of sign area per lineal foot of frontage which the building has facing on a 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 adjacent 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 on 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 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. 25.38-15.02 Frontage on Two or More Streets A business in a building facing on more than one (1 ) right-of-way shall be ✓k 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 �M exceed the allowed area on any one (1 ) right-of-way. Location and design of such sign combinations must be approved by the Design Review Process so as to eliminate clutter and inc-ompatibility of signs. 25.38 (9) 25.38-15.03 Hei ght Y The top of such sign shall not be higher than the eaveline of the building T on which it is located as measured from the under side of the eave and in no event higher than twenty (20) feet. 25.38-15.04 Second Story Businesses ,�r 0-7 p A L` f Businesses maintained/exclusively on the second floor of a two (2) story building s-he be egt}ed to fifty percent (50%) of the sign area authorized for businesses conducted in single story buildings. 25.38-15.05 S n for Pedestrian Traffic 1� Where the principle sign/for a business is located so that it cannot be ;seen by pedestrian traffic, zf sign in addition to that otherwise allowed/in this Article shall be permitted. Such a sign shall be no larger than six (.&) square feet,(-th ee--feet-ron-each--side-i-f--right-angles-to-t-he-st-reet) and it shall be designed and located so as to not distract from the appearance of the building f� or violate the intent of this Ordinance. 25.38-15.06 Public Pricing of Merchandise on Display In addition to the other sign usage authorized herein, where merchandise is physically displayed behind shop windows or otherwise in view of the public, the price of each separate item of such merchandise may be indicated in letters or numbers not exceeding three quarters (3/4) of an inch in height attached or in near proximity to the displayed item. The intent there is to allow such pricing only when it would be a usual and proper adjunct to merchandising the product under consideration. 25.38-15.07 Public Pricing of Merchandise Not on Display In addition to the other sign usage authorized herein, where the goods or services, rentals or sales are not on physical display to the public, the price of such goods, services, rentals or sales may be indicated by a single sign or attraction board not to exceed eighteen (18) by twenty-four (24) inches and located no closer than one (1 ) foot from a window when facing public view, in letters and numbers not to exceed three quarters, (3/4) of an inch in height. The intent there is to allow such pricing only when it would be a usual and proper adjunct to advertising the product or service under con- struction. 25.38-15.08 "Sale" Signs a While a sale of goods or services is being conducted, a sale sign shall be allowed between one (1 ) and three (3) feet behind the glass line of the P show window. Such a sign shall be in addition to, and shall not exceed fifteen percent (15%) of the total authorized sign area but in no event more than five (5) square feet. Such a sign shall not advertise prices and shall be in letters not to exceed five inches (5") in height. When improperly used, sales signs constitute a public nuisance and may be abated as such. 25.38-15.09 Listing of Business Associates In addition to the other sign usage authorized herein, each separate business shall be allowed lettering on or hehind windows facing the public view indicating the owners, operators or business associates exercising the use, provided that 25.38 (10) such letterings shall be enclosed within a single area and shall not exceed a total of three (3) square feet. 25.38-15.10 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 the street; and 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 �atrd current entertainment only. Attraction boards shall not be used to advertise rates or prices of attractions. 25.38-15.11 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 freestanding sign not to exceed thirty-six (36) square feet in area and not to exceed twenty (20) feet or the height of the building, whichever is less, 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 offered. Any special con- ditions required for sale at such lowest price shall also be indicated. (4) Sale signs as specified in Section 25.38-15.08 of this Article. No other temporary signs shall be permitted. 25.38-15.12 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 (3z) acres of land shall be allowed one (1 ) indirectly lighted 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 or activities conducted therein. Relative to such signs, the allowable sign area 2 shall be based on five (5) square feet of sign per acre. Tbjese signs shall not exceed twenty-five 25) square feet, shall have a maximum height of eight (8) feet, and shall not--Fe—erected without first having proper approval as provided herein. A. Freestanding Signs Except as otherwise provided herein, freestanding 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 25. 38 (11 ) 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. 25.38-15.13 Sale and Rental Signs Commercial and industrial properties shall be authorized one (1 ) for sale or rent sign while the property is actually for sale or rent. These signs shall not ex- ceed two ( square feet in area and shall be designed and located in a manner satisfactory to the Director of. Environmental Services. . 25.38-15.14 3 Interior Realtor Signs 01. In lieu of any other pricing by signs uthorized herein, real estate listings and other such supplemental adver ' ing used in conjunction therewith may be Indicated on not more than thre (3) signs and/or attraction boards, no one of which shall be larger in area han one-half (1/2) of the total authorized square footage hereunder. Such sig s shall be located no closer than one (1 ) foot from a window facing public view i be+s—nel—e�cceeding—three quar-ter--s—O/-4) <—„,e er—ion—hca.ght. The total square footage of such signs shall not exceed twenty ( ) percent of the total window area on which they face and, in no event, more than wenty (2B-) square feet. The intent of this provision is to allow only such win ow pricin6 and other such integrated advertising matter as is deemed conservative y necessaky and proper to the merchandising of the properties being advertised. 25.38-15. 15 Signs in RM Zones - Sign Area: Mobile Home Use pa).), A mobile home,4shall be allowed one (1 ) shadow 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 greater than thirty (30) square feet when erected at right angles to the right-of-way. (1 ) Freestanding Signs Freestanding 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 two ) square feet in area and shall be designed and located in a manner sati�actory to the Director of Environmental Services. I 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. 25.38-16.01 Each sign shall be. subject to the Desigh 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 (12) 25.38-16.02 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 be subject to the following review criteria: (1 ) That the sign is necessary for the applicant's enjoyment of substantial trade and property rights; (2) That the sign is consistent with the intent and purpose of this Article and the 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. 25.38-16.03 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 Every sign shall have the name of the maker, the date of the erection and the permit number. Such information shall be clearly legible and in a conspicuous place on each sign. r,g) -J tv► N 25.38-16.05 Proper Maintenance of Signs 0 / Z' -J''h,. The user, owner or lessee 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 (13) 25.38-16.06 Color of Signs All signs regulated by this Ordinance shall contain no more than three (3) colors. Black and white shall be considered as colors. 25.38-16.07 Direct Lighting - Size Reduction - Direction If direct lighting, as opposed to shadow lighting, is authorized to illuminate any sign, one-half (112) of the otherwise authorized sign area shall be permitted. Excessive glare shall be eliminated. 25.38-16.08 Glare from Signs All illuminated signs in all zones shall be designed in such manner as to avoid undue glare or reflection of light on private property in the surrounding area and shall be erected and located in a manner satisfactory to the Director of Environmental Services or his authorized representative. 25.38-16..09 Location of Right Angle Signs Right angle signs on faces of building 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 Passage Signs shall not be constructed so as to obstruct any door, window, or fire escape of any building. 25.38-16. 11 Unless otherwise authorized by this Article, regardless of the zone where located, no sign shall exceed the maximum area allowed to advertise the use being made on the premises. 25.38-16.12 Exceptions Nothing herein contained shall prevent the erection, construction or maintenance of official traffic, fire and police signs, signals, 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 G Y.o, 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 adjacent property or improvements. 25.38-16.14 Imitation of Traffic Signal No person shalt 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 25.38 (14) hides from view any official traffic sign or signal . Any such signal may be abated forthwith. 25.38-17 SPECIAL PURPOSE SIGNS 25.38-17.01 Trade Construction Signs One sign advertising the various construction trades shall be permitted on construction sites. Such signs shall not exceed thirty-two (32) square feet in area, and shall be removed before a certificate of occupancy is issued. 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 twenty (20) square feet per side, placed at a right angle to the street or two (2) twenty (20) square foot signs facing the street. Such signs shall be at least two hundred (200) feet apart and shall be placed on the subdivision or on land leased by the subdivider. Such signs shall be removed at the end of two (2) years or when ninety percent (90%) of the subdivision is sold, whichever occurs first. These signs shall not be illuminated. 25.38-17.04 Lease Potential Sign One sign advertising lease potential for future development, not to exceed twelve (12) square feet in area, fifteen (15) feet from property lines , shall be per- mitted for a single parcel multiple unit development. However, such a sign shall not be erected except during the course of construction of the building or buildings and all such signs shall be removed before a certificate of occupancy is issued for the building. 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 Canopies Indirectly lighted or shadow lighted signs shall be permitted on the upper or lower surface of fixed marquees and similar structures, the front face of which faces the public right- of-way, provided that the outer dimensions of such signs shall not exceed sixteen inches (16") in height, and provided further that each letter or image on such a sign does not exceed 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 shall be included in the total authorized sign area. 25.38 (15) 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. (5) Such signs shall not be nailed to trees, fence posts or 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. (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 Environrenta] Services, a map or sketch, or otherwise adequately locate 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. 25.38-17.07 Signs for Public and Quazi-Public Uses Directional and public convenience signs for public and quazi-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 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 Dui to Enforce Ordinance It is the duty of the Director of Environmental Services to enforce all of the provisions of this Article. 25.38 (16) 25.38-18.03 Interference with Enforcement It is unlawful for anyone to interfere with the Director of Environmental Services in the performance of his duties. 25.38-18.04 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 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 delcared to be public nuisances and may be abated in the matter provided by Ordinance No. 24. 25.38-18.05 Removal and Amortization Period Any sign and outdoor advertising structure or sign which is nonconforming to the requirements of this Ordinance , either by variance previously granted or by conformance to the existing sign regulations at the time the initial permit for said sign was issued, shall either be removed or brought up to Code require- ments within the period of time prescribed herein dating from the effective date of this Ordinance. Such nonconforming signs may be abated forthwith by the following schedule which is based upon the remaining value of said sign, as determined from the cost of the permit: 25.38-18.06 Amortization Schedule 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 OVER $5,000.00 5 years 25.38-18.07 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: One representative from the Chamber of Commerce One representative from the Board of Realtors One Councilperson One Planning Commissioner One Design Review Board Member 25.38 (17) (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 these groups. (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 reevaluation with the Director of Environmental Services who shall call a meeting of the Committee to make a judgment. (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. (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 five (5) years. (7) Confirmation of Board Actions The City Council shall confirm or deny all findings of the Amortization Committee within fifteen (15) days of their decision. 25.38-18.08 Uncertainty of Article Provisions Whenever the signing authorized an applicant is uncertain as to ambiguity of the provisions, the applicant shall be referred to the Planning Commission for determination. The Planning Commission shall then authorize signing which best fullfills the intent of this Article. 25.38-19 EXCEPTIONS The Planning Commission may approve exceptions relating to size, number and location of signs after a Public Hearing in instances where an applicant is faced with excep- tional 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 com- munity in general . The approval of exceptions shall be• consistent with the provisions of Section 25.39-5.01 . 25.38 (18) 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 non- conforming signs. . ), d 25.38-21 NONCONFORMING SIGNS / o'f 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 SEPARABILITY If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase hereof irrespective of the fact that any one or more of the sections, subsections, clauses or phrases hereof be declared invalid or unconstitutional . 25.38-23 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 Dollars ($500) or by imprisonment for a period not exceeding six (6) months, or both such find and imprisonment. 25.38 (19) INTEROFFICE MEMORANDUM City of Palm Desert TO: Honorable Mayor and Members of the City Council FROM: Secretary of the Planning Commission SUBJECT: Planning Commission Review of the DATE: February 18, 1977 Proposed Revisions to the Sign Ordinance as specified in Ordinance 129 Pursuant to State Law, the Planning Commission at their regularly scheduled meeting of February 15th, did review the proposed revisions to the Sign Or- dinance embodied in Ordinance 129 which had a First Reading at the regularly scheduled Council meeting of February loth. This review was for the purpose of providing any additional input to the Council on those items which were not previously discussed during the Public Hearings on the Sign Ordinance by the Planning Commission. In review of the proposed revisions to the Sign Ordinance, the Commission by . unanimous minute motion did direct me as Secretary to the Planning Commission to notify the Council that the Planning Commission agrees in total with the proposed revisions to the Sign Ordinance as specified in Ordinance 129 which had a First Reading on February 10th. a1c PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION cc: Sign Ordinance File Attachment: Revised Sign Ordinance Ordinance 129 PAW/mj ORDINANCE 129 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA$ 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 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, ;r Palm Desert City Council , held on this day of February, 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ordinance 129 BRUSH, MAYOR i it ATTEST: SHEILA R. GILLIGAN, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA r I c III 1 t f 7� I i + -2- ~ Y ARTICLE 25.36 PALM DESERT MUNICIPAL CODE THE SIGN ORDINANCE EXHIBIT 'A' Revised: December 14, 1976 Adopted: ORDINANCE 129 • Y 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 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 (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 Y 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) Application of Ordinance 25.38 (21) - O1 Territorial App , 25.38 18. 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 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) i i I�i 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) 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. 3E-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 nano, 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 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 Advertisinq 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 Sian 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 mall 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 RESERVED 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, 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) .T • i (II) 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 Sian 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 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- ditions for variance exist as prescribed in the Palm Desert Zoning i 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 doubled when the eorestal lation of a sign is commenced before obtaininga permit 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 Flaqs (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 Reli_9ious, 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 SIG14S 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, P1ovinq, Flashing, Changing, Re- flectinq or Blinking Signs 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 goveinmental 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, Nam 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 Dis 1p a 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 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. f. T 25.38 (7) 25.38-7 RESERVED i it 25. 38 (8) } I 25.38-8 SAFE SIGNS The City Council shall adopt, by Ordinance, a set of rules and regulations to . guarantee 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 25.39-10.01 Rez•lty 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 othentise, 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 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. 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 Breakfast Breakfast (g) 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 viindow 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 Profes- s Section shall constitute a public nuisance and may be abated as such.ions Code. Any such sign which fails to comply with the provisions of this 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. 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. 25.38-12 SIGNS IP' COMMERCIAL AND INDUSTRIAL ZONESI 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. Buildinqs within one hundred (100) feet of^public .right-of-way - The total of 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 here- in, 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 ad- jacent to the right-of-way or parking -lot from which its maximum al- lowable size is determined. 25.38 (12) B. 6uildin s one hundred (100} feet or mcrr_ from the rightway - Tie total aggregate area for a main sign for any business in a building located one hundred ( 100) feet or more from any right- of-vray upon which it faces shall not e>;ceed the equivalent of one and one-half (].'- ) 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 sin area for a single business in a building having over fifes 50 feet of frontage - A single business having a lineal frontage or any right-of-way in excess of fifty (50) feet may be alloyed, 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-indred ( 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 han one i� right-or'-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 alloyed 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. . 25.33-12.03 Height A. Wall Signs - The top of such signs shall not be higher than the ease 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 circuinstances for unique roof designs. ) 25.38 (13) B. Free Stan ding 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 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. 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 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 (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 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 allotted 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 2l acres - 1 sign Over 22 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 ZON-ES -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 StandingSigns igns - Free standing signs shall not exceed eight (8) feet fn 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 , 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. 25.38-14 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 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 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 ins Facinq Private Pro erty 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 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 lower 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 pots or standards shall not extend beyond the property line or into the public right-of-way. 25.38-16. 10 Cbstruct:ion 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 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 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 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 efficial 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 sir, (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 Siqns 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) i 25.38-17.03 Land Subdivision Signs - Signs advertising land subdivisions shall be limited to one (1) I , 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 f ' foot signs facing the street. Such signs shall be at least two n. hundred (200) feet apart and shall ee placed upon tlearsuiorl when othe Such signs shall be removed at the end of two (2) y subdivision is sold, whichever occurs first. These signs shall not be illuminated. 25. 38-17.04 Lease Pote ial S i One (1) sign advertising lease potential for future development, I ` 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 proposed project, and all such signs shall be removed before a ira- notice of completion is issued for the building Thelsees�igns tion of the Design Review Board Process approval . shall face the street and shall not be illuminated. 25.38-17.05 Signs on Awnings Etc. G Painted, non-illuminated or indirectly lighted signs may be permitted on the borders or marquees, canopies , awnings, arcades, or similar structures or attachm nts 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) Sims - Mar uees and Cano ies - 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 ridimensions ght, aof such signs shall not exceed sixteen (16) povided t each letter or image on further tha 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 b-e,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 Bolding and accounting for the cash bond requirements of this section. 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 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 A)a to nt 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-Conformin 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) AMORTIZATION 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. 9 More than one (1) main sign exists but the maximum sign area entitle- ment is not exceeded. 25.38-18.06 A14ORTIZ_ATION 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-Way 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. 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) 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 , 25.3E-•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, oh 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 permitt:ee (b) The owner of the sign (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 Sion 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 appnspriate 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 Cham5er of Commerce One (1) representative from the Board of Realtors One (1) Council Member 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 Building and Design Construction Retail Businessmen (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 (6) 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 notarized 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 2508 (26) 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 non-conforming signs and the -lording advertising or relating to the dis- continued 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 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 1 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 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 af`ective 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 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). t` i } i -2- ARTICLE 26. 38 PALM DESERT MUNICIPAL CODE w �I THE SIGN ORDINANCE EXHIBIT 'A' Revised: December 1.4, 1976 Adopted: ORDINANCE 1.29 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 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 (18) 25. 38-16. 11 Maximum Sign Area Limitation 25.38 ( IS) 25.38-16. 12 Exceptions to Sign Limitations 25.38 ( 18) 25.38-16. 18 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 (2225. 38 (22) 25.38-18.05 Amortization Schedule I 25. 38 (23) 25.38-18.06 Amortization Schedule II 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 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 Sin 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_§_iljn 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 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 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 RESERVED 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 Showier: (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) (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 (20%) , and on sloping roofs the allowance si ns not to__extend a_ove the ridge line, for existing uildin.gsonl_,yupon a finding that the con- ditions for variance exist as prescribed in the Palm Desert Zoning Ordinance and as furt er se or erein, t—gl�Fe-i-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 hermit 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 Si ncnss 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, Movinq, Flashing, Changing, Re- flecting, or Blinking Signs 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 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 Advertisinq 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 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 Hu. 24. 25. 38 (7) 25. 38-7 RESERVED 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 are safely constructed. These rules and regulations shall be made available to Be 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 SIG14S - 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 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, or upon the completion of escrow:k- 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 hy_sax-tee(] _ 1 c es, may e ins �a ed at the o .om 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_dixectional sign may 7(3) ermittea for an o en house subject to the following provisions: (1=be shall xceed three 3 square feet; (2 banners shall. be. used; ed on private property only; (4one (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 THFlW SIi�GLE 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 & Aoartarents 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 mecln 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. As an alternative two signs located one on each side of the entry, not to exceed fifteen 75) square Feet maye eerrmitted. saia sign shall Be clispiayea at e main en ranee and shall any 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 AlSian Area - Other Non-Residential Uses lowed 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 t^e detached attraction board sign shall be counted as part of the total allowable sign area. (b) That the ma,J mum 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) Division 7 (Section 17560, et seq) of the California Business and Profes- sions 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 Sim 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. 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) da s of opening of es- n w rrow o-�hichaox ncc r� s first. In addition , rider not to excee ive ) \�v inches by sixteen (16) inches, may be installed at the bottom of any approved real estate sign. 25.38-12 SIGNS IN COMMERCIAL 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-way --The . total or aggregate area of a main sign for any Tusiness 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 here- in, 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 ad- jacent to the right-of-way or parking lot from which its maximum al- lowable size is determined. 25, 38 (12) B. phave Msurface hundreSgrea Meran morwivesqu he right-of-wayegate sigy business in aed onefeet from any rightich itt ex equivalent oflf (1'-2f siper lineal footich thfacipublic right-of- lot. ided such signs shall area seve (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 single business in a building having over fifty 50 feet of frontage - A single business laving 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 hi!ndred ( 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 tv;o or more streets - A business in a building facing on more than ore 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. Nall 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 Pave" and in no event higher than twenty (20) feet. (See definition of Wail Sign for clarification of eave line arRd see c ion ao - justments for special circumstances for un�u— e i•oo�'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 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 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 use uc 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 (1.0) square feet. When improperly used, "sale" signs constitute—a p e 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 conditional use permit and/or amendment thereto for the service station which shall in no event exceed the following limitations: (1) One - le-faced free standing monument sign not to exceed twenty- four square feet in area or not to exceed eight (8) feet in heigh . , 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 (31-,) 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 1 sign e ermi e e e lan raffic signs as � . al owed in ,e n - �e ii,creased to a maximum six (6). ware feet per side. In addition, one (1 rider not Lo exceed five 5 inches ix teen 16) inches may be installed at the bottom of any ap•- A proved real estate sign. 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 2'; acres - i sign Over 2 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 openingl 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, one. ( 1) rider, not to exceed five (5) inches by sixteen (1 inc es 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 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 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- b a harmonious relationship to the building com- patible with and ears P 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 beinstalled. (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 Facinq Private Prcperty 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 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 lower 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 approves process may e pace on a si n a oca ion vest e and readable from the public or priva e rio -o -way 25.38 (17) 25.38-16.05 Proper Maintenance of Siqns 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 Anqle 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 Pass Signs shall not be constructed so as to obstruct any door, window, or fire escape of any building. 25.38-16.11 P4aximum.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 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 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 wel re, interest, or safety, nor injurious to ad- jacent propert ^ roements. (2) Grand opening ma be app oved by the Director of Environmental (_,.Services subje�t to appro riate conditions. 25.38- 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 Sins One (1) unfit 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 Suns 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. - 1 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. 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 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) SSA s - MaLkluees and Canosi es - 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 Chat 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 close!- 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 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 small establish a separate account to be entitled "Political Sign Removal " , for the purpose of holding and accounting for the cash bond requirements of this section. 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 allowed shall be based or, 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) AMORTIZATION SCHEDULE I (continued) Non-Conforminq Because: Period for Removal or Modification Thalmt I�iz;�r_ e-;4 ea 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 AMORTIZA,TIOid SCHEDULE I1 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-Way 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. 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) 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 I1 Adjusted Market Value of Sign Period for Removal or Modification $ 10.00 or less Immediately $ 10.01 to $1,000.00 1 year j $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 25.38 (24) (c) The owner of the premises or. 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 Sian Amortization Committee Within ninety (90) da s after the effective date of this Article, the City Counci s a , 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. Re (1) Membership - The Committee shall consist of , a. Consisting of one (1) of each of the following: One ( 1) representativ from the Chamber of ommerce One ) representativ from the Board - ealtors One (1 C unci 1 Tlemb One (1) P nning Com, issioner One (1.) Desi n Reviet Board I e.r from any f i. lowing fields of endeavor but limited to one (1 re Accountants 4, Build-in esign q- Cons c 'on Re usinessmen (2) tion - The City C uncil sh- \\ 1 t' s from the erce and Board of Realtors from a list of ee 3) )rovide (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, or established market value, for his sign may request a re-evaluation by the Sign Amortization Conmrittee. 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, th owner of said sign may appeal said established time perio to the Ad Hoc Amortization Committee. If the appeal inclu es 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 25038 (26) 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 non-conforming signs and the wording advertising or relating to the dis- continued 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 willfully violating any of the provisions of this Article shall be s:abject to the provisions of City Ordinance 57, as amended from time to time. 25. 38 (27) PALM DESERT MOTEL 014NERS ASSOCIATION POINT OF VIEW -- JIM RICHARDS _ As the representative of the Palm Desert Motel Owners Association , I am here to point out to this council the view our group has with the proposed sign ordinance ; Article 25 . 38 Palm Desert Municipal Code . In general , our group is in favor with the spirit of this ordinance . We do , however , fail to agree with the city when they go so far as to condemn signs already in existence . We must apologize that , up until a short time ago , we have been quiet as a group , and have not had a chance to contribute to the development and creation of this ordinance . Part of our failure to get involved stems from the manner in which the city chose to publicize and promote input from the .business cummunity . The city apparently felt that by establishing a working relationship with the Chamber , they would hear from all segments of the business community . Unfortunately , none of the motel owners were ever contacted by the Chamber , even though many of our group are members of that organization. As a matter of fact , it is also apparent that many , if not all , of the restaurant people were never given notice about this sign ordinance and its impact , therefore were never given an opportunity to participate in the dialogue . It is important at this point for the council to consider that regardless of the reasons , the small businessmen ,who own and operate motels and restaurants in this city , have never been approached by the city or anyone else about this sign ordinance currently under discussion . In a city of 15 , 000 people , we feel that we who own the large signs and have substantial investments in this city , stand to be seriously affected economically and are not represented in this ordinance . i As we understand it , there are now approximately 270 signs in violation and subject to condemnation. Of this number- 30 or so will fall under various amortization schedules . Our members feel that the owners of these signs should be notified by the city before this ordinance is enacted . Condemnation of private property is an issue that this council should take very seriously . At stake is not only the cost of removing , remodeling and erecting signs , but also the economic impact on the business itself . We in the motel business in Palm Desert will face absolute loss of business if this ordinance is allowed to pass with its condamnation aspect . With all the new condominium development in the area , we are undergoing a major change in the makeup of our business . Seasonal rentals are nota passing to the condominium owners and we are forced to draw more and more from the tourist or businessman passing through . Since most of the motels in town are on or within two blocks of Highway 111 , our current signs are most vital to our economic welfare . POINT OF VIEW - JIM RICHARDS , Page 2 As owners of real property as well as businesses , the motel people are asked to pay unreasonable property taxes , as well as business license fees . lie also , as you know, have to charge our customers the 6% bed tax . In summary : Reading from the intent and purpose section of this ordinance , and I quote , "To protect the general welfare of the businessmen and residents within the same area , as well as the citizens of Palm Desert , and to do so by regulating and controlling the location, design , quality of materials , illumination, and maintenance of signs and sign structures" . Nowhere in this explicit description of the goals and policies of the general plan is the word "condemn" , or the justification thereof . It is our belief that the City Planning Commission and staff have been misled in believing that the business community of this town are willing to accept condemnation of private property - just because condemnation , with amortization , is being interpreted as fair by the courts . lie believe that to be an economic injustice disguised as a sign ordinance . Given the opportunity , we would be more than happy to sit down with the commission or staff and try to work out our specific problems with this ordinance . DPU DESERT PEOPLES UNITED Keeping the Desert a Better Place in Which to Live POST OFFICE BOX 2648, PALM SPRINGS, CALIFORNIA 92262 OFFICERS HERBERT E.TOOR Chairman ROBERT E.JOHNSON February Y 9, 1977 CHAD CALHOUN Executive Vice-President RICHARD HOGAN Vice-President JOHN NELSON Mr. Paul Williams Vice-President Director of Environmental Services LILY W. GRAVES City of Palm Desert Secretary P.O. BOX 1648 DOUGLAS R.WINSLOW Treasurer Palm Desert, Ca. 92260 DIRECTORS Dear Paul: LEO ATHANS CHAD CALHOUN I regret that absence from the city prevents me from LILY W. GRAVES attending the Council meeting on Thursday evening MAURICE HARRIS and reaffirming the support Desert Peoples United RIGHTED J. HN ROBERT E.JOHNSONSON originally gave to the sign ordinance. JUNE LINTHICUM NELSON MILLS Many of the 1600 residents of the Coachella Valley ARTHUR H. MOTLEY represented by D.P.U. are Palm Desert residents, JOHN W. NELSON and by survey last year support our organization' s WILLIAM O'BYRNE efforts to maintain visual quality of appearance ARCHIE H.SIEGEL throughout the desert. EDITH SPITZER HERBERTE.TOOR Speaking as president of D.P.U. , I respectfully DOUGLAS R. WINSLOW urge prompt adoption of the subject ordinance. T. MORGAN WILLIAMS Sincerely, Robert E Johnson REJ/mj cc: Mayor Noel Brush Jim McPherson Alexis Newbrander Wm. R. Siedler Edward R. Mullins RECEIVED FE0, 1 01571 ENVIRONMENTAL SERVICES CITY OF PALM DESERT PALM DESERT PROPERTY OWNERS ASSOCIATION 73-833 EL PASEO PALM DESERT, CALIFORNIA 92260 Twamorm (714) 31 62804 A Nan-Propt Corporation 9 February 1977 Paul Williams Director of Environmental Services City of Palm Desert 45-275 Prickley Pear Palm Desert , Ca. 92260 Re : Sign Ordinance Dear Mr. Williams : We are hopeful that the City Council will not weaken the sign ordinance as presently constituted. We feel that compromise has significantly curtailed the potential effectiveness of the proposed ordinance and we urge the council to adopt the current proposal without further compromise . On September 21 , 1976 the Board of Directors of the Palm Desert Property Owners Association unanimously adopted a resolution supporting this position. Sincerely , i Charles E . Shelton Secretary cc : Noel Brush Ed Mullins Jim McPherson Bill Seidler Alexis Newbrander CITY of PALM DESERT STAFF REPORT To: Planning Commission Report On: Revised Sign Ordinance and Zoning Ordinance Amendment I. INTRODUCTION: After review by the City Council during Study Session and Open Hearings 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. After opening the Hearing at the regularly scheduled Planning Commission meeting of November 16, 1976, the Planning Commission did continue the Hearing to December 14, 1976, in order to allow interested persons to further review the proposed Ordinance. Any comments received are in- cluded in this report. II. REQUEST: 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 Commission Resolution No. 193, that the revised preliminary Sign Ordinance, as amended, and proposed Zoning Ordinance Amendment 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. IV. CONTENTS OF THE REPORT: A. History of the Sign Ordinance B. Summary of Recommended Revisions to the Preliminary Ordinance, dated November 16, 1976. .C. Summary of Input Received since the November 16th Hearing. D. Revised Ordinance 129. E. Recommended Planning Commission Resolution No. 193. F. Appendix. December 14, 1976 Page One V. HISTORY: The history of Development of the Sign Ordinance - In order to compre- hend the extensive input that has been received during the development of this Sign Ordinance, the staff felt it appropriate to provide the Commission with a chronological history of the development of the Sign Ordinance, which is as follows: HISTORY OF PROPOSED SIGN ORDINANCE January, 1975 Received early draft from planning consultants February-September, 1975 Draft revised by City staff October 7, 1975 City Staff/Chamber of Commerce Sub- committee Study Session for prepara- tion of preliminary Ordinance October 15, 1975 Continued work sessions on draft Ordinance October 24, 1975 Continued work sessions on draft Ordinance October 29, 1975 Continued work sessions on draft Ordinance November 7, 1975 Continued work sessions on draft Ordinance November 21, 1975 Continued work sessions on draft Ordinance November 23, 1975 Continued work sessions on draft Ordinance December 5, 1975 Continued work sessions on draft Ordinance December 12, 1975 Approval of final draft January 27, 1976 Planning Commission Study Session on Ordinance February 15, 1976 Staff preparation of Environmental Impact Report initiated February 17, 1976 Planning Commission Study Session on Ordinance March 16, 1976 Joint Planning Commission/Chamber of Commerce Subcommittee Study Session April 13, 1976 Planning Commission Study Session on Ordinance May, 1976 Ordinance and E.I.R. circulated to 43 agencies, public groups, and news media for comments and information. Legal notices were published June 1, 1976 Planning Commission approves the E.I .R. and the Sign Ordinance July 8, 1976 City Council Public Hearing on the E. I .R. and Ordinance. Continued to July 22, 1976 July 22, 1976 City Council certified the E.I.R. and continued the Hearing on the Ordinance to September 9, 1976 December 14, 1976 Page Two 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 Commission continued the Public Hearing on the revised Ordinance to December 14, 1976. December 14, 1976 Continued Public Hearing before the Planning Commission on the revised Ordinance. VI. SUMMARY OF PROPOSED REVISIONS: The staff report for the Planning Commission meeting of November 16, 1976, describes the revisions that resulted from the Council review of the Pre- liminary Sign Ordinance. Excerpts from that report have been included in the Appendix of this report. Since the 16th Hearing, certain actions have occurred which require the staff to recommend that four revisions occur to the proposed Ordinance which are reflected in proposed Planning Commission Resolution No. 193. These revisions are recommended for the following reasons : Revision No. 1 - Provides a viable alternative to a display of information on the actual face of the sign while still providing an easy enforcement procedure to the City. Revision No. 2 - Results from action taken by the City Council on Decem- ber 9, 1976, by adopting Ordinance 137 at the request of the City Attorney. This change has no major impact on the intent of the proposed Ordinance. Revision No. 3 - Clarification resulting from meeting with representatives of the Palm Desert Board of Realtors. Revision No. 4 - Results from action taken by the City Council on Decem- ber 9, 1976, by adopting Ordinance 145 and will be impor- tant when all the City Ordinances codified. Has no major impact on the proposed Ordinance. Revision No. 5 - Is recommended to cover existing unique situations such as Palms-to-Pines Phase III. VII. SUMMARY OF INPUT RECEIVED SINCE NOVEMBER 16TH HEARING: Since the November 16th Public Hearing on the revised Sign Ordinance, the staff has met with a representative of the Palm Desert Board of Realtors who presented their recommendations for revisions which will be discussed below. In addition, it was pointed out to staff that a problem existed with Section 25.38-18.07. In review of that Section, staff determined that the present wording is not totally workable and is recommending a revision which is not a major change. Please see proposed Resolution No. 193 for this revision. A. Points Requested for Reconsideration: 1. Riders for real estate signs - The Planning Commission is again asked to consider providing the ability to have a rider (approxi- mately 4.5" x 16" ) attached to real estate signs which could indi- cate many things from "Shown By Appointment Only" to "Sold". It was suggested that these riders be required to be below the real estate signs for better aesthetics. If the Planning Commission elects to allow such riders, the following should be added to Sections 25.38-10.01, 25. 38-11.07, 25.38-12. 12 & 25.38-13(2) : In addition, one uniform rider may be permitted to be affixed to the bottom of any approved real estate sign. 2. Deletion of the words or within thirty 30 dd from the opening of escrow, whichever occurs first - The Panning Commission is December 14, 1976 Page Three VII. SUMMARY OF INPUT RECEIVED SINCE NOVEMBER 16TH HEARING: (continued) asked to remove this phrase because it is not felt to be enforce- able. If the Planning Commission chooses to remove this phrase, the following sections would be affected: Sections 25.38-10.01, 25.38-11.07, and 25.38-12. 13, 3. Some provision for off-site directional signs during open house should be provided. It has been stated that such signs are essen- tial for the open house program. If the Planning Commission pro- poses to add this, Section 25.38-10.02 would have to be modified as appropriate. 4. Recommendation. - Except for off-site directional signs, all these recommendations have previously been considered by the Chamber of Commerce Sign Committee, Planning Commission, City Council , and staff. Because such proposals were previously rejected, the staff attempted to find some new facts to justify these changes at this time. None exist, therefore, it is recommended that these changes not occur.. The request for off-site directional signs contradicts the basic intent of the proposed Ordinance and therefore cannot be supported by the staff. .In other words, off-site advertising is uniformly prohibited throughout the Ordinance. To allow such ac- tivity to occur for the real estate sales activity does not appear justified. Further, such signs could negatively affect the resi- dential character of the areas where they would be utilized. December 14, 1976 Page Four PLANNING COMMISSION RESOLUTION NO. 193 EXHIBIT 'A' RECOMMENDED REVISIONS TO ORDINANCE 129 SECTION CHANGE 25.38. 16.04 Add - as an alternative, a decal issued by the City as a part of the sign approval pro- cess may be placed on the sign at a location visible and readable from the public or private right-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 tOO$O 00010$ the cash bond requirements of this sec- tion. Monies from this account wiTT be used to remove signs iTlegal y osp ted. A surplus monies from this account W177 may be used to remove signs 177og$771f posted without a bond. 25.38-18.07 Any sign that is in non-compliance with the regulations of this Article shall be removed prior to or upon the date designated for removal in the above abatement schedules. If the owner of, or the person or persons responsible for, the sign fails to remove the non-conforming sign, too ONO Of trio OWN$ 4000 WO too Wo X$ WOW 0oll 00 tot too NNW Of too $190 000 too 00ty 0077 00 0000 HMO NOW 00) 4W f0770010A too Wo Of 000x0>tif0t`000401 Too fi>~dt0000 tot" too NNW Of 0X7 t�6�f�0Vf0t�lv�� $Igor; 8ag77 00 $$ f077ot4$f 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 procedure: 25.38-22 Penalties Any person, firm, or corporation wilfully violating any of the provisions of this Article shall be subject to the provisions of City Ordinance 57, as amended from time to time. 25.38-12. 12 Add - Further, where the unique design of the center allows for adequate integration 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. December 14, 1976 Page One ' APPENDIX 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 Commission Public Hearing on the revised Ordinance VI. SUMMARY OF PROPOSED REVISIONS: A. 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. B. 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 Wall 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. VII. 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 Commis- sion was the removal or amortization program. The Council suggested to the Planning Commission that they review the full possible range November 16, 1976 Page Three VII. DISCUSSION OF SIGN AMORTIZATION 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 removal schedule only to those legal , non-conforming signs and to conclude 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- cern 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-Conforming Signs without a Permit 1. Existinq 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. November 16, 1976 Page Four VII. DISCUSSION OF SIGN AMORTIZATION ALTERNATIVES: B. Non-Conforming Signs without a Permit (continued) 2. The Grandfather Approach - One approach which is taken by many cities 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 permits, 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, but require them to be inspected and a temporary permit be issued for the life of 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 woul 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 (Please note the attached surveys) 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. November 16, 1976 Page Five VII. DISCUSSION OF SIGN AMORTIZATION ALTERNATIVES: 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 becomes a real dichotomy between the two areas which can result in a negative effect upon 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-down, 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 acquisition approach was never utilized. A second approach is a November 16, 1976 Page Six VII. DISCUSSION. OF SIGN AMORTIZATION ALTERNATIVES: C. Non-Conforming Signs with Permits 3. Modified Approaches (continued) dual schedule approach which was suggested by the staff to the Council . This consisted of an initial schedule which 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 amortization 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 by 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. November 16, 1976 Page Seven II 1 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 Wilson 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 Fleshman - Associate Planner IV. APPROVAL OF MINUTES A. MINUTES of the meeting of November 4, 1976 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 COMMUNICATIONS 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 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. 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 ^r 16 , 1976 le Ore i F that staff was recommending that the Planning Commission con- this revised Sign Ordinance tonight and also consider the Zon- dinance Amendment, which increased the value of signs that mayiewed 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 was 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 LU against the proposed Ordinance. He stated that he was speaking C% as a representative if the Business Men 's Association of Palm UJ U Desert. Further, he stated that he had just received a copy of ++ the Ordinance this afternoon and that it was quite a lengthy do- Z ' cument; therefore, he felt that additional time should be granted 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. Mr. Will answered that Mr. George Kryder and Mr. Noe had zreceived copies of the Ordinance this afternoon. However, w Mr. Kryder had previously received the detailed suggestions n of the City Council and that the additional revisions were F minor except for the amortization program. Further, he stated that both Mr. Kryder and Mr. Noe had come into City Hall and had reviewed the Ordinance with him. He also felt z 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. November 16, 1976 Page Two PLANTING 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 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- 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 Va 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, MILLS, READING, WILSON NOES: NONE ABSENT: NONE ABSTAIN: NONE S. ROY WILSO , CHAIRMAN I ATTEST: VAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION PLANNING COMMISSION RESOLUTION NO. 193 EXHIBIT 'A' RECOMMENDED REVISIONS TO ORDINANCE 129 SECTION CHANGE 25. 38-2. 13 A sign 000$0 with an immediate source of illumination that is completely enclosed by the surface of the sign structure. 000 000$0 OAA;040 11got ootoAt $o077 oot 0$t000 too U01 t00A700000t W $W to foot 00$000 Al 0t t@✓ ,(70) f00t ffdo goo $1 9 25.38-2.24 Y ot1f1WMO Mgt 0ot70A6XA11t0t1oo %XgH $0077 Iwo 001 tot WOO$ 0000 00A/ot W40AM00 MAO 1$ A0td�0o00t7� OtWofo to too $001001 RESERVED 25.38-10.01 During a period of time when realty is offered for sale or rent, a sign so indicating, but not exceeding three (3) square feet in area or four (4) feet in height may be located on the proper- ty. No real estate signs shall be located on a roof, project from a building face, or move in any manner. Any such signs shall be removed upon the rental of the property or upon the completion of escrow. At MOM col U ON MY$ ftoo tot 000rs A of 0$0009 >401toOW $tt4t$ fit$tf 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 shall be provided. In addition, one rider not to exceed 5" x 16" m be installed to the bottom of a approved 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- 1 rovfsioes: 1 shel not exceed three (3) square feet; no flags or banners shall be used; To be located on private property only; 4 limited to one sign only. 25.38-11.07 Add - In addition one rider not to exceed 5" x 16" ma be instal�e at the bottom of an approved real estate sign.- 25.38-12.11(4) Delete - 000 0A77 $1961 Aot 00t00009 too 110) WON foot 10 0t00 0110 tot A1`W$1o0 fot WOW 0070 Wy 1$ potolttoo to 0AWt1$0 $00007 $070$ W 0$00t$ f070too to 00WAA100 00010t WOW 0140 $00007 $070% of WOW 0o otoot t0m0ototy $1�0$ $o0T1 00 A0�1tt0ol -1- PLANNING COMMISSION RESOLUTION NO. 193 EXHIBIT 'A' SECTION CHANGE 25.38-12.12 Add - Further, where the unique design of the center allows for adequate integration of a larger sign the permitted pedestrian traffic signs as all in Section 25.38-12.05 ma be increased to a maximum of six 6 square feet er side. In add io tion, one rider not to exceed 5 ' x 16"—mma be installed at the bottom of any approved real estate sign- 25.38-13 A mobile home park shall be allowed 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 on each right-of-way upon which the business fronts. No sign shall have a surface area of greater than thirty (30) square feet OAoo 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 a 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 may be 1p aced on the sign at a location visible and readable from the public or rivate right-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$0 00010% the cash bond requirements of this sec- tion. Mcnies from this account wi17 be used to remove s-ign-s llegadly osted. Any­surplus monies from this account 0 maX be used to remove signs AT7oAAT7t posted without a bond. 25.38-18.07 Any sign that is in non-compliance with the regulations of this Article shall be removed prior to or upon the date designated for removal in the above abatement schedules. If the owner of, or the persons responsible for, the sign fails to remove the non-conforming sign, too Hoot Of too 0000$ 0000 AN OM too Mo A$ 700Ato0 007 00 t0$000$A070 for` tiro NNW Of too Mo A00 too VWX $0017 00 0000 ARNA NOW ON OW follooAo0 trio OAto Of ►�Oof00of0�`d�AooO! 700 0004000 f0t too NNW Of All $AAo$ $o$11 00 A$ fO7100$f with- in ten (10) days following notification, such non- action may be corrected at the option of the City Council as a violation of this Ordinance or the Council g select to up rsue the followinq procedure' 25.38-18.08(1)a Change BO0AtAlO0t$O01to read Council Member. 25.38-18.08(1)b Change AttOtAof$ to read Retail Businessmen. 25.38-22 Penalties ny person, firm, or corporation willfully viola- ting any of the provisions of this O�OAO AU Article shall be 00A1tt Of A t6A$dofioAOOP 0041 0000 AM floc Of IOt Wo Wo Wo NO oto0 0077AH WON Of 0Y IMOl'A$Woot f0t A WHO 00t WOW X09 $fit IN MUM Ot Wo Wo fX00 $00 A00MOof 00011 subject to the provisions of City Ordinance 57, as amended from time to time. -2- 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 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: Ordinance 137 is hereby repealed. SECTION 5: Section 25.38 of Ordinance 99 is hereby added to read as is more specifically stated in Exhibit 'A' , as revised by Exhibit 'B' , attached hereto and made a part thereof. SECTION 6: Section 25. 39-2. 10 of Ordinance 99 is hereby repealed. SECTION 7: 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 8: 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 regular meeting of the Palm Desert City Council , this _ day of 197_, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: NOEL J. BRUSH, MAYOR ATTEST: l SHEILA R. GILLIGAN , ,'T OF F,lJ' CALIFORNIA A v MEETING BETWEEN STAFF AND HOTEL OWNERS ON PROPOSED SIGN ORDINANCE DECEMBER 20, 1976 3 PM - CITY HALL CONFERENCE ROOM Present• W. D. Miller Casa Larrea Motel 73-771 Larrea Street V. M. Arney Gala Villa Motel 73-721 Shadow Mountain Jim Richards Sandra-La Motor Lodge 74-470 Abronia Trail Joseph Carrabus Carousel Motel 45-640 Highway 74 Frank Messano Desert Patch 73-758 Shadow Mountain Ruth A. Demos Palm Desert Lodge 74-527 Highway 111 Staff Present: Paul A. Williams - Director of Environmental Services Sam Freed - Assistant Planner Others Present: Steve Moore - Representing The Desert Sun +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++a Ruth Demos: The ordinance may cause some hardship to businesses that need a sign for visibility. The cost of sign replacement will be dif- ficult after having to, pay for damage caused by the flood. Jim Richards: The cost of sign removal could be several thousand dollars, which is particularly difficult for a small business which must compete with other hotels in Rancho Mirage and Indian Wells. Frank Messano: Hotels in town compete with each other and they should have the same sign requirements for hotels in the R-3 and C-1 zones. Jim Richards : The ordinance has not received much input from hotel owners. The next meeting is to be arranged by the staff after New Years. 'Sam Freed, Assistant Planner 4; 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE December 15, 1976 APPLICANT City of Palm Desert CASE NO. ZOA 02-76 - Sign Ordinance The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of December 14, 1976 CONTINUED TO DENIED XXXX APPROVED BY PLANNING COMMISSION RESOLUTION No. 193 PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. XXXX PLACED ON THE AGENDA OF THE CITY COUNCIL OF January 27, 1976 FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert , within fifteen (15) days of the date of the decision. PAUL A. WILLIAMS, Secretary Palm Desert Planning Commission Applicant County Road Department CVC14D CITY of PALM DESERT STAFF REPORT To: Honorable Mayor and Members of the City Council Report On: Proposed Sign Ordinance I. REQUEST: As a result of the study sessions that have been held with the City Council on the proposed Sign Ordinance and the input received from the public thusfar, the staff is of the opinion that the matter should be referred back to the Planning Commission for re-consideration before the City Council gets too heavily involved in the project. Further, the staff believes that certain adjustments should be made to the Ordinance before it is acted upon by the Council . These changes will be to clarify, simplify, and improve the Ordinance. II. STAFF RECOMMENDATION: That it be moved 'by the City Council to refer Ordinance 129 back to the Planning Commission for re-consideration. October 8, 1976 Page One INDEX A. REPORT NO. 2 - RESPONSE TO GEORGE D. KRYDER'S COMMENTS B. REPORT NO. 3 I. Introduction II. General Comments III. Review of Alternatives IV. Proposed Revisions V. Summary SUPPLEMENTAL REPORT NO. 2 CITY of PALM DESERT SUPPLEMENTAL REPORT NO. 2 To: Honorable Mayor and Members of the City Council Report On: Analysis of Responses received from Mr. George D. Kryder on the Proposed Sign Ordinance Case No. : ZOA 02-76 An additional written comment has been received on the proposed Sign Ordinance from Mr. George D. Kryder, President, Retail Merchants Division of the Palm Des- ert Chamber of Commerce. The following represents a response to his individual comments : Comment No. 1: Section 25.38-2.24 Vehicle Identification Signs It is felt that the City has no valid reason to control signs on vehicles. Response: This section was included within the Ordinance for the purpose of controlling portable, free-standing signs on vehicles in the community and is a carry-over of other provisions within the Or- dinance which prohibit any off-site advertising signs. Philoso- phically, the attempt is to limit the ability of a person to use a vehicle as a temporary ground sign to advertise his business and direct people from the public right-of-way to his business. In addition, the utilization of a full -size van or truck for ad- vertising purposes could have a very negative impact on the com- munity. It would appear that these are valid reasons to limit advertising on vehicles. A six square foot sign on the side of the vehicle appears to be a reasonable size for identifying the name and address of the company who owns a vehicle that is used for business purposes. Comment No. 2: Section 25.38-3 Sign Permit Procedure It is suggested that the procedures for obtaining sign permits re- quire much more detail , more paper work, and a greater expense than is necessary. This is particularly true, since most signs will be covered by the $500.00 minimum valuation called for in the ordinance. Response: Not really true. All signs of less than $500 in value simply require a staff level approval prior to obtaining a permit from the Building Department; no fee is charged for signs of less than $100 in value and a fee of $10 is charged for signs between $100 - $500 in value. In addition, the information provided for the staff review is the same as would be required by the Building Department to obtain a sign permit, except for information relative to sign materials. Therefore, the process is not complicated. For signs greater than $500 in value, it is felt that they would have a more substantial impact upon the neighborhood or the total community; therefore, it should be reviewed by the Design Review Board and the Planning Com- mission. This process has a fee established of $15. It does not appear to staff to be an unreasonable fee for the processing through these two boards of a request, particularly when it requires that staff field inspections be made and the area reviewed as to existing conditions of the area in relationship to the proposed sign. The $500 limitation will cover a majority of the signs that are installed in the community with the exception of new large projects which have a multiplicity of signs. In this instance, the signs may be reviewed as a part of the total project and no additional fee or time is in- volved in reviewing the signs. -1- Comment No. 3: Section 25.38-3 Sign Permit Procedure The ordinance suggests that a permit be required for maintenance of signs. A permit should be required only if maintenance results in alteration of the sign. Response: Agreed. That is the intent of the proposed Ordinance. Comment No. 4: Section 25.38-11.08 Roof Signs Roof signs should not be arbitrarily prohibited. Response: Roof signs were expressly prohibited in the Ordinance on the basis that such signs are very hard to integrate into the de- sign of any building and have a more negative impact on a greater portion of the community much the same as very high ground signs. This limitation is a carry-over from the County-wide ordinance which also prohibits roof signs. . The real issue here is the lo- cation of signs on a building in relationship to the eaveline or rather the definition of where wall signs may be located. The proposed Ordinance attempts to restrict the location of signs to below the eaveline. In some instances , this will create a hard- ship. However, .it is felt that these instances are so few that they should be considered separately through the variance proce- dure rather than to .provide for modification of the Ordinance at this time. Comment No. 5: Section 25.38-12 Permitted Signs-Purpose There is no argument with the .purposes of the ordinance relating to "permitted signs". However, it is noted that the deviations from the specific standards allowed under the ordinance are en- tirely subjective. For example, one of the goals is "compatible design , simplicity, and sign effectiveness". In other sections of the proposal , we find vague references to compatible colors , and the desire to "preserve and enhance the visual nature of the City's streets and highways". Again, there is no criticism of the goal of the proposal , but only the agreement that there will be occasions when the sign owner and the City staff and/or the Design Review Board will not agree as to whether a given sign will "enhance the visual nature of the City's streets". Therefore, we suggest that the Council incorporate into the ordinance a provi- sion for a board of arbitration for such disputes. This could be the same panel as proposed for the Ad Hoc sign amortization com- mittee, or one similarly constituted. Response: The proposed Ordinance provides, through the intent and purpose sections, design standards and the sign evaluation criteria, the format to be utilized in the future to review signs. These sections are an attempt to reduce the amount of subjectivity and to provide positive direction to the businessman and to the City review process. The review of an approval of a sign, as all mat- ters under the Zoning powers of the City, is subject to appeal to the City Council either by the applicant or opponents of the mat- ter. Therefore, the City Council would act as the board proposed by Mr. Kryder, without any modification of the proposed Ordinance. -2- Comment No. 6: Section 25.38-14.05 Free Standing Signs Free standing signs, as in the section relating to roof signs, should be given a more thorough examination. The regulations will involve many signs now in existence, and the guidelines for their control should be spelled out in some detail , as op- posed to the proposal as it now stands. Response: The section referenced by Mr. Kryder which is 25.38-14.05, deals with free standing signs within residential zones other than single-family. It is felt that particularly in residential zones, signs should be specifically controlled, particularly free standing signs to conform to the residential character of the zone. There are few instances in the present community where this Ordinance will substantially affect existing signs. As with roof signs, free standing signs are very hard to integrate with the architectural design of a structure, unless they are clearly subordinate to the structure in terms of size and height. Further, the higher the sign , the greater the area in which it can be seen; thereby in- fringing upon the rights of adjacent businesses to advertise. The Ordinance attempts to maintain a competitive balance between businesses to advertise. Comment No. 7: Section 25.38-15.06 Public Pricing of Merchandise on Display Section 25.38-1 .07 Pu lic Pricing of Merchandise Not on Display It was the opinion of all of the retail merchants consulted that there should be no regulation of price displays or promotional ma- terial , and it could constitute a burden to the businessman to con- form to guidelines relating to the size of prices and letters. The two sections would, in essence, prohibit the use of pricing and dis- play material furnished to the local business by his suppliers. Of- ten, this is the only professionally prepared advertising material available. The ordinance would deny the local merchant the oppor- tunity to tie-in his local promotion to the National advertising for products which he carried. The use of pricing and promotional material supplied by the advertisers could not be used unless it conformed to the details of the ordinance. Response: Two different areas of concern are addressed by these two sections. The first deals with the size of the pricing of the merchandise that is physically on display within the window area. Here the attempt is to restrict the size of the pricing so that the area of concentration will be on the material that is being displayed. The second section deals with goods or services that are not being phy- sically displayed. In other words, only the prices or the descrip- tion of the goods or services are displayed. It is felt that in this instance, greater control and limitation should be provided in order to prevent the total utilization of the window to describe every product that is available by the business which if utilized on a commercial wide area could be detracting to the commerical area. The attempt here is to provide a reasonable standard to guide dis- play of descriptive information. Comment No. 8: Section 25.38-15.08 Sale Signs Sale signs are essential to the success of many businesses where such things as changing styles, limited shelf-life, or Summer closing require a rapid turnover or reduction in inventory. The ordinance is overly restrictive and should be reviewed. Response: The purpose of windows is to provide for light to businesses in conformance to the Building Code requirements. The attempt here is to limit the amount of window that could be reduced to prevent this light transfer. In addition, the attempt is to provide for a reasonable area for special activities in addition to the per- mitted signs. Such a restriction does not appear unreasonable. -3- Comment No. 9: Section 25.38-16.06 Colors Allowed A number of comments were to the effect that there should be no restrictions as to the number of colors used. Response: The real heart of this section is not the number of colors but the word c_ommplimen_tary. The attempt here is to keep signs as simple as possi a to o increase their effectiveness. Such an ideal is normally not achieved when a sign consists of a multitude of colors. In ad- dition, such a sign would detract from the overall design of the building. It is therefore considered reasonable to limit the number of colors in a sign to some maximum. The maximum of four is typical with other cities and it appears to be a reasonable standard in re- lationship to many of the existing signs in the community. Comment No. 10: Section 25.38-16.07 Size Reduction Due to Type of Illumination There was unanimous and strong feeling against the restriction of sign size, based simply on the fact of its being illuminated in- ternally rather than being externally lit, or unlit. If the "glare factor" is of-prime consideration, this can be controlled by other means including the wattage of bulbs used or the type of fluorescent tube. Otherwise, the requirement that internally lit signs be half the size of any other seems arbitrary. Response: Beyond the compatibility of internally lit signs to the overall de- sign of the building, staff believes that lighted signs generally are used for three distinctly different purposes: First, the lighted sign is essential to a business that is open during the night-time hours. Secondly, a lighted sign is essential for businesses that are open during the daylight hours and night-time hours. Thirdly, a lighted sign is used by those businesses who feel that while they are only open during the daylight hours, a lighted sign provides for additional hours of advertising of the business. The attempt here is to limit lighted signs to those businesses that are actually open at night, with the effect being that once the number of lighted signs are reduced to those businesses that are actually open at night, they become more effective and therefore need not be as large as the daytime signs. As an alternate, the businessman, regardless of his hours of operation, has the option of providing for externally lighted signs which are felt to be more compatible to the character of the community and are easily integrated into the design of the building. The indirect effect is the reduction of the amount of light within the commercial area which may benefit the overall appearance of the commercial area. In addition , this approach is an indirect attempt to encourage the use of materials in signs which compliment the materials of the related structure.. The overall effect is considered to be an improvement of character of development within the community. Therefore, this restriction accomplishes these major purposes. There are alternates to the proposal in terms of requiring that signs only be lighted during the hours that the businesses are open. However, this is much harder to restrict than what is proposed. Comment No.. 11: Section 25.38-18.04 Removal and Amortization Period There was comment that the amortization and removal periods, as set forth , are discriminatory. That is , the man with a $500.00 sign may find it just as difficult financially to replace his sign as does the owner of a sign costing $5,000.00. Yet, the first man has only one year to replace his sign , and the other has five years. This comment has certain merit, and it might be reasonable to consider giving all sign owners an equal period of time to reach conformity, regardless of the initial cost of the sign. -4- Response: The attempt here is to provide for a reasonable time in which a businessman may amortize the replacement of his sign or to make the necessary modifications to the sign so that it conforms to the Ordinance. There are very few instances where the existing sign cannot be modified to conform to the Ordinance. It is felt that the times specified in the amortization period are reasonable for amortization of the existing sign or modification of the sign to conform to the Ordinance. The larger the sign , the harder it is to conform to the present Ordinance and therefore the longer period of time for amortization. Such a concept appears reasonable. Further, in conjunction with the ability to obtain additional time for unique circumstances through the Ad Hoc Sign Amortization Com- mittee process, it appears that the amortization period program is reasonable to cover any instances in the community. GENERAL COMMENTS The following are general , and personal , comments about the proposed sign ordinance and its effects on the businesses of the City: 1. It should be recognized that each retail outlet has its own specific need for identification, and that this need will vary with the location of the business within the city. Some businesses need very little on-site identification. To others, store and product identification is essential to the life of the busi- ness. Response : Agreed. The proposed Ordinance attempts to take into account this range of differences between businesses in a reasonable way. 2. Sales are a legitimate function of the business community, and are of direct benefit to the businessman, the local consumer, and to the City. Response : Agreed. However, the impact of the signage "for sales" are also a legitimate concern of the community from the standpoint of being reasonable and of good character. 3. The businesses of Palm Desert are in direct competition with those in other cities in the Valley. To stay virile in a competitive situation, good store identification, product identity, and the ability to promote goods and services is an absolute necessity. Response: Agreed. It is felt that this ordinance will maintain the competition for the Palm Desert businessman. 4. The thrust of the sign ordinance will weaken and dilute the ability of local businesses to stay competitive. There are compromises which must be made by businesses for the good of the community, and I do not find any opinions to the contrary. However, the present proposal will lead to conformity, uniformity, and sameness. I hope that the Council will take time to examine the true goals of the City in formulating this proposal , and will take a long look at the end results that may turn up if any area of the business community is too closely regulated. Response: It is felt that the proposed Sign Ordinance is reasonable and will provide for equal advertising for each business in the community. The issue here is the fact that a number of the existing businesses in the community have signs that provide them greater advertising potential and naturally they wish to -maintain that more competitive position. For the good of the community, it is felt that modifica- tions of these situations must be made in order to obtain the over- all goals and objectives of the community. If the Council agrees with this concept, then the Ordinance as presently written will do this. Further, the very basis of the proposed Ordinance is that signs be solely for identifying the .existence of the business and in some instances the services available at the place of business. Because such notification is being expressed to individuals normally in moving vehicles, driving at varying speeds, because business signs must compete with traffic regulation signs, and the driver's concern for safely maintaining the movement of the vehicle he is driving, the proposed Ordinance was developed to emphasize simple, but effec- tive, signs which in addition are compatible to the character of the development or business it is representing and further the com- munity in which it is located. Finally, the proposed Ordinance is -5- I an attempt to provide equal ability to each business to notify the public of his business. If such goals are not considered correct, then some re-thinking of the Ordinance would be appro- priate. -6- SUPPLEMENTAL REPORT NO. 3 8/24/76 CITY of PALM DESERT SUPPLEMENTAL STAFF REPORT NO. 3 To: Honorable Mayor and Members of the City Council Report On: Proposed Sign Ordinance Case No. : ZOA 02-76 I . INTRODUCTION: Since a number of written responses to the proposed Sign Ordinance have been received, the staff believes it is appropriate to outline to the Council the range of valid al- ternatives that are available relative to the various concerns that have been expressed. This report represents the range of alternatives available on each comment received thus- far on the proposed Sign Ordinance and the staff's recommendation on each comment. II . GENERAL COMMENTS: In order to reduce the length of the report where there are similar concerns expressed by the opponents , the staff will list the alternatives under the first place that they are expressed in chronological order of receipt of the written comments. In terms of general comments , the range of concerns with the Sign Ordinance are remarkably limited. III . REVIEW OF ALTERNATIVES A. Responses from Jim Engle of the Imperial Sign Company 1. Regulation of Vehicle Identification Signs a. alternatives: 1. delete the requirements 2. limit regulations to signage which is functioning as temporary ground signs 3. increase the entitlement from a maximum of six square feet to a larger area 4. leave the restrictions as written b. staff recommendation: Select alternative #2 - the major purpose of the provisions was to pro- hibit such signs. 2. Requirement for a Sign Permit to Maintain a Sign a, alternatives: 1. delete the requirement 2. refine the requirements to limit the requirement for a sign permit to maintenance which results in physical alterations of the sign 3. limit restriction to painted signs only 4. leave the restrictions as written b. staff recommendation: Select alternative #2 - The purpose of the restrictions is to review those modifications of a sign that result in a changed size, color, or information. -1- 3. The value of si ns re uirin approval b the Desi; n Review Board should be raised from 560 to 2,000. a. alternatives : 1. increase the value to $2,000 2. increase the amount from $500 to some amount between $500 and $2,000 3. reduce the amount to something less than $500 4. leave the restrictions unchanged b. staff recommendation: Select alternative #4 - The provisions as written appear as a reasonable breakpoint between staff review and DRB and Planning Commission review. 4. Fees for .Sign Review are Excessive. a. alternatives: 1. require no fee for sign review 2. require a greater fee for sign review 3. require a lesser fee than required ($0 for less than $100 in value, $10 for signs valued between $100 and $500, and $15 for signs greater in value than $500 presently) . 4. leave those restrictions as written b. staff recommendation: Select alternative #4 - present fees do not appear excessive. 5. Resort hotels should be permitted more sign area. a. alternatives: 1. increase the sign allowances in the residential zones as similar to those permitted in the commercial zones 2. increase the permitted sign areas to something in between the allowances permitted under the residential zones and the commercial zones 3. reduce the amount of allowance for signs for resort hotels 4. leave the allowances as written. b. staff. recommendation: Select alternative #4 - Proposed allowances are compatible with the residential character of the zone. 6. Why is the word motel not permitted? a. alternatives: 1. allow the word motel 2. leave the limitation as written (the word "Motel " is a .program that was established as a part of the original adoption of the Zoning Ordinance and if it is proposed to deviate from this concept, other changes to the Zoning Ordinance would be required to provide for "motel ") b. staff recommendation: Select alternative #2 - The State no longer distinguishes between hotels and motels in their requirements. It is felt that this limitation is compatible to the types of design of the majority of existing and future short-term resort development in the community. -2- i 7. Increase the sign area for condominiums. a. alternatives: 1. increase the sign area for condominiums to conform to sign areas permitted for resort hotels 2. reduce the amount of sign area for condominiums to conform to any other residential use in the zone 3. delete any restrictions 4. leave the limitations as written with slight modification b. staff recommendation: Select alternative #4 - Such developments are residential and should therefore have signs more compatible to other signs allowed in residen- tial zones. 8. Eliminate controls for signs on the interior. a. alternatives: 1. delete requirements 2. leave the requirements as written (deletion of the requirement would require some modifications to the Design Review Board section of the Zoning Ordinance, which would seemingly give the City the power to review signs on the interior presently) b. staff recommendation: Select alternative #2 - but limit controls to those signs physically at- tached to the window. 9. A church would need more than twenty square feet. a. alternatives: 1. increase the entitlement to conform to commerical uses in commercial zones 2. reduce the entitlement to conform to other residential uses 3. delete any restriction for signs 4. increase the permitted sign area to a maximum of forty square feet 5. leave the restrictions as written b. staff recommendation: Select alternative #5 - the proposed entitlement appears reasonable. 10. Attraction boards for hotels should be at least ten square feet. a. alternatives: 1. increase the entitlement to 10 square feet 2. increase the entitlement to a larger area 3. delete the requirement 4. leave the requirement as written b. staff recommendation: Select aternative #4 - the attempt is to limit the announcement to the major attractions of the hotel . -3- 11. Increase the height for free-standing signs in residential zones other than single-family. a. alternatives: 1. increase the entitlement to twelve feet for small businesses and twenty feet for larger hotels 2. increase the height to conform to the limitations in the com- mercial zones which is twelve feet 3. limit the height of free-standing signs to the height of adjacent buildings 4. leave the limitations as written b. staff recommendation: Select alternative #4 - proposed height of ten feet appears compatible with residential character of zones. 12. Second-story businesses should not go through the Design Review Board Process and no fee should be required. a. alternatives: 1. remove any restriction relative to the Design Review Board Process 2. leave the restrictions as written b. staff recommendation: Select alternative #2 - there should be no apparent distinction between signs on first or second story. 13. The use of attraction boards by ni htclubs and cabarets should be increased to twent -five s uare feet er si a and s ou be able to orrow t e s uare footage from t e main identification sign. Propose ordinance has a maximum of twenty square feet sing a-face or fifteen square feet for side on double- face. ) a. alternatives: 1. increase the square footage entitlement to twenty-five square foot per side and include the ability to borrow square footage from the main identification signs to increase the area of the reader board 2. require the inclusion of the attraction board into the main sign to be included in the maximum square footage based upon the frontage of the property 3. delete any requirements relative to the reader boards 4. let the restrictions remain as written b. staff recommendation: Select alternative #4 - the proposed allowance appears reasonable to accomplish its purpose and be proportionate to the main sign. 14. Gasoline and .service station signs - it is felt that the eight foot in height for round signs is too low for ro er vise ilit and safet For example, Palm Springs allows twenty foot for service station signs. a. alternatives : 1. increase the permitted height of free-standing signs for service stations to twenty feet 2. increase the permitted height of service station signs to twelve feet 3. limit the height of the ground sign to the height of the building only 4. let the restrictions remain as written -4- 14. (continued) b. staff recommendation: Select alternative #4 - the proposed height of eight feet would be pro- portionate to the typical height of a service station. 15. Signs for shopping centers should be based upon the frontage of the property, not per acre. a. alternatives : 1. increase the entitlement to some larger figure per acre 2. provide for the entitlement based upon linear footage of the property on its main frontage, with a maximum of 50 square feet 3. not allow individual signs for shopping centers 4. let the restrictions remain as written b. staff recommendation : Select alternative #4 - the purpose of the sign is to describe the name of the complex. The entitlement appears reasonable to accomplish this objec- tive. 16. Sales and rental si ns in commercial zones 18" x 24" "for sale" sign for 2, acres is too restrictive. a. alternatives: 1. increase the entitlement to some larger figure 2. utilize the previous County standard which was 24 square foot on surface area and not more than 8 feet in height 3. base the sign entitlement on the linear frontage of the property on the adjacent streets and allow signage on the basis of one square foot of sign for each foot of frontage with a maximum of 50 square feet 4. let the proposed restrictions remain unchanged b. staff recommendation : Select alternative #4 - The entitlement appears reasonable. 17. Interior realtor signs have a maximum of 18" x 24" put back from the window. (Should e not that this sign is in lieu of other signs as provided under Section 25.38-15.07) a. alternatives: 1. increase the allowance to some percentage of the window area 2. decrease the requirement 3. delete any restrictions 4. leave the restrictions as written b. staff recommendation: Select alternative #1 and increase permitted area to five square feet and limit restriction to signs attached to the window. -5- 18. Signs in RM zones - Why are only shadow-lighted or un-lighted signs permitted versus interior lighted sins? Free-wstanding Signs should be at least 12 feet and rental sign limits increased. a. alternatives: 1. allow interior-lighted signs, increase free-standing signs to 12 feet and increase for sale and rental signs to some larger size 2. allow interior-lighted signs , maintain the free-standing signs height at 8 feet , and limit sale and rental signs to 3 square feet 3. delete the restrictions from the ordinance 4. leave the restrictions as written b. staff recommendation : Select alternative #4 - proposed signage conforms to residential character of zone. 11. Each ss need t o toof ht heD ssi n sReview oard. The Plannin Department staffud o 80 i n not n q throw t e Desi n Review Board. Comment: This is pretty muchthe case as t e process presently works - see previous discussion of this matter.) 20. Color of signs - black and white should not be conisdered as colors. a. alternatives: 1. not consider black and white as colors 2. delete requirement 3. leave the restriction as written b. staff recommendation: Select alternative #3 - Limitation of number of all colors is appropriate. 21. Removal and amortization period - the amortization schedule should be determined on the basis of t e uildin official s determination of the value of the si n after consu tation with the sign owner and/or si n manufacturer. The value shall e book value of the sign as it exists on the effective date of the Ordinance. a. alternatives : 1. utilize the building official 's judgement as to the value of the sign based upon book value at the effective date of the Ordinance 2. establish the value of the sign on the basis of the size and a arbitrary value placed upon signs on the basis of the square footage of the sign 3. assume all signs to have a single value and provide a single amortization period for all signs 4. leave the determination of the amortization as written b. staff recommendation: Select alternative #4 - appears to be a reasonable program. -5- 22. Modify the proposed amortization schedule to as follows: Value of Sign Period for Removal $100 or less 90 days $100.01 to $200 6 months $200.01 to $400 1 year $400.01 to $650 2 years $650.01 to $1,000 3 years $1,OQO.01 to $1,500 4 years $1,500.01 to $2,500 5 years $2,500.01 to $5,000 7 years $5,000.01 to $7,500 8 years $7,500.01 to $10,000 9 years $10,000 - or more 10 years a. alternatives: 1. modify the proposed amortization schedule to conform to Mr. Engle's proposal 2. establish some period for all signs 3. allow all non-conforming signs to remain for the life of said sign 4. leave the proposed amortization schedule as written with proposed modification b. staff recommendation: Select alternative #4 - appears to be a reasonable schedule. 23. There should be no permit fee necessary to change a sign face. a. alternatives: 1. delete the requirement for permit fee 2. leave the requirement for permit fees as written b. staff recommendation: Select alternative #2 - in a great many instances there will be no fee. B. Comments from Mr. Kryder 1. Vehicle Identification signs (see previous comments) . 2. Permit procedures (see comments under Mr. Engle relative to alternatives on this issue. 3. % ulation of maintenance of signs (see comments under Mr. Engle's section re- ative to t is matter) . 4. Roof signs should not be arbitrarily prohibited. a. alternatives : 1. allow roof signs to a maximum of 20 foot above ground in commercial areas only 2, modify the definition of wall signs to allow wall signs to extend up to the maximum height of the roof 3. allow roof signs only when no other alternative signage program is available for the building due to the unique design 4. leave the restrictions as written b. staff recommendation: Select alternative #2 - such a provision should adequately provide for buildings of unique design. -6- 5. There should be no re elation for price displays -or Promotional materials shown behind shop windows. a. alternatives : 1. remove restrictions on price display and promotional materials within a window area 2. enlarge the permitted restrictions to a larger square footage area 3. make the requirements more restrictive 4. leave the restrictions as written b. staff recommendation : Select alternative #1 - restriction should be limited to information attached to the window. 1, Sale is are absolutely .essential for the success of the business. The ordinance is overly restrictive. a. alternatives: 1. increase the permitted area for sale signs to greater than the permitted 5 square feet 2, decrease the square footage 3. delete the restrictions 4. leave the restrictions as written b. staff recommendation : Select alternative #4 - such signs can have a substantial impact on the commercial area. 7. There should be no restrictions on the number of colors allowed in a sign. See previous comments 8. Size reduction due to type of illumination. a. alternatives: 1. delete the restriction 2. reduce the percentage to less than 50% reduction 3. leave the restriction as written b, staff recommendation: Select alternative #1 - Adequate controls are provided by other sections of the Ordinance. 9. Removal and amortization period should be the same for all signs regardless of the initial cost. See previous comments. IV. RECOMMENDED REVISIONS Based upon all the input received on the proposed Sign Ordinance, it is recommended that the following revisions be incorporated into the proposed Ordinance: (See attached list of revisions. ) -7- V. SUMMARY V. SUMMARY Since the initial review of the Sign Ordinance by the Council , the staff has reviewed the input received on the document and has prepared specific recom- mendations relative to revisions to the document. While in some instances the recommended revisions are the result of the input received from various individuals commenting on the document, most of the re- commendations of the staff for revision are based upon an attempt to simplify and clarify the Ordinance. In addition, these modifications are an attempt to make the document more reasonable in its application both to existing and new businesses. RESOLUTION NO. 76-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA , SETTING FORTH ITS FINDINGS AND DETERMINING THAT THE ENVIRONMENTAL IMPACT REPORT ON THE PROPOSED SIGN ORDINANCE BE CERTIFIED AS C014PLETE AND FINAL. WHEREAS, the City Council of the City of Palm Desert , did review the Environmental Impact Report on the proposed Sign Ordinance of the City of Palm Desert , to be known as Article 25. 38 of the Palm Desert Municipal Code , at a Public Hearing on July 8 , 1976; and, WHEREAS, said Environmental Impact Report has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 74-14; " and , WHEREAS, the City Council did take into consideration the comments and the reports of the various reviewing agencies and i private citizens. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert , California, as follows : 1. That the above recitations are true and correct and constitute the findings of the Council in this case; P. . That it does hereby certify the Environmental Impact Report as complete and final. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council held on the 22nd day of July , 1976, by the following vote, to wit : AYES : McPherson, Mullins , Newbrander, Brush NOES : None ABSENT: Seidler ABSTAIN: None NOE J. RUSH, MAYOR ATTEST: RECEIVED Harvey L. Hurlburt , HARVEY L. HURLBURT, CITY CLERK /U C7 2 3 1976 City of Palm Desert , California � €NViReNetcNTAL SERVICES t 'i Cl--! 05 PALP+t DESERT SHEILA R. GPLLIGAN, WPUTY CITY CLERK - City of Palm Desert , California 0 0 N m 0 m C rr N r-i O Z N . � O o 0 O �< N D 01 J 0 (D n cm m X J O 0 3 I C+ (D N m - w c w m 3 n (D C+ C+ N )( n (p N C+0 (D t+ — (D w 3 O O n (D J (D n V w (D zr . < O J (� (D w J 3 ffJO 3 w 0 O S O 3 S O T N fD O O D(D O h •(D fD 3 (D w3 w -s h n < =-9k, 3a ( o mm wcrD j O i n O rD fi n 0 0 (D O �•w s0 s 0 ' m l 'O5 r+ S 3 O f X O (D 3 X �� Cf (D w (D Q J y x n w1+ wo 3 (D 3 'S n — O (D w �J fD O j 0 0 w 0 •w 0 •0 0 cn I i < n< n ^y (D w (D J C+ 3 N C+ W (t(11l3) y N (D �. 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(D J7 W W .n O 1Z�G N IW <--1 C (D O' CL Z • N c 5 O (D N (D .o w JE3n ww , . � w (D (D0 . rt �aov 1 N w N m (D 0 -1 m ros a m < ca (D -h (D a �• fD w (D (D i v O X Z D fD f I O fD v i ro 4 C N � I nn ' O � lei Mayor Brush asked for input in Opposition to the EIR and there was none. Mayor Brush declared the Public Hearing closed. Councilman Newbrander moved to approve the Final Environmental Impact Report on the New Sign Ordinance by adoption of Resolution No. 76-89 and Certify the EIR as complete. Councilman Mullins seconded the motion; carried unanimously. B. CONTINUED CASE NO, ZOA 02-76, SIGN ORDINANCE. Public Hearing on the Adoption of a New Sign Ordinance for the City of Palm Desert , California, Amending Section 25. 38 of the Palm Desert Municipal Code. (Continued from July 8 , 1976. ) Mayor Brush declared the Public Hearing open. Mr. Hurlburt pointed out that a letter had been received from the Palm Desert Property Owners' Association (copy attached) indicating their total support of the ordinance. He read the letter for the record. Secondly, he noted that a meeting had been held at the Chamber of Commerce wherein misstatements of fact had been made concerning the ordinance. Subsequently, Staff met with some of the members of the Chamber and these mis- statements were corrected. He further pointed out that the meeting of the Chamber had resulted also in an article appearing in a local newspaper which was not quite accurate. He pointed out the areas of misunderstanding in the article and stated that these also had been resolved. Councilman Mullins stated that because of the controversial nature of this ordinance, he felt that it should be con- tinued until the fall so as to be sure all residents wishing to express their opinions could be heard. Council- man McPherson explained that he felt Council should also have ample time for study of the proposed ordinance to ensure making the proper decision. Mayor Brush explained that all input would be received for the record but that the item would be continued to a later date. Mayor Brush asked for input in FAVOR of the ordinance. MR. RON GORMAN, 73-900 E1 Paseo, Palm Desert , addressed Council expressing full support of the ordinance as written and complimenting the Planning Commission and the Chamber of Commerce for an excellent job. He expressed concern that an Indio resident and owner of a sign company was speaking for the people of Palm Desert . MRS. LELA THOMPSON, DESERT BEAUTIFUL, stated her organiza- tion' s full support of the ordinance and also suggested that Mrs. Marian Henderson be asked to participate in some of the City committees. MRS. ASHLEY McDERMOTT, 92-921 Sonora Drive, Palm Desert , stated his support of the ordinance and expressed concern r over the light pollution already beginning in Palm Desert . ' He asked for caution in the preservation of the beautiful desert night skies. C With no further input offered in favor of the ordinance, Mayor Brush asked for input in OPPOSITION to it. MR. JIM INGLE, IMPERIAL SIGN COMPANY, offered opposition to the ordinance stating that it was too restrictive. He read a list of objections and left them for the record (Attach- ment "A" ) . MR. THORAL LAKE, 74-300 Highway 111 , Palm Desert , expressed the objection to the following sections: Ju ' i 22, 1976 Page 3 Section 13-0. 01 Recommended that the 30 days be changed to 90 days or the close of excrow. Also change restriction on sign size. Section 15. 07 Recommended that the 1 ' back from window placement be taken out inas- much as it prohibited fair advertising. MR. GEORGE KRYDER, President of the Palm Desert Retail Mer- chants Association, addressed Council reading his organiza- tion ' s opposition for the record and leaving them for the record (Attachment B) . MRS. EVE OWENBY, 73-251 Joshua Tree, Palm Desert , expressed concurrence and support of all of Mr. Kryder ' s statements. MR. MORRIS REICHLY, 73-305 Royal Palm Drive, Palm Desert , stated that he felt there were inequities in the ordinance that would hurt the small businessman in the community . He noted that although the ordinance was apparently designed to preserve the eliteness of the community, there were people living in homes ranging anywhere from $200, 000 to $21 , 000 and this ordinance would hurt the "little guy" . Council discussion ensued. Councilman McPherson moved and Councilman Mullins seconded to continue the public hearing on the Sign Ordinance to the meeting of September 9, 1976. Motion carried unanimously. Mayor Brush declared the hearing continued to September 9, 1976. C. CASE NO. ZOA 03-76, AMENDMENTS TO THE ZONING ORDINANCE : Public Hearing on Various Amendments to the Zoning Ordinance. Mayor Brush declared the Public Hearing open. Mr. Fleshman outlined the proposed amendments to the Palm Desert Zoning Ordinance for Council . He pointed out that this set of amendments was a result of staff working with the Planning Commission to resolve some of the errors and omissions as well as minor adjustments to the zoning ordinance which was recently adopted. Council discussion followed. Mayor Brush asked for input in FAVOR of the amendments. None was offered. Mayor Brush asked for input in OPPOSITION to the amendments and none was offered. Mayor Brush declared the hearing closed. Councilman McPherson moved to adopt Ordinance No. 128 and pass to second reading. The motion died for lack of a second. Councilman Mullins moved to approve Ordinance No. 128 and pass to second reading with the exception of Conditional Uses on Page 25. 16 (1 ) known as Item 3. Councilman Newbrander seconded the motion. Motion carried unanimously. VIII . RESOLUTIONS A. RESOLUTION NO. 76-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 74-51 , RELATING TO CHARGES FOR FURNISHING COPIES OF PUBLIC RECORDS. Mr. Hurlburt requested that this item be continued to the meeting of August 12, 1976. Council agreed and the item was so continued. July 22, 1976 Page 4 CITY of PALM DESERT 7/19/76 SUPPLEMENTAL STAFF REPORT To: Honorable Mayor and Members of the City Council Report On : Proposed Sign Ordinance Case No. : ZOA 02-76 Additional written comments on the proposed Sign Ordinance have been received and will be responded to at this time. Jim Engle, Imperial Sign Company Comment: Section 25. 38-2.24 - No other city regulates vehicle identification signs. Most signs on vans or trucks average 32 square feet in size. Does this affect vehicles coming from other cities? Response: The intent of the section is to prevent business operators from putting signs on vehicles and parking said vehicles in front of their business to obtain additional sign area. It is used only in conjunction with Section 25.31-11.02 which prohibits signs in the public right-of-way. This pro- vision would not affect vehicles coming from other cities. Other cities review the content of signs on vehicles but not the size. Comment: Section 25.38-3 - No city requires a sign permit to maintain a sign. Response: A permit for maintenance is provided to prevent extending the life of existing non-conforming signs . A permit is required for alteration to/or electrical wort: on a sign. A permit is not necessary to change light bulbs. Section 301 of the Uniform Sign Code states that "No sign shall hereafter- be erected, re-erected, constructed, altered or maintained, except as provided by this code and a permit for the same has been issued by the Building Of- ficial ". Comment: The value of signs requiring approval by the Design Review Board should be raised from $500 to $2,000. Response: The intent of the Ordinance has always been directed toward providing the maximum amount of supervision and control feasible by the City. This par- ticular issue has been discussed in the past when the Design Review Board ordinance was first drafted and later revised. Comment: Fees for sign review are excessive. A $500 sign would end up costing $785 after it was approved. Response: Resolution No. 76-64 establishes fees for Zoning Ordinance cases. Staff re-- view of a sign ranges from $0 (for signs valued less than $100) to $10 (for signs valued between $100-$500) . Signs valued over $500 going to the Design Review Board and Planning Commission for review would be charged $15. The plans needed for planning review are the same as would be needed for the building permit. Since the Design Review Board meets one week before the Planning Commission, the review period usually lasts one week. The Building Department fee for a new sign ranges from $10 for a non-electric sign to $25 for an electric sign. Obviously, larger more expensive and elaborate signs are slightly more as fees are based upon valuation. Comment: Signs should only be installed by persons with a valid State Contractor's License and all signs should be inspected by Underwriters Laboratories. Response : Section 25.38-8 of the Ordinance requires the Council to adopt a set of rules and regulations to guarantee that signs are constructed safely. These regu- lations will be prepared and submitted by the Building Official . -1- Staff Report Proposed Sign Ordinance ZOA 02-76 Jim Engle Imperial Sign Company (continued) Comment: Section 25. 38-13.01 - What is the fee for realty signs. Response: The planning review fee will be either $0 or $10, depending on the sign's valuation. Comment: Section 25.38-14.01 - Resort hotels should be permitted more sign area. Accessory service signs such as "vacancy" or "office" should also be considered. Why is the word "motel " not permitted? Response: This section applies to hotels found within residential zones; there- fore, the sign area for each use should be kept to a minimum. Accessory service signs should be included within the main sign to reduce the im- pact on nearby homes and apartments. The limitation on the word "motel " was previously established in the Zoning Ordinance. Comment: Section 25.38-14.02 - Increase sign area for condominiums , eliminate controls for signs on the interior. Response: Condominium projects are residential . The permanent identification signs mentioned in this section would be supplemented by land sub- division signs. Signs within the project may be controlled as a part of the design review of the overall project. The intent of the Ordi- nance is to provide for signs compatible with the architecture of the buildings. Comment: Section 25.38-14.03 - A church would need more than 20 square feet to advertise the name of the church and the services conducted that day. Response: Signage for uses in residential areas should be kept to a minimum. Information on special services could be presented in a number of al - ternative ways. Comment: Section 25.38-14.04 - Attraction boards for hotels should be at least five (5) square feet. Response: See response on Section 25.38-14.01. Comment: Section 25.38-14.05 - Free-standing signs should be higher than 10 feet. Response: This section applies to signs in residential zones , other than R-1. These residential neighborhoods should not have to suffer from large signs built for commercial uses, such as hotels. Monument-type ground signs , up to ten (10) feet in height are more than adequate to attract the attention of passing motorists. Hotels in commercial zones would be permitted signs subject to the standards of those areas. Comment: Section 25.38-15.04 - Should not have to go through the Design Review Board process or pay a fee. Response: This Ordinance was intended to carefully regulate signage within the City. Review fee would depend on the value of the sign. No fee or review would be required for a small nameplate sign. Comment Section 25.38-15.10 - Attraction boards should allow 25 square feet per face for single or double faced signs. Attraction boards should be able to use maximum signage area not utilized in the main identifi- cation sign. Response: A 30 square foot, double-faced sign would be more equivalent to a 25 square foot signle-faced sign. It would be difficult to transfer sign area from one sign to another, particularly where one sign is permanent and the other only temporary in nature. The maximum allocation of sign area in the Ordinance does not entitle the property owner to its full use. The signage plan for a business should attempt to relate the size of each sign to its particular location and the architecture of the building. Unused sign area would not necessarily be appropriate in other locations. -2- Staff Report Proposed Sign Ordinance ZOA 02-76 Jim Engle, Imperial Sign Company (continued) Comment: Section 25.38-15. 11 - An 8 foot free-standing identification sign is too lore for proper visibility. Palm Springs allows 20 feet. Response: The 8 foot free-standing monument sign in the Ordinance permits a double- faced sign of up 'to 24 square feet. This is not a small si-gn and would be supplemented by a 10 square foot wall sign which would probably be higher than 8 feet. It is -important to evaluate the overall impact of the total sign program for each site. Taken together, the Ordinance pro- vides a more than adequate signage program. The attempt to minimize the height of free-standing signs is closely related to the desire expressed in the General Plan of preserving the views of the. surrounding mountain ranges. In addition, a carefully designed monument sign tends to be more compatible to the architecture of the adjacent structures. Comment: Section 25.38-15.12 - A sign for a shopping center based on a ratio of 5 square feet per acre is -inadequate. The standard should be greater and it should be based on lineal front footage of the property. Response: It has been the policy of the Planning Commission and the City Council to minimize signs advertising the name of a shopping center since it was felt that the structures in the center itself acted as an adequate notice of the center's existence. All property zoned for shopping cen- ters lies adjacent or near to a scenic highway which is another reason for reducing the total signage impact. The Ordinance provides for one (1) such sign for each right-of-way frontage. A center such as Palms- to-Pines could theoretically eventually have five (5) such signs , subject to approval by the Design Review Board and Planning Commission. Comment: Section 25. 38-15. 13 - A "for sale" sign for 2% acres would only be 18" x 24". Response: This section deals with raw or developed property available for sale or rent. The 3 square foot sign allowed by the Ordinance in commercial and industrial areas is similar to that permitted in other zones . Property which has been subdivided and is being sold is permitted an advertising sign of up to 32 square feet. The Ordinance also permits signs advertising lease potential of future commercial or industrial development of up to 12 square feet. Comment: Section 25.38-15. 14 - Window display area for realtor office windows is too small . Response : Many realtors typically cover much of their window space with photos of available properties. The Ordinance still permits a certain amount of window display area, but requires that the materials not be attached to the window surface. This helps to maintain an attractive exterior ap- pearance for the building. Comment-: Section 25. 38-15. 15 - The Ordinance should permit internally-lighted cabinet signs, free-standing signs up to 12 feet in height, and larger "for sale" or "for rent" signs. Response: Mobile home property is residential in nature and should not be given commercial -type sign standards. Comment: Section 25.38-16.01 .- At .least 80% of all signs should be handled at staff level . Response: Most individual sign approvals are handled at the staff level . Often when new buildings are approved, the Design Review Board and Planning Commission establish a sign theme and refer approval of individual signs to the staff, subject to the guidelines approved by the Design Review Board and Planning Commission. This procedure greatly reduces the time needed for review. -3- I Staff Report Proposed Sign Ordinance 70A 02-76 Jim Engle , Imperial Sign.:Company (continued) Comment: Section 25.38-16.06 - Black and white should not be considered as colors. Response: It makes no sense to ignore any color. Comment: Section 25. 38-16.07 - Reducing the size of internally illuminated signs hurts night-time merchants. Response: The Ordinance makes a distinction between method of illumination, not between lighted or unlighted signs. Comment: The amortization period should be determined by the Building Official after the sign owner or sign manufacturer, and should be based on the book value (current market value) of the sign on the effective date of the Ordinance. The amortization period should range from 90 days for signs valued at $100 or less to 10 years for signs valued at $10,000 or more. Response: The use of book value, rather than original value at time of installation, raises several problems. The book value figure is obviously subjective and cannot be easily determined. It would take more time to administer the Ordinance using the book value method. Secondly, the amortization schedule is simply used as a method of classification so that the re- moval deadline for all signs does not fall due on the same day. A valua- tion figure of somekind must be used to give the more expensive signs a greater period of time during which to amortize the value of the existing sign. A longer amortization period does not save anyone any money, it simply delays the date of conversion . The 5-year period has been used in other cities. Comment: No permit fee should be charged to change the face of an existing sign . Response: A new sign face is still a new sign. The planning review fee would pro- bably be $0 (less than $100 valuation) and the building permit would be $10 plus microfilm charges (less than $1) . Actual Cost of a sign of $510.00: Engle Actual Cost of Sign $510 $510 Cost of Design Review Fee $100 $ 15 Cost of Permit $ 25 $ 25 Cost to secure Permit $ 50 $ 0 Art Work-Cost for Extra $100 $ 0 Drawings _ $785 $550 -4- 7/19/76 ^ City of Palm Desert STAFF REPORT To: City Council Report: On : Final EIR for new Palm Desert Sign Ordinance Applicant : City of Palm Desert 1. REQUEST: That the City Council certify that the final Environmental Impact Report on the proposed Sign Ordinance for the City, (Article 25. 38 of the Muni- cipal Code) , as complete. II . STAFF RECOMMENDATION : That the City Council approve Resolution No. 76-89 , certifying as complete the final Environmental Impact Report for the proposed Sign Ordinance , in- cluding all minutes and exhibits attached thereto. Justification is based upon 1. Conformance to requirements of the California Environmental Quality Act and the City Resolution on the implementation of CEQA. 2. The Planning Commission reviewed the EIR and recommended its approval by Planning Commission Resolution No. 152. III . BACKGROUND: While working on the preliminary outlines of the Sign Ordinance , the staff concluded that the potential economic and aesthetic impacts of the new Ordinance warranted preparation of a complete EIR. The procedure in this case is to first prepare a draft of the Environmental Impact Report. This was completed by the staff of the Department of Environ- mental Services by April 8, 1976. This draft report is then circulated to other municipal agencies , public utilities, and interested citizen groups for their review and comment. The following 43 agencies and/or individuals have received copies of the draft F_IR and the proposed Ordinance: 1. Riverside County Air Pollution Control District 2. Coachella Valley County Water District 3. California Department of Transportation 4. Riverside County Planning Commission 5. Riverside County Road Department 6. Palm Desert Post Office 7. Coachella Valley Cable Television 8. Palm Desert Chamber of Commerce 9. Palm Desert Property Owners Association 10. Palm Springs Planning Department 11. Indio Planning Department ' 12. Coachella Valley Association of Governments (CVAG) 13. College of the Desert 11 . Riverside County Sheriff's Office 15. Southern California Gas Company 16. Palm Desert Disposal Services, Inc. -1 Staff Report Final EIR Proposed Sign Ordinance June 29, 1976 II1 . BACKGROUND: (continued) 17. Riverside County Office of Fire Protection and Planning 18. Indian Wells Planning Department 19. Rancho Mirage Planning Department 20. Southern California Edison Company 21. Desert Chapter, Southern California Service Station Association 22. John Dickson 23. General Telephone Company 24. California Parks and Recreation , History Preservation Department 25. Riverside Museum Associates 26. Palm Desert Board of Realtors 27. Palm Desert Branch Library 28. Desert Beautiful , Inc. 29. Imperial Sign Company 30. Mission Neon Sign Company 31. W. G. Rave Designs 32. Chief Sign Crafts 33. League of California Cities 34. Dave Erwin , City Attorney 35. Members of the Chamber of Commerce Ad Hoc Sign Ordinance Review Committee 36. The Desert Sun 37. The Daily News 38. Riverside Enterprise 39. KPSI 40. KREO 41. KWXY 42. KMIR 43. KGUY -2- Staff Report Final EIR Proposed Sign Ordinance June 29, 1976 III . BACRGROUNd: (continued) The final EIR on the Sign Ordinance consists of: 1. the draft EIR 2. the comments on the report received by the City 3. the City's response to these comments 4, the comments received at the Public Hearing. IV. COMMENTS RECEIVED ON THE DRAFT EIR: Only three responses have been received to this date on the EIR. 1. Riverside County Air Pollution Control District The staff received a telephone call from Mr. Warren Stovaugh, Chief Engineer, on April 29, 1976. His verbal comment was that the project would not have any significant impact on the air quality of the re- gion. Response: No response requested or required 2. Riverside County Department of Fire Protection & Planning David J. Ortegel , Fire Protection Officer No comment on draft EIR. Only response concerned a section of the Ordinance which will be addressed in the Ordinance staff report. - Response: No response requested or required. 3. California Department of Transportation Robert F. Pond, Project Studies Co-ordinator The agency had reviewed the draft EIR and had no comments on the proposal . Response : No response requested or required. V.• SUMMARY OF DRAFT EIR: Since the Sign Ordinance is actually a part of the Zoning Ordinance, the Zoning Ordinance EIR was used to provide the basic environmental data and analysis. The Sign Ordinance EIR was written as a supplement to the earlier Zoning Ordinance EIR. The major environmental impacts identified by the EIR on the Sign Ordinance are economic and aesthetic. The chart on Pages 16 and 17 indicates that there are some 250-275 individuals or companies which would have to be contacted be- cause of sign violations. A number of these would require removal of expen- sive roof or free-standing signs. The proposed Ordinance would also eliminate billboards , which provides revenue to property owners and to the City of Palm Desert from business license fees. The EIR points out that the loss of City revenue would amount to only $360 per year and that businesses would have up to five (5) years to amortize the costs of sign replacement. The City would receive a number of benefits if the new Ordinance was implemented. The removal of all roof signs and a substantial reduction in the number of free- standing signs would improve the overall aesthetic appearance of the community and would offer improved vistas of the surrounding mountain ranges. The Ordi- nance would permit faster removal of current non-conforming signs and will tend to reduce the size and number of internally-lit plastic cabinet signs. Several additional costs and benefits are discussed in the EIR. -3- Dr:i)AIM,�FNT cIr f u:r r r;oi cc: no�i ' :�•'•�•. 1 ".. )�q Willi fill: t -." I,,, ,•'('�rl",'T)' .'., j,. CP LIP ui-f NIP C'IVC.IUN Vi 1oleLSl 1ty Wit) L. i _lily: we. no ?." '.lam'-----..__` COUNTY I'IRI" WA1;1)LN NO wrc7 SAN J;.�CH11D 1TUI F1 i// PI:!.I it;. C/.lJ I-URIJIA 91970 •�. 7C1_LI'I'.PNE= 17191 GS7-31 b:9 May 12, 1976 City of Palm Desert" Department: of Environmental Services P.O. Box 1977 Palm Desert, CA 92260 Reference: Proposed Sign Ordinance Gentlemen: We appreciate the opportunity to review the proposed Ordinance and E.I.R. Our only courant is directed at: section 25 . 38-1.3, specifically subsection 13.02 -name plates. We feel that all buildings with emphasis on single family dwellings should have a sign indicating street address . This sign should be readily visible, during day or night, to the operator of any emergency vehicle on the street. We frequently have problems locating addresses in an emergency situation , and signs of this nature would help alleviate the problem. If we can be of any further assistance please contact us. Very truly yours , DAVID T. FLAKE County Fire Warden DC��VT .l. 01 r73GL'L Fire Protection. Planning and Engineering Of:fi.cer DJO:jl , MAY 1 q joy EIQV)R0NMcNTAL s,_MgCES C11Y OF PALIJ DESERT STATI* 01 CAI 11 AND IRANSPONJAI1014 AGENCY' I[IMUND G. GROWN J2., ("""'w DFPA1N`rAJJ-'NT OF TPANSPORTAN11ON IASIRICT F., P.O. BOX 931 W4 BIRWARIA1,10, CAwORNIA 9�./= May 21 1976 Project Review 08-juv--Vi; 1-11-93.)i/96.0; 3,T,8A 0 Environmental Senrl-ces City of Palm Desert )45-275 Prickly Fear Lane Palm Desert, CA 92260 Attention Mr. Paul. A . Williams Dear 14r, Williams. Thank ,you for the opportunity to revi-ev, the proposed sign Ordinance and the Draft EIR on the Sign Ordinance for the City of Palm Desert, Ile have no coimilents on this proposal. Very truly yours3 J. E. PEDDY District Director By Robert F. Pond Project Studies Coordinator (,714) 383-4059 UIAY 2 5 10D6 ENVIRONMENTAL SERVICES CITY OF PALN't DESERT RESOLUTION NO. 76- 89 A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND DETERMINING THAT THE ENVIRONMENTAL IMPACT REPORT ON THE PROPOSED SIGN ORDINANCE BE CERTIFIED AS COMPLETE AND FINAL . WHEREAS , the City Council of the City of Palm Desert, did review the Environmental Impact Report on the proposed Sign Ordinance of the City of Palm Desert, to be known as Article 25.38 of the Palm Desert Muni- cipal Code, at a Public Hearing on July 8, 1.976; and, WHEREAS, said Environmental Impact Report has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 74-14" ; and, WHEREAS, the City Council did take into consideration the comments and the reports of the various reviewing agencies and private citizens. NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this case; 2. That it does hereby certify the Environmental Impact Report as complete and final . PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council held on the 8th day of July, 1976, by the following vote , to wit: AYES : NOES: ABSENT: ABSTAIN : NOEL J . BRUSH , MAYOR ATTEST: HARVEY L . HURLBURT, CITY CLERK City of Palm Desert, California Ak , I'L1tNhl1IIG Cl,—llssloil RESOLUTION N0. a A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY ) 17 PALM DF` dr, CALIFORNIA , SETTING FORIQ ITS FINDINGS AND RECOMMENDING T(1 THE CITY CUUNCII. , THAT, 'III(: FINAL FHVIRON- MENTAL IMPACT REPORT ON THE PROPOSED SIGN ORDINANCE BE CERTIFIED AS COMPL(::TE. WHEREAS , the Planning Commission of the City of Palm Desert , did review the final Environmental impact: Report on the proposed Sign Ordinance of the City of palm Desert, to be known as Article 25. 38 of the Palm Desert Municipal Code, at a Public Hearing on June 1 1976; and, WHEREAS , said final Environmental Impact Report: has complied with the requircments of the "City of Palm Desert Environmental Quality Procedure Reso-- ! lution Number 74 -10" ; and, WHEREAS, the. Planning Commission did take into consideration the conmtent`> and the reports of the various reviewing agencies and private citizens. HOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend to the City Council of the City 0-1 Palm Desert, California, the above described final Environmental Impact Report.be certified as complete. PASSED, APPROVED, AND ADOPTED at a regular meet:ir,g of the Palm Desert Planning Commission held on the 1st day of June, 1970, by the following vote , to twit: AYES: BERKEY, KELLY , MILLS, VAN DE MARK, WILSON NOES: NONE ABSENT: NONE ABSTAIN : NONE S. R01 SLII!0N , CNAIIZIIAN i ATTEST: pn� ILLI(Uis , SECRETARY • '14/76 CITY of PALM DESERT SUPPLEMENTAL STAFF RL"PORT To : Honorable Mayor and Members of the City Council Report On: Proposed Sign Ordinance Case. No. : LOA 02-76 Additional written comments on the proposed Sign Ordinance have been received and will be responded to at this time. Jim Engle, Imperial Sign Company Comment: Section 25.38-2.24 - No other city regulates vehicle identification signs. Most signs on vans or trucks average 32 square feet in size. ' Does this affect vehicles coming from other cities? Response: The intent of -the section is to prevent business operators from put- ting signs on vehicles and parking vehicles in front of their busi- ness to obtain additional sign area. It is used only in conjunction with Section 25.38-11.02 which .prohibits signs in the public right- of-way. This provision would not affect vehicl s coming from other cities. OT��`4 Comment: Section 25.38-3 - No ty requires a sign permit to maintain a sign . Response: A permit for maintenance is provided to prevent extending the life of existing non-conforming signs. A permit is required for alteration to/ or electrical work on a sign. A permit is not necessary to ciange light , bulbs. 301 y U0 � f� 1 Comment: The value of signs requiring approval by the Design Review Board should be raised from $500 to $2 ,000. Response : The intent of the Ordinance has always been directed toward providing the maximum amount of supervision and control feasible by the City. This particular issue has been discussed in the past when the Design Review Board ordinance was first drafted and later revised. Comment: Fees for sign review are excessive. A $510 sign would end up costing $785 after it was approved. Response: Resolution No. 76-64 establishes fees for Zoning Ordinance cases. Staff review of a sign ranges from $0 (for signs Valued less than $100) to $10 (for signs valued between $100-$500) . Signs valued over $500 going to the Design Review Board and Planning Commission for review would be charged $15. The plans needed for planning review are the same as would be needed for the building permit. Since the Design Re- view Board meets one week before the Planning Commission , the review period usually lasts one week. The Building Department fee for a new sign ranges from $10.for a non-electric. sign to $25.00 for an electric s i gn � _a,-=- c ^r-fie r. �[r� a-� y -w Comment: Signs should only be insta led by persons with a valid State Contractor's License and all signs should be inspected by Underwriters Laboratories. Response: Section 25.38-8 of the Ordinance requires the Council to adopt a set of rules and regulations to guarantee that signs are constructed safely. These regulations will be prepared and submitted by the Building Offi- cial . -1- Staff Report Proposed Sign Ordinance 7.OA 02-76 Jim Engle , Imperial Sign Compa2_ (continued) Comment: Section 25. 38713.01 - What is the fee for realty signs. Response: The planning review fee will be either $0 or $10, depending on the sign 's valuation. Comment: Section 25.38-14.01 - Resort hotels should be permitted more sign area. Accessory service signs such as "vacancy" or "office" should also be considered. Why is the word "motel " not permitted? Response: hotels ar k found within ar ad aee t- 4-0-residential .ne_i.ghbor-hoeds, therefore, the sign area for each use should be kept to a minimum. Accessory service signs should be included within the main sign to reduce the impact on nearby homes and apartments. The limitation on the word "motel " was previously established in the Zoning Ordinance. Comment: Section 25.38-14 .02 - Increase sign area for condominiums , eliminate controls for signs on the interior. Response: Condominium projects are. residential . The permanent identification signs mentioned in this section would be supplemented by land sub- division signs. Signs within the project may be controlled as a part of the design review of the overall project. The intent of the Ordi- nance is to provide for signs compatible with the architecture of the buildings. Comment: Section 25.38-14.03 - A church would need more than 20 square feet to advertise the name of the church and the services conducted that day. Response: Signage for uses in residential areas should be kept to a minimum. Information on special services could be presented in a number of al - ternative ways. Comment: Section 25.38-14.04 - Attraction boards for hotels should be at least five (5) square feet. Response: See response on Section 25.38-14.01. Comment : Section 25..38-14.05 - Free-standing signs should be .higher than 10 feet. Response: This section applies to signs in residential zones , other than R-1. These residential neighborhoods should not have to suffer from large signs built for commercial uses, such as hotels. Monument-type ground signs, up to ten ( 10) feet in height are more than adequate to attract the attention of passing motorists. Hotels in commercial zones would be permitted signs subject to the standards of those areas. Comment: Section 25.38-15.04 - Should not have to go through the Design Review Board process or pay a fee. Response: This Ordinance was intended to carefully regulate signage within the City. Review fee would depend on the value of the sign. No fee or review would be required for a small nameplate sign. Comment: Section 25.38-15.10 - Attraction boards should allow 25 square feet per face for single or double faced signs. Attraction boards should be able to use maximum signage area not utilized in the main identifi- cation sign. Response: A 30 square foot, double-faced sign would be more equivalent to a 25 square foot signle-faced sign. It would be difficult to transfer sign area from one sign to another, particularly where one sign is permanent and the other only temporary in nature. The maximum allocation of sign area in the Ordinance does not entitle the property owner to its full use. The signage plan for a business should attempt to relate the size of each sign to its particular location and the architecture of the building. Unused sign area would not necessarily be appropriate in other locations. -2- Staff Report Proposed Sign Ordinance ZOA 02-76 Jim Engle, Imperial Sign C.om an_ (continued) Comment: Section 25.38-15. 11 - An 8 foot free-standing identification sign is too low for proper visibility. Palm Springs allows 20 feet. Response: The 8 foot free-standing monument sign in the Ordinance permits a double- faced sign of up to 24 square feet. This is not a small si.gn and would be supplemented by a 10 square foot wail sign which would probably be higher than 8 feet. It is important to evaluate the overall impact of the total sign program for each site. Taken together, the Ordinance pro- vides a more than adequate signage program. The attempt to minimize the height of free-standing signs is closely related to the desire expressed in the General Plan of preserving the views of the surrounding mountain ranges. In addition, a carefully designed monument sign tends to be more compatible to the architecture of the adjacent structures. Comment : Section 25.38-15. 12 - A sign for a shopping center based on a ratio of 5 square feet per acre is inadequate. The standard should be greater and it should be based on lineal front footage of the property. Response: It has been the policy of the Planning Commission and the City Council to minimize signs advertising the name of a shopping center since it was felt that the structures in the center itself acted as an adequate notice of the center's existence. All property zoned for shopping cen- ters lies adjacent or near to a scenic highway which is another reason for reducing the total signage impact. The Ordinance provides for one (1) such sign for each right-of-way frontage. A .center such as Palms- to-Pines could theoretically eventually have five (5) such signs , subject to approval by the Design Review Board and Planning Commission. Comment: Section 25.38-15. 13 - A "for sale" sign for 22 acres would only be 18" x 24". Response: This section deals with raw or developed property available for sale or .rent. The 3 square foot sign allowed by the Ordinance in commercial and industrial areas is similar to -that permitted in other zones . Property which has been subdivided and is being sold is permitted an advertising sign of up to 32 square feet. The Ordinance also permits signs advertising lease potential of future commercial or industrial development of up to 12 square feet. Comment: Section 25.38-15.14 - Window display area for realtor office windows is too small . Response : Many realtors typically cover much of their window space with photos of available properties. The Ordinance still permits a certain amount of window display area, but requires that the materials not be attached to the window surface. This helps to maintain an attractive exterior ap- pearance for the building. Comment: Section 25.38-15. 15 - The Ordinance should permit internally-lighted cabinet signs, free-standing signs up to 12 feet in height, and larger "for, sale" or "for rent" signs. Response: Mobile home property is residential in nature and should not be given commercial -type sign standards. Comment: Section 25. 38-16.01 - At least 80% of all signs should be handled at staff level . Response: Most individual sign approvals are handled at the staff level . Often when new buildings are approved, the Design Review Board and Planning Commission establish a sign theme and refer approval of individual signs to the staff, subject to the guidelines approved by the Design Review Board and Planning Commission. This procedure greatly reduces the time needed for review. -3- Staff Report Proposed Sign Ordinance ZOA 02-76 Jim Engle, Imperial Sign Company (continued) Comment: Section 25.38-16.06 - Black and white should not be considered as colors. Response: It makes no sense to ignore any color ev Comment: Section 25. 38-16.07 - Reducing the size of internally illuminated signs hurts night-time merchants. Response: The Ordinance makes a distinction between method of illumination, not between lighted or unlighted signs. Comment: The amortization period should be determined by the Building Official after the sign owner or sign manufacturer, and should be based on the book value (current market value) of the sign on the effective date of the Ordinance. The amortization period should range from 90 days for signs valued at $100 or less to 10 years for signs valued at $10,000 or more. Response: The use of book value, rather than original value at time of installation, raises several problems. The book value figure is obviously subjective and cannot be easily determined. It would take more time to administer the Ordinance using the book value method. Secondly, the amortization schedule is simply used as a method of classification so that the re- moval deadline for all signs does not fall due on the same day. A valua- tion figure of somekind must be used to give the more expensive signs a greater period of time during which to amortize the value of the existing sign. A longer amortization period does not save anyone any money, it simply delays the date of conversion. The 5-year period has been used in other cities. Comment: No permit fee should be charged to change the face of an existing sign. Response: A new sign face is still a new sign. The planning review fee would pro- bably be $0 (less than $100 valuation) and the building permit would be $10 plus microfilm charges (less than $1) . � SS" b -4- 25. 38-'/. 23ICE r,'JS-ATJQN SIGNS : A - No other Cit} equines thin type of cone B - 6 sq.ft.-2'x3' = Most •signs on Vans and larger delivery trucks cover an average of 32 sq.ft, or 4x8. C - Vehicles coming from other cities ; how does this ordinance effect them? 25.38-3 SIGN PERMIT PR(7CEDVRE' A - Maintenance (this includes cleaning, re-painting and repairing any electrical lighting components or structural repairs. No city requii. a Sian Permit to MAINTAIN an existing sign. only a valid city licensc This type of a permit is not practical, -example : (Most cities want the existing signs cleaned up). B '- This ordinance requires a Design Review for every sign (All types ) valued over $500.00' A realistic figure would be $2000.00. An avert sign (with the exception of smaller painted signs) sells for $150b.0( to $2500.00. Palm Springs does not require design review for anything 30 sq.ft. ai under. Indio does not require a special design review, they do it aT staff level. the County does not require a design review. Rancho Mirage is the same as Palm Springs C - Fee : No city charges a design review fee except Palm Desert. This fee should be part of the city function, we pay taxes for this type of service. Example : To Purchase a sign for gI'V.00, please check the followii Cost of Sign $510.00 nr Cost of D.R. Fee 100.00 (Approx. ) Cost of Permit 25.00 Cost to secure Permit 50.00 (Art Work) Cost for extra Drawing for D.R. 100.00 (Approx, cost of Small Painted, $785.00 Electric or Hand Crafted Sign) Page 2 C (continued) This would be plus State Sales Tax and not to mention the loss of valuable time. Design Review on an average takes approx. 3 weeks. Special Note WHAT IF IT HAPPENS-THE DESIGN DOES NOT PASS??? 25. 38-8 SAFE SIGN: A - Before ordinance is passed it should state what "SAFE SIGNS" are. Sign Company 1. A valid State Contractors License. It of 2 . A valid City License. 3. All electrical signs should be inspected by Underwriters Laboratories and this number_ should appear with each sign permit. These are requirements by other cities - Protects the people of the community - 4. Should include - Electrical & Non-electrical Signs. -- /A11 other cities •require this -- 25.38-13,01 REALTY SIGNS A - How much for this fee : This should be spelled out before ord. is passed 1. Indian Wells charges $25.00 2 . Palm Springs charges 2. .00 25.38-14 01 SIGN AREA - HOTELS & APART7197NTS A - Basic Allowable sign area should be at least 20 sq.ft. plus 1 additiai; sq.ft. for each unit. With a max. of 100 sq.ft. in area - Any Resort Hotel should be allowed more - This is how the Palm Springs Ord. readsa B - Accessory Service Signs - Should be allowed - Such as VACANCY - OFFICE - THERAPY POOL and at a minimum of 5 sq.ft. C - The word MOTEL is not permitted in this ord. - WHY??? Page 3 45.38-14,02 SIGNS AREA - CONDOMINIUMS A - Sign Area - Minimum of 20 sq.ft. not 10. And an additional 1 sq. ft. for every additional 5 units , not 10. B - No ordinance can legally control signs within a private complex such as a condominium Project. . 25.38-14.03 SIGN AREA - OTIII:R NON-RESIDE dT I, USES /+.LIOWED A - Tlie proposed 20 sq.ft. is again a min. and not hardly enough for i EXAMPLE: The Palm Desert Community Presbyterian Church Dr. Miller Pastor There should also be space for other information such as special services. Recommend at least 40 sq.ft. 25.38-14.04 ATTRACTION BOARDS FOR HOTELS B - This ord. states 5 sq.ft. as the allowed size for .Attraction Board. How can the words Continental Breakfast - Therapy Pools - fit in a 5 sq.ft.- area - Impossible. We recommend at least l0 sq.ft. 25.38-14. 05 FREE STANDING SIGNS A - This ord. states 10' in height. 1. Example - If a sign measuring 4'x5e is 10' high - the bottom of the sign will only 1>e 6 ' above grad. - 2. Most 10' high signs will be blocked by vehicles and shubbery. 3. To compain with Palm .Springs Ord. •- they allow 12 ' for small businesses and 20' for large Resort Hotels , 25.38-15.04 SECOND STORY BUSINESS A '- Should not have to go through the Design Review Process - Again no fee should be required. ,5.38-15, lO �SE OF TRACTIO9 _BOARDS B T CLOTS AND C9LB RETS A. - The 25 sq.ft. should be .allowed for the single faced signs & the double faced signs. II Should be able to borrow sq.footage from the main I.D. sign to increase area of reader board. This inturn will of course decrease the area of the I.D. Sign. 25.38-1.5. 11 GASOLINE & SERVICE STATION SIGNS 1. Again 8' in height is too low for proper visibility and safety. Palm,Springs allows 20' for Service Station Signs. 25.38-15. 12 Signs Shopping Centers 1. 5 sq.ft. per acre is most certainly impossible. It should be based on the lineal front footage of the property. BUT NOT PER ACRE. MkMPLE: Palms to Pines Shopping (Safeway) Center is Approx. 5 acres this would only allow a sign of 25 sq.ft. or approx. a 3'x8' sign. ?? 25 38-15 13 SALE AND RENTAL SIGNS A - Real Estate "people should go over this -- A 1811x24" FOR SALE SIGN for 22 Acres???? 25 38-15. 14 INTERIOR REALTOR SIGNS This governs how and what size display' s you may have in a window to advertise property for sale - Max. size 181lx2411, one ft. back from window ( inside). Can Real Estate People Live with This??? 2.5,38-15. 15 SIGNS IN RM ZONES - Sign Area 1. Why Shadow lighted or unlighted signs -- This ord. does not allow Interior lighted signs - WHY???? 2. Again Free Standing Signs like this should be at least 12' high. 3. Sales & Rental Signs 9 Again only allowing one 18"x24" sign. 1 _ a . i ,5=38-16 01 GENERAL PR0VIS1Ota 1. Again not necessary to haven each G9an go through Design Review Board* The Planning Dept. at Staff level should be able to handle 80% of the signs without going through the Design Review Board. 25t38-16 06 COLOR O S7— Black and [white should not be considered as colors. 25238-16.07 INTERN T, _ irl Nl+_31ON - S 7T' =TjgZTM This definitely hurts the nigtlt-time merchants. 25 38-18,04 RFY1OV6L AL0- AMORTIZ( ION PERXOD Our proposal for an Amortization Schedule. To be determined by the building official after consultation with the sign owner and/or sign manufacturer. Value shall be the book value of the sign as it exists on the effective date of the Ordinance. Value of Sian Period for Removal 100.00 or less 90 days 100.01 - 200.00 6 months 200.01 - 400.00 1 year 400.01 - 650.00 2 years 650.01 - 1000.00 3 years 1000.01 - 1500.00 4 years 1500.01 - 2500.00 5 year's 2500.01 - 5000.00 7 years 5000.01 - 7500.00 8 years 7500.01 - 10,000.00 9 years 10,000.00 - or more 10 years OTHER SUGGES11ONS : Should be- no permit fee necessary to change a sign face. Most cities review at staff level and approve. As long as there is no structural changes. For further information please feel free to call me at any time at: . IMPERIAL SIGN COMPANY, INC.,347-35669 THANK YOU, Jim Engle. REMEMBER THE NEXT HEARING or READING WILL BE ON JULY 22nd , PALM DESEt COUNCIL CHAMBERS AT 7 :00 P.M. 7/1./76 /1 City of Palm Desert "l STAFF REPORT To: Honorable Mayor and Members of the Cii:y Council Report On : Proposed Sign. Ordinance/Amendment of Zoning Ordinance Applicant: City of Palm Desert c I . REQUEST: That the City Council amend Article 25.38 of the Zoning Ordinance and adopt a new Sign Ordinance for the City of Palm Desert. II . STAFF RECOMMENDATION: That the City Council approve Ordinance 129 adopting a new Sign Ordinance for the City of Palm Desert, Article 25. 38 of the Palm Desert Municipal Code, and pass to second reading. Justification is based upon : 1. The project does conform to the adopted General Plan and the goals, objectives, and policies established therein. 2. The project is designed to ensure the protection of the public health, safety, and general welfare. 3. The Planning Commission has reviewed and recommended the document. III . BACKGROUND: The first: draft of the proposed Sign Ordinance was prepared in January, 1975 - 18 months ago. The preliminary draft was changed a number of times as additional information was received. The staff contacted the following cities and/or organizations for data on sign ordinances : 1. The City of Costa Mesa 2. The City of Newport Beach 3. The City of Palm Springs 4. The City of San Diego . 5. The City of Santa Barbara 6. The City of Ventura 7. League of California Cities 8. International City_ Managers' Association 9. Sign Users Council of California A revised draft was then presented to the Ad Hoc Sign Ordinance Committee from the Chamber of Commerce for their input and comment. The Ad Hoc Sign Committee, composed of Herb Powers, Ted Smith , Joe Benes, Lyman Martin, Graham Dexter, Al Stutz, and Elmer Huling met with the staff eight times from October 8, 1975 to December 12, 1975 to study and make changes in the Ordinance. The draft that resulted from these meetings was then sent to the Planning Commission for a series of study sessions in which the public was invited to attend. -1- 1 Stai'f Report: Proposed Sign Ordinance/Amendment of Zoning Ordinance July 1, 1976 1II . BACKGROUND: (.continued) The Ordinance that is now being submitted as the Public Hearing draft has gone through an exhaustive, 18 month study period and contains the commmcnts of a great number of individuals and agencies. Thr comments received on the Public Hearing draft will be addressed in tKis report. IV. COMMENTS RECEIVED ON THE PUBLIC HEARING DRAFT: The following have submitted written comments pertaining to the Sign Ordinance: 1. William G. Rave, Rave Designs 2. Southern California Edison Company 3. Riverside County Department of Fire Protection 4. Southern California Gas Company 1. William G. Rave, Rave Designs Section Commcnt Response High cost of pre- Many cities and other organizations paration for new ordi- were consulted in the preparation nance; many model of this Ordinance. No model ordi -- ordinances are nance can ever be used verbatim available because each city has different conditions. 25. 38-2. 12 "shadow lighted" is 25.38-2. 12 Externally Lighted Signs contradictory term A sign whose immediate source of illumination is not enclosed by the surface of the sign sturcture. 25. 38-2. 13 Internal 1 LLighted Signs 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) candle power per square foot measured at ten ( 10) feet from the sign. 25.38-2. 13 Use "3 sq. ft. '' instead Intent was to prevent signs such of .l ' x 3' ; more flexible as 6" x 6' and to make sign com- patible with residential neighbor- hood. 25.38-2.18 Change definition of Change to: A sign affixed on , roof sign to include above, or over the roof of any "above roof line or building, or any sign affixed parapet", to the wall of a building so that it projects above the cave line of a roof. The top of the parapet . Wall shall be considered the cave line. The lowest point of a mansard 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. -2- Skiff Report Proposed Sign Ordinance/Amendment of Zoning Ordinance MIT, 1976 IV. COMMENTS RECEIVEp. Ol PUREPC IIEAUNGIDRAFT: (continued) Section Comment Response 25. 38-2.20 Top of eave or bottom See definition of roof sign. of eave? Isn't parapet better? 25. 302.21 Eliminate display windows Signs attached to display windows from wall area . are signs nevertheless . Merchan- dise on display covered by Sections 25. 38-15.06/15.07. 25. 38-2.23 What about Greyhound Enforcement for out-of-town buses and Dayflower vehicles obviously impractical . moving vans? 11ovever, this would enable the City to prevent local businessmen from using parked vehicles in front of store as more advertising. 25.38-3.01 Why charge people to pay There is no photo file on new for sign plans when the buildings. Staff does not require City already has a photo a "professional " set of plans ; only file? ones that are legible and explain the intent of the applicant. Files are available for use by the public to help them draw plans. More than one ( 1) set of plans is needed and photographs are hard to photocopy. 25. 38-4.03 Flat? Change to flag. 25. 38-7 Does Ordinance No. 24 Written notice by certified mail . include due process of notification? 25.38-13.02 One sq. ft. maximum One sq. ft. has 144 sq. inches, name plate sign is un- which should be more than enough , fair to people with long regardless of the nano. names. Why not allow 4 sq. in. per letter? 25.38-14.01 Why restrict "motel "? Deletion of the word "motel" was It is an accepted ab- approved when the Zoning Ordinance breviation of motor was first adopted. This section hotel . simply conforms to the previously made decision. 25.38-14.04B Why not allow the name Advertising the name of the hotel (b) and (c) of the hotel in 3" is provided for in other sections. letters? -3- • � . Si,afeport ` Propof seRd Sign Ordinance/Amendment of Zoning Ordinance July 1, 1976 IV. C,ObMENTS RECEIVED ON PUBLIC HEARIN_GTRAFT_: (continued) Section Comment Response 25. 38-14 .04D 'Change 38" r, 24" to See response for 25.38-2. 13 3 square feat . 25. 38-14.06 . 25% entitlement for This refers to hotels in double frontage lots residential zones , where signage may be too small in should be minimized. some cases 25. 38-15.02B Doesn' t this conflict This section refers to double with 25. 38-14.06? frontage lots in commercial areas and so the entitlement has been increased. 25.38-15.03A What is the eavelinc? See definition for roof sign. 25. 3805.07 Why not 3 sq. ft. instead See response for 25. 38-2. 13 of 18" x 24"? 25.38-15. 11( 1) 8 ft. height limit would Most service station signs are penalize stations on the recognized by their general color north side of Highway 111. pattern. An 8 ft. high sign would be clearly visible even from the east-bound lanes of Highway 111. 25. 38-15. 14 3 sq. ft. in a 20 lineal Section clearly reads that the in- foot window is ridicu- tent is to only allow that additiona lous. advertising "deemed conservatively necessary and proper" 25.38-16.02(5) Could create visual Criterion recognizes the fact that boredom; harmony to one standard could not possibly one is discord to reflect all circumstances. Intent another. is to eliminate extremes. 25.38-16.07/16.08 If glare is the problem, Size reduction for internally why reduce size? illuminated signs was intended as an inducement to use carved wood or metal signs rather than the plastic cabinet type. •25.38-17.07 Spelling error. Change to "quasi " . .2. Southern California Edison Company 25. 38-11.02 Add telephone poles. Change to: "Signs on public property, in the public right-of way, or on public utility poles shall be . . . " 25.38-16. 15 Requirements of Add: 25.38-16. 15 Overhead Electric General Order 95, Conductors - No sign or sign struc- Electrical Safety ture sTiall be erected in such a Orders, California manner that any portion of its Division of Industrial surface or supports shall be within Relations six (6) feet horizontally of, or twelve ( 12) feet vertically of, overhead electric conductors which are energized in excess of 750 volts. Staff, Report: Proposed Sign Ordinance/Amendment of Zoning Ordinance July 1, 1976 IV. COMM[ A RECEIVED ON PU131.1C HEARING DRAFT: (continued) Section Comment Response 25.38-17.06(5) Add "affixed to". Change to: (5) Such signs shall not be nailed to .i:rees , fence posts , or affixed to public utility poles and shall not be located in the public right-of way. 3. Riverside County Department of fire Protection 25. 38-13 We feel that all buildings The Department of Building and with emphasis on single Safety enforces several pro- family dwellings should visions of the Uniform Building have a sign indicating Code which require an outside street address. This light adjacent to eact exterior sign should be readily doorway and clearly legible visible, during day or house numbers. No single-family night, to the operator residence is presently certified of any emergency vehicle for occupancy without these on the street. We often features. have problems locating addresses in an emergency situation and signs of this nature would help alleviate the problem. 4. Southern California Gas Company 25.38-16. 12 Please include temporary Change to: Nothing contained signs used to control herein shall prevent .the erection , traffic or signs used construction , or maintenance of to alert contractors official traffic, fire and police excavating near our signs , temporary traffic control major facilities. signs used during construction r and maintenance of utility facilities and substructures 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 notices required by law. The staff has amended the Sign Ordinance incorporating the appropriate changes and attached same, labeled Exhibit "A". Additional changes resulting from public comment received at the meeting shall be attached thereto as Exhibit 0". _5_ ORDINANCE NO. 129 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ARTICLE 25.38, CHAPTER 26 OF THE PALM DESERT MUNICIPAL CODE , KNOWN AS THE SIGN ORDJNANCE. The. City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1: Ordinance No. .99, Section 25.38, is hereby amended to read as is more specifically stated in Exhibit "A" attached hereto and made a part hereof. SECTION 2: 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 this 8th day of July, 1976, by the following vote: AYES: NOES: ABSENT: ABSTAIN: NOEL J . BRUSH , MAYOR ATTEST: HARVEY L. HURLBURT , CITY CLERK CITY OF PALM DESERT, CALIFORNIA 6/29/76 City of Palm Desert STAFF REPORT To: City Council Report On : Final EIR for new Palm Desert Sign Ordinance Applicant: City of Palm Desert I. REQUEST: That the City Council certify that the final Environmental Impact Report on the proposed Sign Ordinance for the City, (Article 25. 38 of the Muni- cipal Code) , as complete. II. STAFF RECOMMENDATION : That the City Council approve Resolution No. 76-89 , certifying as complete �l , the final Environmental Impact port for the proposed Sign Ordinances Justification is based upon : 1. Conformance to requirements of the California Environmental Quality Act and the City Resolution on the implementation of CEQA. 2. The Planning Commission reviewed the EIR and recommended its approval by Planning Commission Resolution No. 152. III . BACKGROUND: While working on the preliminary outlines of the Sign Ordinance, the staff concluded that the potential economic and aesthetic impacts of the new Ordinance warranted preparation of a complete EIR. The procedure in this case is to first prepare a draft of the Environmental Impact Report. This was completed by the. staff of the Department of Environ- mental Services by April 8, 1976. This draft report is then circulated to other municipal agencies , public utilities, and interested citizen groups for their review and comment. The following 43 agencies and/or individuals have received copies of the draft EIR and the proposed Ordinance: 1. Riverside County Air Pollution Control District 2. Coachella Valley County Water District 3. California Department of Transportation 4. Riverside County Planning Commission 5. Riverside County Road Department 6. Palm Desert Post Office 7. Coachella Valley Cable Television 8. Palm Desert Chamber of Commerce 9. Palm Desert Property Owners Association 10. Palm Springs Planning Departmmnt 11. Indio Planning Department 12. Coachella Valley Association of Governments (CVAG) 13. College of the Desert 14. Riverside County Sheriff's Office 15. Southern California Gas Company 16. Palm Desert Disposal Services, Inc. -1- Staff Report Final EIR Proposed Sign Ordinance June 29, 1976 III . BACKGROUND: (continued) 17. Riverside County Office of Fire Protection and Planning 18. Indian Wells Planning Department 19. Rancho Mirage Planning Department 20. Southern California Edison Company 21. Desert Chapter, Southern California Service Station Association 22. John Dickson 23. General Telephone Company 24. California Parks and Recreation , History Preservation Department 25. Riverside Museum Associates 26. Palm Desert Board of Realtors 27. Palm Desert Branch Library 28. Desert Beautiful , Inc. 29. Imperial Sign Company 30. Mission Neon Sign Company 31. W. G. Rave Designs 32. Chief Sign Crafts 33. League of California Cities. 34. Dave Erwin , City Attorney 35. Members of the Chamber of Commerce Ad Hoc Sign Ordinance Review Committee 36. The Desert Sun 37. The Daily News 38. Riverside Enterprise 39. KPSI 40. KREO 41. KWXY 42. KMIR 43. KGUY -2- Staff Report Final EIR Proposed Sign Ordinance June 29, 1976 III. BACKGROUND: (continued) The final EIR on the Sign Ordinance consists of: 1. the draft EIR 2. the comments on the report received by the City 3. the City's response to these comments 4. the comments received at the Public Hearing. IV. COMMENTS RECEIVED ON THE DRAFT EIR: Only three responses have been received to this date on the EIR. 1. Riverside County Air Pollution Control District The staff received .a telephone call from Mr. Warren Stovaugh , Chief Engineer, on April 29, 1976. His verbal comment was that the project would not have any significant impact on the air quality of the re- gion. Response: No response requested or required 2. Riverside County Department of Fire Protection & Planning David J. Ortegel , Fire Protection Officer No comment on 'draft EIR. Only response concerned a section of the Ordinance which will be addressed in the Ordinance staff report. Response: No response requested or required. 3. California Department of Transportation Robert F. Pond, Project Studies Co-ordinator The agency had reviewed the draft EIR and had no comments on the proposal . Response: No response requested or required. V. SUMMARY OF DRAFT EIR: Since the Sign Ordinance is actually a part of the Zoning Ordinance, the Zoning Ordinance EIR was used to provide the basic environmental data and analysis. The Sign Ordinance EIR was written as a supplement to the earlier Zoning Ordinance EIR. The major environmental impacts identified by the EIR on the Sign Ordinance are economic and aesthetic. The chart on Pages 16 and 17 indicates that there are some 250-275 individuals or companies which would have to be contacted be- cause of sign violations. A number of these would require removal of expen- sive roof or free-standing signs. The proposed Ordinance would also eliminate billboards, which provides revenue to property owners and to the City of Palm Desert from business license fees. The EIR points out that the loss of City revenue would amount to only $360 per year and that businesses would have up to five (5) years to amortize the costs of sign replacement. The City would receive a number of benefits if the new Ordinance was implemented. The removal of all roof signs and a substantial reduction in the number of free- standing signs would improve the overall aesthetic appearance of the community and would offer improved vistas of the surrounding mountain ranges. The Ordi. nance would permit faster removal of current non-conforming signs and will tend to reduce the size and number of internally-lit plastic. cabinet signs. Several additional costs and benefits are discussed in the EIR. -3- 1 I: ,.. . .. . .._, .� . DEPART r. ,:'r or nii !i_ rrori-CCIUN IIJ COUf'I-H/. I ION :(IT II c:owuurtmA rmmwoN or ronr_:.ruY . \:t _ _c-1!!1'1:lfSllii; p/,VID I_.. ( LAI:;: COUNTY FIM' WARDEN No 'wr5l SAN J%•CHno pnrE I ..•`�s .__ _S , PIe RI:1 S, CAI..IPURNIA 97370 t--::.�•' lLl_LI'N O!d I: 1'],.'I LS751Isi May 12, 1976 City of Palm Desert: Department of Environmental Services P.O. Box 1977 Palm Desert, CA 92260 Reference: Proposed Sign Ordinance Gentlemen: We appreciate the opportunity to review the proposed Ordinance and E.I.r,. Our only comment is directed at section 25. 38-13, specifically subsection 13.02 -name plates. We feel that all buildings with eu,phasis on single family dwellings should have a sign indicating street address . This sign should be readily visible, during day or night, to the operator of any emergency vehicle on the street. We frequently have problems locating addresses in an emergency situation , and signs of this nature would help alleviate the problem. If we can be of any further assistance please contact- us. Very truly yours, DAVID L. FJJilCE County Fire Warden eLD ✓ .l. OR'L FL Fire Protection Planning and Engineering Officer DJO:j 1 RR AMY z 11197G ENVIRONMENTAL SERVICES CITY OF PALIA DESERT 51/,IF OF CAHFORNIA—ROSINSS AND TP.ANSf'ORIA11014 AGENCY MMUND G. BROWN JR., I'[11/0ZTMEN1 OF TPANISPORFATION IASTkICT 8, P.O. BOY 231 SA14 URN/0ZD1140, CMjrcmiqu, 92403 May 21, 1976 Projoot Revicl", 08-)Uv--'I)I ; 1.11-93.)-i/96 .o; 37.8/110.7 Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Attention Mr. Paul A.. Williams Dear Mr. Williams: Thank you for the opportunity to review the proposed sign Ordinance and the Draft EIR on the Sign Ordinance for the City of Palm Desert, We have no comments on this proposal. Very truly yours, J. E. PEDDY District Director '�� �By Robert F. Pond Project Studies Coordinator (7121) 383-4059 CEO D MAY 2 5 INN ENVIRONMENTAL SERVICES CITY OF PALIA DESERT RESOLUTION NO. 76-89 A RESOLUTION OF TIME CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND DETERMINING THAT THE ENVIRONMENTAL IMPACT REPORT ON THE PROPOSED SIGN ORDINANCE BE CERTIFIED AS COMPLETE AND FINAL. WHEREAS, the City Council of the City of Palm Desert, did review the Environmental Impact Report on the proposed Sign Ordinance of the City of Palm Desert, to be known as Article 25. 38 of the Palm Desert Muni - cipal Code , at a Public Hearing on July 8, 1976; and, WHEREAS, said Environmental Impact Report has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 74-14" ; and, WHEREAS, the City Council did take into consideration the comments and the reports of the various reviewing agencies and private citizens. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this case; 2. That it does hereby certify the Environmental Impact Report as complete and final . PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council held on the 8th day of July, 1976, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : NOEL J. BRUSH , MAYOR ATTEST: HARVEY L . HURLBURT, CITY CLERK City of Palm Desert, California -1- PLANNING C. ISSION IESULUTION NO. 152 :r A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESET4 CALIFORNIA, SETTING FORM ITS fIIVDIIIGS AND :..i` RECOMMENDING TO THE CITY COIfVCII_ , THAT THE FINAL ENVIROU R MENTAL IMPACT REPORT ON TIE PR SIGN ORDINANCE hE CERTIFIED AS COMPLETE, WHEREAS, the Planning Commission of the City of Palm Desert , did review' the final Environmental Impact: Report on 'the- prop.osed Sign Ordinance of the City of Palm Desert, to be known as Article 25. 38 of the Palm Desert Municipal Code, at a Public Nearing on Junc 1> 1976; and, WHEREAS , said final Environmental Impact Report has comPlied with the requirements of the "City of Palm Desert E:nvironmein'Lill Quality Procedure ReSO- lution Number 74•-14" ; and, WHEREAS. the Planning Commission did take into consideration the conmants and the reports of the various reviewing agencies and private citizens. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California , as follows : 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; ' 2. That it does hereby recommend to the City Council of the City of the above described final Environmental Impact Report Palm Desert, California , ` I be certified as complete. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert Planning Commission held on the 1st day of June, 1976, by the following vote , to wit: AYES: BERKEY , KELLY , HILLS, VAN DE MARK, WILSON NOES: NONE ABSENT: NONE " ABSTAIN: NONE S. R0-Y NILSOil , CHAIRI,IA---N ATTEST: PAU A. WILLIA1dS, SECRL'TARY -1- PROOF OF PUBLI.__fION This sr,----is for the County Clerk's Filing Stamp (2015.5 G.C.P.) STATE OF CALIFORMAi ss. County c 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 _L�qa�__Notice------ ------____________________________.__ 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 ------------------------------------------------------- said newspaper and not in any supplement thereof on Paste clipping the following dates to-wit: of NoticeSECURELY In This Space LEGAL NOTICE Tr OF PACM DESE T 6�24 Pit ORDIN DSCIGN v . at Public Hearing_wit.beheld bo fore$thetpal eser itv Council♦to dar/i posed!'neIgNlOrdin nce which will becooiiFheeZSArticle _____.____________________-____—__-___ _____-___ 25-3a of.thv Palm serf Munl .-. _ ________________ 'cipal Code. AID Public earm t,1Ve hpeldd�I nIYeurr�ISCou 11 yChamy 6er5}� 45-1277o P-rlck lI ea ne�q Pa Imp Desert! llfornia7at' I certify (or declare) under penalty or perjury that the which tlme.and place?all lnter� tend andrbe h are nvited o af- foregoing is True and correct. PAuvA.wILCIAM Dn a, Deepartmentbt Environ tal Hi 1 �___ -------------- Signature Date-----—------5_12-4-------—--------------— — — 1976 at Palm Desert, California PROOF OF PUBLICATION PROOF OF PUBLIC_ _.ION This sp, s for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIA? 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- Legal Notice lation, published weekly, in Palm Desert, County of — ------------------------ `---------------- ---- -- — -- 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 — --- —----- said newspaper and not in,any supplement thereof on Paste clipping the following dates to-wit: of Notice SECURELY In This Space LEGAL NOTICE CITY OF•PALM DESERT FINAL�ENVIRONMENTAL 6/2 4 IMPACT-- ON PROPOSED NEW S. ORDINANCE Notice. hereby 9 th }.. Public TatPalg will be r.1 fore;ihetPa l m=Deser„ttC i t Counclnmirtal Impact atlnal Environmental Impaci,Report ._______________________________________—_—_____________—_ (E IR1Eforlfh pr ed Me ria Sign,OrtlI wh ch:willp corneArtic all Palm Desert Municipal held nPubif Baring .. - held lD.P uW earii%197ng.w I :OD p.m. mtthe cll Chambers', I certify (or declare) under penalty or perjury that the In the Palm t�C1 �F1all. P tY Pe I Y 45- 75�P...1 IIIeV'��¢Peal lane P a i mfDesep9lCa I i forn i s foregoing is true and correct. whichtlme end Place Hinter ested persons'areinvlted to tendandbeheard ... P,JJJJJJ W I LL'I AMs Director Enviranmemal rPv c I Signature Date-----6�2 4 ---- — --—— 197 fi_ at Palm Desert, California i PROOF OF PUBLICATION 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 Date: June 22, 1976 LEGAL NOTICE CITY of PALM DESERT PROPOSED SIGN ORDINANCE NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider the pro- posed new Sign Ordinance which will become Article 25.38 of the Palm Desert Municipal Code. SAID Public Hearing will be held on July 8, 1976, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place, all interested persons are in- vited to attend and be heard. , PAUL A. WILLIAMS, DIRECTOR Department of Environmental Services Publish: Palm Desert Post - June 24, 1976 J r l 1 h ARTICLE 25.58 ZONING ORDINANCE PALM DESERT ADOPTED BY PLANNING COMMISSION RESOLUTION NUMBERj5q� Revised ,6/9/76r �y 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 June u e 3, 1976 Kermit Martin City/Area Manager Southern California Edison Company P.O. Box 203 Palm Desert, CA 92260 Dear Mr. Martin: I wish to thank you for your letter regarding the proposed Sign Ordinance for the City of Palm Desert. The Commission as a part of their public hearing on the Sign Ordinance did forward recommended revisions to the Council as a part of their Resolution which resulted from your letter. Qncerely, r PAUL A. WILLIAMS Secretary of the Planning Commission City of Palm Desert PAW/lsb m 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 June 3, 1976 David J. Ortegal Department of Fire Protection County of Riverside P.O. Box 248 Perris, CA 92370 Subject: Input on the proposed City Sign Ordinance Dear Dave: I wish to thank you for your letter on the proposed Sign Ordinance for the City of Palm Desert. In review of your comments the Commission felt that the street address concern is adequately addressed through the provisions of the building codes of the City, therefore elected not to make any revisions to the Sign Ordinance at this time. I personally want to thank you for taking the time to respond to this matter. Sincerely, \\ PAUL A. WILLIAMS Director of Environmental Services PAW/lsb 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 June 3, 1976 Paul Welden Technical Supervisor Southern California Gas Company P.O. Box 2200 Riverside, CA 92506 Dear Mr. Welden: I wish to thank you for your input on the proposed Sign Ordinance for the City of Palm Desert. The Planning Commission in their review of the Ordinance did forward recommendations for revisions to the City Council that resulted from your letter. ery truly yours, PAUL A. WILLIAMS Secretary to the Planning Commission City of Palm Desert PAW/lsb `3 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 June 3, 1976 William George Rave Rave Designs 73-026 San Nicholas Palm Desert, CA 92260 Subject: Response to Mr. Rave's comments on the proposed City Sign Ordinance Dear Mr. Rave: The Planning Commission at their scheduled public hearing on the Sign Ordinance did review your comments relative to the Ordinance. As a part of their action forwarding the Sign Ordinance to the City Council they did include a number of revisions that were based upon your input to the hearing. I wish to thank you for taking the time to review the Ordinance and to provide the Commission with your feelings relative to the Ordinance S'nce rely, PAUL A. WILLIAMS Secretary of the Planning Commission City of Palm Desert PAW/lsb PLANNING COMMISSION RCSOLUTION NO. .152 - r k A RESOLUTION OF THE PLANNING COMMISSi.ON OF TIIF_ CITY OF + PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL, THAT THE FINAL ENVIRON- MENTAL IMPACT REPORT ON THE PROPOSL SIGN ORDINANCE BE CERTIFIED AS COMPLETE . WHEREAS, the Planning Commission of the City of Palm Desert, did review the final Environmental Impact Report on the proposed Sign Ordinance of the City of Palm Desert , to be known as Article 25.38 of the Palm Desert Municipal Code, at a Public Hearing on June 1, 1976; and, WHEREAS, said final Environmental Impact Report has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Reso- lution Number 74-7.4" ; and, WHEREAS , the Planning Commission did take into consideration the comments and the reports of the various reviewing agencies and private citizens. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California , as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend to the City Council of the City of Palm Desert, California , the above described final Environmental Impact Report be certified as complete. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert Planning Commission held on the 1st day of June, 1976, by the following vote , to wit: AYES: BERKEY , KELLY , MILLS, VAN DE MARK, I4ILSON NOES: NONE ABSENT: NONE ABSTAIN : NONE S. ROY WILSON , CHAIRMAN 1 ' ATTEST. PAU A. WILLIAP1S, SECRETARY -1- r City of Palm Desert STAFF REPORT To: Planning Commission Report On: Proposed Sign Ordinance/Amendment of Zoning Ordinance Applicant: City of Palm Desert I. REQUEST: That the Planning Commission amend Article 25.38 of the Zoning Ordinance and adopt a new Sign Ordinance for the City of Palm Desert. II . STAFF RECOMMENDATION: That the Planning Commission approve Resolution No. 153, recommending to the City Council adoption of a new Sign Ordinance for the City of Palm Desert, Article 25.38 of the Municipal Code. Justification is based upon: 1. The project does conform to the adopted General Plan and the goals , objectives , and policies established therein. 2. The project is designed to ensure the protection of the public health , safety, and general welfare. III . BACKGROUND: The first draft of the proposed Sign Ordinance was prepared in January, 1975 - 16 months ago. The preliminary draft was changed a number of times as additional information was received. The staff contacted the following for data on sign ordinances : 1. The City of Costa Mesa 2. The City of Newport Beach 3. The City of Palm Springs 4. The City of San Diego 5. The City of Santa Barbara 6. The City of Ventura 7. League of California Cities 8. International City Managers ' Association 9. Sign Users Council of California A revised draft was then presented to the Ad Hoc Sign Ordinance Committee from the Chamber of Commerce for their input and comment. The Ad Hoc Sign Committee, composed of Herb Powers , Ted Smith, Joe Benes, Lyman Martin , Graham Dexter, Al Stutz, and Elmer Huling, met with the staff eight (8) times from October 8, 1975 to December 12, 1975 to study and make changes in the Ordinance. The draft that resulted from these meetings was then sent to the Planning Commission for a series of study sessions in which the public was invited to attend. _1_ 5/28/76 Staff Report Proposed Sign Ordinance/Amendment of Zoning Ordinance May 28, 1976 III . BACKGROUND: (continued) The Ordinance that is now being submitted as the Public Hearing draft has gone through an exhaustive, 16 month study period and contains the comments of a great number of individuals and agencies. The comments received on the Public Hearing draft will be addressed in this report. IV. , COMMENTS RECEIVED ON THE PUBLIC HEARING DRAFT: The following have submitted written comments pertaining to the Sign Ordinance: 1. William G. Rave, Rave Designs 2. Southern California Edison Company 3. Riverside County Department of Fire Protection 4. Southern California Gas Company 1. William G. Rave, Rave Designs Section Comment Response N.A. High cost of pre- Many cities and other organizations paration for new ordi- were consulted in the preparation nance; many model of this Ordinance. No model ordi- ordinances are nance can ever be used verbatim available because each city has different conditions. 25. 38-2. 12 "shadow lighted" is 25.38-2.12 Externally Lighted Signs contradictory term A sign whose immediate source of illumination is not enclosed by the surface of the sign sturcture. 25.38-2. 13 Internally Lighted Signs A sign whose immediat sg e source of illumination is completely enclosed by the surface of the sign structure and whose maximum light output shall not exceed ten ( 10) candle power per square foot measured at ten ( 10) feet from the sign. 25.38-2.13 Use "3 sq. ft." instead Intent was to prevent signs such of 1 ' x 3' ; more flexible as 6" x 6' and to make sign com- patible with residential neighbor- hood. 25.38-2. 18 Change definition of Change to: A sign affixed on, roof sign to include above, or over the roof of any "above roof line or building, or any sign affixed parapet". to the wall of a building so that it projects above the eave line of a roof. The top of the 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. -2- Staff Report Proposed Sign Ordinance/Amendment of Zoning Ordinance May 28, 1976 IV. COMMENTS RECEIVED ON PUBLIC HEARING DRAFT: (continued) Section Comment Response 25. 38-2.20 Top of eave or bottom See definition of roof sign. of eave? Isn't parapet better? 25.38-2.21 Eliminate display windows Signs attached to display windows from wall area. are signs nevertheless. Merchan- dise on display covered by Sections 25. 38-15.06/15.07. 25.38-2.23 What about Greyhound Enforcement for out-of-town buses and Mayflower vehicles obviously impractical . moving vans? However, this would enable the City to prevent local businessmen from using parked vehicles in front of store as more advertising. 25.38-3.01 Why charge people to pay There is no photo file on new for sign plans when the buildings. Staff does not require City already has a photo a "professional " set of plans; only file? ones that are legible and explain the intent of the applicant. Files are available for use by the public to help them draw plans. More than one (1) set of plans is needed and photographs are hard to photocopy. 25. 38-4.03 Flat? Change to flag. 25. 38-7 Does Ordinance No. 24 Written notice by certified mail . include due process of notification? 25.38-13.02 One sq. ft. maximum One sq. ft. has 144 sq. inches, name plate sign is un- which should be more than enough, fair to people with long regardless of the name. names. Why not allow 4 sq. in. per letter? 25.38-14.01 Why restrict "motel "? Deletion of the word "motel" was It is an accepted ab- approved when the Zoning Ordinance breviation of motor was first adopted. This section hotel . simply conforms to the previously made decision. 25. 38-14.04E Why not allow the name Advertising the name of the hotel (b) and (c) of the hotel in 3" is provided for in other sections. letters? -3- Staff Report Proposed Sign Ordinance/Amendment of Zoning Ordinance May 28, 1976 IV. COMMENTS RECEIVED ON PUBLIC HEARING DRAFT: (continued) Section Comment Response 25. 38-14.04D Change 18" x 24" to See response for 25.38-2. 13 3 square feet. 25.38-14.06 25% entitlement for This refers to hotels in double frontage lots residential zones , where signage may be too small in should be minimized. some cases 25. 38-15.02E Doesn ' t this conflict This section refers to double with 25.38-14.06? frontage lots in commercial areas and so the entitlement has been increased. 25.38-15.03A What is the eaveline? See definition for roof sign. 25.38-15.07 Why not 3 sq. ft. instead See response for 25.38-2. 13 of 18" x 24"? 25.38-15. 11(1) 8 ft. height limit would Most service station signs are penalize stations on the recognized by their general color north side of Highway 111. pattern. An 8 ft. high sign would be clearly visible even from the east-bound lanes of Highway 111. 25. 38-15. 14 3 sq. ft. in a 20 lineal Section clearly reads that the in- foot window is ridicu- tent is to only allow that additional lous. advertising "deemed conservatively necessary and proper". 25.38-16.02(5) Could create visual Criterion recognizes the fact that boredom; harmony to one standard could not possibly one is discord to reflect all circumstances. Intent another. is to eliminate extremes. 25.38-16.07/16.08 If glare is the problem, Size reduction for internally why reduce size? illuminated signs was intended as an inducement to use carved wood or metal signs rather than the plastic cabinet type. 25.38-17.07 Spelling error. Change to "quasi" . 2. Southern California Edison Company 25. 38-11.02 Add telephone poles. Change to: Signs on public property, in the public right-of way, or on public utility poles shall be 25.38-16. 15 Requirements of Add: 25.38-16.15 Overhead Electric General Order 95, Conductors - No sign or sign struc- Electrical Safety lure shall be erected in such a Orders, California manner that any portion of its Division of Industrial surface or supports shall be within Relations six (6) feet horizontally of, or twelve (12) feet vertically of, overhead electric conductors which are energized in excess of 750 volts. -4- Staff Report Proposed Sign Ordinance/Amendment of Zoning Ordinance May 28, 1976 IV. COMMENTS RECEIVED ON PUBLIC HEARING DRAFT: (continued) Section Comment Response 25.38-17.06(5) Add "affixed to". Change to: (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. 3. Riverside County Department of Fire Protection 25. 38-13 We feel that all buildings The Department of Building and with emphasis on single Safety enforces several pro- family dwellings should visions of the Uniform Building have a sign indicating Code which require an outside street address. This light adjacent to eact exterior sign should be readily doorway and clearly legible visible, during day or house numbers. No single-family night, to the operator residence is presently certified of any emergency vehicle for occupancy without these on the street. We often features. have problems locating addresses in an emergency situation and signs of this nature would help alleviate the problem. 4. Southern California Gas Company 25.38-16. 12 Please include temporary Change to: Nothing contained signs used to control herein shall prevent the erection, traffic or signs used construction, or maintenance of to alert contractors official traffic, fire and police excavating near our signs, temporary traffic control major facilities. signs used during construction and maintenance of utility facilities and substructures 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 notices required by law. The staff attached a complete list of changes to the Sign. Ordinance Resolution, labeled Exhibit "B". Additional changes resulting from public comment received at the meeting shall be attached thereto. -5- . � 45-275 PRICKLY PEAR LANE, PAL"A DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE June 2, 1976 APPLICANT City of Palm Desert P. 0. Box 1977 Palm Desert, California 92260 CASE NO. Sign Ordinance The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of June 1, 1976 CONTINUED TO DENIED Xx APPROVED BY PLANNING COMMISSION RESOLUTION No. 153 PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert , within .fifteen (15) days of the date of the decision. PAUL A. WILLIAMS , Secretary Palm Desert Planning Commission Applicant County Road Department CVCWD INTEROFFICE MEMORANDUM City of Palm Dcsert TO: City Manager FROM: Director of Environmental Services SUBJECT: Use of a Senior Citizen CETA Position DATE: May 28, 1976 for the Sign Inventory Program I. INTRODUCTION: As a follow up to the meeting we had on Monday relative to the CETA program, I thought it appropriate to put in writing the program we discussed which should be done by a senior citizen under the CETA program. The program dis- cussed was the Sign Inventory Program which would result from the possible adoption of the Sign Ordinance. II . PROGRAM: The following is the program as I envision it that could be done by a senior citizen on the basis of 20 hours per week for 4 months: 1. Development of a comprehensive list of all signs and their owners which do not conform to the proposed Sign Ordinance. 2. Review of the County Building Records as to those signs which were installed by permit. 3. Establishment of the value of the signs from the permits available from the County of Riverside. 4. Development of individual letters for each non-conforming sign .which was installed under permit. Notifying the owner of the value of the sign and the amortization period specified by the proposed Sign Ordinance. Said letter would also include a description of the Amortization Ad Hoc Committee and the rights of the sign owner to appeal the proposed amortization period. 5. Development of a list of non-conforming signs which were installed without a permit and the development of a letter requiring their removal upon the adoption of the Sign Ordinance. 6. Co-ordination of the establishment of the Amortization Ad Hoc Committee in terms of development of procedures in co-ordination with the City Attorney of a Committee for presentation to the City Council for their approval . III. SUMMARY: I believe in the time alloted for a CETA position , the person employed would only be able to do the preliminary analysis and get everything prepared for the present staff to initiate the actual program and to follow through on the establishment of the Amortization Committee. I would envision that the present staff would have to assume the follow-through on the program beginning in Sep- City Manager Page Two May 28, 1976 III . SUMMARY: (continued) tember and that the Amortization Committee would begin operation in September. I would envision the Committee meeting on Monday nights on an "on-call " basis, 10 days before the regularly scheduled Council meetings of the month so that any recommendations on appeals could be heard at the next Council meeting. As the program develops further, the precise committee process can be more firmly established. PLANNING COMMISSION RESOLUTION NO. 153 I 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 AN AMEND- MENT TO THE PALM DESERT ZONING ORDINANCE ESTABLISHING A NEW SIGN ORDINANCE FOR THE CITY OF PALM DESERT. CASE NO. SIGN ORDINANCE WHEREAS, the Planning Commission of the City of Palm Desert, California , did receive a verified application from the City of Palm Desert requesting ap- proval of an amendment to Article 25.38 of the Palm Desert Zoning Ordinance for the City of Palm Desert establishing a new Sign Ordinance for the City of Palm Desert; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 74-14", in that a final Environmental Impact Report was filed and discussed at a duly noticed Public Hearing held by the Planning Commission on June 1, 1976, and had been recommended to the City Council for certification; and, WHEREAS, the Planning Commission did take into consideration the reports of the City staff, local residents, and the various reviewing agencies ; and, WHEREAS, the Planning Commission did find that the subject amendment does comply with the adopted General Plan of the City of Palm Desert. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby approve Article 25.38 of the Palm Desert Municipal Code to be known as the Palm Desert Sign Ordinance as attached hereto as Exhibit "A", subject to the revisions specified in the attachment labeled Exhibit "B". _ 3. That it does hereby recommend to the City Council the adoption of , Article 25.38, as amended, as the City's Sign Ordinance. s j f -1- RESG_, i ION 140. 153 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert Planning Commission held on the 1st day of June, 1976, by the following vote, to wit: AYES: BERKEY, KELLY, MILLS, VAN DE MARK, 14ILSON NOES: NONE ABSENT: NONE ABSTAIN: NONE S. ROY WILSON , CHAIRMAN ATTEST: ©�`�� P UL A. IdILLIAMS, SECRETARY 1 t f i f -2- 1 PALM DESERT SIGN ORDINANCE PLANNING COMMISSION EXHIBIT'B Adopted : June 1, 1976 Resolution No. 153 oIGN ORDINANCE REVISIONS Section Line Amendment 'Table/Contents 1 Add : 25. 38-16. 15 Overhead Electric Conductors ./25. 38-2 . 09 1 Insert : Externally Lighted Sign A sign whose immediate source of illumination is not enclosed by the surface of / the sign structure. 25. 38-2. 09" // 1 Change to : 25. 38-2. 10 Freestanding Sign 25. 38. 2. 10✓ 1 Change to : 25. 38. 2 . 11 Height of a Sign 25. 38. 2. 111 / 1 Change to : 25 . 38-2. 12 Identification Sign 25. 38-2. 12 ✓ 1 Change to : 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) candle power per square foot measured at ten (10) feet from the sign. 25. 38-2. 13/ 1 Change to : 25. 38-2 . 14 Name Plate 1 25. 38-2. 14 ✓ 1 Change to : 25. 38-2. 15 Outdoor Advertising Structure or Sign 25. 38-2. 15 / 1 Change to: 25. 38-2. 16 Price Sign 25. 38-2. 16 f 1 Change to : 25. 38-2. 17 Projecting Sign 25. 38-2. 17 / 1 Change to : 25. 38-2. 18 Real Estate Sign 25. 38-2. 18 1 Change to : 25. 38-2. 19 Roof gn signlaffixed on , above , or over the roof of any building, or any sign affixed to the wall of a building so that it pro- jects 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 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 . 19 ✓ 1 Change to : 25. 38-2 . 20 Sign Face 25. 38-2. 20 1 Change to: 25. 38-2 . 21 wall Sign 25. 38-2. 21,,`� 1 Change to : 25. 38-2 . 22 Face or wall of. Building 25. 38-2. 22 ✓ 1 Change to : 25. 38-2. 23 Political Signs 25. 38-2. 23 ✓ 1 Change to : 25 . 38-2 . 24 Vehicle Identification Signs 25. 38-4. 03 2 Change to : (1) ' Emblems or Flags. . . 25 . 38-11 . 02 2 Change to: Signs on public property, in the public right-of-way, or on public utility poles shall be prohibited. . . ' 25. 38-14 . 03L/ 2 Change to : One (1) externally lighted. . . 25. 38-14 . 03 /-/ 7 Change to : One (1) externally lighted. . . 25. 38-16. 12✓ 2-3 Change to : Nothing contained herein shall prevent the erection, construction, or main- tenance of official traffic, fire , and police signs, temporary traffic 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 . . . ' Si.gL, Ordinance Revis is Page 2 ,,,._ ` Section Line Amendment 25. 38-16. 15 / 1 Add: 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 horizontally of , or twelve (12) feet vertically of , overhead electric conductors which are energized in excess of 750 volts. 25. 38-17 . 06(5) / 1 Change to : Such signs shall not be nailed to trees, fence posts , or affixed to / public utility poles. . . 25. 38-17. 07 J 1-2. Change to : quasi-public t -yr PROOF OF PUBLIC_ _i ION This sl. 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- Legal Notice lation, published weekly, in Palm Desert, County of ---- _ - -- ------- ------------ ----'----- ------ 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 said newspaper and not in any supplement thereof on Paste clipping the following dates to-wit: of Notice SKURELY In This Space LEGAL NOTICE CI7Y of PALM DESERT 5 20/76 PROPOSEDSIGN ORDINANC --------- Noiice•{s hereby given..hat. publl¢hearIng wlll.be held be- fore 1he:Palm Desert Plannfnq Comm I ssion Sto>kcwslder�}he proposed ne dvertising eg Ulefi0n5]forlihe Clfyto Palm Desert,, Articl 5f38 oT he ___________. Municipal Code SAI D:•publi he r n I be held on lUnealla79761�a1 00 DD m In ihe:Counoil;Chambers ]I n�lhe tPa l m rDesert�C I N iiH a l 1, 45-27Prickly Pea r*L�a Palm DesertI �aliffoo��nia t I certify (or declare) under penalty or perjury that the vmtcn ttme}apS I,ce1 1 o. P tY Pe I Y terested persons area nvit o attend and be heard foregoing is true and correct. Psecrefaxw1 6 A P.D.iPlannln Commission f >' Signature Date_5/20----------------------------------------------— 1976- at Palm Desert, California PROOF OF PUBLICATION • MINUTES OF THE PLANNING COMMISSION DISCUSSION ON THE SIGN ORDINANCE MINUTES PLAHNIHG COMMISSION MEETING -2- FEBRUARY 17, 1976 MARJORIE E_GAN, 73-465 Grapevine, Palm Desert, California , sup- ported the concept of holding a public hearing for a tentative 'hap since this would enable local residents to provide the maxi- mum amount of input to the Planning Conmission and the City Council . Chairman Seidler felt that Section 26.6-3 - Aqreement and Se_- curi Instruments and Section 26. 6-4 - Deeds and Easements should be cherl;ed out and possibly be deleted as these sections seemed redundant. Chairman Seidler asked staff to check with the cities of Palm . Springs, Rancho Mirage, and Indian Wells in reference to Sec- tion 26.9-1.2. 01 - Prooqress Payments to ascertain if this par- ticular section is common practice. He asked that staff ad- vise of their findings at the next meeting of the Planning Commission on March 3, 1976. Chairman Seidler asked staff to research Section 26-10 - Parcel Map Procedure to see if it is required by the flap Act and advise the Commission of the findings at the meeting of March 3; IN. After discussing Article 26. 13 - Land Division Design Standards, Chairman Seidler felt that it mould be beneficial if staff were to obtain a relief map of the Palm Desert area so that developers could more easily visualize the topography problems of the hill - side areas. At this time, Commissioner Mullins moved, Commissioner Berkey seconded the motion to continue the discussion of the Subdivision Or dinance' to the next Planning Commission study session prior to the March 3, 1976, meeting. Motion unanimously carried. B. CONTINUED CASE - NEW GRADING ORDINANCE Consideration of a new Grading Ordinance for the City of Palm Desert. Commissioner Van de Mark made a motion to continue this discussion to the March 3, 1976, meeting. There was no second to the motion. Mr. Williams explained the basics of the new Grading Ordinance and stated that staff felt it was essential to review this type of or- dinance with the Planning Commission for their input even though - it was a very technical document. He further stated that staff had reviewed and revised the proposed ordinance many times. A discussion between the commissioners and the staff ensued with reference to the various sections of the Grading Ordinance and whether grading permits should be required for minor grading pro- jects. Commissioner Berkey moved, Commissioner Mullins seconded the motion to continue further discussion of the Grading Ordinance to the March 3, 1976, meeting. Motion carried unanimously. The Commission adjourned at 8:55 p.m. for a brief recess. VI OLD BUSINESS A. Study session on the preliminary draft of the Sign Ordinance. Chairman Seidler began the discussion with Section 25.38-1 - Intent and Pur ose. MI III UTES PLANNING COMMISSION MEETING -3- FEBRUARY 17, 1976 Mr. Williams explained the major issues that were expressed in this document and pointed out the similarity to the City of Palm'Springs' sign ordinance." According to Mr. Williams , one of the major issues expressed in this document is that signs should be directed towards the main street and not directed to- wards adjacent properties. Another major issue of this ordi - nance is the distinction that signs in residential areas should be more restricted. There was a lengthy discussion concerning the size of signs. Mr. Williams compared the difference between signs on Highway Ill . with those on El Pasco. Several photos were shown to the Com- mission illustrating the visual effect of different sign size allocation formulae. tk Chairman Seidler suggested that the commissioners arrange for a special meeting in order to go out and view for themselves the different signs in the City. This special meeting should be prior to the approval of the sign ordinance. VIII . NEW BUSINESS - None IX. DESIGN REVIEW BOARD ITEMS A. Minutes' of the February 10, 1976, Design Review Board meeting. The commission reviewed the minutes of the above meeting. X. ORAL COM!4UNICATIONS - None XI. COMMENTS S Chairman Seidler commented that the City was attempting to make the ordinances discussed at tonight' s meeting very fair and easy to understand. XI1 . ADJOURNMENT Commissioner Van de Marl: moved, Chairman Seidler seconded the motion to adjourn the meeting. Motion carried unanimously and the meeting was adjourned at 10:50 p.m. ZU �ILLIAAiS, Secretary ATTEST: WII_LIAM R. SEIDLER, Chairman hA NUTES PLANNING COMMISSION MEETING MARCH 16, 1976 APPROVAL OF MINUTES, Continued "Mr. Williams explained that an entrance only on the , Portola Avenue side of the project could require a different design for the parking lot. " "Commissioner Berkey made a motion to approve Planning Commission Resolution No. 124, subject to the ten (10) Conditions of Approval , which were amended to provide for an entrance only on Portola Avenue, and an entrance and an exit on Shadow Mountain Drive. Commissioner Mullins seconded the motion. Notion carried unanimously. Reference Page #5, Paragraph #2 (Continued Case No. Subdi- vision Ordinance) , Chairman Wilson asked that the last word on the second line be changed to read one as opposed to two. At the end of Page 0, after S. Roy Wilson, Vice Chairman should be changed to read Chairman, Commissioner Berkey made a motion to approve the minutes of the March 3, 1976, meeting as amended: Chairman Wilson seconded the motion. Motion carried unanimously. VI. WRITTEN COINIMUNICATIONS - None VII. PUBLIC HEARINGS - None VIII. OLD BUSINESS A. Joint Study Session between the Planning Commission and the Chamber of Commerce Sign Committee to disucss signage philosophy. Chairman Wilson welcomed Elmer Huling and Herb Powers , two members of the Chamber of Commerce Sign Committee. Chairman Wilson further commented that the Planning Commission was impressed and pleased with the quality of work and the amount of time the Sign Committee spent on the ideas for the Sign Ordinance. Paul Williams stated that the other members of the Committee were not present due to illness and/or being out of town; but that he had spoken with several of them and they were in agreement with the proposed changes, additions, and deletions. . Mr. Williams also stated that rather than attempting to describe the document, since everyone was familiar with it, the Commission should begin their discussion. Mr. Williams pointed out that two of the major items to be discussed should be Section 25. 38- 15.08 (Sale Sign) and Section 25.38-18.05 (Removal & Amortization Period). Chairman Wilson asked for comments and/or objections to the changes as provided on the list submitted to the Commission by Mr. Williams. There was a lengthy discussion reference the above with the changes being as follows: MINUTES PALL DESERT PLANNING COMMISSION MARCH 16, 1976 V1II . OLD BUSINESS, continued Section 25. 38-1 Intent and Purl:,ose Second sentence should be reworded as follows: "This article is also intended to provide for a more orderly presentation of advertising displays. . . Section 25. 38-2.01 Sign Change the word advertising on the third line to read identification. Section 25.38-2. 04 Area of Sign Add - Area of Sign shall be at beginning Add a period after is placed. Delete - ropy sided that Section 25. 38-2. 20 Wall Sign Replace not exceeding above the roof line with not extendinq above the eaveline. Section 25.38-5 Abatement of Illegal Sign Everyone agreed that even though this section was redundant, it should be left in the Sign Ordinance for clarification purposes. Section 25.38-13.01 Realty Signs After a lengthy discussion, it was decided to leave this section as it was originally written. Nr. Pourers felt that if the Board of Realtors was aware of this section of the ordinance, they would more than likely act as a self- enforcing unit. Section 25.38-13. 03 Open House Sign Delete not to exceed three (3) days during any seven day period and. T Section 25. 38-13.04 Signs for Special Events Delete for a maximum of two (2) calendar days per week with not more than 1 time per calendar year. Sections 25.38-14.01 (Sign Area -Hotels & Apartments) and 25. 38-14.07 (Sale and Rental signs These sections were discussed and it was a general agreement to leave these sections in the draft ordinance as written. Section 25.38-15.08 Sale Signs This section was rewritten as follow: . . .a sale sign shall be allowed as long as it is not attached to the window. Section 25.38-15.11 Gasoline Service Stations Revise Subsection (1) to One double-faced free standing monument si n not to exceed twenty-four (NT�_�are feet iii�iea of eight 8 feet in hei_Cht and advertising oil y the name of the company. MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 1976 VIII . OLD BUSJNESS;° continued Section 25. 38-16.02 Sign R view Criteria Replace be submit to with to utilize. Section 25. 38-16.06 Color of Signs Change the title to read: Number of Colors Allowed Add complimentary after the word four (4) in the first sentence. Section 25. 38-16. 11 Maximum Sign Area Limitation Replace allowed to advertise the use being made to needed to identify the use. Section 25.38-17.03 Land Subdivision Signs Commissioner Berkey feels this section should be restricted to one off-site sign only. Chairman Wilson asked for a rewrite of this section to be submitted again for approval . Section 25.38-18. 03 Interference with Enforcement This entire section to be deleted as it is specified elsewhere in other ordinances. Section 25.38-18. 05 Removal & Amortization Period This section was revised as follows: Add iii the first paragraph after the word herein the following: 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) 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 2.5.38-21 are met and no other sections are violated. Section 25.38-18.06 Schedule I Herb Powers also recommended a second schedule for sign removal pertaining to the changing of the word "motel " to "hotel ". After some discussion, a period of three years was generally agreed upon. Section 25. 38-18.07 Ad Hoc Sign Amortization Committee Item B under Membership was recommended to be changed to "two" from any of the following fields of endeavor, but limited to one person per field. Item B6 - Reword the last sentence to read: However, no extended amortization period shall exceed for more than one year or double the original allotted time, whichever is greater. Item N7 - Change fifteen (15) days to thirty 30) days. Sectton"25. 38-22 Separability This entire section to be deleted as it is covered elsewhere in the Zoning Ordinance. i�IWl1TE5 PALM DESERT PLANNING COMMISSION MARCH 16, 1976 VIII. OLD BUSINESS, continued Chairman Wilson asked for one final study session on the Sign Ordinance before it goes to Public Bearing. B. Continued Discussion on Hillside Development Guidelines , to establish developmentt of standards tooFM-i-de devcFo­pntent in the City of Palm Desert. Paul Williams explained that at the last Study Session, the Commission recommended several changes in the draft resolution. This document is the product of that discussion. The Commission discussed changes under Density Policies relating to the calculation of developable area and they were unable to decide the enact intent of the wording "should be excluded" versus "shall be excluded". MY. Williams explained the purpose for this wording and how it would aid in the implementation of the standards and the Commission agreed to leave the document as written. There being no further comments, Commissioner Van de Mari: moved to adopt Planning Commission Resolution No. 128 as prepared. Commissioner Berkey seconded the motion. Motion unanimously carried. There was a brief recess at 9:20 p.m. The meeting resumed at 9:30 p.m. IX. NEW BUSINESS - None X. DESIGN REVIEW BOARD ITEMS A. Review of recommendations. of the Design Review Board meeting of March 9, 1976. Case No. 27C-holler's Garden Center was reviewed by staff with the commission and approved. Case No. IOC-Bernie Leung for Roy Carver was reviewed by staff with the commission. The commission decided to call this item up for the next Planning Commission meeting of March 30, 1976, due to the vast disagreement on this case reference the number of colors used on the sign for the Desert Indian Shop. Case No. 11C-Affiliated Construction was reviewed with the Commission and approved. Case No. 2MF-Affiliated Construction was also reviewed with the Commission and approved. Commissioner Van de Mark moved that Planning Commission Resolution No. 129, approving of the Design Review Board Action of March 9, 1976, be approved, with the exception of the above case(#IOC) which was called up before the Commission. Commissioner Berkey seconded the motion. . Motion carried unanimously. XI. ORAL COMMUNICATIONS - None XII. COMMENTS - None MINUTES PLANNING COMMISSION MEETING APRIL 13, 1976 B. DISCUSSION OF PROPOSED SIGN ORDINANCE Review of recommended changes in the draft ordinance as developed by the Joint Study Session of March 16, 1976. Paul Williams briefly reviewed the changes that had been made at the last Study Session and Chairman Wilson noted some minor corrections to the document as follows: Under the Table of Contents: The Title of Article 25. 38-16. 06 is to be changed to read: Number of Colors Allowed. The above-mentioned change is also to be noted on Page 25. 38 (1.5) . Under Section 25. 38-17. 03 - Land Subdivision Signs: The word No is to be deleted and the word such is to be capitalized. Under Section 25. 38-18. 04 - Removal and Amortization Period : Delete 25.38-21 from the right hand margin. On Page 25.38 (21) the last section of the ordinance is to be renumbered as 25.38-22. Commissioner Berkey moved and Commissioner Van de Mark seconded a motion to direct staff to set the Sign Ordinance for a Public Bearing I n June 1, 1976. Motion carried unanimously. VIII. NEW BUSINESS A. Request by Mr. and Mrs. Henry Tagle for a municipal abandonment of a portion of the west side of De Anza Way between Alessandro Drive and North Palm Desert Drive. Steve Fleshman presented the staff report on the above request to the Commission. This included the background of said request and a dis- cussion of same. He further stated that staff recommended that the Planning Commission adopt Resolution Number 140, reporting to the City Council that the aforementioned request conforms to the General Plan. Commissioner Van de Marl, moved to adopt Planning Commission Resolution Number 140. Commissioner Kelly seconded the motion. Motion carried unanimously. IX. DESIGN REVIE14 BOARD ITEMS - None X. ORAL COMMUNICATIONS - None XI. COMMENTS A. City Staff III INUTF'S I'I_ANNlHG COHMISSIUN HEETING JUKE 1, 1976 __---------� V1 . PUBLIC HEARINGS (continued) 1). PUBLIC, HEARING ON SECTION 2.5. 33 OF THE PALM DESERT Z01dING ORDINANCE , �!1 l:HO_7PS TM ]GN _01 011 ANCE FOR THE C111Y OF IMM DESERT. �- Mr. lilliams reviewed the request that the Planning Commission amend Article 25. 38 of the Zoning Ordinance and adopt a new Sign Ordinance for the City of Palm Desert. He brought out the fact that this docu- ment was originally started in January of 1975. The preliminary draft was changed a number of times 'as additional data became available. Mr. Williams further stated that comments had been received pertaining to the Sign Ordinance. These written comments were from William G. Rave/Rave Designs , Southern California Edison Company, Southern California Gas Company, and Riverside County Department of Fire Protection. Mr. Williams justified staff's reconinendation to approve Planning Com- mission Resolution No. 153 based upon the following justifications : 1. The project does conform to the adopted General Plan and the goals , objectives , and policies established therein. 2. The project is designed to ensure the protection of the public health , safety, and general welfare. Mr. Williams further stated that the Sign Ordinance had a number of changes which were needed, but that these changes consisted mainly of re-numbering of sections of the Ordinance. At this time , Chairman Wilson closed the Public Hearing as there was no one present who wished to speak to the Commission either in favor of or opposed to the Sign Ordinance. Being no questions of staff, . Commissioner Berkey made a motion to adopt Planning Commission Resolution No. 153; recommending to the City Council adoption of the new Sign Ordinance for the City of Palm Desert, (Article 25.38 of the Municipal Code) . Commissioner Van de Mark seconded the motion. Motion carried unanimously. Commissioner Kelly commented to Mr. Williams that she thought a letter of appreciation should be sent to those persons or agencies who had taken the time to express their comments. She also felt that a letter of appreciation should be sent to the members of the Ad Hoc Sign Ordinance Committee. The Commission agreed with Commissioner`Kelly' s suggestion. VII . OLD f�W INESS - None VIII. NEW BUSINESS A. REQUEST FROM CVCW D TO MAKE A FINDING THAT SEVERAL PROPOSED PROJECTS ARE IN CONF-00fANCE WITH THE PALM DESERT GENERAL PLAN . Mr. Williams reviewed the proposed construction of the following projects by the CVCWD. 1. North Portola Renional Sewer between Alessandro Drive and Avcnue 44 I 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-OGII May 17, 1976 LEGAL NOTICE CITY of PALM DESERT ,PROPOSED SIGN ORDINANCE NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider the proposed new advertising regulations .for the City of Palm Desert , Article 25 . 38 of the Municipal Code. "SAID public hearing will be held on June 1, 1976 , at 7: 00 p.m. in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane , Palm Desert., California, at which time and place , all interested persons are invited to attend and be heard. PAUL A. WILLIAMS , Secretary P .D. Planning Commission Publish : P .D. Post May 20 Major. Non-Conforming Silt South Side Highway 111 Palm Desert Lodge 74-527 Highway Ill Country Club Liquors 74-495 Cinemart 74-465 " International Motor Lodge 74-380 E1 Camino Rock Shop 74-271 Highway- 111 Exxon 74-303 " Palm Desert Liquor 74-121 " Palm Desert Florist 74-115 Springs Medical Supplies 74-125 Henny Penny Chicken 74-031 " Security Pacific Nat ' l Bank 74-011 to " Palm Desert Arco 73-993 " Palm Desert Tourist Information 73-941 Eve 0wnbey Realtor 73-925 " Palm Desert Cyclery 73-865 " Bank of America 73-833 " Union ' 76 73-801 " Red Kettle 73-759 " Sandra York 73-703 " Mr . Noe 73-691 " Desert Shop for Men 73-669 It " Palm Desert Rexall 73-405 " Sambo' s 73-075 to " Shell 73-021 ofit Palms-to-Pines Plaza c/o Roy Carver Sprouse-Reitz 72-885 Highway 111 Thrifty Drug 72-875 Safeway 72-815 " Palm Desert Exxon 72-990 Vern Emery' s Chevron 72-801 " Strong' s Mobile Homes 72-255 " Hoam' s Pools 72-381 . to North Side Highway Ill Palm Desert ' 66 72-300 Highway Ill Sandy' s 72-950 it it So. Cal . Testing Lab 73-038 it Waddill' s Nursery 73-088 Bob ' s Merry Mug 73-098 Walker & Lee Real Estate 73-168 Mobil 73-230 " Red Barn 73-290 " Mhoon & Mhoon 73-302 " Nirane Art Gallery 73-302 Romeo s Steak House 73-340 " Village Market 73-468 Alkobar Liquors 73-510 " Del Gagnon Co. 73-614 to " Carol Eldridge 73-640 it " Farmers Insurance 73-640 to " Palm Villa Motel 73-796 -2- North Side Highway 111 (cont. ) Gulf Station 73-800 Highway 111 Palm Desert Biltmore 73-850 " " Fix-It-Shop 73-9107 " Hall ' s 4-05H Houston Lumber 74-124 " Texaco Station 74-180 " Young' s 74-360 " Johnny Bash' s 74-450 Professional School of Driving 74-478 " San Pablo Circle K 44-775 San Pablo Libott Pools 44-843 San Pablo Portola Circle K 45-200 Portola _Larkspur Airlansea Travel Service 45-104 Larkspur American Shade Co. 45-056 Larkspur Palm Desert Daily News 45-050 Larkspur E1 Paseo Leisure Life 73-740 E1 Paseo Pomona First Federal 74-010 E1 Paseo Tortilla Flats 74-155 E1 Paseo Miscellaneous Desert Patch Motel 73-758 Shadow Mtn. Drive Gala Villa Motel 73-721 Shadow Mtn. Drive Sun & Shadow Motel 73-768 Larrea Adobe Inn 45-406 Highway 74 Carousel Hotel 45-640 Highway 74 Sandra La Motor Lodge 74-470 Abronia Seibu 44-695 San Carlos Esquire Motor Hotel 73-555 San Gorgonio Shadow Mountain Resort Hotel 45-730 San Luis Rey INTEROFFICE MEMORANDUM City of Palm Desert City Manager TO: Building Official & Code Enforcement Officer (F. Allen) FROM: Director of Environmental Services SUBJECT: Review of Proposed Sign Ordinance DATE: July 23, 1975 Please find attached, a copy of the proposed Sign Ordinance which we will be going to the Chamber to begin review with them in early September. In order to come up with a good starting document, I am submitting this for your review and I am proposing to have a meeting on August 15, 1975 at 2:00 p.m. to discuss the proposed Sign Ordinance and to obtain your input to the preparation of the document for a presentation to the Chamber. If there are any conflicts to this schedule, please let me know. Attachment 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 May 17, 1976 LEGAL NOTICE CITY of PALM DESERT PROPOSED SIGN ORDINANCE NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider the proposed new advertising regulations for the City of Palm Desert , Article 25 . 38 of the Municipal Code . SAID public hearing will be held on June 1, 1976 , at 7 :00 p .m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane , Palm Desert, California, at which time and place, all interested persons are invited to attend and be heard. PAUL A. WILLIAMS, Secretary P .D. Planning Commission Publish: P .D. Post May 20 t DATE TO: �' V MAYOR ODE ENFORCEMENT OFFICER ❑COUNCIL RNVIRONMENTAL SERVICES ❑MANAGER ❑EXECUTIVE SECRETARY ❑ADMIN.AID ❑ FIRE MARSHALL ❑ATTORNEY ❑MANAGEMENT SERVICES ❑BUILDING OFFICIAL ❑ FOR: ❑INFORMATION ❑REVIEW&COMMENT ❑ACTION&DISPOSITION ❑INITIAL&CIRCULATE ❑FILE REMARKS AI-9/74-4M FROM �-�- DATE�Z... ._`?..------------- TO: � ❑ MAYOR ❑CODE ENFORCEMENT OFFICER ❑ COUNCIL ❑ENVIRONMENTAL SERVICES �Q MANAGER ❑ EXECUTIVE SECRETARY ❑ ADMIN.AID ❑ FIRE ❑ ATTORNEY ❑MANAGEMENT SERVICES ❑ BUILDING OFFICIAL ❑ FOR:❑ ACTION 6 DISPOSITION ❑ FILE ❑ INFORMATION --4�j REVIEW d COMMENT ❑ RETURN REMARKS:...... ------------------------------------------------------------------------------- .......................................................................................................... .......................................................................................................... .......................................................................................................... .......................................................................................................... ............................................................................... ... .. ........... A1-6/74-2M FROM: ..................................... �.............. INTEROFFICE MEMORANDUM City of Palm Desert DEC 2 31975� i TO: City Attorney FROM: Director of Environmental Services SUBJECT: Request for Summary of the Recom- DATE: mendation the City Attorney made December 22, 1975 on the Sign Ordinance. The Sign Subcommittee of the Chamber of Commerce has requested that your opinion as to the status of leases, either maintenance or ownership, relative to signs upon the adoption of the proposed Sign Ordinance be placed in writing for their review at a subsequent meeting. They are particularly interested in the effect of a City adopting a new Sign Ordinance and its possibility of giving the leasee the ability to escape from the lease. Q �K cls M E M O TO: PAUL WILLIAMS FROM: DAVE ERWIN Date: December 29, 1975 Paul: Responding to the above request, there is no way that I can give you any opinion as to the status of any lease relative to signs without reviewing the specific lease, generally, many leases will have provisions in them which allows for the termination of the lease if the lease provides some facility or structure that is in violation of any law or ordinance. However, I can' t make anything more than a general statement, at this time, without seeing the specific lease. If anything further esired, let me know. /Yo rs very truly, C 'D `VIb`J. ERWIN DJE:pc 1 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 October 28 , 1975 To: MEMBERS OF THE CHAMBER OF COMMERCE SUBCOMMITTEE Subject : Revisions Resulting from the Third Meeting on the Sign Ordinance Attached for your review and comment is the list of revisions to the Palm Desert Preliminary Sign Ordinance. This is also a reminder that your next meeting to review the Sign Ordinance is scheduled for Wednesday morning , October 29, at 8 a.m. in the City Hall Conference Room. Paul A. Williams Director of Environmental Services Attachment cls INTEROFFICE MEMORANDUM RECEIVED City of Palm Desert OCT 2 9 1907 TO: PAUL WILLIAMS FROM: DAVE ERWIN Ori OF ftU pESM SUBJECT: Sign Ordinance DATE: Oct. 27, 1975 I have reviewed the Sign Ordinance. As you indicated, it does not appear to include a regulation on search lights, but, I think it would probably be better if such inclusion would be to eliminate them on any continuing basis. Perhaps providing and subject to staff approval, by the Code Enforce- ment officer, designating time and location for temporary utilization, such as grand openings, etc. I don' t know of anything like that in this ordinance and would suggest, that perhaps you could draft something on that, it would be helpful. I would like to discuss this with you next week at your convenience. Dave INTEROFFICE MEMORANDUM City of Palm Desert TO: Paul Williams FROM: Samuel Freed SUBJECT: Window Covering Ordinance DATE: October 14, 1975 I spoke with Jim Fenstra in Palm Springs and he told me that the City does not have any ordinance or resolution dealing with the covering of store windows when they are closed for the off-season. He indicated that the City of Palm Springs had discussed such an ordinance some time ago, but had decided that it was not feasible due to the increasing number of shops which are open all year. The City of Palm Springs preferred to use an informal approach by getting property owners to include such restrictions in their lease agreements . He also suggested that this might be a good subject to get the Chamber of Commerce to work on by establishing some informal guidelines among the business owners . Generally, the Palm Springs merchants are requested to install some sort of non-fading window display with a backdrop just behind. � i r'COO ty Q 9 `° �lll � ti• 1 S� v \ � o N z- QQ� v03 dl V� •.;.�R� �V 1 bZ� i � aJ � � z I l ,��.° AP.TICLE 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 preserving and enhancing the visual aspects of the city's streets and highways. This article is also intended to provide for a more orderly display of adver- tising devices and identification on properties within the City of Palm Desert 0 which are zoned commercial, industrial and residential; to brines those devices in harmony with the building, the neighborhood, and other signs in the area; to protect the general welfare of the businessmen and residents within the same area, .as well as the citizens of Palm Desert, and to do so by regulating and controling the location, design, quality of materials, construction, illumination, and maintenance of signs and sign structures. 25.38-2 DUTNITIONS 25.38-2.01 Sign A sign shall mean any thing or visual appearance primarily used for, or having the effect of, attracting attention from the streets, sidewalks or other outside public areas for advertising purposes including the prohibited listing of prices. 'A sign shall not mean displays of merchandise or products for sale bu the premises, 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 advertising 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. 25.38-2.04 Area of: a Sign The entire area within a single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representa- tion, 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, provided that 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) r 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 structure 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 free-standing, 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 Free-Standing Sign A sign supported by uprights or braces placed upon or into the ground and detached from any building. 25.38-2.10 Height of a Sign The greatest verticle distance measured from the ground level directly beneath the sign to the top of the sign. 25.38-2.11 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. 25.38-2.12 Indirectly Lighted or Shadow Lighted Sign An indirectly lighted or shadow lighted sign shall mean any illuminated sign constructed so that the immediate source of the illumination is not visible when the sign is lighted and which does not exceed ten (10) candle power per square foot measured at ten (10) feet from the sign. .25.38-2.13 Name Plate A sign not exceeding one (1) foot by three (3) feet signifying only the name of the occupant and his occupation or specialty. 25.38 (2) 25.38-2.1.4 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- 2.15 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. a 25.38-2.16 Projecting Sign A sign other than a wall sign suspended from or supported by a building or structure and projecting outward therefrom. Q25.38-2.17 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. 25.38-2,18 Roof Sign A sign erected wholly upon or above the roof of a building or structure, or upon or above canopies, marquees, and similar overhangs. 25.38-2.19 Sign Face The surface, or that portion of a sign that is visible from a single point as a flat surface or a plan and considered as such, together with the frame and the background. 25.38-2.20 Wall Sign 1 \ A sign attached to or erected on the exterior wall of a building or structure Y ' with the exposed face of the sign in a plan approximately parallel to the plane of the exterior wall. �t 25.38-2.21 Face or Wall of Building 1 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. hl 25.38-2.22 Political Signs • 7 Political signs shall mean any sign concerning candidates for political N office or involving a ballot issue. 25. 38-3 SIGN PERMIT REQUIRED - APPLICATION 1 It shall be unlawful for any person to erect., alter, permit or maintain, unless M otherwise excepted by this article, a sign upon any property without first obtaining a written sign permit from the Department of Environmental Services 'asyequired_by this article./ Application for such permit shall. be made on a form provided by the Department of Environmental. Services and shall be 25.38 (3) accompanied by a $10 fee. 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. 25.38-3.02 A statement showing the sizes and dimensions of all other signs existing on the property. 25.38-3.03 A statement showing the relationship of sucb sign or sign structure to the appearance and design of existing or proposed buildings and structures on the property. 25. 38-3.04 Such other information as the Department of Environmental Services may reasonably require to secure compliance with this article and the Ordinances of the City. 25.38-3.05 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 The following signs, if not illuminated, shall be allowed on all commercial, industrial and residential zoned property without a sign permit 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 the 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 Arehitec.aural Review Board; and 25.38 (4) t� (2) Such signs do not exceed three (3) square feet per face. 25.38-4.03 Governmental Flags or Emblems or Flags of Non-Profit Organizations. 25.38-4.04 Religious, Charitable, Educational, Cultural, or Political Posters Not exceeding sixteen (16) square feet in area, and temporary in nature. 25.38-4.05 Governmental or Other LeSall.y Required Posters, Notices or Signs. 25.38-4.06 Utility or. Telephone Pay Station Signs 25.38-5 ABATEMENT OF ILLEGAI. 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 to meet the requirements of this Ordinance or other applicable law. 25.38-6 ADJUSTMENTS The Zoning Administrator for either new or existing signs, may grant slight adjustments in sign colors or authorize deviations from sign area or setback requirements not to exceed ten percent (10%) upon a finding that the conditions for variance exist as prescribed in the Palm Desert Zoning Ordinance and as further set forth herein. 25.38-7 PERMIT REQUIREMENT The Director of Environmental Services,or his authorized representative, shall iimnediately remove any sign for which a permit has not been obtained as required in Section 25. 38-3 of this Code, provided, however, that the owner or user of said sign shall have the right to appeal the removal within ten (10) days thereafter to the City Council pursuant to the provisions of the Public Nuisance Abatement Ordinance No. 24. 25.38-8' SAFE SIGNS y. The Dff Iorof Environmental Services shall adopt a set of rules and regulations to guarantee that all signs are safely constructed. These rules and regulations shall be made available to the public. The Director of Environmental Services shall see that all signs within the City meet the safety requirements promulgated in his rules and regulations. Unsafe signs shall be abated. 25.38-9 PERMIT RECORD REQUIREMENT The Planning Division 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 tines in a place satisfactory to the Director of Environmental. Services. 25.38-10 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 therefor. 25.38 (5) K 25.38-11 PROIUBITED SIGNS The following signs are prohibited: 25.38-1.1.01 xotaf.i., Moving, Flashing, Changing, Reflecting or R_li.nkini,, Sii;ns Prohibited Signs which rotate, move, flash, reflect, blink or appear to do any of the foregoing shall be prohibited unless required by law or utilized by a proper governmental agency. 25.38-11.02 Signs on Public Property or Right-of.-Way Prohibited Signs on public property or right-of:-way shall be prohibited unless otherwise authorized in this Article. 25.38-11.03 ins Not Advertising the Use, Name of the Ouner, Product's or Service Available on the Premises Prohibited Any sign which does not advertise, without reference to prices, a use being made on the premises, the 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 unless otherwise authorized herein. 25.38-1.1.04 Signs Painted on Canvas Awnings Signs which are painted on canvas awnings shall be prohibited. 25.38-12 ZONES - 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, simplicty and sign effective- ness are to be used in establishing guidelines for sign approval. 25.38-12.01 Signs in Single Family Zones During the period of time when realty is offered for sale or rent, a sign so indicating but not exceeding two (2) square feet may be located on the property by the owner. The location and design of the sign shall be subject to the approval of the Director of Environ- mental Services. 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 or its authorized representative. Any such signs 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 surrounding properties. Signs so authorized shall be located and erected in a manner satisfactory to the Director 25.38 (6) of Environmental Services or his authorized representative. 25.38-1.2.02 Signs in Multiple Zones The prodominant idea in authorizing signs in the multiple zones is to strive for a one sign complex to eliminate clutter and to promote compatibility, proportion, simplicity and sign effectiveness. (1) Sign Area: Hotels and Apartments Regardless of the zone where located, there shall be a basic allowable sign area of twe t (A) square feet, plus one (1) additional square foot of sign area for each separate rental unit to be encompassed in one (1) sign. 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 principal sign. The criteria to be used in designing and locating these signs shall be those of proportion, simplicity, utility and com- patibility with surrounding uses and development. l_e'3— (2) Sign Area: Other Residential Uses Allowed in a Multiple Zone One (1) shadow lighted or 'unlighted identification sign not exceeding twenty (20) square feet in area shall be permitted for an 4nauthorized use, separate and not in conjunction with the hotel or apartment use permitted, such as churches and the like. (3) Use of Attraction Boards for Hotels and Apartments 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 attracti.cn board shall be designed and located so that it is made an integral part of the principal sign. B. If the principal 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: o (a) That the size of a 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 and apartment house cannot be indicated on the detached attraction board sign. C. The following information shall be allowed on an attraction board sign: (a) "Summer Rate" (b) Vacancy (c) Credit Cards (d) TV, color TV 25.38 (7) (e) Pools, therapy pools (f) Air conditioning (g) Continental breakfast (h) welcoming convensions (i) Any other information as approved by the Director of Environmental Services D. Free Standing Signs Free standing signs in multiple zones shall not be loc_4ted on the public right-of-way and shall not exceed ._ tweuGy (2Y-0) feet in height or the height of the adjacent building, whichever is less. (a) Sale and Rental Signs Multiple 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 two (2) square feet in area and shall be designed and located in a manner satisfactory to the Director of Environmental Services. E. Rate Signs In addition to the other sign usage authorized herein rates or prices of rentals or other accomodations 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 provision 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 seciton shall con- stitute a public nuisance and may be abated as such. F. Double Frontage Lots All sign area allowed in Sections 25.38-12.02 inclusive shall be allowed on both frontages for double frontage streets generally parallel with each other provided that the same use of property extends completely through from street to street. 25.38-12.03 Signs in Commercial and Industrial Zones The predominant idea in authorizing signs in the commercial and industrial zones is to strive for a one sign per complex to eliminate clutter and to promote compatibility, proportion, simplicity and sign effectiveness. (1) Sign Area. Commercial and Industrial Uses Except as otherwise provided in this Article, each separate business shall be limited to one (1) main sign. Relative thereto, the following sign areas shall apply: A. Buildings within one hundred (100) feet. ight-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 25.38 (8) 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 signs shall have a surface area no greaterthan 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 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 (111) square feet of sign area per lineal foot of frontage which the building has facing on a 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 adjacent 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 fifty (50) feet of 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 i." or Z '2- above, an additional one (1) square foot of sign area for each two (2) feet 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. D. Frontage on two or more streets. A business in a building facing on more than one (1) night-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 (T) right-of-way and shall not exceed the allowed area on any one (1) right-of-way. Location and design of such sign combinations must be approved by the Director f Environmen_ta1 Serviceslso as to eliminate clutter and incompatibility of signs. lrl'"� E. Height � �� � � The top of such sign shall not be higher than the�,bu�ilding��� on which it is located as measured from the underside of the eve and in no event higher than twenty (20) feet. 25.38 (9) tT (2) Second Story Businesses. Businesses main tai.ned exclusively on the second floor of a two (2) story building shall be entitled to fifty percent (50%) of the sign area authorized for businesses conducted in single story buildings. (3) Sign for Pedestrian Traffic. Where the principle sign for a business is located so that it cannot be seen by pedestrian traffic, a sign in addition to that otherwise allowed in this Article shall be permitted. Such a sign shall be no larger than six (6) square feet (three feet on each side if right angles to .the street) 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. (4) Public Pricing of Merchandise on Display. In addition to the other sign usage authorized herein, where merchandise is physically displayed behind shop windows or otherwise in view of the public, the price of each separate item of such merchandise may be indicated in letters or numbers not exceeding three quarters (3/4) of an inch in height attached or in near proximity to the displayed item. The intent here is to allow such pricing only when it could be a usual and proper adjunct to merchandising the product under consideration. (5) Public Pricing of Merchandise Not on Display. In addition to the. other sign usage authorized herein, where the goods or services, rentals or sales are not on physical display to dis la the public, the price of such goods, services, rentals or sales may be indicated by a single sign or attraction board not to exceed eighteen (18) by twenty-four (24) inches and located no closer than one (1) foot from a window when facing public view, in letters and numbers not to exceed three quarters, (3/4) of an inch in height. The intent there is to allow such pricing only when it would be a usual and proper adjunct to advertising the product or service under consideration. (6) "Sale" Signs. While a sale of goods or services is being conducted, a sale sign shall be allowed between one (1) and three (3) feet behind the glass line of the show window. Such a sign shall be in addition to, and shall not exceed fifteen percent (15%) of the total authorized sign area but in no event more than five (5) square feet. Such a sign shall not advertise prices and shall be in letters not to exceed five inches (5") in height. When improperly used, sales signs constitute a public nuisance and may be abated as such. (7) 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 lettersing shall be enclosed within a single area and shall not exceed a total of three (3) square feet. 25.38 (10) PS: (8) Use of Attraction Boards ij) ,ht 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 fortis in of 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 he twenty- five (25) square feet if facing on the street; and 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. (9) Gasoline Service Stations. Gasoline service stations shall be limited to one(1) sign of an area not to exceed thirty-six (36) square feet on each side. The height of this sign shall not exceed twenty (20) feet.,J In addition, one (1) ten (10) square foot sign fixed flat on the surface of the building shall be allowed. Such signs not complying with the requirements of this Article shall be abated forthwith. pp�� (10) Signs in District and Regional Shopping Centers. In addition to the*'�sign area allowed for individual businesses, shopping centers in excess of. three and one-half (311) acres of land shall be allowed one (1) indirectly lighted 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 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) feet, and shall not be erected without first having proper approval as provided herein. A. 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 publish- right-of-way and shall not exceed twelve (12) feet in l height. Lei/ B. Sale and Rental Signs. Commercial and industrial properties shall be authorized one (1) for sale or rent sign while the property is actually for sale or rent. These signs shall not exceed two (2) square feet in area and shall be designed and located in a manner satisfactory to the Director of Environmental Services. . Ci Z J`G: Interior Realtor Signs. In lieu of any other pricing by signs authorized herein, real estate listings and other such supplemental advertising used in conjunction therewith may be indicated on not more than three (3) signs and/or attraction boards, no one of which shall be larger in area than one half (1/2) of the total authorized square footage hereunder. Such signs shall be located no closer than one (1) foot from a window facing public view in letters and/or numbers not exceeding three quarters (3/4) inches in height. The total square footage of such signs shall Hot exceed twenty (20) percent of the total window area on which they face and, in no 25.38 (1 1) i _ t .T (8) No s;gn shall extend into the present or future public right+ of-way. (9) Temporary promotional signs,\Ahitectural ding bannefs, flags, balloons and similar devices be permit��ed for up to twenty t(20) days per year pr they have first been reviewed,and approved by the Re�iew Board(10) All sigri together with allrts, braces, anchors, etc. , shall be kept in contiepair includig the replacement of defective parpainting, cleaning and otherwise in a presentable co dition. (11) All signs o' sign structures requing utilities service shall be sewed by underground util^rties only. r n (12) Except for aepp-e13a a ad normal �,epair or main enance, }° non-conforming signs shall not be af�lowed to be moved, 4 altered, add d to or replaced unlesslthey are made to comply with the provisions of this Ordinance. (13) All freestanding signs shall be placed in a landsc ped area or planter. The minimum area of 5ai8 landscaped a�)ea or planter shall be three hundred (300) Isquare .feet for ser- vice stations When the sign is placed adjacent to inter- section of two (2) streets and two (i) percent of te lot �'--� area for other commercial and industrial uses. 25.3�-13•�i\ .of l Sign Review Criteria All signs which are regulated by this article shall be subject to the approval of the Ar-6I=""r-..t-u4:a7 Review Board. In approving or U ; de.y-i.ng a particular sign permit, the ArcWPPe tZral Review Board shall be subject to the following review criteria: (1) That the sign is necessary for the applicant 's enjoyment of substantial trade and property rights; (2) That the sign is consistent with the intent and purpose of this article and the 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 5 38�(6) 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 ad- jacent 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. When in the public interest, and agreed to by the ign applicant, the Director of Environmental Services may consideXand render r decisions on modifications up to ter+ (.10) percent ofr- the provisions of this Ordinance pertaining to the size, height, and ca y area cover- age of signs.! in rendering such decisions, the Direc or of Environ- mental Services shall be subject to the same review criteria as set forth above, and the criteria set for �ariances in the Zoning Ord;Hance. 25.38`7 Non-Conforming Signs rl d 0 (1) Except for-�copy--eh�ges-aud normal repair or maintenance,-- no sign in existence upon the adoption of this Ordinance shall be modified, altered, moved o4 replaced, unless it is made to comply with the provisions of this Ordinance: (2) Non-conforming signs made of paper, cloth, canvas orother similar non-durable material , including painted wall signs, or freestanding signs that are not affixed to a building or the ground, shall be removed within twelve (12) months from the effective6ddate of this ordinance. (3) Non-conforming signs' of a permanent natl, with the follow- ing prescribed value, shall each be removed within the time indicated below fromithe effective date of this OrdinanceC 25.38 (7) event, more than twenty (20) square feet. The intent of this provision is to allow only such window pricing and other such integrated advertising matter as is deemed conservatively necessary and proper to the merchandising of the properties being advertised. 25.38-12.04 Signs in RM Zones - Sign Area: Mobile Home Use A mobile home shall be allowed one (1) shadow lighted or unlighted identification sign not exceedingthe equivalent of one (l.) square foot of sign area per ten (10) lineal feet of fro cage on each right-of-way upon which the business fronts. No sign shall. have a surface area greater than thirty (30) square feet when erected parallel to the right-of-way. No such sign shall have a surface area greater than fifteen (15) square feet on each face of the sign 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 two (2) square feet in area and shall be designed and located in a manner satisfactory to the Director of. Environmental Services. 25.38-13 GENERAL PROVISIONS The following general sign usage provisions and regulations shall apply. The basic intent is to protect the public and property owners against a downgrading of aesthetic and property values. Therefore, the additional sign usage authorized hereunder shall be strictly construed in its application. 25.38-13.01 Each sign shall be subject 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. 25.38-13.02 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. 25.38-13.03 Required Information on Signs. Every sign shall have the name of the the maker, the date of the erection and the permit number. Such information shall be clearly legible and in a conspicuous place on each sign. 25.38-13.04 Trade Construction Signs. One sign advertising the various construction trades shall be permitted on construction sites. Such signs shall not exceed thirty-two (32) square feet in area, and shall be removed before a certificate of occupancy is issued. 25.38 (12) 25. 38-13.05 Proper. Maintenance of Signs. The user, owner or lessee 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. 25.38-13.06 Color of Signs. All signs regulated by this Ordinance shall contain no more than three (3) colors. Black and white shall be considered as colors. 25.38-13.07 "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. 25.38-13.08 Direct Lighting - Size Reduction - Direction. If direct lighting, as opposed to shadow lighting, is authorized to illuminate any sign, one-half (1/2) of the otherwise authorized sign area shall be permitted. Excessive glare shall be eliminated. 25.38-13.09 Land Subdivision Signs. Signs advertising land subdivisions shall be limited to one (1) double-faced sign of twenty (20) square feet per side, placed at a right angle to the street or two (2) twenty (20) square foot signs facing the street. Such signs shall be at least two hundred (200) feet apart and shall be placed on the subdivision or on land leased by the subdivider. Such signs shall be removed at the end of two (2) years or when ninety percent (90%) of the subdivision is sold, whichever occurs first. These signs shall net be illuminated. 25.38-13.10 Lease Potential Sign. One sign advertising lease potential for future development, not to exceed twelve (12) square feet in area, fifteen (15) feet from property lines, shall be permitted for a single parcel multiple unit development. However, such a sign shall not be erected except during the course of construction of the building or buildings and all such signs shall be removed before a certificate of occupancy is issued for the building. These signs shall face the street and shall not be illuminated. 25.38-13.11 Glare from Signs. All illuminated signs in all zones shall be designed in such manner as to avoid undue glare or reflection of light on private 25.38 (13) i i Ii 25.38-1.3.14 1 Signs for Public and Quazi-Public Uses. Directional and public convenience signs for public and quazi-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 public identification as determined by the Director of Environmental Services. 25.38-13.15 Location of Right P.ngle Signs. Right angle signs on faces of building 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. 25.38-13.16 Obstruction of Passage. Signs shall not be constructed so as to obstruct any door, window, or fire escape of any building. 25.38-13.17 Unless otherwise authorized by this Article, regardless of the zone where located, no sign shall exceed the maximum area allowed to advertise the use being made on the premises. 25.38-13.18 Exceptions. Nothing herein contained shall prevent the erection, con- struction or maintenance of official traffic, fire and police signs, _ �! signals, devices and markings of the State Department of Publie_idorks, �''�� the City Council or of other competent public authorities, or the posting of the notices required by law. 25.38-13.19 Special Permits. 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 adjacent property or improvements. 25.38-13.20 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 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 (1.5) r property in the surrounding area and shall be erected and located in a manner satisfactory to the Director of Environmental Services or his authorized representative. 25.38-13.12 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 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 Canopies. Indirectly lighted or shadow lighted signs shall. be permitted on the upper or lower surface of fixed marquees and similar structures the front yas�d of which faces the public right-of-way, provided 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 (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 shall be included in the total authorized sign area. 25.38-13.13 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 and shall not exceed the maximum size allowed for signs in the zones where located. (5) Such signs shall' not be nailed to trees, fence posts or 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. (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 locate where the signs will be erected. 25.38 (14) 25.38-14 ENFORCEMENT 25.38-14.01 Territorial Application of Ordinance. The provisions of this Article shall apply to all territory within the City of Palm Desert. 25.38-14.02 Duty to Enforce Ordinance. It is the duty of the Director of Environmental Services to enforce all of the provisions of this Article. 25.38-14.03 Interference with Enforcement. It is unlawful for anyone to interfere with the Director of Environmental Services in the performance of his duties. 25.38-14.04 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 in effect at the time such sign was constructed or erected, be and they 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 matter provided by Ordinance No. 24. 25.38-14.05 ,J � 5 � ~ 4\r Removal and Amortization Period. Any signhwhich is nonconforming to the requirements of this Ordinance, either by variance previously granted or by conformance to the existing sign regulations at the time 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 dating from the effective date of this Ordinance. Such nonconforming signs i.w.rJv �.�j kr may be abated forthwith upcln,the, pa`y ea�� -tfir-cost-oremoval-a -t-he remaining value of said sign, as determined from the cost of the permit : and=based:upon,a--deprec-iatton--schedui-e-f'or-surfi-sign-as-fe-1-1-0ws: AMORTIZATION SCHEDULE 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 OVER $5,000.00 5 years 25,38 (16) r- 25.38--15- � SEPARABILITY If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions- of the Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase hereof irrespective of the fact that any one or more of the sections, subsections, clauses or phrases hereof be declared invalid or unconstitutional. 25. 38 k66' 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. +�.A „ s zs .39— ► cj 3C 25.38 (17) e PRELIMINARY DRAFT SIGN ORDINANCE PALM DESERT January 1975 2-21MO102-00 ARTICLE 25.38 SIGNS 25.38-1 Intent and Purpose This article is intended to provide for a more orderly display of advertising devices 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, and to do so by regulating and control- ing the location, design, quality of materials, construction, illumination, and maintenance of signs and sign structures. 25.38=2 Definitions Sign - Any device used for visual communication or attraction, including any announcement, declaration, demonstration, display, illustration, insignia or symbol used to advertise or promote the interest of any person; together with all parts, materials, frame and background. 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 pro- moting {either directly or indirectly) , the sale of products of any person. Advertising Display - Any device, contrivance, statue or struc- ture other than a sign used as a display, regardless of size and shape, for the purposes of attracting attention or making any- thing known, the origin or place of sale of which is on the property with such advertising display. Area of a Sign - The entire area 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, provided that 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 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 structure are or is designed in such a manner as to form an integral background of the display. 25.38 (1) 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. Combination Sign - Any sign incorporating any combination of the features of free-standing, projecting and roof signs. 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. Free-Standing Sign - A sign supported by uprights or braces placed upon or into the ground and detached from any building.. Height of a Sign - The greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign. 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. Illuminated Sign - A sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. Lighted Sign - A sign that is lighted or illuminated from a light source that is not an integral part of the sign itself but causes light rays to shine on the sign's surface. Name Plate - A sign not exceeding .one ( 1) foot by three (3) feet signifying only the name of the occupant and his occupation or specialty. 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, 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. 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) 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. Roof Sign - A sign erected wholly upon or above the roof of a building or structure, or upon or above canopies, marguees, and similar overhangs. 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. Wall Sign - A sign attached to or erected on the exterior wall of a building or structure with the exposed face of the sign in a plane approximately parallel: to the plane of the exterior wall . 25.38-3 Sign Permit Required - Application It shall be unlawful for any person to erect, alter, permit or maintain, unless otherwise excepted by this article, a sign upon any property without first obtaining a written sign permit from the Department of Environmental Services as required by this article. Application for such permit shall be made on a form provided by the Department of Environmental Services and shall be accompanied by a $10.00 fee. The application shall set forth and contain the following information and material : (1) Three copies of a plan showing: (a) The location and size of any building or structures on the property, both existing and. proposed; (b) The location of off-street parking facilities, including major points of entry and exit for motor vehicles where directional signs may be proposed; (c) The position of the proposed sign and its relation to adjacent- buildings and structures; and (d) The design and size, colors proposed, and proposed location of the sign or sign structure on the property. (2) A statement showing the sizes and dimensions of all other signs existing on the property. (3) 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. (4) 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) (5) 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 Excepticns The following signs, if not illuminated, shall be allowed on all commercial , industrial and residential zoned property without a sign permit being required: (1) One (1) Identification Sign - not exceeding one (1) square foot in area, and displaying only the name and address of the owner or the occupant. (2) Directional or Safety Signs - as required, provided that; (a) Each such sign has first been reviewed and approved by the Architectural Review Board; and (b) Such signs do not exceed six (6) square feet per face. (3) Governmental Flags or Emblems or Flags of Non-profit Organizations (4) Reli ious Charitable, Educational , Cultural or Political posters - not exceeding sixteen (1 ) square feet in area, and temporary in nature. (5) Governmental or Other Legally Required Posters Notices or Signs (6) Utility or Telephone Pay Station Signs (7) Temporary Real Estate Signs - concerning the sale, rental or lease Of the premises, provided that: {a) Only one (1) such sign is displayed per occupancy or street frontage on the property to which it refers; (b) Each sign does not exceed sixteen (16) square feet per face in commercial and industrial zones and ten (10) square feet in residential zones; and (c) Each such sign is removed from the premises upon completion of the sale, rental , or lease activity to which it pertains. (8) Temporary Contractors ' Signs - not exceeding sixteen (16) Square feet each, or one (1) construction directory sign for all contracto.rs not exceeding thirty-two (32) square 25.38 (4) _ feet per face, and eight (8) feet in overall height. Each such sign must be removed upon completion of the work activities by such person or firm. 25.3875 General Requirements The following regulations shall apply to all signs for which a sign permit or review is required by this article: (1) Each sign shall be subject to review and approval by the Architectural Review Board prior to its erection. In the case of new developments, a signing program shall be submitted as part of the Site Plan Review procedure. (2) A coordinated signing program shall be required for prop- erties where several businesses require signing. (3) The content or advertising which may be displayed on signs shall be limited to the following: (a) The identification of the building or its owners or the occupants of the premises; (b) Information concerning the activities conducted on the premises, or the goods and services offered in con- nection therewith; (c) Information concerning the sale, rental or lease of the premises; and (d) Information providing safety or directional messages. (4) The content or advertising to be displayed on signs shall not cover more than forty (40) percent of the aggregate sign area. Where the background of that sign is the build- ing itself, and the sign is developed as individual raised letters or symbols, free from any encompassing sign structure, the copy area may be extended to sixty (60) percent of the aggregate sign area. (5) The sign provisions apply only to on-premise signs. Off- premise (non-appurtenant) signs and/or outdoor advertising structures shall not be permitted. (6) No sign shall be allowed to obstruct the sight distance of motorists or pedestrains or be designed with flashing lights, moving parts, audible noises, or other devices. (7) Freestanding or unattached signs shall not be allowed to rotate. 25.38 (5) (8) No sign shall extend into the present or future public right-of-way. (9) Temporary promotional signs, including banners, flags, balloons and similar devices shall be permitted for up to twenty (20) days per year provided they have first been reviewed and approved by the Architectural Review Board. (10) All signs, together with all supports, braces, anchors, etc. , shall be kept in continual repair including the replacement of'defective parts, repainting, cleaning and otherwise in a presentable condition. (11) All signs or sign structures requiring utilities service shall be served by underground utilities only. (12) Except for copy changes and normal repair or maintenance, non-conforming signs shall not be allowed to be moved, altered, added to or replaced unless they are made to comply with the provisions of this Ordinance. (13) All freestanding signs shall be placed in a landscaped area or planter. The minimum area of said landscaped area or planter shall be three hundred (300) square feet for ser- vice stations when the sign is placed adjacent to an inter- section of two (2) streets and two (2) percent of the lot area for other commercial and industrial uses. 25.38-6 S 9n Review Criteria All signs which are regulated by this article shall be subject to the approval of the Architectural Review Board. In approving or denying a particular sign permit, the Architectural Review Board shall be subject to the following review criteria: (1) That the sign is necessary for the applicant 's enjoyment of substantial trade and property rights; (2) That the sign is consistent with the intent and purpose ,of this article and the 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 25.38 (6) 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 ad- jacent 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. When in the public interest, and agreed to by the sign applicant, the Director of Environmental Services may consider and render decisions on modifications up to ten (.10) percent of- the provisions of this Ordinance pertaining to the size, height, and copy area cover- age of signs. In rendering such decisions, the Director of Environ- mental Services shall be subject to the same review criteria as set forth above, and the criteria set for variances in the Zoning Ordinance. 25.38-7 Non-Conforming Signs (1) Except for copy changes and normal repair or maintenance, 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. (2) Non-conforming signs made of paper, cloth, canvas or other similar non-durable material , including painted wall signs, or freestanding signs that are not affixed to a building or the ground, shall be removed within twelve (12) months from the effective date of this Ordinance. (3) Non-conforming signs of a permanent nature, with the follow- ing prescribed values, shall each be removed within the time indicated below from the effective date of this Ordinance. 25.38 (7) Value of Sign Period of Compliance less than five hundred (500) dollars within one (.1) year from five hundred (500) dollars to one thousand (1 ,000) dollars within three (3) years from one thousand one (1 ,001) dollars to fifteen hundred (1 ,500) dollars within four (4) years from fifteen hundred one (1 ,501) dollars to two thousand (2,000) dollars within five (5) years from two thousand one (2,001) dollars to twenty-five hundred (2,500) dollars within six (6) years from twenty-five hundred one (2,501) dollars to three thousand (3,000) dollars within seven (7) years from three thousand one (3'001) dollars to thirty- five hundred (3,500) dollars within eight (8) years from thirty-five hundred one (3,501) dollars to four thousand (4,000) dollars within nine (9) years (4) Non-conforming signs of a permanent nature, the value of which is greater than four thousand (4,000) dollars, shall be removed or altered to comply with the Ordinance within ten (10) years of the effective date of this Ordinance. (5) Within ninety (90) days of the discontinuance of a business in any commercial or industrial zone or before a new busniess occupies the building, whichever comes first, the sign owner, his agent, or the property owner shall remove all temporary non-conforming signs from the pre- mises, and shall repair or remove all permanent non- conforming signs. 25.38 (8) i 25.38-8 Violations (1) Any sign which is constructed or erected in violation of any of the provisions of this article or the provisions of this Code regulating signs shall be removed by the owner, agent or person having the beneficial use of the property on which the sign is displayed within ten (10) days after receiving notice to do so by the Department of Environmental Services. (2) The cost of removing any sign and any expense incidental to such action, shall be paid by the sign owner, his agent, or 'the manufacturer. (3) Any person, firm or corporation who constructs, erects, alters, maintains, or causes to be erected, altered or maintained, any sign which is in violation of this article or the pro- visions of this Code regulating signs, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine up to five hundred (500) dollars. Each such person, firm, or corporation shall be deemed guilty of a separate offense for every day that the violation of the Ordinance is continued or permitted. (4) Any sign erected on or extending over public property in violation of the provisions of this article or the provisions of this Code regulating signs, and any sign which is in vio- lation of the Zoning Ordinance is hereby deemed to be a public nuisance subject to abatement by the City in a civil action. The remedy provided herein is cumulative with any other remedy, civil or criminal which the City may have. 25.38-9 Variance from Sign Ordinance The provisions of Article 25.39-5 of the Zoning Ordinance pertain- ing to Variances shall apply. i 25.38 (9) 25.38-10 Signs in Commercial Districts 25.38-10.01 General Requirements The provisions of Article 25.38-5 shall apply. 25=38-10.02 Allowable Signs and Special Regulations (a) Each business shall be permitted one (1) sign per occupancy frontage. The area devoted to signs may not exceed ten (10) percent of the area of the first story height of the building and each sign must be mounted flat against the building. (b) When the building rears onto a public alley or parking lot with a public entrance directly serving those areas, an additional sign may be erected at that entrance. The overall area devoted to such sign shall not exceed six (6) percent of the rear face of the building to the first story height, and such sign must be mounted flat against the building. (c) Each business shall be permitted one (]) pedestrian oriented sign per entrance, to be mounted flat against the building or suspended from an overhanging architect- ural feature which is an integral part of the building. Such sign may not exceed a total of three (3) square feet. (d) Each business having a lot frontage equal to or in excess of three hundred (300) feet shall be permitted one (1) freestanding identification sign . Such sign shall not exceed twenty-five (25) feet above grade in vertical height. The area devoted to such signs shall not exceed sixty (60) square feet per face for a double face sign or one hundred twenty (120) square feet for a single face sign. If a freestanding sign is utilized, it shall be in lieu of other identification signs allowed by Ordinance except for signs allowed in Section 2b (Article 25.38-10) . (e) Each shopping or professional center, containing four (4) or more establishments and having a lot frontage equal to or in excess of three hundred (300) feet shall be per- mitted one (1) freestanding identification sign per center. Such sign shall not exceed sixty (60) square feet per face for a double face sign or one hundred twenty (120) square feet for a single face sign and shall be limited to a maximum height of twenty-five (25) feet, and shall not be located closer than three hundred (300) feet from any other freestanding sign on the same side of the street. If a freestanding sign is utilized, it shall be in lieu of other identification signs allowed by Ordinance except that each business within the shopping 25.38 (10) center shall be permitted one (1) building face identifi- cation sign not to exceed ten (10) percent of the area of the first story height of each building or occupancy frontage allocated to each business. Also, each business shall be allowed one (1) identification sign if the building rears onto a public alley or parking lot with a public entrance directly serving those areas. The area devoted to such sign shall not exceed six (6) percent of the area of the first story heigh of each building or occupancy frontage allocated to each business. (f) Each professional office building which is two (2) stories or less in height shall be permitted either one (1) freestanding identification sign or one (1) identification sign composed of individual letters and/or symbols mounted flat against the building. If individual letters and/cr symbols are utilized, they shall be free from an encompass- ing sign structure. If a freestanding sign is utilized such sign shall not exceed four (4) feet above grade in vertical height. The area devoted to such sign shall not exceed twelve (12) square feet per face for either a multi- face or single-face sign. If individual letters and/or symbols are utilized the area devoted to such sign shall not exceed fifteen (15) square feet. (g) Each professional office building which is three (3) stories or more in height shall be permitted either one (1) freestanding identification sign or one (1) identification sign composed of individual letters and/or symbols mounted flat against the building. If individual letters and/or symbols are utilized they shall be free from an encompas- sing sign. structure. If a freestanding sign is utilized, such sign shall not exceed five (5) feet above grade in vertical height. The area devoted to such sign shall not exceed twenty (20) square feet per face for either a double face or single face sign . If individual letters and/or symbols are utilized the area devoted to such sign shall not exceed two hundred (200) square feet. The maximum vertical dimension of the sign face, excluding supports shall not exceed ten (10) feet. 25.38 (11) 25.38-11 Signs in Industrial Districts 25.38-11 .01 General Requirements The provisions of Article 25.38-5 shall apply. 25.38-11 .02 Allowable Signs and Special Regulations (a) Each business having a lot frontage equal to or in excess of three hundred (300) feet shall be permitted one (1 ) free- standing identification sign per occupancy frontage. Such sign shall not exceed twenty (20) feet above grade in vertical height. The area devoted to such signs shall not exceed sixty (60) square feet per face for a double faced sign or one hun- dred twenty (120) square feet for a single face sign. If a freestanding sign is utilized, it shall be in lieu of other identification signs allowed by Ordinance. (b) Only one (1) single faced identification sign mounted flat against the building shall be permitted per occupancy frontage. The area devoted to such signs or combination of signs shall not exceed three (3) percent of the area of the first story height of each building or occupancy frontage allocated to each business. However, no sign shall exceed fifty (50) square feet in area. (c) Where there exists a private access street serving businesses on either side of said street the entire group of businesses shall be permitted one (1) double faced directory sign. Said sign shall be limited to a maximum overall height of fifteen (15) feet. Panels identifying each business shall be no longer than one (1) foot in width and two (2) feet in length. Also, each business along said private access street shall be permitted one (1) single faced identification sign mounted flat against the building. The area devoted to such sigh shall not exceed three (3) per- cent of the area of the first story height of each building or occupancy frontage allocated to each business. (d) Each area designated as an "industrial park" shall be permitted one (1) double faced freestanding identification sign or one (1) single faced freestanding identification sign which identifies said industrial park. Such sign shall not exceed twenty (20) feet above grade in vertical height . The area devoted to such sign shall not exceed sixty (60) square feet per face for a double faced sign or one hundred twenty (120) square feet for a single faced sign. 25.38 (12) 25.38-12 Signs in Automobile Service Stations 25.38-12.01 General Requirements The provisions of Article 25.38-5 shall apply. 25.38-12.02 Allowable Signs and Special Regulations (a) Each automobile service station shall be permitted one (1) freestanding identification sign from the following groups. Only one (1) group shall be permitted. (1) Group A a Two (2) freestanding identification signs not to exceed six (6) feet above grade in vertical height. The area devoted to such sign shall not exceed thirty-six (36) square feet per face. In addition, if Group A is selected, each service station shall be permitted an additional fifty (50) square feet for signs and/or symbols. Such signs and/or symbols shall be mounted flat against the building or canopy. . Also, an additional twenty (20) square feet of signs shall be permitted for special sales or promotions of a recurring and temporary nature. (2) Group B One (1) freestanding identification sign not to exceed thirty (30) feet above grade in vertical height. The area devoted to such sign shall not exceed thirty-six (36) square feet per face. In addition, if Group B is selected, each service station shall be permitted an additional twenty (20) square feet for signs and/or symbols. Such signs and/or symbols shall be mounted flat against the building or canopy. Also, an additional twenty (20) square feet of signs shall be permitted for special sales or promotions of a recurring nature. (b) Each service station shall be permitted one (1) double faced price sign. Such sign shall not exceed fifteen (15) square feet. Price signs shall be limited to the price of fuel and the ,type of fuel offered for sale. 25.38 (13) 25.38-13 Signs Strictly Prohibited The following types of signs are strictly prohibited in any district: (a) Signs or symbols painted directly on the walls or windows of buildings except the situation where gold leaf or silver leaf lettering is utilized on windows only; (b) Rotating signs or symbols; (c) Signs mounted on a building and projecting above the roof line of the building; (c) Outdoor advertising structures or signs; (d) Portable signs; and (e) Signs mounted or affixed to the roof of a building. i 25.38 (14) POLICY ON REAL ESTATE SIGNS PALM SPRINGS: All signs require a permit costing $2. In multi-family residential and commercial zones, one sign per lot. Maximum size 2 square feet. In R-1 zones, one sign of 2 square feet with only "for sale, phone number". An "open house" sign is permitted on premises only when salesman is present. No time duration established for signs. In subdivisions, one 4' x 8' construction sign during construction and one 4' x 8' sales sign, with a maximum time limit of two years or 70% completion of sales, whichever comes first. Realtors are not permitted to operate in homes. A realtor may operate in a condominium project until all units are sold out. INDIO: In residential zones, one illuminated sales sign with a maximum of 6 square feet. In other zones, one illuminated sales sign with a maximum of 12 square feet, which may be increased by 1 square foot for each 10 feet of street frontage, but not to exceed 45 square feet. One additional sign is permitted for each additional lot frontage along a major or secondary thoroughfare, but not to exceed four signs. Permits required for signs; valid maximum one year. Ordinance permits professional home occupations, but limits maximum of 5 clients which may visit home each day. INDIAN WELLS: Permit required for all signs; cost $20; valid for maximum of one year. Maximum size 2 square feet "for sale" in any zone. Maximum one sign per lot; maximum two colors - lettering and background. No realtor advertising on sign. One open house sign permitted; permit required - no fee. No realtor operations in homes. RANCHO MIRAGE: Permits required for all signs; cost based on sign valuation; time limit variable, depends on circumstances. All zones - maximum one sign; maximum 3 square feet. Property adjacent to Highway Ill may have one sign (maximum size 24 square feet). Subdivision signs approved under PUD approval process. Realtors OK in homes for mailing and telephone use only. No clients per- mitted to visit home. 10/31/75 S- �' 3 C O O O V r- y r O F— W N 4- = O al O 01 U O S-10 S- > 0 O V N S_ O S. y a) M O 3 ayi 4- 0-0 Y (D (L) a) ar a) a) c E vOi c c c c c c c d) a) x to a) O O O O O O t S- ro a) N • W C Z . . - •r N 4- 4- 4- 4- 4�- N 4- O' J W X y d )V O• Q' C' O' O V) F N M — Z ('(� N ln N M d' tn 0 M w W Z N Z CO N W � CO W 2:: r- e— r— r r O•r r r � < Z J N W cc W W O Z O N cr C d � d U O +� ro U L a) a) m y 4- a) S- O O a) ro d y y y rn L 3 r- ro rn ro ro a) d C 5- .0 ro Z •r N S- 0 = C}J ro CD ) L 3 on E a) T W 0 N C O C7 O O ra . ro O A_- ro SS- d to C C m (a O S- N V) U d m SIGN REPORT NO. II STANDARD METHODS OF COMPUTING PERMITTED SIGN AREA IN COMMERCIAL ZONES I . Square footage of sign area per lineal foot of street or parking lot (shopping centers) frontage : A. Options 1. Range - 0.5 square feet to 3 square feet 2. Normally includes maximum of 50, 75, 100, 150 or 200 square feet of sign area , 3. Some add a variation for larger buildings giving less area per foot of frontage after either 50 or 100 feet of frontage 4. Some apply or permit additional entitlement to be used on side or rear of building based upon same formula or variation 5. Some have a minimum sign area B. Benefits 1. Easily measured or determined 2 . Permanent 3. Length of wall sign normally relates to length of building 4. Does not standardize sign design C. Drawbacks 1. Permitted sign area does not related to the mass of the building 2. Is excessive for larger frontages and restrictive for smaller frontages. or vice versa depending upon range used II . Square footage of sign area is based upon a percentage of the area of front surface of the structure : A. Options 1. Range - 1% to 30% (10% average) 2. Normally includes maximum of 50 to 200 square feet 3. Some apply a variation to side or rear of building SIGN REPORT NO. 2• II . B. Benefits 1. Attempts to relate sign design to mass of building 2. Gives more than one story buildings greater sign entitlement 3. Permanent C. Drawbacks 1. Is not easily calculated in some instances particu- larly by laymen 2. Cumbersome and needless exorcize since signs may not even be on the building 3. Can lead to standardization . of signs in terms of shape III . Curvilinear Graphic Entitlement : Normally decreasing ratio with less entitlement per front foot for larger structures. (Santa Barbara Approach) is the same approach as Method I , except in graphic form. Has the same possible options , benefits , and drawbacks except that it may be considered simpler once it is understood. IV. Specific sign size entitlement for each and every business regardless of any variations : A. Options 1. Can be changed depending on type of business 2. Can be changed depending on proximity to roadway B. Benefits 1. Standardization of signs 2. Easily administered 3. Decreases emphasis on signs C. Drawbacks 1. Does not provide for variations of buildings or business size 2. Highly restrictive 11/4/75 a o Y T 4- ro a) i O 4- 0. O 0 OY S- roY ,-- 4- i 4- - > ro 4-• S- Y V CL-a CDO 4-�CD O N O N Z X 4 V i C L I 0 0 i E N�. p •^ (O E O O 3: S (1 cr. C) i d C . ^ ra ro C ^ ^ C 4- +1 3 4- Y r Y 4- 4- Y U W •r 4- a) .0 a)4- •4- r•4- 4- O 0 of 0 4- C] N N m a) Y i C) 4-O .- O In a) L '0 N > r L C 3 4-N N r• M N > C r• W LU ro (0 •r l2'} ro LO ro 4- •r a) 1 CL, 1 1 N I M I N I a) O -C I '-' I V 1 9 1 V I � 1 'O •1 'O gy- C C C C C C r• O W 0)r 3 a) r• .— 0 r 0 7 W r• O < 0 i c to O L r 0 r 0 r 0 ^ O [L ro to i Y ro i ro i ro i ro i 3 (7 N 3 (.7 O 3 C7 3 C7 3 C7 3 O 10 .0 1 I E + ro 0 ro\ fu - E a ro d 4 Y t o cExa) cv 4- 4- 44-- vOl Y •.Y- NO I o ro O) o S- 4- Ln i i 4- E Y 4- V O" CY O" N Vf a) 0.^ CT) LO a) C ro ro ro ro N o 0 a) cr O) X • •r W 0_- 4+ 0 4- a) a) a) () i C 0 ro 10 a) X (n C) 4- L O S.. i S.. 0 C) CD N O +•1 E V 10 O . 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LLJ W Y toa1 W F- 0 1 +) 0 1 +-) M E r• O Z a) Z O a) CO H ^ W 1 C aJ ^ C a) ' J ro O L r O Y 3 r Z w Q O Y d N ro 3 Ci'3 3 (i3 ut z N W ra t Y L V i ro r .a a) O C o L ro 0 m i Y of O ., 2 U O a) ro N m Z 0 L (W3 O E N N N ri.. ro ra 0 0 Q CL r• E c > a) Y Y Q. 0. > C ur O 3 0i d ro 0� a) ro O i (Da n v m ti 0- Z C7 Y H }J V- O w 4 Z S O N N I- O r K W U H I V C r 7 W r O 1 ro i 3 C7 I V Y OJ t Y 4 Y Y 4 N Y Y.3 X Y r C i ra E C N O Oi O 4i- a.4Y--• 0 4- I VI t I 0 4J CU oS- o)4- m •r ZE i x o X E i i ,m-, - of 1° E E io y a > V) 4- 4- N Y O t Ow Y 4- 4- 4- Y V- r F-� 4- 4- ro t CD c � c v�i v o ^ (7 M - N N N cn N N Co W C r In N \U) C 10 4- O,. ro N - ro Y m r N m r 4- Y ro Y r Y •0 O cr Y 4- V 0 1n C t i t 4/ 10 O 't Cl) N z H W N O a w + w l- m F- E H O o J z of W O d z � ro Z r W r G7 O S '7 ro J "AREA IN SQUA,ItL' .FRET Ln v, LM +n .n .n v, v, v, Lei LIN an M • O N to n O N to n O N cn O (V n O N In O N .n 1C' N N N M M M C-1 M V' J -7 tn ✓1 L/1 ul •U ".0 . �0 `C' n n • i_ 12 - 16 - 20 - 24 —f— — — — — — 28 :32 36 -- -- —� • k0 44 - pi w •4852 I I I I 5660 --r- �. • b4 .—.I 6S 7276 I I II_C 8080 • — I .. . 84. — 88 1 • 92 96 100 104 I\ 108 I =� — 112 — — 116 120 or more TABLE 12 G . PERMISSIBLE AREA IN SQUARE FEET FOR PQLE, PROJECTING, ROOT. _� ORJARQUEE SIGNS IN C-1, C-2, C-P, C-14, M-1 ZONES, nR) A' 'N SQWRE FEET . . O IT 0 .. f\ .D 0 .1 co N %D 0 Cf c9 N .r• O C O:' N t9 C +? CJ N .r 0 0 :7 O� .••c r•� N fY N c'M M '7 in OJ t") O. CA .-1 �y r•� Fl 1; HL 20 24 23 . 32 Ll 36 40 44 5' ,' n5 64 1-4 N 72 ! I ! ! I ! ! ! ! ! �. 76 80 I 92 96 100 I I I ! ! I I - - 104 108 112 I 116 120 or more TABLE 12C. PER,,IISSISLE AREA IN SQUARE FEET FOR 14AntTL SIGNS NOTE-SEE SECTION 13 FOR PEK?ISSIBLE INCREl:SES.�� MAJOR NON-CONFORMING SIGNS MOVING GROUND SIGNS BUILDING SIGNS FLASHING Height Size Location -Size SIGNS SOUTH SIDE OF HIGHWAY 111 Palm Desert Lodge X X X Country Club Liquors X X Cinemart X X International Motor Lodge X X X Rock Shop X X X Exxon X X Palm Desert Liquor X X X X Palm Desert Florist X I X Springs Medical Supplies X X Henny Penny Chicken X X Security Pacific Nat' l Bank X Palm Desert Arco X X Palm Desert Tourist Information X X Eve Ownbey Realtor X X Bank of America X X Union '76 X X X X Red Kettle X X Sandra York Mr. Noe Desert Shop for Men X X Palm Desert Rexall X I X Sambo's X X -Shell X X X X X Palms-to-Pines Plaza X X Sprouse-Reitz X Thrifty Drug X Safeway X Palm Desert Exxon X X -Vern Emery' s Chevron X X Strong's Mobile Homes X X Hoam' s Pools X I X NORTH SIDE OF HIGHWAY Ill Palm Desert '66 X Sandy's X X X So. Calif. Testing Lab X Waddill 's Nursery X X X Bob's Merry Mug X X X Walker & Lee Real Estate X X X Mobil X Red Barn X Mhoon & Mhoon X X Niranga Art Gallery X X Romeo's Steak House X Village Market X Alkobar Liquors X X Del Gagnon Co. X X Carol. Eldridge X Farmers Insurance X Palm Villa Motel X Gulf Station X X Palm Desert Biltmore X X X Fix-It-Shop X Hall ' s X Houston Lumber X X Texaco Station X X Young's X Johnny Bash's X X Professional School of Driving I X I X Continued. . . Page 2. MAJOR NON-CONFORMING SIGNS (continued) MOVING GROUND SIGNS BUILDING SIGNS FLASHING Height Size Location Size SIGNS SAN PABLO Circle K X X X X Libott Pools X X PORTOLA Circle K X LARKSPUR Airlansea Travel Service X X American Shade Company X Palm Desert Daily News X EL PASEO Leisure Life X Pomona First Federal X X Tortilla Flats X X MISCELLANEOUS Desert Patch Motel X Gala Villa Motel X Sun & Shadow Motel X Adobe Inn X X X Carousel Hotel X I X Sandra La Motor Lodge X Seibu X Esquire Motor Hotel X X Shadow Mountain Resort Hotel X X TOTAL: 42 24 47 18 10 PERCENTAGE: 29.8% 7.0% 33.3% 12.8% 7.1% I r ORDINANCE NO. L�'/t L"C.�'-:i/L_F✓I^✓..L-i-$/1�3.Gl YCCi--Q,t �'✓J C2/Y1l�LLGi.?K��QI-� �.�v� � SECTION I . Theffollowing�definitions shar-L apply 1�ro this Chapter unless another meaning is clearly apparent from the context: (a) SIGN. A sign shall mean any thing or visaul appear- ance primarily used for, or having the effect of, attracting attention from the streets, sidewalks or other outside public areas for advertising purposes including the prohibited listing of prices . A sign shall not mean displays of merchan- dise or products for sale on the premises, 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 location, size, use or the nature thereof, has the substantial effect of attracting attention for advertising 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 campat- ibility with the community' s desired image. (b) INDIRECTLY LIGHTED OR SHADOW LIGHTED SIGN. An indirectly lighted or shadow lighted sign shall mean any illuminated sign constructed so that the immediate source of the illumination is not visible when the sign is lighted and which does not exceed ten (10) candle poorer per square p foot measured at ten (10) feet from the sign. (c) POLITICAL SIGNS. Political signs shall mean any sign concerning candidates for political office or involving a ballot issue. (d) AREA OF SIGNS. The area of a sign without a border placed on the wall of a building shall be computed by enclos- ing the entire sign within sets of parallel lines touching the outer limits of the sign message and computing the area thus enclosed. The area of other signs shall be calculated by adding the outer dimensions of all faces capable of present- ing a sign message including e standard and the frame. (e) BUILDING. In addition to its common meaning, a building shall include any structure requiring a building permit. (f) 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 . (g) ATTRACTION BOARD. An attraction board shall mean a sign so constructed that all letters and/or other advertis- ing material can be readily interchanged. (h) SIGN HEIGHT. The height of signs shall be measured from ground level to the top of the sign. - t - r SECTION II . AUTHORITY AND RESPONSIBILITY OF THE PLANNING COMMISSION AND THE DIRECTOR OF PLANNING AND DEVELOPMENT. The Planning Commission and the Director of Planning and Development, or his authorized representative, shall have the following powers and duties . t (a) APPROVAL BY PLANNING COMMISSION. Unless otherwise authorized in this Chapter, no permit shall be issued for t any new sign within the City of Palm Desert until such sign is reviewed and approved by the Planning Commission, or its authorized representative, pursuant to the applicable provisions of Section ------ of the Zoning Ordinance. Review and approval by the Planning Commission shall be required for the design and location of principal signs in excess of thirty (30) square feet. All other signs shall be similarly approved by the Director of Planning and Develop- ment; provided, however, that either the applicant or the Director of Planning and Development can request review of the approval or denial by the Planning Commission. The requirements set forth in this Section are deemed essential for the promotion of harmonious appearances , for the preservation of property values and for the establishment of a practical administrative process protecting both the sign user and the public alike. (b) PERMITS REQUIRED. It shall be unlawful for any person, firm or corporation to authorize, erect, construct, maintain, move, alter, change, place, suspend or attach any sign within this City, other than one legally existing prior to the effective date of this Ordinance, without first obtaining from the Director of Planning and Development a written permit so to do, paying the fees prescribed therefor, and otherwise complying with all of the applicable provisions of this chapter. (c) PERMIT APPLICATION. The applicant shall file ` an application for permit, including a sketch drawn to scale indicating the proposed sign, its location, colors and design as required by the Director of Planning & Development. (d) PERMIT FEES. The Director of Planning & Development or his authorized representative, shall charge a sign permit fee for every authorized sign within the City. The amount of the fee shall be five percent (5%) of the declared value of the sign or two dollars ($2 . 00) whichever is the greater amount . No fee will be required for the permit on any sign on which a previous permit fee was paid to the City of i Palm Desert. (e) ABATEMENT OF ILLEGAL SIGNS . The Director of Planning &t: Development shall see that this Ordinance is enforced. 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. t t (f) MINOR DEVIATIONS . The Director of Planning & Development, or his authorized representative, for either new or existing signs , may grant slight modifications in sign colors or authorize deviations from sign area or setback requirements not to exceed ten percent (10%) upon a finding that the conditions for variance exist as prescribed in c the Palm Desert Zoning Ordinance and as further set forth herein . t (g) PERMIT REQUIREMENT. The Director of Planning and Development, or his authorized representative, shall immediately remove any sign for which a permit has not been ( obtained as required in Section 8130. 02 of this Code, provided, however, that the owner or user of said sign shall have the right to appeal the removal within ten (10) days thereafter ( to the City Council pursuant to the provisions of the Public Nuisance Abatement Ordinance, ------ of the Palm Desert Ordinance Code. ( (h) SAFE SIGNS. The Director of Planning & Development shall adopt a set of rules and regulations to guarantee { that all signs are safely constructed. These rules and regulations shall be made available to the public. The Director of Planning and Development shall see that all t signs within the City meet the safety requirements promulgated in his rules and regulations. Unsafe signs shall be abated. ` i (i) PERMIT RECORD REQUIREMENT. The Director of Planning and Development, in conjunction with the Permit and Licensing Division of the Finance Department, shall keep a copy and t 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 ( satisfactory to the Director of Planning and Development. (j ) 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 therefor. 1 SECTION III. PROHIBITED SIGNS. The following signs are prohibited: t (a) ROTATING, MOVING, FLASHING, CHANGING, REFLECTING OR BLINRLING SIGNS PROHIBITED. Signs which rotate, move, flash, reflect, blink or appear to do any of the foregoing 4 shall be prohibited unless required by law or utilized by a proper governmental. agency. (b) SIGNS ON PUBLIC PROPERTY OR RIGHTOFWAY PROHIBITED. Signs on public property or rightofway shall be prohibited unless otherwise authorized in this Chapter. t (c) SIGNS NOT ADVERTISING THE USE, NAME OF THE OYdNER, PRODUCTS OR SERVICE AVAILABLE O : THE PRE14ISES PROHIBITED. i Any sign which does not advertise , without reference to �. prices , a use being made on the premises , the 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 unless otherwise authorized herein . (d) SIGNS PAINTED ON CANVAS AWNINGS . Signs which are painted on canvas awnings shall be prohibited. SECTION IV. ZONES. (a) PURPOSE. No signs shall be erected or maintained i in any zone as established by the Zoning ordinance except those signs specifically enumerated in this Chapter. The number and area of signs as outlined in this Article are ( intended to be maximum standards which do not necessarily insure 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. (b) SIGNS IN SINGLE FAMILY ZONES. During the period of time when realty is offered for sale or rent, a sign so indicating but not exceeding two (2) square feet may be located on the property by the owner. The location and i design of the sign shall be subject to the approval of the Director of Planning and Development. Since these signs are of a temporary nature, a minimum fee of two dollars 1 ($2 . 00) for a permit shall be required. However, the right to use such signs can be abused. Their abuse can cause excessive clutter and/or false image of a distressed area. t When such circumstance arises , these signs become public nuisances and may be abated as such. No other signs shall be erected or maintained in any single family zone , as established by the Zoning Ordinance, except for those signs spectifically authorized by the Planning Commission or its authorized representative. Any such signs 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 surrounding properties . Signs so authorized shall be located and erected in a manner satisfactoryto the Director ( of Planning and Development or his authorized representative . (c) SIGNS IN HOTEL AND APARTMENT ZONES. The predominant' t idea in authorizing signs in the hotel and apartment zones is to strive for a onesign complex to eliminate clutter and to promote compatibility , proportion, simplicity and sign effectiveness. 1 (d) SIGN AREA: HOTELS AND APARTMENTS . Regardless of the zone where located, there shall be a basic allowable sign area of twenty (20) square feet, plus one (1) additional square foot of sign area for each separate rental unit to be encompassed in one (1) sign. A separate rental unit i 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 principal sign . The criteria to be used in designing and locating these signs shall be those of proportion, simplicity, utility and compatibility with surrounding uses and development. (e) SIGN AREA: RESORT HOTELS AND RESORT HOTEL COMPLEXES . Regardless of the zone where located, resort hotels and resort hotel complexes , as defined in the Palm Desert Zoning d Ordinance, shall be allowed one and on.ej alf (1 1/2) square feet of sign area per separate rental unit. This allowed sign area shall be encompassed in one (1) sign. The sign area provided in this Article shall include, but not be limited to, accessory service signs and reader panels. Regardless of the number of units, the total sign area for a resort hotel use shall be limited to a maximum of three hundred (300) square feet. Accessory signs shall be prohibi- ted unless designed in conjunction with or made an integral part of the principal sign. The criteria to be used in designing and locating these signs shall be those of proport- ion , simplicity, utility, and compatibility with surrounding uses and development. (f) SIGN AREA: OTHER RESIDENTIAL USES ALLOWED IN A HOTEL AND APARTMENT ZONE. One (1) shadow lighted or unlighted identification sign not exceeding twenty (20) square feet in area shall be permitted for an authorized use, separate and not in conjunction with the hotel or apartment use permitted, such as churches and the like. i (g) SIGNS FOR PUBLIC SAFETY AND CONVENIENCE. When deemed necessary, the Director of Building and Safety, or his authorized representative, may authorize and approve d. signs without permit not to exceed five (5) square feet to be used in conjunction with a use allowed in a hotel or apartment zone to serve the public safety or convenience, ( such as "Entrance" sign, "Office" sign, "Parking" sign and the like . (h) "SUMMER RATE" SIGNS. Signs stating "Summer Rates" shall be allowed from June 15 through September 30 of each year. Such signs shall not exceed two (2) square feet and the letters contained therein shall be designed and located so that they are made an integral part of the principal sign . 1 c (i) USE OF ATTRACTION BOARDS FOR HOTELS AND APARTMENTS. 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. ( 1. The attraction board shall be designed and located so that it is made an integral part of the principal sign. i 2 . If the principal 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 deta { t � letters contained therein shall be designed and located so that they are made an integral part of the principal sign . I I. ( (i) USE OF ATTRACTION BOARDS FOR HOTELS AND APARTMENT'S . 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. { 1. The attraction board shall be designed and located so that it is made an integral part of the principal sign. r 2 . If the principal 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: I ( a. That the size of a 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 and apartment house cannot be indicated on the detached attraction board sign. 3 . The following information shall be allowed on an attraction board sign: a. "Summer Rate" b. Vacancy C. Credit Cards d. TV, color TV e . Pools , therapy pools f. Air conditioning g. . Continental breakfast h. Welcoming conventions . i . Any other information as approved by the Director of Planning and Development. Attraction board signs, except as provided in Section ----, shall not be used to advertise rates or prices . (j ) USE OF ATTRACTION BOARDS FOR RESORT HOTELS. An attraction board may be included in the design and allowable sign area for a resort hotel that has accessory commercial uses, subject to its location and design being approved as provided herein. 1 - 1. The attraction board shall be designed and located so that it is made an integral part of the principal sign . 2. If the principal sign is designed and located on a building in such a manner than 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 a detached attraction board ( sign shall be counted as part of the total allowable sign area. b. The name of the resort hotel cannot be indicated on the detached attraction board sign. 3 . The following information shall be allowed on an attraction board sign: a. Comming and current attractions . b. Type of commercial uses available. (Name of uses not permitted) C . Restaurant and coctail lounge available. (Name of restaurant or coctail lounge not permitted) d. "Summer Rate" e . Welcoming conventions f. Vacancy g. Credit cards h. TV, color TV i. Pools, therapy pools j . Air conditioning k. Continental breakfast 1. Any other information as approved by the Director of Planning and Development. (k) FREE STANDING SIGNS. Free standing signs in hotel and apartment zones shall not be located on the public right- of-way and shall not exceed twenty (20) feet in height for resort hotels or twelve (12) feet in height for hotel, apart- ment and other uses. (1) SALE AND RENTAL SIGNS. Hotel and apartment zones shall be authorized one (1) for sale or rent sign while the property is actually for sale or rent. These signs shall not exeed two (2 ) square feet in area and shall be designed and located in a manner satisfactory to the Director of Planning and Development. Because of the Temporary nature ( of these signs , a minimum fee of two dollars ($2 . 00) shall be required. ( (m) RATE SIGNS . In addition to the other sign usage authorized herein rates or prices of rentals or other accomod-- ations may be indicated by a single sign or attraction board not to exceed eighteen (18) inches by twentgour (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 threequarters (3/4) of an inch in height. The intent orfr this section is to limit the use of hotel rate signs sc5e_ly to the manner provided herein, including the restriction of rate signs that attempt to gain an unfair advantage over f 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, withe the provis- ion fo 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 t of this section shall constitute a public nuisance and may be abated as such. t (n) DOUBLE FRONTAGE LOTS . All sign area allowed in Sections - - through - - inclusive shall be allowed on both frontages for double frontage streets generally parallel { with each other provided that the same use of property extends completely trhough from street to street. ( (o) SIGNS IN COMMERCIAL AND INDUSTRIAL ZONES. The predominant idea in authorizing signs in the commercial and industrial zones is to strive for a onoign complex to eliminate clutter and to promote compatibilty, proportion, simplicity and sign effectiveness. { (p) SIGN AREA. Residential uses in a commercial zone - Article ---- shall apply to residential uses in a commercial zone. (q) SIGN AREA. COMMERCIAL AND INDUSTRIAL USES. Except as otherwise provided in this Article, each separate business { shall be limited to one (1) main sign . Relative thereto, the following sign areas shall apply: 1 . Buildings within one hundred (100) feet 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 signs shall have a surface area no greater than fifty (50) square feet. No such signs bshall 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. { { � f 2 . Buildings 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 ( (100) feet or more from any right-of-way upon which it faces shall not exceed the equivalent of one and one-half (1 1/2) square feet of sign ( area per lineal foot of fraontage which the building has facing on a 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 adjacent to the right-of-way or parking lot from which its maximum allowable size is determined. 3 . Additional sign area for a single business in a building having over fifty 50) feet of frontage. A siQVle business having a lineal frontage on any right-of-way in excess of fifty (50) feet may be ( allowed, in addition to 1 or 2 above, an additional one (1) square foot of sign area for each two (2) feet 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. ( 4 . Frontage 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-way. Location and design of such sign combinations must be approved by the Planning Commission so as to eliminate clutter and incompatibility of signs. ( 5 . Height. The top of such sign shall not be higher than the building on which it is located as measured from { the underside of the eve and in no event higher than twenty (20) feet. t (r) SECOND STORY BUSINESSES . Businesses maintained exclusively on the second floor of a two (2) story building shall be entitled to fifty percent (50%) of the sign area authorized for businesses conducted in single story buildings . r f ( (s) SIGNS FOR PUBLIC SAFETY AND CONVENIENCE. When deemed necessary by him the Director of Planning and Development, or his authorized representative, may authorize and approve f signs not to exceed five (5) square feet per_ face to serve the public safety or convenience , such as "Entrance" signs , "Exit" signs , "Office" signs, "Parking" signs, and the like. (t) SIGN FOR PEDESTRIAN TRAFFIC. Where the principle sign for a business is located so that it cannot be seen f by pedestrian traffic, a sign in addition to that otherwise allowed in this Article shall be permitted. Such a sign shall be no larger than six (6) square feet (three feet on each side if right angles to the street) 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. t (u) PUBLIC PRICING OF MERCHANDISE ON DISPLAY. In addition to the other sign usage authorized herein, where merchandise is physically displayed behind shop windows or otherwise in view of the public, the price of each separate item of such merchandise may be indicated in letters or ( numbers not exceeding thre4EIuarters (3/4) of an inch in height attached or in near proximity to the displayed item. The intent here is to allow such pricing only when it would be a usual and proper adjunct to merchandising the product under consideration . (v) PUBLIC PRICING OF MERCHANDISE NOT ON DISPLAY. In addition to the other sign usage authorized herein, where the goods or services, rentals or sales are not on physical display to the public, the price of such goods, services, rentals or sales may be indicated by a single sign or attraction board not to exceed eighteen (18) by twentyfour (24) inches { and located no .closer than one (1) foot from a window when facing public view, in letters and numbers not to exceed threequarters, (3/4) of an inch in height. The intent there ti is to allow such pricing only when it would be a usual and proper adjunct to advertising the product or service under consideration. t (w) "SALE" SIGNS. While a sale of goods or services is being conducted, a sale sign shall be allowed between ( one (1) and three (3) feet behind the glass line of the show window. Such a sign shall be in addition to, and shall not exceed fifteen percent (15%) of the total authorized sign area but in no event more than five (5) square feet. Such a sign shall not advertise prices and shall be in letters' not to exceed five inches (5 " ) in height. Being temporary in nature , these sale signs shall require a no fee permit. When improperly used, sale signs constitute a public nuisance and may be abated as such. (x) 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. (y) 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 offstreet parking as set forth in --- of 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. i 1. The maximum allowable size for an attraction board shall be twentyfTve (25) square feet if facing on the street; and fifteen 'U,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 ( etertainment only. Attraction boards shall not be used to advertise rates or prices of attractions . (z) GASOLINE SERVICE STATIONS. Gasoline service stations shall be limited to one (1) sign of an area not to exceed thirtryAix (36) square feet on each side. The height of this sign shall not exceed twenty (20) feet. In addition one (1) ten (10) square foot sign fixed flat on the surface of the building shall be allowed. Such signs not complying with the requirements of this Article shall be abated forthwith. (al) SIGNS IN NEIGHBORHOOD AND REGIONAL SHOPPING CENTERS. In addition to the sign area allowed for individual businesses, shopping centers in excess of three and orieholf ( (3 1/2) acres of land shall be allowed one (1) indirectly lighted identification sign on each righppflw ay. Such signs shall not extend beyond the property line or into the right- dLTjay 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 twentRive (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. (bl) 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 Tree standing sign shall not be located on the public rightogway and shall not exceed twelve (12) feet in height. t f (cl) SALE AND RENTAL SIGNS . Commercial and industrial properties shall be authorized one (1) for sale or rent sign while the property is actually for sale or rent. These { signs shall not exceed two (2) square feet in area and shall be designed and located in a manner satisfactory to the Director of Planning and Development. Because of the temporary nature of these signs , a minimum fee of two dollars ($2 . 00) for a permit shall be required. ( (dl) INTERIOR REALTOR SIGNS. In lieu of any other pricing by signs authorized herein, real estate listings and other such supplemental advertising used in conjunction ( therewith may be indicated on not more than three (3) signs and/or attraction boards, no one of which shall be larger in area than onehalf (1/2) the total authorized square footage ( hereunder. Such signs shall be located no closer than one (1) foot from a window facing public view in letters and/or numbers not exceeding threequarters (3/4) inches in height. The total square footage of such signs shall not exceed twenty (20) percent of the total window area on which they face and, in no event, more than twenty l20) square feet. ' ( The intent bf this provision is to allow only such window pricing and other such integrated advertising matter as is deemed conservatively necessary and proper to the merchandising of the properties being advertised. (el) SIGNS IN I ZONES. SIGN AREA. Apartment use in an RTP Zone-. Section ------ shall apply. (fl) SIGN AREA: -TRAILER PARK USE. A trailer park shall be allowed one (1) shadow lighted or unlighted identification sign not exceeding the equivalent of one (1) square foot of sign area per ten (10) lineal feet of trailer park frontage on each rightofway upon which the business fronts . No trailer park sign shall have a surface area greater than thirty (30) square feet when erected parallel to the right- ofway. No such sign shall have a surface area greater than fifteen (15) square feet on each face of the sign wnen erected at right angles to the rightofway. (gl) FREE STANDING SIGNS . Free standing signs shall not exceed eight (8) feet in height. (hl) SALE AND RENTAL SIGNS . Trailer 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 two (2) square feet in area and shall be designed and located in a manner satisfactory to the Director of Planning and Development. Because of the temporary nature of these signs , a minimum fee of two dollars ($2.00) for a permit shall be required. 1 SECTION IV. GENERAL PROVISIONS . The following general sign usage provisions and regulations shall apply. The t basic intent is to protect the public and property owners against a downgrading of aesthetic and property values. Therefore, the additional sign usage authorized hereunder ( shall be strictly construed in its application. (a) SIGNS FACING PRIVATE PROPERTY PROHIBITED. All { +isngs authorized hereunder must be placed on the side of property facing on public or prive right-of-way. (b) REQUIRED INFORMATION ON SIGNS . Every sign shall have the name of the maker, the date of the erection and the permit number . Such information shall be clearly legible and in a conspicuous place on each sign. (c) TRADE CONSTRUCTION SIGNS. One sign advertising the various construction trades shall be permitted on construction sites. Such signs shall not exceed thirty -two (32) square t feet in area, and shall be removed before a certificate of occupancy is issued. f (d) PROPER MAINTENANCE OF SIGNS. The user, owner or lessee of a sign authorized hereunder shall maintain it in a manner satisfactory to the Director of Planning and Development or his authorized representative. All signs shall be maintained. in a neat attractive condition and in adequate repair. (e) COLOR OF SIGNS. All signs regulated by this Ordinance shall contain no more than four (4) colors. Black and white shall. be considered as colors. t (f) "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 i in a manner satisfactory to the Director of Planning and Development or his authorized representative. t (g) DIRECT LIGHTING - SIZE REDUCTION - DIRECTION. If direct lighting, as opposed to shadow lighting, is authorized to illuminate any sign, one half (1/2) of the otherwise authorized sign area shall be permitted. Excessive glare shall be eliminated. ( (h) LAND SUBDIVISION SIGNS. Signs advertising land subdivisions shall be limited to one (1) double-faced sign of twenty (20) square feet per side, placed at a right angle ( to the street or two (2) twenty (20) square foot signs facing the street. Such signs shall be at least two hundred (200) feet apart and shall be placed on the subdivision or on land leased by the subdivider. Such signs shall be removed at the end of two (2) years or when ninety percent (90%) of the subdivision is sold, whichever occurs first. These signs shall not be illuminated. i (i) LEASE POTENTIAL SIGN. One sign advertising lease potential for future development, not to exceed twelve (12) square feet in area, fifteen (15) feet from property lines , shall be permitted for a single parcel multiple unit development. { However, such a sign shall not be erected except during the course of construction of the building or buildings and all such signs shall be removed before a certificate of occupancy is issued for the building. These signs shall face the street and shall not be illuminated. { { (j ) GLARE FROM SIGNS. All illuminated signs in all zones shall be designed in such manner as to avoid undue glare or reflection of light on private property in the surrounding area and shall be erected and located in a . manner satisfactory to the Director of Planning and Development of his authorized representative. (k) 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 satisfactory to the Director of Planning and Development, or his authorized representative. Such signs shall be included in the total authorized sign area. (1) SIGNS - MARQUEES AND CANOPIES. Indirectly lighted or shadow lighted signs shall be permitted on the upper or lower surface of fixed marquees and similar structures the front yard of which faces the public right-of-way, provided 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 (12) inches in height. The location and design of such signs must be approved by the Director of Planning and. Development or his authorized representative. Such shall be included in the total authorized sign area. ( (m) POLITICAL SIGN REGULATIONS. Applicants for political signs, as defined herein, shall comply with the following II requirements : A. The applicant shall post a One Hundred Dollar ( ($100. 00) cash bond with the City to guarantee removal of the political signs. { B. Each sign shall not exceed five (5) square feet in area. ( C. The signs shall not be located closer together than five hundred (500) feet. D. No political signs shall be allowed in any residential zone and shall not exceed the maximum size allowed for signs in the zones where located. E. Such signs shall not be nailed to trees , fence posts or public utility poles and shall not be located in the public right-of-way. F. 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. G. The One Hundred Dollar ($100. 00) bond requirement herein shall also apply to signs located at campaign or party headquarters . H. 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 Planning and Development a map or sketch, or otherwise r adequately locate where the signs will be erected. i ( ( r t ( 1 ( { y i (n) SIGNS FOR PUBLIC AND QUAZI-PUBLIC USES. Directional f and public convenience signs for public and quazi-public uses may be permitted on public property. The design must conform to standard directional sign specifications promulgated ( by the Director of Planning and Development and approved by the Planning Commission. The total number of signs allowed shall be based on the minimumnumber necessary for adequate i public identification as determined by the Director of Planning and Development. ( (o) LOCATION OF RIGHT ANGLE SIGNS. Right angle signs on faces of building shall not extend over eighteeen (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 i extend beyond the property line or into the public right-of- way. i (p) OBSTRUCTION OF PASSAGE. Signs shall not be constructed so as to obstruct any door, window, or fire escape of any building. r (q) Unless otherwise authorized by this Chaper, regardless of the zone where located, no sign shall exceed the maximum ( area allowed to advertise the use being made on the premises. (r) EXCEPTIONS. Nothing herein contained shall prevent i the erection, construction or maintenance of official traffic, fire and police signs, signals, devices and markings of the State Department of Public Works , the City Council or of other competent public authorities , or the posting of the notices required by law. i (s) SPECIAL PERMITS. 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, no injurious to adjacent property or improvements . (t) 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 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. ( ( SECTION V. VARIANCES. (a) VARIANCES TO BE GRANTED BY PLANNING COMMISSION. The Palm Springs Planning Commission shall, upon the verified application of any property owner, grant variances from the provisions of this Ordinance for the erection and maintenance ( of signs when practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this Ordinance would otherwise occur. (b) EFFECT OF VARIANCES. All actions of the Planning Commission and the City Council when an appeal is taken ( under this Section shall be construed as administrative actions for the purpose of assuring that inequities in specific situations may be avoided by granting a variance i and shall not be construed as amendments to the provisions of this Ordinance. ( (c) SPECIAL CIRCUMSTANCES. Before a variance can be granted, special circumstances, involving size, shape, topography, location or surroundings must attach to the t property referred to in the application which do not apply generally to other properties in the same district. i (d) SPECIAL PRIVILEGE PROHIBITED. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. (e) ABSENCE OF DETRIMENT. The granting of the variance must not result in material damage or prejudice to other property in the vicinity nor be detrimental to the public safety or welfare. (f) FILING OF APPLICATION. Applications for variances shall be made in writing on forms provided by the City for that purpose. (g) CONTENTS OF APPLICATION. The Planning Commission; from time to time, shall prescribe the information to be provided in the application for variance. (h) MAINTENANCE OF FILE. Such applications shall be i numbered consecutively in the order of their filing and shall become a part of the permanent official records of the City. Copies of all notices, reports and actions pertaining ( thereto shall be attached to each application. ( ( (i) FILING FEE. A uniform fee of fifty dollars ($50 . 00) ( shall be paid to the City upon filing of each application for variance for the purpose of defraying expenses resulting from the proceedings. (j) REFERENCE OF APPLICATION TO COMMISSION. Each such application shall immediately be referred to the Planning ( Commission for hearing as herein provided. (k) INFORMATION REQUIRED WITH APPLICATION FOR VARIANCE. The application for a variance shall set forth in detail such facts as may be required by the Planning Commission which relate to the conditions required for granting a { variance. (1) DESCRIPTION, USE OF PROPERTY: SIGNS. Each application ( shall contain the legal description of the property .involved and the property use, along with the complete plans. of all ( proposed signs and the location of existing signs . (m) SPECIFICATION OF REGULATION INVOLVED. Each application shall contain a reference to the specific provisions of this ( Ordinance from which such sign is sought to be exempted. (n) INVESTIGATION OF APPLICATION FOR VARIANCE. The Planning Commission shall cause such investigations of facts bearing on the application to be made as will provide necessary information to assure that the action on each application is consistent with the intent and purpose of this Ordinance. (o) HEARING ON APPLICATION : SETTING FOR HEARING. Upon referral .to the Planning Commission of the application for variance, the Commission shall fix a time and place of hearing not more than thirty (30) days thereafter. (p) NOTICE OF HEARING. Notice of the time and place of such hearing shall be given to the applicant pursuant to the provisions of the Zoning Ordinance relative to hearings on the application for a variance. (q) RECORD OF HEARING. A summary of all pertinent testimony offered at the hearing shall be recorded and made a part of the permanent files of the case. (r) CONTINUANCE OF HEARING. A hearing may be continued by oral pronouncement prior to its close. (s) FINDINGS OF THE PLANNING COMMISSION: TIME FOR REPORT. Within ten (10) days after the conclusion of the hearing, the Commission shall render its report and conclusion. t (t) GRANTING OR DENIAL OF VARIANCE. In the event the Commission determines that the ncessary conditions in support of a variance apply to the property reffered to in the application, it may grant the variance either with or without conditions . Otherwise, it shall deny the same. , (u) EFFECTS OF COMMISSION ACTION. The action of the Planning Commission shall be effective immediately after the issuance thereof. ( (v) APPEAL TO COUNCIL. In the event the application is denied by the Planning Commission, the applicant may, ( within ten (10) days from the date of the order of denial, appeal the order to the City Council by delivering to the City Clerk a written and signed notice stating in detail the { grounds of such appeal. The City Clerk shall, without delay, deliver the appeal to the Council at its next meeting, at which time the applicant shall be entitled to be heard. (w) REVIEW BY COUNCIL: NOTICE OF DECISION. The Council shall, at such meeting or the one next succeeding, review such order and record it decision thereon with the i City Clerk, who shall without delay cause a copy of such decision to be served on the applicant by depositing same in the United States mail, postage prepaid, addressed to the applicant at applicant's last known Post Office address. SECTION VI. ENFORCEMENT. (a) TERRITORIAL APPLICATION OF ORDINANCE . The provisions of this Chapter shall apply to all territory within the City of Palm Springs . ( (b) DUTY TO ENFORCE ORDINANCE. It is the duty of the Director of Planning and Development to enforce all of the provisions of this Chapter. t (c) INTERFERENCE WITH ENFORCEMENT. It is unlawful for anyone to interfere with the Director of Planning and Development ( in the performance of his duties . (d) 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 Springs in effect at the time such sign was constructed or erected, be and they are hereby made subject to the provisions of this S Ordinance. Such signs shall be made to conform and comply with such requirements as soon as reasonably possible after the effective 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 matter ( provided by Ordinance -of the Palm Desert Ordinance Code. r (e) REMOVAL AND AMORTIZATION PERIOD. Any sign which is nonconforming to the requirements of this Ordinance, either by variance previously granted or by conformance to the existing sign regulations at the time 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 dating from the effective date of this Ordinance. Such nonconforming signs may be abated forthwith upon the payment of the cost of removal and the remaining value of said sign, as determined from the cost of the permit and based upon a depreciation schedule for such sign as follows: { AMORTIZATION SCHEDULE PERMIT VALUE OF SIGN PERIOD FOR REMOVAL r $10. 00 or less Immediately $10.01 to $100 .00 1 Year $100.01 to $500. 00 2 Years $500. 01 to $750. 00 3 Years $750 .01 to $1,000. 00 4 Years $1, 000. O1, to $2,500.00 5 Years $2, 500.00 to $5, 000.00 7 Years Over $5,000 .00 10 Years (f) SEPARABILITY. If any section, subsection, sentence, clause or phrase of thie Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase hereof irrespective of the fact that any one or more of the sections , subsections , sentences , clauses or phrases hereof be declared invalid or unconstitutional. (g) 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 Fundred Dollars ($500. 00) or by imprisonment for a period not exceeding six (6) months, or both such fine and imprisonment. SECTION VII. The City Clerk is hereby directed to cause this ordinance to be posted in three public places , in accordance with Resolution No. 74-17 and Section 36933 of the Government Code of the State of California. PASSED, APPROVED and ADOPTED this day of 1974, by the following vote : { AYES: NOES: ( ABSENT: t HENRY B. CLARK, Mayor { City of Palm Desert, California ATTEST: t { HARVEY L. HURLBURT, City Clerk City of Palm Desert, California f { { { t , t t 1 t t t Q k�� i i I. I . .I: 1 N . 1 Z _ � S I Y , t 1 a s`p; v f a .1 r � o �Yf LL 17 } . i' n' r , H I a a , Z s X IL z � - i n dµ r - t o 1 �.I 1 y O Y f 1 r , L: r i I o Z �? + i Y � - 01 _� 7-0 aI - i I x � t l>1 r.r) I I1 �Q = 03 I I } Chi:I `1 i ! I 1 I -L 'I II F z t. - -I F- y i. I f �� � L � II �`�� �-� O I ' 0 � I � I Z ---- i 4 f I i 1 .I f�