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HomeMy WebLinkAboutOrd 1331 - ZOA 17-070 Freeway-Oriented Monument SignsORDINANCE NO. 1331 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: CONSIDERATION TO APPROVE A ZONING ORDINANCE AMENDMENT TO REVISE PALM DESERT MUNICIPAL CODE CHAPTER 25.56 SIGNS AND MODIFY SECTION 25.99.020 LAND USE DEFINITIONS TO ALLOW FOR FREEWAY -ORIENTED MONUMENT SIGNS ON PLANNED COMMERCIAL CENTERS ABUTTING INTERSTATE 10 SUBMITTED BY: Eric Ceja, Principal Planner APPLICANT: Fountainhead Development c/o: Ms. Vasanthi Okuma 1401 Quail Street, Suite 100 Newport Beach, CA 92603 CASE NOS: ZOA 17-070 DATE: September 7, 2017 CONTENTS: 1. City Council Ordinance No. 1331 2. Planning Commission Resolution No. 2705 3. Planning Commission Meeting Minutes of August 1, 2017 4. Draft Planning Commission Meeting Minutes of August 15, 2017 5. Exhibit A — Chapter 25.56 Signs (Redline Version) 6. Exhibit B — Chapter 25.56 Signs (Clean Version) 7. Exhibit C — Section 25.99.020 Land Use Definitions 8. Applicable Commercial Properties Exhibit 9. Applicant's Request Letter 10. Letter from Noble & Company dated August 8, 2017 11. Proposed Freeway Sign Exhibit Recommendation Waive further reading and pass Ordinance No. 1331. amending Chapter 25.56 Signs and Section 25.99.020 Land Use Definitions to allow for freeway - oriented monument signs for planned commercial centers greater than 10 acres in size. Strategic Plan Obiective Envision Palm Desert —* Forward Together is the foundational document used to establish a guiding vision for the City and sets priorities to nine strategic areas of focus. These Staff Report ZOA 17-070 Freeway -Oriented Monument Signs Page 2 of 4 September 7, 2017 municipal code amendments will allow planned commercial centers with Interstate 10 freeway frontage the ability to place freeway -oriented monument signs for advertising purposes, subject to review and approval of a sign program by the Architectural Review Commission (ARC). The proposal to allow for these types of signs executes the following principles of the Strategic Plan: 1. Economic Development Priorities: "Expand and raise awareness of business -friendly services in order to retain and attract business." 2. Land Use, Housing, and Open Space Priorities: "Enhance Palm Desert as a first- class destination for premier shopping and national retail businesses." The proposed Zoning Ordinance Amendment (ZOA) accomplishes these goals by supporting the visibility of commercial centers along Interstate 10, and provides sign design criteria that build on the high -quality image of the City. Executive Summary Approval of this ZOA will revise Chapter 25.56 Signs and allow planned commercial centers greater than 10 acres in size and abutting the Interstate 10 the opportunity to use freeway - oriented monument signs, subject to review and approval from the City's ARC. The ZOA allows for a single freeway -oriented monument sign, up to 40 feet in height and 400 square feet in area, for planned commercial (PC) centers meeting the criteria mentioned above. In addition, PC centers with at least 1,600 feet of lineal frontage along the Interstate 10 are eligible for a second freeway -oriented monument sign. Planning Commission Recommendation The City's Planning Commission held a public hearing to consider the amendments to the Zoning Ordinance at their meeting on August 1, 2017. At that meeting, the Planning Commission continued the request to allow staff to research exceptions for additional monument signs and additional monument sign height. On August 15, 2017, the Planning Commission unanimously adopted a resolution recommending approval of the ordinance to the City Council and requested that staff develop language in the ordinance to allow for height exceptions for architectural projections and enhancements. Background In May 20) 7, the City Council approved the Monterey CrossingSpecific�Plan for an 18-acre PC center bounded by Monterey Avenue to the west, Dinah S ore Drive to the south, and Union Pacific Railroad to the north. As part of that development, the applicant submitted a Sign Program for review by the ARC. The Sign Program included design criteria for building -mounted signs, monument signs along Dinah Shore Drive, and taller freeway - oriented monument signs shown at a height of 40 feet. The Sign Ordinance does not permit these types of larger freeway monument signs and, as a result, the ARC did not approve the use of the signs. However, the ARC did provide specific design criteria for freeway monument signs, should they be approved in the future. The ARC was generally receptive to the proposed design. Staff Report ZOA 17-070 Freeway -Oriented Monument Signs Page 3 of 4 September 7, 2017 Prior to City Council approval of the project, the applicant for Monterey Crossing submitted a ZOA requesting that the Sign Ordinance (P.D.M.0 Section 25.56) be amended to allow for freeway -oriented monument signs. The proposed amendment was not considered by the City Council when they reviewed the overall project in order to allow staff to study the matter further. Project Description Fountainhead Development has requested a ZOA to allow up to two (2) "high -quality" freeway -oriented monument signs for PC centers greater than 10 acres in size and located along the Interstate 10. As requested, freeway -oriented signs would have a maximum height of 40 feet and a maximum sign area of 450 square feet. PC centers would be allowed one (1) monument sign for every 500 feet of freeway frontage, with a maximum of two (2) monument signs per center. However, after review with the Planning Commission the ordinance has been modified from the applicant's original request to the following: • Require ARC review and approval as part of a Sign Program. • Require enhanced and artistic design. • Limit maximum sign height to 40 feet. • Limit maximum sign area to 400 square feet. • Limit one (1) sign per PC center. • Allows a second sign for centers with greater than 1,600 feet of lineal frontage. • Limit signs to PC development of at least 10 acres in size. Discussion Staff has reviewed the applicant's request and has studied ordinances from other jurisdictions that allow for these types of freeway monument signs. Many cities in Southern California with freeway frontage allow for these types of signs, subject to specific criteria for design, maximum height, sign area, and content. In the Coachella Valley, four (4) cities permit freeway -oriented signs: Palm Springs, Cathedral City, Indio, and Coachella. Of the cities researched staff has identified the following: Palm Desert Freeway Monument/Pylon Signs Riverside Moreno Valley Murrietta Indio Cathedral City Coachella Palm Springs (proposed) Commercial Commercial Shopping Commercial Commercial Commercial Highway Planned Complexes and Centers Centers Complexes and Industrial and Industrial Commercial Commercial Commercial projects (PCC properties complexes Applicability Mixed Use and l-1 zones) 110 sq. ft. - 500 400 sq. ft. 400 sq. ft. 150 sq. ft. / 175 sq. ft. 150 sq ft. / 400 sq. ft. Sign Area sq. ft. advertiser business sign Sign Height 25' - 60' 45' 45' 25' - 100' 50' 25' - 55' 25' - 75' 40' No. of Signs 2 1 1 1 1 1 1 l or 2 Incorporate Approval by Approval as Approved by Approved by PC Approval by river rock and City Council part of a Sign ARC and PC ARC as part of a Additional Criteria City logo Program Sign Program The Planning Commission was supportive of the applicant's request, and recommended minor changes to ensure appropriate sign scale and size. The Planning Commission also asked staff to develop additional language in the ordinance to ensure that sign architectural quality was not hindered by too restrictive of a maximum sign height limit. Staff has Staff Report ZOA 17-070 Freeway -Oriented Monument Signs Page 4 of 4 September 7, 2017 incorporated the following language into the ordinance to allow for additional sign height flexibility: "Freeway -oriented monument signs may be granted deviations of up to 20 percent with regard to sign height and total sign area. Deviations are only granted for artistic and overall design quality." As proposed one monument sign is permitted for PC centers greater than 10 acres in size and abutting Interstate 10. Five (5) PC centers meet this criterion: Monterey Shores (Costco), Desert Country Plaza (EoS Fitness), Key Largo (west of Costco), Millennium, and Monterey Crossing. The Planning Commission and ARC recommended that PC centers, with freeway frontage greater than 1,600 lineal feet, be granted one (1) additional monument sign. The 1,600 lineal feet of frontage is the same standard applied to monument signs for PC centers throughout the City. The criterion proposed is intended to balance the needs of freeway adjacent businesses with the City's desire to not over -populate areas with excessive signage. CEQA The Director of Community Development has determined that the proposal to amend the Zoning Ordinance to allow for freeway -oriented monument signs qualifies for an exemption under Class 11 — Section 15311 "Accessory Structures" and that the action to amend the Sign Ordinance to allow for on premise signs will not have a negative impact on the environment. At their meeting on August 15, 2017, the Planning Commission adopted a Notice of Exemption for the proposed ZOA. Fiscal Analysis The amendments to the Zoning Ordinance and Zoning Map have no direct fiscal impact on the City's General Fund. Submitted By: (/ A - Eric Ceja, Prin%pal Planner Department Head: Ryan Stendell, Director of Community Development Approval: Lauri Aylaian, City Manager ORDINANCE NO. 1331 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPROVING A ZONING ORDINANCE AMENDMENT TO REVISE PALM DESERT MUNICIPAL CODE SECTION 25.56 SIGNS AND MODIFY SECTION 25.99.020 LAND USE DEFINITIONS TO ALLOW FOR FREEWAY -ORIENTED MONUMENT SIGNS ON PLANNED COMMERCIAL DEVELOPMENTS ABUTTING INTERSTATE 10 ZOA 17-070 WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did on the 14th day of December, 2016, review a proposed design for a freeway - oriented monument sign and provided comments related to specific design criteria and review requirements for freeway -oriented monument signs; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of August 2017, hold a duly noticed public hearing to consider the request by the Fountainhead Development for approval of the above noted; and WHEREAS, the Planning Commission continued the request to their meeting on August 15, 2017, to allow additional sign design review by the City's Architectural Review Commission and for staff to research allowances for additional monument sign standards for height and quantity; and WHEREAS, the Planning Commission, at their meeting on August 15, 2017, voted unanimously to recommend approval of the zoning ordinance amendment to the City Council, subject to additional language that allows for greater flexibility in sign height and size for more artistic and architectural sign designs; and WHEREAS, the use of freeway -oriented monument signs support planned commercial centers by providing additional visibility to travels along Interstate 10 and capitalizes on the visual benefits of freeway frontage; and WHEREAS, design criteria established in this ordinance will ensure that freeway - oriented monument signs will require enhanced architectural embellishments to enhance the visual appearance of planned commercial centers; and WHEREAS, the placement, maximum sign height, and sign limitations ensure that freeway -oriented monument signs are used sparingly and will minimize visual impacts to surrounding vistas, WHEREAS, the City Council of the City of Palm Desert, California, did on the 7th day of September, 2017, hold a duly noticed public hearing to consider the request by Fountainhead Development for approval of a zoning ordinance amendment, and has determined that the amendments to Zoning Ordinance Chapters 25.56 and 25.99.020 are consistent with the General Plan; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said request: ORDINANCE NO. 1331 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety and welfare of the residents and businesses of Palm Desert within the City limits. SECTION 2. Adoption of amendments to Chapter 25.56 "Signs" of the Citv's Zoning Ordinance as identified in Exhibit "B" attached to this Ordinance. SECTION 3. Adoption of amendments to Chapter 25.99.020 "Land Use Definitions" of the Citv's Zoning Ordinance as identified in Exhibit "C" attached to this Ordinance. SECTION 4. Severabilitv. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 5. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 7th day of September. 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA G:\Planning\Eric Ceja\Case Files\ZOA\ZOA 17-070 Freeway Mon. Signs\CC Ord..doc PLANNING COMMISSION RESOLUTION NO. 2705 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO THE CITY COUNCIL TO REVISE PALM DESERT MUNICIPAL CODE SECTION 25.56 SIGNS AND MODIFY SECTION 25.99.020 LAND USE DEFINITIONS TO ALLOW FOR FREEWAY -ORIENTED MONUMENT SIGNS ON PLANNED COMMERCIAL DEVELOPMENTS ABUTTING INTERSTATE 10; AND ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: ZOA 17-070 WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did on the 14`h day of December, 2016, review a proposed design for a freeway - oriented monument sign and provided comments related to specific design criteria and review requirements for freeway -oriented monument signs; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15t day of August 2017, hold a duly noticed public hearing to consider the request by the Fountainhead Development for approval of the above noted; and WHEREAS, the Planning Commission continued the request to their meeting on August 15, 2017, to allow additional sign design review by the City's Architectural Review Commission and for staff to research allowances for additional monument sign standards for height and quantity; and WHEREAS, the Planning Commission suggested that language be incorporated into the ordinance to allow for greater flexibility in sign height and size for more artistic and architectural sign designs; and WHEREAS, the use of freeway -oriented monument signs support planned commercial centers by providing additional visibility to travels along Interstate 10 and capitalizes on the visual benefits of freeway frontage; and WHEREAS, design criteria established in this ordinance will ensure that freeway - oriented monument signs will require enhanced architectural embellishments to enhance the visual appearance of planned commercial centers; and WHEREAS, the placement, maximum sign height, and sign limitations ensure that freeway -oriented monument signs are used sparingly and will minimize visual impacts to surrounding vistas, WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: PLANNING COMMISSION RESOLUTION NO. 2705 A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations and design criteria related to sign size, placement, and aesthetics. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Municipal Code amendment to Section 25.56 Signs and 25.99.020 Land Use Definition as shown in Exhibit "B" and Exhibit "C" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15311 — Class 11 in that CEQA exempts on -premise signs from environmental review. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, Califomia, at its regular meeting held on the 15`" day of August 2017 by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 NANC'(/?ELUNA, CHAIRPERSON MINUTES PALM DESERT PLANNING COMMISSION AUGUST 1, 2017 Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2704 to approve Case No. PP 17-093, subject to conditions. Motion was seconded by Vice Chair Pradetto and carried by a 4-0-1 vote (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: Holt). C. REQUEST FOR CONSIDERATION to adopt a resolution recommending approval to the City Council to adopt a Zoning Ordinance Amendment to revise Palm Desert Municipal Code 25.56 Signs and modify Section 25.99.020 Land Use Definitions to allow for freeway -oriented monument signs on commercially zoned developments abutting Interstate 10; and adopt a Notice of Exemption under the California Environmental Quality Act. Case No. ZOA 17-070 (Fountainhead Development, Newport Beach, California, Applicant). Mr. Ceja reviewed the staff report (staff report is available at www.citvofoalmdesert.ora). He recommended the following standards to be applied to freeway -oriented signs: 1) require the Architectural Review Commission (ARC) review and approval as part of the sign program; 2) limit the maximum height to 40 feet; 3) limit maximum sign area to 400 square feet; 4) limit to only one (1) sign per project; and 5) limit to Planned Commercial (PC) development of at least 10 acres in size. He concluded his report and mentioned that the applicant has a presentation for the Commission to view. Chair DeLuna referred to a rendering, and inquired if the sign would be a bright orange. Mr. Ceja believed that the sign would be beige. There is a perforated metal element, which may give the sign an orange glow. Chair DeLuna clarified that staff is recommending one sign per project. Therefore, at the Monterey Avenue interchange there would possibly be two signs. Mr. Ceja remarked that there would possibly be three signs. Commissioner Gregory voiced his concern with the menu aspect of the sign. He said when a sign starts to get a lot of business names; it becomes more difficult to read. Mr. Ceja stated that in the current ordinance, there is no limit. When a sign is reviewed by the ARC, they look at the overall monument design and how many menu signs fit within the monument sign. In the past, Commissioner Gregory said there was a philosophy that signage was helpful for the smaller stores that were not easily seen from certain locations. If there is a large box store with its name hugely printed on the side, would it be 6 G \Planning\Monica OReilly\Planning Commission\2017\Minutes\8-1-17.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 1, 2017 superfluous having that stores name on the monument sign, or is it an opportunity for a smaller store to show that they are located there too. Mr. Ceja answered that the applicant can address Commissioner Gregory's questions. He mentioned two things staff has learned through the process: 1) because of the speeds people are traveling on the freeway and the distance from the freeway, the sign letters have to be a specific height to be visible and readable; and 2) major tenants on a menu sign is what draws people into a center. Commissioner Greenwood clarified that the intent of the application before the Planning Commission is to modify the Zoning Ordinance. He asked if the Commission is also approving the sign design. Mr. Ceja replied that the Commission is not approving the design. The rendering that the Commission viewed is a potential sign, if the ordinance is amended. Commissioner Greenwood reaffirmed that if the Zoning Ordinance Amendment (ZOA) is approved, a freeway -oriented monument sign would go to the ARC for review and approval based on the standards recommended by staff. Mr. Ceja replied yes. Commissioner Greenwood inquired how staff felt if large monument freeway - oriented signs went before the ARC, as well as the Planning Commission for review and approval. Mr. Ceja responded that staff has language incorporated for a sign program to be reviewed by the ARC in the current ordinance. If the Planning Commission would like to specifically review freeway -oriented signs, staff could change the language and modify the process. Chair DeLuna declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. ERIC SCHNEIDER, Newport Beach, California, thanked the Commission for their time. He felt that the freeway monument signs for Monterey Crossing were aesthetically subtle but first in class. Commissioner Gregory brought up two important points for the reasons for having two signs and not one. He stated that as proposed, two signs would allocate positions for approximately half of the anticipated tenants. If it is limited to one sign, it would only allow for a quarter of the tenants. Addressing Commissioner Gregory's comment regarding an anchoring tenant, there is no anchor tenant for the Monterey Crossing. The development is unique, exciting, and a gateway that would provide an assortment of food users and services that cannot be identified with a Walmart, Lowe's, or a Home Depot. Mr. Schneider stated that they listened to the ARC, 7 G \Planning\Monica OReilly\Plannmg Commission\2017\Minutes\8-1-17 docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 1, 2017 and they were mindful of the number of tenants on a high sign. Following the guidelines and suggestions by the ARC, they chose to stay within the building limit lines to keep the sign small and subtle but elegant. In conclusion, he expressed that the Monterey Crossing is a unique project and felt it is worthy of two signs. MS. VASANTHI OKUMA, Fountainhead Development, Newport Beach, California, stated that it was not too long ago that she was in front of the Planning Commission and the City Council describing their project proposal, which was extremely well received in terms of the design. For the type of center they have proposed, they have a need for signage. She explained that they understood the City's concerns, and they designed a sign that is artistic and in scale with the buildings. She also explained that the backdrop of the design is a rust color, with metal and steel materials that would blend in with the architecture of the center. To compare their signage to others, Ms. Okuma provided a PowerPoint presentation displaying pictures of various freeway signs in other cities. Lastly, she hoped that the Planning Commission would consider their sign proposal, which would make the Monterey Crossing very successful. Commissioner Greenwood asked if the tenant's name would be identical on both sides of the sign. MS. OKUMA replied that the tenant's name would be identical on both sides. She noted that there would not be enough panels for every tenant in the center. MR. ROBIN BELL, AD/S Sign Designers & Fabricators, Corona, California, stated that his firm has built most of the pylon signs in southern California. In regard to the sign menu, he mentioned they originally requested a 450-square- foot sign. The further back a sign is placed, the more difficult it is to read. He communicated that the proposed sign for Monterey Crossing is the most elegant he has seen come out of their factory in about 10 years. Commissioner Gregory remarked that it is a nice looking sign. MR. TOM SWIECA, Fountainhead Development, Newport Beach, California, stated that for the last two years they worked with City staff and have truly enjoyed the relationship. They have created something that is elegant, they are thrilled with the architecture, and the location of the project; the gateway to the City of Palm Desert. The main purpose for a freeway sign is to allow their tenants the ability to have exposure to the market place. Consequently, the number of panels requested is important because they have more than five tenants in the center. Mr. Swieca conveyed that they are very sincere in bringing a product the City of Palm Desert would be proud of; however, the most important reason for the freeway signage is to give their tenants the ability to succeed. 8 G \ Planning \Monica OReilly\Planning Commission \2017\Minutes\8-1-17 docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 1, 2017 Chair DeLuna asked Mr. Swieca if they have signed any leases with tenants indicating signage rights. MR.SWIECA responded that their leases are contingent upon getting freeway signage. The signage is very important as far as their tenants are concerned. MR. TOM NOBLE, Palm Desert, California, noted that the proposal reads commercially zoned properties. He said most of the property along Dinah Shore Drive and the freeway is service industrial properties. He asked if the proposal includes service industrial properties. Mr. Ceja responded that the proposed ZOA does not apply to service industrial properties; only planned commercial centers. MR. NOBLE stated that a lot of the uses in the Service Industrial (SI) zone are commercial in nature. Therefore, he requested that the proposal be revised to include Planned Commercial (PC) or SI zones. Secondly, he also requested that signs be located on a parcel where the sign does not interfere with the signage exposure of adjoining properties. To be clear, Chair DeLuna asked Mr. Noble if he is requesting the ability to have other properties in the SI zone included in the ZOA, so as an effect there would be more signs along the freeway. MR. NOBLE replied yes. He pointed out that two of the three locations Mr. Ceja referred to are in a SI zone. With no further testimony offered, Chair DeLuna declared the public hearing closed. Commissioner Greenwood understood the need for signage and the need for tenants get exposure. He felt that Palm Desert has done an exceptional job with the attention that has been given to monument signs within the City. He said Monterey Crossing is first class and it is exciting to see the project come into fruition. He also understood that the Planning Commission is not approving the sign design, but the sign would go before the ARC. In terms of the quantity of signage, he agreed with staff and is comfortable with one monument sign. However, he is interested in having a request for a second monument sign go through the Conditional Use Permit process for the Planning Commission's consideration. Vice Chair Pradetto mentioned a cap -and -trade sign program. He explained that if they cap the number of signs, each development can have a right to a sign. However, if they wanted to sell their sign rights to the developer for a second sign, it would limit the number of signs. 9 G \Planning\Monica OReilly\Planning Commission \2017\Minutes\8-1-17 docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 1, 2017 Commissioner Greenwood said if the City only allows for one sign with a limited height, there is a functional need to display as many tenants as possible. However, it hampers the ability of any good sign designer to clearly articulate a sign. He would be more in favor if there were four signs with a single tenant and the design stood out as something consistent with the aesthetic of the overall development and a great design piece. Commissioner Gregory stated that it is difficult to set a policy where one size fits all. He believed that the Planning Commission could agree that the Monterey Crossing has a fine sign design. He is concerned that someone in the future would come up with a sign that is not quite as good. He is also concerned with proportion. He said a monument sign that is 400 feet back from the roadway and only 40 feet tall would be difficult to read. He wondered if the signs would be more effective if they were a little larger. He is concerned with all the variables. If Commissioner Gregory is considering placing signs closer to the freeway, Chair DeLuna stated that there are railroad tracks to contend with at the location for the Monterey Crossing center. Commissioner Gregory remarked that he does not want signs closer to the freeway. He explained that the signs are so far back for the Monterey Crossing project that he could see the signs being larger. However, if another project is 200 feet back, then he wouldn't feel comfortable with the size. It is a matter of proportion. Chair DeLuna commented that if there are two signs on the Monterey Crossing project, there could possibly six signs at the Monterey Avenue interchange. She asked if that is correct. Mr. Ceja replied that is correct. Chair DeLuna said with the possibility of six signs, it will become a cluster of signs. It will be unsightly and maybe not the safest way to demonstrate the shopping opportunities. She felt staff has done a careful job and a lot of research. She felt that the signs for Monterey Crossing was very well done and in extremely good taste. She suggested they follow staff's recommendation, subject to the conditions. Commissioner Gregory commented that he would be more okay with having one sign as suggested by staff. However, he felt the sign should be a little larger otherwise it would look like clutter. In other areas, it would be different because of the setback. Chair DeLuna asked Commissioner Gregory why he felt it would look like clutter. 10 G \Planning\Monica OReilly\Planning Commission \2017\Minutes\8-1-17 docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 1, 2017 Commissioner Gregory replied that signs for Monterey Crossing would not be accomplishing its goal of attracting attention and inducing people to shop. Mr. Ceja handed the Planning Commission a picture of a sign at 65 feet in height that was prepared by the applicant. Chair DeLuna inquired if the applicant would want one sign at 65 feet, and then there would be the possibility of having four signs at 65 feet at the Monterey Avenue interchange. Mr. Ceja believed that the 65-foot sign would only be a single sign for Monterey Crossing. As a result, it would increase the sign height to 65 feet, but only have one sign per center so there would be three signs at the Monterey Avenue interchange instead of six. Vice Chair Pradetto said one option is instead of limiting to one sign, they could say a certain number of square footage of sign space that could allow for 12 monument signs. He said it would leave enough design guidelines where an applicant can go to ARC with some proposals, and potentially the Planning Commission for review. Mr. Ceja offered a compromise to have a single monument sign reviewed by the ARC. There could be exceptions to allow for two signs or a taller sign, if approved by the Planning Commission. He said staff would need help to identify the exceptions. Chair DeLuna responded that she would need to see the site with a 65-foot sign. She communicated that the City of Palm Desert has a certain character, style, and standards. She expressed that the sign design for Monterey Crossing has exceeded all of their expectations. She does not want to see a lot of signs or see really tall signs at the Monterey Avenue interchange. The signs are distracting and it is not what Palm Desert is about. Commissioner Greenwood understood Chair DeLuna's sentiments. He commented that the ARC does not take signage lightly. He said if there is a base ordinance that allows for the monument signs with a base limit and the design is as such, it would warrant an approval from ARC and the Planning Commission. Commissioner Gregory asked if story poles could be considered to demonstrate the height of a sign. Mr. Ceja replied that staff would prefer not see story poles. They are thin poles and you cannot get a sense of the scale of what the height of a sign could be. With computer imaging today, staff prefers to use renderings. 11 G \ Planning \Monica OReilly\Planning Commission \2017\Minutes\8-1-17 docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 1, 2017 Commissioner Gregory commented that he is in the industry. He knows that they could make perspectives look really good or really bad. He felt it was incumbent of the Planning Commission to not preclude good design, especially if the proportion is right. Chair DeLuna asked if the request for two signs would have to be 1,500 feet apart. If the Planning Commission is looking at two signs, Mr. Ceja suggested using existing language in the current code for freestanding monument signs at commercial centers. A second monument sign is permitted at 1,600 lineal feet and separated by a minimum distance of 400 lineal feet. Chair DeLuna asked if the Commission has a choice between two signs that are 40 feet in height, one sign that is 65 feet in height, or staff's recommendation of one sign at 40 feet. Mr. Ceja made clear that Fountainhead Development is not requesting a taller sign; the applicant is requesting multiple signs. He noted that the Planning Commission could consider additional height for the signage. Commissioner Gregory asked what the total lineal footage of the centers abutting Monterey Avenue is on both sides. Mr. Ceja replied approximately 5,000 feet. Chair DeLuna inquired if the Planning Commission felt that they need to further study freeway -oriented monument signs. Commissioner Greenwood asked if the ARC has reviewed the sign design for Monterey Crossing. Mr. Ceja replied yes. The ARC reviewed the sign, but they could not approve the sign because the current code does not allow for freeway -oriented monument signs. For clarification purposes, if the Planning Commission recommends approval of the ZOA to the City Council and the Council approves the amendment, the Monterey Crossing sign design will formally be reviewed by the ARC. Mr. Ceja replied that is correct. Vice Chair Pradetto asked how much time staff would need if he moved to continue this item. 12 G \Planning\Monica OReilly\Planning Commission \2017\Minutes \8-1-17 docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 1, 2017 Mr. Ceja responded two weeks, which would be the Planning Commission meeting scheduled for August 15. Commissioner Greenwood interjected that he would be interested to have formal comments and review by the ARC in regard to the Monterey Crossing sign design prior to the Planning Commission meeting on August 15. Mr. Ceja replied that the ARC will meet on August 8, and he would add the Monterey Crossing sign design to their agenda. Vice Chair Pradetto moved to, By Minute Motion, continue Case No. ZOA 17-070 to August 15 so City staff could further study the ZOA; and receive formal comments and review by the ARC regarding the design for the Monterey Crossing freeway - oriented monument sign. Motion was seconded by Commissioner Greenwood and carried by a 4-0-1 vote (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: Holt). D. REQUEST FOR CONSIDERATION to adopt a resolution recommending approval to the City Council to adopt a Zoning Ordinance Amendment to amend and retitle Palm Desert Municipal Code Section 25.34.120 Medical Cannabis Use to Cannabis Use and Regulations and Sections 25.16 Commercial and Industrial Districts and 25.18 One Eleven Development Code to allow for cannabis businesses within the City, subject to a Conditional Use Permit; and adopt a Notice of Exemption under the California Environmental Quality Act. Case No. ZOA 17-027 (City of Palm Desert, California, Applicant). The Planning Commission was provided with a PowerPoint presentation and an oral interpretation of the staff report by Mr. Ceja (staff report is available at www.citvofpalmdesert.orq). He noted that it has taken City staff over a year to draft the cannabis ordinance due to the constant changes at the State level. Consequently, the Commission may see the cannabis ordinance again in a relatively short time. Staff recommended approval to the City Council of the ZOA for adult -use of cannabis and commercial cannabis operations. He offered to answer any questions. Commissioner Greenwood asked if the definition of commercial also pertains to retail. Mr. Ceja replied that is correct. Commissioner Greenwood inquired if there is a map of the Downtown District Overlay that has been omitted from retail opportunities. He asked where the retail opportunities exist within the City of Palm Desert. 13 G,\Planning \Monica OReilly\Planning Commission \2017\Minutes \8-1-17 docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2017 A. REQUEST FOR CONSIDERATION of a resolution recommending approval to the City Council of a Zoning Ordinance Amendment to revise Palm Desert Municipal Code Section 25.56 Signs and modify Section 25.99.020 Land Use Definitions to allow for freeway -oriented monument signs on commercially zoned developments abutting Interstate 10; and adopt a Notice of Exemption under the California Environmental Quality Act. Case No. ZOA 17-070 (Fountainhead Development. Newport Beach. California. Applicantl. Principal Planner Eric Ceja presented the staff report (staff report is available at www.citvofpaimdesert.orQ). He stated staff took this item back to the Architectural Review Commission (ARC). The ARC continued to feel sensitive about the height of signs and recommended a maximum height of 40 feet. As a result of the restricted height, the ARC was in favor of having two signs for some centers. He informed the Planning Commission that the Zoning Ordinance Amendment (ZOA) is to allow freeway -oriented monument signs. He noted that any sign proposal would be considered by the ARC. The sign proposed by the applicant was an example of the sign they are proposing for Monterey Crossing. Therefore, the Planning Commission would not be considering the sign design. At the last meeting, a Planning Commissioner asked if the design for freeway -oriented signs could be considered by the Planning Commission. He said staff prefers the ARC continues to review and approve signs since they typically are the reviewing body for sign programs. Chair DeLuna asked how many projects would qualify for an additional sign. Mr. Ceja replied two projects, Monterey Crossing and the commercial site on Portola Avenue. Chair DeLuna clarified that the total number of signs along the Monterey Avenue interchange would be three. Mr. Ceja replied that is correct. Chair DeLuna declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. JOHN LOPER, Palm Tree Communities Consulting, Inc., Irvine, California, thanked City staff for working with them on the sign(s) for Monterey Crossing. He also thanked the Planning Commission and the ARC for their input. He believed the proposed ordinance amendment will assist them in getting signage needed for their project. Mr. Loper said they agreed with all the proposed changes. He noted that the sign company and the applicant are available to answer any questions. Chair DeLuna referred to the proposed sign for Monterey Crossing, which appeared to have an orange color. 3 G:1PlanninglMonica OReilly\Planning Corn mission120171Minutes\B-15.17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2017 MR. LOPER remarked that the sign is a patina metal color. They are using a corten substance style on some accent pieces for Monterey Crossing, which has a rusty color. Therefore, the signs were meant to use materials and colors that are consistent with the buildings so they all tie in together. Chair DeLuna asked if the buildings would have a rusty color when lit at night. MR. LOPER responded there are some elements with corten panels, which are architecture accent pieces. He said there were two views included in their packet. One view is at night, with an internally lit sign and only the letters are lit. He noted that the rusty color may change depending on the time of the day. When referring to a rusty color and patina, Commissioner Ron Gregory asked if it is the color they would expect with corten. MR. LOPER replied that corten is a material. He indicated there are other materials that look like corten, which has lifetime characteristics. Commissioner Ron Gregory clarified that it is basically a rust color. MR. LOPER replied yes. Commissioner Greenwood had the assumption that all the larger big box stores located in the northern part of the site would all have signage on the east, west, and north elevations. MR. LOPER answered that the Sign Program reviewed by the ARC had signs on the back frontage (fronting the interstate) and on the front. Commissioner Greenwood inquired if there would be any replication of signage on the big box building(s) that would be adjacent to the monument sign. MR. LOPER replied that they have not made a final determination on which tenants would be on the sign panels. He noted that building B was designed to be one or two large tenants or multiple small tenants. There are times a large tenant is in a position to negotiate for a sign panel. Commissioner Greenwood asked how many additional suites are capable within Monterey Crossing. MR. LOPER replied that they have two shop buildings that each could have four to six tenants. There are eight to nine pads, including building B. MR. TOM NOBEL, Palm Desert, California, mentioned that at the last Planning Commission meeting he suggested service industrial properties to be included in the ordinance for freeway -oriented monument signs. However, he did not hear 4 G:\Planning\Monca OReillylPianning Commi3siOn120T71Minules18-15-17.aocx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2017 back from the City after the meeting. He also mentioned that he asked City staff to include a letter dated August 8 in the Planning Commission packet. Mr. Nobel said he developed Gateway and there is one piece of property left undeveloped, which he believes will have a retail use and they may also want a freeway - oriented sign. He felt the issue for the City should be the sales tax. The City will receive the same sales tax for a retail operation on service industrial properties as commercial properties. For that reason, he felt the Service Industrial zone with freeway orientation should be included as candidates for freeway -oriented monuments signage. Commissioner Gregory asked Mr. Noble how long the Gateway development or the larger property that might want a sign is. MR. NOBLE replied that the freeway frontage property is approximately 600 feet. MS. VASANTHI OKUMA, Fountainhead Development, Newport Beach, California, thanked the Planning Commission for their time. She stated that they have done what they have been asked by the City. She disclosed the ARC was in favor of the Monterey Crossing sign design. She expressed the design panels are very important to them. However, they are happy to work with the City in terms of the design and spacing. In regard to Mr. Noble's comments at the last meeting, Vice Chair Joseph Pradetto inquired why staff did not address his comments. Mr. Ceja responded that at the last meeting Mr. Noble requested the Service Industrial zone be included in the ZOA. He noted the Planning Commission did not include in their motion to direct staff to look into his request. However, staff did look into the request. He explained when staff looked at other cities and how they apply monument signs; the majority of the cities only apply monument signs to commercial centers. Staff looked at service industrial areas, such as the Inland Empire, and staff did not like the aesthetic of the signs. Staff also looked at other cities similar to Palm Desert, and those cities only applied the freeway -oriented signs to commercial centers. Therefore, staff felt freeway -oriented signs only in commercial centers would be appropriate for Palm Desert. Vice Chair Pradetto said theoretically if there was a zone change from a Service Industrial to Planned Commercial, an applicant would qualify for a freeway - oriented monument sign. Mr. Ceja responded that there are requirements that need to be met to qualify for a freeway -oriented sign. He noted that it has to be a planned commercial center of 10 acres or more. Most of the properties along Dinah Shore Drive do not meet that requirement. Mr. Stendell added that staff's concern is aesthetics and the clutter of signs. 5 G:IPlannin['Wonica OReilly\Afanning Commission12017Wlinutesl8-15.17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2017 Commissioner Lindsay Holt asked if someone owned property in the Service Industrial zone and wanted to have a freeway -oriented sign, what would be the process for them to come to the City and apply for a sign. Mr. Ceja replied that someone could apply for an ordinance amendment to expand the Zoning Ordinance to include industrial properties. With no further testimony offered, Chair DeLuna declared the public hearing closed. Commissioner Gregory commented he is pleased with the way the applicant has worked with the City. He is also pleased on how the ARC and City staff has handled this request. He understood Mr. Nobel's concern and understood that Mr. Nobel could apply for this type of signage in the same manner as Fountainhead Development. He stated he is pleased with the concept and comfortable with the current product. Commissioner Greenwood echoed Commissioner Gregory's comments. However, his concern is having an ordinance that allows flexibility. The City of Palm Desert has held signage in very high regard. The City spends a lot of time looking at the details to make sure it is articulated, proportional, elegant, and a piece of art. He said the way the ordinance is written, it provides a limited height of 40 feet and a limited sign area to 400 feet. He felt the City would get signs that are large boxes with clumping and stacking of signs. If he had to base his decision on that type of signage, then he would not support the ordinance amendment. He believed the ARC does an excellent job and he relies on them to make those decisions. At the previous meeting, he made a comment about added height. However, he clarified that he didn't make that comment so they could add more signage to the actual monument. He made the comment to necessarily keep the same amount of height or the same 400 square feet, but have signs be better articulated and give the designers more freedom and flexibility to provide a stronger piece. Commissioner Greenwood asked if staff could make sure the language in the ordinance is clear that the amendment is strictly for the Interstate 10 frontage so it is not misinterpreted. Mr. Ceja remarked that the language staff has included in the sign ordinance amendment is specific to the interstate 10 frontage. Chair DeLuna thanked the ARC, staff, and the applicant. She felt everyone has done an excellent job of working within the guidelines to preserve and protect the image they all have of Palm Desert. She liked the size of the Monterey Crossing sign. She said she had a problem with signs being taller than 40 feet. She supported staff's recommendation and the applicant's sign proposal for Monterey Crossing. 6 G:1PlanningWonica 0 Reiil ylPlanning Com mission12O 17W inutesl& 15-17. docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2017 Vice Chair Pradetto made clear that Commissioner Greenwood agreed with the amount of actual signage, but give freedom for the structure design and develop an architectural art piece. Commissioner Greenwood responded that he would like to see flexibility in the ordinance. He is concerned with a big block of stacked signs, which does not meet the aesthetic quality. Vice Chair Pradetto commented that at the previous meeting Mr. Robin Bell mentioned the Monterey Crossing sign was one of the best designs their shop has made in the last 10 years. His thought with a little design freedom, why stop at 10 years? However, in terms of having flexibility, he was not sure how to get there other than creating limitations on the number of square footage for the exact actual signage for the shops, then doing something separate far the piece itself. He said he is fine with the ordinance, but he is open to pushing the envelope. Commissioner Greenwood clarified that the ZOA would go before the City Council, then the Monterey Crossing sign would go back to the ARC. His overall concern is that he would like an ordinance that has flexibility. Mr, Stendell interjected that the ZOA is a recommendation to the City Council, He said the Planning Commission could direct staff to explore concepts to allow flexibility, specifically in an effort to enhance the architectural nature of the signs and staff will incorporate the language into the recommendation to the Council. Commissioner Greenwood noted the staff report mentions that one of the requirements is an "enhanced design." However, he does not know what the definition of enhanced design means. His concern is they are evoking and getting the word out that Palm Desert expects a very high-level design, which is something he would like to see at the entry of the City. He would appreciate staff to look at strategic ways to modify the ordinance as such. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2705, recommending to the City Council to approve Case No, ZOA 17-070; and direct staff to look at ways to provide further development in terms of the requirements for the design that would allow for flexibility. Motion was seconded by Vice Chair Pradetto and carried by a 5- vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). Chair DeLuna commended and thanked City staff, the applicant, and everyone involved for the good work. It is one of the first projects of this type coming to Palm Desert and some of the first monument signs the City will have near the freeway. 7 GAPianningeNtonica OReilly1Planning Commissionk2017VFAinu[es18.15.17.docx Exhibit A — Sign Ordinance Redlines Chapter 25.56 — Signs Sections in this Chapter 25.56.010 Purpose and Intent 56-1 25.56.020 Applicability 56-1 25.56.030 Sign Permit and Design Review Requirements 56-3 25.56.040 Exempt signs 56-4 25.56.050 Prohibited Signs 56-5 25.56.060 General Provisions for All Signs 56-5 25.56.070 Permanent Signs 56-10 25.56.080 Standards for Specific Types of Permanent Signs 56-18 25.56.090 Temporary Signs 56-29 25.56.100 Comprehensive Sign Program 56-33 25.56.110 Nonconforming Signs 56-35 25.56.120 Abandoned Signs 56-36 25.56.130 Abatement of Illegal Signs 56-36 25.56.140 Penalties 56-37 25.56.010 Purpose and Intent The intent of this chapter is 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, highways, vistas and view sheds. The purpose of these regulations is to: A. Provide each sign user an opportunity for adequate identification while guarding against excessive advertising and the confusing proliferation of signs by regutating the time, place, manner, and design quality under which signs may be displayed. 6. Ensure signs are in harmony with the building, the neighborhood (both existing commercial and residential or existing or proposed residential communities), and other signs in the area by eliminating sign clutter and promoting compatibility, proportion, simplicity, design quality, and sign effectiveness. C. Protect the safety of motorists and pedestrians by minimizing the distraction of excessive and intrusive signs as well as to protect the life, health, property, and general welfare of residents and visitors. 25.56.020 Applicability A. Signs allowed. The sign standards provided in this chapter are intended to apply to all types of signs in all zoning districts in the City. Only signs authorized by this chapter shall be allowed. Signs erected illegally shall be abated in compliance with Section 25.56.130 (Abatement of Illegal Signs). 56-1/Page Chapter 25.56 Signs B. New zoning district. If a new zoning district is created after the enactment of this chapter, no signs shall be allowed until this chapter is amended to govern the new zoning district. C. Sign review criteria. The sign review criteria specified in this section shall be used by the applicable review authority during the design review process to ensure that signs are well designed, compatible with their surroundings, and do not detract from the overall visual quality of the City. D. Nonconforming signs. An existing legally permitted sign that does not conform to the requirements of this chapter shall be deemed a lawful nonconforming sign and shall be subject to the requirements of Section 25.56.110 (Nonconforming Signs). E. Official signs. Nothing contained in this chapter shall prevent the installation, construction, or maintenance of official traffic, fire, or police signs, temporary traffic - control signs used during construction and maintenance of utility facilities, and substructure location and identification signs required to protect these facilities, devices, and markings of the state Department of Transportation, Director, Council, or of other competent public authorities, or the posting of the notices required by law. 25.56.030 Sign Permit and Design Review Requirements A. Purpose and applicability. This section provides a review procedure prior to the installation of signs, to ensure that the design implements the objectives of the General Plan and is consistent with the building site design and building architecture. B. Sign permit application. It is unlawful for any person to place, alter, or to permit the placement or alteration of a sign, including painted signs, upon any property without first obtaining an approved sign permit application from the Department. Signs that are exempt from this requirement are listed in Section 25.56.040 (Exempt Signs). C. Application contents. Applications for sign permits shall be made on a form provided by the Department and shall be accompanied by a fee as established by Council resolution. The application shall provide the information and material specified in the department's handout for a sign permit application. The applicant shall also provide a signed statement from the property owner or authorized representative that the owner or representative has reviewed the proposed sign(s) and approves of the proposed sign(s) and their location prior to submittal of the sign permit application to the City. D. Design review required. The following sign types and sign programs shall be submitted to the ARC for approval prior to approval of a sign permit application: 1. Freestanding signs (freewav-oriented monument signs and monument signs) require a sign design review as required by Section 25.68,050 (Sign Design Review). 2. All new awnings, including color change to existing awnings, shall require design review required by Section 25.68.050 (Sign Design Review). 3. Comprehensive sign programs shall be reviewed for compliance with Section 25.68.060 (Comprehensive Sign Programs). Chapter 25.55 Signs 56-21 Page 4. Individual signs for any building with more than 100 lineal feet of building frontage facing a public or private right-of-way shall be reviewed according to Section 25.68.050 (Sign Design Review). 5. Any sign that the Director determines should be reviewed by the ARC due to the unique design, context, color, size, shape, location, or circumstance of the sign are subject to the requirements of Section 25.68.050 (Sign Design Review). E. Sign Review Criteria. In approving or rejecting a sign permit application, the reviewing authority shall consider the design review criteria provided herein. The design criteria shall not be construed or applied in a manner as to violate any legal rights bestowed by state or federal law. The reviewing authority shall find: 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 chapter and title; 3. That the sign does not constitute a detriment to public health, safety and welfare; 4. That the size, shape, color, height, and placement of the sign is compatible with and will have a harmonious relationship to the building it identifies, the surrounding neighborhoods, and other signs in the area; 5. 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 located; 6. That the location, height, and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs; 7. 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; 8. That the location and design of a proposed sign in close proximity to a residential district does not adversely affect the value or character of the adjacent residential uses; 9. That any neon tubing used in conjunction with any sign is incorporated as an integral part of the sign design with careful attention to color, intensity of light, and the use of colors that are not overly bright; and 10. That the quantity of information displayed in the sign does not cause visual clutter. 55-3/Page Chapter 25.56 Srgns 25.56.040 Exempt signs The following signs, if not illuminated, shall be allowed in residential, commercial, and industrial zoning districts without a sign permit application subject to any specific limitations provided below: A. Nonresidential only; one identification sign not exceeding 1 square foot in area displaying only the name and address of the owner or occupant and/or hours of business operation. B. Temporary signs in compliance with Section 25.56.090 (Temporary Signs). A temporary sign permit may be required in some instances. C. Signs inside a building set back 5 feet or more from a window and not readily visible from public right-of-way. D. Directional or safety signs provided that signs do not exceed 3 square feet per face. E. Official emblems or flags of nonprofit organizations. F. Religious, charitable, educational, or cultural posters not exceeding 16 square feet in area and not displayed for a period greater than 30 days. G. A "no trespassing" or "no dumping" sign not exceeding 3 square feet shall be permitted for each property in addition to other authorized signs. H. Governmental or other legally required posters, notices, or signs. I. Political signs in compliance with the provisions of Section 25.56.090.C. J. Directional and public convenience signs for public and quasi -public uses. The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the Director. K. Utility or telephone pay station signs. L. Bingo signs provided that said signs shall not exceed a maximum of 3 square feet in area; are not installed more than 48 hours before the event; and are removed immediately following the event. M. Lottery signs for a business licensed to sell California State Lottery tickets shall be entitled to one window- or door -mounted lottery decal 5.5 inches by 5.5 inches and no more than one specific identification poster not to exceed 7 square feet. N. "Open" signs, either mounted on the inside of a window or on a pedestal near the main entrance if a window sign is not used. Maximum sign area shall be 3 square feet. Signs may be double -sided. Pedestal signs shall be located on private property and shall not interfere with pedestrian movement. Signs shall not flash, move, blink, rotate, or appear to do any of the foregoing. Chapter 25.55 Signs 55-4/ Page 25.56.050 Prohibited Signs The following signs, displays, and devices, as defined in Chapter 25.99 are prohibited in the City: A. Advertising devices. B. Awnings that are back -lit (internally illuminated) so that the awning radiates light. C. Business and identification signs that mention more than two goods or services sold or available on the premises. D. Cabinet or can signs that are internally illuminated with translucent panels that allow the entire sign background to be illuminated. Signs with internal illumination are permitted only if the sign background is opaque and the only portion of the sign that appears illuminated is the lettering and/or a registered trademark or logo. E. Electronic changeable copy signs. F. Commercial mascots. G. Neon signs, except those placed in windows. H. Off -site outdoor advertising signs (billboards). I. Pole signs. J. Roof signs. K. Signs that rotate, move, flash, blink, or appear to do any of the foregoing with the exception of approved time and temperature displays. L. Signs on public property, in the public right-of-way, or on public utility poles unless otherwise authorized by this chapter. Signs 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 identification signs, and permitted signs on taxicabs. M. Temporary or portable freestanding signs, except as otherwise provided in this chapter. N. Vehicle signs. 25.56.060 General Provisions for All Signs A. Compliance required. No person shall erect, re -erect, construct, enlarge, alter, change copy, repair, move, improve, remove, convert, or equip any sign or sign structure in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter. 56-5/Page Chapter 25.56 Signs B. Uncertainty of chapter provisions. The ARC shall have the authority to interpret the provisions of this chapter at the request of the Director, or when an appeal of a decision of the Director is filed with the ARC. C. Sign integration requirement. All signs shall be designed as an integral part of the overall building design and shall be located in a manner consistent with the building's design. D. Sign construction. Signs that are not temporary signs shall be constructed of permanent materials, including but not limited to metal, wood, acrylic, or other comparable durable weatherproof materials. E. Sign area computation. The area of signs shall be calculated according to Figure 25.56-1 (Sign Area Calculations). Figure 25.56-1: Sign Area Calculations LETTERING WITH NO SIGN BOARD II "SIGN I L "FOR TENANT, k I, I LETTERING WITH SIGN BOARD L ODD SHAPED SIGN IGNII Sign Width SIGN Sign Width 1 1 Chapter 25.56 Signs 56-51 Page 1. The area of a sign shall be measured within a single continuous perimeter of not more than eight 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 the sign from the background against which it is placed. 2. In the case of a sign designed with more than one exterior surface (e.g., two sides), the area shall be computed as including only the maximum single display surface that is visible from any ground position at one time. 3. The supports, uprights, or structure on which any sign is supported shall not be included in determining the sign area unless the supports, uprights, or structures are designed in a manner as to form an integral background of the display. F. Sign height measurement_— freewav-oriented monument signs and monument signs. The height of a monument sign shall be measured from the highest part of the text area of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever the Director determines is appropriate given the physical characteristics of the site. Decorative features of the sign approved by the ARC may be excluded from the measurement of sign height. Figure 25.56-2: Sign Height Measurement —Monument Signs Sign Height G. Sign height —wall signs. The uppermost part of a wall -mounted sign shall not be higher than the eave line of the building on which it is located as measured from the underside of the eave and in no event higher than 20 feet. 56-7JPage Chapter 25.56 Signs Figure 25.56-3: Sign Height Measurement —Wall Signs The upper most part of a wall -mounted sign shall not be higher than the eave line of the building on which it is located H. Electrical raceways and conduits. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical, or doing so would damage significant architectural features or materials, the ARC may grant a waiver of this requirement provided all raceways, conduits, and similar devices are designed in a way that they appear to be part of the overall sign or building design. I. Frontage on two or more streets. A business on a lot that has frontage on more than one street shall be allowed the authorized sign area on each street; provided, that the permitted sign areas may not be accumulated on one street and shall not exceed the allowed sign area of any one street. J. Sign removal or replacement. When a sign is removed all brackets, poles, and other structural elements that supported the sign shall also be completely removed. All holes and affected building surfaces shall be restored to match the adjacent portion of the building. K. Sign colors. The standards for signs in this chapter are premised aesthetically on the use of limited colors per sign so as to minimize excessive contrast and thereby establish more readable, less confusing signs. Signs for commercial complexes, shopping centers, other commercial and industrial development, including individual businesses, shall be limited by the following: 1. Signs shall be limited to a maximum of three colors per sign. If a federally regulated trademark sign has more than three, then the maximum size allowed for that sign shall be reduced by 20 percent for each additional color. 2. For purposes of calculating reductions in size where more than three colors are involved, the maximum sign size resulting from the first 20 percent reduction shall form the basis for the second 20 percent reduction, and so on for each subsequent 20 percent reduction. For example, if the maximum size allowed for Chapter 25.56 Signs 56-8j Page a given three -color sign is 10 square feet, then the maximum size allowed for a five -color sign would be 6.4 square feet: 80% x (1 ❑ x 80%). 3. The ARC may waive the above -noted required size reduction or part thereof if it specifically finds that the proposed sign is desirable due to its quality, uniqueness, design, or other features determined by the ARC. L. Illuminated signs and lights. The following standards shall apply to all illuminated signs: 1. All illuminated signs shall be designed with a dimmer system to avoid undue glare or reflection of light on private property in the surrounding area. 2. External light sources shall be shielded from view and directed to illuminate only the sign face (see Figure 25.56-4 below). Figure 25.56-4 Sign Illumination Do This 3. 4. 5. Don't Do This Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and/or a registered trademark or logo. Reflective -type bulbs and incandescent lamps shall not be used on the exterior surface of signs so that the bulb or lamp is exposed to view from any direction, Each new illuminated sign shall be subject to a 30-day review period during which time the Director may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Director may order the dimming of any illumination found to be excessively bright. M. Signs to face public or private right-of-way. All signs permitted under this chapter shall be placed on the side of property facing a public or private right-of-way. N. Maintenance of signs. 56-Wage Chapter 25.56 Signs 1. For the public health, safety, and welfare all signs shall be maintained in a safe, presentable, and good structural condition at at times, including the replacement of defective parts, wiring, ballast, painting, repainting, cleaning, and other acts required for the maintenance of the sign. If the sign is not made to comply with safety standards, the Director shall require its immediate repair or removal in compliance with this chapter. 2. Signs illuminated either internally or externally shall be capable of being fully illuminated and legible with the face(s) intact (without holes or other exterior damage). Any illuminated sign not in compliance with these and other maintenance standards in this section shall be cited by the Director and shall be brought into compliance with applicable standards or proof of a contract for repair and maintenance shall be approved within 30 days or shall be subject to abatement as a public nuisance. Illuminated signs that, because of expired or damaged lighting elements, become non -legible shall be ordered to remain unlighted until repaired. 3. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. 4. In the case of abandoned signs, the identification, name, and copy pertaining to the abandoned business shall be removed and replaced with a blank panel or white space within 30 days of vacating the business. 5. When it is determined by the City that a sign may cause imminent danger to the public safety and contact cannot be made with a sign owner or building owner, no written notice shall be required. In this situation, the City may correct the danger. The City shall Cause to have removed any sign that endangers the public safety, including abandoned, materially dangerous, electrically, or structurally defective signs. 6. Notices of violation shall be sent by the Director by certified mail. Time periods provided in this section shall be deemed to commence on the date of the mailing. Any person having an interest in the sign or the property may appeal the citation ordering the removal of compliance by filing a written notice of appeal with the Director within 30 days after the date of mailing the notice, or 30 days after receipt if the notice was not mailed. 7. Signs removed by the City shall become the property of the City and may be disposed of in any matter deemed appropriate by the City. The cost of the removal of any sign by the City shall be considered a debt owed to the City by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the City or by assessment against the property. The cost of removal shall include any incidental expenses incurred by the City in connection with the sign's removal. 25.56.070 Permanent Signs A. Purpose. The number and area of signs as provided in this chapter are intended to be maximum standards. However, the standards do not necessarily ensure architectural Chapter 25.55 Signs 56-101 Pagc compatibility. Therefore, in addition to the enumerated standards, the approving authority shall also give consideration to a sign's relationship to the overall appearance of the subject property, as well as the surrounding community with the goal being to minimize visual pollution, excessive illumination, and excessive contrasting colors. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval. B. Relationship to other provisions. The tables contained within this section provide regulations for permanent signs in residential and nonresidential zoning districts. References in the last column provide additional regulations for specific sign types located elsewhere in this chapter. In the case of an inconsistency between regulations provided in the tables and regulations provided for specific sign types, the regulations for specific sign types shall take precedence. C. Signs allowed in residential zoning district. Table 25.56-1 (Signs Allowed in Residential Zoning Districts) provides dimension and other development standards. 56-11/PChapter 25.56 Signs Table 25.56.1: Signs Allowed in Residential Zoning Districts Sign Class Allowed Sign Types Max. Number Max. Sign Area Max. Sign Height Location Lighting Allowed Additions! 1. Name plate Single -Family uses 2. Identification sign Muhl ifamily or condominium complex One per Wall single-family 2 sq. ft. use Wall or monument sign 3. Identification sign Residential community 4. Identification sign Mobile home park 5. Iden t if icatio n sign Nonresidential uses 6. Ident sf icat io n sign Commercial uses (offices) 7. Identification sign Hotels and motels 8. Temporary signs One sign per complex Alternative: 2 signs per main entrance with max. 15 sq. ft. each Below eave 01 roof or Near main Internal parapet or 4 entrance only ft. it on pole 10 sq. ft plus one additional sq. tt. For each 10 units. Max. 50 sq. ft. toter Below save of roof or parapet for wall sign Wall or Two signs per monument primary 40 sq. tt. total 6 ft. sign entrance One sq. ft. 01 sign area For Wall or One sign per each 10 li monument street neat It. of 6 ft sign frontage street Irontage. Max. 40 sq. h. total Wall or monument One sign sign Wall or monument One sign sign 20 sq. It 20 sq. 11 Below eave of roof or parapet for wall sign. 6 ft. for monument sign Below wave of roof or parapet for wall sign. 6 ft. tor monument sign At or near main External entrance Name of occupancy and address only Name of complex only Al primary entrances to External Name of residential only complex only community Al primary entrances to External mobile home only park Al primary External entrance only At primary External entrance only Standards shall be the same as for uses in commercial and industrial zones. However, the number of signs, sign area, height, and illumination may be reduced if the use is located in or adjacent to a residential zone See Section 25.56.090 (Temporary Signs) Name of complex only Allowed for churches. day care oenlers, private clubs, and similar uses Only for commercial uses allowed wilh a conditional use permit (offices) in the R-3 zone Only for hotels and motels allowed wilh a conditional use permit in the R•3 zone D. Signs allowed in commercial and industrial zoning district. Table 25.56-2 (Signs Allowed in Commercial and Industrial Zoning Districts) provides dimension and other development standards. Chapter 25.56 Signs 56-12I i'.. Table 25.56-2: Signs Allowed in Commercial and Industrial Zoning Districts Sign Class Allowed Sign Types Building -Mounted Signage la. Business ide nt if lcatio n sign Up to 50 h. of building frontage Flush - mounted or projecting Building - mounted wall sign Max. Number of Signs One per building frontage Max. Sign Area 1 sq. h. of sign area per W thin 100 ft. lineal foot of of public budding frontage ROW Max. sign area 50 sq. h. 1.5 sq. ft. of sign area per More than lineal loot of 100 h. from building public ROW Irontage Max. sign area 75 sq. ft. 50 sq. ft. of sign area for lb. Business Flush- first 50 ft. of identification mounted or frontage: and sign projecting One per 0.5 sq. h. of 50-100 ft. of building- building sign area for building mounted wall frontage each lineal h. frontage sign of building frontage up to 100 ft. Within 10011. Max sign of public area 75 sq. ROW h, 75 sq. ft. of sign area for first 50 ft. of frontage; and 0.5 sq. ft. of More than sign area for 100 ft. from each lineal ft. public ROW of building frontage up to 100 ft. Max. sign area 100 sq.lt. Max. Sign Height Below eave line of building and not higher than 20 ft. Below eave line of building and not higher than 20 ft. Sign Location Sign shall be located adjacent to the nghl-of- way from which its area is determined Sign shall be located adjacent to the right-ol- way from which its area is determined Lighting Allowed Yes Yes Additional Requirements Section 25.56.080.A Section 25.56.050.A 56-131P199c Chapter 25.56 Signs Sign Class Allowed Max. Sign Types j Number of Signs Max. Sign Max. Sign Area Height Sign Location Lighting Allowed Additional , Requirements 1c. Business identification sign More than 100 ft. of frontage Within 100 ft. of public ROW Flush - mounted or projecting building - mounted wall sign One per building frontage 75 sq. ft. of sign area for first 100 ft. of frontage; and 0.25 sq. ft. of sign area for each lineal ft. of building frontage in excess of 10011. Below eave line of building and not higher than 20 il. Sign shall be located adjacent to the right-of- way from which its area is determined 100 sq. ft. of sign area for first 10011. of frontage; and 0.25sq. fl.of ARC sign area for approval each lineal ft. required of building frontage in excess of 100 ft. More than Max sign ARC 100 ft. from area as approval public ROW approved by required ARC Yes Section 25.56.080.A The total aggregate sign area of the secondary sign(s) Sign design shall Building- Two per together with be consistent with 2. Business mounted wail rime business the primary Below eave primary business identification sign subject to the sign shall not line of sign and shall be sign Seconds maximum sign exceed the building and Yes ancillary to the ry Flush- area allowed maximum not higher main business business mounted or for the sign area than 20 11. sign signs business allowed for Section projectingthe business 25.56.080.0 as determined by items la. 1b, and lc above Single tenant building; one- Signs shall be half the sign reverse "halo" lit area allowed or non -illuminated 3. Business Below eave for the front On the individual letters identification Building- One sign of the line of freawayside building sign mounted wall facing the building and at the Yes Illuminated signs Freeway- sign freeway not higher turned off al oriented signs Muhitenant than 20 ft. building 11:00 p.m. building: 16- Section inch high 25.56.080.H letters maximum Chapter 25.56 Signs 56-141 Page Sign Class Allowed ? NuMax. aer of Sign Types Signs Max. Sign Area Max. Sign Height Sign Location Lighting Allowed Additional Requirements 4. Business identification sign Second story business sign Building - mounted. One sign per flush business mounted only 50% of sign area allowed Below eerie for business line 01 in single- building story building Freestanding freewav•oriented monument signs and monument signs Maximum al one -hat the total sign area allowed for the front 6 ft. unless of the topographic building. The or other sign area of features Freestanding the necessitate monument monument a higher sign sign shall be sign. In no in addilion to event shall 5a. Business identification sign Multitenant sites less than 5 acres 5b. Business identification sign Multilenant sites with more than 5 acres Freestanding monument sign One sign per street frontage One sign per street frontage the allowed total sign sign area Ior height the building exceed 10 fl. or business. Maximum sign area 50 sq fi 10 sq. fe. per acre of 6 tt. unless subjecl site. topographic The sign or other area of the Features monument necessitate sign shall be a higher in addition to the allowed sign. sign area for In no event the building shall total Maximum sign height sign area 100 exceed 10 tt. sq.it. Shall be located on the side of the building where the majority of the business is located Yes Yes Yes To identify a building, commercial or industrial complex. or shopping censer with frontage on a public or private street Section 25.56.080.8 Section 25.56.080.5 56-15fr,1;1 Chapter 25.56 Signs Sign Class Allowed Sign Types Max. Number of Signs Max. Sign Max. Sign Sign Lighting Additional Area Height Location Allowed Requirements One per 1,000 lineal feet of freeway Locate- frontage along f reewav Sc. Freeway- Freeslandina front a49 Two for with a oriented Freeway planned 400 sq. ft. 40 hh. minimum X. monument monument commercial setback of Sians kqn centers in 10 ft. and a excess ol maximum 1 600 lineal setback of feet of 5_0_ ft.. heewaV frontage Miscellaneous signs One sign per Letter height Placed on 6. Business awningshall not the awning identification permanent exceed one - sign awning sign Allowed in third ol the or awning No Awning sign addition to awning valance, but g gn other signs height not an both 25% of total One sign per window area 7. Business individual facing a Not allowed identification Perrnanenl window public street above On inside of n window sin or public window Yes sign 9 Allowed in ground Iloor parking area surlace Window sign addition to windows including other signs temporary window signs Near main 8. Business A -Frame, One per entrance on identification pedestal, or establishment 3 sq. tt. private sign another well- Allowed in May be two- 54 inches property. No Pedestrian- designed addition to sided and oriented oriented sign sign stand other signs to pedestrians Building- One per 25 sq. h. for Below eave 9. Attraction flush - boards mounted establishment mounted line of Flush- Allowed in building and Yes Theaters and mounted or addition to 55 sq.it. per not higher nightclubs side for than 20 h. projecting other signs projecting Section at.56.08081 Planned Commercial) development abutting Interstate 10 Section 25.56.080.E Section 25.56.080.D Section 25.56.080.G Section 25.56.080.J Chapter 25.56 Signs 56-161 P. Sign Class Allowed Sign Types Max. Number of Signs Max. Sign Area Max. Sign Height Sign Location Lighting Allowed Additional Requirements 10. Menu board Restaurant menu board 11. Multitenanl courtyard or plaza Business directory sign Building - mounted or window May be on pedestal if restaurant is set back more than 5 ft. from ROW Wall or ground sign One per 3 sq. ft. establishment q One per courtyard or plaza Allowed in addition la other signs Shaft not encroach Within into She window area public right- er 6 ft. if on of -way or pedestal obstruct pedestrian movement 1.5 sq. ft. of sign area per tenant. plus an additional 2 sqft. to 7 ft. provide directions to the courtyard or plaza Near main entrance to courtyard or plaza and oriented to pedestrians 12. Gasoline service stations. See Section 25.56.080(WI (Gasoline Service Stations) 13. Temporary signs. See Section 25.56.090 (Temporary Signs) Yes No Section 25.56.080.K Section 25.56.080.1 56-17/aage Chapter 25.56 Signs 25.56.080 Standards for Specific Types of Permanent Signs A. Building -mounted wall signs. Figure 25.56-5: Wall Sign Examples fresh &easy tei 1. Signs shall be located only on a building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located. Chapter 25.56 Signs 56-18 Figure 25.56-6: Appropriate Wall Sign Location r Con* Don't Do This 2. Electrical raceways for signs shall be designed as an integral part of the sign or building design and shall not be visible. Figure 25.56-7: Electrical Raceways 56-19J-'.19 Chapter 25.56 Signs 3. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. 4. Signs shall be located within the middle 50 percent of the building or occupancy's frontage (e.g., in -line tenant) measured from lease line to lease line. Figure 25.56-8: Appropriate Wall Sign Location (In -line Tenant) Middle 50%0l Building or Occupany Frontage SIGN Building or Occupany Frontage Middle SCntii. of Building , or Occupany Frontage SIGN Building or Occupany Frontage 5. Signs located on adjacent walls on the same building shall be separated at the corners of the building with adequate spacing. Figure 25.56-9: Required Separation for Wall Signs Chapter 25.56 Signs 56-201 Page B. Freestanding monument signs. Figure 25.56-10: Freestanding Sign Examples 1. Freewav-Oriented Monument Sims 56-2110,1ga Chapter 25.56 Signs All freeway -oriented monument signs shall be identified as Dart of a Sign Proaram for a commercially developed center and are subiect to the review reauirements established in Section 25.56.100 and the requirements below. 1. Sion Proarams shall include: a. Line of siaht studies. b. Photo simulations and sign renderinas for both niaht/day. One freeway -oriented monument sign is permitted for planned commercial properties within the Freeway Commercial Overlay Zone, greater than 10 acres in size and with at least 1.000 feet of lineal frontage abutting Interstate 10. When a planned commercial center has freeway frontage in excess of 1,600 lineal feet. one additional freeway monument sign shall be Permitted. Multiple freeway -oriented monument signs for the same Planned commercial center shall be separated by a minimum distance of 400 lineal feet. iv. #;Signs shall not exceed a maximum hieaht of forty (401 feet. Deviations in sign height. up 10 20 percent. may be approved by the Architectural Review Commission for artistic elements and superior design quality. v. All signs shall be of an artist and enhanced design that is architecturally compatible with the architecture of the commercial center. vi. When approving any freeway sign the ARC shall affirmatively make the findina that the approval shall visually enhance the aesthetic auality of the oropertv on which the sion is to be located. 2. Monument Sians 1.3. i. A single -tenant building, multitenant building with unshared access, commercial or industrial complex, or shopping center shall be entitled to ane freestanding monument sign per frontage on a public or private street. 2. ii. When a shopping center or industrial park has street frontage on any one street in excess of 1,600 lineal feet, one additional sign shall be permitted. Freestanding signs on the same street shall be separated by a minimum distance of 400 lineal feet. 3.:. iii.All freestanding monument signs shall be placed within a permanently landscaped area not less than 24 square feet, be architecturally compatible with the building or complex, and not encroach in the public right-of-way. Chapter 25.56 Signs 56-22f Page iv. When approving any freestanding sign the ARC shall affirmatively make the finding that the approval shall visually enhance the aesthetic quality of the properly on which the sign is to be located. Freestanding monument signs shall not contain phone numbers. C. Secondary business signs. Figure 25.56-11: Secondary Business Signs mum Secondary Signage Main Building Sign Bristol Arms Secondary business signs shall be clearly ancillary to the main business sign and in no event shall the aggregate sign area exceed the maximum permitted under this chapter. 2. The design of secondary business signs shall be architecturally consistent with the main business identification sign. 3. The total aggregate sign area of the primary sign together with the secondary sign shall not exceed the maximum sign area allowed for the business. 4. Where a proposed secondary business sign is a registered federally regulated trademark sign, the size of the trademark sign may be subject to size reduction requirements in compliance with Section 25.56.060 (General Provisions for All Signs). 5. No more than two secondary signs allowed except as otherwise provided in this chapter. 6. Secondary signs shall not contain phone numbers. 7. Slogans, mottos, or sayings may be used instead of secondary business signage. D Window signs —permanent. 56-23J Chapter 25.56 Signs Figure 25.56-12: Window Signs (Permanent) 1 The aggregate area of all window signs shall not exceed 25 percent of the total window area of a storefront. 2. Signs shall be permanently painted, etched, or mounted on the inside of windows. 3. Illuminated (LED, neon, etc.) window signs shall be allowed as permanent window signs, and shall not exceed 15 square feet in size. The area covered by the illuminated sign(s) shall count towards the maximum 25 percent window coverage limitation as described above. These signs shall Chapter 25.56 Signs 56-24 1 not be allowed in windows fronting on El Paseo and shall not rotate, move, flash, blink, or appear to do any of the foregoing. 4. Window signs shall be allowed in addition to the aggregate sign area allowed for wall and projecting signs. 5. Signs within 5 feet of a storefront window shall be counted as window signs. E. Signs on awnings, marquees, canopies, arcades, or similar structures. Figure 25.56-13: Awning Signs 1. All awnings shall be reviewed and approved by the ARC. The awning shall be architecturally compatible with the building and as a result an awning may not be appropriate for every building. 56-25/Page Chapter 25.55 Signs 2. Signs on awnings shall be kept in good repair, clean, and not faded. 3. Signs on awnings (lettering and numbers), including lettering style and colors shall blend aesthetically with the awning and building to which it is attached. 4. When required by the building official, street address numbers shall comply with the requirements of Palm Desert Municipal Code Section 15.15.010 and Table 15.15.020(A). 5. Awnings shall not contain phone numbers. F. Projecting signs. Projecting signs shall not extend below 8 feet from the sidewalk or the right-of-way. Figure 25.56-14: Projecting (Blade) Signs G. Pedestrian -oriented signs. Chapter 25.56 Signs 55.261 1. Businesses in the commercial and industrial districts may place a pedestrian oriented A -frame or pedestal mounted `open" sign in front of a business, subject to the following standards: a. Maximum sign area shall be 3 square feet for pedestal signs on each side, and 5 feel for A -frame signs on each side; b. Maximum sign height shall be 54 inches; c. Signs shall be placed on private property in a location that does not impede pedestrian traffic flow; d. Signs shall be designed and located so as to not distract from the appearance of the building or violate the intent of this chapter; e. Signs shall not include extraneous verbiage advertising the business, specials, or sales events; and f. Signs shall be removed when the business is not open for business. 2. For businesses on El Paseo, the above standards apply with the following additional standards: a. Signs shall be placed on private property in a location that does not impede pedestrian traffic flow; b. Allowed only during the summer months between June 1 and October 1, or before 10 a.m. when a business is actually open at that time, during construction of a storefront, and/or any time a business is the sole tenant of an otherwise -vacant multi -tenant building; c. Signs permitted under this Subsection shall be limited to the word "open," the business name and logo, and hours of operation only; d. City approval of the sign is required. A City approval identity sticker will be issued and must be placed on the sign; and e. Signs shall be professionally designed and fabricated, and well - maintained at all times. H. Buildina-mounted sSigns facing the freeway. Businesses located in buildings with one side facing the freeway shall be entitled to one sign on the freeway side of the building in addition to other allowed signs for the front of the building, provided the freeway facing sign complies with the following requirements: 1. Signs for single -tenant buildings shall be limited to 50 percent of the total sign area allowed on the front of the building. 56-27/Page Chapter 25.56 Signs 2. Signs for multitenant buildings and individual business signs shall be limited to a maximum of 16-inch high letters. 3. All signs facing the freeway shall use black font type Bernard Gothic T Medium, except for federal trademark signs. 4. All signs facing the freeway shall be either reverse "halo" lit or non -illuminated individual letters. 5. Illuminated signs shall be turned off and non -illuminated after 11 p.m. 6. No logos, slogans, or phone numbers as part of the signage allowed. Directional signs for courtyard or plaza businesses. Where commercial buildings or complexes are designed to contain tenant spaces oriented to an interior courtyard or plaza and where the principal business identification sign is located on that courtyard or plaza frontage, the commercial building or complex shall be permitted a pedestrian directional sign(s). The directional sign shall group the names of businesses and/or principal services to be found in the courtyard or plaza subject to the following standards: 1. Signs shall be located at major pedestrian entrances to the plaza or courtyard. 2. Signs shall not encroach into the public right-of-way. 3. Signs shall be properly integrated into the architectural and landscape design of the building. 4. Signs including supports shall have a maximum width of 4 feet, whether wall - mounted or freestanding. J. Attraction boards for theaters and nightclubs. In addition to the principal sign area, one attraction board to advertise nightclub or theater entertainment shall be allowed. The information 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. K. Restaurant menu boards. In addition to the principal sign area, a restaurant may have one sign on a wall or window displaying the menu and/or daily specials. When a restaurant is set back more than 5 feet from the public right-of-way or pedestrian walkway, a freestanding easel may be set up within the setback to display the menu board during hours when meals are being served. The sign shall not encroach into the public right-of-way or obstruct pedestrian movement. L. Gasoline service stations. Gasoline service stations shall be limited to those signs approved by the ARC as a part of their action on a conditional use permit and/or amendment thereto. Service station signs shall not exceed the following limitations: 1. One double-faced Freestanding monument sign not to exceed 24 square feet in area or not to exceed 8 feet in height, and advertising only the name of the company. Chapter 25.56 Signs 55-281 Pagr 2. One 10-square-foot maximum wail sign advertising the company name and/or operator. 3. One wall or ground sign, not exceeding 8 square feet in area and 8 feet in height for a ground sign, advertising the actual lowest price per gallon including all taxes at which gasoline are currently being offered. Any special conditions required for sale at the lowest price shall also be indicated. 25.56.090 Temporary Signs A. Applicability. The temporary signs listed below in Table 25.56-3 (Temporary Sign Standards) shall be allowed subject to the requirements of this section. Temporary signs in violation of this section shall be treated as illegal signs and shall be subject to abatement under the requirements of Section 25.56.130 (Abatement of Illegal Signs). B. Civic events. Nothing contained in this section shall prevent the Council from granting a special permit application or otherwise permitting signs, displays, or advertising pertaining to a civic, patriotic, or special event of general public interest taking place within the City when it can be found that the signs, displays, or advertising will not be materially detrimental to the public welfare, interest, or safety, nor injurious to adjacent property or improvements. C. Number, size, height, and duration. Table 25.56-3 (Temporary Sign Standards) provides standards for temporary signs. Temporary signs are allowed in addition to the number of permanent signs allowed for the property. 56-29/Pa9e Chapter 25.56 Signs Table 25.56-3: Temporary Sign Standards Sign Type Maximum Number Temporary window signs''' Commercial and industrial zones only Lineal feet of window area 50 feet or less 51-100 feet More than 100 feet Special signs Special event ban ner One sign One sign One Sign Maximum Area 10% of total window area 15% of total window area 25% of total window area One sign building - mounted or 30 sq. ft freestanding New business establishment One sign identification Trade and construction project signs One sign per street frontage Shall not obstruct visibility al intersections New Residential Development New subdivision identification sign New subdivision directional signs One double -face sign, or two single - face signs per street frontage Two signs per street frontage Realty and lease signs Realty sign Single-family residential Realty sign Open house signs One sign per street frontage Maximum Height N/A Duration 30 days Below eave line of 30 days per year building See Section 25.56.070 Table Below eave line of go days 25.56-2 1a, 1b or building 10 16 sq. ft. per 20,000 sq. ft. of site area Max. 32 sq. ft. 8 ft. During active building permit Removed before notice of completion 48 sqft per sign 8 tt. Until all units in the face project are sold 15 sq. ft. each 3 so. ft., plus one rider sign; 5 in. x 16 in. One on -site, three 3 sq. ft. off -site Additional Standards Allowed for sales and promotions Placed on inside of window Section 25.56.090.6 Allowed only while permanent signs are being obtained On property where construction is taking place Shall list only limns connected with the development project 6 ft. Until all units in the Sign placement to project are sold direct persons to the subdivision entrance 4 ft. During time when Section 25.56.090 realty is offered tor sale or rent 4 ft. on -site 3 ft. oft -site While a salesperson is physically present on the premises Section 25.56.090.0 Chapter 25.55 Signs 55-301 P,1gr Sign Type Realty sign Other than single Family in residential zone Lease potential sign Future development Realty sign Maximum Number One sign per street frontage One two-sided sign per street frontage One two-sided sign per street Ironlage Personal properly Three signs sale, block party, or similar event Maximum Area 12 sq f1. 4 1t. 32 sq. ft. 6 1t. 16sq. tt. Eft. 3sq. ft. 4ft. Maximum Height Political signs See Section 25.56.090.E (Political Sign Regulations) Duration During time when really is offered for sale or rent Additional Standards Section 25.56.090 Displayed after May advertise lease ARC project potential for Suture approval development prior to Removed before and during notice of construction completion No riders outside of the 32 sq. ft. area During time when No riders outside of reafty is offered for the 16 sq. tt. area sale or rent Two days within a One on the properly 30-day period where the event is being held. and Iwo off -site on private properly. Notes' 1. Businesses that are set back more than 250 feet from a public right-of-way (street) may double the temporary window sign area. Businesses that are set back more than 600 feet from a public right-of-way (street) may triple their otherwise entitled temporary window signage. 2-0oes not include signs and decorations painted on or applied to windows pertaining to holidays and seasonal events when the signs contain no reference to the goods or services sold or provided by the establishment. All signs and decorations shall be removed within 10 days following the applicable holiday. D. Standards for temporary signs. Temporary signs shall be subject to the following standards and any additional standards for specific types of temporary signs: 1. Signs are allowed on private properly only and shall not be placed in public rights -of -way or at off site locations. 2. Signs shall not be attached to roofs, temporary structures, trees, utility poles, light standards, and similar items in the public right-of-way. 3. Signs shall not be illuminated 4. Signs shall not move in any manner. 5. Signs shall be constructed of durable material suitable to their location and purpose. 6. Signs and their components shall be promptly removed at the time of expiration. 7. Window signs with non-commercial content or messages shall comply with all regulations of temporary signs related to number, area, size and height. E. Political sign regulations. Political signs shall comply with the following requirements: 1. Political signs shall not be located in the public right-of-way. 56-311P.' Chapter 25.56 Signs 2. No fee or permits shall be required for the right to erect political signs. 3. Where the sign is proposed to be placed on private property, the applicant shalt secure the permission of the property owner. 4. Signs shall not be placed in any manner to create a hazard to public health or safety. 5. Signs shall be removed within 30 days following the election. F. Special event signs. 1. With the approval of the Director, a business may erect one temporary sign, freestanding or mounted on a wall fascia, advertising special events, promotions, or sales. Approval of a sign permit application may allow up to 30 square feet of sign area depending upon the type of event, building design, and right-of-way frontage for a period not to exceed 30 days per year. 2. Signs approved under this section shall be compatible and harmonious with the color of the building and adjacent buildings. When improperly used, special event signs constitute a public nuisance and may be abated. Special event signs for periods in excess of 30 days may only be permitted in compliance with a resolution of the Council, which shall specify the period during which the banner may be displayed. G. Open house signs. Open house signs shall be permitted for an open house, subject to the following provisions: 1. On -site Signs: i. No flags or banners shall be used. ii. Individual logos and colors are allowed for on -site open house signs. iii. Signs shall be located on private property only, unless prior written approval for unique circumstances is obtained from the Director. 2. Off -site Direction Signs: i. Sign lettering must be brown on a beige background, but may include Realtor name and phone number in 2-inch high maximum, plain font. No logos or branding are permitted on off -site directional signs. ii. One off -site directional sign per intersection. One sign permitted on each corner of an intersection, such that no more than three off -site directional signs are allowed in addition to one on -site open house sign for a total of four open house signs. iii. Signs shall be located a minimum of 5 feet from curb with property owner permission for sign location. iv. Sign placement in any City median is prohibited. Chapter 2 5.5 6 Signs 56-32i Page v. Additional lighting, flags, balloons, or any other advertising device as defined in this chapter shall be prohibited. Figure 25.56-15: Open House Off -site Direction Signs 18" OPEN HOUSE 24 „ Figure 25.56-16: Prohibited Locations - Open House Off -site Direction Signs PROHIBITED COPIES 25.56.100 Comprehensive Sign Program A. Purpose. The purpose of a comprehensive sign program is to integrate all of a nonresidential project's signs with the overall site design and the structures' design into a unified architectural statement. A comprehensive sign program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this chapter. Approval of a comprehensive sign program may modify the standards provided in this chapter as to sign number, size, height, illumination, location, orientation, or other aspects of Signs within the limits of this section. 8. Applicability. The approval of a comprehensive sign program by the ARC shall be required whenever any of the following circumstances exist: 1. Whenever three or more separate tenant spaces are present on the same site. 2. Whenever three or more nonexempt signs are proposed for a single tenant. 56-33/Page Chapter 25.56 Signs 3. Whenever signs are proposed to be located on the second story on a multistory building. 4. Whenever an existing multitenant development of three or more tenants is being remodeled or rehabilitated to the extent that it requires review and approval by the ARC. 5. Whenever the Director determines that a comprehensive sign program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.). C. Application requirements. A sign permit application for a comprehensive sign program shall include all information and materials required by the Director. D. Standards. A comprehensive sign program shall comply with the following standards: 1. The proposed sign program shall comply with the purpose and intent of this chapter. 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign program, to the structures and/or developments they identify, and to surrounding development when applicable. 3. The sign program shall address all signs, including permanent, temporary, and exempt signs. 4. The sign program shall accommodate future revisions that may be required because of changes in use or tenants. 5. The sign program shall comply with the standards of this chapter, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes and intent of this chapter. 6. Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this chapter. 7. Review and approval of a comprehensive sign program shall not consider the signs' proposed message content. E. Findings. In order to approve a comprehensive sign program the following findings shall be made: 1. The comprehensive sign program complies with the purpose of this chapter, including the design criteria. Chapter 25.56 Signs 56-34I Page 2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development. 3. The comprehensive sign program contains provisions to accommodate future revisions that may be required because of changes in use or tenants. 4. The comprehensive sign program complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the signs proposed under the comprehensive sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this chapter. F. Revisions to comprehensive sign programs. The Director may approve revisions to a comprehensive sign program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised comprehensive sign program by the ARC. 25.56.110 Nonconforming Signs A. Lawfully permitted nonconforming signs. 1. Lawfully permitted on -premises signs existing at the time of the adoption of the ordinance codified in this chapter on September 10, 2009, that do not comply with the requirements of this chapter shall be deemed lawful nonconforming signs. 2. Nonconforming signs shall not be expanded, extended, rebuilt, altered, or reconstructed in any way, except for normal maintenance or to protect public safety. 3. It shall be the express responsibility of the seller of property or a business to advise the buyer of the provisions of this section relating to the removal of nonconforming signs upon the transfer of ownership of a business. B. Lawful nonconforming signs to be removed. It shall be the responsibility of the business owner, sign owner, or property owner to ensure compliance with this section. Nonconforming signs shall be removed or made to comply with the requirements of this chapter as follows: 1. Within 30 days of the issuance of a sign permit application for a sign on a property on which a nonconforming sign(s) exists. Prior to the issuance for a property on which a nonconforming sign(s) exists, the applicant or owner shall file with the City an irrevocable bond in the amount of $10,000 to guarantee the nonconforming sign(s) shall removed or made to conform with the requirements of this chapter within a specified time. 2. Upon the transfer of ownership of the business. 3. Upon the altering of the nonconforming sign or sign structure in any way or the addition of new sign(s) or a new sign structure. 56-35/P,7g Chapter 25.56 Signs 4. After 90 days of the discontinuance of a business or before a new business occupies the building, whichever comes first. C. Nonconforming signs maintenance. Except for normal repair or maintenance not exceeding 50 percent of the value of the sign, nonconforming signs shall not be modified, altered, moved, or replaced except in compliance with the requirements of this chapter. D. Lawful nonconforming off -site signs (i.e., billboards). Nothing contained in this chapter shall be construed to limit the ability of an owner of a lawful nonconforming off - site sign (i.e., billboard) to periodically change advertising copy. 25.56.120 Abandoned Signs A. Removal of abandoned signs. 1. An abandoned sign or an abandoned nonconforming sign shall be removed within 30 days by the owner or lessee of the premises upon which the sign is located or by a person, organization, or other entity that directly or indirectly receives a benefit from the information contained on the sign. All wording advertising or relating to the discontinued business shall be removed from all nonconforming signs. 2. A sign frame or structure that has been abandoned shalt be removed within 30 days by the owner or lessee of the premises upon which the sign frame or structure is located. B. Presumption that a sign is abandoned. A sign that identifies or advertises a business that has ceased; is located upon a structure that has been abandoned by its owner; has not identified a bona fide business, lessor, service, owner, product, or activity available upon the site, for more than 90 days shall be presumed abandoned. C. Notice that a sign is presumed abandoned. The Director shall send the person responsible for a sign presumed to be abandoned an abandoned sign notification. Failure of the person to respond within 30 days to the abandoned sign notification shall serve as prima facie evidence of intentional permanent abandonment of the sign. 25.56.130 Abatement of Illegal Signs A. Enforcement authority. The Director shall be the enforcement authority for this chapter. B. Abatement of illegal signs. The Director shall not permit, and shall abate, any sign within the City that fails to meet the requirements of this chapter or other applicable law, including temporary signs. Any illegal permanent signs shall be abated by the City. C. Notification and appeal. The Director shall notify the owner or user of a permanent sign that has been installed without a sign permit that the illegal sign shall be removed within 10 days. Upon receipt of this notice, the owner or user of a permanent sign that is determined to be illegal does have the right to file an appeal regarding the decision or notice within 10 days thereafter to the Council pursuant to the provisions of Chapter 8.20 of this title. Chapter 25.56 Signs 5636/ Page 25.56.140 Penalties A. Violations of any of the provisions of this chapter are infractions and/or misdemeanors punishable as provided for in Palm Desert Municipal Code, Section 8.20.020(L). B. If the installation of a sign is commenced prior to obtaining an approved sign permit application, the applicable fee for a sign permit application shall be doubled. 56-371Page Chapter 25.36 Signs Exhibit B — Sign Ordinance (Clean) Chapter 25.56 — Signs Sections in this Chapter 25.56.010 Purpose and Intent. 25.56.020 Applicability Sign Permit and Design Review Requirements Exempt signs Prohibited Signs General Provisions for All Signs Permanent Signs Standards for Specific Types of Permanent Signs Temporary Signs Comprehensive Sign Program Nonconforming Signs Abandoned Signs Abatement of Illegal Signs Penalties 25.56.030 25.56.040 25.56.050 25.56.060 25.56.070 25.56.080 25.56.090 25.56.100 25.56.110 25.56.120 25.56.130 25.56.140 56-1 56-1 56-3 56-4 56-5 56-5 56-10 56-18 56-29 56-33 56-35 56-36 56-36 56-37 25.56.010 Purpose and Intent The intent of this chapter is to implement the goals and policies of the Genera} Plan, particularly with regard to developing a City that is visually attractive and preserving and enhancing the visual aspects of the City's streets, highways, vistas and view sheds. The purpose of these regulations is to: A. Provide each sign user an opportunity for adequate identification while guarding against excessive advertising and the confusing proliferation of signs by regulating the time, place, manner, and design quality under which signs may be displayed. B. Ensure signs are in harmony with the building, the neighborhood (both existing commercial and residential or existing or proposed residential communities), and other signs in the area by eliminating sign clutter and promoting compatibility, proportion, simplicity, design quality, and sign effectiveness. C. Protect the safety of motorists and pedestrians by minimizing the distraction of excessive and intrusive signs as well as to protect the life, health, property, and general welfare of residents and visitors. 25.56.020 Applicability A. Signs allowed. The sign standards provided in this chapter are intended to apply to all types of signs in all zoning districts in the City. Only signs authorized by this chapter shall be allowed. Signs erected illegally shall be abated in compliance with Section 25.56.130 (Abatement of illegal Signs). 56-11 Chapter 25.56 Signs B. New zoning district. If a new zoning district is created after the enactment of this chapter, no signs shall be allowed until this chapter is amended to govern the new zoning district. C. Sign review criteria. The sign review criteria specified in this section shall be used by the applicable review authority during the design review process to ensure that signs are well designed, compatible with their surroundings, and do not detract from the overall visual quality of the City. D. Nonconforming signs. An existing legally permitted sign that does not conform to the requirements of this chapter shall be deemed a lawful nonconforming sign and shall be subject to the requirements of Section 25.56.110 (Nonconforming Signs). E. Official signs. Nothing contained in this chapter shall prevent the installation, construction, or maintenance of official traffic, fire, or police signs, temporary traffic - control signs used during construction and maintenance of utility facilities, and substructure location and identification signs required to protect these facilities, devices, and markings of the state Department of Transportation, Director, Council, or of other competent public authorities, or the posting of the notices required by law. 25.56.030 Sign Permit and Design Review Requirements A. Purpose and applicability. This section provides a review procedure prior to the installation of signs, to ensure that the design implements the objectives of the General Plan and is consistent with the building site design and building architecture. B. Sign permit application. It is unlawful for any person to place, alter, or to permit the placement or alteration of a sign, including painted signs, upon any property without first obtaining an approved sign permit application from the Department. Signs that are exempt from this requirement are listed in Section 25.56.040 (Exempt Signs). C. Application contents. Applications for sign permits shall be made on a form provided by the Department and shall be accompanied by a fee as established by Council resolution. The application shall provide the information and material specified in the department's handout for a sign permit application. The applicant shall also provide a signed statement from the property owner or authorized representative that the owner or representative has reviewed the proposed sign(s) and approves of the proposed sign(s) and their location prior to submittal of the sign permit application to the City. D. Design review required. The following sign types and sign programs shall be submitted to the ARC for approval prior to approval of a sign permit application: 1. Freestanding signs (freeway -oriented monument signs and monument signs) require a sign design review as required by Section 25.68.050 (Sign Design Review). 2. All new awnings, including color change to existing awnings, shall require design review required by Section 25.68.050 (Sign Design Review). 3. Comprehensive sign programs shall be reviewed for compliance with Section 25.68.060 (Comprehensive Sign Programs). Chapter 25.56 Signs 56-2J Page 4. Individual signs for any building with more than 100 lineal feet of building frontage facing a public or private right-of-way shall be reviewed according to Section 25.68.050 (Sign Design Review). 5. Any sign that the Director determines should be reviewed by the ARC due to the unique design, context, color, size, shape, location, or circumstance of the sign are subject to the requirements of Section 25.68.050 (Sign Design Review). E. Sign Review Criteria. In approving or rejecting a sign permit application, the reviewing authority shall consider the design review criteria provided herein. The design criteria shall not be construed or applied in a manner as to violate any legal rights bestowed by state or federal law. The reviewing authority shall find: 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 chapter and title; 3. That the sign does not constitute a detriment to public health, safety and welfare; 4. That the size, shape, color, height, and placement of the sign is compatible with and will have a harmonious relationship to the building it identifies, the surrounding neighborhoods, and other signs in the area; 5. 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 located; 6. That the location, height, and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs; 7. 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; 8. That the location and design of a proposed sign in close proximity to a residential district does not adversely affect the value or character of the adjacent residential uses; 9. That any neon tubing used in conjunction with any sign is incorporated as an integral part of the sign design with careful attention to color, intensity of light, and the use of colors that are not overly bright; and 10. That the quantity of information displayed in the sign does not cause visual clutter. 56-3IPage Chapter 25.56 Signs 25.56.040 Exempt signs The following signs, if not illuminated, shall be allowed in residential, commercial, and industrial zoning districts without a sign permit application subject to any specific limitations provided below: A. Nonresidential only; one identification sign not exceeding 1 square foot in area displaying only the name and address of the owner or occupant and/or hours of business operation. B. Temporary signs in compliance with Section 25.56.090 (Temporary Signs). A temporary sign permit may be required in some instances. C. Signs inside a building set back 5 feet or more from a window and not readily visible from public right-of-way. D. Directional or safety signs provided that signs do not exceed 3 square feet per face. E. Official emblems or flags of nonprofit organizations. F. Religious, charitable, educational, or cultural posters not exceeding 16 square feet in area and not displayed for a period greater than 30 days. G. A "no trespassing" or "no dumping" sign not exceeding 3 square feet shall be permitted for each property in addition to other authorized signs. H. Governmental or other legally required posters, notices, or signs. I. Political signs in compliance with the provisions of Section 25.56.090.C. J. Directional and public convenience signs for public and quasi -public uses. The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the Director. K. Utility or telephone pay station signs. L. Bingo signs provided that said signs shall not exceed a maximum of 3 square feet in area; are not installed more than 48 hours before the event; and are removed immediately following the event. M. Lottery signs for a business licensed to sell California State Lottery tickets shall be entitled to one window- or door -mounted lottery decal 5.5 inches by 5.5 inches and no more than one specific identification poster not to exceed 7 square feet. N. "Open" signs, either mounted on the inside of a window or on a pedestal near the main entrance if a window sign is not used. Maximum sign area shall be 3 square feet. Signs may be double -sided. Pedestal signs shall be located on private property and shall not interfere with pedestrian movement. Signs shall not flash, move, blink, rotate, or appear to do any of the foregoing. Chapter 25.56 Signs 564f Page 25.56.050 Prohibited Signs The following signs, displays, and devices, as defined in Chapter 25.99 are prohibited in the City: A. Advertising devices. B. Awnings that are back -lit (internally illuminated) so that the awning radiates Tight. C. Business and identification signs that mention more than two goods or services sold or available on the premises. D. Cabinet or can signs that are internally illuminated with translucent panels that allow the entire sign background to be illuminated. Signs with internal illumination are permitted only if the sign background is opaque and the only portion of the sign that appears illuminated is the lettering and/or a registered trademark or logo. E. Electronic changeable copy signs. F. Commercial mascots. G. Neon signs, except those placed in windows. H. Off -site outdoor advertising signs (billboards). I. Pole signs. J. Roof signs. K. Signs that rotate, move, flash, blink, or appear to do any of the foregoing with the exception of approved time and temperature displays. L. Signs on public property, in the public right-of-way, or on public utility poles unless otherwise authorized by this chapter. Signs 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 identification signs, and permitted signs on taxicabs. M. Temporary or portable freestanding signs, except as otherwise provided in this chapter. N. Vehicle signs. 25.56.060 General Provisions for All Signs A. Compliance required. No person shall erect, re -erect, construct, enlarge, alter, change copy, repair, move, improve, remove, convert, or equip any sign or sign structure in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter. 56-5/Page Chapter 25.56 Signs B. Uncertainty of chapter provisions. The ARC shall have the authority to interpret the provisions of this chapter at the request of the Director, or when an appeal of a decision of the Director is filed with the ARC. C. Sign integration requirement. All signs shall be designed as an integral part of the overall building design and shall be located in a manner consistent with the building's design. D. Sign construction. Signs that are not temporary signs shall be constructed of permanent materials, including but not limited to metal, wood, acrylic, or other comparable durable weatherproof materials. E. Sign area computation. The area of signs shall be calculated according to Figure 25.56-1 (Sign Area Calculations). Figure 25.56-1: Sign Area Calculations LETTERING WITH NO SIGN BOARD SIGN si "FOR TENANt Sign LETTERING WITH SIGN BOARD ODD SHAPED SIGN J SIGN Sign Width 11 ►► z co, Chapter 25.56 Signs 56-6f Page 1. The area of a sign shall be measured within a single continuous perimeter of not more than eight 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 the sign from the background against which it is placed. 2. In the case of a sign designed with more than one exterior surface (e.g., two sides), the area shall be computed as including only the maximum single display surface that is visible from any ground position at one time. 3. The supports, uprights, or structure on which any sign is supported shall not be included in determining the sign area unless the supports, uprights, or structures are designed in a manner as to form an integral background of the display. F. Sign height measurement — freeway -oriented monument signs and monument signs. The height of a monument sign shall be measured from the highest part of the text area of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever the ❑irector determines is appropriate given the physical characteristics of the site. ❑ecorative features of the sign approved by the ARC may be excluded from the measurement of sign height. Figure 25.56-2: Sign Height Measurement —Monument Signs Sign Height G. Sign height —wall signs. The uppermost part of a wall -mounted sign shall not be higher than the eave line of the building on which it is located as measured from the underside of the eave and in no event higher than 20 feet. 56-7f Chapter 25.56 Signs Figure 25.56-3: Sign Height Measurement -Wall Signs The upper most part of a wall -mounted sign shall not be higher than the eave line of the building on which it is located L H. Electrical raceways and conduits. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical, or doing so would damage significant architectural features or materials, the ARC may grant a waiver of this requirement provided all raceways, conduits, and similar devices are designed in a way that they appear to be part of the overall sign or building design. Frontage on two or more streets. A business on a lot that has frontage on more than one street shall be allowed the authorized sign area on each street; provided, that the permitted sign areas may not be accumulated on one street and shall not exceed the allowed sign area of any one street. J. Sign removal or replacement. When a sign is removed all brackets, poles, and other structural elements that supported the sign shall also be completely removed. All holes and affected building surfaces shall be restored to match the adjacent portion of the building. K. Sign colors. The standards for signs in this chapter are premised aesthetically on the use of limited colors per sign so as to minimize excessive contrast and thereby establish more readable, less confusing signs. Signs for commercial complexes, shopping centers, other commercial and industrial development, including individual businesses, shall be limited by the following: 1. Signs shall be limited to a maximum of three colors per sign. If a federally regulated trademark sign has more than three, then the maximum size allowed for that sign shall be reduced by 20 percent for each additional color. 2. For purposes of calculating reductions in size where more than three colors are involved, the maximum sign size resulting from the first 20 percent reduction shall form the basis for the second 20 percent reduction, and so on for each subsequent 20 percent reduction. For example, if the maximum size allowed for Chapter 25.56 Signs 56-81 P a given three -color sign is 10 square feet, then the maximum size allowed for a five -color sign would be 6.4 square feet: 80% x (10 x 80%). 3. The ARC may waive the above -noted required size reduction or part thereof if it specifically finds that the proposed sign is desirable due to its quality, uniqueness, design, or other features determined by the ARC. L. Illuminated signs and lights. The following standards shall apply to all illuminated signs: Do This 1. All illuminated signs shall be designed with a dimmer system to avoid undue glare or reflection of light on private property in the surrounding area. 2. External light sources shall be shielded from view and directed to illuminate only the sign face (see Figure 25.56-4 below). Figure 25.56-4 Sign Illumination Don't Do This 3. Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and/or a registered trademark or logo. 4. Reflective -type bulbs and incandescent lamps shall not be used on the exterior surface of signs so that the bulb or lamp is exposed to view from any direction. 5. Each new illuminated sign shall be subject to a 30-day review period during which time the Director may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Director may order the dimming of any illumination found to be excessively bright. M. Signs to face public or private right-of-way. Ali signs permitted under this chapter shall be placed on the side of property facing a public or private right-of-way. N. Maintenance of signs. 56-91 Chapter 25.56 Signs 1. For the public health, safety, and welfare all signs shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts, wiring, ballast, painting, repainting, cleaning, and other acts required for the maintenance of the sign. If the sign is not made to comply with safety standards, the Director shall require its immediate repair or removal in compliance with this chapter. 2. Signs illuminated either internally or externally shall be capable of being fully illuminated and legible with the face(s) intact (without holes or other exterior damage). Any illuminated sign not in compliance with these and other maintenance standards in this section shall be cited by the Director and shall be brought into compliance with applicable standards or proof of a contract for repair and maintenance shall be approved within 30 days or shall be subject to abatement as a public nuisance. Illuminated signs that, because of expired or damaged lighting elements, become non -legible shall be ordered to remain unlighted until repaired. 3. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. 4. In the case of abandoned signs, the identification, name, and copy pertaining to the abandoned business shall be removed and replaced with a blank panel or white space within 30 days of vacating the business. 5. When it is determined by the City that a sign may cause imminent danger to the public safety and contact cannot be made with a sign owner or building owner, no written notice shall be required. In this situation, the City may correct the danger. The City shall Cause to have removed any sign that endangers the public safety, including abandoned, materially dangerous, electrically, or structurally defective signs. 6. Notices of violation shall be sent by the Director by certified mail. Time periods provided in this section shall be deemed to commence on the date of the mailing. Any person having an interest in the sign or the property may appeal the citation ordering the removal of compliance by filing a written notice of appeal with the Director within 30 days after the date of mailing the notice, or 30 days after receipt if the notice was not mailed. 7. Signs removed by the City shall become the property of the City and may be disposed of in any matter deemed appropriate by the City. The cost of the removal of any sign by the City shall be considered a debt owed to the City by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the City or by assessment against the property. The cost of removal shall include any incidental expenses incurred by the City in connection with the sign's removal. 25.56.070 Permanent Signs A. Purpose. The number and area of signs as provided in this chapter are intended to be maximum standards. However, the standards do not necessarily ensure architectural Chapter 25.56 Signs 56-10I Page compatibility. Therefore, in addition to the enumerated standards, the approving authority shall also give consideration to a sign's relationship to the overall appearance of the subject property, as well as the surrounding community with the goal being to minimize visual pollution, excessive illumination, and excessive contrasting colors. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval. B. Relationship to other provisions. The tables contained within this section provide regulations for permanent signs in residential and nonresidential zoning districts. References in the last column provide additional regulations for specific sign types located elsewhere in this chapter. In the case of an inconsistency between regulations provided in the tables and regulations provided for specific sign types, the regulations for specific sign types shall take precedence. C. Signs allowed in residential zoning district. Table 25.56-1 (Signs Allowed in Residential Zoning Districts) provides dimension and other development standards. 56-11 Page Chapter 25.56 Signs Sign Class Table 25.56-1: Signs Allowed in Residential Zoning Districts Allowed Sign Types Max. Number Max. Sign Area 1. Name plate One per Single-family Wall single-family 2 sq. ft. uses use 2. Identification One sign per 10 sq. ft. plus sign complex one Multifamily or Wall or Alternative: 2 additional sq. condominium monument signs per ft. for each 10 complex sign main units. entrance with max. 15 Max. 50 sq. sq. ft. each ft- total Max. Sign Height Below eave of roof or parapet or 4 ft. if on pole Below eave of roof or parapet for wall sign 3. Identification sign Wall or Two signs per monument primary 40 sq. ft. total 6 ft. Residential sign entrance community One sq. ft. of sign area for 4. Identification each 10 sign Wall or One sign per lineal ft. of street Mobile home monument frontage street 6 ft' park frontage. Max. 40 sq. ft. total 5. Identification sign Nonresidential uses 6. Identification sign Commercial uses (offices) 7. Identification sign Hotels and motels 8. Temporary signs Wall or monument One sign sign Wall or monument One sign sign 20 sq. ft. 20 sq. ft. Below eave of roof or parapet for wall sign. 6 ft. for monument sign Below eave of roof or parapet for wall sign. 6 ft. for monument sign Location Near main entrance At or near main entrance Lighting Allowed Internal only External Additional Name of occupancy and address only Name of complex only At primary entrances to External Name of residential only complex only community At primary entrances to External Name of mobile home only complex only park At primary External entrance only At primary External entrance only Standards shall be the same as for uses in commercial and industrial zones. However, the number of signs, sign area, height, and illumination may be reduced if the use is located in or adjacent to a residential zone See Section 25.56.090 (Temporary Signs) Allowed for churches, day care centers, private clubs, and similar uses Only for commercial uses allowed with a conditional use permit (offices) in the R-3 zone Only for hotels and motels allowed with a conditional use permit in the R-3 zone D. Signs allowed in commercial and industrial zoning district. Table 25.56-2 (Signs Allowed in Commercial and Industrial Zoning Districts) provides dimension and other development standards. Chapter 25.56 Signs 56-121 r=..,_ Table 25.56-2: Signs Allowed in Commercial and Industrial Zoning Districts Sign Class Allowed Sign Types Building -Mounted Signage la. Business Flush - identification mounted or sign projecting Up to 50 ft. of Building - building mounted wail frontage sign Max. Number of Signs One per building frontage Max. Sign Area 1 sq. ft. of sign area per lineal loot of Within 100 ft. building of public frontage ROW Max. sign area 50 sq. ft. 1.5 sq. ft. of sign area per lineal foot of More than building 100 ft. from frontage public ROW Max. sign area 75 sq. ft. 50 sq. ft. of sign area for 1 b. Business Flush- first 50 ft. of identification mounted or frontage; and sign projecting One per 0.5 sq. ft. of 50-100 ft. of building- building sign area for mounted wall frontage each lineal ft. building frontage sign of building frontage up to 100 ft. Within 100 ft. Max sign of public area 75 sq. ROW ft. 75 sq. ft. of sign area for first 50 ft. of frontage; and 0.5 sq. ft. of More than sign area for 100 ft from each lineal ft. public ROW of building frontage up to 100 ft. Max. sign area 100 sq.ft. Max. Sign Height Below eave line of building and not higher than 20 ft. Below eave line of building and not higher than 20 ft. Sign Location Sign shall be located adjacent to the right-of- way from which its area is determined Sign shall be located adjacent to the right-of- way from which its area is determined Lighting Allowed Yes Yes Additional Requirements Section 25.56.080.A Section 25.56.080.A 56-13JP1cj, Chapter 25.56 Signs Sign Class Allowed Sign Types Max. Number of Signs Max. Sign Area Max. Sign Height Sign Location Lighting Allowed Additional Requirements lc. Business Flush - identification mounted or sign projecting More than building- 100 ft. of mounted wall frontage sign One per building frontage 75 sq. It of sign area for first 100 ft. of frontage; and 0.25 sq. ft. of sign area for each lineal ft. of building frontage in excess of 100 ft. Below eave line of building and not higher than 20 ft. Sign shall be located adjacent to the right-of- way from which its area is determined 100 sq. ft. of sign area for first 100 ft. of frontage; and Within 100 ft. 0.25 sq. ft. of ARC of public sign area for approval ROW each lineal ft. required of building frontage in excess of 100 ft. More than 100 ft. from public ROW 2. Business identification sign Secondary business signs 3. Business identification sign Freeway - oriented signs Building - mounted wall sign Flush - mounted or projecting Max sign area as approved by ARC The total aggregate sign area of the secondary sign(s) Two per together with business the primary Below eave subject to the sign shall not line of maximum sign exceed the building and area allowed maximum not higher for the sign area than 20 ft. business allowed for the business as determined by items la, lb, and lc above Building- One sign mounted wall facing the sign freeway Single tenant building; one- half the sign area allowed for the front of the building Multitenant building: 16- inch high letters maximum Below eave line of building and not higher than 20 ft. ARC approval required On the freeway side of the building Yes Yes Yes Section 25.56.080.A Sign design shall be consistent with primary business sign and shall be ancillary to the main business sign Section 25.56.080.0 Signs shall be reverse "halo" lit or non -illuminated individual letters Illuminated signs turned off at 11:00 p.m. Section 25.56.080.H Chapter 25.56 Signs 56-141 Piig Allowed Max' Max. Sign Max. Sign Sign Lighting Additional Sign Class Sign Types Number of Signs Area Height Location Allowed Requirements 4. Business identification sig n Second story business sign Building - mounted, One sign per flush business mounted only 50% of sign area allowed Below eave for business line of in single- building story building Freestanding freeway -oriented monument signs and monument signs 5a. Business identification si gn Multitenant sites less than 5 acres 5b. Business identification sign Multitenant sites with more than 5 acres Freestanding monument sign Freestanding monument sign One sign per street frontage One sign per street frontage Maximum of one-half the total sign area allowed for the front 6 ft. unless of the topographic building. The or other sign area of features the necessitate monument a higher sign shall be sign. In no in addition to event shall the allowed total sign sign area for height the building exceed 10 ft. or business. Maximum sign area 50 sq.ft. 10 sq. ft. per acre of subject site. The sign area of the monument sign shall be in addition to the allowed sign area for the building Maximum sign area 100 sq.ft. 6 ft. unless topographic or other features necessitate a higher sign. In no event shall total sign height exceed 10 ft. Shall be located on the side of the building where the majority of the business is located Yes Yes Yes To identify a building, commercial or industrial complex, or shopping center with frontage on a public or private street Section 25.56.080.B Section 25.56.080.E 56-15IPaye Chapter 25.56 Signs Sign Class Allowed Sign Types Max. Number of Signs Max. Sign Area Max. Sign Height Sign Location Lighting Allowed Additional Requirements 5c. Freeway- Freestanding oriented Freeway monument monument Signs sign Miscellaneous signs 6. Business identification sign Awning sign 7. Business identification sign Window sign Permanent awning sign Permanent window sign One per 1,000 lineal feet of freeway frontage Two for planned commercial centers in excess of 1,600 lineal feet of freeway frontage One sign per awning Allowed in addition to other signs One sign per individual window Allowed in addition to other signs 450 sq. ft. Letter height shall not exceed one- third of the awning height 25% of total window area facing a public street or public parking area including temporary window signs 40 ft. Not allowed above ground floor windows Located along freeway frontage with a minimum Yes. setback of 10 ft. and a maximum setback of 50 ft. Section 25.56.08061 Planned Commercial development abutting Interstate 10 Placed on the awning or awning No valance, but not on both On inside of window Yes surface Section 25.56.080. E Section 25.56.080.D Near main 8. Business A -frame, One per entrance on identification pedestal, or establishment 3 sq. ft. private sign another well- Allowed in May be two- 54 inches property, No Pedestrian- designed addition to sided and oriented oriented sign sign stand other signs to pedestrians 9. Attraction boards Theaters and nightclubs Building- One per mounted establishment Flush- Allowed in mounted or addition to projecting other signs 25 sq. ft. for flush - mounted 15 sq.ft. per side for projecting Below eave line of building and not higher than 20 ft. Yes Section 25.56.080.G Section 25.56.080.J Chapter 25.56 Signs 56-16f Page Allowed Max. Max. Sign Max. Sign Sign Lighting Additional Sign Class Sign Types Number of Signs Area Height Location Allowed Requirements 10. Menu board Restaurant menu board 11. Multitenant courtyard or plaza Business directory sign Building - mounted or window May be on pedestal if restaurant is set back more than 5 ft. from ROW Wall or ground sign One per 3 sq. ft. establishment One per courtyard or plaza Allowed in addition to other signs Shall not encroach Within into the window area public right - or 6 ft. if on of -way or pedestal obstruct pedestrian movement 1.5 sq. ft. of sign area per tenant, plus an additional 2 sq. ft. to 7 ft. provide directions to the courtyard or plaza Near main entrance to courtyard or plaza and oriented to pedestrians 12. Gasoline service stations. See Section 25.56.080(L) (Gasoline Service Stations) 13. Temporary signs. See Section 25.56.090 (Temporary Signs) Yes No Section 25.56.080.K Section 25.56.080.1 56-171Fage Chapter 25.56 Signs 25.56.080 Standards for Specific Types of Permanent Signs A. Building -mounted wall signs. Figure 25.56-5: Wall Sign Examples fresh &easy4-4„. 1. Signs shall be located only on a building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located. Chapter 25.56 Signs 56-181 P Do This Figure 25.56-6: Appropriate Wall Sign Location SIGN Don't Do This r 2. Electrical raceways for signs shall be designed as an integral part of the sign or building design and shall not be visible. Figure 25.56-7: Electrical Raceways 56-19jPag' Chapter 25.56 Signs 3. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. 4. Signs shall be located within the middle 50 percent of the building or occupancy's frontage (e.g., in -line tenant) measured from lease line to lease line. Figure 25.56-8: Appropriate Wall Sign Location (In -line Tenant) Middle 50% of Building or Occupany Frontage SIGN Building or Occupany Frontage Middle 50%of Building or Occupany Frontage MEE Building or Occupany Frontage 1' 5. Signs located on adjacent walls on the same building shall be separated at the corners of the building with adequate spacing. Figure 25.56-9: Required Separation for Wall Signs Ad uate S acin Mar Chapter 25,56 Signs 56-20 'Page B. Freestanding monument signs. Figure 25.56-10: Freestanding Sign Examples 1. Freeway -Oriented Monument Signs All freeway -oriented monument signs shall be identified as part of a Sign Program for a commercially developed center and are subject 56-21 I Chapter 25.56 Signs to the review requirements established in Section 25.56.100 and the requirements below. 1. Sign Programs shall include: a. Line of sight studies. b. Photo simulations and sign renderings for both night/day. ii. One freeway -oriented monument sign is permitted for planned commercial properties within the Freeway Commercial Overlay Zone, greater than 10 acres in size and with at least 1,000 feet of lineal frontage abutting Interstate 10. iii. When a planned commercial center has freeway frontage in excess of 1,600 lineal feet, one additional freeway monument sign shall be permitted. Multiple freeway -oriented monument signs for the same planned commercial center shall be separated by a minimum distance of 400 lineal feet. iv. Signs shall not exceed a maximum hieght of forty (40) feet. Deviations in sign height, up to 20 percent, may be approved by the Architectural Review Commission for artistic elements and superior design quality. v. All signs shall be of an artist and enhanced design that is architecturally compatible with the architecture of the commercial center. vi. When approving any freeway sign the ARC shall affirmatively make the finding that the approval shall visually enhance the aesthetic quality of the property on which the sign is to be located. 2. Monument Signs A single -tenant building, multitenant building with unshared access, commercial or industrial complex, or shopping center shall be entitled to one freestanding monument sign per frontage on a public or private street. ii. When a shopping center or industrial park has street frontage on any one street in excess of 1,600 lineal feet, one additional sign shall be permitted. Freestanding signs on the same street shall be separated by a minimum distance of 400 lineal feet. All freestanding monument signs shall be placed within a permanently landscaped area not less than 24 square feet, be architecturally compatible with the building or complex, and not encroach in the public right-of-way. Chapter 25.56 Signs 56-221 Page iv. When approving any freestanding sign the ARC shall affirmatively make the finding that the approval shall visually enhance the aesthetic quality of the property on which the sign is to be located. v. Freestanding monument signs shall not contain phone numbers. C. Secondary business signs. Figure 25.56-11: Secondary Business Signs Secondary Signage Secondary Signage 1. Secondary business signs shall be clearly ancillary to the main business sign and in no event shall the aggregate sign area exceed the maximum permitted under this chapter. 2. The design of secondary business signs shall be architecturally consistent with the main business identification sign. 3. The total aggregate sign area of the primary sign together with the secondary sign shall not exceed the maximum sign area allowed for the business. 4. Where a proposed secondary business sign is a registered federally regulated trademark sign, the size of the trademark sign may be subject to size reduction requirements in compliance with Section 25.56.060 (General Provisions for All Signs). 5. No more than two secondary signs allowed except as otherwise provided in this chapter. 6. Secondary signs shall not contain phone numbers. 7. Slogans, mottos, or sayings may be used instead of secondary business signage. D. Window signs —permanent. 56-23/Page Chapter 25.56 Signs Figure 25.56-12: Window Signs (Permanent) FINE MENSWEAR SINCE 1923 1. The aggregate area of all window signs shall not exceed 25 percent of the total window area of a storefront. 2. Signs shall be permanently painted, etched, or mounted on the inside of windows. 3. Illuminated (LED, neon, etc.) window signs shall be allowed as permanent window signs, and shall not exceed 15 square feet in size. The area covered by the illuminated sign(s) shall count towards the maximum 25 percent window coverage limitation as described above. These signs shall Chapter 25.56 Signs 56-24 j not be allowed in windows fronting on El Paseo and shall not rotate, move, flash, blink, or appear to do any of the foregoing. 4. Window signs shall be allowed in addition to the aggregate sign area allowed for wall and projecting signs. 5. Signs within 5 feet of a storefront window shall be counted as window signs. E. Signs on awnings, marquees, canopies, arcades, or similar structures. Figure 25.56-13: Awning Signs 1. All awnings shall be reviewed and approved by the ARC. The awning shall be architecturally compatible with the building and as a result an awning may not be appropriate for every building. 56-25j. Chapter 2 5.5 6 Signs 2. Signs on awnings shall be kept in good repair, clean, and not faded. 3. Signs on awnings (lettering and numbers), including lettering style and colors shall blend aesthetically with the awning and building to which it is attached. 4. When required by the building official, street address numbers shall comply with the requirements of Palm Desert Municipal Code Section 15.15.010 and Table 15.15.020(A). 5. Awnings shall not contain phone numbers. F. Projecting signs. Projecting signs shall not extend below 8 feet from the sidewalk or the right-of-way. Figure 25.56-14: Projecting (Blade) Signs G. Pedestrian -oriented signs. Chapter 25.56 Signs 56-26J 1. Businesses in the commercial and industrial districts may place a pedestrian oriented A -frame or pedestal mounted "open" sign in front of a business, subject to the following standards: a. Maximum sign area shall be 3 square feet for pedestal signs on each side, and 5 feet for A -frame signs on each side; b. Maximum sign height shall be 54 inches; c. Signs shall be placed on private property in a location that does not impede pedestrian traffic flow; d. Signs shall be designed and located so as to not distract from the appearance of the building or violate the intent of this chapter; e. Signs shall not include extraneous verbiage advertising the business, specials, or sales events; and f. Signs shall be removed when the business is not open for business. 2. For businesses on El Paseo, the above standards apply with the following additional standards: a. Signs shall be placed on private property in a location that does not impede pedestrian traffic flow; b. Allowed only during the summer months between June 1 and October 1, or before 10 a.m. when a business is actually open at that time, during construction of a storefront, and/or any time a business is the sole tenant of an otherwise -vacant multi -tenant building; c. Signs permitted under this Subsection shall be limited to the word "open," the business name and logo, and hours of operation only; d. City approval of the sign is required. A City approval identity sticker will be issued and must be placed on the sign; and e. Signs shall be professionally designed and fabricated, and well - maintained at all times. H. Building -mounted signs facing the freeway. Businesses located in buildings with one side facing the freeway shall be entitled to one sign on the freeway side of the building in addition to other allowed signs for the front of the building, provided the freeway facing sign complies with the following requirements: 1. Signs for single -tenant buildings shall be limited to 50 percent of the total sign area allowed on the front of the building. 56-27fPage Chapter 25.56 Signs 2. Signs for multitenant buildings and individual business signs shall be limited to a maximum of 16-inch high letters. 3. All signs facing the freeway shall use black font type Bernard Gothic T Medium, except for federal trademark signs. 4. All signs facing the freeway shall be either reverse "halo" lit or non -illuminated individual letters. 5. Illuminated signs shall be turned off and non -illuminated after 11 p.m. 6. No logos, slogans, or phone numbers as part of the signage allowed. I. Directional signs for courtyard or plaza businesses. Where commercial buildings or complexes are designed to contain tenant spaces oriented to an interior courtyard or plaza and where the principal business identification sign is located on that courtyard or plaza frontage, the commercial building or complex shall be permitted a pedestrian directional sign(s). The directional sign shall group the names of businesses and/or principal services to be found in the courtyard or plaza subject to the following standards: 1. Signs shall be located at major pedestrian entrances to the plaza or courtyard. 2. Signs shall not encroach into the public right-of-way. 3. Signs shall be properly integrated into the architectural and landscape design of the building. 4. Signs including supports shall have a maximum width of 4 feet, whether wall - mounted or freestanding. J. Attraction boards for theaters and nightclubs. In addition to the principal sign area, one attraction board to advertise nightclub or theater entertainment shall be allowed. The information 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. K. Restaurant menu boards. In addition to the principal sign area, a restaurant may have one sign on a wall or window displaying the menu and/or daily specials. When a restaurant is set back more than 5 feet from the public right-of-way or pedestrian walkway, a freestanding easel may be set up within the setback to display the menu board during hours when meals are being served. The sign shall not encroach into the public right-of-way or obstruct pedestrian movement. L. Gasoline service stations. Gasoline service stations shall be limited to those signs approved by the ARC as a part of their action on a conditional use permit and/or amendment thereto. Service station signs shall not exceed the following limitations: 1. One double-faced freestanding monument sign not to exceed 24 square feet in area or not to exceed 8 feet in height, and advertising only the name of the company. Chapter 25.56 Signs 55-28/ Page 2. One 10-square-foot maximum wall sign advertising the company name and/or operator. 3. One wall or ground sign, not exceeding 8 square feet in area and 8 feet in height for a ground sign, advertising the actual lowest price per gallon including all taxes at which gasoline are currently being offered. Any special conditions required for sale at the lowest price shall also be indicated. 25.56.090 Temporary Signs A. Applicability. The temporary signs listed below in Table 25.56-3 (Temporary Sign Standards) shall be allowed subject to the requirements of this section. Temporary signs in violation of this section shall be treated as illegal signs and shall be subject to abatement under the requirements of Section 25.56.130 (Abatement of Illegal Signs). B. Civic events. Nothing contained in this section shall prevent the Council from granting a special permit application or otherwise permitting signs, displays, or advertising pertaining to a civic, patriotic, or special event of general public interest taking place within the City when it can be found that the signs, displays, or advertising will not be materially detrimental to the public welfare, interest, or safety, nor injurious to adjacent property or improvements. C. Number, size, height, and duration. Table 25.56-3 (Temporary Sign Standards) provides standards for temporary signs. Temporary signs are allowed in addition to the number of permanent signs allowed for the property. 5629'Page Chapter 25.56 Signs More than 100 feet Special signs Special event banner New business establishment identification Trade and construction project signs New Residential New subdivision identification sign New subdivision directional signs Table 25.56-3: Temporary Sign Standards Sign Type Maximum Number Maximum Area Maximum Height Duration Additional Standards Temporary window signs'2 Commercial and industrial zones only Lineal feet of window area 50 feet or less One sign 51-100 feet One sign One sign One sign building - mounted or freestanding One sign One sign per street frontage Shall not obstruct visibility at intersections Development One double -face sign, or two single - face signs per street frontage Two signs per street frontage Realty and lease signs Realty sign Single-family residential Realty sign Open house signs One sign per street frontage One on -site, three off -site 10% of total window area 15% of total window area 25°I0 of total window area 30 sq. ft. See Section 25.56.070 Table 25.56.21a, lb or 1c 16 sq. ft. per 20,000 sq. ft. of site area Max. 32 sq. ft. 48 sq. ft. per sign face 15 sq. ft. each 3 sq. ft., plus one rider sign; 5 in. x 16 in. 3 sq. ft. N/A 30 days Below eave line of building 30 days per year Below eave line of 60 days building 8 ft. During active building permit Removed before notice of completion 8 ft. Until all units in the project are sold Allowed for sales and promotions Placed on inside of window Section 25.66.090.D Allowed only while permanent signs are being obtained On property where construction is taking place Shall list only firms connected with the development project 8 ft. Until all units in the Sign placement to project are sold direct persons to the subdivision entrance 4 ft. During time when realty is offered for sale or rent 4 ft. on -site 3 ft. off -site While a salesperson is physically present on the premises Section 25.56.090 Section 25.56.090.G Chapter 25.56 Signs 56-30j' Page Sign Type Realty sign Other than single family in residential zone Lease potential sign Future development Realty sign Maximum Number One sign per street frontage One two-sided sign per street frontage One two-sided sign per street frontage Personal property Three signs sale. block party, or similar event Maximum Area 12 sq. ft. 32 sq. ft. 16 sq. ft. 3 sq. ft. Maximum Height 4 ft. 6 ft. Duration During time when realty is offered for sale or rent Displayed after ARC project approval Removed before notice of completion 6 ft. During time when realty is offered for sale or rent 4 ft. Two days within a 30-day period Political signs See Section 25.56.090.E (Political Sign Regulations) Additional Standards Section 25,56.090 May advertise lease potential for future development prior to and during construction No riders outside of the 32 sq. ft. area No riders outside of the 16 sq. ft. area One on the property where the event is being held, and two off -site on private property. Notes: 1. Businesses that are set back more than 250 feet from a public right-of-way (street) may double the temporary window sign area. Businesses that are set back more than 600 feet from a public right-of-way (street) may triple their otherwise entitled temporary window signage. 2.Does not include signs and decorations painted on or applied to windows pertaining to holidays and seasonal events when the signs contain no reference to the goods or services sold or provided by the establishment. Ali signs and decorations shall be removed within 10 days following the applicable holiday. D. Standards for temporary signs. Temporary signs shall be subject to the following standards and any additional standards for specific types of temporary signs: 1. Signs are allowed on private property only and shall not be placed in public rights -of -way or at off site locations. 2. Signs shall not be attached to roofs, temporary structures, trees, utility poles, light standards, and similar items in the public right-of-way. 3. Signs shall not be illuminated 4. Signs shall not move in any manner. 5. Signs shall be constructed of durable material suitable to their location and purpose. 6. Signs and their components shall be promptly removed at the time of expiration. 7. Window signs with non-commercial content or messages shall comply with all regulations of temporary signs related to number, area, size and height. E. Political sign regulations. Political signs shall comply with the following requirements: 1. Political signs shall not be located in the public right-of-way. 56-31/. ,• Chapter 25.56 Signs F. 2. No fee or permits shall be required for the right to erect political signs. 3. Where the sign is proposed to be placed on private property, secure the permission of the property owner. 4. Signs shall not be placed in any manner to create a hazard safety. 5. Signs shall be removed within 30 days following the election. Special event signs. the applicant shall to public health or 1. With the approval of the Director, a business may erect one temporary sign, freestanding or mounted on a wall fascia, advertising special events, promotions, or sales. Approval of a sign permit application may allow up to 30 square feet of sign area depending upon the type of event, building design, and right-of-way frontage for a period not to exceed 30 days per year. 2. Signs approved under this section shall be compatible and harmonious with the color of the building and adjacent buildings. When improperly used, special event signs constitute a public nuisance and may be abated. Special event signs for periods in excess of 30 days may only be permitted in compliance with a resolution of the Council, which shall specify the period during which the banner may be displayed. G. Open house signs. Open house signs shall be permitted for an open house, subject to the following provisions: 1. On -site Signs: i. No flags or banners shall be used. ii. Individual logos and colors are allowed for on -site open house signs. iii. Signs shall be located on private property only, unless prior written approval for unique circumstances is obtained from the Director. 2. Off -site Direction Signs: i. Sign lettering must be brown on a beige background, but may include Realtor name and phone number in 2-inch high maximum, plain font. No logos or branding are permitted on off -site directional signs. ii. One off -site directional sign per intersection. One sign permitted on each corner of an intersection, such that no more than three off -site directional signs are allowed in addition to one on -site open house sign for a total of four open house signs. iii. Signs shall be located a minimum of 5 feet from curb with property owner permission for sign location. iv. Sign placement in any City median is prohibited. Chapter 25.56 Signs 55-321 Page v. Additional lighting, flags, balloons, or any other advertising device as defined in this chapter shall be prohibited. Figure 25.56-15: Open House Off -site Direction Signs OPEN 1e HOUSE 41Ma 24" Figure 25.56-16: Prohibited Locations - Open House Off -site Direction Signs 4I PROHIBITED BORES 7 var 25.56.100 Comprehensive Sign Program A. Purpose. The purpose of a comprehensive sign program is to integrate all of a nonresidential project's signs with the overall site design and the structures' design into a unified architectural statement. A comprehensive sign program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this chapter. Approval of a comprehensive sign program may modify the standards provided in this chapter as to sign number, size, height, illumination, location, orientation, or other aspects of signs within the limits of this section. B. Applicability. The approval of a comprehensive sign program by the ARC shall be required whenever any of the following circumstances exist: 1. Whenever three or more separate tenant spaces are present on the same site. 2. Whenever three or more nonexempt signs are proposed for a single tenant. 56-33jPage Chapter 25.56 Signs 3. Whenever signs are proposed to be located on the second story on a multistory building. 4. Whenever an existing multitenant development of three or more tenants is being remodeled or rehabilitated to the extent that it requires review and approval by the ARC. 5. Whenever the Director determines that a comprehensive sign program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.). C. Application requirements. A sign permit application for a comprehensive sign program shall include all information and materials required by the Director. D. Standards. A comprehensive sign program shall comply with the following standards: 1. The proposed sign program shall comply with the purpose and intent of this chapter. 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign program, to the structures and/or developments they identify, and to surrounding development when applicable. 3. The sign program shall address all signs, including permanent, temporary, and exempt signs. 4. The sign program shall accommodate future revisions that may be required because of changes in use or tenants. 5. The sign program shall comply with the standards of this chapter, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes and intent of this chapter. 6. Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this chapter. 7. Review and approval of a comprehensive sign program shall not consider the signs' proposed message content. E. Findings. In order to approve a comprehensive sign program the following findings shall be made: 1. The comprehensive sign program complies with the purpose of this chapter, including the design criteria. Chapter 25.56 Signs 58-34I Page 2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development. 3. The comprehensive sign program contains provisions to accommodate future revisions that may be required because of changes in use or tenants. 4. The comprehensive sign program complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the signs proposed under the comprehensive sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this chapter. F. Revisions to comprehensive sign programs. The Director may approve revisions to a comprehensive sign program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised comprehensive sign program by the ARC. 25.56.110 Nonconforming Signs A. Lawfully permitted nonconforming signs. 1. Lawfully permitted on -premises signs existing at the time of the adoption of the ordinance codified in this chapter on September 10, 2009, that do not comply with the requirements of this chapter shall be deemed lawful nonconforming signs. 2. Nonconforming signs shall not be expanded, extended, rebuilt, altered, or reconstructed in any way, except for normal maintenance or to protect public safety. 3. It shall be the express responsibility of the seller of property or a business to advise the buyer of the provisions of this section relating to the removal of nonconforming signs upon the transfer of ownership of a business. B. Lawful nonconforming signs to be removed. It shall be the responsibility of the business owner, sign owner, or property owner to ensure compliance with this section. Nonconforming signs shall be removed or made to comply with the requirements of this chapter as follows: 1. Within 30 days of the issuance of a sign permit application for a sign on a property on which a nonconforming sign(s) exists. Prior to the issuance for a property on which a nonconforming sign(s) exists, the applicant or owner shall file with the City an irrevocable bond in the amount of $10,000 to guarantee the nonconforming sign(s) shall removed or made to conform with the requirements of this chapter within a specified time. 2. Upon the transfer of ownership of the business. 3. Upon the altering of the nonconforming sign or sign structure in any way or the addition of new sign(s) or a new sign structure. 56-351Page Chapter 25.56 Signs 4. After 90 days of the discontinuance of a business or before a new business occupies the building, whichever comes first. C. Nonconforming signs maintenance. Except for normal repair or maintenance not exceeding 50 percent of the value of the sign, nonconforming signs shall not be modified, altered, moved, or replaced except in compliance with the requirements of this chapter. D. Lawful nonconforming off -site signs (i.e., billboards). Nothing contained in this chapter shall be construed to limit the ability of an owner of a lawful nonconforming off - site sign (i.e., billboard) to periodically change advertising copy. 25.56.120 Abandoned Signs A. Removal of abandoned signs. 1. An abandoned sign or an abandoned nonconforming sign shall be removed within 30 days by the owner or lessee of the premises upon which the sign is located or by a person, organization, or other entity that directly or indirectly receives a benefit from the information contained on the sign. All wording advertising or relating to the discontinued business shall be removed from all nonconforming signs. 2. A sign frame or structure that has been abandoned shall be removed within 30 days by the owner or lessee of the premises upon which the sign frame or structure is located. B. Presumption that a sign is abandoned. A sign that identifies or advertises a business that has ceased; is located upon a structure that has been abandoned by its owner; has not identified a bona fide business, lessor, service, owner, product, or activity available upon the site, for more than 90 days shall be presumed abandoned. C. Notice that a sign is presumed abandoned. The Director shall send the person responsible for a sign presumed to be abandoned an abandoned sign notification. Failure of the person to respond within 30 days to the abandoned sign notification shall serve as prima facie evidence of intentional permanent abandonment of the sign. 25.56.130 Abatement of Illegal Signs A. Enforcement authority. The Director shall be the enforcement authority for this chapter. B. Abatement of illegal signs. The Director shall not permit, and shall abate, any sign within the City that fails to meet the requirements of this chapter or other applicable law, including temporary signs. Any illegal permanent signs shall be abated by the City. C. Notification and appeal. The Director shall notify the owner or user of a permanent sign that has been installed without a sign permit that the illegal sign shall be removed within 10 days. Upon receipt of this notice, the owner or user of a permanent sign that is determined to be illegal does have the right to file an appeal regarding the decision or notice within 10 days thereafter to the Council pursuant to the provisions of Chapter 8.20 of this title. Chapter 25.56 Signs 56-361 Page 25.56.140 Penalties A. Violations of any of the provisions of this chapter are infractions and/or misdemeanors punishable as provided for in Palm Desert Municipal Code, Section 8.20.020(L). B. If the installation of a sign is commenced prior to obtaining an approved sign permit application, the applicable fee for a sign permit application shall be doubled. 56-37/Page Chapter 25.56 Signs Exhibit C - 25.99.020 Land Use Definitions. Monument sign. A freestanding sign that is detached from a building and having a support structure that is a solid -appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding sign types not meeting the definition of a monument sign shall be either a pole sign or a pylon sign. Monument sign, freeway -oriented. A freestanding sign that is detached from a building and having a support structure that is a solid -appearing base constructed of a permanent material, such as concrete block or brick on commercially zoned properties within the Freeway Commercial Overlay zone and greater than 10 acres in size and abutting Interstate 10. Fountainhead Development April 4, 2017 Eric Ceja Principal Planner Community Development Department City of Palm Desert 73-510 Fred Waring Street Palm Desert, CA 92260-2578 Dear Mr. Ceja, Fountainhead Development is currently proposing a retail center in Palm Desert at the North- East corner of Monterey. The project is located on the northeast corner of Monterey Road and Dinah Shore Drive. The property backs to Railroad right of way and directly to the north of the railroad is US Interstate 10. Existing big box retail centers are located on the southeast, south west and north west corners of the intersection. The Monterey Crossing Project will consist of retail, restaurant, shop and hotel uses on approximately 18 acres. A Specific Plan has been prepared to regulate development on the site. APPROVAL REQUESTED Fountainhead Development is requesting a Zoning Ordinance Amendment to allow freeway oriented monument Signs along the northern edge of the proposed development, which are oriented towards Interstate 10. Although the request is currently related to the Monterey Crossing project, a Zoning Code Amendment is an appropriate approval mechanism to allow consideration of special circumstances that may also apply to other projects with similar features in the general area. We are proposing a zone change to allow freeway oriented monument signs along the entire Regional Retail Area as defined in the general plan PROJECT SETTING The City of Palm Desert is centrally located in the heart of the Coachella Valley in southeastern Riverside County. State Highway 111 and U.S. Interstate-10 are the two primary regional routes connecting the City to the rest of the Coachella Valley. Interstate 10, also known as Christopher Columbus Transcontinental Highway, is one of three coast -to -coast Interstates. In Palm Desert, Interstate 10 connects to State Highway 111, which in turn extends southeast to Brawley in the Imperial Valley. Interstate-10 also connects the Los Angeles region with Arizona and other cities and states to the east and the Southeastern United States. As such Interstate 10 is a critical roadway providing inter -regional access and is also a critical part of the local road network moving people and goods into and out of the Valley. (See Vicinity Map and Aerial) 1401 Quail Street, Suite 100 • Newport Beach, CA 92660 949/752-2515 • Fax 949/752-7442 ZONING As noted previously, the proposed development has a Regional Commercial General Plan designation and is zoned Planned Commercial with a Freeway Commercial Overlay Zone. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of specific types of commercial uses on commercially zoned properties with freeway frontage, and/or properties within one signalized intersection of an interchange and intersecting cross street. In conformance with the FCOZ requirements, a Specific Plan has been submitted for the project under a separate application. Under this Overlay, Development standards are intended to be flexible, while ensuring and maintaining efficient site planning and attractive developments. The intent of the FCOZ is to allow the proper planning and ultimate development of retail centers serving both local and regional needs. (See General Plan and Zoning Map) JUSTIFICATION Developments such as those envisioned by the above Zoning Standards, have proven to promote success of retailers, provide economic benefit to Cities and serve prospective customers, both local and otherwise. Proximity and visibility to the freeway are big factors in how customers find goods and services in areas that they may not be otherwise familiar with. Commercial uses, (especially high quality retail, national tenants and hospitality uses) rely on exposure to the freeway to attract customers. Since these are regional oriented retail uses, its essential that these projects draw people for a larger market area than just the City of Palm Desert Palm Desert has significant commercial properties south of Interstate 10, that are separated from the Interstate 10 by railroad tracks, in some instances over 350 feet as in the case of the subject site. Since many of the proposed businesses at Monterey Crossing are located well over 500 — 1000' from the freeway right of way due to the railroad right of way, most of the building signage would not be visible from the freeway. Freeway monument signs oriented towards Interstate 10 provide opportunities for businesses to be identified. The signage allows for visibility from the freeway when the building may be obscured or too far away for their signs to be visible. Palm Desert has a few undeveloped sites along the south side of Interstate 10 that could similarly benefit from visibility and create additional commercial opportunities for the City. Absent such visibility, businesses may find an alternate location more attractive, which may not necessarily be conducive to development in the City of Palm Desert. It is not uncommon to see high quality commercial developments along Freeways that incorporate attractive signage reflective of the site and building design. In the right setting, such signs if properly designed, could serve to add interest and excitement and create a sense of place for the surrounding community. Figure 1.3 of the General plan identifies this area as "Regional Retail Area". Regional Retail District is defined in Chapter 3 "To provide large format retail development along with associated restaurant and commercial service activity. This district is located near freeway connections and around major intersections" The provision of freeway signage will assist in achieving this goal of encouraging large format retail uses. The general plan contains several goals applicable to the Regional Retail Areas including: Goal 4 — Districts. A series of unique, destination -oriented districts that provide space for large format retail, industrial and resort uses in order to increase access to jobs, provide amenities for residents, and enhance the fiscal stability of the City: Goal 4.3 - Facilitate major retail service commercial centers. Allow a wide variety of uses to locate in Regional Retail Districts including destination retail centers, mixed use town centers and hotels among other uses. Providing freeway oriented signage is essential for the development of regional uses since the signage along the freeway assists in attracting residents of surrounding communities as well as visitors and travelers to facilitate Goal 4.3. Goal 8- Economic Development. A diverse, growing and resilient local economy Goal 8.1— Long-term economic development — Support the development and implementation of long term economic development strategies that seek to establish and keep new businesses. Establishing a comprehensive sign plan that allows for freeway oriented signs will support goal 8.1 by encouraging new businesses to locate in the Regional Retail Area. Bringing new regionally drawing businesses to the City of Palm Desert will increase the sale tax revenues to the City of Palm Desert. These regional businesses will bring customers from outside of the City and thus increase the potential retail sales base for the City and thus increase the potential tax revenues. At Monterey Crossing, we are proposing two (2) gp foot tall, high quality, artistic freeway monument signs that incorporate individually illuminated channel letters, perforated metal panels, stone, architectural concrete and plaster. The signs are reflective of the desert architecture theme. At night, the perforated metal panels will be backlit to provide visual excitement through utilizing Tight and shadow. We are proposing the following revision to the Sign Ordinance to allow the freeway oriented signs. These revisions will allow larger planned projects in the Regional Retail areas to have freeway oriented signs. PROPOSED ADDITIONAL TEXT — SECTION 5C OF THE SIGN ORDINANCE Sign Class - Business Identification Sign — For large freeway oriented commercial projects within the FCOZ Overlay Zone adjacent to the Interstate 10 freeway right of way (and/or separated from the freeway by railroad right of way) Allowed Sign Types - Freeway Oriented Monument Sign Maximum Number of signs: Minimum size of 10 acres for the project (May include multiple parcels if part of a Planned Community or Specific Plan). 1 sign for each 500 feet of frontage along the parcel line adjacent to the freeway (and railroad if it's between the freeway and the project) with a maximum of 2 signs per project Maximum sign Area: 450 SF of signage on each side Maximum Sign height: 40' tall Sign Location: Within 50' of Freeway frontage or within 50' of railroad frontage if railroad is between freeway and commercial project Lighting Allowed: Internally illuminated or channel letters. Up lighting permitted if part of architectural design Additional Requirements: Design shall be attractive and architecturally compatible with building design and signage design. We feel that changing the zoning requirements to allow freeway oriented signage will increase the economic vitality of the City of Palm Desert, increase sales tax revenues and encourage a variety of new regionally oriented businesses to locate on undeveloped sections of the Interstate 10 through the City of Palm Desert. Attachments: [Freeway Sign Exhibits] Sincerely, , CraiSmith Fountainhead development cc: John Loper/Palmtree Communities Vasanthi Okuma/Fountainhead Development Milton Solomon/ADS Robin Bell/ADS NOBLE & COMPANY, LLC August 8, 2017 Mr. Eric Cej a Principal Planner Community Development Department City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 By e-mail: eceja@cityofpalmdesert.org Re: Item 9.C., Planning Commission Agenda for August 1, 2017 Meeting Dear Eric: At the August 1, 2017 Planning Commission meeting, during the public hearing for the referenced matter, I asked if the term "commercially zoned developments" included freeway oriented SI (service industrial) properties for the purpose of allowing freeway oriented monument signs. I was very surprised by your reply that such properties are not included. This was especially the case since two of the properties shown on your presentation to the commission as possible locations for "freeway oriented monument signs" are zoned SI. Since some businesses in the SI zone deal with retail customers, it seems that they should be included in consideration for freeway oriented monument signs to the same extent as are "commercially zoned developments". This consideration is especially appropriate for the two areas to the east of the proposed Monterey Crossing development, both zoned SI, which your presentation indicated are, in fact, possible locations for such signs. It is my understanding that the public hearing for this matter was continued to the Planning Commission meeting of August 15, 2017 at 6 p.m. Please advise me if this is correct. Also, please distribute a copy of this letter, together with a copy of your exhibit showing potentially appropriate sites for such signs, to each planning commissioner as soon as possible. Thank you for your attention to this matter and please feel free to contact me should you have questions or comments. Sincerely, Thomas S. Noble Cc: Lauri Aylaian (lavlaian a,citvofnalmdesert.org) Ryan Stendell (rstendell@cityofpalmdesert.org) 34360 Gateway Drive, Palm Desert, CA 92211 Tel. (760) 770-3100 • Fax (760) 770-3199 • noblecompanyllc@aol.com www.noblecompanyllc.com ONISSOdD Aid31NO1A1 0 so >W en. 44C II 2 Mox. Sign Area Allowed per PC. = 400.00 sq.fl. n' t. a ih- _ y 9 Q 3 Ita 3 3 3 h 9 J. s- Tm-o PO C7,