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HomeMy WebLinkAboutOrd 587 ZOA 89-1 Signs and Awnings CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELAPMEINP TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Approval of amendments to the sign ordinance, Section 68, as it applies to signs and awnings. III. APPLICANT: City of Palm Desert IV. CASE ND: ZOA 89-1 V. DATE: September 28, 1989 VI. CONTENTS: A. Staff Recameendation. B. Discussion. C. Draft Ordinance No. 587 . D. Planning Commission Minutes involving ZOA 89-1. E. Planning Commission Staff Report dated September 5, 1989. F. Related maps and/or exhibits. A. STAFF REO +1E}DATION: Waive further reading and pass Ordinance No. 587 to second reading. B. DISCUSSION: The review of the sign ordinance began early in 1989. The subcommittee created by city council met several times and issued its report and suggested changes. The subcommittee then met with a task force established by the Chamber of Ccmnerce and several compromises were reached. Staff then presented its final report to the planning commission at its September 5, 1989 meeting. Three members of the Chamber Task Force spoke at the planning commission hearing and raised issue with the following: 1. Proposed restriction of number of colors. 2. The treatment of legal nonconforming signs. 3. The proposed definition changes versus those proposed by the Chamber Task Force. 4. Neon signs. 5. Awnings. In addition, staff outlined proposed language for lottery signs and the city attorney outlined new language - - ' •- - posed ° prospective only (i.e. affecting only new signs). MEETING DATE ErCONTIWJ D .`J___._1Q.�1 �1 ❑ PASSED TO t.': _._- TRANSMITTAL LETTER ZOA 89-1 SEPTEMBER 28, 1989 Two changes since the planning comission hearing have been inserted in the draft ordinance as follows: 1. Proposed section 25.68.670 making the changes prospective has been removed fruit the exhibit which would make it part of the zoning ordinance. Similar language has been inserted into the declarations section of the ordinance. 2. Section 25.68.605 Lottery Signs has been inserted into the exhibit and will read as follows: In addition to the overall total sign area allocated to a business a business licensed to sell California State Lottery tickets shall be entitled to one window or door mounted lottery decal 5 1/2 inches by 5 1/2 inches and no more than one specific identification poster not to exceed 27 inches by 36 inches. The planning commission on a 5-0 vote passed this case to the city council without recommendation in that the planning commission felt the issues raised were aesthetic considerations and since architectural commission reviews signs and their aesthetics, that the planning commission was not the appropriate body to review the proposed changes. Prepared by: ::e d and Approved by. CITY COUNCIL ACTION: APPROVED 7 DENIED RECEIVED OTHER MEETING DATE �OJa(,fQ AYES:,5„, ,i ,�c c¢�� c t1,J J ra; � AYLQQ4lU .�NOE ,� l,,n� . _ U AESENP._ 1_ ti AESTAIN:_.—._ -oh �e i)riginal on Fi- ; wi City Clerk's OfficE MEMORANDUM TO: Steve Smith, City of Palm Desert FROM: Kandy L. Allen, Deputy City Attorne L DATE: September 5 , 1989 On this date I spoke with Leslie Burgermyer, legal counsel for the California State Lottery. I explained that banners and free-standing signs were totally unacceptable and not in conformance with the City' s signage requirements . When pressed, she backed down from her earlier position and informed me that neither banners nor free-standing signs were state requirements . Further, it appears that the minimum requirement is the 5i " x 5i" square lottery decal and that all other items are strongly recommended only. She requested that at least one poster be allowed in order to identify the current game. Because State law allows the office of the State Lottery to prescribe the minimum requirements for signage, I cannot verify this information until I review the State Lottery regulations . I have requested a copy of their regulations and will review same when I receive them. KLA5/9/mpb MEMORANDUM TO: Steve Smith, City of Palm Desert FROM: Kandy L. Allen, Deputy City Attorney DATE: September 5 , 1989 RE: Sign Ordinance Our file number: 72500 . 0330 Steve: We have amended the proposed "prospective limitation" section as follows : "25 .68 .670 Amendments to be prospective only. These amendments are limited in their effect to regulating the construction of new on-premises advertising displays . A new on-premises advertising display means, for purposes of this section, a display whose structure or housing has not been affixed to its intended premises . Construction means , for purposes of this section, the manufacturing or creation of a new on-premises advertising display. " KLA5/8/mpb C aVV /et/ dehie, MEMORANDUM TO: STEVE SMITH FROM: RWH DATE : AUGUST 25 , 1989 RE: SIGN ORDINANCE OUR FILE NO. 72500 . 0330 The following proposed amendment to the Sign Ordinance provides that amendments to the sign ordinance will be applied prospectively only. The amendment is intended to prevent compensation, inventory, and abatement problems that would occur under California law if amendments were applied to existing, conforming signs . "25 .68 . 670 Amendments to be prospective only. Lawful existing signs at the time of the adoption of any amendment to this chapter shall be deemed lawful nonconforming uses and shall not be made to comply, be removed or demolished expect upon the altering of the sign, copy, size , color or addition of new signage to the site or structure upon which the nonconforming sign is located. " RWH2/08/24/89/pam/3 MEMORANDUM TO: DJE and KLA FROM: RWH DATE: August 9 , 989 RE: City of Palm Desert/Sign Ordinance Revisions Our File: 72500. 0330 QUESTION PRESENTED the legal ramifications of the various proposed Discuss 1 g p p amendments to the Palm Desert Sign Ordinance. SHORT ANSWER As proposed, the amendments to the Palm Desert Sign Ordinance would effect not only new signs, but already existing signs. To the extent that the amendments require alteration or abatement of existing legal signs, state law requires the City to pay the owners the present cost of the sign. Also, if the amendments effect existing signs, the City is required to provide for the inventory, identification, and abatement of preexisting illegal or abandoned signs. To avoid the compensation, inventory, and abatement problems, two alternatives are suggested: 1. Provide that the amendments are prospective only; or 2 . Implement the proposed changes by adopting the changes as policies of the Architectural Review Board, not as amendments to the ordinance. DISCUSSION Proposed amendments to the sign ordinance include limiting signs to three colors, limiting free-standing signs in commercial centers, reducing the size of trade construction signs, requiring that awnings be reviewed by the Architectural Review Commission ("ARC") , etc. To the extent that the amendments change the criteria regarding signs, existing legal signs may be rendered nonconforming. As the current ordinance at §25. 68 . 100 requires abatement of any nonconforming signs, the amendments will compel the abatement of presently-existing, conforming signs. Any change in the existing ordinance that requires the abatement of existing legal signs will invoke certain sections of California's On-Premise Sign Law, Business & Profession Code §5490, et seq. Section 5491 requires that the City pay to the owner of any existing legal sign that is to be abated due to changes in the ordinance the actual cost to duplicate that sign plus the cost of removal and repair of damage to any remaining real property. Section 5491.1 requires that if the City amends the sign ordinance in a manner which effects legally existing signs, the City must institute a program for the inventory, identification, and abatement of preexisting illegal and abandoned signs. Thus the proposed changes, to the extent that they effect existing signs, will cause the City to institute potentially costly compensation, inventory and abatement programs. RWHA/18/8-16-89 -2- Two alternatives are available to escape the consequences of the compensation, inventory, abatement sections discussed above. One alternative is to provide that the amendments to the ordinance be prospective only. As existing legal signs would not be effected, the compensation and abatement section would not be invoked. The second alternative is not to amend the ordinance at all . Most of the proposed changes could probably be implemented through policy decisions of the Architectural Review Commission. As such, the changes would be implemented only as to new signs. The inventory, abatement, and compensation sections would not be invoked. In the following sections, the legal ramifications of each of the proposed amendments is discussed where appropriate. Comments are included as to the feasibility of implementing the change through the adoption of an architectural review commission policy rather than a change in the ordinance. INDIVIDUAL SECTIONS Section 25. 68 . 020. Various changes in definitions are proposed. To the extent that the changes make existing signs nonconforming, the City will be required to abate and compensate the owners. The Palm Desert Business Community Sign Ordinance Task Force ("task force") recommends that its own definitions be used. I could see little difference between the proposed ordinance RWHA/18/8-16-89 -3- definitions and the task force definitions. The task force definitions would have to be conformed to the body of the ordinance. "Monument Sign" would need to be included within "free-standing sign" . "Mansard Sign" would need to be included within "wall sign" . Definitions of "illegal sign" , "legal nonconforming sign" , and "illuminated architectural canopy sign" are not germane to the body of the ordinance. It is unclear whether the proposed definitional changes could be effectively implemented through changes in the ARC policies. Section 25.68 . 030. Section 25. 68. 030 would require the applicant to provide a signed statement from the property owner that he approves each submittal to the City. This change would not effect existing legal signs and therefore would not invoke the inventory, abatement and compensation problems. This section probably could be implemented as a permit-application policy of the Department of Environmental Services. Section 25. 68. 100. This section regards the abatement of illegal signs. Enforcement authority would be transferred from the director of environmental services to the director of code compliance. This change would not invoke the inventory, abatement, and compensation problems. This change could be implemented by an interdepartmental agreement, as the current section provides for enforcement by the authorized representative of environmental services. RWHA/18/8-16-89 -4- Section 25 . 68 . 120. Permitted Signs -- Purpose. The proposed change would add the words "with the goal being to minimize visual pollution, the use of lighting and excessive contrast in colors" to the overall sign approval criteria. As the change is a statement of policy, not a specific limitation, it would not invoke the inventory, abatement, and compensation problems. The change could be implemented by the adoption of the policy by the ARC as the change is consistent with other criteria set forth in the ordinance. Section 65. 68 . 230 . Free-Standing Signs. Changes in this section will limit free-standing signs to provide commercial- center identification only, or individual business identification in the case of individual businesses on its own separate property. This change would render nonconforming all existing legal free-standing signs that do not comply with its provisions, i.e. , free-standing signs that provide individual business identification in commercial centers, free-standing center signs that specify specific tenants, etc. Under the current abatement section, section 25 . 68 . 100, those newly nonconforming signs would have to be abated. Such abatement would invoke the inventory, abatement and compensation problems discussed above. While the changes in this section could be adopted as policies of the ARC under "Signs Relationship to the Overall Appearance of the Subject Property" criteria of section 25 . 68 . 120 , it would be awkward to do so given the extensive changes contemplated in this section. RWHA/18/8-16-89 -5- Section 25. 68. 480. Sign Colors. This section would limit signs to three colors, where no limitation presently exists. Such a limitation would probably render nonconforming numerous existing signs, and invoke the inventory, abatement and compensation problems. This change could be adopted as a policy by the ARC under the "compatible design, simplicity, and sign effectiveness" criteria of section 25. 68 . 120 and the sign review criteria enumerated in section 25. 68.440. Section 25. 68 . 540. Special Permits. Proposed changes to this section would include the regulation of "going out of business" signs and limit the number of days that temporary signs may be displayed. As changes in this section would not effect existing legal signs, the inventory, abatement and compensation problems would not arise. These changes could probably be implemented on the policy level . Section 25. 68. 570. Trade Construction Signs. Changes to this section would augment the square footage but reduce the height of construction signs. As construction signs are temporary in nature, the problems of inventory, abatement, and compensation would not be invoked by changes to this section. Augmentation of the square footage cannot be implemented by a policy of the ARC. Diminution in height could be achieved under other criteria proscribed for signs in general. RWHA/18/8-16-89 -6- Section 25. 68. 610. Signs on Awnings_, Marquis, Canopies, Arcades or Similar Structures or Attachments. Under these changes, regulation of awnings becomes much more explicit. Many existing awnings may not meet the new requirements. Hence these changes could trigger the inventory, abatement and compensation problems. Most of the changes could be implemented as policy of the ARC based on a creative reading of the criteria presently in place. Section 25. 68. 605. Lottery Signs. (I have requested information from the California State Lottery regarding their requirements as to signage. Govt. Code §8880. 69 specifically provides that provisions of the lottery law preempt conflicting local regulation. ) Section 25. 68. 606. Bingo Signs. This provision would not effect existing signs. No unfavorable legal ramifications are foreseen. Section 25. 68. 607. Lights Outlining Buildings/Windows. Currently there is no section that explicitly regulates lights outlining buildings. To the extent that existing lights would be rendered nonconforming by this proposed section, the changes would raise the inventory, compensation, and abatement problems. This section probably cannot be implemented by policy at the ARC level . RWHA/18/8-16-89 -7- PENALTIES It has been suggested that the penalty provisions of the sign ordinance be increased for persons installing signs before obtaining approval or for installing signs different from that approved. The penalty provisions of the ordinance need to be reworked. Section 25. 68 . 760 provides that persons violating the ordinance are subject to the provisions of section 1. 12 . 020. Section 1. 12 . 020 provides that persons convicted of a misdemeanor for violation of an ordinance of the City are punishable by a fine of not more than $500 . 00 or by imprisonment not to exceed six months, or both. However, the sign ordinance does not provide that violation of the ordinance is a misdemeanor. Therefore, courts would not likely enforce section 25. 68 . 760. Section 8 . 20 . 020 (L) in the chapter regarding public nuisances provides that any violation of the City sign ordinance is an unlawful public nuisance. Section 8 . 20. 190 provides that anyone who permits or allows the existence of a public nuisance on his or her property is guilty of a misdemeanor and, upon conviction, shall be subject to the penalty provided in Chapter 1. 12 . 020 of the Code, cited above. So anyone who erects a sign without proper approval would be guilty of creating a public nuisance and subject to fine and imprisonment. Declaring unpermitted signs to be public nuisances is a round-about way of enforcing the sign ordinance. The sign RWHA/18/8-16-89 -8- ordinance would be more effective if an effective penalty provision were written directly into section 25. 68 . 760 . Section 25 . 68 . 760 could be amended to read: Any person, firm or corporation that violates any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in Chapter 1 . 12 of this code, as amended from time to time. Any sign that is constructed or changed in violation of this chapter may be summarily abated, at the discretion of the enforcing authority.. RWHA/18/8-16-89 -9- - I - V C /I3 'r rct :a00 t PALM DESERT BUSINESS COMMUNITY SIGN ORDINANCE TASK FORCE REPORT AND RECOMMENDATIONS TO THE CITY OF PALM DESERT Regarding: Approval of amendments to the Sign Ordinance, Section 68, as it applies to signs and awnings. Item I. The Task Force A. Participants in the Task Force and in the formation of this report include the following: 1. Sandy Baum - Suncastle Real Estate 2. Claude Browning - George Elkins Property Management 3. Daniel L. Ehrler - Palm Desert Chamber of Commerce 4. Jim Engle - Imperial Sign Company 5. Larry Grotbeck - El Paseo Business Association 6. Dan Henderson - D.J. Enterprises 7. Robert Keenan - Sign Users Council of California 8. Dave Newsome - Ahmanson Commercial Development Company 9. Donald Rowan - Great Western Real Estate Item II. The Process The Task Force met May 10, 1989, and reviewed the proposed amendments. The following recommendations were agreed upon by consensus. Unless otherwise indicated, the recommendations were unanamous. When there was a minority opinion on an item, it is so stated. - • The Task Force received the first draft for review and any revisions. The Task Force met, again, to finalize the report and recommendations. The final draft is now before the City's Sign Ordinance Subcommittee for review and discussion with the Task Force. Item III. Recommendations This section consists of the sign ordinance section and proposed revisions. Following each section(s) will be the recommendation(s) or comment(s) from the Task Force. SECTION 25.68.020. J. "Freestanding sign" means a sign supported by up-right pedestals or braces placed upon or into the ground and detached from any building. T. "Roof sign" means a sign affixed on, above, or over the roof of any building, or any sign affixed to the wall of a building so that it projects above the eave line of a roof. shall be considered-the-eave-fie. The lowest point of a mansard style roof shall be considered the eave line. Whererabined witheats sard roof, the cavehail-be-the tog-o-fthe-perapet. X. "Wall sign" means a sign attached to or erected on the exterior wall of the building or structure or on a canopy marquee or similar overhang with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall and not extending above the eave line. The top of a parapet-wall shall b'co,isiderert-the-eave liaae. The lowest part of a mansard-style roof shall be considered the eave line. -Where-a-parapet-wale}-i_ __mb_ned with ,-the- ____- line shall b_sL-�p-ci-the parapet. (Ord. 129 S5 (part), 1977: Ord. 98 S1 (part), 1975: Exhibit A S25.38.225.) "J", "T" and "X": Clarification is needed. Should be more specific. The Task Force recommends the following definitions as provided by the Sign Users Council of California. - 3 - DEFINITIONS These definitions shall pertain to "on-premise advertising displays" only as defined by State Law or common use among the industry, sign users and local and county governments. (As noted). SIGN: Means any structure, housing, sign, device, figure, statuary, painting, display, message placard, or contrivance, or any part thereof, which is intended or used to advertise, or provide data or information in the nature of advertising, for any of the following purposes: 1. To designate, identify, or indicate the name of business of the owner or occupant of the premises upon which the advertising display is located. 2. To advertise the business conducted, services rendered, or goods produced, sold, or available for sale upon the property upon which the advertising display has been lawfully erected. (State Law). FREESTANDING SIGN: Any sign erected and mounted directly to the ground and not attached in any manner to a building. These signs are mounted on or attached to one or more uprights, i.e. pole sign, detached sign, pylon sign or ground sign. All such signs must have air space immediately below the sign face and the ground. See Monument Sign. MONUMENT SIGN: Any freestanding sign that is mounted directly upon the ground and that has a solid base which contains no air space between the sign face and the ground. - 4 - ROOF SIGN: Any sign erected upon, over or directly above the roof and roof line or above the parapet of a building so as to change the original building silhouette. WALL SIGN: A sign erected upon or attached in any manner to an exterior wall or building elevation that is on a plane approximately parallel to the plane of the exterior wall or building elevation and that does not extend above the roof line or parapet. MANSARD ROOF: An architectural appendage attached to a building with a sloped decorative roof element attached to the face of a building. MANSARD SIGN: Signs affixed to a mansard roof and are considered wall signs. ABANDONED SIGN: See State Law B & P Code Chapter 2.5 Section 5490. (f) and Chapter 2.6 section 5499.1 (2). ILLEGAL SIGN: See State B & P Code Chapter 2.5 Section 5497, Section (a) through (i) and Chapter 2.6 Section 5499.1 (a). LEGAL NON CONFORMING SIGN: Any sign that was legally erected under an existing code but does not meet the criteria of any subsequent sign code. These signs are deemed legal by State Law and may not be required to conform or be abated or amortized out of existence provided they are maintained. B & P Code Chapter 2.5 Sections 5491, 5491.1, 5491.2, 5492, 5493, 5494. - 5 - Section to be added to the new or revised P lm De sert Sign n Code as man- dated dated by State Law (B & P Code Chapter 2.5 Section 5491.1) Further definition will be made available upon request. Drawings for each definition are still not complete but the language can move forward without them. Check with the local fire department for their definition for a roof. This might help in securing signs or mansard roofs as wall signs. ILLUMINATED ARCHITECTURAL CANOPY SIGN: An internally illuminated canopy that contains identification or advertising copy. Copy area is only that area that contains copy and shall be considered a wall sign provided that the structure is attached to the exterior wall of a building with the exposed face in a plane approximately parallel to the plane of the exterior wall. NOTE: Contact your local Department of Weights and Measures for the State Law and requirements for service station GAS PRICE SIGNING. Section 25.68.030 Sign permit procedure. Subsection I will be added: L That the applicant provide a signed statement from the property owner or his authorized representative that he has reviewed the proposal and approves of same prior to each submittal to the city. The Task Force has a number of comments and recommendations. They include the following: • - 6 - A. A set of perameters or guidelines, for small businesses should be established so the business can receive approval for signage without going through the full sign-approval process. "Keeping it simple" could help the approval process efficiency level for up to, potentially, 80% of all applicants. B. When it is deemed necessary, the Architectural Review commission needs to be utilized. The Task Force recommends A.R.C. membership include personnel experienced with color coordination, design signage and visual merchandising, architects and a business-community representative. The A.R.C. size should be increased to seven(?) members. SECTION 25.68.100 ABATEMENT OF ILLEGAL SIGNS. The director of envirenmenta4-servtees code compliance shall see that this chapter is enforced. He shall not permit, and shall abate, any sign within the city which fails to meet the requirements of this chapter or other applicable law. The director of envirnomenta-1-servtees code compliance, or his authorized representative, shall remove any temporary sign for which a sign permit has not been obtained as required by this chapter. The director of envirenmentai-iervtees code compliance, or his authorized representative, shall notify the owner or user of a permanent sign which has been installed without the acquiring of a sign permit that the illegal sign shall be removed within ten days. Upon receipt of this notice, the owner or user of a permanent sign that is determined to be illegal does have the right to appeal the decision or notice within ten days thereafter to the city council pursuant to the provisions of Chamber 8.20 of this code. Any illegal permanent signs existing prior to the enactment of this chapter shall not be abated by the city until one year after February 24, 1977. (Ord. 129 S4(part), 1977: Ord. 98 S1 (part), 1975: Exhibit A S25.38-6). The Task Force recommends that section 5497 of the state code be utilized: • 5497. Ordinance or regulations requiring uncompensated removal of displays • meeting certain criteria: A city or county,whose ordinances or regulations were introduced or adopted after March 12, 1983, or any amendments to those ordinances and regulations, is not in violation of section 5491 if it elects to require the removal, without compensation, of any on-premise advertising display which meets any of the following criteria: (a) Anyadvertisingdisplay erected without first complying P Y with all ordinances and regulations in effect at the time of its construction and erection or use. (b) Any advertising display which was lawfully erected anywhere in this state, but whose use has ceased, or the structure upon which the display has been abandoned by its owner, for a period of not less than 90 days. Costs incurred in removing an abandoned display may be charged to the legal owner. (c) Any advertising display which has been more than 50 percent destroyed, and the destruction is other than facial copy replacement, and the display cannot be repaired within 30 days of the date of its destruction. (d) Any advertising display whose owner, outside of a change of copy, requests permission to remodel and remodels that advertising display, or expand or enlarge the building or land use upon which the advertising display is located, and the display is affected by the construction, enlargement for remodeling, or the cost of construction, enlargement, or remodeling of the advertising display exceeds 50 percent of the cost of reconstruction of the building. (e) Any advertising display whose owner seeks relocation thereof and relocates the advertising display. - 8 - (f) Any advertising display for which there has been an agreement between the advertising display owner and the city or county, for its removal as of any given date. (g) Any advertising display which is temporary. (h) Any advertising display which is or may become a danger to the public or is unsafe. (i) Any advertising display which constitutes a traffic hazard not created by relocation of streets or highways or by acts of any city or county. (j) Ordinances adopted by a city within three years of its incorporation, which incorporation occurs after March 12, 1982, shall not be subject to Section 5491 except as provided by Section 5494. (Added by Stats.1983, c. 1232, § 1.) (k) Notwithstanding subdivision (j), for any city or county incorporated after January 1, 1989, an ordinance initially adopted within three years of incorporation, or any amendment thereto within that three-year period, may require removal without compensation, except that no removal without compensation may be required within 15 years from the effective date of that.orciinanceor amendment. (Added by Stats.1988) Section 25.68.120 Permitted Signs - Purpose. No signs shall be erected or maintained in any zone as established by the zoning ordinance except those signs specifically enumerated in this chapter. The number and area of signs as outlined in this chap- ter are intended to be maximum standards which do not necessarily ensure architectural compatibility. Therefore, in addition to the enum- erated standards, consideration shall be given to a sign's relationship to the overall appearance of the subject property, as well as the surr- ounding community with the goal being to minimize visual pollution, the use of the lighting and excessive contrasting colors. Compatible design, simplicity, and sign effectiveness are to be used in establish- ing guidelines for sign approval. (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A S25.38-9). - 9 - The Task Force has two opinions of this section. A. Majority: Agrees with 25.68.120 language as it reads and believes it shows good intent. B. Minority: Believes the section should be deleted entirely. In its place should be the first paragraph of Section 25.68.010. 25.68.010 Intent and purpose. This chapter is intended to implement the goals and policies of the general plan, particularly with regard to developing a city that is visually attractive and preserving and enhancing the visual aspects of the city's streets and highways. This chapter is also intended to provide for a more orderly presentation of advertising displays and identification on proper- ties within the city which are zoned commercial, industrial, and residential; to bring those devices in harmony with the building, the neighborhood, and other signs in the area; to protect the general welfare of the businessmen and residents within the same area, as well as the citizens of Palm Desert, and to do so by regulating and controlling the location, design, quality of materials, illumination, and maintenance of signs and sign structures. (Ord. 129 §4(part), 1977: Ord. 98 §1 (part), 1975: Exhibit A §25.38-1). Section 25.68.230 Freestanding signs. Except for otherwise specified height limitations, freestanding signs shall not be located on the public right-of-way and shall not exceed ten six feet in height or the height of the adjacent build- ing, whichever is less (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A S25.38-11.05.) The Task Force believes "ten" feet should remain. Also, clarification is needed regarding this section. Section 230 above deals with freestanding signs in "other resi- dential zones". Presently, Freestanding signs in commercial areas are covered under two sections: 310 and 390. Section 310 basically deals with the general commercial zone while section 390 deals with larger parcels of land (i.e.: district and regional centers PC zone and industrial parks). The sub- committee felt that the two sections should be replaced with a consolidated section using some of the restrictions - 10 - from each. The goal of this new section on freestanding signs will be to provide center identification only, or individual business identi- fication in the case of individual businesses on its own sep- arate property. In the case of center identification signs gen- eral types of tenants may be described but no specific tenant names may be used. The new section 25.68.310 Freestanding signs will read: A. A building, commercial complex, shopping center or other commercial or industrial developments housing more than one (1) tenant and having frontage on a public street shall be entitled to one freestanding sign on each street frontage to identify the build- ing, commercial/industrial complex, or shopping center. The area of such sign(s) to be deter- mined as follows: 1. Freestanding signs for buildings, commercial com- plexes, shopping centers and other commercial/ industrial developments located on less than five acres of property shall not exceed one-half the total allowable signage of the front of the building and shall be subtracted there from and in no event exceed fifty (50) square feet and a height of six (6) feet. 2. Freestanding signs for buildings, commercial complexes, shopping centers and other comm- ercial industrial developments housing more than one tenant located on five acres of land or more shall be allowed one identification sign on each right-of-way with an allowable sign area based on a ratio of ten square feet per acre to a maximum of 100 square feet. Max- imum height of these signs shall be six feet. B. Individual businesses located on their own individual prop- erty, having frontage on a public street and individual (un- shared) access from said public street shall be entitled to a freestanding sign subject to the area and height limits delineated in part 1 and 2 of subsection "A" above, as may be applicable based on the area of the site. C. When approving any freestanding sign the Architectural Review Commission shall affirmatively make the finding that said approval shall visually enhance the aesthetic quality of the property on which the sign is to be located. D. All detached freestanding signs shall be placed within a per- manently landscaped area of not less than twenty-four square feet, and be architecturally compatible with the buildilng or complex and not encroach in the public right-of-way. - 11 The Task Force recommends that the current language should be retained, and the proposed language not be implemented. For additional input, please refer to the following letter: May 3, 1989 "Dear Dan: Here are a couple of notes concerning the sign ordinance. Section 25.68.310 A. In addition to a sign on each street frontage there should also be a provision for a sign from a parking lot such as President's Plaza. I also have a hard time with the idea of having the redevelopment agency fund a program for manufacturing and installing signs. Ella Manor" Section 25.68.480 Sign colors. Sign programs for commercial complexes, shopping centers, other commercial/industrial developments and individual businesses shall be limited to not more than three (3) colors which will minimize excessive contrast. The Task Force recommends that the new language not be implemented and that the current language be retained. - L L - Section 25.68.490. This section is under review with a view to reducing glare and light intensity and establishing measurable criteria on which to evaluate the signs. This information will fol- low when compiled. The Task Force recommends this section's continuance as currently written. Section 25.68.520 Maximum sign area limitation. l less-ethcrwjse-atrE}teri-ge ttis-c#apter-rrege less-e€ the ,vnce-where•leester -ne-sign-moral--cxccetl-tile-trre-xi- mctm-ttrea-neccsaary to-id-ent-ify the-trse. (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A S25.38-16.11). The Task Force agrees with the deletion. Section 25.68.540 Special permits. Nothing contained in this chapter shall prevent the city council from granting a temporary special permit or otherwise permitting on such terms as it deems proper, signs or the like advertising or pertaining to any civic, patriotic, or special event of general public interest taking place within the boundaries of the city when it can be found that same will not be materially detrimental to the public welfare, interest, or safety, nor injurious to adjacent property or improvements. Grand opening and "going out of business" signs may be ap- proved by the director of envirenmentai-serviees communi- ty development subfeet-to-appropriate-eendi+iens. (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A S25.38- 16.13). Signs approved under this section must be compatible and harmonious with the color of the building and adjacent buildings. Said signs will be strictly limited to the num- ber of days they may be displayed as well as other appro- priate conditions. 1 J Generally, the Task Force agrees with the section and its revisions. However, it has two opinions regarding the number of days "Grand Opening" and "Going out of Business" signage should be up. Majority: Recommends Grand Opening = 30 days maximum; Going Out of Business = 60 days maximum. Minority: Recommends no number of days be specified for either type of signage. Section 25.68.570 Trade construction signs. One unlit sign advertising the various construction trades shall be permitted on construction sites during the period that valid building permit approval exists. Such signs shall not exceed three fifteen square feet per twenty thousand square feet of land area with a maximum of thirty-two square feet in area and shall be removed before a notice of completion is issued for the building being construc- ted. No trade construction sign shall exceed eight five feet in height. (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A S25.38-17). The Task Force recommends there should be a 32 square foot minimum and ainaxiniumof 64 square feet for the permitted trade construction sign on a site. The permitted height should be 12 feet. Section 25.68.610 Signs on awnings, marquees, canopies, arcades or similar structures or attachements. A. All awnings or awnings with a sign(s) must be reviewed and approved by the Architectural Review Commission. The awning(sign) must be architecturally compatible with the building and as a result an awning may not be appropriate for every building. B. Pursuant to section 25.68.470 "Proper maintenance of signs" awnings must be kept in good repair and be clean and non-faded. - 14 C. Awnings must be substantially attached to the main building structure. (Task Force recommends "awnings must be attached to the satisfaction g t action of the Building and Safety Director".) D. Awning lettering and numbers as well as style and colors must aesthetically blend with the building. E. Letter height shall not exceed one-third (1/3) of the awning height and in no event shall it exceed eight (8) inches. F. Scalloping on awnings shall not be pronounced. G. Where applicable, awnings shall contain street num- bers four inches (4") in height with a letter style helvetica medium or equivalent. H. Awnings shall not contain phone numbers. I. Straight drop type awnings (i.e. canvas-vinyl signs) are prohibited. The Task Force has chosen to reflect comments and recommendations from Task Force members: A. We agree that awnings on buildings and signage on awnings are significant elements within a streetscape and can make a major contribution to the character of the environment. The color and letterstyle of the awning and sign should be a sophisticated statement that is a reflection of the character of the merchandise or quality of the service that is offered. Limiting colors to only those that "blend" with the building would require merchants to forfeit the opportunity to create distinctive, tasteful identifi- cation elements that are so important in a strong pedestrian area. Generous street amenities and strong visual key factors in enti- cing shoppers to spend more time strolling. A merchant's sign or awning are as important in attracting a customer as is the merchandise on display or service offered behind the front door. - 15 - We recommend that the color restrictions on awnings not be imposed, nor should there be limitations for awnings with scalloped edges. The Architectural Commission can "weed out" unacceptable colors, letterstyle combinations and sloppy edge treatments as they are submitted. We also recommend that the letter height not be restricted to 8", but be restricted by the overall proportion of the word(s) to the awning size, the style of the awning and the degree of contrast between the letters and the background material. An 8" letter may, in some cases appear too large, in others too small. Also, the context of the awning is extremely important when considering the appropriate letter size and color. When reviewing awnings, the following should be considered: 1. The movement of vehicular and pedestrian traffic; 2. sight line obstructions, both temporary and permanent; 3. architectural features of the base building; 4. the number of directions from which the awning/sign will be viewed; 5. landscaping and lighting; 6. sun orientation; 7. relationship to othe buildings and signs. Because the judgement of these elements requires knowledge of color theory, design principles and retailing fundamentals, its our belief that consideration must be given to structuring the Architectural Commission with personnel that is experienced in dealing with these elements. - 16 - B. 1. No provisions are made for logos and we assume that size, color and placement will he considered on a case by case basis. 2. Color of awning should not be limited to those that "blend" with the building. Contrasting colors when properly chosen for tone and inten- sity create a tasteful statement while drawing attention to the business. We STRONGLY recommend one or more members of the Architectural Commission possess interior design or color scehme skills so decisions can be made concerning color, logo size, and awning design compat- ibility with the structure. 3. Twelve inch maximum letter height not to exceed one-third of awning height. 4. Straight drop awning if properly designed and tailored for a specific building can be both attractive and effective (i.e. Andrew Lawrence). See 2. above for design skills necessary on the commission to make these decisions. 5. We encourage the use of street numbers on awning where building numbers are obscure. C. A. Guidelines are needed. B. Agree with H. Phone numbers are out of place on an awning. C. Awnings are needed. 1. Businesses need to promote themselves and awnings assist that effort. D. D - "aesthetically": Subjectivity is burdensome and conflicting. Also costly. - 17 - E. E - Eight inch (8"): Too small. Could be dangerous. F. I - "straight drop": Further definition needed. G. Policy is restrictive. H. F - If business is type that pronounced scalloping on awning follows its theme, it should be approved. 1. "Pronounced" - need for clarification of definition. I. A - Which buildings are not entitled to an awning? J. B - Agree. K. C - Awnings which fit into scheme of setting but are not attached meet a need and can be useful to area. L. G - 4" is very small. Could be dangerous. M. G and H - Awning should not contain both address and phone number. In conclusion, the Task Force will come to the joint Task Force-City meeting with specific language osals on section 25.68.610. Pproposals P Section 25.68.60S Lottery signs. Banners, window signs and wall signs promoting or adver- tising the California State Lottery must be reviewed and approvedpursuant to this section. Lotterysigns will be PP gn included in the overall total sign area allocated to the business based on its frontage. The Task bbrce recommends that the second sentence be removed. We also recommend that "...approved pursuant to this section" be replaced with "...approval not to exceed State Lottery requirements." - 18 - Section 25.68.606 Bingo signs. A maximum three (3) square foot sign advertising an upcoming bingo event may be installed, without permit, no more than forty-eight (48) hours before the event and must be removed immediately following the event. Acceptable. Section 25.68.607 Lights outlining buildings/windows. A. Flood lights and accent string lighting outlining the build- ing exterior or perimeter and/or window areas must be integrated with the building architecture and as such must be reviewed and approved by the Architectural Review Commission. In no event shall blinking, rotating, flash- ing or twinkling lights be used. B. During the period from Thanksgiving Day until New Years Day the above noted lights may be displayed without re- view and approval by the city. Acceptable. OTHER ISSUES (FROM CITY STAFF'S PROPOSALS): One of the major concerns of the subcommittee involved awning and sign maintenance. Staff will be stepping up enforcement in this regard through the use of the existing code section. Should this section prove inadequate then new language will be provided. This section will also be used to get building owners to cover over empty sign cabinets and to keep clocks and fountains in repair and working order. The city attorney will be asked to review the penalty section of the ordinance with a view to increasing same for persons installing sign before obtaining approval or for installing signsdiffererl from that approved. In an effort to upgrade signs in certain sections and blocks of the city, the redevelopment agency will be asked to fund a program which would establish a uniform sign program and cover the cost of manufacturing and instal- ling the signs. The subcommittee also reviewed in detail the issue of the use of neon but could not come to conclusion on it. Gener- ally it was felt that neon should not be totally prohibited - 19 - in that there may be instances where it could be arch- and compatibly integrated with the de- sign of the building. This issue should be discussed and included in the package sent on to the city council. Regarding paragraph one, the Task Force wishes to refer to the sign maintenance and repair material from the Sign Users Council of California and recommends its usage: 1. For the public health, safety and welfare, every on-premise sign shall be maintained in a safe, presentable and good structural material condition at all times, including the replacement of defective. parts, wiring, ballast, painting, repainting, cleaning and other acts required for the maintenance of said sign whether done on site or in licensed contractor's place of business. If the sign is not made to comply with safety standards, the Director of Code Compliance shall require its removal in accordance with this section. 2. Signs illuminated either internally or externally must be capable of being fully illuminated and legible, the face(s) intact (without holes or other exterior facial damage). Any illuminated sign not in accordance with these and other maintenance standards in this section shall be cited by the Director of Code Compliance and must be brought into compliance with said standards or proof of a contract for repair and maintenance must be provided within 30 days or shall be subject to abatement as a public nuisance. Illuminated signs that, because of expired or damaged lighting elements, become non-legible will be ordered to remain unlighted until repair. - 20 - 3. In case of abandoned signs, the identification, name and copy pertaining to the abandoned business must be removed and replaced with a blank panel or white space within 90 days of user vacancy. This does not apply to permanent, legal signage or legal non-conforming sign structures or sign cabinets. All notices of violation must be sent by the City Director of Code Compliance by certified mail. Any time periods provided in this section shall be deemed to commence on the day of the receipt of the certified mail. Any person having an interest in the sign or the property may appeal the citation ordering the removal of compliance by filing a written notice of appeal with the Planning Commission within 30 days after the date of mailing the notice, or 30 days after receipt of the notice was not mailed. 4. When it is determined by the city that said sign shall cause imminent danger to the public safety, and contact cannot be made with a sign owner or building owner, no written notice shall have to be served. In this emergency situation, the city may correct the danger. The city shall cause to have removed any sign that endagers the public safety, such as an abandoned, materially dangerous electrically or structurally defective sign. Any sign removed by the city pur- suant to the provision of this section shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. The cost of the removal of any sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the city or by assesment against the property as hereinafter provided. The cost of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal. Regarding paragraph four, the Task Force makes the following recommendations: - Z1 - 1. Every exposed (visible) neon tubing sign should go through the Architectural g Review Commission. 2. This signage type should be approved and permitted. Item IV. Conclusion: The Palm Desert Business Community Sign Ordinance Task Force cares deeply about the significance of the proposed sign ordinance amendments. Just as strong as our belief is for the ability of a business to appropriately identify itself, we believe Palm Desert deserves the best in quality and excellence. There is no reason why we cannot achieve both. pp, • 19 re sPA/ Smi1z.. e'r-tov. Chapter 25 .68 SIGNS* Sections : I . PURPOSE AND DEFINITIONS . 25 .68 . 010 Intent and purpose . 25 . 68 .020 Definitions . II . PERMITS . 25 .68 .030 Sign permit procedure . 25.68 . 040 Sign integration requirement. 25 .68 . 050 Adjustments . 25 .68 .060 Permit record requirement . 25 .68 .070 Double permit fee . 25 .68 .080 Exceptions to sign permit procedures . III . PROHIBITIONS AND ABATEMENT. 25 . 68 . 090 Prohibited signs . 25 .68 .100 Abatement of illegal signs . IV. PERMITTED SIGNS . 25 .68 . 110 Safe signs . 25 .68.120 Permitted signs--Purpose . V. SINGLE-FAMILY ZONES . 25 .68 .130 Realty signs . 25 .68 .140 Nameplates. 25 .68.150 Open house signs . 25 . 68 .160 Signs for special events . 25 .68 .170 Other signs . VI . OTHER RESIDENTIAL ZONES . 25.68 . 180 Signs in residential zones other than single- family . 25 .68 .190 Sign area--Hotels , motels and apartments . 25 .68.200 Sign area--Condominiums . 25 .68 .210 Other nonresidential uses allowed . * For statutory provisions on local regulation of signs , see Gov. Code 5538774 and 65850 , and Bus . and Prof. Code 55229 et seq. 411-2 (Palm Desert 10/81) Sections : (Continued) 25. 68. 220 Use of attraction boards for hotels and motels . 25. 68. 230 Freestanding signs . 25. 68. 240 Double frontage lots . 25. 68 . 250 Sales and rental signs (Other than residential zones . VII . COMMERCIAL AND INDUSTRIAL ZONES . 25. 68. 260 One sign per complex. 25 . 68. 270 Sign area--Commercial and industrial uses . 25 . 68. 280 Frontage on two or more streets . 25. 68. 290 Alternative sign area allocation for small commercial complexes . 25. 68. 300 Height--Wall signs . 25 . 68. 310 Freestanding signs . 25 . 68. 320 Second-story businesses . 25 . 68. 330 Sign for pedestrian traffic. 25 . 68 . 335 Directional signs for courtyard or plaza businesses . 25 . 68 . 336 Restaurant menu boards . 25. 68 . 340 Temporary signs within window areas. 25 . 68. 350 Special event signs. 25 . 68. 360 Listing of business associates . 25 . 68 . 370 Use of attraction boards by nightclubs . 25. 68. 380 Gasoline service stations . 25. 68. 390 Signs in district and regional shopping cen- ters and industrial parks . 25. 68. 395 Building or building complex identification signs in the general commercial district. 25. 68. 400 Sales and rental signs. VIII . MOBILE HOME PARKS . 25. 68. 410 Signs in RM zones . IX. GENERAL PROVISIONS . 25. 68. 420 Signs generally. 25. 68. 430 Design review board process . 25. 68. 440 Sign review criteria. 25. 68. 450 Signs facing private property prohibited. 25. 68. 460 Required information on signs. 25. 68. 470 Proper maintenance of signs. 25 . 68. 480 Sign colors. 25. 68. 490 Glare from signs . 25 . 68 . 500 Location of right-angle signs . 25. 68 . 510 Obstruction of passage. 25. 68. 520 Maximum sign area limitation. 411-3 (Palm Desert 7/82 ) 25 . 68 . 010 Sections : (Continued) 25 .68 . 530 Exceptions to sign limitations . 25 .68 . 540 Special permits . 25 .68 . 550 Imitation of traffic signal . 25 .68. 560 Overhead electric conductors . X. SPECIAL PURPOSE SIGNS . 25 .68 .570 Trade construction signs . 25.68 .580 No-trespassing signs . 25. 68 . 590 Land division signs. 25 . 68 . 600 Lease potential signs . 25 .68 .610 Signs on awnings , etc . 25. 68. 615 Open summer signs. 25. 68. 620 Political sign regulations. 25. 68. 630 Signs for public or quasi-public uses. XI. ENFORCEMENT AND AMORTIZATION. 25.68 .640 Lawful nonconforming signs. 25. 68. 650 Lawful nonconforming signs to be removed. 25 . 68. 660 Lawful noncomforming status not to apply to offsite signs , i.e. billboards. 25.68 .670 Removal and amortization period . 25 .68 .680 Amortization schedule I . 25 . 68 .690 Amortization schedule II . 25.68 . 700 Removal of nonconforming signs . 25 . 68 . 710 Ad hoc sign amortization committee . 25. 68 . 720 Planning commission criteria . 25 .68 . 730 Exceptions process . 25 .68 .740 Discontinuance of a business . 25. 68. 750 Nonconforming signs maintenance. 25 . 68 . 760 Penalties . I. PURPOSE AND DEFINITIONS . 25 .68 .010 Intent and purpose . This chapter is intended to implement the goals and policies of the general plan, par- ticularly with regard to developing a city that is visually attractive and preserving and enhancing the visual aspects of the city' s streets and highways . This chapter is also intended to provide for a more orderly presentation of ad- vertising displays and identification on properties within the city which are zoned commercial , industrial , and resi- dential; to bring those devices in harmony with the building , the neighborhood, and other signs in the area; to protect the general welfare of the businessmen and residents within the same area, as well as the citizens of Palm Desert, and to do so by regulating and controlling the location, design, quality of materials , illumination, and maintenance of signs and sign structures . (Ord . 129 S4 (part) , 1977 : Ord . 98 Si (part) , 1975 : Exhibit A S25 .38-1) . 412 (Palm Desert 9/83) 25 . 68 . 020 • 25 .68 .020 Definitions . The following words and phrases shall apply in this chapter: A. "Advertising device" means any balloon, flag, pennant, propeller; oscillating, rotating, pulsating, light; or other contrivance except a sign used to attract attention for the purpose of promoting (either directly or indirectly) , the sale of products of any person. B . "Advertising display" means any device , contrivance, statue or structure other than a sign used as a display, regardless of size and shape , for the purposes of attracting attention or making anything known, the origin or place of sale of which is on the property with such advertising dis- play. C . The area of a sign shall be within a single con- tinuous 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 such sign from the background against which it is placed. In the case of a sign designed with more than one exterior surface , the area shall be com- puted as including only the maximum single display surface which is visible from any ground position at one time . The supports , uprights , or structure on which any such sign is supported shall not be included in determining the sign area unless such supports , uprights , or structures are designed in such a manner as to form an integral background of the dis- play. D . In addition to its common meaning, a "building" includes any structure requiring a building permit. E . "Business sign" means a sign displaying information pertaining to goods or services offered or produced by the business located on the property, but not including advertis- ing devices or advertising displays . F. "Combination sign" means any sign incorporating any combination of the features of freestanding, projecting and roof signs . G. "Construction sign" means a temporary sign stating the names of those individuals or firms directly connected with the construction or development project, their addresses and their telephone numbers . H. "Externally lighted sign" means a sign whose imme- diate source of illumination is not enclosed by the surface of the sign structure. I . The "face or wall of a building" means the outer surface of any main exterior wall or foundation of a build- ing, including windows and store fronts . J. "Freestanding sign" means a sign supported by up- rights or braces placed upon or into the ground and detached from any building. K. "Height of a sign" means the greatest vertical 413 25 . 68 . 020 distance measured from the ground level directly beneath the sign to the topof the sign . L. "Identification sign" means a sign limited to the identifying name, symbol or insignia, or any combination thereof , of a building, use , or persons occupying the prem- ises on which the sign is located. M. "Internally lighted sign" means a sign with an immediate source of illumination that is completely enclosed by the surface of the sign structure . N. "Nameplate" means a sign not exceeding one foot by three feet signifying only the name of the occupant and his occupation or specialty . 0. "Outdoor advertising structure or sign" means a sign placed for the purpose of advertising products or services that are not produced, stored, or sold on the property upon which the sign is located. P. "Political sign" means any sign concerning candi- dates for political office or involving a ballot issue . Q. "Price sign" means a sign limited to the name or identification of items or products offered for sale on the premises , and the price of the items or products . R. "Projecting sign" means a sign other than a wall sign suspended from or supported by a building or structure and projecting outward therefrom. S . "Real estate sign" means a temporary sign advertis- ing the sale, lease, or rent of the property upon which it is located, and the identification of the person or firm handling such sale, lease , or rent. T. "Roof sign" means a sign affixed on, above, or over the roof of any building, or any sign affixed to the wall of a building so that it projects above the eave line of a roof . The top of a parapet wall shall be considered the eave line . The lowest point of a mansard style roof shall be considered the eave line. Where a parapet wall is combined with a man- sard roof, the eave line shall be the top of the parapet. U . "Sign" means any thing of visual appearance primarily used for, or having the effect of , attracting attention from the streets, sidewalks or other outside public areas for identification purposes . A sign shall not mean displays of merchandise or products for sale on the premises , or signs inside buildings except when less than three feet behind a window and facing public view, or ornamentation, design, statuary, architecture, landscaping, pictures , paintings or other such art forms unless , in the case of any exceptions listed in this chapter, the attraction, because of loca- tion, size, use or the nature thereof , has the substantial effect of attracting attention for identification purposes when viewed from an outside public area . The basic intent behind this definition is not to discourage product displays , design or art forms epitomizing simplicity , good taste and compatibility with the community ' s desired image . 414 25 . 68 . 030 V. "Sign face" means the surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered as such together with the frame and the background. W. A "vehicle-related portable freestanding sign" means portable signs affixed to a vehicle for the purpose of di- recting people to a business in close proximity to where the vehicle is parked. X. "Wall sign" means a sign attached to or erected on the exterior wall of the building or structure or on a canopy marquee or similar overhang with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall and not extending above the eave line . The top of a parapet wall shall be considered the eave line . The lowest part of a mansard-style roof shall be considered the eave line. Where a parapet wall is combined with a man- sard roof , the eave line shall be the top of the parapet . (Ord . 129 S5 (part) , 1977 : Ord. 98 Sl (part) , 1975 : Exhibit A SS25 . 38-2--25 . 38-225) . II . PERMITS 25 .68.030 Sign permit procedure. It is unlawful for any person to erect, alter, or to permit the erection or alteration of a sign, including painted signs , unless other- wise excepted by this chapter, upon any property without first obtaining a written sign permit from the department of environmental services . Signs exceeding one thousand dollars in value shall be reviewed through the design review board process as specified in Chapter 25 .70 . Application for such permit shall be made on a form provided by the department of environmental services and shall be accOmpanied by a fee as established by council resolution. The application shall set forth and contain the following information and material : Three copies of a plan showing the following : A. The location and size of any building or structures on the property, in the control of the applicant, both exist- ing and proposed; B. The location of off-street parking facilities , in- cluding major points of entry and exit for motor vehicles where directional signs may be proposed; C . The position of the proposed sign and its relation to adjacent buildings and structures under the control of the applicant; D. The design and size, colors proposed, and proposed location of the sign or sign structure on the property , under the control of the applicant; E. The method of attachment to any structure ; F . A statement showing sizes and dimensions of all other signs existing on the property, under the control of the applicant; 415 .d . 68 . 040--25 . 68 . 080 G. A statement showing the size and color relationships of such sign or sign structure to the appearance and design • of existing or proposed buildings and structures on the prop- erty; H . Such other information as the department of environ- mental services may reasonably require to secure compliance with this chapter and the ordinances of the city . (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A SS25 . 38-3-- 25 . 38-3 . 01) . 25 . 68 . 040 Sign integration requirement. Signs on all proposed buildings or new additions to existing buildings shall be designed as an integral part of the total building design. (Ord. 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975 : Exhibit A S25 . 38-3 . 02) . 25 .68 .050 Adjustments . The zoning administrator for either new or existing signs may grant slight adjustments to sign colors or authorize deviations from sign area or distance between signs not to exceed twenty percent , and on sloping roofs the allowance of roof signs not to extend above the ridge line, for existing buildings only , upon a finding that the conditions for variance exist as prescribed in this title and as further set forth in this title , when it is determined that no other possible , reasonable method of signs is available . (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 .38-3 . 03) . 25 .68 .060 Permit record requirement. The department of environmental services shall keep a copy and permanent record of each sign permit issued. Each copy shall show the permit number. The permittee shall be required to exhibit the permit at all times in a place satisfactory to the direc- tor of environmental services . (Ord . 169 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975 : Exhibit A S25 .38-3 . 04) . 25 . 68 . 070 Double permit fee . The applicable fee for a sign permit shall be doubled when the installation of a sign is commenced before obtaining a permit therefor . (Ord . 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975 : Exhibit A S25 . 38- 3 . 05) . 25 .68 . 080 Exceptions to sign permit procedures . The following signs , if not illuminated, shall be allowed on all commercial , industrial , and residential zoned property with- out a sign permit being required: A. One identification sign not exceeding one square foot in area, and displaying only the name and address of the owner or occupant; B . Directional or safety signs as required, provided that : 416 __ . 68 . 090--25 . 68 . 100 1 . Each such sign has first been reviewed and approved by the design review board and/or the director of environmental services , and 2. Such signs do not exceed three square feet per face; C . Emblems or flags of nonprofit organizations as required; provided, that each has first received approval by the design review board and/or the director of environ- mental services . D. Religious , charitable, educational , or cultural posters not exceeding sixteen square feet in area, and tem- porary in nature ; E. Governmental or other legally required posters , notices , or signs ; F. Utility or telephone pay station signs . (Ord . 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975: Exhibit A SS25. 38-4--25. 38-4 .06) . III . PROHIBITIONS AND ABATEMENT 25 .68 .090 Prohibited signs . Except for those signs allowed under the provisions of Section 25 . 68 .540 , special permits , the following signs are prohibited in the city: A. Signs which rotate, move, flash, reflect, blink, or appear to do any of the foregoing, including searchlights , shall be prohibited unless required by law or utilized by a proper governmental agency, with the exception of approved time and temperature displays ; B . Signs on public property, in the public right-of- way, or on public utility poles shall be prohibited unless otherwise authorized by this chapter. Signs prohibited shall include, but not be limited to, realtor, open house, and garage sale signs . This prohibition shall include all por- table signs including those placed on vehicles with the exception of vehicle identification signs ; C . Any permanent sign which does not advertise, with- out reference to prices , a use being made on the premises , name of the owner or user, or which does not advertise a product, an interest, service, or entertainment available on the premises shall be prohibited; D. Temporary or portable freestanding signs are pro- hibited except as otherwise provided in this chapter; E. Advertising devices; F. Advertising displays outside of buildings ; G. Combination signs ; H. Roof signs . (Ord . 129 S4 (part) , 1977 : Ord . 98 S1 (part) , 1975 : Exhibit A SS25 .38-5--25 . 38-5 . 08) . 25 .68 .100 Abatement of illegal signs . The director of environmental services shall see that this chapter is en- forced. He shall not permit, and shall abate , any sign 417 25 . 68 .110--25 . 68 .130 within the city which fails to meet the requirements of this chapter or other applicable law. The director of environmental services , or his autho- rized representative , shall remove any temporary sign for which a sign permit has not been obtained as required by this chapter. The director of environmental services, or his authorized representative , shall notify the owner or user of a permanent sign which has been installed without the acquiring of a sign permit that the illegal sign shall be removed within ten days . Upon receipt of this notice, the owner or user of a permanent sign that is determined to be illegal does have the right to appeal the decision or notice within ten days thereafter to the city council pur- suant to the provisions of Chapter 8 .20 of this code. Any illegal permanent signs existing prior to the enactment of this chapter shall not be abated by the city until one year after February 24 , 1977 . (Ord . 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975 : Exhibit A S25 . 38-6) . IV. PERMITTED SIGNS 25 .68 . 110 Safe signs . The city council shall adopt, by ordinance, a set of rules and regulations to guarantee that all signs are safely constructed. These rules and regulations shall be made available to the public . The building official shall see that all signs within the city meet the safety requirements promulgated in the rules and regulations . (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 . 38-8) . 25 .68 .120 Permitted signs--Purpose . No signs shall be erected or maintained in any zone as established by the zon- ing ordinance except those signs specifically enumerated in this chapter. The number and area of signs as outlined in this chapter are intended to be maximum standards which do not necessarily ensure architectural compatibility. There- fore, in addition to the enumerated standards , consideration shall be given to a sign ' s relationship to the overall appearance of the subject property, as well as the surround- ing community. Compatible design , simplicity , and sign effectiveness are to be used in establishing guidelines for sign approval . (Ord. 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 .38-9) . V. SINGLE-FAMILY ZONES 25 . 68 . 130 Realty signs . During a period of time when realty is offered for sale or rent , a sign so indicating, not to exceed three square feet and four feet in height may be located on the property facing each frontage. No real estate sign shall be located on a roof; project from a building 418 (Palm Desert 7/82 ) 25 . 68 . 140--25 . 68 . 170 face; or, move in any manner. Any such sign shall be removed upon rental of the property, or upon close of escrow. In addition, one rider not to exceed five inches by sixteen inches may be installed at the bottom of the main sign. (Ord. 272 (part) , 1981 : Ord. 129 S4 (part) , 1977 : Ord. 98 §1 (part) , 1975 : Exhibit A §25 . 38-10 . 01) . 25 . 68 . 140 Nameclates . Each dwelling is permitted one nameplate indicating any one or more of the following: The name of the occupant, the occupation, or the street address of the residence. The sign shall not exceed one square foot in area and if located on a pole, no part of the sign or pole should be more than four feet above ground level. (Ord. 129 S4 (part) , 1977 : Ord. 98 §l (part) , 1975 : Exhibit A §25 . 38- 10. 02 ) . 25 . 68. 150 Open house signs . During the period under which real estate is offered for sale or lease and while a salesperson is physically present on the premises, one sign per street frontage not exceeding four feet in height and three square feet in area shall be permitted. Off-site directional signs may be permitted for an open house, subject to the following provisions : A. Each sign shall not exceed three square feet; B. No flags or banners shall be used; C. To be located on private property only, unless prior written approval for unique circumstances is obtained from the director of environmental services. (Ord. 272 (part) , 1981: Ord. 226 , 1980 : Ord. 129 S4 (part) , 1977 : Ord. 98 §l (part) , 1975 : Exhibit A S25 . 38-10 . 03) . 25 .68 .160 Signs for special events . One unlighted sign shall be permitted for special events such as garage sales , patio sales , block parties , or similar events . The sign shall not exceed three square feet in area or four feet in height. (Ord. 129 S4 (part) , 1977 : Ord. 98 S1 (part) , 1975 : Exhibit A S25 . 38-10 . 04) . 25 .68 .170 Other signs . No other signs shall be erected or maintained in any single-family zone, as established by the zoning ordinance , except for those signs specifically authorized by the design review board process. Any such sign so authorized shall be necessary to preserve a legal right or serve an economic need and shall not be deemed likely to 419 (Palm Desert 7/82 ) .68 .180--25 .68 . 210 cause undue detriment to surrounding uses or the economic values of the surrounding properties . Signs so authorized shall be located and erected in a manner satisfactory to the director of environmental services or his authorized repre- sentative . (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 . 38-10 .05) . VI . OTHER RESIDENTIAL ZONES 25 .68 . 180 Signs in residential zones other than single- family. The predominant idea in authorizing signs in the other residential zones is to strive for a one-sign complex to eliminate clutter and to promote compatibility, propor- tion, simplicity, and sign effectiveness . (Ord. 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975: Exhibit A S25 .38-11) . 25 .68 .190 Sign area--Hotels, motels , and apartments . Each hotel , motel, or apartment complex shall be limited to one sign per complex. The total or aggregate area of the principal sign shall not exceed the equivalent of one square foot of sign per lineal foot of frontage which the building has facing on the adjacent right-of-way, with a maximum enti- tlement of fifty square feet. Such signs shall include in their design layout, all accessory service signs . Accessory signs shall be prohibited unless designed in conjunction with or made an integral part of the principal sign. Criteria to be used in designing and locating these signs shall be those of proportion, simplicity, utility, and compatibility with sourrounding uses and development. (Ord. 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975 : Exhibit A S25.38-11 .01) . 25 .68 .200 Sign area--Condominiums . There shall be a basic allowable sign area of ten square feet plus one addi- tional square foot of sign area for every ten units to be encompassed in one sign for each main entrance with a maximum of fifty square feet in area. As an alternative, two signs located one on each side of the entry, not to exceed fifteen square feet, may be permitted. The sign shall be displayed at the main entrance and shall only depict the name of the complex. Permanent signs within the complex shall be approved by the design review board process , but no interior sign shall be larger than six square feet. (Ord. 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975 : Exhibit A S25. 38-11 .02) . 25.68 . 210 Other nonresidential uses allowed. One externally lighted or unlighted identification sign not exceeding twenty square feet in area shall be permitted for authorized uses, such as churches , day care centers , private clubs, restaurants , and the like . Authorized commercial uses shall be permitted one externally lighted or unlighted identification sign not 420 25 .68 . 220 • exceeding three square feet in area or four feet in height. (Ord. 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 .38-11 .03) . 25 .68 .220 Use of attraction boards for hotels and motels . An attraction board may be included in the design an a lowable sign area for a hotel , motel , or apartment house, subject to its location and design being approved as provided in this chapter : A. The attraction board shall be designed and located so that it is made an integral part of the principal sign. B. If the principal sign is designed and located on a building or in such a manner that an attached attraction board sign would detract from the appearnace of the sign, a detached attraction board sign shall be allowed, provided: 1. That the size of the detached attraction board sign shall be counted as part of the total allowable sign area; 2 . That the maximum allowed size for a detached attraction board sign shall be five square feet per face; 3 . The name of the hotel or motel cannot be indi- cated on the detached attraction board sign. C. An appropriate combination of the following informa- tion shall be allowed on an attraction board sign : 1. Summer rate; 2. Vacancy; 3 . Credit cards ; 4 . TV, color TV; 5 . Pools, therapy pools; 6 . Air-conditioning; 7 . Continental breakfast; 8 . Welcoming conventions; 9 . Any other information as approved by the direc- tor of environmental services . D. In addition to the other' sign usage authorized in this section, actual rates or prices on rentals or other accommodations may be indicated by a single sign or attrac- tion board not to exceed eighteen inches by twenty-four inches , located no closer than one foot on the inside of a window when facing public view, in letters and numbers not to exceed three-quarters of an inch in height. The intent of this subsection is to limit the use of hotel and motel rate signs solely to the manner provided in this subsection, in- cluding the restriction of rate signs that attempt to gain an unfair advantage over competition by the use of a busi- ness name which, in letters and/or figures , suggest a rate. All gg such signs authorized in this section shall also comply, where compatible, with the provisions of Article 3 , Chapter 1, Part 3 , Division 7 (Section 17560 , et seq. ) of the Busi- ness and Professions Code. Any such s gnEich fails to comply with the provisions of this section shall constitute 421 5 . 68 .230--25 .68 . 270 a public nuisance and may be abated as such. (Ord . 129 • S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 . 38- 11 . 04) . 25 .68 . 230 Freestanding signs . Except for otherwise specified height limitations , freestanding signs shall not be located on the public right-of-way and shall not exceed ten feet in height or the height of the adjacent building, whichever is less . (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 .38-11 .05) . 25 . 68 . 240 Double frontage lots . A business in a build- ing facing on more than one right-of-way shall be allowed the authorized sign area on each street which it faces ; pro- vided, that the areas may not be accumulated on one right- of-way and shall not exceed the allowed area of any one right-of-way. Location and design of such sign combina- tions must be approved by the design review board process so as to eliminate clutter and incompatibility of signs . (Ord . 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975 : Exhibit A S25 .38-11 .06) . 25. 68 . 250 Sales and rental signs (other residential zones) . A. Properties in residential zones other than sing e-family shall be authorized sale or rental signs on the following basis : 1. Under two hundred feet of street frontage, one sign per frontage, three square feet per sign; 2 . Over two hundred feet of street frontage, one sign per frontage, twelve square feet in area. B. Signs shall be designed and located in a manner satisfactory to the director of environmental services . Such signs shall be removed upon completion of escrow. (Ord. 272 (part) , 1981: Ord. 129 S4 (part) , 1977: Ord. 98 Sl (part) , 1975 : Exhibit A S25 . 38-11. 07) . VII . COMMERCIAL AND INDUSTRIAL ZONES 25 .68 .260 One sign per complex. The predominant idea in authorizing signs in the commercial and industrial zones is to strive for one sign per complex to eliminate clutter and to promote compatibility, proportion, simplicity, and sign effectiveness . (Ord. 129 S4 (part) , 1977 : Ord . 98 S1 (part) , 1975 : Exhibit A 525 .38-12) . 25. 68. 270 Sign area--Commercial and industrial uses . Sign design, location and size shall be as approved by the design review process. Relative thereto, the following sign areas shall apply : A. Businesses within one hundred feet of a public right- of-way which they face, or businesses which front only on a common use parking area shall be entitled to one square foot 422 (Palm Desert 7/82 ) 5 . 68 . 280--25 . 68 . 300 • of sign per lineal foot of frontage , unless the design re- view board determines that the proposed size of the sign is not in harmony with the design of the building. Such a sign must be located adjacent to the right-of-way from which its area is determined. B. Businesses located greater than one hundred feet from a public right-of-way, which they face , shall be en- titled to one and one-half square foot of sign per lineal foot of frontage, unless the design review board determines that the proposed size of the sign is not in harmony with the design of the building. Such a sign must be located adjacent to the right-of-way from which its area is deter- mined. C. A single business having lineal frontage on any right-of-way in excess of fifty feet, shall be entitled in addition to subsections A or B of this section, an additional one-half square foot of sign area for each lineal foot of frontage in excess of fifty feet up to one hundred feet, and an additional one quarter square foot of sign area for each lineal foot of frontage in excess of a hundred feet. (Ord. 272 (part) , 1981 : Ord. 129 S4 (part) , 1977 : Ord. 98 S1 (part) , 1975 : Exhibit A S25 . 38-12 . 01) . 25 .68 . 280 Frontage on two or more streets . A business in a building facing on more than one right-of-way shall be allowed the authorized sign area on each street which it faces; provided, that the areas may not be accumulated on one right-of-way and shall not exceed the allowed area of any one right-of-way . Location and design of such sign combina- tions must be approved by the design review board process so as to eliminate clutter and incompatibility of signs . (Ord . 129 S4 (part) , 1977 : Ord . 98 S1 (part) , 1975 : Exhibit A S25 .38-12 . 02 (A) ) . 25 . 68. 290 Alternative sign area allocation for small commercial complexes. Owners of multitenant buildings or commercial complexes, may divide the total sign area allo- cated to the building street frontage (per Section 25 . 68 . 270) among the various tenants to allow tenants not having street frontage to have signage on said street. Said signs must meet all other requirements of this chapter. (Ord. 272 (part) , 1981) . 25 .68.300 Height--wall signs . The top of such signs shall not be higher than the eave line of the building on which it is located as measured from the underside of the eave and in no event higher than twenty feet. See the definition of wall sign for clarification of eave line and see Section 25 . 68 .050 for special circumstances for unique roof designs . (Ord . 129 S4 (part) , 1977 : Ord . 98 S1 (part) , 1975 : Exhibit A S25 .38-12 . 03 (A) ) . 423 (Palm Desert 7/82) 5 . 68 . 310--25 . 68 . 335 25. 68. 310 Freestanding signs. A. A building or corn- mercial complex within the general commercial zone with in- dividual street frontage shall be allowed one double faced or single faced freestanding sign per street frontage for tenant identification when the building or complex location or configuration or topographical variation or other similar circumstances preclude the effective building but must have the approvalexplicite a signs l on the size and location of either the designrevewaboard, planning commission or city council. planning B. The square footage of one face of a double faced sign shall be counted; however, the square footage of such sign face shall in no case exceed one-half the total allowable signage of the front of the building and shall be subtracted therefrom. C. The area of such signs shall not exceed fifty square feet per face; and the height shall not exceed twelve feet. D. All detached signs shall be placed within a per- manently landscaped area of not less than twenty-four square feet; and be architecturally compatible with the building or complex; and not encroach in the public right-of-way. E. Any freestanding sign conforming to the requirements of Section 25 . 68 . 310 as in effect on September 25 , 1981 , shall be considered exempted from these provisions until such time as the owner changes his sign copy. (Ord. 272 (part) , 1981 : Ord. 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975 : Exhibit A S25. 38-12 . 03 (B) ) . 25 .68 . 320 Second-stor businesses . Businesses main- taine exc usive y on the secon nor of a two-story build- ing may be allowed up to fifty percent of the sign area authorized for businesses conducted in single-story buildings by the design review board process . (Ord . 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975 : Exhibit A S25 . 38-12 .04) . 25 . 68 . 330 Sign for pedestrian traffic . Where the prin- cipal sign rorabusinessat it cannot be seen by pedestrian traffic, an identification sign, in addition to that otherwise allowed in this chapter, shall be permitted. Such a sign shall be no larger than three square feet (three feet on each side) and it shall be designed and located so as to not distract from the appearance e building or violate the intent of this chapter. (OOrd .t 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975: Exhibit A S25 . 38- 12 .05) . 25 . 68 . 335 Directional si ns for court and or laza businesses. Where commercial buildings or comp exes are designed to contain tenant spaces oriented to an interior courtyard or plaza and where the principal business iden- tification sign is located on that courtyard or plaza front- age, the commercial building or complex may be permitted 424 (Palm Desert 7/82) 25 . 68 . 336--25 . 68 . 350 a pedestrian directional sign (s) , which groups the names of businesses and/or principal services to be found in the courtyard or plaza , located at major pedestrian entrances to the plaza or courtyard, as follows : A. Permitted signs shall not encroach into the public right-of-way. B. Permitted signs may be allowed up to a maximum of one and one-half square feet of sign area for the identifi- cation of each individual tenant space. This area may be utilized by individual sig n panels grouped together her or by panel containing the aggregrate area of all courtyard or plaza tenants . In addition to the sign area permitted for individual tenants , a permitted sign may be allowed up to a maximum of two square feet of sign area for purposes of directing pedestrians to the courtyard or plaza, by means of graphic symbols and/or lettering. C. Permitted signs may either be wall mounted or freestanding, if properly integrated into the architectural and landscape design of the building. D. Permitted signs shall have a maximum height of seven feet above the pedestrian walkway, whether wall mounted or freestanding. E. Permitted signs including supports shall have a maximum width of four feet whether wall mounted or free- standing. (Ord. 225 , 1980) . 25 . 68 . 336 Restaurant menu boards. In addition to those signs permitted by this title, a restaurant may mount a sign on a wall or window, not to exceed three square feet display- ing the menu and/or daily specials. When a restaurant is set back more than five 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 may not encroach into the public right-of-way or obstruct pedestrian movement. (Ord. 272 (part) , 1981) . 25 .68 .340 Temporary signs within window areas . Tempo- rary informational signs not to exceed a maximum of five square feet of the window area of a business may be used . Such signs shall be located on the inside of the window and shall not require prior approval of the city. (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 . 38- 12 .07) . 25. 68. 350 Special event signs. With the approval of the director of environmental services , a business may erect one temporary sign, mounted on a wall facia or freestanding, ad- vertising special events , promotions or sales . The director may approve up to thirty square feet of sign area depending upon the type of event, building design and right-of-way 425 (Palm Desert 7/82) 25. 68 . 360--25 . 68 . 380 frontage for a period not to exceed thirty days per year. When improperly used, special event signs constitute a pub- lic nuisance and may be abated. (Ord. 272 (part) , 1981 ; Ord. 129 S4 (part) , 1977 : Ord. 98 51 (part) , 1975 : Exhibit A §25 . 28-12 . 08) . 25 . 68 . 360 Listing of business associates . In addition to the other sign usage authorized in this chapter, each separate business shall be allowed lettering on or behind windows facing the public view indicating the owners , oper- ators , or business associates exercising the use; provided, that such lettering shall be enclosed within a single area and shall not exceed a total of three square feet. (Ord . 129 S4 (part) , 1977 : Ord . 98 §1 (part) , 1975: Exhibit A S25 . 38-12 . 09) . 25 . 68 . 370 Use of attraction boards by nightclubs . In addition to the permitted sign area, one attraction board to advertise nightclub, theater, or cabaret entertainment shall be allowed; provided, that the location has the required off- street parking as set forth in this title . No permit shall be issued, nor shall any person erect an attraction board until its design and location are approved as provided for in this chapter. The maximum allowable size for an attraction board shall be twenty-five square feet if facing on a street; or fifteen square feet on each side if the faces are at right angles to the street. The advertising on the attraction board shall be limited to coming and current entertainment only. Attraction boards shall not be used to advertise rates or prices of attractions . (Ord . 129 S4 (part) , 1977 : Ord . 98 Si (part) , 1975 : Exhibit A S25 .38-12 .10) . 25 .68 . 380 Gasoline service stations . Gasoline service stations shall be limited to those signs as approved by the planning commission as a part of their action on a condi- tional use permit and/or amendment thereto for the service station which shall in no event exceed the following limita- tions : A. One double-faced freestanding monument sign not to exceed twenty-four square feet in area or not to exceed eight feet in height, and advertising only the name of the com- pany; B. One ten-square-foot wall sign advertising the com- pany name and/or operator; C. One wall or ground sign, not exceeding eight square feet in area or eight feet in height for a ground sign, advertising the actual lowest price per gallon including all taxes at which regular, premium, and unleaded gasoline are 426 (Palm Desert 7/82 ) 25 . 68 . 390--25 . 68 . 395 currently being offered. Anyspecial p conditions required for sale at such lowest price shall also be indicated. (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 .38-12 . 11) . 25 . 68. 390 Signs in district and regional shopping centers and industrial parks . A. In addition to the wall sign area allowed g o ed for individual businesses , shopping cen- ters and industrial parks in excess of three and one-half acres of land shall be allowed one identification sign on each right-of-way. Such signs shall not extend beyond the property line or into the right-of-way and shall be used solely to identify the shopping center, shopping area, or businesses and/or activities conducted therein. Relative to such signs, the allowable sign area shall be based on ten square feet of sign per acre. These signs shall not ex- ceed one hundred square feet, shall have a maximum height of twelve feet, and shall not be erected witho ut first having a approval proper pp as provided in this chapter. B. Further, where the unique design of the center allows for adequate integration of a larger sign, the per- mitted pedestrian traffic signs as allowed in Section 25 . 68- . 330 may be increased to a maximum of six square feet per side. (Ord. 272 (part) , 1981 : Ord. 129 S4 (part) , 1977: Ord. 98 Sl (part) , 1975 : Exhibit A S25 . 38-12 . 12 ) . 25 . 68 . 395 Building or building complex identification signs in the general commercial district. In addition to the wall sign area allowed for individual businesses, general commercial district buildings or building complexes which are designed to contain four or more distinct .tenant spaces, may be allowed one identification sign on each right- of-way, or public access thoroughfare . Such signs shall not extend beyond the property line or into the right-of-way or thoroughfare, and shall be used solely to identify the build- ing or building complex. Relative to such signs , the maximum allowable sign area shall be based on the following: A. Up to fifty feet of frontage , three square feet of sign area; B. Over fifty feet of frontage, up to seventy-five feet, five square feet of sign area; C. Over seventy-five feet of frontage, up to one hundred feet, ten square feet of sign area; D. Over one hundred feet of frontage , maximum size of fifteen square feet. Buildings with frontage of one hundred feet or more shall be permitted a free standing sign, height not to exceed eight feet. (Ord. 272 (part) , 1981 : Ord. 22 S2 , 1980) . 426-1 (Palm Desert 7/82) 25 . 68 . 400--25 . 68 . 410 25. 68. 400 Sales and rental signs. A. Commercial and industrial properties shall be authorized sale or rental signs on the following basis : 1. Under two hundred feet of frontage on a public road, one sign per frontage, three square feet per sign; 2 . Over two hundred feet of frontage on a public F_ - right-of-way,wa g one signper fr ontage ,g twelve square feet in area. B. Signs shall be designed and located in a manner satisfactory to the director of environmental services . Such signs shall be removed upon completion of escrow. (Ord. 272 (part) , 1981 : Ord. 129 §4 (part) , 1977 : Ord. 98 51 (part) , 1975 : Exhibit A §25 . 38-12 . 13 . VIII . MOBILE HOME PARKS 25. 68. 410 Signs in RM zones. A mobile home park shall be allowed one externally lighted or unlighted identification sign not exceeding the equivalent of one square foot of sign area per ten lineal feet of frontage on each right-of-way upon which the business fronts. No sign shall have a surface area of greater than thirty square feet or be erected at right angles to the right-of-way. Freestanding signs shall not exceed eight feet in height. Mobile home park properties shall be authorized one sale or rental sign while the property is actually for sale or rent. These signs shall not exceed three square feet in area or four feet in height and shall be designed and located in a manner satisfactory to the director of environmental services. In addition, one rider, not to exceed five inches by sixteen inches, may be installed at the bottom of any 426-2 (Palm Desert 7/82 ) __ . 68 . 420--25 . 68 . 440 approved real estate sign. (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 .38-13) . IX. GENERAL PROVISIONS 25 . 68 . 420 Signs generally . The following general sign usage provisions and regulations shall apply for all signs . The basic intent is to protect the public and property owners against downgrading of aesthetic and property values . There- fore , any additional sign usage authorized hereunder shall be strictly construed in its application. (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 . 38-16) . 25 . 68 .430 Design review board ;Process . Each sign shall be submitted to the design review board process prior to its erection. In the case of new developments , a signing program shall be submitted as part of the site plan review procedure. (Ord . 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975 : Exhibit A S25 . 38-16 . 01) . 25 . 68 . 440 Sign review criteria. All signs which are regulated by this chapter shall be subject to the approval of the design review board process . In approving or reject- ing a particular sign permit, the reviewing body shall utilize the following review criteria: A. That the sign is necessary for the applicant 's enjoyment of substantial trade and property rights ; B . That the sign is consistent with the intent and pur- pose of this chapter and title ; C . That the sign does not constitute a detriment to public health, safety , and welfare; D. That the size, shape, color, and placement of the sign is compatible with and bears a harmonious relationship to the building it identifies; E. That the size , shape , color, and placement of the sign is compatible with and bears a harmonious relationship to the neighborhood and other signs in the area ; F. That both the location of the proposed sign and the design of its visual elements (lettering, words , figures , colors, decorative motifs , spacing, and proportions) are legible under normal viewing conditions prevailing where the sign is to be installed; G. That the location and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs ; H. That the location and design of the proposed sign , its size, shape, illumination, and color are compatible with the visual characteristics of the surrounding area so as not to detract from or cause depreciation of the value of adja- cent developed properties ; and 427 .'5 . 68 . 450--25 . 68 . 500 I . That the location and design of a proposed sign in close proximity to any residential district does not ad- versely affect the value or character of the adjacent resi- dential district . (Ord . 129 S4 (part) , 1977 : Ord . 98 S1 (part) , 1975 : Exhibit A §25 . 38-16 .02) . 25 . 68 . 450 Signs facing private property prohibited. All signs authorized under this chapter must be placed on the side of property facing on public or private right-of-way . (Ord . 129 S4 (part) , 1977 : Ord . 98 Si (part) , 1975 : Exhibit A S25 . 38-16 . 03) . 25 . 68 . 460 Required information on signs . Each sign shall have the name of the maker, the date of the erection, and the permit number . Such information shall be clearly legible and on the lower right hand corner of the face of the sign in a conspicuous place . As an alternative, a decal issued by the city as a part of the sign approval process may be placed on the sign at a location visible and readable from the public or private right-of-way . (Ord . 129 S4 (part) , 1977 : Ord . 98 S1 (part) , 1975 : Exhibit A S25 . 38-16 . 04) . 25 . 68 .470 Proper maintenance of signs . The user, owner, or lesee of a sign authorized under this chapter shall maintain it in a manner satisfactory to the director of environmental services or his authorized representative. All signs shall be maintained in a neat, attractive condition and in adequate repair . (Ord . 129 S4 (part) , 1977 : Ord. 98 S1 (part) , 1975 : Exhibit A §25 . 38-16 .05) . 25 . 68 . 480 Sign colors. The number and type of colors used shall be as approved by the design review board. (Ord. 272 (part) , 1981 : Ord. 129 S4 (part) , 1977 : Ord. 98 S1 (part) , 1975 : Exhibit A S25. 38-16. 06) . 25 . 68. 490 Glare from signs . All illuminated signs in all zones shall be designed in such a manner as to avoid undue glare or reflection of light on private property in the surrounding area; in no event shall any sign exceed ten candlepower at ten feet from the face of the sign. (Ord . 129 S4 (part) , 1977 : Ord. 98 Si (part) , 1975 : Exhibit A S25 . 38-16 . 08) . 25 . 68 .500 Location of right-angle signs. Right-angle signs on faces of buildings shall not extend over eighteen inches beyond the face of the building where located , except for pedestrian-oriented signs . No right-angle sign shall extend below eight feet from the sidewalk or the right-of- way. Right-angle signs supported by posts or standards shall 428 (Palm Desert 7/82) ..5 . 68 . 510--25 . 68 . 550 not extend beyond the property line or into the public right- of-way . (Ord . 129 S4 (part) , 1977 : Ord . 98 §1 (part) , 1g75 : . Exhibit A S25 . 38-16 . 09) . 25 . 68 . 510 Obstruction of passage . Signs shall not be constructed so as to obstruct any door , window, or fire escape of any building . (Ord . 12Q1q77 :9 S4 (part) , Ord . 98 §l (part) , 1975 : Exhibit A §25 .38-16 .10) . 25 . 68 . 520 Maximum sign area limitation . Unless other- wise authorized by this chapter, regardless of the zone where located , no sign shall exceed the maximum area necessary to identify the use . (Ord . 129 S4 (part) , 1977 : Ord . 98 S1 (part) , 1975 : Exhibit A §25 . 38-16 .11) . 25 . 68 . 530 Exceptions to sign limitations . Nothing con- tained in this chapter shall prevent the erection, construc- tion, or maintenance of official traffic , fire , and police signs , temporary traffic-control signs used during construc- tion and maintenance of utility facilities and substructure location and identification signs and markers required to protect these facilities , devices , and markings of the state Department of Transportation, the city council , or of other competent public authorities , or the posting of the notices required by law. (Ord . 129 S4 (part) , 1977 : Ord . 98 S1 (part) , 1975 : Exhibit A S25 . 38-16 .12) . 25 . 68 . 540 Special permits . Nothing contained in this chapter shall prevent the city council from granting a tem- porary special permit or otherwise permitting, on such terms as it deems proper, signs or the like advertising or pertain- ing to any civic , patriotic , or special event of general pub- lic interest taking place within the boundaries of the city when it can be found that same will not be materially detri- mental to the public welfare , interest, or safety , nor injurious to adjacent property or improvements . Grand opening signs may be approved by the director of environmental services , subject to appropriate conditions . (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 .38-16 .13) . 25 . 68 . 550 Imitation of traffic signal . No person shall place, maintain or display upon or in view of any street or highway , any unofficial sign, signal , or device , or any signal , sign or device which purports to be or resembles an official traffic sign or signal or which hides from view any official traffic sign or signal . Any such signal may be abated forthwith . (Ord . 12Q S4 (part) , 1977 : Ord . 98 §1 (part) , 1975 : Exhibit A §25 . 38-16 . 14) . 429 25 . 68 . 560--25 . 68 . 600 • 25 . 68 . 560 Overhead electric conductors . No sign or sign structure shall be erected in such a manner that any portion of its surface or supports shall be within six feet horizontally of , or twelve feet vertically of , overhead electric conductors which are energized in excess of seven hundred fifty volts . (Ord . 129 §4 (part) , 1g77 : Ord . 98 Sl (part) , 1975 : Exhibit A §25 . 38-16 .15) . X. SPECIAL PURPOSE SIrNS 25 .68 . 570 Trade construction signs . One unlit sign advertising the various construction trades shall be per- mitted on construction sites during the period that valid building permit approval exists . Such signs shall not exceed three square feet per twenty thousand square feet of land area with a maximum of thirty-two square feet in area and shall he removed before a notice of completion is issued for the building being constructed. No trade construction sign shall exceed eight feet in height. (Ord . 12Q S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 . 38-17) . 25 . 68 . 580 No-trespassing signs . A no-trespassing or no-dumping sign not exceeding three square feet shall be authoriz ed for each parcel of property in addition to other authorized signs and shall be located and designed thereon in a manner satisfactory to the director of environmental services or his authorized representative . (Ord . 12g §4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 . 38- 17 . 02) . 25 . 68. 590 Land division signs . Signs advertising land subdivisions shall be limited to: A. One double faced sign per frontage not to exceed forty square feet per face or two single-faced signs , forty square feet per face per frontage; B. Two fifteen square foot on-site directional signs per street frontage shall be permitted; the signs shall di- rect persons to the subdivision entrance; C. The signs shall be nonilluminated. (Ord. 272 (part) , 1981: Ord. 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975 : Exhibit A S25. 38-17 . 03) . 25 .68 . 600 Lease potential signs . One sign advertising lease potential for future development, not to exceed twelve square feet in area, fifteen feet from any property line , shall be permitted for a single parcel multiple unit develop- ment. However, such a sign shall not he erected until design review board approval is received for the proposed project, and all such signs shall be removed before a notice of com- pletion is issued for the building or upon expiration of the design review board process approval . These signs shall face the street and shall not be illuminated. (Ord. 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1g75 : Exhibit A S25 .38-17 . 04) . 430 (Palm Desert 7/82) 25 . 68 . 610--25 . 68 . 620 25 . 68 . 610 Signs on awnings , etc . Painted , nonillumi- nated or indirectly lighted signs may be permitted on the borders of marquees , canopies , awnings , arcades , or similar structures or attachments if located and erected in a manner satisfactory to the director of enviornmental services or his authorized representative . Such signs shall he included in the total authorized sign area . Externally lighted signs shall be permitted on the upper or lower surface of fixed marquees and similar structures , the front face of which hich faces the puhlic right-of-way; pro- vided, that the outer dimensions of such signs shall not exceed sixteen inches in height; and provided further , that each letter or image on such a sign does not exceed twelve inches in height. The location and design of such signs must be approved by the director of environmental services or his authorized representative . Such signs shall be included in the total authorized sign area. (Ord . 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975 : Exhibit A S25 . 38-17 . 05) . 25 . 68. 615 Open summer signs . Between June 1st and October 1st, restaurants , retail and personal service busi- nesses within the commercial zone may display a sign in addi- tion to a main sign , not to exceed five square feet, indicat- ing if they will remain open during the summer. The design and location of the sign shall be compatible with other signs on the building and must be approved by the department of environmental services . (Ord. 272 (part) , 1981) . 25 .68 . 620 Political sign regulations . Applicants for political signs , as defined in Section 25 .68 .020 , shall com- ply with the following requirements : A. The applicant shall post a one-hundred-dollar cash bond with the city to guarantee removal of the political signs . B . Each sign shall not exceed five square feet in area . C . The signs shall not be located closer together than five hundred feet. D . No political signs shall be allowed in any resi- dential zone . E . Such signs shall not be nailed to trees , fence posts , or affixed to public utility poles and shall not be located in the public right-of-way . F . All political signs shall be removed within ten days after the election date or the bond posted shall be forfeited and the city shall use whatever part of the bond money as is necessary for removal . Any amount of the bond remaining shall be refunded upon request made within ninety days after the election. No political signs will be posted earlier than forty-five days prior to an election. 431 (Palm Desert 7/82 ) 25 . 68 . 630 G. The one-hundred-dollar bond requirements in this section shall also apply to signs located at campaign or party headquarters . H. No fee or permit shall be required for the right to erect political signs but the applicant, or his agent , shall file with the director of environmental services a map or sketch, or otherwise adequately locate where the signs will be erected. I . The city shall establish a separate account to be entitled political sign removal, for the ur ose of holdin g P and accounting for the cash bond requirements of this section. Moneys from this account will be used to remove signs illegally posted. Any surplus moneys from this account may be used to remove signs posted without a bond . J. No signs shall be permitted on trucks , automobiles , trailers , or any other movable vehicles except for bumper stickers or other equivalent stickers not exceeding five inches by twenty inches in size . (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1q75 : Exhibit A S25 .38-17 .06) . 25 .68 .630 Signs for public or quasi-public uses . Di- rectional and public convenience signs for public and quasi- public uses maybe permitted p fitted on public property. The design P p y must conform to standard. directional sign specifications promulgated by the director of environmental services and approved by the design review hoard . The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the director of environmental services . (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 .38-17 .07) . 431-1 (Palm Desert 9/83) 25 . 68 . 640--25 . 68 . 670 XI . ENFORCEMENT AND AMORTIZATION 0 25 . 68 . 640 Lawful nonconforming signs. A. Lawful exist- ing on-premises signs at the time of the adoption of the ordi- nance codified in this chapter on February 24 , 1977 , which do not comply with the requirements of this chapter, as amended, shall be deemed lawful nonconforming uses and shall be made to comply, be removed or demolished upon the transfer of ownership of the business or upon the altering of sign , copy , size , color or the addition of new signage to the site or structure upon which the nonconforming sign is located. B. Nonconforming signs may not be expanded, extended , rebuilt, altered or reconstructed in any way, except for normal maintenance or to protect public safety. C. It shall be the express responsibility of the vendor to advise the vendee of the provisions of this section relat- ing to the removal of nonconforming signs upon the transfer of ownership of a business. (Ord. 310 (part) , 1982) . 25 . 68 . 650 Lawful nonconforming signs to be removed. Any nonconforming signs shall be demolished, removed or made to conform within thirty days of the issuance of a valid sign permit. Prior to the issuance of a sign permit 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 to twenty-five thousand dollars to guarantee that the nonconform- ing sign (s) shall be demolished, removed or made to conform within the specified time. (Ord. 310 (part) , 1982) . 25 . 68 . 660 Lawful nonconforming status not to apply to offsite signs , i.e. billboards. Nothing contained in this chapter shall be construed to imply or confer a lawful non- conforming use status to any offsite sign or advertising device , designed or used for periodically changing advertis- ing copy (i.e. billboard) . (Ord. 310 (part) , 1982) . 25 . 68 . 670 Removal and amortization period. Any sign and outdoor advertising structure or sign which is noncon- forming to the requirements of this chapter , either by variance previously granted or by conformance to the existing 432 (Palm Desert 9/83) i . 68 . 680--25 . 68 . 690 sign regulations at the time the initial permit for the sign was issued, shall either be removed or brought up to code requirements within the period of time prescribed in this chapter. This amortization program shall not become effective until one year after February 24 , 1977 . (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 . 38-18 . 04) . 25 .68 . 680 Amortization schedule I . The following schedule shall be utilized for signs that are determined to have only minor nonconforming elements . The application of this schedule is limited to any one parcel of land which has signs that do not conform to one or more of the categories in Schedule I and must be abated or modified under Schedule I . If any portion of all of the nonconforming elements meets the classifications in Schedule II , it shall be the ruling schedule even though some element or elements would also meet Schedule I . AMORTIZATION SCHEDULE I Period for Removal Nonconforming Section or Modification 25 .68 . 080 (B) Directional or safety signs Life of the sign 25 . 68 .450 Signs facing private property prohibited Life of the sign 25 .68 . 460 Required information on signs Life of the sign 25 .68 . 480 Number of colors allowed Life of the sign 25 .68 . 490 Glare from signs One year 25 .68 . 500 Location of right-angle signs Life of the sign Sign is closer than ten feet to the sign of another business Life of the sign More than one main sign exists but the maximum sign area entitlement is not exceeded Life of the sign. (Ord. 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 . 38-18 .05) . 25 .68 .690 Amortization schedule II . All signs that are nonconforming as to the requirements of the following sections shall be abated forthwith by schedule II : Section 25 .68 . 090 (A) Rotating, moving , flashing , changing, reflecting, or blinking signs Section 25 . 68 . 090 (B) Signs on public property or right-of- way 433 25 . 68 . 690 Section 25 .68 . 090 (C) Signs not advertising the use , name of owner, products , or services available on the premises Section 25 . 68 .090 (D) Temporary or portable freestanding signs . Section 25 .68 . 090 (G) Combination signs Section 25 . 68 . 090 (H) Roof signs Section 25 .68 . 180 Signs in residential zones other than single-family through Section 25 .68 . 240 Double frontage lots inclusive Section 25 .68 . 260 Signs in commercial and industrial zones through Section 25 .68 . 410 Signs in RM zones--sign area . inclusive The intent of Amortization Schedule II is to cause abate- ment or modification of all nonconforming signs which have major nonconforming elements as specified by the sections described in the schedule. In order to utilize the Abate- ment Schedule II set forth in this section, the owner of record , or his agent, shall make available the market value , as of January 1 , 1977, of any sign or signs which have been deemed nonconforming by the provisions of these regulations within the Schedule II categories . The market value of nonconforming signs shall be based on the original cost, including cost of installation, of the sign less ten percent of the original cost per year for each year the sign has been standing prior to the effective date of these regulations . The date of erection of any nonconforming sign comply- ing to Schedule II shall be established by the presentation by the owner of record of the sign, or his agent, of a certi- fied copy of the corresponding building permit on file in the department of building and safety of either the city or the county . Any sign erected without the issuance of a valid building permit is deemed an illegal sign and shall be removed immediately after the effective date of this amor- tization program, which is one year after February 24 , 1977 . All required documentation concerning the market value and erection date of any nonconforming sign shall be pre- sented to the director of environmental services within fifteen days of reception of the notice of nonconformance . The director of environmental services shall determine to his satisfaction the validity of all presented documentation . Any decision of the director of environmental services may be appealed in accordance with Section 25 .68 .710 . 434 5 . 68 . 700--25 . 68 . 710 ABATEMENT SCHEDULE Period fo r or Removal Adjusted Market Value of Sign or Modification $10 . 00 or less Immediately $10 . 01 to $1 , 000 . 00 One year $1, 000 . 01 to $2 , 500 .00 Two years $2 , 500 . 01 to $5 ,000 . 00 Three years $5, 000 . 01 to $10 , 000 . 00 . 00 Four years Over $10 , 000 . 00 Five years . (Ord . 129 Sl (part) , 1977 : Ord . 98 §1 (part) , 1975 : Exhibit A §25 . 38-18 . 06) . 25 . 68 . 700 Removal of nonconforming signs . Any sign that is in noncompliance with the regulations of this chapter shall be removed prior to or upon the date designated g for removal in the abatement schedule set out in Section 25 .68 . 700. If the owner of, or the persons responsible for, the sign fails to remove the nonconforming sign within ten days fol- lowing notification, such nonaction may be corrected at the option of the city council as a violation of this chapter, or the council may select to pursue the following procedures : A. The director of environmental services , after proper notification, may cause the removal of any nonconforming sign and shall , at his discretion, charge the costs incurred against any of the following, each of whom shall be jointly and severally liable for the charges ; provided, however , that any decision or determination of the director of environmental services may be appealed in accordance with Section 25 .68 . 710 : 1. The permittee ; 2 . The owner of the sign; 3 . The owner of the premises on which the sign is located; 4 . The occupant of the premises on which the sign is located. B . A sign removed by the city shall be held not less than thirty days by the city during which time it may be recovered by the owner upon payment to the city for costs or removal and storage . If not recovered prior to expiration of the thirty-day period, the sign and supporting structures shall be declared abandoned and title thereto shall vest in the city and the cost of removal shall be billed to the owner. (Ord . 129 §4 (part) , 1977 : Ord . 98 §1 (part) , 1975 : Exhibit A §25 . 38-18 .07) . 25 . 68 . 710 Ad hoc sign amortization committee . A. Within ninety days of the effective date of this amorti- zation program, which is one year after February 24 , 1977 , the city council shall , by resolution, establish an ad hoc 435 r 25 . 68 . 720 sign amortization committee. The committee shall establish the appropriate market value or amortization period for any legal nonconforming sign which is presented by the owner of the sign. B . The committee shall consist of five members with at least three of the members from the business community ap- pointed - pointed by the city council . C . The committee shall exist for a six-month period after its establishment. D . An owner of a sign who objects to the proposed amor- tization period , or established market value, for his sign may request a reevaluation by the sign amortization committee . Such a procedure shall be initiated by the filing of a re- quest for reevaluation with the director of environmental services who shall call a meeting of the committee to make a judgment. Upon notification by the city of the existence of a nonconforming sign and the city ' s estimated amortization period established by the utilization of the schedules , the owner of the sign may appeal the established time period to the ad hoc amortization committee . If the appeal includes a request based upon an existing lease , the appeal shall be accompanied by a notorized copy of the signed maintenance lease in effect on January 1 , 1976 . E. The amortization committee shall establish the amortization period for any sign submitted to them based upon the following : 1. Permit value of the sign at the time of original construction; 2 . Special circumstances applicable to the sign such as its being an integral construction element of the building, whose removal should require a major modification of the structure; or if the nonconforming character of the sign is determined by the board 'to be so minor as to create an undue hardship. F . The board may affirm the established amortization period or establish a new amortization period for a sign under consideration. However, no extended amortization period shall exceed one year or double the original allotted time. G. The city council shall confirm or deny and refer back to the committee for reconsideration, all findings of the amortization committee within thirty days after their decision. (Ord . 129 §4 (part) , 1977 : Ord . 98 §l (part) , 1975 : Exhibit A §25 . 38-18 . 08) . 25 . 68 . 720 Planning commission criteria. Whenever the criteria are uncertain as to the ambiguity of the provisions , the applicant shall be referred to the planning commission for determination. The planning commission shall then autho- rize the sign criteria which best fulfill the intent of this 436 (Palm Desert 8/15/78) r 25 . 68 . 730--25 . 68 . 760 chapter. (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 . 38-18 . 09) . 25 .68 . 730 Exceptions process . The planning commis- sion may approve exceptions relative to size, number, and location of signs after a public hearing in instances where an applicant is faced with exceptional circumstances because of type or location of business , or is trying to achieve a special design effect. The applicant must show that : A. The sign will be integrated into the architecture of the building; and B . The sign will not be detrimental to neighboring businesses or the community in general . The approval of exceptions shall be consistent with the provisions of Section 25 .78 . 010 . (Ord . 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975 : Exhibit A S25 .38-19) . 25 .68 . 740 Discontinuance of a business . Within ninety days of the discontinuance of a business in any commercial or industrial zone or before a new business occupies the building, whichever comes first, the sign owner, his agent, or the property owner shall remove all nonconforming signs and the wording advertising or relating to the discontinued business from all conforming signs . (Ord . 129 S4 (part) , 1977 : Ord. 98 Sl (part) , 1975 : Exhibit A S25 .38-20) . 25 . 68 .750 Nonconforming signs maintenance . Except for normal repair or maintenance not exceeding fifty percent of the value of the sign, no sign in existence upon the adoption of the ordinance codified in this chapter shall be modified, altered, moved or replaced, unless it is made to comply with the provisions of this chapter. (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 .38-21) . 25 .68 . 760 Penalties . Any person, firm, or corporation wilfully violating any of the provisions of this chapter shall be subject to the provisions of Section 1 .12 . 020 of this code, as amended from time to time . (Ord . 129 S4 (part) , 1977 : Ord . 98 Sl (part) , 1975 : Exhibit A S25 .38-22) . Chapter 25 . 70 ARCHITECTURAL COMMISSION GOALS/POLICIES/PROCEDURES* Sections : 25 . 70 . 010 Architectural commission established. 25. 70 . 020 Membership. * Prior ordinance history : Ords . 99 , 199 , and 210 . 437 (Palm Desert 9/83) CITY OF PALM DESERT DEPARTMENT NT OF OCNIAJNITY DEVELOPMENT STAFF al ow TO: Planning Commission DATE: September 5, 1989 CASE NO: ZOA 89-1 REQUEST: Approval of amendments to the sign ordinance, Section 68, as it applies to signs and awnings. APPLICANT: City of Palm Desert I. BACKGROUND: Early in 1989 city council created a subcommittee comprised of two architectural carmissicn members and two city council members. This subcommittee met several times and proposed a series of wide ranging amendments. April 18, 1989 staff presented a report to commission outlining proposed changes to the sign ordinance. At that time the Chamber of Commerce requested a continuance to allow it to review the matter with members. The chamber submitted its report and met with the subccmnitteo. Some areas of agreement were found and some areas of disagreement. In addition, the city attorney's office has submitted a report outlining the legal impacts the proposed amendments would create. This report will attempt to explain the position of each of the parties (i.e. council subcommittee, staff, chamber, city attorney). II. GENERALIG» S i'F RY: Prior to delineating the specific changes it may be helpful to understand the basic positions of the various groups. A. CITY COUNCIL SUBCOMMITTEE: Sane members of the city council had expressed disappointment with some of the recently approved signs in the city. Discussions between council members and the architectural commission members ensued with the determination that the offending signs were not prohibited and, therefore, ARC had no alternative other than to approve them. The result was the creation of the subcammittee. The subcommittee established a wide ranging list of proposed changes. Some of the more substantial proposed changes were: STAFF REPORT ZOA 89-1 SEPTE BER 5, 1989 1. Elimination of any future mansard mounted signs. 2. Reduce overall height of freestanding signs fiuu 10 feet to 6 feet. 3. Future freestanding signs to provide only the identification of center identification or a single business on its own separate property. The intent being to eliminate the menus identifying all the businesses in a center or three or four center businesses. 4. Limit signs and sign programs to no more than three colors which minimize excessive contrast. 5. Reduce light intensity to maximum 430 milliamps versus the typical 800 milliamps. 6. Restrict awnings and signs thereon. 7. Limit lottery signs. 8. Limit or prohibit the use of exposed neon. B. STAFF: During the subcommittee discussions staff suggested sane technical changes to definitions and other minor changes. C. CITY ATTORNEY: The city attorney wants the city council/planning commission to know that to the extent that amendments require the alteration or abatement of existing legal signs, state law requires the city to pay the owners the present cost of the sign. Also, if the amendments effect existing signs, the city is required to provide for an inventory, identification and abatement of pre-existing illegal or abandoned signs. Staff's intent was to write the amendments so as to be prospective (i.e. applying only to new sign requests in the future). Changes to any existing signs would have to conform to the new regulations and the provisions of Section 25.68.640 would continue to apply to lawful nonconforming signs. The city attorney also indicated that sane of the changers could be enacted by policy changes of the ARC. Where possible staff will attempt to use this method in order to limit the number of changes. C. BUSINESS CCt44JNITY SIGN TASK FORCE: The task force submitted a 21 page report in response to the proposed amendments outlined in the April 18, 1989 report. 2 • STAFF REPORT ZOA 89--1 SEPTEM3ER 5, 1989 Some of the changes proposed by the task force were: 1. Addition of several "definitions" as provided by the sign industry to make the city's definitions consistent with those used in other cities and the sign industry. 2. Suggest increase in ARC membership fruit six to seven. 3. ARC membership to include personnel experienced with color coordination, design signage and visual merchandising, architects, and a business/ccmiunity representative. 4. Abate illegal signs under provisions of State Code Section 5497. 5. Retain the existing limits on freestanding signs (i.e. ten feet high and allow multiple businesses to be identified). 6. Retain current language controlling the number of colors in signs and sign programs. 7. Increase size of trade construction signs to maximum of 64 square feet. 8. Prefer not to establish specific guidelines for awnings but rather review each through ARC on individual basis on own merits. 9. Provide new, more specific language for sign maintenance. 10. Continue to allow neon signs reviewed on a sign by sign basis by ARC. III. SPECIFIC PROPOSED CHANGES: Staff and the subcommittee had suggested the following definition changes: SECTION 25.68.020. J. "Freestanding sign" means a sign supported by up-right pedestals or braces placed upon or into the ground and detached fran any building. T. "Roof sign" means a sign affixed on, above, or over the roof of any building, or any sign affixed to the wall of a building so that it projects above the eave line of a roof. The-tep-of--a--parapet-wa shall-be--e siderecl-the- ,=e line. The lowest point of a mansard style roof shall be considered the eave line. Where-a-parapet-well ie-e fined-w-i#4r-ee-mansard-reef- --the-- -line-shalI-be -the-- of the-pal'apet. X. "Wall sign" 'means a sign attached to or erected on the exterior wall of the building or structure or on a canopy marquee or similar overhang with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall and not extending above the eave line. The-tep--of--a-parapet-we-14-steal-l--be-eens dercd #fie 3 STAFF REPORT ZOA 89-1 S3ER 5, 1989 eave-lne. The lowest part of a mansard-style roof shall be considered the eave line. WHere-a-parepet i'el-1---is-ee-riibined-w-ithr e manna -ree€--the- 1-ie--sha}l-be-tie- r4f-- fie- epet. (Ord. 129 S5 (part), 1977: Ord. 98 S1 (part), 1975: Exhibit A S25.38.225. ) The goal of the subcamiittee being to clarify a "freestanding sign" and to delete "mansard" or "parapet" mounted signs from permitted signs. The chamber task force suggested a series of definition changes as follows: SIGNS: Means any structure, housing, sign, device, figure, statuary, painting, display, message placard, or contrivance, or any part thereof, which is intended or used to advertise, or provide data or information in the nature of advertising, for any of the following purposes: 1. To designate, identify, or indicate the name of business of the owner or occupant of the premises upon which the advertising display is located. 2. To advertise the business conducted, services rendered, or goods produced, sold, or available for sale upon the property upon which the advertising display has boon lawfully erected. (State Law). FREESTANDING SIGN: Any sign erected and mounted directly to the ground and not attached in any manner to a building. These signs are mounted on or attached to one or more uprights, i.e. pole sign, detached sign, pylon sign or ground sign. All such signs must have air space i.mnediately below the sign face and the ground. See Nbnument Sign. M1Lt1ENr SIGN: Any freestanding sign that is mounted directly upon the ground and that has a solid base which contains no air space between the sign face and the ground. ROOF SIQJ: Any sign erected upon, over or directly above the roof and roof line or above the parapet of a building so as to change the original building silhouette. 4 STAFF REPORT ZOA 89-1 SEPTEMBER 5, 1989 WALL SIGN: A sign erected upon or attached in any manner to an exterior wall or building elevation that is on a plane approximately parallel to the plan of the exterior wall or building elevation and that does rot extend above the iwf line or parapet. MANSARD ROOF: An architectural appendage attached to a building with a sloped decorative roof element attached to the face of a building. MANSARD SIQ1: Signs affixed to a mansard roof and are considered wall signs. ABANDONED SIGN: Sec State Law B & P Code Chapter 2.5 Section 5490 (f) and Chapter 2.6 Section 5499.1 (2). ILLEGAL SIGN: See State B & P Code Chapter 2.5 Section 5497, Section (a) through (i) and Chapter 2.6 Section 5499.1 (a). ILLEGAL NCNCCUFORMING SIGN: Any sign that was legally erected under an existing code but does rot meet the criteria of any subsequent sign code. These signs are deemed legal by State Law and may not be required to conform or be abated or amortized out of existence provided they are maintained. B & P Code Chapter 2. 5 Sections 5491, 5491.1, 5491.2, 5492, 5493, 5494. ILLUMINNTED ARCHITECTURAL CANOPY SIGN: An internally illuminated canopy that contains identification or advertising copy. Copy area is only that area that contains copy and shall be considered a wall sign provided that the structure is attached to the exterior wall of a building with the exposed face in a plane approximately parallel to the plane of the exterior wall. Staff is uncomfortable with the idea of changing basic definitions such as "sign" because it could lead to internal inconsistencies which are not apparent at first blush (i.e. the present exception for signs more than 5 STAFF REPORT ZOA 89-1 SEPTE BER 5, 1989 three feet inside a store window would be deleted and any window display may be construed as a sign and require ARC approval). In addition, the definitions as proposed by the chamber task force would permit mansard and parapet signs which were intended to be prohibited. Section 25.68.030 Sign Permit Procedure presently details the submittal requirements in eight subsections with the eighth being a "catch-all" but the subcommittee felt that a ninth would be added specifically requiring a signed statement from the property owner or his representative. I. That the applicant provide a signed statement froth the property owner or his authorized representative that he has reviewed the proposal and approves of same prior to each submittal to the city. The chamber task force responded with two other proposed inclusions: A. A set of parameters or guidelines for small businesses should be established so the business can receive approval for signage without going through the full sign approval process. "Keeping it simple" could help the approval process efficiency level for up to potential 80% of all applicants. B. When it is deemed necessary, the architectural review commission needs to be utilized. The task force recommends ARC membership include personnel experienced with color coordination, design signage and visual merchandising, architects and a business-community representative. The ARC size should be increased to seven (7) members. These are two reasonable suggestions, however, they may be inserted in the code where they are more app opriate. With respect to the first suggestion the existing sign ordinance Section 25.70.070 'B' Exemptions provides: B. Exemptions: When, in the opinion of the director of environmental services, the approval of an application for a minor or insignificant permit dne_s not defeat the purposes and objects of this chapter, he may grant the permit without submitting the matter to the architectural commission for its approval, notwithstanding any other provisions of this section or this chapter. In addition the director of environmental services shall be authorized to issue sign permit approvals for signs having a value of less than one thousand five hundred dollars. The decision of the director of community 6 • STAFF REPORT MA 89-1 SEP TEMBER 5, 1989 development shall be subject to appeal made to the architectural commission. (Ord. 326 (part), 1983). This section was amended in 1983 and increased the value of signs which the department could approve frau $1,000 to $1,500. In order to provide internal consistency in the zoning ordinance this change should also be inserted into Section 25.68.030. It is felt that this provision has been liberally construed by the department and in fact through August 21, 1989 the department had processed a total of 68 signs in 1989 of which 39 or 58% were approved by staff. Of the remaining 42% many were in excess of $1,500 and hence had to be reviewed by the ARC. The rest were of such design that staff was rot comfortable approving them over the counter. Section 25.70.020 Membership prescribes that the ARC shall have five members plus one or more alternates. Three of the members are to be architects (i.e. architects or landscape architects) . The remaining members are typically community members. The chamber task force suggested that the membership be expanded to seven (7) and that it include members experienced with color coordination, design signage and visual merchandising, architects and a business- ccsmiunity representative. Staff would prefer to retain the existing basic five member makeup of the ARC and an alternate. The three non-architect members could include people who possess the talents described by the chamber task force. Staff proposes to amend 25.70.020 Membership by inserting the wards "The non-architect members shall include persons experienced with color coordination, signage design and visual merchandising" into the section. Section 25.68.100 Abatement of illegal signs. The subcommittee wished to change the responsibility for enforcing this section from the environmental services director (now director of community development) to the director of code compliance. The chamber task force recce-trends that this section be replaced with Section 5497 of the state code. As the city attorney notes, staff's intended change could be implemented by an interdepartmental agreement without amending the section. This will be done. 7 STAFF REPORT ZOA 89-1 SEP E BER 5, 1989 Section 25.68.120 Permitted signs - purpose. The proposed change was to insert the words "with the goal being to minimize visual pollution, the lisp of the lighting and e)messive contrasting colors". The subcommittee and chamber task force agreed with this clarification. Section 25.68.230 Freestanding signs (In "other residential sections"). The proposed change was to reduce the permitted height for freestanding signs in residential areas other than single family areas from ten feet to six feet. The chamber task force felt that ten feet should remain, however, during the discussion between the two groups common ground was found with language reading: 25.68.230 Freestanding signs. Except for otherwise specified height limitations, freestanding signs shall not be located on the public right-of-way and shall not exceed ten six feet in height er-the--ieight-o -t ie-addaeent-budadning- i:ehever=is less unless topographic or other physical features exist necessitating a higher sign but in no event shall the total sign structure height exceed ten feet from the ground. (Ord. 129 S4(part), 1977: Ord. 98 Si(part), 1975: Exhibit A S25.38-11.05. ) Presently, Freestanding signs in commercial areas are covered under two sections: 310 and 390. Section 310 basically deals with the general commercial zone while Section 390 deals with larger parcels of land (i.e. : district and regional centers PC zone and industrial parks). The subcommittee felt that the two sections should be replaced with a consolidated section using same of the restrictions from each. The goal of this new section on freestanding signs was to provide center • identification only, or individual business identification in the case of individual businesses on its own separate property. In the case of center identification signs general types of tenants may be described but no specific tenant names may be used. The new Section 25.68.310 Freestanding signs will read: A. A building, commercial complex, shopping center or other commercial or industrial developments housing more than one (1) tenant and having frontage on a public street shall be entitled to one freestanding sign on each street frontage to identify the building, 8 STAFF REPORT ZOA 89-1 SR 5, 1989 carmercial/industrial complex, or shopping center. The area of such sign(s) to be determined as follows: 1. Freestanding signs for buildings, commercial complexes, shopping centers and other commercial/industrial developments located on less than five acres of property shall not exceed one-half the total allowable signage of the front of the building and shall be subtracted therefi(.. n and in no event exceed fifty (50) square feet and---e--he ht-of---six-46)- .eet. Maximum height of these signs shall be six (6) feet unless topographic or other physical features exist necessitating a higher sign but in no event shall total sign structure height exceed ten (10) feet from the ground. 2. Freestanding signs for buildings, commercial telexes, shopping centers and other commercial industrial developments housing more than one tenant located on five acres of land or more shall be allowed one identification sign on each right-of-way with an allowable sign area based on a ratio of ten square feet per acre to a maxi.rrnnn of 100 square feet. Maximum height of these signs shall be six feet unless topographic or other physical features exist necessitating a higher sign but in no event shall the total sign structure height exceed ten feet fran the ground. B. Individual businesses located on their own individual property, having frontage on a public street and individual (unshared) access fain said public street shall be entitled to a freestanding sign subject to the area and height limits delineated in part 1 and 2 of subsection "A" above, as may be applicable based on the area of the site. C. When approving any freestanding sign the architectural review commission shall affirmatively make the finding that said approval shall visually enhance the aesthetic quality of the property on which the sign is to be located. D. All detached freestanding signs shall be placed within a permanently landscaped area of not less than twenty-four square feet, and be architecturally compatible with the building or complex and not encroach in the public right-of-way. The chamber task force first recommended that the current language in Section 310 and 390 be retained, but this was before the compromise language was worked out. 9 STAFF REPORT ZOA 89-i SEPTEMBER 5, 1989 Similar changes will be made in Section 390 to make it consistent with 310. Section 25.68.480 Sign colors. The subcommittee proposed to change the existing code section to limit colors in a sign or sign program to not more than three colors which will minimize excessive contrast. The present code controlling colors reads, "The number and type of colors used shall be as approved by the architectural commission. " The chamber task force reca mended the current language be retained. Staff concurs with the language of the council subcommittee and will include an amendment to this effect in the draft ordinance. Section 25.68.490 Glare fruit signs presently reads: Section 25.68.490 Glare from signs. A11 illuminated signs in all zones shall be designed in such a manner as to avoid undue glare or reflection of light on private property in the surrounding area; in no event shall any sign exceed ten candlepower at ten feet from the face of the sign. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-16.08). In order to better conLuol the illumination level it is proposed that all internally illuminated signs be limited to a maximum 430 milliamps, ballast and lamps, whereas 800 maximum is the typical industry standard. This change was suggested by the sign industry members. This standard would not impact on neon signs. 25.68.520 Maximum sign area limitation. Unless otherwise authorized by this section, regardle s of the zone where located, no sign shall exceed the maximum area necessary to identify the use. (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A S25.38-16.11. ) The subcommittee recommended that this be deleted. The chamber task force agreed. Section 25.68.350 Special event signs and Section 25.68.540 Special permits have become co-mingled and their purposes confusing. 10 STAFF REPORT ZOA 89-1 SEPTEMBER 5, 1989 Section 25.68.350 presently reads: 25.68.350 Special event signs. With the approval of the director of environmental services, a business may erect one temporary sign, mounted on a wall facia or freestanding, advertising special events, promotions or sales. The director may approve up to 30 square feet of sign area depending upon the type of event, building design and right-of-way frontage for a period rot to exceed 30 days per year. When improperly used, special event signs constitute a public nuisance and n be abated. "Special event signs for periods in excess of 30 days may only be permitted pursuant to a resolution of the city council granting such approval which shall specify the period during which the sign may be displayed." The director has generally only approved "Grand Opening Signs" under this section. The subu ttee felt that "Going out of business" signs could also be approved by the director. In addition the subcarmittco felt that these banners must be compatible and harmonious with the color of the building and adjacent buildings. The "going out of business" signs portion of this can be accomplished through a policy directive of the city council. The requirement for compatibility and harmonious design will be inserted into the first paragraph before the last sentence. The chamber task force agreed that the director should approve "going out of business" signs and suggested that "Grand opening" signs be for 30 days and "going out of business" signsbe for 60 days. Ys• This request by the task force was based on incomplete information and it is felt that the existing language allowing city council to grant time extensions should mitigate the task force concerns. Section 25.68.540 presently reads: 25.68.540 Special permits. Nothing contained in this chapter shall prevent the city council from granting a temporary special permit or otherwise permitting on such terms as it .a c proper, signs or the like advertising or pertaining to any 11 STAFF REPORT WA 89-1 SEP EMBER 5, 1989 civic, patriotic, or special event of general public interest taking place within the boundaries of the city when it can be found that same will not be materially detrimental to the public welfare, interest, or safety, nor injurious to adjacent property or improvements. Grand opening signs may be approved by the director of environmental services subject to appropriate conditions. (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A S25.38-16.13. ) The second paragraph of this section is inappropriate in this section and should be deleted. Section 25.68.570 Trade construction signs presently reads: Section 25.68.570 Trade construction signs. One unlit sign advertising the various construction trades shall be permitted on construction sites during the period that valid building permit approval exists. Such signs shall not exceed three square feet per twenty thousand square feet of land area with a maximum of thirty-two square feet in area and shall be removed before a notice of completion is issued for the building being constructed. No trade construction sign shall exceed eight feet in height. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-17. ) The subccmnittee agreed that this was overly restrictive and proposed increasing the size to 15 square feet but to limit the height to five feet. The idea was to install a wood framework/backboard on which each of the trades working on the site could install one of their signs (2 feet by 2 feet or 2 feet by 18 inches). The task force recommended there should be a 32 square foot minimum and a maximum of 64 square feet for the permitted trade construction sign on a site. The permitted height should be 12 feet. Staff is proposing 16 square foot minimum and 32 square foot maximum with the 5 foot height limit. 12 STAFF REPORT ZOA 89-1 SEP`IFM3ER 5, 1989 Section 25.68.610 Signs on awnings, etc. presently reads: 25.68.610 Signs on awnings, etc. Painted, non-illuminated or indirectly lighted signs may be permitted on the borders of marquees, canopies, awnings, arcades, or similar structures or attachments if located and erected in a manner satisfactory to the director of environmental services of his authorized representative. Such signs shall be included in the total authorized sign area. Externally lighted signs shall be permitted on the upper or lower surface of fixed marquees and similar structures, the front face of which faces the public right-of-way; provided, that the outer dimensions of such signs shall not exceed sixteen inches in height; and provided further, that each letter or image on such a sign does not exceed twelve inches in height. The location and design of such signs must be approved by the director of environmental services or his authorized representative. Such signs shall be included in the total authorized sign area. (OLd. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-17.05). Awnings were the catalyst which resulted in the subcommittee being formed. The subcommittee felt a more restrictive policy was needed and created the an interim policy (see copy attached). The task force responded to the interim policy in its July 11, 1989 memo (copy attached) but basically they felt that the interim policy due to its specific requirements and limits would hinder creativity. The interim policy has been in effect since April and has been working. The subcommittee felt that the specific nature of the proposed revisions was beneficial and would result in higher quality awning installations. It was agreed that subjection I of the interim policy would be changed from "prohibited" to "shall not be encouraged". Section 25.68.605 Lottery sins was proposed to be added, reading: Section 25.68.605 Lottery signs. Banners, window signs and wall signs promoting or advertising the California State Lottery must be reviewed and approved pursuant to this section. Lottery signs will 13 STAFF REPORT MA 89-1 SEP'IER 5, 1989 be included in the overall total sign area allocated to the business based on its frontage. The task force recommended that the second sentence be removed. It also recatmended that ". . .approved pursuant to this section" be replaced with . . .approval not to exceed State Lottery requirements." The city attorney has been working on the legal aspects of signs advertising the State Lottery and proposes: Section 25.68.606 is a new section to regulate bingo signs. The subcommittee propocod: Section 25.68.606 Bingo signs. A maximum three (3) square foot sign advertising an upcaning bingo event may be installed, without permit, no more than forty-eight (48) hours before the event and must be removed immediately following the event. The task force found this acceptable. Section 25.68.607 Lights outlining buildings/windows was proposed by the subccmnittee as fol laws: Section 25.68.607 Lights outlining buildings/windows. A. Flood lights and accent string lighting outlining the building exterior or perimeter and/or window areas must be integrated with the building architecture and as such must be reviewed and approved by the Architectural Review Commission. In no event shall blinking, rotating, flashing or twinkling lights be used. B. During the period fran Thanksgiving Day until New Years Day the above noted lights may be displayed without review and approval by the city. The task force found this acceptable. The subccmdttee had discussed the problem of maintenance of signs and awnings but felt that the existing code Section 68.25.470 could be utilized. 14 STAFF REPORT ZOA 89-1 SEPTEMBER 5, 1989 The chamber task force suggested that language provided by the Sign Users Council of California be utilized as shown on pages 19 and 20 of the chamber task force submittal attached hereto. Staff concurs with the language provided by the task force and will include same in the draft ordinance in place of the present section. NEON SIGNS: The subccnmittee seriously considered prohibiting all neon signs. The task force felt that it should not be prohibited but reviewed by the ARC on a case by case basis. The two groups agreed that if neon signs are to be allowed they must be an integral part of the building design with careful attention to color, intensity of light and utilization of soft tones. While it was not specifically determined that neon shall be permitted staff will prepare an addition to Section 25.68.440 Sign review criteria being subsection 'J' dealing specifically with neon signs. The subcommittee, in an effort to upgrade signs in certain sections and blocks of the city, felt that the redevelopment agency should be asked to fund a program which would establish a uniform sign program and cover the cost of manufacturing and installing the signs. The task force offered no comment on this proposal. This will not be part of the ordinance amendment but the council may choose to refer this to the redevelopment agency. The subcamuttee requested the city attorney to review the penalty section of the ordinance with a view to increasing same for persons installing a sign before obtaining approval or for installing signs different fran that approved. The city attorney in his report indicates that the present penalty section is flawed and that the courts would probably be reluctant to enforce it. The city attorney indicates that the ordinance my have a more effective preventative effect if Section 25.68.760 is amended to provide that violations of the section are misdemeanors punishable as provided for in Section 1.12.020. 15 STAFF REPORT ZOA 89-1 SEPTEMBER 5, 1989 IV. CONCLUSION: The process has been a long and involved one. While most issues have been discussed and resolved between the subcommittee and the chamber task force there are certain items on which agreement could not be reached. In these instances staff has provided the subcommittee position in the draft ordinance. The city attorney has also expressed concern that to the extent that the amendments require alteration or abatement of existing legal signs, state law requires the city to pay the owners that present cost of the sign. Also, if the amendments effect existing signs, the city is required to provide for an inventory, identification, and abatement of preexisting illegal or abandoned signs. To avoid the compensation, inventory and abatement problems two alternatives are suggested: 1. Provide that the amendments are prospective only; or 2. Supplement the proposed changes by adopting the changes as policies of the Architectural Review Commission, not as amendment to the ordinance. It is staff's intention that the proposed amendments will be prospective only (i.e. impacting future sign requests only) and thereby avoid the provisions of State Code Sections 5491 and 5491.1. V. RE ATION: That the planning commission recommend to city council approval of an ant to the sign ordinance. VI. ATTACHMENTS: A. Draft resolution. B. Present sign ordinance. C. Chamber task force report. D. City attorney's report. E. April 18, 1989 report. Prepared by f ' Reviewed and Approved by SRS/tm 16' • INTERIM POLICY FOR AWNINGS MARCH 1989 1. Not every building is entitled to an awning. The awning must be architecturally compatible with the building. 2. Awnings must be kept in good repair and be clean and non-faded. 3. No awnings allowed which are not substantially attached to buildings (i.e. no freestanding awnings). 4. Awning lettering, as well as style and colors, must aesthetically blend, with the building. 5. Eight inch (8") maximum letter height not to exceed one-third (1/3) of awning height. 6. Scalloping on bottom of awnings shall not be pronounced. 7. Awnings, where applicable, will contain street numbers four inches ) 4" in height. ( 8. Awnings will not contain phone numbers. 9. No straight drop type awnings shall be permitted (i.e. canvas signs). SRS/tm 1C P.6e,‘e ' 83 -CHAMBER OF COMMERCE 72-990 HIGHWAY 111 PALM DESERT. CALIFORNIA 92260 TELEPHONE. (619) 346-6111 July 11 , 1989 TO : Mr . Steve Smith , Associate Planner City of Palm Desert FROM : Daniel L . Ehrler RE : Sign Ordinance Task Force Specific Response to Section 25 .68 .610 - Signs on Awnings . . . Dear Steve : The Task Force recommends the following language be used in section 25 .68 .610 : In order to maximize the aesthetic potential of an individual business fascade , awnings on buildings should be reviewed on a case-by-case basis by the Arch- itectural Commission. (The creation of an ordinance with specific design parameters will minimize the creative lattitude that is so important when com- posing the various elements within a storefront fascade . ) Applicants with awning proposals will discuss the design with staff prior to submitting drawings for review. Staff will direct the applicant to review existing awnings on buildings that have been fav- orably or unfavorably received by City Hall and/or the community. (This review may assist the appli- cant in determining what general awning applications are most likely to be accepted . ) When drawings are submitted , the Architectural Commission should determine the appropriateness of the awning rela- tive to the base building color , materials and architectural features , as well as elements in the foreground and of adjacent buildings . This proposed language from the Task Force will complete our Report and Recommendations to the City of Palm Desert . If you have any questions , please call me at your convenience . ery s ' erely yours , Daniel L . Ehrler Executive Vice President • EL i E0 BUSINESS ASSOLATION P. O. Box 6000 Ste. 305 Palm Desert, CA 92261 EA" s J A.)R 1 1 1989 Dept of Community Development City of Palm Desert t)MMun,r �e.E., ,,,,_ti ;E;.:'YE>>' Sign Review Subcommittee Ct 7 oA`M Jf; April 10, 1989 RE: Proposed Sign Ordinance Awning Provisions Gentlemen: We thank you for the opportunity to review the proposed changes. Following are our recommendations and out support is given subject to acceptance of our recommendations in their entirety. Consider no comment on any proposed change to carry our support. 1. No provisions are made for logos and we assume that size color and placement will be considered on a case by case basis. 2. Color of awning should not be limited to those that "blend" with the building. Contrasting colors when properly chosen for tone and intensity create a tasteful statement while drawing attention to the business. We STRONGLY recommend one or more members of the Architectural Commission possess interior design or color scheme skills so decisions can be made concerning color, logo size, and awing design compatibility with the structure. 3. Twelve inch maximum letter height not to exceed one-third of awing height. 4. Straight drop awing if properly designed and tailored for a specific building can be both attractive and effective (i.e. Andrew Lawrence). See 2. above for design skills necessary on the Commission to make these decisions. 5. We encourage the use of street numbers on awing where building numbers are obscure. P1 a se i can be of further assistance. i rry M. rotbeck Chairman-El Paseo Bus. Assoc. .a4 . : .( v :.vv . . vL4 v vv r7 ' v' 0 vv . .v7v . :v". . . • 4- . MEMORANDUM TO: DJE FROM: RWH DATE: AUGUST 29, 1989 RE : PALM DESERT SIGN ORDINANCE OUR FILE NO. 72500 , 0330 Or 8/28/89 I talked with Leslie Burgermyer, legal counsel for the California State Lottery. She informed me that the Califonria State Lottery requires vendors to display the q P Y following signs on the outside of their business : A. Square Lottery decal . Si by 5} inches on the door. B. Name specific identification poster either 8} by 23 inches or 27 by 36 inches . C. Game specific poster - that identifies the current game, strongly encouraged but not absolutely required. 81 by 23 inches . D. Banner on the outside wall; any one of the following three: lotto banner 23 inches by 8 feet; scratcher banner 20 inches by9 or allgames banner 20 inches feet; c s by 9 feet. E. Either a free standing or pole mounted sign placed at outside of business; local codes can specify reasonable placement of this sign. Leslie would be happy to cooperate in the design or implementation of the ordinance. Her office would review any ro osed ordinance for problems.ob ems. She would also send anyado pted P P ordinance to the district sales manager so that he could include information regarding the Palm Desert ordinance in presentations to local vendors. RWH2/08/29/89/pam/1 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COM4ISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOWENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AM NEVENI' RELATING TO AWNINGS AND SIGNS. CASE NO. ZOA 89-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of April, 1989, hold a duly noticed public hearing which was continued to September 5, 1989, to consider amendment of zoning ordinance section 25.68 relating to signs and awnings; and WHEREAS, said amendment has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined the amendment to be a class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of a zoning ordinance text amendment: 1. The proposed amendment relating to awnings and signs are consistent with the intent of the zoning ordinance and protects the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings ngs of the commission in this case. 2. That it does hereby recommend approval of ZOA 89-1 as provided in the attached exhibit labeled Exhibit "A". PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of September, 1989, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RIC ARD ERWOOD, Chairman ATTEST: RAMON A. DIAZ, Secretary /tm 1 PLANNING CtMriISSION RESOLLTTION NO. EXHIBIT "A" SECTION 1: That Sections 25.68.020 'J' , 'T' and 'X' be and the same are hereby amended to read as follows: Section 25.68.020. J. "Freestanding sign" means a sign supported by up-right pedestals or braces placed upon or into the ground and detached from any building. T. "Roof sign" means a sign affixed on, above, or over the roof of any building, or any sign affixed to the wall of a building so that it projects above the eave line of a roof. 'The-tep-of--e--pa=r-ape -waii shall-be--c idered--the-cave-1-ine. The lowest point of a mansard style roof shall be considered the eave line. Where-a-parapet-wall is-cemb_ixed--ri-t--a-mansard-reof;-# -eeve--lime-shall-be--the.--tcp-of he-parapet. X. "Wall sign" means a sign attached to or erected on the exterior wall of the building or structure or on a canopy marquee or similar overhang with the exposed face of the sign in a plan approximately parallel to the plane of the exterior wall and not extending above the eave line. 'The-tap-of-a-parapet-wel3-sha1-l--be- idercd -the eave-1-ine. The lowest part of a mansard-style roof shall be considered the eave line. Where-e- apet wall is.-eembi-aed-with-e mansard-reef;-the-cave }-ice-shall-be-tfie-top--o-f--the--per. t. (Ord. 129 S5(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S2i.38.225. ) SECTION 2: That Section 25.68.030 be and the same is hereby amended to read as follows: 25.68.030 Sign permit procedure. It is unlawful for any person to erect, alter, or to permit the erection or alteration of a sign, including painted signs, unless otherwise excepted by this chapter, upon any property without first obtaining a written sign permit from the department of environmental services community development. Signs exceeding one-thousand-dollars one thousand five hundred dollars in value shall be reviewed through the desigft-reviev,7-43card architectural review commission process as specified in Chapter 25.70. Application for such permit shall be made on a form provided by the department of environmental-services community development and shall be accompanied by a fee as established by council resolution. The application shall set forth and contain the following information and material: 2 PLANNING COMMISSION RESOLiTrION NO. Three copies of a plan showing the following: A. The location and size of any building or structures on the property, in the cont,Lol of the applicant, both existing and pry; B. The location of off-street parking facilities, including major points of entry and exit for motor vehicles where directional signs may be proposed; C. The position of the proposed sign and its relation to adjacent buildings and structures under the cont.ul of the applicant. D. The design and size, colors proposed, and proposed location of the sign or sign structure on the property, under the cont.wul of the applicant; E. The method of attachment to any structure; F. A statement showing sizes and dimensions of all other signs existing on the property, under the conl,wvl of the applicant; G. A statement showing the size and color relationships of such sign or sign structure to the appearance and design of existing or proposed buildings and structures on the property; H. Such other information as the department of ervironmeftta} servicco community development may reasonably require to secure compliance with this chapter and the ordinances of the city. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A SS25.38-3--25.38-3.01. ) I. That the applicant provide a signed statement frau the property owner or his authorized representative that he has reviewed the proposal and approves of same prior to each submittal to the city. SECTION 3: That Section 25.70.020 dealing with architectural catmission membership be and the same is hereby amended to read as follows: 25.70.020 Membership. The architectural review commission ission shall consist of five members and one or more alternates appointed by the city council; three of them shall be architects, if available. The non-architect members shall include persons experienced with color coordination, signage design and visual merchandising. Any alternate member shall serve as a 3 • PLANNING CXM+IISSION RESOLUTION NO. voting member when any one of the five regular members is absent frau the meeting. (Ord. 452 S2(part), 1986: Ord. 326 (part), 1983. ) SECTION 4: That Section 25.68.120 Permitted signs - Purpose be and the same is hereby amended to read as follows: 25.68.120 Permitted signs--Purpose. No signs shall be erected or maintained in any zone as established by the zoning ordinance except those signs specifically enumerated in this chapter. The number and area of signs as outlined in this chapter are intended to be maximum standards which do not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, consideration shall be given to a sign's relationship to the overall appearance of the subject property, as well as the surrounding community with the goal being to minimize visual pollution, the use of lighting and excessive contrasting colors. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-9. ) SECTION 5: That Section 25.68.230 Freestanding signs be and the same is hereby amended to read as follows: 25.68.230 Freestanding signs. Except for otherwise specified height limitations, freestanding signs shall not be located on the public right-of-way and shall not exceed ten six feet in height er-the heigght-of--the- }j-aeet 1 whiehe --is-3ess unless tobaraphic or other physical features exist necessitating a higher sign but in no event shall the total sign structure height exceed ten feet from the ground. (Ord. 129 S4(part), 1977: Ord. 98 S1(part), 1975: Exhibit A S25.38-11.05. ) SECTION 6: That Section 25.68.310 Freestanding signs be and the same is hereby amended to read as follows: A. A building, commercial complex, shopping center or other commercial or industrial developments housing more than one (1) tenant and having frontage on a public street shall be entitled to one freestanding sign on each street frontage to identify the building, commercial/industrial complex, or shopping center. The area of such sign(s) to be determined as follows: 4 • PLANNING CCM MISSION RESOL PION NJ. 1. Freestanding signs for buildings, commercial complexes , shopping centers and other commercial/industrial developments located on less than five acres of property shall not ex ... one-half the total allowable signage of the front of the building and shall be subtracted therefzuu and in no event exceed fifty (50) square feet and-e-weight-e€ si -(-6}-€eet. Maximum height of these signs shall be six (6) feet unless topographic or other physical features exist rssitating_a higher sign but in no event shall total sign structure height exceed ten (10) feet from the ground. 2. Freestanding signs for buildings, commercial complexes, shopping centers and other commercial/ industrial developments housing more than one tenant located on five acres of land or more shall be allowed one identification sign on each right-of-way with an allowable sign area based on a ratio of ten square feet per acre to a maximum of 100 square feet. Maximi,ml height of these signs shall be six feet unless topographic or other physical features exist necessitating a higher sign but in no event shall the total sign structure height exceed ten feet fLun the ground. B. Individual businesses located on their own individual property, having fLuitage on a public street and individual (unshared) access from said public street shall be entitled to a freestanding sign subject to the area and height limits delineated in part 1 and 2 of subsection "A" above, as may be applicable based on the area of the site. C. When approving any freestanding sign the architectural review cannission shall affirmatively make the finding that said approval shall visually enhance the aesthetic quality of the property on which the sign is to be located. D. All detached freestanding signs shall be placed within a permanently landscaped area of not l - s than twenty-four square feet, and be architecturally compatible with the building or complex and not encroach in the public right-of-way. E. Notwithstanding the limit of one sign on each right-of-way when a shopping center or industrial park has street frontage on any one street in excess of 1600 feet then an additional sign shall be permitted subject to the signs being separated by a minimum distance of 400 feet. 5 PLANNING CL"M'LISSICN RESOLUPICN NO. In the case of centers in the regional commercial zone having over 700,000 square feet of gross leasable retail floor area, said center identification signs may contain the name of tenants and/or activities conducted within the center which operate during evening hours. SECTION 7: That part 'A' of Section 25.68.390 of the code of the City of Palm Desert be and the same is rescinded. SECI'ICN 8: That Section 25.68.480 Sign colors be and the same is hereby amended to read as follows: 25.68.480 Sign colors. Sign programs for commercial complexes, shopping centers, other commercial/industrial developments and individual businesses shall be limited to not more than three (3) colors which will minimize excessive contrast. SECPICNNI 9: That Section 25.68.490 Glare from signs be and the same is hereby amended to read as follows: 25.68.490 Glare from signs. All illuminated signs in all zones shall be designed in such a manner as to avoid undue glare or reflection of light on private property in the surrounding area; in no event shall any sign exceed ten candlepower at then feet from the face of the sign. Internally illuminated signs shall be limited to a maximum 430 milliamps, ballast and lamps. (Ord. 129 54(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-16.08. ) SECTION 10: That Section 25.68.520 Maximum sign area limitation is hereby rescinded. SECTION 11: That Section 25.68.350 Special event signs be and the same is hereby amended to read as follows: 25.68.350 Special event signs. With the approval of the director of e ironmental-serviees community development, a business may erect one temporary sign, mounted on a 6 PLANNING COMMISSION RESOLUTION N). wall facia or freestanding, advertising special events, promotions or sales. The director may approve up to 30 square feet of sign area depending upon the type of event, building design and right-of-way frontage for a period not to exceed 30 days per year. Signs approved under this section must be compatible and harmonious with the color of the building and adjacent buildings. When improperly used, special event signs constitute a public nuisance and may be abated. Special event signs for periods in excess of 30 days may only be permitted pursuant to a resolution of the city council granting such approval which shall specify the period during which the sign may be displayed. SECTIO 12: That Section 25.68.540 Special permits be and the same is hereby . amended to read as follows: 25.68.540 Special permits. Nothing contained in this chapter shall prevent the city council from granting a temporary special permit or otherwise permitting on such terms as it deems proper, signs or the like advertising or pertaining to any civic, patriotic, or special event of general public interest taking place within the boundaries of the city when it can be found that same will not be materially detrimental to the public welfare, interest, or safety, nor injurious to adjacent property or improvements. Grand-opening-signs--may-be-eppr ed-1 --te--th - er rromantal serv3ees--su jeet-t3-eppreprlete--eonrt_-ens. (Ord. 129 S4(part) 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-16.13. ) SECTION 13: That Section 25.68.570 Trade construction signs be and the same is hereby amended as follows: Section 25.68.570 Trade construction signs. One unlit sign advertising the various construction trades shall be permitted on construction sites during the period that valid building permit approval exists. Such signs shall not exceed sixteen square feet (16) per twenty thousand (20,000) square feet of land area with a maximum of thirty-two (32) square feet in area and shall be removed before a notice of completion is issued for the building being constructed. No trade construction sign shall exceed five (5) feet in height. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-17. ) 7 PLANNING COMMISSION RESOLUTION NO. SECTION 14: That Section 25.68.610 Signs on awnings, marquees, canopies, arcades or similar structures or attachments be and the same is hereby amended as follows: 25.68.610 Signs on awnings, marquees, canopies, arcades or similar structures or attachments. A. All awnings or awnings with a sign(s) must be reviewed and approved by the architectural review commission. The awning (sign) must be architecturally compatible with the building and as a result an awning may not be appropriate for every building. B. Pursuant to Section 25.68.470 "Proper maintenance of signs" awnings must be kept in good repair and be clean and non-faded. C. Awnings must be substantially attached to the main building structure. D. Awning lettering and numbers as well as style and colors must aesthetically blend with the building. E. Letter height shall not exceed one-third (1/3) of the awning height and in no event shall it exceed eight (8) inches. F. Scalloping on awnings shall not be pronounced. G. Where applicable, awnings shall contain street numbers four inches (4") in height with a letter style helvetica medium or equivalent. H. Awnings shall not contain phone numbers. I. Straight drop type awnings (i.e. canvas-vinyl signs) shall not be encouraged. SECTION 15: That Section 25.68.605 Lottery signs be added as follows: 25.68.605 Lottery signs. 8 Pik COMMISSION RESOLUTION NO. SECTION 16: That Section 25.38.606 Bingo signs be added as follows: Section 25.68.606 Bingo signs. A maximum three (3) square foot sign advertising an upcoming bingo event may be installed, without permit, no more than forty-eight (48) hours before the event and must be removed immediately following the event. SECTION 17: That Section 25.68.607 Lights outlining buildings/widows be added as follows: 25.68.607 Lights autl.inirx buildings/windows. A. Flood lights and accent string lighting outlining the building exterior or perimeter and/or window areas must be integrated with the building architecture and as such must be reviewed and approved by the architectural review commission. In no event shall blinking, rotating, flashing or twinkling lights be used. B. During the period faun Thanksgiving Day until New Years Day the above noted lights may be displayed without review and approval by the city. SECTION 18: That Section 25.68.470 Proper maintenance of signs be and the same is hereby amended as follows: 25.68.470 Proper maintenance of signs. 1. For the public health, safety and welfare, every on-premise sign shall be maintained in a safe, presentable and good structural material condition at all times, including the replacement of defective parts, wiring, ballast, painting, repainting, cleaning and other acts required for the maintenance of said sign whether done on site or in licensed contractor's place of business. If the sign is not made to comply with safety standards, the director of code compliance shall require its removal in accordance with this section. 2. Signs illuminated either internally or externally must be capable of being fully illuminated and legible, the face(s) intact (without holes or other exterior facial damage). Any illuminated sign not in accordance with these and other maintenance standards in this section shall be cited by the director of code compliance and must be brought into compliance with said standards or proof of a contract for repair and 9 PLANNING COMMISSION RESOLUTION NO. maintenance must be provided within 30 days or shall be subject to abatement as a public nuisance. Illuminated signs that, because of expired or damaged lighting elements, became non- , legible will be ordered to remain unlighted until repair. 3. In rise of abandoned signs, the identification, name and copy pertaining to the abandoned business must be removed and replaced with a blank panel or white space within 30 days of user vacancy. This does not apply to permanent, legal signage or legal non-conforming sign structures or sign cabinets. All notices of violation must be sent by the director of code compliance by certified mail. Any time periods provided in this section shall be deemed to commence on the day of the receipt of the certified mail. Any person having an interest in the sign or the property may appeal the citation ordering the removal of compliance by filing a written notice of appeal with the planning commission within 30 days after the date of mailing the notice, or 30 days after receipt of the notice was not mailed. 4. When it is determined by the city that said sign shall cal'ce imminent danger to the public safety, and contact cannot be made with a sign owner or building owner, no written notice shall have to be served. In this emergency situation, the city may correct the danger. The city shall cause to have removed any sign that endangers the public safety, such as an abandoned, materially dangerous electrically or structurally defective sign. Any sign removed by the city pursuant to the provision of this section shall became the property of the city and may be disposed of in any manner deemed appropriate by the city. The cost of the removal of any sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the city or by assessment against the property as hereinafter provided. The cost of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal. swi1ION 19: That Section 25.68.440 Sign review criteria be and the same is hereby amended as follows: 25.68.440 Sign review criteria. All signs which are regulated by this chapter shall be subject to the approval of the desk -review---boerd architectural review commission process. In approving or rejecting a particular sign permit, the reviewing body shall utilize the following review criteria: 10 PLANNING COMMISSION RESOLLTTION NJ. A. That the sign is necessary for the applicant's enjoyment of substantial trade and property rights; B. That the sign is consistent with the intent and purpose of this chapter and title; C. That the sign does not constitute a detriment to public health, safety, and welfare; D. That the size, shape, color, and placement of the sign is compatible with and bears a harmonious relationship to the neighborhood and other signs in the area; E. That the size, shape, color, and placement of the sign is compatible with and gears a harmonious relationship to the neighborhood and other signs in the area; F. That both the location of the proposed sign and the design of its visual elements ( lettering, words, figures, colors, decorative motifs, spacing, and proportions) are legible under normal viewing conditions prevailing where the sign is to be installed; G. That the location and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs. H. That the location and design of the proposed sign, its size, shape, illumination, and color are compatible with the visual characteristics of the surrounding area so as not to detract fru,u or cause depreciation of the value of adjacent developed properties; I. That the location and design of a proposed sign in close proximity to any residential district does not adversely affect the value or character of the adjacent residential district; and J. That any neon signs shall be made an integral part of the building design with careful attention to color, intensity of light and the use of soft tones shall be encouraged. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38- 16.02). 11 PLANNING CtM4ISSIal RESOLLT!'ICN NJ. t SECTION 20: That Section 25.68.670 is hereby added: Section 25.68.670 ents to be prospective only. Lawful existing signs at the time of the adoption of any amendment to this chapter shall be deemed lawful nonconforming ups and shall not be made to comply, be removed or demolished except upon the altering of the sign, copy, size, color or addition of new signage to the site or structure upon which the nonconforming sign is located. SECTION 21: That Section 25.68.760 Penalties be and the same is hereby amended as follows: 25.68.760 Penalties. Violations of any of the provisions of this chapter are misdemeanors punishable as provided for in Section 1012.020. SRS/tm 12 30- --a4-TT -aro?.T- --et{--=mil-paegaau+--e-- -patrTquiaa-ST 'fe.A-4.aclealioi-a-aaagm •a TT a/Ee egg pasapTsuoo aq TTENS 3001 eTA4s pxesueuu e 3o gurod gs - e-e - I wo--4- .TQW H -4ada.zed-$3a-de4- ';cos a 3o eurT anee etg anoge sq.oerosd 4T 404 as &uTpTT q e 3o ITEM egg og PeXr33e LISTS Aue so 'ErrpTpx Aue 3o 3oos egg 1ano so 'enoge 'uo pexTgge u6Ts e sueau „uxsTs good„ 'Z - -1TpTTnq Auewoag pegpegep pup punoa5 egg o.uF so uodn pens-d seoezq so slegseped .q5Ts-dn Aq pegsoddns u5Ts a sueau „u5Ts q.seel3„ 'r 'OZ0'89'Sz uoT eS 'gno nags eq Tum st nTgelea 'uoT4Taedas ezTurTuTul 04 se os peuTTaapun eq IITM spsot so sesasgd 'suoTgoes MSN :SI N34,sZlejy 03 a dcid 'II •sweabeTp 3o esn egg genoagg parreTdxa eq TTTM aoueuzpso egg 3o suoTgoes 6trrsn3uoo pie e;ei ioo axiom gpnu1 aq oo peeu TITM O2y eq4 oq SIEJ4T ns 'peLTnbas aq ITTM s&1TuME pue su6Ts 3o eareue;tr e u buTa6-uo gTnsai e se pup 33o pe .snp aq TTTm aoueu'tpso guesaxd agg 3o suoT.oes pesn aT44TT eq4 3o B Ds 'u0T4 40Pv trT '&rrpxieisaap n aeggaq e e et.i TITM Teaaua5 UT oTTgnd egg gegg os eoueuipso eta 3o s uausTa Ae31 egg 3o Axeuums a aonposd og 6uTo6 os re axe am e isuTpso egg 3o s oTgoes Aueuu buTpuewe aq TTTm am ei ruj1 •sNaot eq . ur os re aaam ieieue6 ur aoueuTpxo LISTS egg oq Squaipuaue ;ECG pesTnpe aram sdnoa6 t oq uioT4 .pp& LII • (pegoegge saaggeT ees) penTeoax ueeq eneq squaiPxia re & rLume a. tD Sgxauiinj •sequlego eq4 e4 pe4uese1d se TTam se 'dno 5 ssauTsnq oespd T3 egg o. Pepiet"uo3 as&M sUOTsTnax &acute pesodaxd ew •slueupuatue 6urbt tes ePTM 3o seises a pesoda d pue 'saurrq Iesanes .an seq ee-ggiuwooqns STgl Tape ao set S.Iecuetu TTounoo AgTo c 4 pue s.zaqurau tnTSSTU112Jo TEsnq-oe3?go-xs c 3o pas?.ad ae44Tiluoccris E TTounoo AgTo ago 3o txrp.oesTp eta; 4V 'I gaasau Lured 3o A4TO :INVDIUddy SbuLUME pup Su6Ts Oq. seTTdde 4T se '89 uoT-Des 'eoueurpso u5Ts agg o squawpuawe 3o Tenaxdc :I9.3f U j T-68 v'OZ :ON 3S'D 686T '8T TT ' :RPM uoTSSTU11D3 & ITUue1d :0, LBOdiall 33vJs II/0a 'c LINCW+T17 3O INANIUTWOG mama WIKd AO A M STAFF REST WA 89-1 APRIL 18, 1989 X. "Wall sign" means a sign attached to or erected on the exterior wall of the building or structure or on a canopy marquee or similar overhang with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall and not extending above the eave line. -#ep---e-pafapet-weil- al-1--be-eens-i - eave-trine. The lowest part of a mansard-style rcf shall be considered the eave line. Where-a-Depet wall i-e— eembi -w th-e maeear -reef--#M— -slaw-be-# t ri#i perepat. (Ord. 129 S5(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-2-- 25.38-225. ) Section 25.68.030 Sign permit procedure. Subsection I will be added: I. That the applicant provide a signed statement from the property owner or his authorized representative that he has reviewed the proposal and approves of same prior to each submittal to the city. 25.68.100 Abatement of illegal signs. The director of etrei ta--eerviees code compliance shall see that this chapter is enforced. He shall not permit, and shall abate, any sign within the city which fails to meet the requirements of this chapter or other applicable law. The director of eftwri.ermiNTt -serviees code compliance, or his authorized representative, shall remove any teorary sign for which a sign permit has not been obtained as required by this chapter. The director of eftyrainmeftta -serviees code compliance, or his authorized representative, shall notify the owner or user of a permanent sign which has been installed without the acquiring of a sign permit that the illegal sign shall be removed within ten days. Upon receipt of this notice, the owner or IlAer of a permanent sign that is determined to be illegal toes have the right to appeal the decision or notice within ten days thereafter to the city council pursuant to the provisions of Chapter 8.20 of this code. Any illegal permanent signs existing prior to the enactment of this chapter shall not be abated by the city until one year after February 24, 1977. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-6). 2 pus gueuag ( T ) euo uetp. a.Iau 6uTsnoq sguaudoTanap TETagsnpUT so TeTaxamoo .xeggo .xo xaguao 5uTddc4s 'xaTduco -re-Fa/ammo 15uTPTIng V '`d :Peal TT-FM Su6Ts &rTpue4see.l3 OT8'89'SZ upFg-" u ems, -pesn eq Aew saweu gueueq oT;Toeds ou gnq pegTaasep eq Asw squeueg 3o sedAk Ts.z9ue5 su6Ts uoF4e0T3F4uePT ragueo 3o eseo eqq uT •Agsedoid ege.Iedes uto sgT up sessauTsnq LePTATPUF 30 eseo eq4 uT uoT4e0TJT4uaPT SseuTsnq tel►LVTATpuT 20 'ATuo WF4e0T3FguepT ragueo apTAoad og eg TTTM su5Ts 6urpuegseaz3 up LpTgoes M9u sTq . 3o Teob eqs, 'uoea wox3 SUOTgoTsgsax 8144 3o a s &LrTsn LXTgoeS peqepTiosuaoe qTM PeoeTdaz eq prrt x s suoTgoes omq eq4 4eq4 4Te3 ee44T gns eLLj, -(steed TeTi4snpuT pue atr'z Od s.xagueo Teu0T5ea pue g3T.x4sTp : •e•T) xzeT 3o sTeaxed Ie&eT LprTM SLekoP 068 uoTgoes eTT4M euaz TeTaxauuno Te eue5 8L4 g4TM stew AT teJTSe4 OTC IT S '068 Pue OTC :suoTgaes omq .xepgn peaaAco axe seam TEToxaw co LIT SU5Ts 6uTpue4see 'ATguesaxd '„eet= TeTgue'PTsaa rho„ uT Su6Ts bu?Txlegsaaz3 ATM sleep enoge OEZ uoTl.oaS ( 'SO'TT-88'SZS ✓ 4TgTq 3 :SL6T '(fixed)TS 86 'PIO :LL6T '(41ed)T7S 6ZT 'PIO) 'SSdI sT aanegoTgq '6uTPTTng gueoeCpe eqq. 3o 4q5ieq . .xo 4145Teq uT gee; xrs • peeoxe you TTeqs pue AeM-go- g5T1 oTTgnd euq. UO peqpooT eq you TTetis su6Ts Ekripueqseea3 'S T4e4TwTT 445Teq peT.ToedS esTM.Ieggo ao3 gdeoxE su6Ts 5u?Pue e,3 0£Z'89'S Z '(6-88'SZS `d ;T0TUx3 :SL6T '(a-xed)TS 86 'PIO :LL6T '(4led)VS 6ZT 'PIO) *TeAoadde u6Ts .203 seuTTePT116 EuTtisTicle4se uT pesn eq og axe Ss9uai14o933e u&Ts pue 'A3ToTTd111Ts 'u6Ts p eigT4edwo0 •sxoToo &XflSeaquoo eATsseoxa pue burgc{&TT 3o esn eqq 'uDT nTTod TsnsTA ezTwTu w og 6ureq Tso5 egg LT}TM AgTturuuuno se T T erg se 'Aq xedoxd goe Cgns egg 3o ecueieedde T Te1eno BUT 04 dTgsTyTgeTaI s,u6TS e og uaATb eg iregS LoTge1epTsuoo 'spxepuegs pege.xa nue egg og uoT3-t. e uT 'eao3a egg • 4TTTgTgedwoo Teanqaeq-cuaxe e.xnsue ATTxesseoeu you op go-cum spaepuegs wnwTxew eq og pepuaguT axe ae dego sT q. uT peuTTgno se su6Ts 3o eaxe pue xequmu eta •iagdego sTIT; uT pegeaawnue ATTeoT;Toeds su6Ts asap. gdeoxe eoueurp.Io 6uTuoz eqq Aq pagsTTge .se se auoz Aue uT peuTeguTew ao pegoaxe eq TTew Su6TS off -esodxnd--su6Ts pe44Tuuad OZT'89'SZ 686T '8T Trudy T-68 `U2 ,I,2 2I adV I,S STAFF REPORT ZOA 89-1 APRIL 18, 1989 having frontage on a public street shall be entitled to one freestanding sign on each street frontage to identify the building, carnercial/industrial complex, or center.shopping The area of such sign(s) to be determined as follows: 1. Freestanding signs for buildings, commercial complexes, shopping centers and other commercial/industrial developments located on leers than five acres of property shall not exceed one-half the total allowable signage of the front of the building and shall be subtracted therefrom and in no event exceed fifty (50) square feet and a height of six (6) feet. 2. Freestanding signs for buildings, commercial oarrplexes, shopping centers and other oomercial industrial developments housing more than one tenant located on five acres of land or more shall be allowed one identification sign an each right-of-way with an allowable sign area based on a ratio of ten square feet per acre to a maximum of 100 square feet. Maximum height of these signs shall be six feet. B. Individual businesses located an their own individual property, having frontage on a public street and indivicliial (unshared) access from said public street shall be entitled to a freestanding sign subject to the area and height limits delineated in part 1 and 2 of subsection "A" above, as may be applicable based on the area of the site. C. When approving any freestanding sign the architectural review carmission shall affirmatively make the finding that said approval shall visually enhance the aesthetic quality of the property on which the sign is to be located. D. All detached freestanding signs shall be placed within a permanently landscaped area of not less than twenty-fair square feet, and be architecturally compatible with the building or complex and not encroach in the public right-of-way. Section 25.68.480 Sign colors. Sign programs for commercial complexes, shopping centers, other commercial/industrial developments and individuua1 businesses shall be limited to not nuie than three (3) colors which will minimize excessive contrast. 4 STAFF RAT ZOA 89-1 APRIL 18, 1989 Section 25.68.490. This section is under review with a view to reducing glare and light intensity and establishing measurable criteria on which to evaluate the signs. This information will follow when compiled. 25.68.520 Maximum sign area limitation. Less-e use-antherizee1-by-his-ehept� ,--rege epees- —the- je-mere eated,--ne-signrlk* ceeci Ne- -ef tie y o-i if.t-the use. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-16.11). 25.68.540 Special permits. Nothing contained in this chapter shall prevent the city council from granting a temporary special permit or otherwise permitting on such terms as it deems proper, signs or the like advertising or pertaining to any civic, patriotic, or special event of general public interest taking place within the boundaries of the city when it can be found that same will not be materially detrimental to the public welfare, interest, or safety, nor injurious to adjacent property or improvements. Grand opening and "going out of business" signs may be approved by the director of envi 3tai--eerviees community development subjeet-te appropriate-eendati s. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-16.13). Signs approved under this section must be compatible and harmonious with the color of the building and adjacent buildings. Said signs will be strictly limited to the number of days they may be displayed as well as other sly/Tv-late conditions. 25.68.570 Trade construction signs. One unlit sign advertising the various construction trades shall be permitted on construction sites during the period that valid building permit approval exists. Such signs shall not exceed three fifteen square feet per twenty thousand square feet of land area with a maximum of thirty-two square feet in area and shall be removed before a notice of completion is issued for the building being constructed. No trade 5 STAFF REPORT WA 89-1 APRIL 18, 1989 construction sign shall exceed eight five feet in height. (Ord. 129 S4(part), 1977: Ord. 98 Sl(part), 1975: Exhibit A S25.38-17). Section 25.68.610 Signs on awnings, marquees, canopies, arcades or similar structures or attachments. A. A11 awnings or awnings with a sign(s) must be reviewed and approved by the architectural review ca mission. The awning (sign) must be architecturally compatible with the building and as a result an awning may not be appropriate for every building. B. Pursuant to Pction 25.68.470 "Proper maintenance of signs" awnings must be kept in good repair and be clean and non-faded. C. Awnings must be substantially attached to the main building structure. D. Awning lettering and numbers as well as style and colors must aesthetically blend with the building. E. Letter height shall rot exceed one-third (1/3) of the awning height and in no event shall it exceed eight (8) inches. F. Scalloping an awnings shall not be pralc nced. G. Where applicable, awnings shall contain street numbers four inches (4" ) in height with a letter style helvetica medium or equivalent. H. Awnings shall not contain phone numbers. I. Straight drop type awnings (i.e. canvas-vinyl signs) are prohibited. Section 25.68.605 Lottery signs. Banners, window signs and wall signs promoting or advertising the California Lottery must be reviewed and approved pursuant to this section. Lottery signs will be included in the overall total sign area allocated to the business based cn its frontage. Section 25.68.606 Bingo signs. A maximum three (3) square foot sign advertising an upcaning bingo event 6 STAFF REPORT 7AA 89-1 APRIL 18, 1989 may be installed, without permit, no more than forty-eight (48) hours before the event and must be rived icmned.iately following the event. Section 25.68.607 Lights outlining buildings/windows. A. Flood lights and accent string lighting outlining the building exterior or perimeter and/or window areas Heist be integrated with the building architecture and as such must be reviewed and approved by the architectural review commission. In no event shall blinking, rotating, flashing or twinkling lights be used. B. During the period from Thanksgiving Day until New Years Day the above noted lights may be displayed without review and approval by the city. III. OTHER ISSUES: One of the major concerns of the subcommittee involved awning and sign maintenance. Staff will be stepping up enforcement in this regard through the use of the existing code section. Should this section prove inadequate then new language will be provided. This section will also be used to get building owners to cover over empty sign cabinets and to keep clocks and fountains in repair and working order. The city attorney will be asked to review the penalty section of the ordinance with a view to increasing same for persons installing signs before obtaining approval or for installing signs different from that approved. In an effort to upgrade signs in certain sections and blocks of the city, the redevelopment agency will be asked to fund a program which would establish a uniform sign program and cover the cost of manufacturing and installing the signs. The suboa r mittee also reviewed in detail the issue of the use of neon but could not cane to closure on it. Generally it was felt that neon should not be used at all on freestanding signs. Some members felt that neon Should not be totally prohibited in that there may be instances where it could be architecturally and compatibly integrated with the design of the building. This issue should be discussed and included in the package sent on to the city council. 7 STAFF REPORT MA 89-1 APRIL 18, 1989 IV. RECOMMENDATION: A. That all portions of the proposed amendment except those ceasing with awnings be continued to a dat e to certain to all the various business groups to review and comment on the proposed changes. B. That the planning commission recommend to the city council approval of an ordinance amendment establishing new criteria for awning review and approval. V. ATTACHMENTS: A. Draft resolution. B. Legal notice. C. Corresp ndence. D. Exhibits. Prepared by _^ 9f Reviewed and Approved by /tm 8