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
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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-
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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.
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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.
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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.
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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.
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(f) Any advertising display for which there has been an agreement between
the advertising display owner and the city or county, for its removal as of any
given date.
(g) Any advertising display which is temporary.
(h) Any advertising display which is or may become a danger to the public
or is unsafe.
(i) Any advertising display which constitutes a traffic hazard not created
by relocation of streets or highways or by acts of any city or county.
(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).
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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
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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
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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
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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