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Home My WebLink About05-05 Staff Report CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: Approval of a Zoning Ordinance Amendment updating and revising Palm Desert Municipal Code Section 25.68, Signs. SUBMITTED BY: Tony Bagato Principal Planner APPLICANT: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 CASE NO: ZOA 09-104 DATE: May 5, 2009 I. EXECUTIVE SUMMARY: Approval of staff's recommendation will endorse and recommend approval to the City Council for a proposed Zoning Ordinance Amendment updating Palm Desert Municipal Code Section 25.68, Signs. The current signage ordinance has not had a comprehensive update since the City of Palm Desert was first incorporated. The new signage ordinance will provide staff and the business community with a user- friendly tool for designing and constructing signs. The new ordinance also provides standards for current signage issues that have been raised by the business community and members of the City Council. The proposed Zoning Ordinance Amendment has been reviewed by a Signage Subcommittee and approved by the Architectural Review Commission. II. BACKGROUND: The City's Zoning Ordinance was originally adopted in 1975 and many sections, including the signage ordinance, have been modified piecemeal over the last 34 years. This has resulted in staff working with an outdated and inconsistent document that guides our daily tasks and interactions with the business community. On October 11, 2007, the City Council formed a Signage Subcommittee to address the needs of the business community for outdated standards for non- Staff Report ZOA 09-104 May 5, 2009 Page 2 of 12 residential real estate signs. As the subcommittee was addressing non- residential real estate signs, a proposed property owner of an industrial/office complex along the north side of Gerald Ford Drive was requesting approval of signage facing Interstate-10. The City Council denied the signs that were located above the roll up doors, and invited the property owner to work with staff and the subcommittee to develop new signage standards for businesses with freeway frontage. On December 11, 2008, the Carl's Jr. Variance request for an additional monument sign was presented to the City Council. The City Council was not willing to approve the variance and requested staff to consider amending the signage ordinance to allow larger retail shopping centers additional monument signs. As part of the discussion, the City Council directed staff to prepare the new signage ordinance. Since that December 11, 2008 meeting, staff has been working with the Signage Subcommittee to develop a new signage ordinance that is being presented today. The new signage ordinance addresses the current signage issues that have been brought up by the City Council, the Signage Subcommittee and staff. In addition, the new signage ordinance has been reorganized, reworded, and modified to include tables, graphics and images to illustrate the signage requirements in the current ordinance. This staff report is written in such a way to highlight the important changes in the new signage ordinance, including photos and graphics to better illustrate the changes. Each section covers what the current signage ordinance allows, the reasons for the modification, and the proposed changes to the ordinance. III. PROJECT DESCRIPTION: The proposed Zoning Ordinance Amendment is a comprehensive update to Palm Desert Municipal Code Section 25.56, Signs. The following sign issues have been discussed by the City Council, Signage Subcommittee, Architectural Review Commission, and staff. A. NON-RESIDENTIAL REAL ESTATE SIGNS (REVISED): Current Code: The current signage ordinance states that non-residential real estate signs are limited to one sign no larger than three square feet (18"x18") for buildings with less than 200 feet of street frontage. If a business has more than 200 feet of frontage, 12 square feet (3'x4') is the maximum size allowed. G:\Planning\Tony Bagato\Signage Ordinance\Public Hearing Documents\Planning Commission Staff Report OS-OS-09.doc Staff Report ZOA 09-104 May 5, 2009 Page 3 of 12 Reasons for the Modification: Over the past two years, staff has seen an increase in non-residential real estate signs. Many of them were designed much larger than what the current code allowed. The photos below illustrate the various types of signs that staff is working to address for noncompliance: ;��` � � r��, , � �� +� ,�� ,�g��._ _�_ °"�--�..�; � ,�� :.�� , �� :,,,�,� �;�,�� 1' ��,I � � �a�l�y ,�� B��ley �. . . :��aper�� Pro�e�rt��s -�....�"„�..�►..I a a e'. ;11�.�3�0 n 113-3310 . . . .. . �A.It�ielen7eqiesGdO Yfatl.OatlleY9r^PG!9e8tnm �t� , .. ��',��- ^�° �.S ��.w . .,tl• ✓` F �.} �� t ;s �� ti. , �, J—� � : �' ,'�,y W w� i �x � `'"� p� ' �' r�.. _ x�,?: ;. ,�:y E�°�,. ��4 �� (� M :., Y y�...'.'_ .�.'.' .. S � : � ,� F�r � . f�j . :<�` a �tAtp t� .. 1�;I i;�,''a �L�p�,�L�,l.�l1 1��? r}`�. . ri��,��` ..� � j � a�,*� 4�� - s' , . i-:. - .'� "' . . ° ;} a �Cd„, . � thFT`,Tk. � � � � � r ' r , . . .,,� � ,�� =�� _' '�� Heather Sharp � _�� SHARP COMMERGIAL,INC. ��,�� - .�.�. � ;�, �. �� ,�,� ,�r F .3� ...?sr�"`s��' � ��i�I _�� : ,: � �f' i '� %h°' i� , r ' . Ri �a��. �� ,"� „`i'.�� r�g�� ^� ,z, � �',;qt�' TM,..``� G:\Planning\Tony Bagato\Signage Ordinance\Public Hearing Documents\Planning Commission Staff Report OS-05-09.doc Staff Report ZOA 09-104 May 5, 2009 Page 4 of 12 � ,� � �� .�� . ��'.�-�> . --,�,� �*< ��`.��;� ...�,� — , ,�, ,. k._Y ,.w, , - � _.�,�:.r,� . � __ .� � .rk+,.;h ,,. �— . .- . _ .�.. �µ� p �w3 � �. ... . z'. k � �� J M✓ imJ� ."3€"s.�� ,.'��,��,,� C�ffike��i�t��s;<i� � �'�,,�9�, ��,�,"� � : • ' °5',�`�� • � � . 7��A��`��,��'� �f . ., � �.�� a x� . , _ .. ; .tr -'° ��.. � �,�L ��,�, p. �� "��'.r�.�� ',�, ;,f '�..�.�:� � + �r u , '�� ' "'A„r,. .:.. , �., . F . . , , • 1 . « �[.T� ,` , ; � ° # .ky�,*l�a"� � 1, �� , , ��1�� i�� , � ;yyry.� . . .�� . . � .. '.Xr,» �.'a ° �. ': .. ��,. �r� � � � ��1_�� . . i)y �ir a �"!F` ��.'. Y 1 1 1 ! i t ' � -!i i ," �:� � r;r ��^ ``�'�'�l�'z ��.I „I1�,�[�)1�`,11.E � ��w ° � � f)R LE;1�E° ,' � � !��i�f c){t�€:R{.t1 �!� t.\. �; � a i ��H:ii�f��;lTi , � � �. � �.7wa. .t g +��`.� . J� „R + . � �G r v-,.�. _ _ �._ �a � ,.; � _ ,4 .=.a ,,.,�14111�...5R*+AZ:�u w+,,. ��• ,�., � _ ��Y'i.. Staff contacted the various commercial brokers to tell them that the signs were larger than what the signage ordinance allowed. After staff explained the current requirements, the brokers stated that three square feet for many businesses was too small and the size requirements needed to be changed. Mr. Dick Baxley, from Baxley Properties, spoke on behalf of many G:\Planning\Tony Bagato\Signage Ordinance\Public Hearing Documents\Planning Commission Staff Report OS-OS-09.doc Staff Report ZOA 09-104 May 5, 2009 Page 5 of 12 commercial realtors in front of the City Council, and he stated that the current standards were outdated and that they needed to be revised. Based on Mr. Baxley's comments, the Signage Subcommittee was formed to discuss the real estate signs within the city. The Signage Subcommittee was formed with two City Council members, Mr. Baxley, staff and other business community representatives. The Signage Subcommittee members reviewed many photos of real estate signs throughout the city. Much of the discussion focused on illegal signs that were cluttered with "riders" and designed with more than one sign for a building. The riders are the "add-on" signs that extend outside of the main sign area and provide additional information specific to the site. Each photo above has a rider added on to the main sign. After the discussion of the various types of signs, the Signage Subcommittee agreed that a 12 square foot (3'x4') size was appropriate for the main sign, and that a 1'x4' rider could be allowed. Some of the subcommittee members objected to making custom signs with custom riders for each property that is advertised. There was discussion about allowing a 12 square foot sign with one rider that could be an add-on. A photo of this type of sign is illustrated below: � � � �� `,r �y � ��.� �m ,� ` ._.,� �' ��7 ��:�5 x� 3 = ' � �. °� •<�� Y�� ;��§» �"Y"r: `$� � d �73 � ��R�i�� `� "l ��.F d �� '� v � � 2� y�3 �1�.``t t,P"�-�a`'t s �+�'' � `��`� ` �' ' . � � � ".. � � ��. .;° �.� &C� '��yJ�, �?'� d :' '��r�, 4� � y � +� % .�� .T� �� j� . S:} �� c v;f��k ��:t ��p b� ��, � +� ., ��.� �a 4� `; "�� 'gy � � ,.. k � ��' � m �.� �T�� ..� � �� k� � � , .+ . ux v'� e.'� . . r. 5ec�, �,:.�":.. � }� r �� yd.. kt- � k� ��M' _ �'�t �' Ba��cley �, �� ropert��,$� , � . , :� , � x�r��-��+� ,• 3 , �� -�° 6 � �� '� � + � ' , ��, _ , ro .. . .:.. , „ , �. , , � ,� ,, , , � �� F�� : ��.. �r; .,�n ��, � `� � �� #e �.. r'r �; �. . • �', �� ' � ;�, h,y �9 �?.S � a'�'4. � }��",,,��ro� ��' �g`.� 1i As shown in the photo above, several subcommittee members stated that the add-on rider clutters the main sign and that the riders should be provided within the main area. The subcommittee members discussed ' �.•..R�...� ,h. - . G:\Planning\Tony Bagato\Signage Ordinance\Public Hearing Documents\Planning Commission Staff Report OS-OS-09.doc Staff Report ZOA 09-104 May 5, 2009 Page 6 of 12 allowing a 4'x4' sign so that rider could within main sign area to eliminate clutter. New Code: The new code standard described below is staff's recommendation described in Table III (page 29) of the draft signage ordinance. • One two-sided sign per frontage; • Maximum size of 16 square feet; • 6 feet high Maximum; • No riders outside of the 16 square foot area; • Non-illuminated B. SIGNS FACING THE FREEWAY(NEW): Current Code: The current signage ordinance does not have any specific standards for businesses facing the Interstate 10 freeway. All signs facing the freeway that have been installed to date were reviewed and approved based on the general wall sign standards used for any business with street frontage. Reason for the Modifications: On April 22, 2008, the Architectural Review Commission (ARC) approved a sign program for the property known as Desert Arches Center with a requirement that the signs facing the freeway be located adjacent to the service doors. The applicant was requesting that the signs be approved above the service doors for more visibility. Several ARC members stated that they were disappointed with many of the signs that had been approved along the freeway frontage, and they believed that the signs were causing visual clutter from the freeway. The applicant appealed the approval by the ARC and requested that the City Council approve the sign program with the business names located above the service doors facing the freeway. On September 4, 2008, the City Council denied the appeal and invited the property owner to join the Signage Subcommittee to address design standards for signs facing the freeway. The Signage Subcommittee reviewed photos of signs along the freeway in the city, as well as other cities in the San Bernardino area. Photos of freeway signs are identified below: G:\Planning\Tony Bagato\Signage Ordinance\Public Hearing Documents\Planning Commission Staff Report 05-OS-09.doc Staff Report ZOA 09-104 May 5, 2009 Page 7 of 12 ,� ti � , � � �. � ,��.� � . '�''`��;I��;�.�,�„�� z, ,� �,, , t[ELLx"�P�PERSTf1R�' �� , ,� '��;,�. � `S ^� , ;. ;� �. ;x;.�a�� x ,� �. �.�� F a�� ,� 1 aia ,W� ,�+" '� � i�ll � ;�u�+", . wit�'i� .� � A k �.. 1 4� . • �i � 4..� � "��`. � \T� �R �� P� Mr y{� a{`��'�� .... :�.. 9b:.. ��..� 5 .., . vpeW °� � 5��: a . �. .. , . ., � � �<,.� �. � .�. �„._ 1.. . ,., ..,: �,Y. . ._ � .. '. ..��:,.. , . eN'^' ��.,� � � ' . i('� 6.�m ;"+�. ". ,a ! ..�,' N e.�� , } � .C' 1 ';x s r� wy'�N',^ .'�. .�} "'..!'' ^�j" '.k d. 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" 3C �. � .. . `L i ... ..� �»,�+�a ,� , .w.. ..... .�' � �i..;, y. i�`��r��'��'§ "kEi'�',t* -,.•rt�t��.s±�rr� � '" ,�w>.S � � :��r .� ��,� � . �• ; .� ' �.t " � �..+ °"�" t� ,.'. ��a.- . .,.>.. , ., , _ .• ,.' �., >-.r.•° � _,, . -�. .-� . . , �` . f , � c�� „� '.�s'� x�y�� ;P.a.� f."'�.,��,��` �.,.�u� �'�e,�*`�.a�'"�, 'h ,� ,� �,�y�'`; �`�p � � � � . � � � Y '7� }�* �*" �y !�`h e' ��+&.r'+T a F� � � w"&' �. 19 '�;^r t .,.`°: - %� ••,+"Gl ..+ .. m„-wnrr�r4'. ` : . t,r ..,_ �".x �_ - `^ee �s"��c�• a!�.;'�ta-v.new,w.�,as:b 4y'8 s�-K G:\Planning\Tony Ba9alo\Signa9e Ordinance\Public Hearing Documents\Planning Commission Staff Repor105-05-09.doc Staff Report ZOA 09-104 May 5, 2009 Page 9 of 12 �, � r , r ,� ,; � ' �� , r°, � � y ,� i ` � � �[ r`+ � , s`�. �,t�� is„ i t r � s� �' tl��'�a.%�i�;�3��,s�.,?4��Ir��.,�n i. a � ��'��. !��d��.��r�� :�„�� .i;^� � �t �,�,��fl� + � �, �� AS 6 x ��?,;�; � fAI.�JR��.� . . � .. �`�` -` Yf�f{}N5 . ., . �,�� *F,.. ...... . . A .... . ... ��. �,t M, . � .a{��.. ! °;r �v ,� � ,�,� e.�p �•d� q q x`. . Y . .. . . . . ..: � w ��,� : � .� � �� :. . .4. • ..x � � `� _".,,� 2 f,y .�.. �� .:. 'i . ,� ....' :. ^,1�. r:r,� <J�r'`�"'��krr`'�''l�t �r * xi�n y��l ':;,s r ��ta"✓`°''�, '��_'a,";�i�,a.;�#'�}�'�r"°r`,3a�""�i'�.�i �1�.,�' ,a�f(. s y�',��' ��; �',� r'�rt .R., ,°f z r w� After reviewing the photos and discussion, the Signage Subcommittee concluded that the existing sign for Closet Tailors was the type of sign that was acceptable for businesses along the freeway. Staff researched the Closet Tailors sign and found that the letters were 12 inches high and non- illuminated. CLC� S ET �2 TAILC� RS After researching the size of the signage for store fronts, staff recommended that two standards should be allowed: one standard for larger, stand alone buildings, and one standard for multi-tenant buildings. For a single tenant building (i.e. Costco), staff is recommending a 50% reduction in size from the size of the sign that is allowed on the non-freeway facing side. For multi-tenant buildings, staff is recommending 12-inch letters, similar to the Closet Tailors sign above. All freeway signs would be non-illuminated. Staff believes that the proposed modifications will address the sign clutter concerns of the City Council and the Architectural Review Commission for businesses facing the freeway. The new code standard described below is staff's recommendation for signage facing the freeway. G:\Planning\Tony BagatolSignage Ordinance\Public Hearing Documents\Planning Commission Staff Report 05-05-09.doc Staff Report ZOA 09-104 May 5, 2009 Page 10 of 12 New Code: The proposed signage ordinance specifically addresses businesses facing the freeway to allow adequate signage for identification on site, while limiting the size to eliminate clutter and large signs facing the freeway. The proposed ordinance will read as follows: Signs facing the freeway: Businesses located in buildings with one side facing the freeway shall be entitled to one sign on the freeway side of the building in addition to other allowed signs for the front of the building, provided the freeway facing sign complies with the following requirements: 1. Signs for single tenant buildings shall be limited to 50% of the total sign area allowed on the front of the building; 2. Signs for multi-tenant buildings, individual business signs shall be limited to 12-inch high letters; 3. All signs facing the freeway shall use a single color, and a clean letter style font; and 4. All signs facing the freeway shall be non-illuminated individual letters or logos. C. CREATIVE SIGN PROGRAM (NEW): Current Code: The current signage ordinance does not provide staff, or the Architectural Review Commission, with any flexibility in approving a unique sign that is creative and attractive, but does not strictly comply with sections of the signage ordinance. New Code: To address unique or creative signs that may not meet all the sections of the signage ordinance, staff is recommending a new section be added for a Creative Sign Program. The purpose of the Creative Sign Program is to encourage signs that are unique in their design approach and use of materials, and to provide a review process for the application of sign regulations and design criteria for unique or creative signs. A Creative Sign Program may modify the standards provided in the signage ordinance as to G:\Planning\Tony Bagato\Signage Ordinance\Public Hearing Documents\Planning Commission Staff Report OS-05-09.doc Staff Report ZOA 09-104 May 5, 2009 Page 11 of 12 sign size, height, illumination, number of colors, location, orientation, or other aspects of signs within the limits of the ordinance. This added section will allow the Architectural Review Commission to approve creative signs that may not be allowed under the signage ordinance, but have been designed in such a way that enhances the overall aesthetic quality of the sign or building. Any sign approved under the Creative Sign Program can be reviewed by the City Council for the final decision. The section has specific design criteria and findings that need to be made for approval. The Creative Sign Program standards are described in Section 25.68.110, page 32 of the Draft Signage Ordinance. D. USER-FRIENDLY ORDINANCE: The current signage ordinance has not had a comprehensive update since the City of Palm Desert was first incorporated. The signage ordinance has had piecemeal updates since 1975, which has resulted in an inconsistent tool for staff and the business community. For example, staff has been working with Westfield's graphic designer to better understand the ordinance. The graphic designer stated that many sections of the current signage ordinance are too wordy with unclear sentences and no graphics, charts and/or diagrams to illustrate the requirements. The new ordinance has been reorganized, reworded, and reformatted. Tables, graphics and photos of specific signs have been added to illustrate the development standards. Staff believes that this new signage ordinance will provide a benefit to the business community by clearly identifying development standards, procedures, policies and the overall goal for signage within the city of Palm Desert. IV. ENVIRONMETAL REVIEW: The proposed Zoning Ordinance Amendment will modify current development standards for signs. The proposed ZOA will not result in a negative impact to the environment. Therefore, the project is exempt under the California Environmental Quality Act. V. CONCLUSION: The new signage ordinance will provide staff and the business community with a user-friendly tool for designing and constructing signs. The new ordinance also provides standards for current signage issues that have been raised by the business community and the City Council. G:\Planning\Tony Bagato\Signage Ordinance\Public Hearing Documents\Planning Commission Staff Report 05-05-09.doc Staff Report ZOA 09-104 May 5, 2009 Page 12 of 12 The proposed Zoning Ordinance Amendment has been reviewed by the Signage Subcommittee and approved by the Architectural Review Commission. VI. RECOMMENDATION: Staff recommends that the Planning Commission adopt the draft resolution Zoning Ordinance Amendment 09-104, recommending to the City Council approval of Zoning Ordinance Amendment 09-104 as proposed. VII. ATTACHMENTS: A. Draft Resolution B. Exhibit A, Draft Signage Ordinance C. Legal Notice D. October 11, 2007 City Council Minutes E. August 28, 2008 City Council Minutes for Desert Arches Sign Program F. December 11, 2008, City Council Minutes for Carl's Jr. Variance Submitted by: Department Head: - --�"� . �` Tony agato Lauri Aylaian Principal Planner Director of Community Development Approval: �ll Homer Croy o ACM for Development Services G:\Planning\Tony Bagato\Signage Ordinance\Public Hearing Documents\Planning Commission Slaff Report 05-05-09.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT UPDATING AND REVISING PALM DESERT MUNICIPAL CODE SECTION 25.68. SIGNS. CASE NO: ZOA 09-104 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5t" day of May 2009, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 06-78, the Director of Community Development has determined that the project will not have a negative impact on the environment and is exempt from CEQA, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the recommendation to the City Council of said request: 1. That the proposed Zoning Ordinance Amendment is consistent with the Policy 12 of the Palm Desert General Plan Community Design Element. 2. That the proposed Zoning Ordinance Amendment will provide the signage standards, guidelines and regulations that are consistent with the Palm Desert General Plan Community Design Element. 3. That the proposed Zoning Ordinance Amendment will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the City of Palm Desert. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of ZOA 09-104. PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of May 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT A CHAPTER 25.68 - SIGNS 25.68.010 — Intent and Purpose A. 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. B. The purpose of this Chapter is to: 1. Provide each sign user an opportunity for adequate identification while guarding against excessive advertising and the confusing proliferation of signs by regulating the time, place, manner, and design quality under which signs may be displayed; 2. Ensure signs are in harmony with the building, the neighborhood, and other signs in the area by eliminating sign clutter and promoting compatibility, proportion, simplicity, design quality, and sign effectiveness; and 3. Protect the safety of motorists and pedestrians by minimizing the distraction of excessive, intrusive signs, as well as to protect the life, health, property, and general welfare of residents and visitors. 25.68.020 — Applicability of Chapter A. Signs allowed. The sign standards provided in this Chapter are intended to apply to all types of signs in all zoning districts in the city. Only signs authorized by this Chapter shall be allowed. Signs erected illegally shall be abated in compliance with Section 25.68.140 (Illegal Signs). B. New zoning district. If a new zoning district is created after the enactment of this Chapter, no signs shall be allowed until this Chapter is amended to govern the new zoning district. C. Sign review criteria. The sign review criteria specified in Section 25.68.030. D (Design review criteria) shall be used by the applicable review authority during the design review process to ensure that signs are well designed, compatible with their surroundings, and do not detract from the overall visual quality of the city. D. Nonconforming signs. An existing legally permitted sign that does not conform to the requirements of this Chapter shall be deemed a lawful nonconforming sign and shall be subject to the requirements of Section 25.68.120 (Nonconforming Signs). E. Official signs. Nothing contained in this Chapter shall prevent the installation, construction, or maintenance of official traffic, fire, or police signs, temporary traffic- control signs used during construction and maintenance of utility facilities, and substructure location and identification signs required to protect these facilities, devices, and markings of the state Department of Transportation, Director of Community 3 PLANNING COMMISSION RESOLUTION NO. Development, City Council, or of other competent public authorities, or the posting of the notices required by law. 25.68.030 — Sign Permit Application and Design Review Required A. Sign permit application. It is unlawful for any person to place, alter, or to permit the placement or alteration of a sign, including painted signs upon any property without first obtaining an approved sign permit application from the Department of Community Development. Signs that are exempt from this requirement are listed in Section 25.68.040 (Exempt Signs). B. Application contents. Applications for sign permits shall be made on a form provided by the Department of Community Development and shall be accompanied by a fee as established by City Council resolution. The application shall provide the information and material specified in the DepartmenYs handout for a sign permit application. The applicant shall also provide a signed statement from the property owner or authorized representative that the owner or representative has reviewed the proposed sign(s) and approves of the proposed sign(s) and their location prior to submittal of the sign permit application to the city. C. Design review required. The following sign types and sign programs shall be submitted to the Architectural Review Commission for approval prior to approval of a sign permit application: 1. Freestanding signs (monument signs); 2. Comprehensive sign programs in compliance with Section 25.68.110; 3. Creative sign programs in compliance with Section 25.68.120; 4 Individual signs for any building with more than 100 lineal feet of building frontage facing a public or private right of way; and 5. Any sign that the Director of Community Development determines should be reviewed by the Architectural Review Commission due to the unique design, context, color, size, shape, location, or circumstance of the sign. D. Sign review criteria. In approving or rejecting a sign permit application, the reviewing authority shall consider the design review criteria provided below. The design criteria shall not be construed or applied in a manner as to violate any legal rights bestowed by state or federal law. The reviewing authority shall find: 1. That the sign is necessary for the applicant's enjoyment of substantial trade and property rights; 2. That the sign is consistent with the intent and purpose of this Chapter and Title; 3. That the sign does not constitute a detriment to public health, safety and welfare; 4 PLANNING COMMISSION RESOLUTION NO. 4. That the size, shape, color, height, and placement of the sign is compatible with and will have a harmonious relationship to the building it identifies, the neighborhood, and other signs in the area; 5. That both the location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) are legible under normal viewing conditions prevailing where the sign is to be located; 6. That the location, height, and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs; 7. That the location and design of the proposed sign, its size, shape, illumination, and color are compatible with the visual characteristics of the surrounding area so as not to detract from or cause depreciation of the value of adjacent developed properties; 8. That the location and design of a proposed sign in close proximity to a residential district does not adversely affect the value or character of the adjacent residential uses; 9. That any neon tubing used in conjunction with an open pan channel sign is incorporated as an integral part of the sign design with careful attention to color, intensity of light, and the use of colors that are not overly bright ; and 10. That the quantity of information displayed in the sign does not cause visual clutter. 25.68.040 - Exempt Signs The following signs, if not illuminated, shall be allowed in residential, commercial, and industrial zoning districts without a sign permit application subject to any specific limitations provided below: A. Non-residential only; one identification sign not exceeding one square foot in area displaying only the name and address of the owner or occupant and/or hours of business operation; B. Temporary signs in compliance with Section 25.68.090 (Temporary Signs) except special event banners and new business establishment identification signs in compliance with Section 25.68.090; C. Signs inside a building set back five feet or more from a window and not readily visible from public right of way; D. Directional or safety signs provided that signs do not exceed three square feet per face; E. Official emblems or flags of nonprofit organizations; F. Religious, charitable, educational, or cultural posters not exceeding 16 square feet in area and not displayed for a period greater than 30 days; 5 PLANNING COMMISSION RESOLUTION NO. G. A no-trespassing or no-dumping sign not exceeding three square feet shall be permitted for each property in addition to other authorized signs; H. Governmental or other legally required posters, notices, or signs; I. Political signs in compliance with the provisions of Subsection 25.68.090 C; J. Directional and public convenience signs for public and quasi public uses. The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the Director of Community Development; K. Utility or telephone pay station signs; L. Bingo signs, provided that said signs shall not exceed a maximum three square foot in area; not installed more than 48 hours before the event; and removed immediately following the event; M. Lottery signs for a business licensed to sell California State Lottery tickets shall be entitled to one window or door mounted lottery decal five and one-half inches by five and one-half inches and no more than one specific identification poster not to exceed 7 square feet; and N. "Open" signs, either mounted on the inside of a window or on a pedestal near the main entrance if a window sign is not used. Maximum sign area shall be three square feet. Signs may be double sided. Pedestal signs shall be located on private property and shall not interfere with pedestrian movement. Signs shall not flash, move, blink, rotate, or appear to do any of the foregoing. 25.68.050 — Prohibited Signs The following signs, displays, and devices are prohibited in the city: A. Advertising devices; B. Awnings that are back-lit (internally illuminated) so that the awning radiates light; C. Business and identification signs that mention more than two goods or services sold or available on the premises; D. Cabinet or can signs that are internally illuminated with translucent panels that allow the entire sign background to be illuminated. Signs with internal illumination are permitted only if the sign background is opaque and the only portion of the sign that appears illuminated is the lettering and/or a registered trademark or logo; E. Electronic changeable copy signs, except as a component of another type sign allowed through the approval of a Comprehensive Sign Program or Creative Sign Program; F. Commercial mascots; 6 PLANNING COMMISSION RESOLUTION NO. G. Neon signs, except "open" signs placed in windows and neon tubing used in conjunction with open pan channel signs; H. Off-site outdoor advertising signs (billboards); I. Pole signs; J. Roof signs; K. Signs that rotate, move, flash, blink, or appear to do any of the foregoing with the exception of approved time and temperature displays; L. Signs on public property, in the public right-of-way, or on public utility poles unless otherwise authorized by this Chapter. Signs shall include, but not be limited to, realtor, open house, and garage sale signs. This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle identification signs, and permitted signs on taxicabs; M. Signs that do not identify a current use on the premises, name of the owner or user, or that do not promote a product, an interest, service, or entertainment available on the premise. Signs shall not advertise a business, accommodation, service, or activity not provided on the premises on which the sign is located. N. Signs that employ slogans, sayings, or mottos; O. Signs located in a manner that the sign or a portion of the sign or sign supports interfere with the free use of a fire escape, exit or standpipe, or obstruct a required door, stairway, ventilator, window, or public way or are otherwise hazardous; P. Signs that imitate an official traffic sign or signal, or contain the words "stop," "go," "slow," "caution," "danger," "warning," or similar words, excepting construction signs and barricades, and except when the words are incorporated in the permanent name of a business; Q. Temporary or portable freestanding signs, including A-frame and similar types of portable signs, except as otherwise provided in this Chapter; and R. Vehicle signs. 25.68.060 — General Provisions for all Signs A. Compliance required. No person shall erect, re-erect, construct, enlarge, alter, change copy, repair, move, improve, remove, convert, or equip any sign or sign structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Chapter. B. Uncertainty of Chapter provisions. The Architectural Review Commission shall have the authority to interpret the provisions of this Chapter at the request of the Director of Community Development, or when an appeal of a decision of the Director is filed with the Architectural Review Commission. 7 PLANNING COMMISSION RESOLUTION NO. C. Sign integration requirement. All signs shall be designed as an integral part of the overall building design and shall be located in a manner consistent with the building's design. D. Sign construction. Signs that are not temporary signs shall be constructed of permanent materials, including but not limited to metal, wood, acrylic, or other comparable durable weatherproof materials. E. Sign area computation. 1. The area of a sign shall be measured within a single continuous perimeter of not more than eight straight lines enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. �-�� s��w�au, i,;loe��'- � ` t � _ � � c �,Clea n e�s�,� � �. --- - _� Lettering With No Sign Board Lettering With No Sign Board f �� Sign W�dth � �` V �.....� � � �� t�dd Shape R� _" ' t � ; S / � N � � �� t4 � �. ,�,� i�. J � �''_�� I � }— — � —Z Lettering With Sign Board t"+___� 2. In the case of a sign designed with more than one exterior surface (e.g., two sides), the area shall be computed as including only the maximum single display surFace that is visible from any ground position at one time. 3. The supports, uprights, or structure on which any sign is supported shall not be included in determining the sign area unless the supports, uprights, or structures are designed in a manner as to form an integral background of the display. F. Sign height measurement - monument signs. The height of a monument sign shall be measured from the highest part of the text area of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever the Director of Community 8 PLANNING COMMISSION RESOLUTION NO. Development determines is appropriate given the physical characteristics of the site. Decorative features of the sign approved by the Architectural Review Commission may be excluded from the measurement of sign height. G. Sign height - wall signs. The upper most part of a wall-mounted sign shall not be higher than the eave line of the building on which it is located as measured from the underside of the eave and in no event higher than 20 feet. H. Electrical raceways and conduits. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical, or doing so would damage significant architectural features or materials, the Architectural Review Commission may grant a waiver of this requirement provided all raceways, conduits, and similar devices are designed in a way that they appear to be part of the overall sign or building design. I. Frontage on two or more streets. A business on a lot that has frontage on more than one street shall be allowed the authorized sign area on each street; provided, that the permitted sign areas may not be accumulated on one street and shall not exceed the allowed sign area of any one street. J. Sign removal or replacement. When a sign is removed all brackets, poles, and other structural elements that supported the sign shall also be completely removed. All holes and affected building surfaces shall be restored to match the adjacent portion of the building. K. Sign colors. The standards for signs in this Chapter are premised aesthetically on the use of limited colors per sign so as to minimize excessive contrast and thereby establish more readable, less confusing signs. Signs for commercial complexes, shopping centers, other commercial and industrial development, including individual businesses, shall be limited by the following: 1. Signs shall be limited to a maximum of three colors per sign. If a federally regulated trademark sign has more than three, then the maximum size allowed for that sign shall be reduced by 20 percent for each additional color. 2. For purposes of calculating reductions in size where more than three colors are involved, the maximum sign size resulting from the first 20 percent reduction shall form the basis for the second 20 percent reduction, and so on for each subsequent 20 percent reduction. For example, if the maximum size allowed for a given three-color sign is 10 square feet, then the maximum size allowed for a five-color sign would be 6.4 square feet: 80% x (10 x 80%). 3. In compliance with Section 25.68.110 (Creative Sign Program), the Architectural Review Commission may waive or reduce the required size reduction if it specifically finds that the proposed sign is desirable due to its quality, uniqueness, design, or other features in compliance with the findings required in Section 25.68.110. 9 PLANNING COMMISSION RESOLUTION NO. L. Illuminated signs and lights. The following standards shall apply to all illuminated signs: 1. All illuminated signs shall be designed with a dimmer system to avoid undue glare or reflection of light on private property in the surrounding area. 2. External light sources shall be shielded from view and directed to illuminate only the sign face. r�� ` i ,�� - , ' �s �' . .�.,_� ,.„.. ,�m.. ,-"'a=r�. s"�n:,�' `r� Do this Don't do this 3. Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and/or a registered trademark or logo. 4. Reflective-type bulbs and incandescent lamps shall not be used on the exterior surface of signs so that the bulb or lamp is exposed to view from any direction. 5. Each new illuminated sign shall be subject to a 30-day review period during which time the Director of Community Development may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Director may order the dimming of any illumination found to be excessively bright. M. Signs to face public or private right-of-way. All signs permitted under this Chapter shall be placed on the side of property facing a public or private right-of-way. N. Maintenance of signs. 1. For the public health, safety, and welfare all signs shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts, wiring, ballast, painting, repainting, cleaning, and other acts required for the maintenance of the sign. If the sign is not made to comply with safety standards, the Director of Community Development shall require its immediate repair or removal in compliance with the Chapter. 2. Signs illuminated either internally or externally shall be capable of being fully illuminated and legible with the face(s) intact (without holes or other exterior damage). Any illuminated sign not in compliance with these and other maintenance standards in this Section shall be cited by the Director of Community Development and shall be brought into compliance with applicable standards or proof of a contract for repair and maintenance shall be approved within 30 days or shall be subject to abatement as a public nuisance. Illuminated signs that, because of expired or damaged lighting elements, become non-legible shall be ordered to remain unlighted until repaired. 10 PLANNING COMMISSION RESOLUTION NO. 3. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. 4. In the case of abandoned signs, the identification, name, and copy pertaining to the abandoned business shall be removed and replaced with a blank panel or white space within 30 days of vacating the business. 5. When it is determined by the city that a sign may cause imminent danger to the public safety and contact cannot be made with a sign owner or building owner, no written notice shall be required. In this situation, the city may correct the danger. The city shall cause to have removed any sign that endangers the public safety, including abandoned, materially dangerous, electrically or structurally defective signs. 6. Notices of violation shall be sent by the Director of Community Development by certified mail. Time periods provided in this Section shall be deemed to commence on the date of the mailing. Any person having an interest in the sign or the property may appeal the citation ordering the removal of compliance by filing a written notice of appeal with the Director of Community Development within 30 days after the date of mailing the notice, or 30 days after receipt if the notice was not mailed. 7. Signs removed by the city shall become the property of the city and may be disposed of in any matter deemed appropriate by the city. The cost of the removal of any sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the city or by assessment against the property. The cost of removal shall include any incidental expenses incurred by the city in connection with the sign's removal. 25.68.070 — Permanent Signs The following tables provide regulations for permanent signs in residential and nonresidential zoning districts. References in the last column provide additional regulations for specific sign types located elsewhere in this Chapter. In the case of an inconsistency between regulations provided in the tables and regulations provided for specific sign types, the regulations for specific sign types shall take precedence. The number and area of signs as provided in this Chapter are intended to be maximum standards. However, the standards do not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, the approving authority shall also give consideration to a sign's relationship to the overall appearance of the subject property, as well as the surrounding community with the goal being to minimize visual pollution, excessive illumination, and excessive contrasting colors. 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E � � � � � � T � u� � Z c � � c� ca� — 0 �- � � � > a c� ; a� -o �a � � 3 �n -v o Z cA � Z � `o a � a�i � o o aE O c � ,� � N � � � a c -ac 30 J tn �, � cLa E _ � � o �- Q � �ay �X `� � > � � � � . � � � � � � �° °' � r 3C° `�,° = 03 3 — � cocn � .� � O C � � � $ � � � = p � � ,� � ,� 00 > � � � � 00 � in m O C N > (a fl- � Z � W � a � � J Z = ' � m a �' � � �° aJ � � .N � � � a ; � � a �, � 'x � .� � � � � � W � � � � °' C � � � � o � �o u�i G M � N E � �- C� 0 � C O � � � � Z V � t� c -�°a vi c � � c O Z � o a� ca � a� ca � a� r ��/ Lw, L = �� L � � •N L � � � W � � L � .� � ` � .N OW � � �� V� � � C � O O � � O O � � W � ZONQ � Oa� Q � ON � J -� -� L -� �n J � � � � � a� � Z �. .- -� O Q '�-�'j y � � � � :? � .� � � N (� -aQ � � � � � � � 3 � � � a� 0 Z d � o � � o � � oo � � o � � (7 p �' °c' � � .c' °c' E � c � � u � � E � =a � .a� v� =a � _� � � a� m �c o � a m � n� m � Q. m o � a � � � U C� � Z N •N 'a c c c� � Z � v, o � o � �° E Q C.) � � w. � �n � d � � � 3 � J C C V : -p � tA ` � = 7 a (� � � N � r++L+ 'a � +U, � � '0 m � ° �� a � � L � �I oo � a o ai �° H c � � �° � �a = � Y O � = � 0�0 � '� o Q � � � N C d � � � U � o J Q z � O ''' C N Vi Q V � .� O O � O C O � � U � � -� ca (:� J ' � � j, � � � Z � � � (a 'C � C N a co ; � N a� -v Z cA � Z � ° noa N � J � � E � Q � a� � � d . _ X N � L � O � r i -p � Z fQ a � � N _ — a� �, y L � O � W � a � � O U O J � � C (�4 � U .� N � N N� Q J � � � � C �' Q � O � �-� � � a o � �N U � � }' � n '� ��=� ° N `° c � � � � � � c� C9 � � � �nc �n � �' Z N C � YN "� O � Z, � c C � O G a' Z O � �+ � c�D � Z V � � � -o ui � O Z � p o `� m N � � � •� � � J W � � �- c�a °� s v o �O � � � °- oo N ao W � Z O o Q ° � � � J y N J � a� � O Q °f -° m o in v, � y � � � � a ° � in Z � � °' o m � � o o � d O � Q � � N tn . V � �� c C� °f �, .� .N Z � = O N r Z � � O � C L J V � — O Q C +• a � � �+ � � � f/� � � N .� ��J � H � � .�{ M � � V C. m tnl � � PLANNING COMMISSION RESOLUTION NO. 25.68.080 — Standards for Specific Types of Permanent Signs A. Building-mounted wall signs. � , � ^,w,� :ny+,.,��q;f.aY� :. ��k �; �,� � a � '� ��"��``�� d , 'je i� r-��,�'�,. �'��d�,�e�;'�� ., , . ' ��. Ib�^,g��i�y�r'�a��. . � �� , ' � � C� �.. 1 r .. ... � � � [.i".;. -w �� • �w^,.'�- i �.+} ��`.r�: � � � a( �f«' .-.+--ww .. . '� �� A�Y6"p;f 1 {; , YV 1 I u: 1. Signs shall be located only on a building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located. ,--_ __.__.__�_.�,�_� � � ° SIGI�k __.� � __ � � � � � �, , f � �s .,� :�� ' � i � �� .� _, � � �� '� � , k:�_" u Appropriate Wall Sign Location ..__�__.� ^� � � s�� . _ . __a . �__��. � � �. ; � � � � � �..� > � .�, __---��w�� _ �._.� _ � �._ �!w.w .# _.�.,�.�. Not Allowed 21 , PLANNING COMMISSION RESOLUTION NO. 2. Electrical raceways for signs shall be designed as an integral part of the sign or building design and shall not be visible. :� � �� Q � 1Y! ''" �� ' ." f r. . �.;"; ` � ,�k� .- .3�fi„,+�,a��*Jd�."4�t $�r . � ga:;,i:4.�'/; . � . . ... . . 3. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. 4. Signs shall be located within the middle 50 percent of the building or occupancy's frontage measured from lease line to lease line. I- �e��T -----*� �-w�a�T�� > �, ��<�� `9 � �--�i�� a�e�r --�� Appropriate Wall Sign Location - --.--�€�.-->:.__ ,r__,,,,r�,,c.,.y:.�.;.:�,... �;, �::,,. �. ,,.�v ,.._-,�-�._ _.,�, 22 PLANNING COMMISSION RESOLUTION NO. 5. Signs located on adjacent walls on the same building shall be separated by a minimum of 30 feet measured along the exterior walls of the building. ��' ��`��t 15" 1�� `�;� m� � �� w_ .. _� _.w,- � ° x , �-. ��M � _.� -w ` __ �1��'°"'-"`. '� � �'_.�- �, - .��.. � � �� '� �� .--r".— Required Separation for Wall Signs B. Freestanding monument signs. � ... . , 1,1 -' Yaf . . � � .��yv ' j�" °y �R.,,. �� n,��,�'PC�E",w r�iv ,� �� , `i�h R^ � � ,,,�„ ��- . �, v '. �. �. � r.-., ., , ,. . „„„� .: � i ,�w+„'" ;s�� c �'.a , ' ��r'dl�- . � `m "!`a. �iy �. � s.#�'�� ' �[��)(�.. � ��.s � t� I �.�i t.G�JbY �b�� ,. �,�p�t, i-��k�: � W ;�. �x��3�� 3 � '�. . � : � .. , � `�' . .� ��. � �� n�e ��, � s ��,..y'. m.. .Wt.�. e:��:.z� I y�� 'r��..�^�. � ., '"y„y"'"" �" � . s , .,�,... .�, . . � N., ' � �:,. .. . . d� . .. is.�-�,�` �i �....s - # ;-. . �:.,... ��-•. _..!;: .,. ivi�� ,.. .., . ., ,... 1. A single tenant building, commercial or industrial complex, or shopping center shall be entitled to one freestanding monument sign per frontage on a public or private street. 2. When a shopping center or industrial park has street frontage on any one street in excess of 1,600 lineal feet, one additional sign shall be permitted. Freestanding signs on the same street shall be separated by a minimum distance of 400 lineal feet. 3. All freestanding monument signs shall be placed within a permanently landscaped area, be architecturally compatible with the building or complex, and not encroach in the public right-of-way. 23 PLANNING COMMISSION RESOLUTION NO. 4. When approving any freestanding sign the Architectural Review Commission shall affirmatively make the finding that the approval shall visually enhance the aesthetic quality of the property on which the sign is to be located. 5. Freestanding monument signs shall not contain phone numbers. C. Secondary business signs. �-�---�; �..:,a�,,,�; Main Building Sign _.... � � �� ti � �Secondary . ��- Secondary � , � � �' Signage •- .�.. � ° t�,.�C'tstc�l��"drmS Signage ��N � � �s�� c ... ��, ,,, E ., v � _..m.. �� , �µ � ,a � r . �� ' '.�� "� s,, Pa � p�w�`� �`* '1 '� -"k� � � . � V �R� t; 3 t`'.. .�§. � 4',. i •� -��• � t �; � �.:. _ �l��-� .�: 1. Secondary business signs shall be clearly ancillary to the main business sign and in no event shall the aggregate sign area exceed the maximum permitted under this Chapter. 2. The design of secondary business signs shall be architecturally consistent with the main business identification sign. 3. The total aggregate sign area of the primary sign together with the secondary sign shall not exceed the maximum sign area allowed for the business. 4. Where a proposed secondary business sign is a registered federally regulated trademark sign, the size of the trademark sign may be subject to size reduction requirements in compliance with Section 25.68.060 (Sign colors). 5. No more than two secondary signs allowed except as otherwise provided in this Chapter. 6. Secondary signs shall not contain phone numbers. 24 PLANNING COMMISSION RESOLUTION NO. D. Window signs - permanent. — - --� � �, � , � � � � � , � �� `� �� ,r ti� i '�- , �� . ��k�� x � �"� �� .�� 1 � ��.� � A.s. ._,_ �� ?� , �; � ' ��v.., �� 'i� � ,� �� ` �� u��"fi.v�'" '."�S . � �. ��. R-P,.bi �NI¢% t,..„�, . '..:5'. � . . �� ...� ^ ��'. . <.i a ' �� :' � ' ,� 1. Signs shall be allowed only on windows located on the ground floor of a building frontage. 2. Signs shall be permanently painted, etched, or mounted on the inside of windows. 3. Signs within five feet of a storefront window shall be counted as a window sign. 4. Window signs shall be allowed in addition to the aggregate sign area allowed for wall and projecting signs. E. Signs on awnings, marquees, canopies, arcades, or similar structures. ;�� < . ; �� r�� . . � .. �� fi��ro � t .H � � E79' �''� .1`��.d.�i i� �� ..... . In�r { 6 � � � � I , 7�a�i i, � � � �, �. �sa^#i �� ? � � �� P � a.; � ' � . � ,:+.� � „ , s � „:� 1. All awnings shall be reviewed and approved by the Architectural Review Commission. The awning shall be architecturally compatible with the building and as a result an awning may not be appropriate for every building. 2. Signs on awnings shall be kept in good repair, clean, and not faded. 3. Signs on awnings (lettering and numbers), including lettering style and colors shall blend aesthetically with the awning and building to which it is attached. 5. When required by the Building Official, street address numbers shall comply with the requirements of Palm Desert Municipal Code Section 15.15.010 and Table 15.15.020 A. 25 PLANNING COMMISSION RESOLUTION NO. 6. Awnings shall not contain phone numbers. F. Projecting signs. :,� �p �� . qd � a j � �'�� + ��> � "�..,��y��k�"�� r��r�.� �� .� �t�,"� "� ' ��xi ,��' S�ga�p� ��(r�� % ` �k �?1�� s, °�'x �.. F> '; 'f ..f.s �'11� y a�t f Y aCgJ S.b�tc� ��k t �t{' ; . i' �.� b ��44�f� :: 1a+ � �k�y� g�9y��x � fr,a,'..-� �� r/. rt�, . ry��F.�- � /J :I r �a +�� ro'� , �" �� 1 ,d �', E � �a t ` � I, g t �� ; � � I ( �a��i� �n '� , ' ��p � ..,.f�� 'z „-':a:; I—_ " p,. ,�yl`��ia ��;;,F }, 1. Projecting signs shall not extend below eight feet from the sidewalk or the right- of-way. G. Pedestrian oriented signs. 1. Where the principal sign for a business is located so that it cannot be seen by pedestrians on the same side of the street, one business identification sign, in addition to other signs allowed in this Chapter, shall be permitted subject to the following standards: a. Signs shall be no larger than three square feet (on each side); b. Signs shall be projecting, hanging, or mounted on a pedestal. Signs on pedestals shall not exceed 54 inches in height; c. Signs shall not be used as "open" siqns; and d. Signs shall be designed and located so as to not distract from the appearance of the building or violate the intent of this Chapter. 2. Businesses in the commercial and industrial districts may place a pedestrian oriented, pedestal mounted "open" siqn in front of their place of business subject to the following standards: a. Maximum sign area shall be three square feet; b. Maximum sign height shall be 54 inches; c. Signs shall be placed on private property in a location that does not impede pedestrian traffic flow; d. Signs shall not include extraneous verbiage advertising the business, specials, or sales events; and e. Signs shall be removed when the business is not open for business. 26 PLANNING COMMISSION RESOLUTION NO. 3. For businesses on EI Paseo between Portola Avenue and Highway 74, the following additional standards shall apply: a. Signs permitted under this Subsection shall be limited to the word "open„ and the business name only; b. Logos are not permitted; c. Signs shall be in two colors only, excluding florescent colors; black and white will be considered colors and sign shall not contain extraneous decoration; d. Signs shall be mounted on a pedestal using one of the two sign colors; and e. Signs shall be professionally manufactured and well-maintained at all times. H. Signs facing the freeway. Businesses located in buildings with one side facing the freeway shall be entitled to one sign on the freeway side of the building in addition to other allowed signs for the front of the building, provided the freeway facing sign complies with the following requirements: 1. Signs for single tenant buildings shall be limited to 50% of the total sign area allowed on the front of the building; 2. Signs for multi-tenant buildings, individual business signs shall be limited to 12- inch high letters; 3. All signs facing the freeway shall use a single color, and a clean letter style font; and 4. All signs facing the freeway shall be non-illuminated individual letters or logos. I. Directional signs for courtyard or plaza businesses. Where commercial buildings or complexes are designed to contain tenant spaces oriented to an interior courtyard or plaza and where the principal business identification sign is located on that courtyard or plaza frontage, the commercial building or complex shall be permitted a pedestrian directional sign(s). The directional sign shall group the names of businesses and/or principal services to be found in the courtyard or plaza subject to the following standards: 1. Signs shall be located at major pedestrian entrances to the plaza or courtyard; 2. Signs shall not encroach into the public right-of-way; 3. Signs shall be properly integrated into the architectural and landscape design of the building; and 27 PLANNING COMMISSION RESOLUTION NO. 4. Signs including supports shall have a maximum width of four feet whether wall mounted or freestanding. J. Attraction boards for theaters and nightclubs. In addition to the principal sign area, one attraction board to advertise nightclub or theater entertainment shall be allowed. The information on the attraction board shall be limited to coming and current entertainment only. Attraction boards shall not be used to advertise rates or prices of attractions. K. Restaurant menu boards. In addition to the principal sign area, a restaurant may have one sign on a wall or window displaying the menu and/or daily specials. When a restaurant is set back more than 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 shall not encroach into the public right-of-way or obstruct pedestrian movement. L. Gasoline service stations. Gasoline service stations shall be limited to those signs approved by the Architectural Review Commission as a part of their action on a conditional use permit and/or amendment thereto. Service station signs shall not exceed the following limitations: 1. One double-faced freestanding monument sign not to exceed 24 square feet in area or not to exceed eight feet in height, and advertising only the name of the company; 2. One 10 square foot maximum wall sign advertising the company name and/or operator; and 3. One wall or ground sign, not exceeding eight square feet in area and eight feet in height for a ground sign, advertising the actual lowest price per gallon including all taxes at which gasoline are currently being offered. Any special conditions required for sale at the lowest price shall also be indicated. 25.68.090 — Temporary Signs The following temporary signs shall be allowed subject to the requirements of this Section. Temporary signs in violation of this Section shall be treated as illegal signs and shall be subject to abatement under the requirements of Section 25.68.140 (Abatement of Illegal Signs). Nothing contained in this Section shall prevent the City Council from granting a special permit application or otherwise permitting signs, displays, or advertising pertaining to a civic, patriotic, or special event of general public interest taking place within the city when it can be found that the signs, displays, or advertising will not be materially detrimental to the public welfare, interest, or safety, nor injurious to adjacent property or improvements. (Current section 25.68.540, Special permits) A. Number, size, height, and duration. Table III provides standards for temporary signs. Temporary signs are allowed in addition to the number of permanent signs allowed for the property. 28 PLANNING COMMISSION RESOLUTION NO. TABLE III TEMPORARY SIGNS Sign Type Maximum Maximum Maximum Duration Additional Number Area Height Standards Temporary window signs Commercial Allowed for sales and Industrial and promotions. Zones: Lineal feet of window area; 50 lineal ft. or One sign 20 sq. ft. (1) N/A 30 days Placed on inside of less Max. 25% of window. total window area 50 lineal ft. to One sign 50 sq. ft. (1) 1001ineal ft. Max. 25% of tofal window area More than 100 One sign 75 sq. ft. (1) ft. Max. 25% of See Notes (1) and total window (2) at the end of the area table for additional information in certain cases. Special signs Special event One sign 30 sq. ft Below eave 30 days per 25.68.090 D, banner Building- line of building. year mounted or freestanding. New business One sign. See Section Below eave 60 days Allowed only while establishment 25.68.070 1 a, line of building. permanent signs are identification 1 b or 1 c. being obtained. 29 PLANNING COMMISSION RESOLUTION NO. TABLE III TEMPORARY SIGNS Sign Type Maximum Maximum Maximum Duration Additional Number Area Height Standards Trade and One sign per 16 sq. ft. per During active On property where construction street 20,000 sq. ft of 8 ft building construction is project signs frontage. site area. permit. taking place. Shall Shall not Max.32 sq. ft. Removed list only firms obstruct before notice connected with the visibility at of completion. development intersections. project. New residential development New I double face 48 sq. ft. per 8 ft. Until all units subdivision sign, or 2 sign face in the project identification single face are sold sign signs per street frontage. New Two signs per 15 sq. ft. each 8 ft. Until all units Sign placement to subdivision street frontage in the project direct persons to the directional are sold subdivision signs entrance. Realty and lease signs Realty sign - One sign per 3 sq. ft., plus 4 ft. During time 25.68.090 street frontage one rider sign; when realty is Single-family 5 in. X 16 in. offered for sale residential or rent. Realty sign - One sign per 3 sq. ft. 4 ft. While a 25.68.090 street frontage salesperson is Open house physically sign present on the premises Realty sign - One sign per 12 sq. ft. 4 ft. During time 25.68.090 street frontage when realty is Other than offered for sale single-family in or rent. a residential zone. 30 PLANNING COMMISSION RESOLUTION NO. TABLE III TEMPORARY SIGNS Sign Type Maximum Maximum Maximum Duration Additional Number Area Height Standards Lease One two-sided 32 sq. ft. 6 ft. Displayed after May advertise lease potential sign per street ARC project potential for future sign- frontage approval. development prior to Removed and during Future before notice construction. No development of completion. riders outside of the 32 square foot area. Realty sign - One two-sided 16 sq ft. 6 ft. During time No riders outside of sign per street when realty is the 16 square foot Nonresidential frontage. offered for sale area. Shall not be zones or rent. illuminated. Personal One sign per 3 sq. ft 4 ft. 2 days within a Only on the property property sale, street frontage 30-day period. where the event is block party, being held. or similar event Political signs - See Section 25.68.090 C. (Political signs) Notes: (1) Businesses that are set back more than 250 feet from a public right-of-way (street) may double the temporary window sign area. Businesses that are set back more than 600 feet from a public right-of-way (street) may triple their otherwise entitled temporary window signage. (2) Does not include signs and decorations painted on or applied to windows pertaining to holidays and seasonal events when the signs contain no reference to the goods or services sold or provided by the establishment. All signs and decorations shall be removed within 10 days following the applicable holiday. B. Standards for temporary signs. Temporary signs shall be subject to the following standards and any additional standards for specific types of temporary signs; 1. Signs are allowed on private property only and shall not be placed in public rights-of-way or at off site locations; 2. Sign shall not be attached to roofs, temporary structures, trees, utility poles, light standards, and similar items in the public right-of-way.; 3. Signs shall not be illuminated; 4. Signs shall not move in any manner; 31 PLANNING COMMISSION RESOLUTION NO. 5. Signs shall be constructed of durable material suitable to their location and purpose; and 6. Signs and their components shall be promptly removed at the time of expiration. C. Political sign regulations. Political signs shall comply with the following requirements: 1. Political signs shall not be located in the public right-of-way; 2. No fee or permits shall be required for the right to erect political signs; 3. Where the sign is proposed to be placed on private property, the applicant shall secure the permission of the property owner; 4. Signs shall not be placed in any manner to create a hazard to public health or safety; and 5. Signs shall be removed within 30 days following the election. D. Special event signs. 1. With the approval of the director of community development, a business may erect one temporary sign, mounted on a wall fascia or freestanding, advertising special events, promotions or sales. Approval of a sign permit application may allow up to 30 square feet of sign area depending upon the type of event, building design, and right-of-way frontage for a period not to exceed 30 days per year. 2. Signs approved under this Section shall be compatible and harmonious with the color of the building and adjacent buildings. When improperly used, special event signs constitute a public nuisance and may be abated. Special event signs for periods in excess of 30 days may only be permitted in compliance with a resolution of the City Council, which shall specify the period during which the banner may be displayed. E. Open house signs. Off-site open house directional signs shall be permitted for an open house, subject to the following provisions: 1. No flags or banners shall be used; and 2. Signs shall be located on private property only, unless prior written approval for unique circumstances is obtained from the Director of Community Development.. 25.68.100 — Comprehensive Sign Program A. Purpose. The purpose of a Comprehensive Sign Program is to integrate all of a project's signs with the overall site design and the structures' design into a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this 32 PLANNING COMMISSION RESOLUTION NO. Chapter. Approval of a Comprehensive Sign Program may modify the standards provided in this Chapter as to sign number, size, height, illumination, location, orientation, or other aspects of signs within the limits of this Section. B. Applicability. The approval of a Comprehensive Sign Program shall be required whenever any of the following circumstances exist; 1. Whenever 3 or more separate tenant spaces are present on the same site; 2. Whenever 3 or more non-exempt signs are proposed for a single-tenant; 3. Whenever signs are proposed to be located on the second story on a multi-story building; 4. Whenever an existing multi-tenant development of 3 or more tenants is being remodeled or rehabilitated to the extent that it requires review and approval by the Architectural Review Commission; or 5. Whenever the Director of Community Development determines that a Comprehensive Sign Program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.). C. Approval authority and limitation. The Architectural Review Commission shall be the review authority for a Comprehensive Sign Program. D. Application requirements. A sign permit application for a Comprehensive Sign Program shall include all information and materials required by the Director of Community Development. E. Standards. A Comprehensive Sign Program shall comply with the following standards: 1. The proposed sign program shall comply with the purpose and intent of this Chapter; 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and/or developments they identify, and to surrounding development when applicable; 3. The sign program shall address all signs, including permanent, temporary, and exempt signs; 4. The sign program shall accommodate future revisions that may be required because of changes in use or tenants; 5. The sign program shall comply with the standards of this Chapter, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter; 33 PLANNING COMMISSION RESOLUTION NO. 6. Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter; and 7. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. F. Findings. In order to approve a Comprehensive Sign Program the following findings shall be made: 1. The Comprehensive Sign Program complies with the purpose of this Chapter, including the Design Criteria; 2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development; 3. The Comprehensive Sign Program contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and 4. The Comprehensive Sign Program complies with the standards of this Chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the signs proposed under the Comprehensive Sign Program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this Chapter. G. Revisions to Comprehensive Sign Programs. The Director of Community Development may approve revisions to a Comprehensive Sign Program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised Comprehensive Sign Program by the Architectural Review Commission. 25.68.110 — Creative Sign Program A. Purpose. The purpose of the Creative Sign Program is to encourage signs that are unique in their design approach and use of materials and to provide a review process for the application of sign regulations and design criteria to creative signs. Approval of a Creative Sign Program may modify the standards provided in this Chapter as to sign size, height, illumination, number of colors, location, orientation, or other aspects of signs within the limits of this Section. B. Applicability. An applicant may request approval of a sign permit application under the Creative Sign Program to authorize an on-site sign or signs that differ from the provisions of this Chapter, but complies with the purpose of this Chapter and Section. C. Review authority. A sign permit application for a Creative Sign Program shall be subject to approval by the Architectural Review Commission. D. Application requirements. A sign permit application for a Creative Sign Program shall include all information and materials required by the Director of Community Development. 34 PLANNING COMMISSION RESOLUTION NO. E. Design criteria. In approving an application for a Creative Sign, the Architectural Review Commission shall ensure that a proposed sign or signs meet the following design criteria: 1. Design elements. The sign shall contain at least one of the following elements: a. Classic historic design style (ghost sign, metal, carved wood, etc.); b. Creative image reflecting current or historic character of the city; c. Symbols or imagery relating to the Palm Desert environment; or d. Inventive representation of the use or name/logo of the business. 2. Architectural criteria. The sign shall: a. Utilize and/or enhance the architectural elements of the building; and b. Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features/details of the fa�ade. 3. Contextual criteria. The sign shall: a. Be in scale and proportion with the structure where it is placed; b. Be placed to respect and enhance the key architectural elements of the building; and c. Respect the scale and proportion of surrounding commercial structures and signs. F. Limitation. Approval of a Creative Sign Program shall not: 1. Authorize the use of signs prohibited by this Chapter; or 2. Authorize any sign that is more than 20 percent larger than it could have been without the owner's participation in the Creative Sign Program. G. Findings. In approving an application for a Creative sign permit the following findings shall be made: 1. Design quality. a. The sign(s) constitute a substantial aesthetic improvement to the site and will have a positive visual impact on the surrounding area; b. The sign is of unique design, and exhibits a high degree of thoughtfulness, imagination, inventiveness, and spirit; and 35 PLANNING COMMISSION RESOLUTION NO. c. The sign provides strong graphic character through the creative use of graphics, color, texture, quality materials, scale, and proportion. 2. Contextual criteria. The sign(s) contain at least one of the following elements: a. Classic historic design style; b. Creative image reflecting current or historic character of the city; or c. Inventive representation of the use, name, or logo of the business. 3. Architectural criteria. a. Utilize or enhance the architectural elements of the building; and b. Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features and details of the facade. H. Revisions to Creative Sign Programs. The Director of Community Development may approve revisions to a Creative Sign Program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised Creative Sign Program by the Architectural Review Commission. 25.68.120 — Nonconforming Signs A. Lawful nonconforming signs. 1. Lawful on-premises signs existing at the time of the adoption of the ordinance codified in this Chapter on that do not comply with the requirements of this Chapter shall be deemed lawful nonconforming uses and shall be brought into conformity with the requirements of this Chapter or be removed in compliance with the requirements of this Section. 2. Nonconforming signs shall not be expanded, extended, rebuilt, altered, or reconstructed in any way, except for normal maintenance or to protect public safety. 3. It shall be the express responsibility of the seller of property or a business to advise the buyer of the provisions of this Section relating to the removal of nonconforming signs upon the transfer of ownership of a business. B. Lawful nonconforming signs to be removed. It shall be the responsibility of the business owner, sign owner, or property owner to ensure compliance with this Section. Nonconforming signs shall be removed or made to comply with the requirements of this Chapter as follows: 1. Within 30 days of the issuance of a sign permit application for a sign on a property on which a nonconforming sign(s) exists. Prior to the issuance for a 36 PLANNING COMMISSION RESOLUTION NO. property on which a nonconforming sign(s) exists, the applicant or owner shall file with the city an irrevocable bond in the amount of $10,000 to guarantee the nonconforming sign(s) shall removed or made to conform with the requirements of this Chapter within a specified time; or 2. Upon the transfer of ownership of the business; or 3. Upon the altering of the nonconforming sign or sign structure in any way or the addition of new sign(s) or a new sign structure; or 4. After 90 days of the discontinuance of a business or before a new business occupies the building, whichever comes first. C. Nonconforming signs maintenance. Except for normal repair or maintenance not exceeding 50 percent of the value of the sign, nonconforming signs shall not be modified, altered, moved, or replaced except in compliance with the requirements of this Chapter. D. Lawful nonconforming offsite signs (i.e. billboards). Nothing contained in this Chapter shall be construed to limit the ability of an owner of a lawful nonconforming off- site sign (i.e. billboard)to periodically change advertising copy. 25.68.130 — Abandoned Signs A. Removal of abandoned signs. 1. An abandoned sign or an abandoned nonconforming sign shall be immediately removed by the owner or lessee of the premises upon which the sign is located or by a person, organization, or other entity that directly or indirectly receives a benefit from the information contained on the sign. All wording advertising or relating to the discontinued business shall be removed from all nonconforming signs. 2. A sign frame or structure that has been abandoned shall be immediately removed by the owner or lessee of the premises upon which the sign frame or structure is located. B. Presumption that a sign is abandoned. A sign that identifies or advertises a business that has ceased; is located upon a structure that has been abandoned by its owner; has not identified a bona fide business, lessor, service, owner, product, or activity available upon the site, for more than 90 days shall be presumed abandoned. C. Notice that a sign is presumed abandoned. The Director of Community Development shall send the person responsible for a sign presumed to be abandoned an Abandoned Sign Notification. Failure of the person to respond within 30 days to the Abandoned Sign Notification shall serve as prima facie evidence of intentional permanent abandonment of the sign. 37 PLANNING COMMISSION RESOLUTION NO. 25.68.140 — Abatement of Illegal Signs A. Enforcement authority. The Director of Community Development shall be the enforcement authority for this Chapter. B. Abatement of illegal signs. The Director of Community Development shall not permit, and shall abate, any sign within the city that fails to meet the requirements of this Chapter or other applicable law, including temporary signs. Any illegal permanent signs existing prior to the enactment of this Chapter shall not be abated by the city until one year after . [Insert adoption date of ordinance] C. Notification and appeal. The Director of Community Development shall notify the owner or user of a permanent sign that has been installed without a sign permit that the illegal sign shall be removed within 10 days. Upon receipt of this notice, the owner or user of a permanent sign that is determined to be illegal does have the right to appeal the decision or notice within 10 days thereafter to the City Council pursuant to the provisions of Chapter 8.20 of this Title. 25.68.150 - Penalties A. Violations of any of the provisions of this Chapter are infractions and/or misdemeanors punishable as provided for in Palm Desert Municipal Code, Section 8.20.020(L). B. If the installation of a sign is commenced prior to obtaining an approved sign permit application the applicable fee for a sign permit application shall be doubled. 25.68.160 — Definitions The following words and phrases shall apply in this Chapter: "Abandoned sign" means a sign that is advertising a use that has ceased; is located upon a structure that has been abandoned by its owner; does not identify or advertise a current bona fide business, lessor, service, owner, or product available upon the site; or that identifies or advertises an event or activity that has occurred. "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. "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 the advertising display. "Awning Sign" means a sign painted on, printed on, or attached to the surface of an awning. "Back-lit Awning" means an internally illuminated, fixed, space-frame structure with translucent, flexible, fabric reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning. 38 PLANNING COMMISSION RESOLUTION NO. "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 advertising devices or advertising displays. "Building frontage" means that building elevation that fronts on a public street, alley, driveway, parking area, pedestrian plaza, courtyard, or arcade. "Cabinet sign" means a sign that has one or more plastic, acrylic, or similar material faces (panels) attached to a metal frame (cabinet). These signs may or may not be internally illuminated. "Commercial mascoY' means humans or animals used as advertising devices, typically by the holding or wearing of insignia, masks or costumes associated with or advertising the commercial establishment. Includes sign twirlers, sign clowns, etc. "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. "Externally lighted sign" means a sign whose immediate source of illumination is not enclosed by the surface of the sign structure. "Face or wall of a building" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts. "Freestanding sign" means a sign supported by upright pedestals or braces placed upon or into the ground and detached from any building. "Height of a sign" means the greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign. "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 premises on which the sign is located. "Internally lighted sign" means a sign with an immediate source of illumination that is completely enclosed by the surface of the sign structure. "Nameplate" means a sign not exceeding one foot by three feet signifying only the name of the occupant and his occupation or specialty. "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. "Political sign" means any sign concerning candidates for political office or involving a ballot issue. "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. 39 PLANNING COMMISSION RESOLUTION NO. "Projecting sign" means a sign other than a wall sign suspended from or supported by a building or structure and projecting outward there from. "Real estate sign" means a temporary sign advertising the sale, lease, or rent of the property upon which it is located, and the identification of the person or firm handling the sale, lease, or rent. "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 lowest point of a mansard style roof shall be considered the eave line. "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 inerchandise or products for sale on the premises, or signs inside buildings except when less than five feet behind a window and facing public view, or ornamentation, design, statuary, architecture, landscaping, pictures, paintings, or other art forms unless, in the case of any exceptions listed in this Chapter, the attraction, because of location, size, use, or the nature thereof, has the 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. "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 together with the frame and the background. "Vehicle sign" means a sign that is attached to or painted on a vehicle or trailer that is parked on or adjacent to any property, the principal purpose of which is to direct people to a business, or attract attention to a product sold or business located on the same property or nearby. On street legal vehicles, the following signs or insignia are not considered to be "Vehicle Signs," and are not regulated as Vehicle signs: 1. Messages on a vehicle the primary purpose of which is to be used in the regular course of business to transport the personnel or products, or to provide the services (not including general advertising) that are advertised on the vehicle; 2. Commercial messages that do not exceed a total of 3 square feet in size; and 3. Commercial messages on mass transit vehicles that pass through the city. "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 lowest part of a mansard-style roof shall be considered the eave line. "Window sign" means a sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view that is located within five feet of the window is considered a window sign for the purpose of calculating the total area of all window signs. 40 � �� CI1V OF Pfll (� DESERI � ��, �r\ , �/ •,` 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 ` {'• TEL: 760 346—o6ii Fnx: 76o 34i-7oq8 � infoC+�palm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 09-104 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT UPDATING PALM DESERT MUNICIPAL CODE SECTION 25.56 SIGNS. PROJECT DESCRIPTION: The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment for a comprehensive update to Palm Desert Municipal Code Section 25.56, Signs. The signage ordinance is being updated to reorganized, reformat the current ordinance, as well as provides new sign standards for non-residential real estate signs and signs facing the freeway. PROJECT LOCATION: City of Palm Desert PUBLIC HEARING: SAID public hearing will be held on Tuesday, May 5, 2009 at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk April 24, 2009 City of Palm Desert, California `�'MIMffO ON IHTQEU PAIEI MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 VIII. ORAL COMMUNICATIONS - B MR. MICHAEL BRACKEN, Palm Desert, CA, thanked the City for being one of the major sponsors of the California State University, San Bernardino - Palm Desert Campus Golf Classic. The Eighth Annual event was held in late April at the Classic Club and raised in excess of$55,000. Now that the new school year was underway, he could report that as a result of all of CSUSB's scholarship activities, a total of $168,000 was awarded to students. Fourteen(14)students were from Palm Desert, and he would provide the Mayor's Office with a letter confirming their names. He presented a plaque recognizing the City's sponsorship to Mr. Ortega and noted that the 2008 Tournament was scheduled for Monday, April 21, at the Classic Club. MR. DICK BAXLEY, Palm Desert, CA, said he was before the City Council on behalf of the Commercial Real Estate Brokerage Community, a number of whom were in attendance today as well. They had found that they were in violation of the City's Sign Ordinance, which they understood and wanted to do whatever was necessary in order to be good neighbors. He'd read the Ordinance and, as it was also pointed out to him, it was a fairly old regulation; it permits one, 3' x 4' sign for every 200 lineal frontage feet of building, and if less than 200 feet, it was limited to a 3' x 3' square sign. He said not only does it have an impact on how they've been operating for 20 years without it being noticed, but their clients were also very concerned because they wanted their vacancies filled or property sold with some degree of visibility. They were requesting a group be formed so that they could work with the City and review the Sign Ordinance,ensuring that they fairly address both the issues important to the City and the community, and to the commercial clients in order to achieve an updated ordinance. He suggested the group include City officials, sign companies,the brokerage community, and anyone else felt to be appropriate for the task. Mayor Kelly asked that the City Manager's Office handle this request. MR. ROB BALLEW, Family YMCA of the Desert, announced they were celebrating their 25'h Anniversary in the Desert with their headquarters in Palm Desert. He said each day there were 1,700 kids in their Child Care Program and 400 in the Sports Programs offered from 29 sites in the Coachella Valley currently, seven in Palm Desert. They felt the City of Palm Desert had been more than a wonderful partner to the YMCA, and he expressed sincere appreciation. As part of this week's celebration, they would be holding their Family Fun Day on Saturday, October 13, from 3:00 p.m . to 6:00 p.m. in Palm Desert Civic Center Park, and he thanked City Parks Staff for assisting them in the arrangements for use of the Park, with attendance anticipated at nearly 700. MR. PETER RITTENHOUSE, Executive Director of the Joslyn Senior Center of the Cove Communities, 73-750 Catalina Way, Palm Desert, said he was appearing 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 JF Yes. RDK Motion carries by unanimous vote. For purpose of clarification: Councilman Ferguson moved to deny the application in its entirety. Motion was seconded by Finerty and carried by a 5-0 vote. B. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION ACTION, DENYING A REQUEST TO ALLOW SIGNAGE LOCATED HIGHER THAN THE MAN DOORS ON THE REAR OF BUILDING "A" FACING THE FREEWAY FOR DESERT ARCHES BUSINESS CENTER LOCATED AT 75-178 GERALD FORD DRIVE Case No. SA 08-260 (Sign-A-Rama, Applicant/Appellant). Assistant Planner Kevin Swartz stated the subject property was located east of Cook Street along Gerald Ford Drive, south of the I-10 Freeway. The Applicant submitted a sign program to the Architectural Review Commission (ARC)for Desert Arches Business Center. All signs had been approved with the exception of the signage for Building"A"facing the freeway; tenant signs above the roll up doors were proposed. The ARC denied the request because they didn't want signs facing the freeway, but it was willing to approve signage above the man doors. Staff was recommending to uphold the ARC decision. Further responding, he confirmed the Applicant filed an appeal to the ARC decision. Mayor Pro Tem Spiegel asked about the height limitation for signage facing the freeway. Mr. Swartz responded it was 20 feet, and the Applicant was proposing 16 feet, which would meet the City's requirement. However, the ARC didn't want a clutter of signs facing the freeway and having it look like Riverside or Moreno Valley. MR. RON ROBINSON stated hewas co-ownerofthe building,and stated he appreciated the opportunity for his appeal to be heard by Council. He said he wasn't asking for any waivers or special treatment, only the same sign program already approved for neighboring tenants. He said the lot he purchased had special circumstances because it was to the rear of the Center and situated behind D'Mundo Tile on Gerald Ford Drive. The private circular road that ran through the business park was the only access ta his building. He didn't have frontage road access, even though his building had a Gerald Ford address. He noted he had faxed a letter to each Councilmember on Monday that showed the site plan. The site plan 17 MiNUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 � illustrated the only access to his building was through a driveway, with a multi-story hotel (Candlewood Suites) on the corner in front of his building, and as one entered the Center's circular road, there was a three-story building next to his, giving his building virtually no presence on Gerald Ford Drive or Cook Street. The only viable sign program with any visibility would be via the freeway; his only signage was in front of the building for identification. He provided recent photographs taken of the interior circular entry road that illustrated his building had no visibility. He had been working with the City since the beginning, and his initial request was denied. In order to comply with City standards, he redesigned the building,added arches,and improved the landscaping, costing him $200,000. He said he wouldn't have purchased the building in the rear of the development, if he didn't feel he had freeway signage. He hired a sign company to make a first-class sign program that was consistent with the City's Ordinance, in fact, according to the square footage and linear square footage of the buildings, he was allowed signage of 30 inches high and 12 feet wide, yet he was only asking for 24 inches high and 12 feet wide; there were signi�cant number of examples next door where the signage exceeded what he was requesting. He said he was only asking for an even hand and treatment, and an opportunity to conduct business, which was not easy in today's market. He "`"' said freeway signage would be a huge plus for his business. He offered to answer questions. Councilman Ferguson asked if it was the Applicant's intention forthe lettering to be the same size, color, and style to appear as uniformed in the depiction presented on page 5 of 7 of the Sign-A-Rama submission. MR. ROBINSON responded the submittal was intended to showthe size and the scope of his signage, but he was willing to make it the same color if required. He said his tenants would be restricted to staywithin the guidelines of the proposed sign program if approved. Further responding, he believed the same presentation was made to the ARC by his apprentice and representative from Sign-A-Rama, but the ARC would only approve signage above the seven foots doors. He said that type of signage would be worthless because it wouldn't be visible from the freeway. He noted Mr. Ed Landen was present to answer any questions about what was previously presented to the ARC. Mayor Pro Tem Spiegel asked if the Applicant had two businesses backing up to one another. MR. ROBINSON responded it was one business that went from one end of the building to the other. Further responding he said the other building that was under construction had better signage opportunity because it faced out towards the driveway and private road, but it didn't have freeway frontage. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 He noted they could have requested signage forthe back ofthat building, but they didn't. He said the redesign of the arches were helpful in redirecting people to the buildings. The subject building was not designed as an industrial building or office building that required signage, it was designed as a showroom building, which was 50% improved showroom and 50°/a improved warehouse for storage. Parking was maximized to accommodate showroom, offices, etc. Further responding, he said he was involved in real estate investment and was the owner of the subject building. The small showroom was occupied by a walk-in bathtub business, and the other space was occupied by a developer. Councilman Ferguson stated he agreed with staff's initial philosophical statement about cluttered signs because when he drove through Mareno Valley and saw all the solid faced walls with no windows, it looked like an unattractive place to get off on the freeway. The industrial overlay was created with the General Plan to add fast food driv�thru's, which weren't allowed anywhere else in the City, to encourage people to come off the freeway. In his opinion, the Applicant's signage above the rolled-up doors wouldn't draw anyone off the freeway, and he saw very little upside for the Applicant, and a huge downside forthe City. He noted D'Mundo Tile did not advertise along I-10 freeway for people to get off the freeway to go to their business. MR. ROBINSON responded D'Mundo Tile and the hotel had exposure to traffic because they were situated on Gerald Ford Drive. He said he's been developing, purchasing, and owning property in the desert for nine years, and he knew there was a tremendous amount of traffic between Palm Springs, Indio,and Coachella, bycontractors, residents,and consumers. He said people may hear of the Walk-in Bathtub Company, but they don't know where it's located. When people drove from Cook Street to Washington Street, there's opportunity to see where a business is located. Responding to question, he said his business was in real estate, and his tenants were the Walk-in Bathtub Company and a real estate developer. He was advised by his brokers about the importance of this signage because he had no access to the consumers unless it had freeway signage. He didn't understand why his sign program was denied when all the buildings surrounding his already had signage facing the freeway. He understood the ARC didn't want to have clutter, but his sign program was very clean. He said it was hard to expect any level of success in this project without freeway signage. Mayor Pro Tem Spiegel stated the Applicant's proposed sign program was more appealing than what the ARC approved. Councilmember Finerty inquired about the City's policy with regard to signage facing the freeway. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 � Mr. Swartz responded anyone could request a signage program, but it ' J required the approval of the Architectural Review Commission (ARC). He said ARC had previously approved similar sign programs facing the freeway for larger buildings, such as the Self Storage facility. However, the ARC regretted approving some of them, and it didn't want to continue making the same mistake. MR. ED LANDEN stated he had been in the sign business for five years with Sign-A-Rama. He said the sign program he created for this particular project was consistent with what had previously been approved for other projects, and his sign program was within the City's Ordinance and standards. He displayed pictures of other developments with a similar sign program, which he didn't write, but were approved by the ARC. Those approved program had up to 30-inch tall letters on 24-foot units, and the Applicant was requesting 24-inch tall letters on 30-foot units. He recognized the other buildings were larger and perhaps produced more sales tax revenue, but there were some retail-type of businesses in that Center. He hoped the City Council would reconsider the ARC decision and benefit his client. Councilman Kelly stated he usually supported signs on the basis of a '""" commercial area where it provided commercial admiration, but this being an industrial park was a different ball game. He didn't think there should be commercial storefront operations in an industrial area, which weren't any different than the operations on Cook Street and Joni Drive. He said in the past there were proposals for billboards along that same area, and the Council violently opposed it. Responding to question about the current billboards in Palm Desert that advertised City businesses off the freeway, he said he preferred they weren't there unless it advertised a commercial operation like Gateway. Councilmember Finerty concurred with Councilman Kelly's comments. She empathized with the Applicant and his situation, but it was the lot he had chosen. She agreed with ARC that if the City continued on this path, it will start to look like a giant billboard and clutter the City, and it wasn't in the City's best interest. Therefore, she asked that staff look at amending the current Ordinance to prohibit signage on the freeway side. She said the size of the business was irrelevant in this matter. She said ARC had done their job, and it had realized the signage clutter. She wondered if a small sign could be installed in front of the property out by Gerald Ford Drive, or perhaps in front of the hotel. M'«h Councilman Ferguson said he recently had a discussion with Ms. Aylaian, and with Sign-A-Rama on a separate business relocation matter, and the tension, history, and philosophy of signage was discussed. He said the � City's Sign Ordinance Committee may very well provide some definitive 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 decisions on what was and wasn't allowed. He pointed out the ARC differed remarkably from the Planning Commission, because it had complete aesthetic discretion to evaluate buildings individually and could come up with a different conclusion on very similar buildings; the ARC evaluated the proximity of a neighborhood, the site plan, and a variety of issues surrounding a project. He believed the ARC was trying to tell the City Council that the current trend for signage needed to be stopped before it looked like Fontana or Moreno Valley, and that it had made some strides to hetp some of the buildings early on when there was nothing but rose lands. In addition, the subject building was located near the University and Cal State campuses to University Park, and he didn't want to have industrial signs leading up to the intellectual capitol of the City's community. Finally, the Applicant purchased a building in an unpopular location, and he didn't blame the Applicant for trying to add value to it by increasing its signage, but it didn't force him to agree and would be voting no on this matter. Mayor Pro Tem Spiegel stated the ARC made a mistake in approving signage over the man doors because it wasn't an appealing option. He understood the City currently had signage facing the freeway,and he agreed with Councilman Ferguson's comments, but he felt the City needed to re-evaluate its Signage Ordinance and set it straight. He agreed it wasn't fair to the Applicant, but the City needed to begin making a stand. Mayor Benson stated she was not in favor of signage facing the freeway, but she would agree to some type of monument signage on Gerald Ford Drive that would direct people to businesses to the rear of Desert Arches Business Center. She said there was nothing worse than going to an address and not finding the business, similar to what the City was experiencing at University Park. Councilman Kelly concurred. Councilman Ferguson suggested the motion include an invitation to the Applicant to participate in the Sign Task Force that had a number of freeway frontage owners within devefopment buildings facing the same situation. Councilmember Finerty moved to, by Minute Motion: 1)Denythe appeal and uphold the Architectural Review Commission decision; 2) direct staff to work with the Applicant/Appellant on a viable location for appropriate monument signage for Desert Arches Business Center; 3) invite the Applicant/Appellant to participate in the ad hoc Sign Task Force. Motion was seconded by Ferguson and carried by a 5-0 vote. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 private donors. With the current economic times, it typically translated to increase child abuse. Because of the lack of local resources and the great need to treat and prevent child abuse in the community, she asked that the Council give strong consideration to their CDBG in February. With no further testimony offered, Mayor Spiegel left the public comment period open for 30 days. B. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION ACTION DENYING A REQUEST FOR A VARIANCE FOR AN EXCEPTION TO PALM DESERT MUNICIPAL CODE SECTION 25.68, SIGNS, TO PERMIT A THIRD MONUMENT SIGN IN THE UNIVERSITY VILLAGE CENTER,WHICH CURRENTLY HAS THE MAXIMUM NUMBER OF MONUMENT SIGNS THE CODE ALLOWS, FOR CARL'S JR. LOCATED AT 36-879 COOK STREET Case No.VAR 08-304(National Sign and Marketing/Edward C. Blend, Applicant/Appellant). Assistant Plann Kevin Swartz stated Carl's Jr. was located inside the University Village Center, which was located on the southwest corner of Cook Street and Gerald Ford. He said the Palm Desert Municipal Code Section 25.68,allowed forone monumentsign perfrontage,and University Village has two frontage roads; Cook Street and Gerald Ford Drive. He said University Village currently had an existing monument sign at each frontage road; therefore, the applicant was asking for a Variance for a third monument. The Applicant didn't want multi-tenant signs, instead wanted public identification signs. Carl's Jr. fronts along Gerald Ford Drive, and the Applicant was proposing to erect a monument sign along Cook Street in the desert landscaped area, six feet from the face of the curb. The sign meets all development standards, but the Planning Commission agreed with staff that the proposed monument sign would create clutter along Cook Street and since all the businesses in the area complied with the Sign Ordinance, approval today would set a precedence for all businesses. The Applicant appealed the action of the Planning Commission for a monument sign. Staff was recommending that the City Council reaffirm the action of the Planning Commission denying the Variance requested by Carl's Jr. He added both Architectural Review Commission (ARC) and Planning Commission had a discussion for a temporary sign. Current lease signs were located along Cook Street and Gerald Ford Drive,which were approved at the staff level with a temporary use permit on a yearly basis. He concluded his presentation and offered to answer questions. Responding to question about the location of the Carl's Jr. monument 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 sign, he said the monument sign would be on Cook Street, and Carl's Jr. fronts on Gerald Ford Drive. Councilman Ferguson asked what legal findings needed to be made in order to support a Variance from the City's Code. Mr. Erwin noted those findings were set forth in the staff report as finding unusual physical hardship (dealing with dimensions of the property in some manner), extra ordinary circumstances applicable to this property that wouldn't generally apply to others within the same zone, strict interpretation of the City's Ordinance in the application would deprive the Applicant the privileges enjoyed by others in the same zone or location, and that the granting of the Variance would not be a detrimental public health, safety or welfare,or materially injurious to other properties in the vicinity. Councilman Ferguson asked if any of the four elements mentioned by Mr. Erwin found by the ARC or Planning Commission. Mr. Swartz responded that they weren't discussed. Councilman Ferguson responded it must of been discussed, because proliferation of signs was mentioned, which meant there wasn't anything unique about Carl's Jr.that wasn't different about Rock's Fire House or every other store along Cook Street. Mr. Swartz responded the ARC and Planning Commission did not find anything unique about Carl's Jr. Councilman Kelly noted he traveled on Interstate 10 towards Sacramento on Interstate 5, and it seemed that every off ramp had fast food restaurants listed on a sign on the freeway; he asked if the City's attempted to do the same. Councilman Ferguson responded he and Councilmember Finerty were on a Signage Subcommittee on what to do with these stores that sort of front the freeway, and the best conclusion they've come up with was a sign for everything that was at that intersection, but only one monument. However, they've been informal discussions thus far, but the Committee has met with Real Estate and Commercial Property individuals, and he agreed it was a good solution, but the City didn't have it yet. Councilman Kelly suggested meeting with State Highway Department, because the signs off Interstate 10 were Caltran's signs. He said 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 those signs identified hotels and restaurants that were adjacent to that interchange. Councilman Ferguson replied it was a great idea. Mayor Spiegel declared the public hearing open and invited the Applicant to address the Council at this time. MR. STEVE ROSEBLUM, Applicant representing National Sign Marketing Corporation, 1350 First Street, Chino, California, stated he represented CLK Inc., who was the operator of the Carl's Jr. restaurants in the Coachella Valley. He said he's had 10 years experience in the signage industry along with 10+ years in retail, and 2+ years working for a municipality. He said he would be calling on Mr. Carl L. Karcher, President of CLK Inc., and Mr. Fred Evans with The Evans Company, who's the landlord to speak. He said the original design intent on the project was to match the identification signs at the entrance to the Center. Their proposed design would utilize the exact same concrete block and lighting as specified by the developer in order to provide a sign that complimented the rest of the signage there, as well as provide a nice curbside appeal without creating clutter in that shopping center. The Applicant recognized it's a key important element for the City. Unfortunately, due to the site geographic conditions and reduced visibility on Cook Street, Carl's Jr. was disadvantaged from its competitors and merits the granting of this Variance for a monument sign. He said if someone happened to research and look up Carl's Jr. on Cook Street, which it did have a Cook Street address, they wouldn't find it because it actually fronted on Gerald Ford. The proposed signage they were looking for was designed to meet City Code requirements, which allowed similar businesses to have monument sign at their site. The key difference was that they were not in a shopping center. Councilman Ferguson interjected and stated Mr. Carl Karcher, who was also a good friend of his, was aware of the location of his restaurant, and he was also aware there were two monument signs for each frontage and those were already taken. He said if the Council followed the Applicant's logic, then the City would have the clutter that was mentioned by staff. MR. ROSENBLUM replied he will cover some of those facts. He displayed an image of the proposed sign, and stated the site had unique conditions; it was in a hidden area of the shopping center. He said Carl's Jr. received approximately 60%of its business through the drive thru, but if a motorist was driving down Cook Street, they 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 wouldn't be aware the other side existed because it was difficult to see. He said all the other competitors had street oriented signage and also enjoyed high visibility where Carl's Jr. didn't, which was one of those conditions they must meet, so they were at a disadvantage. They have established a team of support of the developer at the shopping center to add a monument sign due to the unusual characteristics of this. He noted Council was probably familiar with the intense research and proposals that went into the design of the shopping center, and when that shopping center went in, it was important for them to look nice. They worked together with the landlord to develop something because they were a key tenant to them. He said they would be the only tenant that would be allowed to have a monument sign, and that was the key difference; no one else would be entitled to that. He said Carl's Jr. was specifically disadvantaged due to those unique characteristics. This proposal will help remedy the disadvantages and allow them to be a viable competitive business at a prominent location within a community. He said the client needed to be successful or it would be a disservice to the City, the development, and the business itself. He said they met the conditions the City Attorney mentioned and Councilman Ferguson inquired about. Responding to question about how he met the conditions, he said, it was unique in that they were a fast food restaurant that fronts on one street, and actually had an address on a different street, and they would not affect another business or cause a slippy slope for those business. He was not well-versed on the conditions as the City Attorney, and stated they would not cause future difficulty for the City if this Variance was approved. Councilman Ferguson stated a Variance was almost impossible to meet; however if it was an exception or something else, it might be different. He said the Applicant failed to mention he was at an advantage by being the only drive-thru restaurants north of a frontage street parallel to Interstate 10 because of the City's Freeway Overlay Zone. MR. ROSENBLUM responded he could understand his point, but unfortunately with the immediate complications near by, it was certainly critical people knew they were there. Further responding, he said he was 90% sure Jack in the Box had a monument sign, which was the most immediate competition near Carl's Jr. Councilman Ferguson couldn't recall seeing a monument sign, but would take the Applicant's word; however, he found it difficult to believe. 35 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 Ms. Aylaian didn't believe Jack in the Box had a monument sign off the street. Councilman Ferguson noted the City had an agreement with the developer that he would have two monument signs for his development. MR. ROSENBLUM stated that in orderfor business success in today's economic times, it was imperative they worked progressively towards opportunities to increase business traffic. He said granting the Variance was an opportunity for the City to help a local business succeed. During today's City Council meeting, it was discussed the City's number one revenue source was sales tax revenue. He said it was truly important the City worked together with its businesses to insure a strong financial future for both entities. He said the City Council's granting the proposed design will support the City's intent of supporting business partnership with responsible development. Finally, he said Carl's Jr. was part of the fabric of the Coachella Valley, specifically Palm Desert for more than 25 years. He concluded his presentation and offered to answer questions. MR. CARL KARCHER, President of CLK, Inc., stated they made a decision a number of years ago to be at the subject location, and one of the reason was due to the limited amount of drive thru space available in Palm Desert. At the time they chose the site, they looked at the infrastructure, mountains, office space, and short hills behind the site that were all slated for housing. So, they had envisioned employees working there, construction workers, and homeowners to be there. At their corporate board meeting on Tuesday this week, they had Mitt Romney, and former Senator James Talent from Missouri conference in to talk about the economy, and they felt the economy would not turn around quickly and the Country was in for a major recession; so it would be quite a while before the homes they had envisioned to be developed. He knew about the apartments and hotel going in, but their business needed critical mass to support a restaurant, because they were only doing about 1/3 volume of what was needed. He believed they met the four criteria points needed for a variance. He said Jack in the Box, Arco, and the Hampton Inn had monument signs. With regard to the clutter, he said the stretch at University Village from Cook Street to the Gardens, had one monument sign. At the Village, the Evans group decided their two monument signs would be non-descriptive, short, and with no tenants on it, even though they could, but they decided against it. He said if they had three tenants on that monument sign, one additional sign on 36 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 this huge stretch wouldn't create clutter. He hoped to obtain the Council's support and stated he was available to answer questions. MR. FRED EVANS, stated he viewed this situation with a different set of glasses, in that these were difficult times, and every idea brought to the table needed to be supported. He said every tenant was having individual challenges, and the most difficult challenge in today's market was leasing space; allowing those spaces to go dark would be the worse thing that could happen. He said as a landlord and developer, he had to take these opportunities with tenants who were trying hard, doing well, and had invested in the Center and the community. He said technically the City was correct, the Municipal Code allowed a certain number of signs, but everyone was in a condition where it needed to look beyond the Municipal Code and do what's correct for the community and tenants. He will continue to do whatever he had to do for his tenants because that was his job. He said all involved were in it together. Mayor Spiegel asked how Mr. Evans could guarantee only one sign would be there when there were other tenants that might one another sign. MR. EVANS replied they had an agreement with Mr. Karcher, CLK Inc., and it was already written in stone, and it was based on the fact that he was the only drive-thru tenant allowed in the Center by the City and the Evans Group. Further responding, he said the Fire House and others had already agreed not to pursue another sign, and those deals were already done. Following up to a comment made about freeway signs, he said Caltrans and Lamar Advertising had an agreement to not allow freeway signs because Lamar Advertising believed it would take away from their marketing dollars. Councilman Ferguson noted he represented Lamar Advertising, and stated the comment was patently false. MR. EVANS replied he hoped it wasn't true, but he was given that information directly by Lamar Advertising. MR. KARCHER stated they used to have a sign at the Bob Hope exit, and they came down last year and they were gone. He called Caltrans to find out how to get freeway signs, and they said it only worked if the City had a population of 6,000 or less. So he installed signs up at Thousand Palms where they had them up for years at the intersection. He said Bermuda Dunes,which was a small community, also had one sign up. He received a letter from Caltrans this past year 37 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 stating the signs were coming down because the outdoor companies objected to those signs, and because the Coachella Valley was larger than 6,000. He said Caltrans had specific requirements for those signs. Councilman Kelly encouraged him to follow-up with his legislative representative Senator Benoit, because there were more billboards from Monterey Avenue and Gene Autry Trail than there were to Moro Bay through San Bernardino County, through Los Angeles County, through Ventura County, and San Luis Obispo County. With no further testimony, Mayor Spiegel closed the public hearing. Councilmember Benson understood the Applicantwanting a third sign, but she didn't think the City needed to reduce their standards because of the recession. She said everybody in town was feeling the same thing whether it was a restaurant, walk-in, or drive-thru. She said it was just a sign of the times, and a monument sign wouldn't attract more customers. She said the City only had one drive-thru, and it was by design, which was why they created a zone by the freeway. She would be in favor of reaffirming the action of the Planning Commission. Councilman Ferguson stated he wished this was a closer call for him, but he knew the laws, and knew there was no way the Applicant was near meeting the standard for a Variance. He said the City had a quirky thing called "exception," which had a dubious legality in his opinion, but the Applicant wasn't asking for that, it was asking for a Variance. He said many had asked the Council to bend, twist, or change the City's Code because of the economic times. He said he and Councilmember Benson about 15 years ago created the Freeway Overlay Zone that allowed the drive-thru, and it was specifically meant to cater to people just coming off the freeway, and for years the City had a Planning Director that kept trying to stretch it further and further. He said the last time the Evans Company came to the City Council, they had a tenant called Bad Ass Coffee that wanted a drive-thru, and the Council said no because it was north of Gerald Ford Drive. The fact that Carl's Jr. even got a drive-thru was remarkable to him. However, the Applicant was now requesting a frontage sign that was 300 feet away from the Carl's Jr. on Cook Street, would simply not fly with him, in addition to the precedence it would set, and the law it would have to ignore. He and Councilmember Benson, and former Councilman Crites developed a view corridor at Cook Street with the Evans Company to writing the aesthetic gateway to the City, with the Universities on the other side where they wanted people to have a 38 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 visually easy enticing way to enter the City. They recognized sooner or later Cook Street would replace Monterey, particularly with the Walmart and Sam's Club there, and the traffic congestion at Dinah Shore Drive. So far, that corner had developed beautifully, so he was amazed the Evans Company would now come back and ask the City, on the basis of an agreement with Carl Karcher, CLK Inc.,which didn't prevent them from entering into an agreement with someone else. If it was a closer call, he would feel better because then he would find a way to help the Applicant. He couldn't support the request as presented. Councilman Kelly stated he viewed this different than his colleagues because there were extenuating circumstances. For example, a100-foot frontage allowed for one monument sign, and a 1,000-foot frontage also allowed for one monument sign,which didn't seem right to him. As far as other tenants coming to the Council for help, he thought they should come to the Council, and if there was something Council could do, it should help. He said that Center could create traffic, but he didn't see the same catastrophe. He's looking at all the acreage at that Center, which he estimated was 20 acres, and all those office buildings would not need a monument sign. MR. EVANS responded it was 26 acres with only two monument signs. Councilman Kelly reiterated he saw this situation differently, and thought the Council needed to go out there and help the Applicant to put another sign out on Cook Street in order to get traffic there. He thought the City could assist in designing a sign that wouldn't cause clutter. He said the City did so many other things like the Facade Enhancement Program where it gave money to dress up a building, so the City did things to stimulate business, but it didn't do it for everyone. He said that was the reason why the City had a City Council. It was not like an adding machine, where you pushed buttons and something came out, things weren't always automatic. He agreed the City had ordinances to adhere to, but the City Council was here to make decision in unique situations,which he believed this was. Councilman Ferguson agreed the Council awarded Facade Enhancement funds based on lineal footage of the frontage, and he thought it would be far easier and much more legal to amend the City's ordinance to allow for more monument signs through the process it was already going through for large developments. Every time he drove by Walmart and Sam's Club, he noticed they had a lot 39 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 more than two faces per side on that development, and he'd rather amend the Ordinance and allow for big shopping centers to have multiple monument signs, than to say they were so extraordinarily different to qualify them for a variance. Councilman Kelly agreed and stated it was a good point, and why not allow extra monument signs when there was a larger complex, like 26 acres. Councilman Ferguson responded the Committee was in the process of cleaning it up, so it's a great point to insert for the Council's consideration; however, it may take a little bit longer, but at least it will be done right and legally. Councilman Kelly suggested a temporary sign at that location while it worked on the Ordinance. He had read in the staff report that the Applicant did not want to consider a temporary sign. MR. ROSENBLUM replied they would agree to a temporary sign. Councilman Kelly thought for sure a temporary sign would help that Center. He said if people were being attracted into Carl's Jr., it would attract people into the Village Center, thereby helping the entire Center. Councilman Kelly moved to allow the Applicant to have a temporary sign until the Ordinance included language that would accommodate for larger complex to have additional monument signs. Motion was seconded by Spiegel and received a no-action on a 2-2 vote. Councilman Ferguson moved to refer this to the Signage Subcommittee and ask them to do frontage signs based on linear frontage and not just one sign per side regardless of how large the development was. Motion died for lack of a second. Mayor Spiegel asked how long it would take to bring the Ordinance back to the City Council. Ms. Aylaian replied staff currently had a number of signage related issues with the Zoning Ordinance they hoped to tie up and clean up with an update of a Zoning Ordinance, but if staff was reviewing just this particular issue, they could have it back in 30 days to address monument signage per lineal foot per frontage. Mayor Spiegel commented Mr. Evans would probably be able to place more than one monument sign with the size of his property. 40 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 Councilman Kelly responded it could be adjusted accordingly. Councilman Ferguson stated if an ordinance was introduced in 30 days, by the time it reached the second reading, it would probably be 60 days. He said the City's been putting off the Sign Ordinance for so long that he would rather do the whole thing as a package. Ms.Aylaian stated if staff would be working on the whole Sign Ordinance,the first week in February would be a more appropriate time. Mayor Spiegel questioned why not allow the Applicant a temporary sign until the ordinance was approved. Councilman Ferguson replied there would be a million people that would love temporary signs because the Signage Subcommittee was dealing with realtor's and commercial property owners. Councilman Kelly recognized he was not on the Signage Subcommittee, but he was expected to speak up and state his opinion on behalf of the people that elected him, and just because he wasn't on the Signage Subcommittee, his one vote had the same weight. Ms. Aylaian stated she had explained to the Applicant that he wouldn't need a continuance because if the City was amending it's ordinance, he wouldn't need a variance. Responding to comment, she confirmed the Applicant would still have to go through ARC and the City's discretionary review. Councilman Kelly asked if the Signage Subcommittee had business representation. Ms. Ayaian replied it had representation from broker's and businesses. Mr. Erwin stated the Applicant needed to agree to the continuance because there was a time limit within which the City needed to act. MR. ROSENBLUM agreed to the February 12, 2008 continuance. Mayor Spiegel re-opened the public hearing. Councilman Ferguson moved to continue the matter to the meeting of February 12, 2009, with staff to work with Signage Subcommittee on related amendments to the Zoning Ordinance in the interim. Councilmember Benson seconded the motion and carried by a 4-0 vote, with Finerty ABSENT. 41