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HomeMy WebLinkAboutRes No 193• PLANNING COMMISSION RESOLUTION NO. 193 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ORDINANCE 129, WHICH PROPOSED TO AMEND THE PALM DESERT ZONING OR- DINANCE ESTABLISHING A NEW SIGN ORDINANCE FOR THE CITY OF PALM DESERT, CALIFORNIA, AND AN AMENDMENT OF SECTION 25.39-2.10. CASE NO. SIGN ORDINANCE WHEREAS, after closing the Public Hearing, the Palm Desert City Council did, at its regularly scheduled meeting of October 14, 1976, refer the proposed Sign Ordinance back to the Planning Commission for reconsideration, including a proposed amendment of Section 25.39-2.10; and, WHEREAS, prior to that action, the City Council did review and certify a Final Environmental Impact Report, after a duly noticed Public Hearing, at its regularly scheduled meeting of July 22, 1976; and, WHEREAS, the City staff did review the concerns of the City Council and prepare a revised proposed Sign Ordinance, including an amendment of Section 25.39-2.10, which were submitted to the Planning Commission for con- sideration at a duly noticed Public Hearing on November 16, 1976, and the continued Public Hearing of December 14, 1976; and, WHEREAS, at said Public Hearings, the Planning Commission did take into consideration the reports of the City staff, local residents, and other interested persons; and, WHEREAS, the Planning Commission finds the following additional justifi- cations for recommending approval of the revised Sign Ordinance and amendment to the City Council: 1) The revised Sign Ordinance does more accurately reflect the needs of the community for signs appropriate with the character of the community. 2) The proposed amortization program is more equitable and reasonable for all businesses affected. 3) The proposed revised Sign Ordinance establishes a reasonable and compatible sign program for new development in the community and the proposed Ordinance Amendment provides for a more reasonable review program. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: -1- Planning Commission Resolution No. 193 1. That the above recitations are true and correct and do constitute the findings of the Commission in this case; 2. That it does hereby recommend approval of the attached revised Ordinance 129, which would establish an amendment to the Palm Desert Municipal Code to provide for the City's first Sign Ordinance, as attached to the proposed Ordinance 129, subject to the revisions as specified in the attachment, labeled Exhibit 'A' to this Resolution; 3. That it does hereby recommend approval of an amendment of Section 25.39-2.10 as specified in the proposed Ordinance 129; 4. That it does hereby recommend to the City Council the adoption of Ordinance 129, as amended. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert Planning Commission, held on this 14th day of December, 1976, by the following vote, to wit: AYES: BERKEY, KELLY, MILLS, READING, WILSON NOES: NONE ABSENT: NONE ABSTAIN: NONE S. Y WILSON, CHAIRMAN PA DESERT PLANNING COMMISSION ATTEST. //id STE' EN A. FLESHMAN, ASSOCIATE PLANNER CITY OF PALM DESERT, CALIFORNIA -2- PLANNING COMMISSION RESOLUTION NO. 193 EXHIBIT 'A' RECOMMENDED REVISIONS TO ORDINANCE 129 SECTION CHANGE 25.38-2.13 25.38-2.24 25.38-10.01 25.38-10.03 25.38-11.07 25.38-12.11(4) A sign 000%0 with an immediate source of illumination that is completely enclosed by the surface of the sign structure. $00 00$0 O0A1040 ;Jot 00f00f %00d d 00f OA¢000 f00 fd01 Y000700000 00 00000 MO O00 0Y00 0t f00 L101 fOOf fY00 00 d00/ Y00100 1000f1f100U40 $1000 Y001470 1000f1f1Y0Y100 $40% 007 d10$0 $0Y i100 $ff00000 f0 0 001470 0010 00/i0)11%0% 00 00007 0000 $00/0 040400 100 ONO 1$ 0000000NY 0)t$0000 t0 00 MI14701 RESERVED During a period of time when realty is offered for sale or rent, a sign so indicating, but not exceeding three (3) square feet in area or four (4) feet in height may be located on the proper- ty. No real estate signs shall be located on a roof, project from a building face, or move in any manner. Any such signs shall be removed upon the rental of the property or upon the completion of escrow. OY 01010 f)WYU I$01 4$I0 ft00 00 0000100 Of 0$000A 0141000 OY¢YiY fhlti After the effective date of this Section, no person engaged in the real estate business as a broker, salesman, or otherwise, shall use or place signs on property being offered for sale or lease unless said sign program has first received approval from the Director of Environmental Services. Prior to requesting approval of any real estate signs, evidence of a valid City business license shall be provided. In addition, one rider not to exceed 5" x 16" may be installed at the bottom of any approved real estate sign. Add - One off -site directional sign may be per- mitted for an open house subject to the follow- ing provisions: 1) shall not exceed three (3) square feet; 2 no flags or banners shall be used; to be located on private property only; 4 limited to one sign only. Add - In addition, one rider not to exceed 5" x 16" may be installed at the bottom of any approved real estate sign. Delete - 000 WOXX $100d 00f 0A4000100 f00 L101 $0400 fOOf 10 0Y00 Y10 00 0001%100 fOY ¢000007' 0070 0001 d$ 00Y dtf00 f0 $0000100 $004/O1 0$70$ 000 OY00f% YOd$f00 f0 0$.A000/40 000/0 ¢000$0I 0100 $00¢107 $010$ OY 000f$I 00 000 f00000J Ad0OS 00071 00 000M0 01 -1- PLANNING COMMISSION RESOLUTION NO. 193 EXHIBIT 'A' SECTION CHANGE 25.38-12.12 25.38-13 25.38-13(2) 25.38-16.04 25.38-17.06(9) 25.38-18.07 25.38-18.08(1)a 25.38-18.08(1)b 25.38-22 Add - Further, where the unique design of the center allows for adequate integration of a larger sign, the permitted pedestrian traffic signs as allowed in Section 25.38-12.05 may be increased to a maximum of six (6) square feet per side. In addition, one rider not to exceed 5" x 1- 6"- may be installed at the bottom of any approved real estate sign. A mobile home park shall be allowed one (1) ex- ternally lighted or unlighted identification sign not exceeding the equivalent of one (1) square foot of sign area per ten (10) lineal feet of frontage on each right-of-way upon which the business fronts. No sign shall have a surface area of greater than thirty (30) square feet WO and may be erected at right angles to the right-of-way. Add - In addition, one rider not to exceed 5" x 16" may be installed at the bottom of any approved real estate sign. Add - As an alternative, a decal issued l the City as a part of the sign approval process may be placed on the sign at a location visible and readable from the public or private right-of-way. The City shall establish a separate account to be entitled "Political Sign Removal", for the purpose of holding and accounting for O¢¢ ii$1J¢¢ the cash bond requirements of this sec- tion. Monies from this account will be used to remove signs illegally osted. Any surplus monies from this account NA may be used to remove signs plOgolly posted without a bond. Any sign that is in non-compliance with the regulations of this Article shall be removed prior to or upon the date designated for removal in the above abatement schedules. If the owner of, or the persons responsible for, the sign fails to remove the non -conforming sign, f4¢ 0000t Of ff¢ Oy4ON$O 4000 01i¢0 f4¢ $i14¢ AS 70¢$UU0 $0077 00 0000610 fv3y f0¢ fOa $7 Of f1¢ $iA¢ $¢¢ V'¢¢14 $1477 $0 0000 WOAO MOW ON 001$ f0770100t 010 ¢&f¢ Of 000¢00f0f0s0¢01 7$0 0000000 fOt f0¢ f00 $7 Of $77 00000106000 %i0¢¢ $0077 ¢¢ 0$ f¢77¢0$1 with- in ten (10) days following notification, such non - action may be corrected at the option of the City Council as a violation of this Ordinance, or the Council may select to pursue the following procedure: Change Q¢00¢11700f¢¢0/to read Council Member. Change p(ff¢y40¢,/O to read Retail Businessmen. Penalties Any person, firm, or corporation willfully viola- ting any of the provisions of this MA0$0¢¢ Article shall be t¢iJft of 0 NO¢¢m¢O¢¢¢ 00A7 ¢�¢¢ ¢¢i¢WMOA fO¢f¢¢fg $0$77 00 040$0$070 ¢1 $ p'i$XI 040 fA00 Of ¢¢f 0¢f¢ f$$¢ MO 0406400 0077$Y`$ ON 0)A OY 100tA$0000 fOt $ 00f100 00f 0)(0000 01 000t0$g cat $ .M $4¢0 fA00 $10 i00fi$0yi7' M¢¢f7 subject to the provisions of City Ordinance 57, as amended from time to time. ORDINANCE 129 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING ARTICLE 25.38, CHAPTER 25, OF THE PALM DESERT MUNICIPAL CODE, KNOWN AS THE SIGN ORDINANCE AND AMENDING SECTION 25.39-2.10. The City Council of the City of Palm Desert, California DOES HEREBY ORDAIN as follows: SECTION 1: Section 25.38 of Ordinance 99 is hereby repealed. SECTION 2: Ordinance 18 is hereby repealed. SECTION 3: Those references to signs in Ordinance 31 are hereby deleted. SECTION 4: Ordinance 137 is hereby repealed. SECTION 5: Section 25.38 of Ordinance 99 is hereby added to read as is more specifically stated in Exhibit 'A', as revised by Exhibit 'B', attached hereto and made a part thereof. SECTION 6: Section 25.39-2.10 of Ordinance 99 is hereby repealed. SECTION 7: Section 25.39-2.10 is hereby added to the Palm Desert Municipal Code to read as follows: 25.39-2.10 Delegation of Authority The DRB may, at its discretion, authorize the Director of Environmental Services to approve or cause to be modified, sign applications not exceeding $1,000 in value, exterior remodelings not exceeding $2,500 in value, and proposed additions to commercial buildings not exceeding a change or increase in 25% of the total square footage. SECTION 8: The City Clerk of the City of Palm Desert, California, is hereby directed to cause this Ordinance to be published within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California, and the same shall be in force and effect thirty (30) days after adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council, this AYES: NOES: ABSENT: ABSTAIN: ATTEST: day of , 197_, by the following vote, to wit: NOEL J. BRUSH, MAYOR SHEILA R. GILLIGAN, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA ARTICLE 25.38 PALM DESERT MUNICIPAL CODE THE SIGN ORDINANCE EXHIBIT 'A' Revised: December 14, 1976 Adopted: ORDINANCE 129 ARTICLE 25.38-1 ARTICLE 25.38-2 ARTICLE 25.38-3 25.38-3.01 25.38-3.02 25.38-3.03 25.38-3.04 25.38-3.05 ARTICLE 25.38-4 ARTICLE 25.38-5 ARTICLE 25.38-6 ARTICLE 25.38-7 ARTICLE 25.38-8 ARTICLE 25.38-9 ARTICLE 25.38-10 ARTICLE 25.38-11 ARTICLE 25.38-12 ARTICLE 25.38-13 ARTICLE 25.38-14 ARTICLE 25.38-15 ARTICLE 25.38-16 25.38-16.01 25.38-16.02 25.38-16.03 25.38-16.04 25.38-16.05 25.38-16.06 25.38-16.07 25.38-16.08 25.38-16.09 25.38-16.10 25.38-16.11 25.38-16.12 25.38-16.13 25.38-16.14 25.38-16.15 TABLE OF CONTENTS INTENT AND PURPOSE DEFINITIONS SIGN PERMIT PROCEDURES Three Copies of a Plan Showing Sign Integration Requirement Adjustments Permit Record Requirement Double Permit Fee EXCEPTIONS TO SIGN PERMIT PROCEDURES PROHIBITED SIGNS ABATEMENT OF ILLEGAL SIGNS RESERVED SAFE SIGNS PERMITTED SIGNS - PURPOSE SIGNS IN SINGLE FAMILY ZONES SIGNS IN RESIDENTIAL ZONES OTHER THAN SINGLE FAMILY SIGNS IN COMMERCIAL AND INDUSTRIAL ZONES SIGNS IN RM ZONES -RESERVED RESERVED GENERAL PROVISIONS Design Review Board Process Sign Review Criteria Signs Facing Private Property Required Information on Signs Proper Maintenance of Signs Number of Colors Allowed RESERVED Glare from Signs Location of Right Angle Signs Obstruction of Passage Maximum Sign Area Limitation Exceptions to Sign Limitations Special Permits Imitation of Traffic Signal Overhead Electric Conductors i Page 25.38 (1) 25.38 (1) 25.38 (4) 25.38 (4) 25.38 (5) 25.38 (5) 25.38 (5) 25.38 (5) 25.38 (5) 25.38 (6) 25.38 (7) 25.38 (8) 25.38 (9) 25.38 (9) 25.38 (9) 25.38 (10) 25.38 (12) 25.38 (16) 25.38 (16) 25.38 (16) 25.38 (16) 25.38 (16) 25.38 (17) Prohibited 25.38 (17) 25.38 (17) 25.38 (18) 25.38 (18) 25.38 (18) 25.38 (18) 25.38 (18) 25.38 (18) 25.38 (18) 25.38 (18) 25.38 (19) 25.38 (19) 25.38 (19) CONTENTS (continued) Page ARTICLE 25.38-17 25.38-17.01 25.38-17.02 25.38-17.03 25.38-17.04 25.38-17.05 25.38-17.06 25.38-17.07 ARTICLE 25.38-18 25.38-18.01 25.38-18.02 25.38-18.03 25.38-18.04 25.38-18.05 25.38-18.06 25.38-18.07 25.38-18.08 25.38-18.09 ARTICLE 25.38-19 ARTICLE 25.38-20 ARTICLE 25.38-21 ARTICLE 25.38-22 •SPECIAL PURPOSE SIGNS Trade Construction Signs "No Trespassing" Signs Land Subdivision Signs Lease Potential Signs Signs on Awnings, Etc. Political Sign Regulations Signs for Public or Quasi -Public Uses ENFORCEMENT Territorial Application of Ordinance Duty to Enforce Ordinance Compliance with Ordinance: Nuisance Abatement Removal and Amortization Period Amortization Schedule I Amortization Schedule II Removal of Non -Conforming Signs Program Ad Hoc Sign Amortization Committee Uncertainty of Article Provisions EXCEPTIONS PROCESS DISCONTINUANCE OF A BUSINESS NON -CONFORMING SIGNS MAINTENANCE PENALTIES ii 25.38 (19) 25.38 (19) 25.38 (19) 25.38 (20) 25.38 (20) 25.38 (20) 25.38 (20) 25.38 (21) 25.38 (21) 25.38 (21) 25.38 (21) 25.38 (22) 25.38 (22) 25.38 (22) 25.38 (23) 25.38 (24) 25.38 (25) 25.38 (26) 25.38 (26) 25.38 (27) 25.38 (27) 25.38 (27) ARTICLE 25.38 SIGNS 25.38-1 INTENT AND PURPOSE This article is intended to implement the goals and policies of the General Plan particularly with regard to developing a City that is visually attrac- tive and preserving and enhancing the visual aspects of the City's streets and highways. This article is also intended to provide for a more orderly presentation of advertising displays and identification on properties with- in the City of Palm Desert which are zoned commercial, industrial, and re- sidential; to bring those devices in harmony with the building, the neigh- borhood, and other signs in the area; to protect the general welfare of the businessmen and residents within the same area, as well as the citizens of Palm Desert, and to do so by regulating and controlling the location, de- sign, quality of materials, illumination, and maintenance of signs and sign structures. 25.38-2 DEFINITIONS 25.38-2.01 Sign A sign shall mean any thing of visual appearance primarily used for, or having the effect of, attracting attention from the streets, sidewalks or other outside public areas for identification purposes. A sign shall not mean displays of merchandise or products for sale on the premises, or signs, inside buildings except when less than three (3) feet behind a win- dow and facing public view, or ornamentation, design, statuary, architec- ture, landscaping, pictures, paintings or other such art forms unless, in the case of any exceptions listed in this Section, the attraction, because of locations, size, use or the nature thereof, has the substan- tial effect of attracting attention for identification purposes when viewed from an outside public area. The basic intent behind this defini- tion is not to discourage product displays, design or art forms epito- mizing simplicity, good taste and compatibility with the community's desired image. 25.38-2.02 Advertising Device Any balloon, flag, pennant, propeller, oscillating, rotating, pulsating, light, or other contrivance except a sign used to attract attention for the purpose of promoting (either directly or indirectly), the sale of products of any person. 25.38-2.03 Advertising Display Any device, contrivance, statue or structure other than a sign used as a display, regardless of size and shape, for the purposes of attracting attention or making anything known, the origin or place of sale of which is on the property with such advertising display. 25.38-2.04 Area of a Sign The area of a sign shall be within a single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. In the case of a sign designed with more than one exterior surface, the 25.38 (1) area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports, uprights, or structure on which any such sign is supported shall not be included in determining the sign area unless such supports, uprights, or structures are or is designed in such a manner as to form an integral background of the display. 25.38-2.05 Building In addition to its common meaning, a building shall include any struc- ture requiring a building permit. 25.38-2.06 Business Sign A sign displaying information pertaining to goods or services offered or produced by the business located on the property; but not including advertising devices or advertising displays. 25.38-2.07 Combination Sign Any sign incorporating any combination of the features of freestanding, projecting and roof signs. 25.38-2.08 Construction Sign A temporary sign stating the names of those individuals or firms directly connected with the construction or development project, their addresses and their telephone numbers. 25.38-2.09 Externally Lighted Sign A sign whose immediate source of illumination is not enclosed by the surface of the sign structure. 25.38-2.10 Free Standing Sign A sign supported by uprights or braces placed upon or into the ground and detached from any building. 25.38-2.11 Height of a Sign The greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign. 25.38-2.12 Identification Sign A sign limited to the identifying name, symbol or insignia, or any com- bination thereof, of a building, use, or persons occupying the premises on which the sign is located. 25.38-2.13 Internally Lighted Sign A sign with an immediate source of illumination that is completely en- closed by the surface of the sign structure. 25.38 (2) 25.38-2.14 Name Plate A sign not exceeding one (1) foot by three (3) feet signifying only the name of the occupant and his occupation or speciality. 25.38-2.15 Outdoor Advertising Structure or Sign A sign placed for the purpose of advertising products or services that are not produced, stored, or sold on the property upon which the sign is located. 25.38-2.16 Price Sign A sign limited to the name or identification of items or products of- fered for sale on the premises, and the price of said items or products. 25.38-2.17 Projecting Sign A sign other than a wall sign suspended from or supported by a building or structure and projecting outward therefrom. 25.38-2.18 Real Estate Sign A temporary sign advertising the sale, lease, or rent of the property upon which it is located, and the identification of the person or firm handling such sale, lease, or rent. 25.38-2.19 Roof Sign A sign affixed on, above, or over the roof of any building, or any sign affixed to the wall of a building so that it projects above the eave line of a roof. The top of a parapet wall shall be considered the eave line, The lowest point of a mansard style roof shall be con- sidered the eave line. Where a parapet wall is combined with a mansard roof, the eave line shall be the top of the parapet. 25.38-2.20 Sign Face The surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered as such together with the frame and the background. 25.38-2.21 Wall Sign A sign attached to or erected on the exterior wall of the building or structure or on a canopy marquee or similar overhang with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall and not extending above the eave line. The top of a para- pet wall shall be considered the eave line. The lowest part of a man- sard style roof shall be considered the eave line. Where a parapet wall is combined with a mansard roof, the eave line shall be the top of the parapet. 25.38-2.22 Face or Wall of Building The face or wall of a building shall mean the outer surface of any main exterior wall or foundation of a building, including windows and store fronts. 25.38 (3) 25.38-2.23 Political Signs Political signs shall mean any sign concerning candidates for political office or involving a ballot issue. 25.38-2.24 RESERVED 25.38-2.25 Vehicle Related Portable Free -Standing Signs A vehicle related portable free-standing sign shall mean portable signs affixed to a vehicle for the purpose of directing people to a business in close proximity to where the vehicle is parked. 25.38-3 SIGN PERMIT PROCEDURE It shall be unlawful for any person to erect, alter, or to permit the erection or alteration of a sign, including painted signs, unless other- wise excepted by this Article, a sign upon any property without first obtaining a written sign permit from the Department of Environmental Services. Signs exceeding $1,000 in value shall be reviewed through the Design Review Board Process as specified in Section 25.39-2 inclusive. Application for such permit shall be made on a form provided by the De- partment of Environmental Services and shall be accompanied by a fee as established by Council Resolution. The application shall set forth and contain the following information and material: 25.38-3.01 Three Copies of a Plan Showing: (1) The location and size of any building or structures on the property, in the control of the applicant, both existing and proposed; (2) The location of off -•street parking facilities, including major points of entry and exit for motor vehicles where directional signs may be proposed; (3) The position of the proposed sign and its relation to adjacent buildings and structures under the control of the applicant; (4) The design and size, colors proposed, and proposed location of the sign or sign structure on the property, under the control of the applicant; (5) The method of attachment to any structure; (6) A statement showing sizes and dimensions of all other signs existing on the property, under the control of the applicant. A statement showing the size and color relationships of such sign or sign structure to the appearance and design of existing or pro- posed buildings and structures on the property. (7) 25.38 (4) (8) Such other information as the Department of Environmental Services may reasonably require to secure compliance with this Article and the Ordinances of the City. 25.38-3.02 Sign Integration Requirement: Signs on all proposed buildings or new additions to existing buildings shall be designed as an integral part of the total building design. 25.38-3.03 Adjustments The Zoning Administrator for either new or existing signs, may grant slight adjustments to sign colors or authorize deviations from sign area or distance between signs not to exceed twenty percent (20%), and on sloping roofs the allowance roof signs not to extend above the ridge line, for existing buildings only, upon a finding that the con- ditions for variance exist as prescribed in the Palm Desert Zoning Ordinance and as further set forth herein, when it is determined that no other possible, reasonable method of signs is available. 25.38-3.04 Permit Record Requirement The Department of Environmental Services shall keep a copy and per- manent record of each sign permit issued. Each copy shall show the permit number. The permittee shall be required to exhibit the permit at all times in a place satisfactory to the Director of Environmental Services. 25.38-3.05 Double Permit Fee The applicable fee for a sign permit shall be doubled when the instal- lation of a sign is commenced before obtaining a permit therefore. 25.38-4 EXCEPTIONS TO SIGN PERMIT PROCEDURES The following signs, if not illuminated, shall be allowed on all com- mercial, industrial, and residential zoned property without a sign per- mit being required: 25.38-4.01 One (1) Identification Sign Not exceeding one (1) square foot in area, and displaying only the name and address of the owner or occupant. 25.38-4.02 Directional or Safety Signs As required, provided that: (1) Each such sign has first been reviewed and approved by the Design Review Board and/or the Director of Environmental Services; and (2) Such signs do not exceed three (3) square feet per face. 25.38-4.03 Emblems or Flags (1) Emblems or Flags of Non -Profit Organizations - As required, pro- vided that each has first received approval by the Design Review Board and/or the Director of Environmental Services. 25.38 (5) 25.38-4.04 Religious, Charitable, Educational, or Cultural Posters Not exceeding sixteen (16) square feet in area, and temporary in nature. 25.38-4.05 25.38-4.06 25.38-5 Governmental or Other Legally Required Posters, Notices, or Signs Utility or Telephone Pay Station Signs PROHIBITED SIGNS Except for those signs allowed under the provisions of Section 25.38-16.13, Special Permits, the following signs are prohibited in the City: 25.38-5.01 Rotating, Moving, Flashing, Changing, Re- flecting, or Blinking Signs Prohibited Signs which rotate, move, flash, reflect, blink, or appear to do any of the foregoing including search lights, shall be prohibited unless required by law or utilized by a proper governmental agency, with the exception of approved time and temperature displays. 25.38-5.02 Signs on Public Property or Right -of -Way Prohibited Signs on public property, in the public right-of-way, or on public utility poles shall be prohibited unless otherwise authorized by this Article. Signs prohibited shall include, but not be limited to realtor, open house, and garage sale signs. This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle identi- fication signs. 25.38-5.03 Signs Not Advertising the Use, Name of Owner, Products, or Services Available on the Premises Prohibited Any permanent sign which does not advertise, without reference to prices, a use being made on the premises, name of the owner or user, or which does not advertise a product, an interest, service, or entertainment available on the premises shall be prohibited. 25.38-5.04 Temporary or Portable Free Standing Signs Except as otherwise provided herein. 25.38-5.05 Advertising Devices 25.38-5.06 Advertising Displays Outside of buildings. 25.38-5.07 Combination Signs 25.38-5.08 Roof Signs 25.38-(6) 25.38-6 ABATEMENT OF ILLEGAL SIGNS The Director of Environmental Services shall see that this Ordinance is en- forced. He shall not permit, and shall abate, any sign within the City which fails to meet the requirements of this Ordinance or other applicable law. The Director of Environmental Services, or his authorized representative, shall remove any temporary sign for which a sign permit has not been ob- tained as required by this Ordinance. The Director of Environmental Ser- vices, or his authorized representative, shall notify the owner or user of a permanent sign which has been installed without the acquiring of a sign permit, that said illegal sign shall be removed within ten (10) days. Upon receipt of this notice, the owner or user of a permanent sign that is deter- mined to be illegal does have the right to appeal the decision or notice within ten (10) days thereafter to the City Council pursuant to the pro- visions of the Public Nuisance Abatement Ordinance No. 24. 25.38 (7) 25.38-7 RESERVED 25.38 (8) 25.38-8 SAFE SIGNS The City Council shall adopt, by Ordinance, a set of rules and regulations to guarantee that all signs are safely constructed. These rules and regulations shall be made available to the public. The Building Official shall see that all signs within the City meet the safety requirements promulgated in the rules and regulations. 25.38-9 PERMITTED SIGNS - PURPOSE No signs shall be erected or maintained in any zone as established by the Zoning Ordinance except those signs specifically enumerated in this Article. The number and area of signs as outlined in this Article are intended to be maximum standards which do not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, consideration shall be given to a sign's relationship to the overall appearance of the subject pro- perty, as well as the surrounding community. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval. 25.38-10 SIGNS IN SINGLE FAMILY ZONES 25.39-10.01 Realty Signs During a period of time when realty is offered for sale or rent, a sign so indicating, but not exceeding three (3) square feet in area or four (4) feet in height, may be located on the property. No real estate signs shall be located on a roof, project from a building face, or move in any manner. Any such signs shall be removed upon the rental of the property, or upon the completion of escrow. After the effective date of this Sec- tion, no person engased in the real estate business as a broker, sales- man, or otherwise, shall use or place signs on property being offered for sale or lease unless said sign program has first received approval from the Director of Environmental Services. Prior to requesting approv- al of any real estate signs, evidence of a valid City business license shall be provided. In addition, one (1) rider, not to exceed five (5) inches by sixteen (16) inches, may be installed at the bottom of any ap- proved real estate sign. 25.38-10.02 Nanie Plates Each dwelling is permitted one nameplate indicating any one (1) or more of the following: the narne of the occupant, the occupation, or the street ad- dress of the residence. Said sign shall not exceed one (1) square foot in area and if located on a pole, no part of the sign or pcie should be more than four (4) feet above ground level. 25.38-10.03 Open House Signs During the period under which real estate is offered for sale or lease and while a salesperson is physically present on the premises, a sign indicating open house shall be permitted. Said sign shall not exceed three (3) square feet in area; and if located on a pole, no part of the sign or pole shall ex- ceed four (4) feet above ground level. One (1) off -site directional sign may be permitted for an open house subject to the following provisions: (1) shall not exceed three (3) square feet; (2) no flags or banners shall be used; (3) to be located on private property only; (4) limited to one (1) sign only. 25.38 (9) 25.38-10.04 Signs for Special Events One (1) unlighted sign shall be permitted for special events such as garage sales, patio sales, block parties, or similar events. Said sign shall not exceed three (3) square feet in area or four (4) feet in height. 25.38-10.05 Other Signs No other signs shall be erected or maintained in any single family zone, as established by the Zoning Ordinance, except for those signs specifically authorized by the Design Review Board Process. Any such sign so authorized shall be necessary to preserve a legal right or serve an enonomic need and shall not be deemed likely to cause undue detriment to surrounding uses or the economic values of the surrounding properties. Signs so authorized shall be located and erected in a manner satisfactory to the Director of Environmental Services or his authorized representa- tive. 25.38-11 SIGNS IN RESIDENTIAL ZONES OTHER THAN SINGLE FAMILY The predominant idea in authorizing signs in the other residential zones is to strive for a one sign complex to eliminate clutter and to promote compa- tibility, proportion, simplicity, and sign effectiveness. 25.38-11.01 Sign Area - Hotels & Apartments There shall be a basic allowable sign area of ten (10) square feet, plus one (1) additional square foot of sign area for each two (2) separate rental units to be encompassed in one sign with a maximum of fifty (50) square feet in area. A separate rental unit as used herein shall mean each room or combination of rooms for which a separate lodging charge is made. Such signs shall include in their design layout, all accessory service signs. Accessory signs shall be prohibited unless designed in conjunction with or made an integral part of the principle sign. Cri- teria to be used in designing and locating these signs shall be those of proportion, simplicity, utility, and compatibility with surrounding uses and development. In addition, for hotels the wording on the signs shall be limited to the extend that the word "motel" shall not he per- mitted. Only the words "hotel, lodge, inn, motor inn, or chalet" shall be acceptable. 25.38-11.02 Sign Area - Condominiums There shall be a basic allowable sign area.of ten (10) square feet plus one (1) additional square foot of sign area for every ten (10) units to be encompassed in one (1) sign for each main entrance with a maximum of fifty (50) square feet in area. As an alternative, two signs located one on each side of the entry, not to exceed fifteen (15) square feet may be permitted. Said sign shall be displayed at the main entrance and shall only depict the name of the complex. Permanent signs within the complex shall be approved by the Design Review Board Process, but no interior sign shall be larger than six (6) square feet. 25.38 (10) 25.38-11.03 Sign Area - Other Non -Residential Uses Allowed One (1) externally lighted or unlighted identification sign not ex- ceeding twenty,(20) square feet in area shall be permitted for autho- rized uses, such as churches, day care centers, private clubs, restau- rants, and the like. Authorized commercial uses shall be permitted: One (1) externally lighted or unlighted identification sign not ex- ceeding three (3) square feet in area or four (4) feet in height. 25.38-11.04 Use of Attraction Boards for Hotels An attraction board may be included in the design and allowable sign area for a hotel`or apartment house, subject to its location and design being approved as provided herein. A. The attraction board shall be designed and located so that it is made an integral part of the principle sign. B. If the principle sign is designed and located on a building or in such a manner that an attached attraction board sign would detract from the appearance of said sign, a detached attraction board sign shall be allowed, provided: (a) That the size of the detached attraction beard sign shall be counted as part of the total allowable sign area. (b) That the maximum allowed size for a detached attraction board sign shall be five (5) square feet per face. (c) The name of the hotel cannot be indicated on the detached attraction board sign. C. An appropriate combination of the following information shall be allowed on an attraction board sign: (a) (b) (c) (d) (e) "Summer Rate" Vacancy Credit Cards TV, Color TV Pools, Therapy Pools (f) (g) (h) (i) Air Conditioning Continental Breakfast Welcoming Conventions Any other information as approved by the Director of Environmental Services D. Rate Signs - In addition to the other sign usage authorized herein, actual rates or prices on rentals or other accommodations may be in- dicated by a single sign or attraction board not to exceed eighteen (18) inches by twenty-four (24) inches located no closer than one (1) foot on the inside of a window when facing public view in letters and numbers not to exceed three quarters (3/4) of an inch in height. The intent of this Section is to limit the use of hotel rate signs solely to the manner provided herein, including the restriction of rate signs that attempt to gain an unfair advantage over competition by the use of a business name which, in letters and/or figures, sug- gest a rate. All such signs authorized herein shall also comply, where compatible, with the provisions of Article 3, Chapter 1, Part 3, 25.38 (11) Division 7 (Section 17560, et seq) of the California Business and Profes- sions Code. Any such sign which fails to comply with the provisions of this Section shall constitute a public nuisance and may be abated as such. 25.38-11.05 Free Standing Signs Except for otherwise specified height limitations, free standing signs shall not be located on the public right-of-way and shall not exceed ten (10) feet in height or the height of the adjacent building, whichever is less. 25.38-11.06 Double Frontage Lots All the sign area allowed in Sections 25.38-11 inclusive shall be allowed on the main frontages for double frontage streets generally parallel with each other pro- vided that the same use of property extends completely through from street to stree and the area of a sign allowed on the secondary frontage shall not exceed twenty- five percent (25%) of the main entitlement for identification purposes only. 25.38-11.07 Sale and Rental Signs Uses in Residential Zones other than Single Family Zones shall be authorized one (1) for sale or rent sign while the property is actually for sale or rent. These signs shall not exceed three (3) square feet in area or four (4) feet in height; and shall be designed and located in a manner satisfactory to the Director of En- vironmental Services. All such signs shall be removed upon the rental of the pro- perty or upon completion of escrow, or within thirty (30) days of opening of es- crow, whichever occurs first. In addition, one (1) rider not to exceed five (5) inches by sixteen (16) inches, may be installed at the bottom of any approved real estate sign. 25.38-12 SIGNS IN COMMERCIAL AND INDUSTRIAL ZONES The predominant idea in authorizing signs in the commercial and industrial zones is to strive for one (1) sign per complex to eliminate clutter and to promote com- patibility, proportion, simplicity, and sign effectiveness. 25.38-12.01 Sign Area - Commercial and Industrial Uses Except as otherwise provided in this Article, each separate business shall be limited to one (1) main sign integrated into the design of the building. Rela- tive thereto, the following sign areas shall apply: A. Buildings within one hundred (1.00) feet of public right-of-way --The total or aggregate area of a main sign for any business in a building located within one hundred (100) feet of the right-of-way upon which it faces shall not exceed the equivalent of one (1) square foot of sign area per lineal foot of frontage which the building has facing on a right-of-way or parking lot. Except as otherwise provided here- in, such sign shall have a surface area no greater than fifty (50) square feet. No such signs shall be closer than ten (10) feet from any other .sign permitted hereunder. Such a sign must be located ad- jacent to the right-of-way or parking lot from which its maximum al- lowable size is determined. 25.38 (12) B. Buildings one hundred (100) feet or more from the right-of-way - The total aggregate area for a main sign for any business in a building located one hundred (100) feet or more from any right- of-way upon which it faces shall not exceed the equivalent of one and one-half (1'z) square feet of sign area per lineal foot of frontage which the building has facing on a public right-of- way or parking lot. Except as provided herein, such signs shall have a surface area no greater than seventy-five (75) square feet. No such sign shall be closer than ten (10) feet from any other sign permitted hereunder. Such a sign must be located ad- jacent to the right-of-way or parking lot from which its maximum allowable size is determined. C. Additional sin area for a single business in a building having over fifty 5bfeet of frontage - A single business having a lineal frontage or any right-of-way in excess of fifty (50) feet may be allowed, in addition to A or i3 above, an additional one (1) square foot of sign area for each two (2) feet of front- age in excess of such fifty (50) feet up to one hundred (100) feet, and an additional one (1) square foot of sign area for each four (4) feet of frontage in excess of one hundred (100) feet. 25.38-12.02 Frontage on Two or More Streets or Parkin lots A. Frontage on two or more streets - A business in a building facing on more than one (1') right-of-way shall be allowed the authorized sign area on each street which it faces, provided that the areas may not be accumulated on one (1) right-of-way and shall not ex- ceed the allowed area of any ore-(1) right-of-way. Location and design of such sign combinations must be approved by the Design Review Board Process so as to eliminate clutter and incompatibility of signs. B. Frontage on Parking Lots - 1? business having frontage only on a common usage or public parking lot or a business which has a rear frontage on a common usage or public parking lot may be allowed a single sign on said frontage, on the basis of one (1) square foot of sign area per lineal foot of frontage on said parking lot not to exceed fifty (50) square feet. No such signs shall be closer than ten (10) feet from any other sign permitted hereunder. 25.38-12.03 Height A. Wall Signs - The top of such signs shall not be higher than the eave line of the building on which it is located as measured from the under side of the eave and in no event higher than twenty (20) feet. (See definition of Wall Sign for clarification of pave line and see Section 25.38-6 Adjustments for special circumstances for unique roof designs.) 25038 (13) B. Free Standing Signs - Except as otherwise provided herein, free standing signs shall be prohibited on a single parcel of property where there is more than one business. Where authorized for a single business, a free standing sign shall not be located on the public right-of-way and shall not exceed twelve (12) feet in height. The size of the free standing sign shall not exceed the limitations of Section 25.38-12.01 inclusive and shall be in lieu of any wall signs. 25.38-12.04 Second Story Businesses Businesses maintained exclusively on the second floor of a two (2) story building may be allowed up to fifty percent (50%) of the sign area authorized for businesses conducted in single story buildings by the Design Review Board Process. 25.38-12.05 Sign for Pedestrian Traffic Where the principle sign for a business is located so that it cannot be seen by pedestrian traffic, an identification sign, in addition to that otherwise allowed in this Article, shall be permitted. Such a sign shall be no larger than three (3) square feet (three (3) feet on each side) and it shall be designed and located so as to not dis- tract from the appearance of the building or violate the intent of this Ordinance. 25.38-12.06 RESERVED 25.38-12.07 Temporary Signs within Window Areas Temporary informational signs not to exceed a maximum of five (5) square feet of the window area of a business may be used. Such signs shall be located on the inside of the window and shall not require prior approval of the•City. 25.38-12.08 "Sale" Signs While a sale of goods or services is being conducted, one (1) "sale" sign shall be allowed, located on the inside of the window. Such a sign shall be in addition to the total authorized sign area but shall not exceed ten (10) square feet. When improperly used, "sale" signs constitute a public nuisance and may be abated as such. 25.38-12.09 Listing of Business Associates In addition to the other sign usage authorized herein, each separate business shall be allowed lettering on or behind windows facing the public view indicating the owners, operators, or business associates exercising the use, provided that such lettering shall be enclosed within a single area and shall not exceed a total of three (3) square feet. 25.38-12.10 Use of Attraction Boards by Night Clubs In addition to the permitted sign area, one (1) attraction board to advertise night club, theatre, or cabaret entertainment shall be al- lowed, provided that the location has the required off-street parking as set forth in the Palm Desert Ordinance Code. No permit shall be 25.38 (14) issued, nor shall any person erect an attraction board until its design and location are approved as provided for herein. A. The maximum allowable size for an attraction board shall be twenty-five (25) square feet if facing on a street; or fifteen (15) square feet on each side if the faces are at right angles to the street. The advertising on the attraction board shall be limited to coming and current entertainment only. Attrac- tion boards shall not be used to advertise rates or prices of attractions. 25.38-12.11 Gasoline Service Stations Gasoline service stations shall be limited to those signs as approved by the Planning Commission as a part of their action on a conditional use permit and/or amendment thereto for the service station which shall in no event exceed the following limitations: 0ne double-faced free standing monument sign not to exceed twenty- four (24) square feet in area or not to exceed eight (8) feet in height, and advertising only the name of the company. 0ne ten (10) square foot wall sign advertising the company name and/or operator. 0ne wall or ground sign, not exceeding eight (8) square feet in area or eight (8) feet in height for a ground sign, advertising the actual lowest price per gallon including all taxes at which regular, premium, and unleaded gasoline: are currently being of- fered. Any special conditions required For sa;e at such lowest price shall also be indicated. 25.38-12.12 Signs in District and Regional Shopping Centers In 'addition to the wall sign area allowed for individual businesses, shopping centers in excess of three and one-half (312) acres of land shall be allowed one (1) identification sign on each right-of-way. Such signs shall not extend beyond the property line or into the right-of-way and shall be used solely to identify the shopping center, shopping area, or businesses and/or activities conducted therein. Re- lative to such signs, the allowable sign area shall be based on five (5) square feet of sign per acre. These signs shall not exceed twenty- five (25) square feet, shall have a maximum height of eight (8) feet, and shall not be erected without first having proper approval as' pro- vided herein. Further, where the unique design of the center allows for adequate in- tegration of a larger sign the permitted pedestrian traffic signs as allowed in Section 25.38-12.05 may be increased to a maximum of six (6) square feet per side. In addition, one (1) rider not to exceed five (5) inches by sixteen (16) inches may be installed at the bottom of any ap- proved real estate sign. 25.38 (15) 24.38-12.13 Sale and Rental Sins Commercial and industrial properties shall be authorized sale or rental signs on the, following basis: Under 22 acres 1 sign Over 22 acres, but less than 5 acres - 2 signs Over 5 acres 1 sign per street frontage These signs shall not exceed three (3) square feet in area or four (4) feet in height and shall be designed and located in a manner satisfactory to the Director of Environmental Services. Such signs shall be removed upon completion of escrow or within thirty (30) days from the opening of escrow, whichever occurs first. 25.38-13 SIGNS IN RM ZONES --SIGN AREA A mobile home park shall be allowed one (1) externally lighted or unlighted identification sign not exceeding the equivalent of one (1) square foot of sign area per ten (10) lineal feet of frontage on each right-of-way upon which the business fronts. No sign shall have a surface area of greater than thirty (30) Square feet and may be erected at right angles to the right- of-way. (1) Free Standing Suns - Free standing signs shall not exceed eight (8) feet in height. (2) Sale and Rental Signs - Mobile home park properties shall be authorized one (fY sale or rental sign while the property is actually for sale or rent. These signs shall not exceed three (3) square feet in area or four (4) feet in height and shall be designed and located in a manner satisfactory to the Director of Environmental Services. In addition, one (1) rider, not to exceed five (5) inches by sixteen (16) inches may be installed at the bottom of any approved real estate sign. 25.38-14 RESERVED 25.38-15 RESERVED 25.38•-16 GENERAL PROVISIONS The following general sign usage provisions and regulations shall apply for all signs. The basic intent is to protect the public and property owners against downgrading of aesthetic and property values. Therefore, any additional sign usage authorized hereunder shall be strictly construed in its application. 25.28-16.01 Design Review Board Process Each sign shall be submitted to the Design Review Board Process prior to its erection. In the case of new developments, a signing program shall be submitted as part of the Site Plan Review procedure. 25.38 (16) 25.38-16.02 Sign Review Criteria All signs which are regulated by this Article shall be subject to the approval of the Design Review Board Process. In approving or rejecting a particular sign permit, the reviewing body shall utilize the following review criteria: (1) That the sign is necessary for the applicant's enjoyment of sub- stantial trade and property rights; (2) That the sign is consistent with the intent and purpose of this Article and Zoning Ordinance; (3) That the sign does not constitute a detriment to public health, safety, and welfare; (4) That the size, shape color, and placement of the sign is com- patible with and bears a harmonious relationship to the building it identifies; (5) That the size, shape, color, and placement of the sign is com- patible with and bears a harmonious relationship to the neigh- borhood and other signs in the area; (6) That both the location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) are legible under normal viewing conditions prevailing where the sign is to be Installed. (7) That the location and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs; (8) That the location and design of the proposed sign - its size, shape, illumination, and color - are compatible with the visual characteris- tics of the surrounding area so as not to detract from or cause de- preciation of the value of adjacent developed properties; and That the location and design of a proposed sign in close proximity to any residential district does not adversely affect tlie value or character of the adjacent residential district. 25. 38-16.03 Signs Facing Private Proper j Prohibited All signs authorized hereunder must be placed on the side of property facing on public or private right-of-way. 25.38-16.04 Required Information on Signs Each sign shall have the name of the maker, the date of the erection, and the permit number. Such information shall be clearly legible and on the lower right hand corner of the face of the sign in a conspicuous place. As an alternative, a decal issued by the City as a part of the sign approval process may be placed on the sign at a location visible and readable from the public or private right-of-way (9) 25.38 (17) 25.38-16.05 Proper Maintenance of Signs The user, owner, or leasee of a sign authorized hereunder shall main- tain it in a manner satisfactory to the Director of Environmental Ser- vices or his authorized representative. All signs shall be maintained in a neat attractive condition and in adequate repair. 25.38-16.06 Number of Colors Allowed All signs regulated by this Ordinance shall contain no more than four (4) complimentary colors. Black and white shall be considered as colors. 25.38-16.07 25.38-16.08 RESERVED Glare from Signs All illuminated signs in all zones shall be designed in such a manner as to avoid undue glare or reflection of light on private property in the surrounding area, in no event shall any sign exceed ten (10) candlepower at ten (10) feet from the face of the sign. 25.38-16.09 Location of Right Angle Signs Right angle signs on faces of buildings shall not extend over eighteen (18) inches beyond the face of the building where located, except for pedestrian oriented signs. No right angle sign shall extend below eight (8) feet from the sidewalk or the right-of-way. Right angle signs supported by posts or standards shall not exte.f•d beyond the property line or into the public right-of-way... 25.38-16.10 Obstruction of Passa_e Signs shall not be constructed so as to obstruct any door, window, or fire escape of any building. 25.38-16.11 Maximum Sian Area Limitation Unless otherwise authorized by this Article, regardless of the zone where located, no sign shall exceed the maximum area necessary to i- dentify the use. 25.38-16.1.2 Exceptions to Sign Limitations Nothing contained herein shall prevent the erection, construction, or maintenance of official traffic, fire, and police signs, temporary traf- fic control signs used during construction and maintenance of utility facilities and substructure location and identification signs and markers required to protect these facilities, devices, and markings of the State Department of Transportation, the City Council, or of other competent public authorities, or the posting of the notices required by law. 25.38 (18) 25.38-16.13 Special Permits (1) Nothing herein contained shall prevent the City Council from granting a temporary special permit or otherwise permitting, on such terms as it may deem proper, signs or the like advertising or pertaining to any civic, patriotic, or special event of general public interest taking place within the boundaries of the City when it can be found that same will not be materially detrimental to the public welfare, interest, or safety, nor injurious to ad- jacent property or improvements. (2) Grand opening may be approved by the Director of Environmental Services subject to appropriate conditions. 25.38-16.14 Imitation of Traffic Signal No person shall place, maintain or display upon, or in view of any street or highway any unofficial sign, signal, or device, or any sig- nal, sign or device which purports to be or resembles an official traffic sign or signal or which hides from view any official traf- fic sign or signal. Any such signal may be abated forthwith. 25.38-16.15 Overhead Electric Conductors No sign or sign structure shall be erected in such a manner that any portion of its surface or supports shall be within six (6) feet hori- zontally of, or twelve (12) feet vertically of, overhead electric con- ductors which are energized in excess of 750 volts. 25.38-17 SPECIAL. PURPOSE SIGNS 25. 38-17. 01 Trade Con s(ruc t:i of _Signs One (1) unlit sign advertising the various construction trades shall be permitted on construction sites during the period that valid build- ing permit approval exists. Such signs shall not exceed three (3) square feet per twenty thousand (20,000) square feet of land arca with a maximum of thirty-tro (32) square feet in area. and shall be removed before a notice of completion is issued for the building being con- structed. No trade construction sign shall exceed eight (8) feet in height. 25.38-17.02 "No Tres pa inC " Signs A "No Trespassing" or "No Dumping" sign not exceeding three (3) square feet shall he authoi ed for each parcel of property in addition to other authorized signs and shall be located and designed to other authorized signs and shall be located and designed thereon in a manner satisfactory to the Director of Environmental Services or his autho- rized representative_ 25.38 (19) 25.38-17.03 Land Subdivision Signs Signs advertising land subdivisions shall be limited to one (1) double-faced'sign of thirty-two (32) square feet per side, placed at a right angle to the street or two (2) thirty-two (32) square foot signs facing the street. Such signs shall be at least two hundred (200) feet apart and shall be placed upon the subdivision. Such signs shall be removed at the end of two (2) years or when the subdivision is sold, whichever occurs first. These signs shall not be illuminated. 25.38-17.04 Lease Potential Signs One (1) sign advertising lease potential for future development, not to exceed twelve (12) square feet in area, fifteen (15) feet from any property line, shall be permitted for a single parcel multiple unit development. However, such a sign shall not be erected until Design Review Board approval is received for the proposed project, and all such signs shall be removed before a notice of completion is issued for the building or upon expira- tion of the Design Review Board Process approval. These signs shall face the street and shall not be illuminated. 25.38-17.05 Signs on Awnings, Etc. Painted, non -illuminated or indirectly lighted signs may be permitted on the borders or marquees, canopies, awnings, arcades, or similar structures or attachments if located and erected in i manner satis- factory to the Director of Environmental Services or his authorized representative. Such signs shall be included in the total authorized sign area. (1) Signs - Marg„i ees `Ind Canopies - Externally lighted signs shall be permitted on the upper or lower surface of fixed marquees and similar structures, the front face of which faces the public right-of-way, provi ded that the outer dimensions of such signs shall not exceed sixteen (16) inches in height, and provided further that each letter or image on such a sign does not ex- ceed twelve (12) inches in height. The location and design of such signs must be approved by � the Di rector of Environmental Services or his authorized representative. Such signs shall he included in the total authorized sign area. 25.38-17.06 Political Sign Regulations Applicants for political signs, as defined herein, shall comply with the following requirements: . (1) The applicant shall post a One Hundred Dollar ($100) cash bond with the City to guarantee removal of the political signs. (2) Each sign shall not exceed five (5) square feet in area. (3) The signs shall not be located closer together than five hundred (500) feet. (4) No political signs shall be allowed in any residential zone. 25.38 (20) (9) Such signs shall not be nailed to trees, fence posts, or affixed to public utility poles and shall not be located in the public right-of-way. All political signs shall be removed within ten (10) days after the election date or the bond posted shall be forfeited and the City shall use whatever part of the bond money as is necessary for removal. Any amount of the bond remaining shall be refunded upon request made within ninety (90) days after the election. No political signs will be posted earlier than forty-five (45) days prior to an election. The One Hundred Dollar ($100) bond requirement herein shall also apply to signs located at campaign or party headquarters. No fee or permit shall be required for the right to erect political signs but the applicant, or his agent, shall file with the Director of Environmental Services, a map or sketch, or otherwise adequately locating where the signs will be erected. The City shall establish a separate account to be entitled "Political Sign Removal", for the purpose of holding and accounting for the cash bond requirements of this section. Monies from this account will be used to remove signs illegally posted. Any surplus monies from this account may be used to remove signs posted without a bond. (10) No signs shall be permitted on trucks, automobiles, trailers, or any other movable vehicles except for bumper stickers or other equivalent stickers not exceeding five (5) inches by twenty (2.0) inches (5" x 20") in size. 25.38-17.07 Signs for_Publaic or QuasiPublir, Uses Directional and public convenience signs for public and quasi -public uses may be permitted on public property, The design must conform to standard directional sign specifications promulgated by the Director of Environmental Services and approved by the Design Review Board° The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the Director of Environmental Services. 25.38-18 ENFORCEMENT 25.38-18.01 Territorial Application of Ordinance The provisions of this Article shall apply to all territory within the City of Palm Desert. 25.38-18.02 Duty to Enforce Ordinance It is the duty of the Director of Environmental Services to enforce all of the provisions of this Article. 25.38 (21) 25.38-18.03 Compliance with Ordinance: Nuisance Abatement The Council hereby determines that the public peace, safety, morals, health, and welfare, require that all signs and advertising structures heretofore constructed or erected in violation of any Ordinance of the City of Palm Desert, or the County of Riverside, in effect at the time such sign was constructed or erected, be and they are hereby made subject to the provisions of this Ordinance. Such signs shall be made to conform and comply with such requirements as soon as reasonably possible after the effecting date of this Ordinance. All signs and advertising structures which are not made to so conform and comply within a reasonable time shall be and they are hereby declared to be public nuisances and may be abated in the manner provided by the Palm Desert Municipal Code. 25.38-18.04 Removal and Amortization Period Any sign and outdoor advertising structure or sign which is non -conforming to the requirements of this Ordinance, either by variance previously granted or by conformance to the existing sign regulations at the time of the initial permit for said sign was issued, shall either be removed or brought up to Code requirements within the period of time prescribed herein. 25.38-18.05 Amortization Schedule I The following schedule shall be utilized for signs that are determined to have only minor non -conforming elements. The application of this schedule is limited to any one (1) parcel of land which has signs that do not con- form to one (1) or more of the categories in Schedule 1 and must be abated or modified under Schedule I. If any portion of all of the non -conforming elements meet the classifications in Schedule II, it shall be the ruling schedule even though some element or elements would also meet Schedule I. AMORTIZATION SCHEDULE I Non -Conforming Section Period for Removal or Modification 25.38-4.02 Directional or Safety Signs Life of the Sign 25.38-16.03 Signs Facing Private Property Prohibited 25.38-16.04 Required Information on Signs 25.38-16.06 Number of Colors Allowed 25.38-16.08 Glare from Signs 25.38-16.09 Location of Right Angle Signs 25.38 (22) Life of the Sign Life of the Sign Life of the Sign One Year Life of the Sign AMORTIZATION SCHEDULE I (continued) Non -Conforming Because: Period for Removal or Modification The word "motel" is used. Life of the Sign Sign is closer than ten (10) feet to the sign,of another business. Life of the Sign More than one (1) main sign exists but the maximum sign area entitle- ment is not exceeded. Life of the Sign 25.38-18.06 AMORTIZAMON SCHEDULE II All signs that are non -conforming as to the requirements of the •following Sections shall be abated forthwith by Schedule iI: Section 25.38-5.01 Rotating, Moving, Flashing, Changing, Reflecting, or Blinking Signs Prohibited Section 25.38-5.02 Signs on Public Property o- Right -of -Way Prohibited Section 25.38-5.03 Section 25,38-5.0/1 Section 25.38-5,0/ Section 25.33 5.08 Section 25,38-11 through Section 25.38-11,0C Section 25,3 through Section 25.23-13 inclusive Signs not Advertising the Use, Name of Owner, Products, or Services Avilable on the Premises Prohibited Temporavy or Portabl Frce Standing Signs ComHnation :;- Roof Sions Signs in Residtial Zons Other Than Single Family Duu5I e Frontage Lots Signs in Comm2reThl and Industrial Zones Signs in PM Zones - Sign Area The intent of Amortization Schedule II is to cause abatement or modifica- tion of all non -conforming signs which have major non -conforming elements as specified by the above -described Sections. In order to utilie the abatement Schedule II set forth below, the owner of record, or his agent, shall make available the market value, as of January 1, 1977, of any sign or signs which have been deemed non -conforming by the provisions of these regulations within the Schedule II categories. The market value of non- conforming signs shall be based on the original cost, including cost of installation, of said sign less ten percent (10%) of the original cost 25.38 (23) per year for each year said sign has been standing prior to the effective date of these regulations. The date of erection of any non -conforming sign complying to Schedule II shall be established by the presentation by the owner of record of the sign, or his agent, of a certified copy of the corresponding building per- mit on file in the Department of Building and Safety of either the City of Palm Desert or the County of Riverside. Any sign erected without the is- suance of a valid building permit shall be deemed an illegal sign -and shall be removed immediately. All required documentation concerning the market value and erection date of any non -conforming sign shall be presented to the Director of Environmental Services within fifteen (15) days of reception of the notice of non-conformance. The Director of Environmental Services shall determine to his satisfaction the validity of all presented documentation. Any decision of the Director of En- vironmental Services may be appealed in accordance with Section 25.38-18.08. AMORTIZATION SCHEDULE II Period for Re,roval or Modification $ 10.00 or less Immediiately 1 year $1,000.01 to 52,500000 2 years $2,500.01 3 years $5,000.01 4 years OVER---- 5 years Adjusted Market Value of Sign $ 10.01 to $1,000,00 to $5000.00 to $10,000, 00 --$1.0,000.01 .5.38-18.07 Removal of Non Conforinin<l Sig Program Any sign that is in non -con] iance with the regulations of this Article shall be removed prior to or upon the date d s ic+nated for re wval inthe ' above abate- ment schedules. I1 the owner of, or the persons responsible for, the sign fails to remove the non -conforming sigh, within ten (10) days following notification, such non -action may be corrected ted a :h. option r; the City Court( a violation i �i^. ui' �:';� C�i .. ;i1 �s a a Council i select pursuethe following i t of this Ordinance, or the Cc�...tt:i�l may l(_,�� to �iol�lotr��n procedures: (1) The Director of Environmental Services, after proper notification, may cause the removal of any non•-confoming sign ard shall, at his discretion, charge the costs incurr:d. against any of the following, each of whom shall he jointly and severally l y liable for said charges • provided, j S ,f , l d, however, that any decision or determination of the Director of Environmental Services may be appealed in accordance with Section 25..38. 18.08 of this Article. (a) The permittee (b) The owner of the sign 25.38 (24) (c) The owner of the premises on which the sign is located. (d) The occupant of the premises on which the sign is located. (2) A sign removed by the City shall be held not less. than thirty (30) days by the City during which time it may he recovered by the owner upon payment to the City for costs or removal and storage. If not recovered prior to expiration of the thirty (30) day period, the sign and supporting structures shall be declared abandoned and title thereto shall vest in the City and the cost of removal shall be billed to the owner. 25.38-18.08 Ad Hoc Sigp Amortization Committee Within ninety (90) days after the effective date of this Article, the City Council shall, by resolution, establish an Ad Hoc Sign Amortization Committee. Said Committee shall establish the appropriate market value or amortization period for any legal non -conforming sign which is pre- sented by the owner of said sign. (1) Membership - The Committee shall consist of at least seven (7) members. a. Consisting of one (1) of each of the following: One (1) representative from the Chamber of Commerce 0ne (1) representative from the Board of Realtors 0ne (1) Council Member One .(1) Planning Commissioner One (1) De. i o Review Beard { :_'mt; r b. Two (2 from any of the fallowing fields of endcavor but limited to one (I) person per field: • Accountants • Building and Design Construction Retail 3u: i r,.:.s�:r;,,:�. (2) Selection The City Cou`:ci1 shall seie.t th,2 o _oresentatives from the Chamber of (Co 1ree and f-.1ord of .:ors from a list of three (3) It,,ov i..hd by each group, (3) -Termination . The Committee shall exist fors six (6) month period �_...., after its cstablishm-in . (4) Procedure An owner of a si or who objects to the proposed amortization period, or establ i shod m ke.t value, for his sign may request: a. re-evaluation by the Sign Amortization Committee‘ Such a procedure shall be initiated by the filing of a request for re-evaluation wi th the Di rector of Environmental Services who shall call a meeting of the Committee to make a judgnrznt. Upon notification by the City of the existence of a non- conforming sign and the City's estimated amortization period established by the utilization of the Schedules, the owner of said sign may appeal said established time periof to the Ad Hoc Amortization Committee. If the appeal includes a re- quest based upon an existing lease, said appeal shall be ac- 25.38 (25) e (5) companied by a notorized copy of the signed maintenance lease in effect on January 1, 1976. Criteria of Evaluation - The Amortization Committee shall establish the amortization period for any sign submitted to them based upon: A. Permit value of the sign at the time of original construction. B. Special circumstances applicable to the sign such as it being an integral construction element of the building, whose re- moval would require a major modification of the structure; or if the non --conforming character of the sign is determined by the Board to be so minor as to create an undo hardship. (6) Actions of the Amortization Board .._ The Board may affirm the established amortization period or establish a new amortization period for a sign under consideration. However, no extended amortization period shall exceed one (1) year or double the original allotted time. Confirmation of Board Actions - The City Council shall confirm or deny __. and refer back to the Committee for re- consideration, all findings of the Amortization Ccnirnittee within thirty (30). days after their 6e ci s ion . (7) 25.38-18.09 Unc main Article provisions Whenever the criteria is uncertain as to the arnb'iguity of the provisions, the applicant shall be referred to the Planning Commission for~ determina- tion. The Planning Ccn rission shall their authorize the sign criteria which best fulfills the intent of this Article. 25. 3c 19 EXr'EP l The Panning Commission may app o'%; & —ceptions rely+, -. to size, number, and location of signs after a Public li''aring in instances .:hr re an applicant is withexceptional circumstances ,s because'. e type or location of business, faced eXCC' Ll Or1;. I C1 r ! rir`> t-� -.., or is trying to achieve spcci, 1 design .:t.. The app1- can. must show a� i mil effect. e c`= e.t ..u, � r that: A. The sign will be integr°rtiel into the architecture of the building; and B. The sign will not be detrimental to neighboring businesses er the community in general. The approval of exceptions shall be consistent with the provisions of Section 25.39-5..01 25038 (26) 25.38-20 DISCONT INUA,Rc OF i{ BUSINESS Within ninety (90) days of the discontinuance of a business in any commercial or industrial zone or before a new business occupies the building, whichever comes first, the sign owner, his agent, or the property owner shall remove all non -conforming signs and the wording advertising or relating to the dis- continued business from all conforming signs. 25.38-21 NON -CONFORMING SIGNS MAINTENANCE Except for normal repair or maintenance not exceeding fifty percent (50%) of the value of the sign, no sign in existence upon the adoption of this Ordinance shall be modified, altered, moved or replaced, unless it is made to comply with the provisions of this Ordinance. 25.38-22 PENALTIES Any person, firm, or corporation willfully violating any of the provisions of this Article shall he subject to the provisions of City Ordinance 57, as amended from time to time. 25.38 (27)