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HomeMy WebLinkAboutRes No 1884PLANNING COMMISSION RESOLUTION NO. 1884 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT RELATING TO NON-COMMERCIAL SIGNS. CASE NO. ZOA 98-5 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of August, 1998, hold a duly noticed public hearing to consider the amendment of Zoning Ordinance Section 25.68 relating to non-commercial signs; 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. 97-18," in that the Director of Community Development has determined the amendment to be a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony 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 recommend approval of the Zoning Ordinance text amendment: 1. The proposed amendment relating to non-commercial signs is consistent with the intent of the Zoning Ordinance and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commis. ion in this case. 2. That it does hereby recommend approval to the City Council Case No. ZOA 98-5 as provided in the attached exhibit labeled "A". PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of August, 1998, by the following vote, to wit: AYES: BEATY, FRNANDEZ, CAMPBELL NOES: FINERTY ABSENT: JONATHAN ABSTAIN: NONE SONIA M.- CAMPBELL, Chairperson ATTEST: PHILIP DRELL, cretary Palm Desert Pla ning Commission PLANNING COMMISSION RESOLUTION NO. 1884 EXHIBIT "A" SECTION 1 That Section 25.04.750 be amended to read at the beginning: "Except as otherwise provided, "sign" means..." SECTION 2 That Section 25.68.080 D is hereby deleted. SECTION 3 That Section 25.68.020 is hereby amended to add the following definitions: Y. "Non-commercial message" means a message which does not advertise, announce or attract attention to places or things offered for sale, lease or hire, or products, goods, businesses, or services. A non-commercial message includes a message expressing an opinion or ideology. Z. "Non-commercial sign" means a sign bearing a non- commercial message. AA. "Temporary sign" means a sign that is: painted upon a window, or constructed of cloth, canvas, cardboard, poster board, plastic, light -weight aluminum, or other Tight temporary materials, with or without a structural frame; and affixed or erected by means of a temporary method of erecting, hanging or affixing, such as by one or more ground stakes, tape, pins, tacks, staples, or other easily removable method; and intended for a temporary period of display. SECTION 4 That Section 25.68.020 P is hereby amended to read: P. "Political sign" means a non-commercial sign whose message relates to the election of one or more persons to public office, or one or more measures, initiatives or ballot proposals, on an election ballot to be voted on at an election called by a public body. SECTION 5 That Section 25.68.020 U is hereby amended to read: 2 PLANNING COMMISSION RESOLUTION NO. 1884 U. "Sign" means anything of visual appearance, including but not limited to any word, numeral, letter model, banner, flag, pennant, poster, insignia, device, design or trademark which is affixed to, painted on, or represented upon a building, structure, window, piece of land or natural object, and which is in the nature of or used as an announcement, direction or advertisement by attracting attention to a topic, object, place, activity, person, product, institution, organization or business; together with all parts, materials, frame and background. A sign shall not mean displays of merchandise or products for sale on the premises, or signs inside buildings except when less than three feet behind a window and facing public view, or ornamentation, design, statuary, architecture, landscaping, pictures, paintings or other such art forms unless, in the case of any exceptions listed in this chapter, the attraction, because of location, size, use or the nature thereof, has the substantial effect of attracting attention for identification purposes when viewed from an outside public area. The basic intent behind this definition is not to discourage product displays, design or art forms epitomizing simplicity, good taste and compatibility with the community's desired image. SECTION 6 That Section 25.68.060 is amended to delete "department of environmental services" and replace same with "department of community development". SECTION 7 That the first sentence of Section 25.68.090 C (prohibited signs) is hereby amended to add at the beginning of the first sentence: "Except for permanent non-commercial signs or non- commercial messages,..." SECTION 8 That Section 25.68.100 is amended as follows: First Paragraph: Delete "director of environmental services" and replace it with "director of community development". Third Paragraph, First Sentence: Delete "director of environmental services" and replace it with "director of community development". 3 PLANNING COMMISSION RESOLUTION NO. 1884 Third Paragraph, Second Sentence: Delete "director of environmental services" and replace it with "director of community development". SECTION 9 That Section 25.68.130 ("realty signs") is amended to add the following at the end of that section: "Realty signs on vacant property shall comply with the registration requirements of 25.112.070." SECTION 10 That Section 25.68.170 ("other signs" in single family zones) is amended as follows: Add to Beginning of First Sentence: "Except as otherwise provided in this Chapter..." Last Sentence: Delete "director of environmental services" and replace it with "director of community development". SECTION 11 That Section 25.68.250 is amended as follows: Amend subsection B.: Delete "director of environmental services" and replace it with "director of community development". Add subsection C: C. Sales and rental signs on vacant property shall comply with the registration requirements of 25.1 12.070. SECTION 12 That Section 25.68.400 is amended to add subsection C as follows: C. Sales and rental signs on vacant property shall comply with the registration requirements of 25.1 12.070. 4 PLANNING COMMISSION RESOLUTION NO. 1884 SECTION 13 That the first sentence of Section 25.68.420 ("signs generally") is amended to read: "The following general sign usage provisions and regulations shall apply for all signs, except that sections 25.68.430, 25.68.440 and 25.68.460 shall not apply to temporary non-commercial signs." SECTION 14 That the first phase of the first sentence of Section 25.68.440 ("Sign Review Criteria") is amended to read: "All signs which require a sign permit pursuant to this Chapter..." SECTION 15 That Section 25.68.450 ("signs facing private property prohibited") is hereby deleted. SECTION 16 That Section 25.68.620 ("Political Sign Regulation) is hereby deleted. SECTION 17 That Chapter 25.1 12 ("Temporary Non -Commercial Sign Regulation") is hereby added as follows: 25.112.010 Temporary Non -Commercial Sign Regulation. 25.112.010. General Provisions. A. Non -Commercial Messages. Any sign authorized pursuant to, and otherwise complying with, this Chapter may contain a non-commercial message. Temporary non-commercial signs shall comply with the provisions set forth in Section 25.112." B. Public right-of-way. Except as otherwise specifically authorized in this Chapter, no temporary sign may be displayed, erected or maintained in or upon public property or the public right-of-way, including but not limited to, any public utility pole, street sign, shelter, bench or trash receptacle. C. Free standing signs. The maximum height of freestanding temporary non-commercial signs shall be six feet from ground level unless topographic or other physical features 5 PLANNING COMMISSION RESOLUTION NO. 1884 exist necessitating a higher sign. In no event shall the total sign structure height exceed ten feet from the ground. D. Sign Categories. The following categories apply to all temporary non-commercial signs: 1. Category A. Temporary non-commercial signs in residential districts in areas developed with a dwelling. For purposes of this 25.1 12.010, "areas developed with a dwelling" means: the entire lot if any portion thereof is developed with a single family homes; the demised premises of any occupied residential leasehold interest, such as an occupied mobile home lot or apartment unit; the non -common areas of a condominium or timeshare unit intended for use as a dwelling. 2. Category B. Temporary non-commercial signs in residential districts on vacant Tots. 3. Category C. Temporary non-commercial signs on developed lots in "Other Residential Zones" as provided in Part VI., Section 25.68.180 et. seq. 4. Category D. Temporary non-commercial signs on developed Tots in commercial or industrial zones. 5. Category E. Temporary non-commercial signs on vacant lots in commercial or industrial zones. 6. Category F. Temporary non-commercial sign or sign copy erected in lieu of an authorized permanent sign or permanent sign copy. 25.112.020. Category A Signs. One or more Category A signs may be erected and maintained by, or with the consent of, the dwelling owner or occupant. Each sign may contain any number of non-commercial messages. 25.112.030. Category B Signs. Subject to the registration requirements set forth in 25.112.070, one or more Category B signs may be maintained, but the total aggregate sign face area shall not exceed 12 PLANNING COMMISSION RESOLUTION NO. 1884 commercial messages. For each sign with a sign face area in excess of six square feet, the size of the individual text characters shall not exceed eight vertical inches. 25.112.040. Category C and Category D Signs. One or more Category C or Category D signs may be maintained, but the total aggregate sign face area shall not exceed six square feet. The maximum height of each sign shall be six feet unless topographic or other physical features exist necessitating a higher sign, but in no event shall the total sign structure height exceed ten feet from the ground. Each sign may contain any number of non-commercial messages. 25.112.050. Category E Signs. Subject to the registration requirements set forth in 25.112.070, one or more Category E signs may be maintained, but the total aggregate sign face area shall not exceed 12 square feet on Tots with frontage on the public right-of-way greater than 200 lineal feet, and shall not exceed three square feet on lots with frontage on the public right-of-way of 200 lineal feet or less. Each sign may contain any number of non-commercial messages. For each sign with a sign face area in excess of six square feet, the size of the individual text characters shall not exceed eight vertical inches. 25.112.060. Category F Signs. The owner or user of any permanent sign authorized under this Chapter may erect Category F sign copy containing one or more non-commercial messages in lieu of part or all of, and subject to the same size restrictions as, the permanent sign copy authorized. Such "in lieu of" temporary sign copy shall be affixed to the permanent sign within the permanent sign face. 25.112.070. Registration of Category B and Category E Signs. A. Registration. Temporary non-commercial signs in Category B or Category E may only be erected upon submission of a completed registration form to be provided by the department of community development. Registration forms shall be signed by the registrant and shall include: PLANNING COMMISSION RESOLUTION NO. 1884 (1) The name of the registrant and the mailing address to which any notices required by this Chapter 25.112 may be sent; (2) A general description of the sign and the location where it will be erected; (3) A statement affirming that the registrant is responsible for complying with this Chapter, including but not limited to sign maintenance and removal; (4) A statement affirming that the registrant has the permission of the property owner to erect the sign; and (5) A statement affirming, under penalty of perjury, that the registrant has read and understood the contents of the form. B. Registration Information Affixed to Sign. Upon submission of a completed registration form, the registrant shall be provided with a registration number. Each sign shall have the name of the maker, the date of erection, and the registration number clearly legible on the lower right hand corner of the fact of the sign. As an alternative, a decal may be issued by the city which shall be placed on the sign at a location visible and readable from the public right-of-way. Any sign that does not bear valid registration information shall be deemed non -complying and subject to all applicable penalties and abatement procedures. C. Consent of Property Owner. No Category B or Category E temporary non-commercial sign may be erected without the prior consent of the property owner. Any sign erected or maintained without permission of the property owner may be summarily removed by the property owner, or his or her authorized representative. D. Duration. The registration shall expire ninety days following it's submission to the department of community development. Notwithstanding the foregoing, the registration for a temporary political sign expires ninety days following it's submission to the department of community development, or seven days after the election, whichever occurs first. PLANNING COMMISSION RESOLUTION NO. 1884 E. Renewal or Removal Required. Upon expiration of the registration, the registrant must either remove the sign or complete a new registration form. Signs not removed or re- registered by the end of the next business day following the date of expiration shall be deemed non -complying signs and subject to all applicable penalties and abatement procedures. 25.112.080. Enforcement and Penalties. A. Violation - Infraction. Any person violating this Chapter 25.112 shall be guilty of an infraction, and upon conviction thereof shall be punishable by a fine not exceeding five hundred dollars ($500); and such person shall be deemed guilty of a separate offense for each day, or portion thereof, during which any violation of this chapter is committed or continued. B. Abatement. The director of community development shall not permit, and shall abate, any temporary non-commercial sign within the city which fails to meet the requirements of this Chapter 25.112 or other applicable law. In addition to the penalties set forth in 25.112.080(A), the director of community development, or his authorized representative, may remove any temporary non-commercial sign that is not in compliance. Prior to removal, the director of community development, or his authorized representative, shall give notice to the registrant, or the property owner if the sign is not registered, that the sign is not in compliance and is subject to removal. The notice shall specify the corrections necessary to restore compliance, including the option of voluntary removal of the sign; and shall warn the recipient that the sign will be removed if compliance is not restored within five days of the date of the notice, that such removal will be at the expense of the recipient, and that such removal shall be in addition to the penalties provided for in 25.1 12.080(A). Notwithstanding the foregoing, temporary signs found on public property or the public right-of-way will be summarily removed and stored at city hall. Notice shall be given to the registrant, if known, informing the registrant of the removal and lb. reasonable costs incurred, and warning that the sign will be stored at city hall for only ten days from the date of the notice PLANNING COMMISSION RESOLUTION NO. 1884 and, if not claimed within that time, shall be destroyed. Prior to releasing such stored signs to the registrant, the registrant shall pay the reasonable removal and storage costs and any other penalty due pursuant to this chapter.