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HomeMy WebLinkAboutRes No 2503PLANNING COMMISSION RESOLUTION NO. 2503 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 5th day of May 2009, hold a duly noticed public hearing, which was continued to May 19, 2009, 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. 2503 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: CAMPBELL, DELUNA, LIMONT, TANNER NOES: SCHMIDT ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission VAN G. TANNER, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 2503 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, highways, vistas and view sheds. 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 both existing commercial and residential or existing or proposed residential communities 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 25.68.130 (Abatement of 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 25.68.110 (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. 2503 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 Department's 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: Freestanding signs (monument signs); 2. Comprehensive sign programs in compliance with Section 25.68.100; 3. Individual signs for any building with more than 100 lineal feet of building frontage facing a public or private right of way; and 4. 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. 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 surrounding neighborhoods, and other signs in the area; 4 PLANNING COMMISSION RESOLUTION NO. 2503 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; 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; 5 PLANNING COMMISSION RESOLUTION NO. 2503 H. Governmental or other legally required posters, notices, or signs; 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, as defined in Section 25.68.150, 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; F Commercial mascots; 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); 6 PLANNING COMMISSION RESOLUTION NO. 2503 LJ l 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 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; O. 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; P. Temporary or portable freestanding signs, including A -frame and similar types of portable signs, except as otherwise provided in this Chapter; and Q. 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. 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. 7 PLANNING COMMISSION RESOLUTION NO. 2503 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. Joe'sJoe'1.1X � a m CIeaner$$ I f Sign Width Lettering With No Sign Board Lettering With No Sign Board I 71 r�J Sign Width SIGN Lettering With Sign Board 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 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. 8 PLANNING COMMISSION RESOLUTION NO. 2503 r I L 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. 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%). 9 PLANNING COMMISSION RESOLUTION NO. 2503 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. 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. 2503 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. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval. 11 PLANNING COMMISSION RESOLUTION NO. 2503 TABLE I SIGNS ALLOWED IN RESIDENTIAL ZONING DISTRICTS Additional Requirements Name of occupancy and address only Name of complex only Name of complex only Name of complex only Lighting Allowed (73 i - O 76 E W To E W O Ws E W O Location Requirements Near main entrance C_ ca E Ick5 a) V C C p QN At primary entrances to residential community O E L' O (p a) t E C a) Q,_ o Y O <a Eo. Maximum Sign Height Below eave of roof or parapet or 4 ft. if on pole Below eave of roof or parapet for wall sign c Maximum Sign Area 6 V) CV 10 sq. ft. plus one additional sq. ft. for each 10 units. Max. 50 sq. ft. total 40 sq. ft. total One sq. ft. of sign area for each 10 lineal ft. of street frontage. Max. 40 sq. ft. total Maximum Number One per single- family use One sign per complex. Alternative: 2 signs per main entrance. With max. 15 sq. ft. each Two signs per primary entrance One sign per street frontage Allowed Sign Types c 0) N C a) O j _ O E Wall or monument sign co cn t a) O = _ O E Sign Class 1. Name plate - Single-family uses 2. Identification sign - Multi -family or condominium complex 3. Identification sign - Residential community 4. Identification sign - Mobile home park PLANNING COMMISSION RESOLUTION NO. 2503 TABLE I SIGNS ALLOWED IN RESIDENTIAL ZONING DISTRICTS Additional Requirements Allowed for churches, day care centers, private clubs, and similar uses. Only for commercial uses allowed with a CUP (offices) in the R-3 zone. Only for hotels and motels allowed with a CUP in the R-3 zone. 8. Temporary signs - See Section 25.68.090 (Temporary Signs) Lighting Allowed To c L x LLJ O To c L X LLl O Standards shall be the same as for uses in commercial and industrial zones. However, the number of signs, sign area, height, and illumination may be reduced if the use is located in or adjacent to a residential zone. Location Requirements At primary entrance At primary entrance Maximum Sign Height Below eave of roof or parapet for wall sign. 6 ft for monument sign Below eave of roof or parapet for wall sign. 6 ft for monument sign Maximum Sign Area 20 sq. ft. 20 sq. ft. Maximum Number One sign One sign Allowed Sign Types Wall or monument sign Wall or monument sign Sign Class 5. Identification sign - Nonresidential uses 6. Identification sign - Commercial uses (offices) 7. Identification sign - Hotels and motels PLANNING COMMISSION RESOLUTION NO. 2503 TABLE II SIGNS ALLOWED IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Additional Requirements Building wall mounted signs k co 6 2 \ Lighting Allowed ƒ Sign Location Requirements 2 >.. ƒoEtE c - o 0 0 3 2- CI: @ = E 7/2•k/k Maximum Sign Height E a) -c a) /11-Ea m 2 0 m 0 Maximum Sign Area k )as e @J k3 ® 5£ as 545 at 0 k k3 x /kk / k § 0) mJ \5 a £ 2 5 0ck ¢/ 2kk(c 0- co as as ®/c x k Maximum Number of Signs E 2 _o a) ai a 9 c c Ok Allowed Sign Types 2 = o E. «5 k m 0 2 c E6 �/ k� E& ■ com§§ & _ W. c CD ' Ck �E �_ m2 �.- °C L° 25 2_o ® @ E % » ?R �± Eg _c2 ..a /2 cd / /E. �E kk 0 1 col 2 2 0 1- -J 0 W et 2 0 cn 2 0 U 0 Z 2 2 -J a Additional Requirements Q. k d \ Q k ¢ \ Lighting Allowed ƒ ƒ Sign Location Requirements Q / a 2 >,' m / a Jo >,• ƒ��ƒc ƒ��ƒ� TABLE II COMMERCIAL AND INDUSTRIAL ZONING u) o Q o> 2\ m@ R 2\ c c E§' k\: 2 E§ J 7g\�k%f /2\�k%2 Maximum Sign Height a)a) a)- §cm ƒ /�- §J cn ƒ f 05 03 22 a gS 2� 3?/% 35�q Maximum Sign Area k k4-E 4-E�ƒ 75 sq. ft. of sign area for first 100 ft. of frontage; and 0.25 sq. ft. of sign area for each lineal ft. of building frontage in excess of 100 ft. Max sign area as approved by ARC. 100 sq. ft. of sign area for first 100 ft. of frontage; al& S- a e ° a§# a / \com-0? .\§: 2 7®"»3 0 (w--_a? as 0)2 ± - E a®ca2 7 2 ±454555 a • Q 0 0) @ 513155/ )$ CIS c c.„ c/ / 2 oc CO // 2�6§k N-0) ƒ Maximum Number of Si ns E c / \ .0 � k mf ,c- co �k a)f 3k cn in ■ -o o k - k b a) 2Q.�c 0 • 0E °0 06 2.-c- Ef c. $/ o — k — 0.) .a) \ k §� m3> & m E& c lc. Business identification sign Within 100 ft of public ROW lc. Business identification sign CD a) ■ _/ CA§ /a Ek C 0c Ck20 0 c6 U) 2/ CO § t xi "CI) E �9 f/2, c g CL \ E k K M PLANNING COMMISSION RESOLUTION NO. 2503 1— Additional 1 Requirements , % 2/ @ q) u)2.§2£� :$/�/ k c 2 aas / f o @ @ — @ c o E c G e 9 /2�'a5E'\ m /7k. %/f / m/'§ f 2 c o c > 0 @ �cfo \ 1 Lighting Allowed ƒ k I Maximum Sign !Sign Location Height Requirements / a) a) TABLE II COMMERCIAL AND INDUSTRIAL ZONING / ¥: Ef .5 07R @ o E /a/ 0 - 0Jc g3E k�00 m5Eq 0J) 3-c "am/ m5cq Maximum Sign Area and 0.25 sq. ft. of sign area for each lineal ft. of building frontage in excess of 100 ft. Max sign area as approved by ARC. The total aggregate sign area of the secondary sign(s) together with the primary sign shall not exceed the maximum sign area allowed for the business as determined by items la, lb, and lc above. Single tenant building; 1/2 the sign area allowed for the front of the building. Multi -tenant building; 16 inch high letters Maximum Number of Signs 0 c E D�a�CO 3 E 2 c �CO c k\/%k ctl •7& 2/( 0 0 c Q wmEas£ Qa Allowed Sign 1 Types 2 0 \ a o £ 0 c o /k EE c7 §? .c c- \— (@ �. \— dk Ea C� Sign Class cont. More than 100 ft from public ROW c a) .- c CD ID' 2 0 0 ■ o / $m L. §$ / c 0 2 2 C 0 > . 0 c V 7 m csi2 m_a \ ili§ a c:2 'I E WNW M O N 0 z z 0 0 cn W z 0 U) co U lop z z J a cn 1- co Z Z 0 N J cc co J Q co << 2 2 0 z W 0 J - J V V) O >- v a) c V • a) c o c U E o a) C_ E O • 5 2E oa) m do Zin N U in O +05 c 0 a) 0) c .N 0) a) C N Freestanding monument signs 25.68.080 B Max. sign area 50 sq. ft. a) Q m co a) 0 ai 0) co c 2 4) 4)) PLANNING COMMISSION RESOLUTION NO. 2503 TABLE II SIGNS ALLOWED IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Additional T, Requirements m o co 0 co cri N Miscellaneous signs u.i 0 co 0 co cri N 25.68.080 D. Lighting Allowed 0) O >- 0 Z 0 Z Sign Location Requirements Placed on the awning or awning valance, but not on both. On inside of window surface. Maximum Sign Height 0 c— u)0���° u) U a) • _ Y OL+— a)(BLO D E () u) N Z a) L V) a) '-. L a) a)O a) U LLc U co 0 O C L a) u) a) Not allowed above ground floor windows. Maximum Sign Area 10 sq. ft. per acre of subject site. The sign area of the monument sign shall be in addition to the allowed sign area for the building. Max. sign area 100 sq ft. Letter height shall not exceed one-third of the awning height. 25% of total window area facing a public street or public parking area including temporary window signs. Maximum Number of Signs a) i 0) a) co Q .-- C C O u) +. a) a) C 0 One sign per awning. Allowed in addition to other signs. One sign per individual window. Allowed in addition to other signs. Allowed Sign Types i O O) O) _ .. C a) (6 E (7O O lL E Permanent awning sign Permanent window sign c) C c N a C V) V C 2 O CO• .m E _ =L Q) to :2 2 co 6. Business identification sign Awning sign 7. Business identification sign Window sign M O N 0 Z Z 0 H J 0 W re Z 0 co 2 U C9 Z_ Z Z J a TABLE II SIGNS ALLOWED IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Additional Requirements Allowed only if the principal sign cannot be seen by pedestrian traffic. 25.68.080 G. 25.68.080 L. 2 0 0 0 co 0 cci CV Lighting Allowed o z cn O >- co a) >- Sign Location Requirements C ci) C ca O C fa V Eo��, (o C a) �b a�-o Zaa))oa O L C 'C C r� .V O — •� O z,U o ccao>,o(7,E — OL a ca a) c) 3 nv > cLpa) ooaE r Maximum Sign Height • E O o E 2E X CO •oc 0.o w Below eave line of building and not higher than 20 ft. O o o"= C cts c O v scan Maximum Sign Area 3 sq. ft. May be two sided. 25 sq. ft. for flush - mounted. 15 sq. ft. per side for projecting. 0• N CO Maximum Number of Signs One per establishment. Allowed in addition to other signs. One per establishment. Allowed in addition to other signs. C a) E L L a) 0 a:8- a) CD C Om Allowed Sign Types Building -mounted Flush -mounted, projecting, or hanging. Building -mounted Flush -mounted or projecting. "0 0 a) �- c vo) as • o .N� E3o:.4-�0 ex 0 0w 3.0u�')asE,c2 m 82 a22a= Sign Class 8. Business identification sign Pedestrian oriented sign 9. Attraction boards Theaters and nightclubs 10. Menu board Restaurant menu board PLANNING COMMISSION RESOLUTION NO. 2503 Additional Requirements 25.68.080 K. 12. Gasoline service stations. See Subsection 25.68.080 N. (Gasoline Service Stations) 13. Temporary signs - See Section 25.68.090 (Temporary Signs) Lighting Allowed O Z TABLE II SIGNS ALLOWED IN COMMERCIAL AND INDUSTRIAL ZONING DISTF Sign Location Requirements Near main entrance to courtyard or plaza and oriented to pedestrians. Maximum Sign Height Maximum Sign Area 1.5 sq. ft. of sign area per tenant, plus an additional 2 sq. ft. to provide directions to the courtyard or plaza. Maximum Number of Signs One per courtyard or plaza. Allowed in addition to other signs. Allowed Sign Types Wall or ground sign N N as 11. Multi -tenant courtyard or plaza Business directory U c co V) PLANNING COMMISSION RESOLUTION NO. 2503 25.68.080 — Standards for Specific Types of Permanent Signs A. Building -mounted wall signs. 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. Appropriate Wall Sign Location Not Allowed 21 PLANNING COMMISSION RESOLUTION NO. 2503 2. Electrical raceways for signs shall be designed as an integral part of the sign or building design and shall not be visible. 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. Appropriate Wall Sign Location 22 PLANNING COMMISSION RESOLUTION NO. 2503 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. Required Separation for Wall Signs B. Freestanding monument signs. 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. 2503 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. Main Building Sign Secondary Signage 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. 7. Slogans, mottos, or sayings may be used instead of secondary business signage. 24 PLANNING COMMISSION RESOLUTION NO. 2503 D. Window signs - permanent. 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. 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. 4. 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. 2503 5. Awnings shall not contain phone numbers. F. Projecting signs. 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" signs; 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. Businesses in the commercial and industrial districts may place a pedestrian oriented, pedestal mounted "open" sign 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. 2503 u 3. For businesses on El 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 a maximum of 16-inch high letters; 3. All signs facing the freeway shall use a single color, except for federal trademark signs, 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. 2503 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 25.68.130 (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. 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. 2503 TABLE III TEMPORARY SIGNS Sign Type Maximum Number Maximum Area Maximum Height Duration Additional Standards Temporary window signs Commercial and Industrial Zones Lineal feet of One sign One sign One sign 20 sq. ft. (1) Max. 25% of total window area 50 sq. ft. (1) Max. 25% of total window area 75 sq. ft. (1) Max. 25% of total window area N/A 30 days Allowed for sales and promotions. Placed on inside of window. See Notes (1) and (2) at the end of the table for additional information in certain cases. window area 50 lineal ft. or less 50 lineal ft. to 100 lineal ft. More than 100 ft. Special signs Special event banner One sign Building- mounted or freestanding. 30 sq. ft Below eave line of building. 30 days per year 25.68.090 D, New business establishment identification One sign. See Section 25.68.070 1 a, 1 b or lc. Below eave line of building. 60 days Allowed only while permanent signs are being obtained. 29 PLANNING COMMISSION RESOLUTION NO. 2503 TABLE III TEMPORARY SIGNS Sign Type Maximum Number Maximum Area Maximum Height Duration Additional Standards Trade and construction project signs One sign per street frontage. Shall not obstruct visibility at intersections. 16 sq. ft. per 20,000 sq. ft of site area. Max.32 sq. ft. 8 ft During active building permit. Removed before notice of completion. On property where construction is taking place. Shall list only firms connected with the development project. New residential development New subdivision identification sign I double face sign, or 2 single face signs per street frontage. 48 sq. ft. per sign face 8 ft. Until all units in the project are sold New subdivision directional signs Two signs per street frontage 15 sq. ft. each 8 ft. Until all units in the project are sold Sign placement to direct persons to the subdivision entrance. Realty and lease signs Realty sign - Single-family residential One sign per street frontage 3 sq. ft., plus one rider sign; 5 in. X 16 in. 4 ft. During time when realty is offered for sale or rent. 25.68.090 Realty sign - Open house sign One sign per street frontage 3 sq. ft. 4 ft. While a salesperson is physically present on the premises 25.68.090 Realty sign - Other than single-family in a residential zone. One sign per street frontage 12 sq. ft. 4 ft. During time when realty is offered for sale or rent. 25.68.090 30 PLANNING COMMISSION RESOLUTION NO. 2503 TABLE III TEMPORARY SIGNS Sign Type Maximum Number Maximum Area Maximum Height Duration Additional Standards Lease potential sign- Future development One two-sided sign per street frontage 32 sq. ft. 6 ft. Displayed after ARC project approval. Removed before notice of completion. May advertise lease potential for future development prior to and during construction. No riders outside of the 32 square foot area. Realty sign - Nonresidential zones One two-sided sign per street frontage. 16 sq ft. 6 ft. During time when realty is offered for sale or rent. No riders outside of the 16 square foot area. Shall not be illuminated. Personal property sale, block party, or similar event One sign per street frontage 3 sq. ft 4 ft. 2 days within a 30-day period. Only on the property where the event is being held. 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. 2503 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 non- residential 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. 2503 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. 2503 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 — Nonconforming Signs A. Lawfully permitted nonconforming signs. 1. Lawfully permitted 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 signs. . 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. 34 PLANNING COMMISSION RESOLUTION NO. 2503 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 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. 25.68.120 — Abandoned Signs A. Removal of abandoned signs. 1. An abandoned sign or an abandoned nonconforming sign shall be removed within 30 days 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 removed within 30 days 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 35 PLANNING COMMISSION RESOLUTION NO. 2503 Sign Notification shall serve as prima facie evidence of intentional permanent abandonment of the sign. 25.68.130 — 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 shall be abated by the City. 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 file an appeal regarding the decision or notice within 10 days thereafter to the City Council pursuant to the provisions of Chapter 8.20 of this Title. 25.68.140 - 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. 25.68.150 — 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. 36 PLANNING COMMISSION RESOLUTION NO. 2503 "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. "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 mascot" 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. "Freeway signage" means any building sign that is visible and has frontage along the Interstate - 10. "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. 37 PLANNING COMMISSION RESOLUTION NO. 2503 "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. "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, exchange 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 anything 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 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 any 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 where 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. 38 PLANNING COMMISSION RESOLUTION NO. 2503 "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. 39