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HomeMy WebLinkAboutRes No 2705PLANNING COMMISSION RESOLUTION NO. 2705 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO THE CITY COUNCIL TO REVISE PALM DESERT MUNICIPAL CODE SECTION 25.56 SIGNS AND MODIFY SECTION 25.99.020 LAND USE DEFINITIONS TO ALLOW FOR FREEWAY -ORIENTED MONUMENT SIGNS ON PLANNED COMMERCIAL DEVELOPMENTS ABUTTING INTERSTATE 10; AND ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: ZOA 17-070 WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did on the 14th day of December, 2016, review a proposed design for a freeway - oriented monument sign and provided comments related to specific design criteria and review requirements for freeway -oriented monument signs; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15t day of August 2017, hold a duly noticed public hearing to consider the request by the Fountainhead Development for approval of the above noted; and WHEREAS, the Planning Commission continued the request to their meeting on August 15, 2017, to allow additional sign design review by the City's Architectural Review Commission and for staff to research allowances for additional monument sign standards for height and quantity; and WHEREAS, the Planning Commission suggested that language be incorporated into the ordinance to allow for greater flexibility in sign height and size for more artistic and architectural sign designs; and WHEREAS, the use of freeway -oriented monument signs support planned commercial centers by providing additional visibility to travels along Interstate 10 and capitalizes on the visual benefits of freeway frontage; and WHEREAS, design criteria established in this ordinance will ensure that freeway - oriented monument signs will require enhanced architectural embellishments to enhance the visual appearance of planned commercial centers; and WHEREAS, the placement, maximum sign height, and sign limitations ensure that freeway -oriented monument signs are used sparingly and will minimize visual impacts to surrounding vistas, WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: 1 SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: PLANNING COMMISSION RESOLUTION NO. 2705 A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations and design criteria related to sign size, placement, and aesthetics. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Municipal Code amendment to Section 25.56 Signs and 25.99.020 Land Use Definition as shown in Exhibit "B" and Exhibit "C" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15311 — Class 11 in that CEQA exempts on -premise signs from environmental review. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 15th day of August 2017 by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION NANC ELUNA, CHAIRPERSON 2 Exhibit B — Sign Ordinance (Clean) Chapter 25.56 — Signs Sections in this Chapter 25.56.010 Purpose and Intent 56-3 25.56.020 Applicability 56-3 25.56.030 Sign Permit and Design Review Requirements 56-3 25.56.040 Exempt signs 56-6 25.56.050 Prohibited Signs 56-7 25.56.060 General Provisions for All Signs 56-5 25.56.070 Permanent Signs 56-10 25.56.080 Standards for Specific Types of Permanent Signs 56-18 25.56.090 Temporary Signs 56-29 25.56.100 Comprehensive Sign Program 56-33 25.56.110 Nonconforming Signs 56-35 25.56.120 Abandoned Signs 56-36 25.56.130 Abatement of Illegal Signs 56-36 25.56.140 Penalties 56-37 25.56.010 Purpose and Intent The intent of this chapter is 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. The purpose of these regulations is to: A. 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. B. 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. C. Protect the safety of motorists and pedestrians by minimizing the distraction of excessive and intrusive signs as well as to protect the life, health, property, and general welfare of residents and visitors. 25.56.020 Applicability 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 25.56.130 (Abatement of Illegal Signs). 3 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 this section 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 25.56.110 (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, Council, or of other competent public authorities, or the posting of the notices required by law. 25.56.030 Sign Permit and Design Review Requirements A. Purpose and applicability. This section provides a review procedure prior to the installation of signs, to ensure that the design implements the objectives of the General Plan and is consistent with the building site design and building architecture. B. 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. Signs that are exempt from this requirement are listed in Section 25.56.040 (Exempt Signs). C. Application contents. Applications for sign permits shall be made on a form provided by the Department and shall be accompanied by a fee as established by 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. D. Design review required. The following sign types and sign programs shall be submitted to the ARC for approval prior to approval of a sign permit application: 1. Freestanding signs (freeway -oriented monument signs and monument signs) require a sign design review as required by Section 25.68.050 (Sign Design Review). 2. All new awnings, including color change to existing awnings, shall require design review required by Section 25.68.050 (Sign Design Review). 3. Comprehensive sign programs shall be reviewed for compliance with Section 25.68.060 (Comprehensive Sign Programs). 4 ri 4. Individual signs for any building with more than 100 lineal feet of building frontage facing a public or private right-of-way shall be reviewed according to Section 25.68.050 (Sign Design Review). 5. Any sign that the Director determines should be reviewed by the ARC due to the unique design, context, color, size, shape, location, or circumstance of the sign are subject to the requirements of Section 25.68.050 (Sign Design Review). E. Sign Review Criteria. In approving or rejecting a sign permit application, the reviewing authority shall consider the design review criteria provided herein. 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; 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 any 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. 5 25.56.040 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. Nonresidential only; one identification sign not exceeding 1 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 25.56.090 (Temporary Signs). A temporary sign permit may be required in some instances. C. Signs inside a building set back 5 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 3 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 3 square feet shall be permitted for each property in addition to other authorized signs. H. Governmental or other legally required posters, notices, or signs. I. Political signs in compliance with the provisions of Section 25.56.090.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. K. Utility or telephone pay station signs. L. Bingo signs provided that said signs shall not exceed a maximum of 3 square feet in area; are not installed more than 48 hours before the event; and are 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 5.5 inches by 5.5 inches and no more than one specific identification poster not to exceed 7 square feet. 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 3 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. 6 25.56.050 Prohibited Signs The following signs, displays, and devices, as defined in Chapter 25.99 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 those placed in windows. H. Off -site outdoor advertising signs (billboards). 1. 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. Temporary or portable freestanding signs, except as otherwise provided in this chapter. N. Vehicle signs. 25.56.060 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. 7 B. Uncertainty of chapter provisions. The ARC shall have the authority to interpret the provisions of this chapter at the request of the Director, or when an appeal of a decision of the Director is filed with the ARC. C. Sign integration requirement. All signs shall be designed as an integral part of the overall building design and shall be located in a manner consistent with the building's design. D. Sign construction. Signs that are not temporary signs shall be constructed of permanent materials, including but not limited to metal, wood, acrylic, or other comparable durable weatherproof materials. E. Sign area computation. The area of signs shall be calculated according to Figure 25.56-1 (Sign Area Calculations). Figure 25.56-1: Sign Area Calculations LETTERING WITH NO SIGN BOARD k IG s IFOR TENANT; I, LETTERING WITH SIGN BOARD r ODD SHAPED SIGN IGNt� Sign Width SIGN Sign Width 8 L 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. 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 — freeway -oriented monument signs and 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 determines is appropriate given the physical characteristics of the site. Decorative features of the sign approved by the ARC may be excluded from the measurement of sign height. Figure 25.56-2: Sign Height Measurement —Monument Signs Sign Height G. Sign height —wall signs. The uppermost 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. 9 Figure 25.56-3: Sign Height Measurement —Wall Signs The upper most part of a wall -mounted sign shal.l not be higher than the eave line of the building on which it is located Tall Max 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 ARC may grant a waiver of this requirement provided all raceways, conduits, and similar devices are designed in a way that they appear to be part of the overall sign or building design. I. Frontage on two or more streets. A business on a lot that has frontage on more than one street shall be allowed the authorized sign area on each street; provided, that the permitted sign areas may not be accumulated on one street and shall not exceed the allowed sign area of any one street. J. Sign removal or replacement. When a sign is removed all brackets, poles, and other structural elements that supported the sign shall also be completely removed. All holes and affected building surfaces shall be restored to match the adjacent portion of the building. K. Sign colors. The standards for signs in this chapter are premised aesthetically on the use of limited colors per sign so as to minimize excessive contrast and thereby establish more readable, less confusing signs. Signs for commercial complexes, shopping centers, other commercial and industrial development, including individual businesses, shall be limited by the following: 1. Signs shall be limited to a maximum of three colors per sign. If a federally regulated trademark sign has more than three, then the maximum size allowed for that sign shall be reduced by 20 percent for each additional color. 2. For purposes of calculating reductions in size where more than three colors are involved, the maximum sign size resulting from the first 20 percent reduction shall form the basis for the second 20 percent reduction, and so on for each subsequent 20 percent reduction. For example, if the maximum size allowed for 10 a given three -color sign is 10 square feet, then the maximum size allowed for a five -color sign would be 6.4 square feet: 80% x (10 x 80%). 3. The ARC may waive the above -noted required size reduction or part thereof if it specifically finds that the proposed sign is desirable due to its quality, uniqueness, design, or other features determined by the ARC. L. Illuminated signs and lights. The following standards shall apply to all illuminated signs: Do This 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 (see Figure 25.56-4 below). Figure 25.56-4 Sign Illumination 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 magi 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. 11 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 shall require its immediate repair or removal in compliance with this 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 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, 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 by certified mall. 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 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. 12 25.56.070 Permanent Signs A. Purpose. 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. B. Relationship to other provisions. The tables contained within this section 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. C. Signs allowed in residential zoning district. Table 25.56-1 (Signs Allowed in Residential Zoning Districts) provides dimension and other development standards. 13 Table 25.56-1: Signs Allowed in Residential Zoning Districts Al lowed Sign Class Sign Types 1. Name plate Single-family uses Wall 2. Identification sign Multifamily or condominium complex Wall or monument sign 3. Identification sign Residential community Wall or monument sign 4. Identification sign Mobile home park 5. Identification sign Nonresidential uses 6. Identification sign Commercial uses (offices) 7. Identification sign Hotels and motels 8. Temporary signs Walor monument sign Max. Max. Sign Max. Sign Location Lighting Number Area Height Allowed One per single-family 2 sq. ft. use One sign per complex Alternative: 2 signs per main entrance with max. 15 sq. ft. each 10 sq. ft. plus one additional sq. ft. for each 10 units. Max. 54 sq. fl. total Two signs per primary entrance One sign per street lronlage 40 sq. ft. total One sq. ft. of sign area for each 10 lineal ft. of street frontage. Max. 40 sq. ft. total Below eave of roof or parapet or 4 ft. if on pole Below eave of roof or parapet for wall sign 6 ft. 6 ft. Near main Internal entrance only At or near main entrance At primary entrances to residential community At primary entrances to mobile home park Wall or monument sign One sign Wall or monument One sign sign 20 sq. ft. 20 sq. it 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 External Additional Name of occupancy and address only Name of complex only External Name of only complex only Extemal Name of only complex only At primary entrance At primary entrance External only Allowed for churches, day care centers, private clubs, and similar uses External only 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 See Section 25.56.090 (Temporary Signs) Only for commercial uses allowed with a conditional use permit (offices) in the F1-3 zone Only for hotels and motels allowed with a conditional use permit in the R-3 zone D. Signs allowed in commercial and industrial zoning district. Table 25.55-2 (Signs Allowed in Commercial and Industrial Zoning Districts) provides dimension and other development standards. 14 Table 25.56-2: Signs Allowed in Commercial and Industrial Zoning Districts Sign Class Allowed Sign Types Building -Mounted Signage la. Business Flush - identification mounted or sign projecting Up to 50 ft. of Building - building mounted wall frontage sign Within 100 ft. of public ROW More than 100 ft. from public ROW 1 b. Business Flush - identification mounted or sign projecting 50-100 ft. of building - building mounted wall frontage sign Max. Number of Signs One per building frontage One per building frontage Max. Sign Area 1 sq. ft. of sign area per lineal foot of building frontage Max. sign area 50 sq. ft. 1.5 sq. ft. of sign area per lineal foot of building frontage Max. sign area 75 sq. ft. 50 sq. ft. of sign area for first 50 ft of frontage, and 05sq ft of s gn area for each Iinea ft of building frontage up to 100 ft. Within 100 ft. Max sign f public area 75 sq. ROW ft. 75 sq. ft. of sign area for first 50 ft. of frontage; and 0.5 sq. ft. of More than sign area for 100 ft. from each lineal ft. public ROW of building frontage up to 100 ft. Max. sign area 100 sq.ft. Max. Sign Height Below save line of building and not higher than 20 ft. B ow eave Tine of building and not higher than 20 ft Sign Location Sign shall be located adjacent to the right-of- way from which Its area is determined Sign shall be located adjacent to the right-of- way from which its area is determined Lighting Additional Allowed Requirements Yes Yes Section 25.56.080.A Section 25.56.080.A 15 Sign Class Allowed Sign Types lc. Business identification sign More than 100 ft, of frontage Within 100 ft_ of public ROW More than 100 it. from public ROW 2. Business identification sign Secondary business signs 3. Business identification sign Freeway - oriented signs Max. Max. Sign I Max. Sign Sign Number Signs of Area �I Height Location Flush - mounted or One per projecting building building- frontage mounted wall sign 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. Building - mounted wall sign Flush - mounted or projecting Two per business subject to the maximum sign area allowed for the business 100sq. 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 The total aggregate sign area of the secondary signs) together with the primary sign shall not exceed the maximum sign area allowed for the business as determined by Items la, 1b, and lc above Below eave line of building and not higher than 20 ft. Sign shall be located adjacent to the right-of- way from which its area is determined Lighting Allowed Yes ARC approval required ARC approval required Additional Requirements Section 25-56.080.A Below eave line of building and not higher than 20 ft. Building- One sign mounted wail facing the sign freeway Single tenant building; one- half the sign area allowed for the front of the building Multitenant building: 16- inch high letters maximum Below eave line of building and not higher than 20 ft. On the freeway side of the building Yes Yes Sign design shall be consistent with primary business sign and shall be ancillary to the main business sign Section 25.56.080, C Signs shai4 be reverse "halo" lit or non -illuminated individual fetters Illuminated signs turned oft at 11:00 p.m. Section 25.56.080.H 16 i Max. Sign Class Allowed Number of Max. Sign Max. Sign Sign Lighting Additional Sign Types Signs Area Height Location Allowed Requirements 4. Business identification sign Second story business sign Building - mounted, One sign per flush business mounted only 50% of sign area allowed Below save for business line of In single- building story building Shall be located on the side of the building where the majority of the business is located Yes Freestanding freeway -oriented monument signs and monument signs Maximum of one-half the total sign area allowed To Identify a for the front 6 ft. unless building, of the topographic commercial or 5a. Business building. The or other industrial identification sign area of features complex, or sign Freestanding One sign per the necessitate shopping center monument monument a higher Yes with frontage on a Multitenant sign street frontage sign shall be sign. In no public or private sites less than in addition to event shall 5 acres street the allowed total sign sign area for height the building exceed 10 ft. Section or business. 25.56.080.B Maximum sign area 50 sq.ft. 10 sq. ft. per acre of 6 ft. unless subject site. topographic 5b. Business The sign or other identification area of the features 9 Freestanding monument sin necessitate monument One sign per sign shall be a higher Section Multitenant sin street frontage in addition to asign. Yes 25.56.080.E sites with 9 the allowed g more than 5 sign area for In no event acres the building shall total Maximum sign height sign area 100 exceed 10 ft. sq.ft. 17 Allowed Max. n T s Number of Sign Class Si g YPe rm. Signs 5c. Freeway- Freestanding oriented Freeway monument monument Signs sign Miscellaneous signs One per 1,000 I lineal feet of freeway frontage Two for planned commercial centers in excess of 1,600 lineal feet of freeway frontage 6. Business identification Permanent sign ' awning sign Awning si ri 7. Business identification sign Window sign Permanent window sign 8. Business identification sign Pedestrian - oriented sign 9. Attraction boards Theaters and nightclubs A -frame, pedestal, or another well - designed sign stand Building - mounted Flush - mounted or projecting One sign per awning Allowed in addition to ocher signs One sign per individual window I Allowed in addition 10 other signs Max. Sign Max. Sign Sign Lighting Additional Area Height Location Allowed Requirements 45e 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 One per establishment 3 sq. ft. Allowed in May be two - addition to sided other signs One per 25 sq. ft. for flush establishment mounted Allowed In 15 sq.ft. per addition to side for other signs projecting 40 fL Located along freeway frontage with a minimum setback of 10 ft. and a maximum setback of 50 ft- Not allowed above ground floor windows Yes. Section25.56.080B1 Planned Commercial development abutting Interstate 10 Placed on the awning or awning No valance, but not on both On inside of window Yes surface Near main entrance on private 54 inches property, No and oriented to pedestrians Below eave Tine of building and not higher than 20 ft. Yes Section 25.56,080.E Section 25,56,080.E Section 25.56.080.G Section 25.56.080.J 18 Allowed Max. Max. Sign Max. Sign Sign Lighting Additional Sign Class Sign Types Number of Area Height Location Allowed Requirements Signs 10. Menu board Restaurant menu board 11. Multitenant courtyard or plaza Business directory sign Building - mounted or window May be on pedestal if restaurant is set back more than 5 ft. from ROW Wall or ground sign One per establishment One per courtyard or plaza Allowed In addition to other signs 3 sq. ft. Shall not encroach Within into the window area public right - or 6 ft. if on of -way or pedestal obstruct pedestrian movement 1.5 sq. ft. of sign area per tenant, plus an additional 2 sq. ft. to 7 ft. provide directions to the courtyard or plaza Near main entrance to courtyard or plaza and oriented to pedestrians 12. Gasoline service stations. See Section 25.56.080(L) (Gasoline Service Stations) 13. Temporary signs. See Section 25.56.090 (Temporary Signs) Yes No Section 25.56.080.K Section 25.56.080.1 19 25.56.080 Standards for Specific Types of Permanent Signs A, Building -mounted wall signs, Figure 25.56-5: Wall Sign Examples 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. 20 Do This Figure 25.56-6: Appropriate Wall Sign Location Don't Do This 2. Electrical raceways for signs shall be designed as an integral part of the sign or building design and shall not be visible. Figure 25.56-7: Electrical Raceways 21 3. Signs shall be than required inches. 4. Signs shall be frontage (e.g., placed flat against the wall and shall not project from the wall more for normal construction purposes and in no case more than 12 located within the middle 50 percent of the building or occupancy's in -line tenant) measured from lease line to lease line. Figure 25.56-8: Appropriate Wall Sign Location (In -line Tenant) Middle 50% of Building or Occupany Frontage Building or Occupany Frontage Middle 50% of Building or Occupany Frontage ., SIGN 1 Building or Occupany Frontage 5. Signs located on adjacent walls on the same building shall be separated at the corners of the building with adequate spacing. Figure 25.56-9: Required Separation for Wall Signs pde Mai n 0 22 B. Freestanding monument signs. Figure 25.56-10: Freestanding Sign Examples 1. Freeway -Oriented Monument Signs All freeway -oriented monument signs shall be identified as part of a Sign Program for a commercially developed center and are subject 23 to the review requirements established in Section 25.56.100 and the requirements below. 1. Sign Programs shall include. a. Line of sight studies. b. Photo simulations and sign renderings for both night/day. ii. One freeway -oriented monument sign is permitted for planned commercial properties within the Freeway Commercial Overlay Zone, greater than 10 acres in size and with at least 1.000 feet of lineal frontage abutting Interstate 10, iii. When a planned commercial center has freeway frontage in excess of 1,600 lineal feet, one additional freeway monument sign shall be permitted. Multiple freeway -oriented monument signs for the same planned commercial center shall be separated by a minimum distance of 400 lineal feet. iv. Signs shall not exceed a maximum hieght of forty (40) feet. v. All signs shall be of an artist and enhanced design that is architecturally compatible with the architecture of the commercial center. vi. When approving any freeway sign the ARC 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. 2, Monument Signs A single -tenant building, multitenant building with unshared access, commercial or industrial complex, or shopping center shall be entitled to one freestanding monument sign per frontage on a public or private street. ii. 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. iii. All freestanding monument signs shall be placed within a permanently landscaped area not less than 24 square feet, be architecturally compatible with the building or complex, and not encroach in the public right-of-way. iv. When approving any freestanding sign the ARC 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. 24 v. Freestanding monument signs shall not contain phone numbers. C. Secondary business signs. Figure 25.56-11: Secondary Business Signs • Main Building Sign Secondary Signage� Secondary Signage may:;: wle 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 25.56.060 (General Provisions for All Signs). 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. D. Window signs —permanent. 25 1 Figure 25.56-12: Window Signs (Permanent) FINE MENSWEAR SINCE 1923 1. The aggregate area of all window signs shall not exceed 25 percent of the total window area of a storefront. 2. Signs shall be permanently painted, etched, or mounted on the inside of windows. 3. Illuminated (LED, neon, etc.) window signs shall be allowed as permanent window signs, and shall not exceed 15 square feet in size. The area covered by the illuminated sign(s) shall count towards the maximum 25 percent window coverage limitation as described above. These signs shall 26 not be allowed in windows fronting on Ei Paseo and shall not rotate, move, flash, blink, or appear to do any of the foregoing. 4. Window signs shall be allowed in addition to the aggregate sign area allowed for wall and projecting signs. 5. Signs within 5 feet of a storefront window shall be counted as window signs. E. Signs on awnings, marquees, canopies, arcades, or similar structures. Figure 25.56-13: Awning Signs 1. All awnings shall be reviewed and approved by the ARC. The awning shall be architecturally compatible with the building and as a result an awning may not be appropriate for every building. 27 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). 5. Awnings shall not contain phone numbers. F. Projecting signs. Projecting signs shall not extend below 8 feet from the sidewalk or the right-of-way. Figure 25.56-14: Projecting (Blade) Signs G, Pedestrian -oriented signs. n 28 1. Businesses in the commercial and industrial districts may place a pedestrian oriented A -frame or pedestal mounted "open" sign in front of a business, subject to the following standards: a. Maximum sign area shall be 3 square feet for pedestal signs on each side, and 5 feet for A -frame signs on each side; 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 be designed and located so as to not distract from the appearance of the building or violate the intent of this chapter; e. Signs shall not include extraneous verbiage advertising the business, specials, or sales events; and f. Signs shall be removed when the business is not open for business. 2. For businesses on El Paseo, the above standards apply with the following additional standards: a. Signs shall be placed on private property in a location that does not impede pedestrian traffic flow; b. Allowed only during the summer months between June 1 and October 1, or before 10 a.m. when a business is actually open at that time, during construction of a storefront, and/or any time a business is the sole tenant of an otherwise -vacant multi -tenant building; c. Signs permitted under this Subsection shall be limited to the word "open," the business name and logo, and hours of operation only; d. City approval of the sign is required. A City approval identity sticker will be issued and must be placed on the sign; and e. Signs shall be professionally designed and fabricated, and well - maintained at all times. H. Building -mounted 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 percent of the total sign area allowed on the front of the building. 29 2. Signs for multitenant buildings and individual business signs shall be limited to a maximum of 16-inch high letters. 3. All signs facing the freeway shall use black font type Bernard Gothic T Medium, except for federal trademark signs. 4. All signs facing the freeway shall be either reverse "halo" lit or non -illuminated individual letters. 5. Illuminated signs shall be turned off and non -illuminated after 11 p.m. 6. No logos, slogans, or phone numbers as part of the signage allowed. 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. 4. Signs including supports shall have a maximum width of 4 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 5 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 ARC 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 8 feet in height, and advertising only the name of the company. 30 2. One 10-square-foot maximum wall sign advertising the company name and/or operator. 3. One wall or ground sign, not exceeding 8 square feet in area and 8 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. 25.56.090 Temporary Signs A. Applicability. The temporary signs listed below in Table 25.56-3 (Temporary Sign Standards) 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 25.56.130 (Abatement of Illegal Signs). B. Civic events. Nothing contained in this section shall prevent the 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. C. Number, size, height, and duration. Table 25.56-3 (Temporary Sign Standards) provides standards for temporary signs. Temporary signs are allowed in addition to the number of permanent signs allowed for the property. 31 Table 25.56-3: Temporary Sign Standards Sign Type I Maximum Number Temporary window signs' 2 Maximum Area Maximum Duration Height Commercial and industrial zones only Lineal feet of window area 50 feet or less 51-100 feet More than 100 feet Special signs Special event banner New business establishment Identification Trade and construction project signs One sign One sign One sign One sign building - mounted or freestanding One sign One sign per street frontage Shall not obstruct visibility at Intersections New Residential Development New subdivision identification sign New subdivision directional signs Realty and lease Realty sign Single-family residential Realty sign Open house signs One double -lace sign, or two single - face signs per street frontage Two signs per street frontage signs One sign per street frontage 10% of total window area 15% of total window area 25% of total window area WA 30 sq. fL See Section 25.56.070 Table 25.56-2 la, lb or 1c 16 sq. ft. per 20,000 sq. ft_ of site area Max. 32 sq. ft_ i Additional Standards 30 days Below eave line of building 30 days per year Below eava line of building 60 days 8ft. 48 sq. ft. per sign face 15 sq. ft. each 3 sq. ft.. plus one rider sign; 5 in. x 16 in. One an -site, three 3 sq. tt. off -site aft 8 it, During active building permit Removed before notice of completion Until all units in the project are sold Allowed for sales and promotions Placed on inside of window Section 25.56.090.D Allowed only while permanent signs are being obtained On property where construction is taking place Shall list only firms connected with the development project Until all units in the Sign placement to project are sold direct persons to the subdivision entrance Oft. 4 ft. on -site 3 ft. off -site During time when realty is offered for sale or rani While a salesperson is physically present on the premises Section 25.56.090 Section 25.56,090.E 32 Sign Type Realty sign Other than single family in residential zone Lease potential sign Future development Realty sign Maximum Number One sign per street frontage One two-sided sign per street frontage One two-sided sign per street frontage Personal property Three signs sate, block party, or similar event Maximum Area 12 sq. ft. 32 sq. ft. Maximum Height 4 ft. 6 ft. 16 sq. ft. 6ft. 3 sq. ft. Duration During time when realty is offered for sale or rent Displayed after ARC project approval Removed before notice of completion During time when realty is offered for sale or rent 4 ft. Two days within a 30-day period Political signs See Section 25.56.090.E (Political Sign Regulations) Additional Standards Section 25.56.090 May advertise lease potential for future development prior to and during construction No riders outside of the 32 sq. ft. area No riders outside of the 16 sq. ft. area One on the property where the event Is being held, and two off -site on private property. Notes: I. 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. D. 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. Signs 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. 5. Signs shall be constructed of durable material suitable to their location and purpose. 6. Signs and their components shall be promptly removed at the time of expiration. 7. Window signs with non-commercial content or messages shall comply with all regulations of temporary signs related to number, area, size and height. E. Political sign regulations. Political signs shall comply with the following requirements: 1. Political signs shall not be located in the public right-of-way. 33 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 ol the property owner. 4. Signs shall not be placed in any manner to create a hazard to public health or safety. 5. Signs shall be removed within 30 days following the election. F. Special event signs. 1. With the approval of the Director, a business may erect one temporary sign, freestanding or mounted on a wall fascia, 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 Council, which shall specify the period during which the banner may be displayed. G. Open house signs. Open house signs shall be permitted for an open house, subject to the following provisions: 1. On -site Signs: i. No flags or banners shall be used. ii_ individual logos and colors are allowed for on -site open house signs. iii_ Signs shall be located an private property only, unless prior written approval for unique circumstances is obtained from the Director. 2. Off -site Direction Signs: i. Sign lettering must be brown on a beige background, but may include Realtor name and phone number in 2-inch high maximum, plain font. No logos or branding are permitted on off -site directional signs. ii. One off -site directional sign per intersection. One sign permitted on each corner of an intersection, such that no more than three off -site directional signs are allowed in addition to one on -site open house sign for a total of four open house signs. iii. Signs shall be located a minimum of 5 feet from curb with property owner permission for sign location. iv. Sign placement in any City median is prohibited. n 34 v. Additional lighting, flags, balloons, or any other advertising device as defined in this chapter shall be prohibited. Figure 25.56-15: Open House Off -site Direction Signs 18" OPEN HOUSE Figure 25.56-16: Prohibited Locations - Open House Off -site Direction Signs 400.1 PROHIBITED EXAMP[ES 25.56.100 Comprehensive Sign Program A. Purpose. The purpose of a comprehensive sign program is to integrate all of a nonresidential 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 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 by the ARC shall be required whenever any of the following circumstances exist: 1. Whenever three or more separate tenant spaces are present on the same site. 2. Whenever three or more nonexempt signs are proposed for a single tenant. 35 3. Whenever signs are proposed to be located on the second story on a multistory building. 4. Whenever an existing multitenant development of three or more tenants is being remodeled or rehabilitated to the extent that it requires review and approval by the ARC. 5. Whenever the Director 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. Application requirements. A sign permit application for a comprehensive sign program shall include all information and materials required by the Director, D. 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. a 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. 6. Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this chapter. 7. Review and approval of a comprehensive sign program shall not consider the signs' proposed message content. E. 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. 36 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. 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. F. Revisions to comprehensive sign programs. The Director 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 ARC. 25.56.110 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 September 10, 2009, 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. 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 Ihich a nonconforming sign(s) exists. Prior to the issuance for a property on hich 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. 2. Upon the transfer of ownership of the business. 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. 37 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 off -site 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. 25.56.120 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 shall send the person responsible for a sign presumed to be abandoned an abandoned sign notification. Failure of the person to respond within 30 days to the abandoned sign notification shall serve as prima facie evidence of intentional permanent abandonment of the sign. 25.56.130 Abatement of Illegal Signs A. Enforcement authority. The Director shall be the enforcement authority for this chapter. B. Abatement of illegal signs. The Director 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 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 Council pursuant to the provisions of Chapter 8.20 of this title. 38 25.56.140 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(4 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. 39 Exhibit C - 25.99.020 Land Use Definitions. Monument sign_ A freestanding sign that is detached from a building and having a support structure that is a solid -appearing base constructed of a permanent material, such as concrete block or brick. AD other freestanding sign types not meeting the definition of a monument sign shall be either a, pole sign or a pylon sign. Monument sign, freeway -oriented. A freestanding sign that is detached from a building and having a support structure that is a solid -appearing base constructed of a permanent material, such as concrete block or brick on commercially zoned properties within the Freeway Commercial Overlay zone and greater than 10 acres in size and abutting Interstate 10. 40