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HomeMy WebLinkAboutORD 9810 CN1► M 1 iiffCTt011! U.31 IINS CLOfT • afi � .� 5••. t:. Mil[ OaiA't NIlNICtlAL CObi. 1M City Cowmil of the City of Pals Desert. California, NMU GMZN as follows, 88CT_ ION 1: Sections 21.32 • 11.38, attached hereto and tabeled Exhibit "A". and all revisions thereto, labeled Exhibit "a". are hereby adopted as portions of Chapter 25 of the Pala Desert %micipal Code. SECTION It The City Clerk of the City of Palm Desert, California. is hereby directed to cause this Ordinance to be published -within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Pala Desert. California and the same shall be in force and affect thirty (30) days after adoption. - • PASSED. APPROVED. and ADOPTED this ,u+h day of „ne�emb..• , ,.1975. by the following vote: AYES: ASTON. BENSON, 8MIT, xcPHERSON s CLAM HOES: IM ABSENT s I10lfE . r City of Iwo Desert, California tiff. ',�4 M `� s` y.•�� z{, �'�4?`.H' ! • .. p7 t �1t ,^�M1 ARTICLE 25.32 GENERAL PROVISIONS C 25.32-i Intent and•Puroose The inttnt and purpose of the General Provisions is to provide additional • elarifitatton and amplification of the requirements and standards govev Ing development in each zone. 2S.324 Conformity to the General Provisions The General Provisions and the Special Standards shall goverp all uses. and structures in every zone in addition to the development standards within each zone. No structure or use may hereafter be constructed, substantially changed, relocated, operated, occupied', established or maintained on a lot unless it conforms to the General Provisions and the development standards for the zone in which it is located. However, Article 25.40 (Non -conforming Uses d Structures) shall rule in determining the applicability of tRt-General Provisions to existing uses and structures. 2S.32-3 Inadequate Street Widths and Improvements The existence of inadequate street widths and inadequate improvements in the street right-of-way adjoining buildings, dwellings and other structures within the City, and the lack of adequate curbs, or gutters �_• and tie-in paving is hereby found and declared to be dangerous to the public beelth, safety and welfare of the inhabitants of the City. This section shall not be construed'so as to conflict with, limit, or affect dedications of property for public use or improvements thereof by developers pursuant to -the processing of subdivision maps or to other conditions imposed by the City pursuant to the City's Subdivision Ordinance. 25.32-3.01 Duty to Improve Streets Curbs, Gutters Tit -in FAVIngs graln&90 Facilities Except as otherwise provided herein, every owner lease*, or other person, constructing or substantially modifying, or ausinq to be constructed or substantially modified, any building, structure, or off-street parking facility in the City shall also provide for the construction of necessary curbs, gutters, drainage facilities and street paving. The aforementioned laprovemm shall be made, in accordance with City of Palm Desert standard spoeifications and design, for all public street frontage adjoiniro4 the property upon which the ce�onstruction is to be done, unless eas•bs, gutters, drainage facilities and-ktrtet paving have been constructed &ad located in accordance with City standards and design. A waiver shall be eoosidered by the Director of Environmental Services or DRd based upon the building permit valuation determined by the `uilding Official. - • (1) If the Director of Environmental Services finds that deferring the imprevements is in the public interest, ho aq► permit the C ; /estin4 of a sufficient cash deposit, or other security to pwrantee the instdilatioh of such improvements. 25.32 (1) (2) The Director of Environmental Services or the Design Review Board may waive the construction of curbs, gutters, drainage facilities, or street paving hereunder when the public health. safety, and welfare will not be adversely affected, taking into consideration the contour of the ground, the relation of the adjacent property in the area, and the convenience of the public. 25.32-3.02 Duty to Dedicate and Improve Additional Property Were the Director of Environmental Services finds that the proposed improvements or use of property will cause an increase in vehicular or pedestrian traffic, which will constitute a substantial burden upon existing streets and create a need for additional right-of-way, street extensions or other required improvements to meet the needs created by such proposed improvements or use, there shall be required as a condition to approval of such proposed improvements or use or issuance of a building permit, that sufficient right-of-way be dedicated and improve- ments (including but not limited to curbs, gutters, drainage facilities and paving), be installed to meet such needs. 25.32-3.03 Duty of Buildina Official The Building Official shall not conduct a final inspection of any building, structure or other facility and shall withhold approval of permanent public utility connections other than telephone utilities thereto unless the curbs, gutters, drainage facilities, street paving and dedication of C -property required hereunder have been completed, or when permitted, cash deposit to guarantee such construction has been posted and approved by the City, or unless such requirements have been waived in accordance with Section 25.32-3.01(2). 25.32-3.04 - Appeal interested persons may appeal from a decision of the Director of Environ- ntal Services or Design Review Board made pursuant to this section. Such appeal shall be heard in accordance with Section 25.39-2.13. 25.32-4 Required Drainage Fees ' Except for existing buildings, no building and no land shall be used for any new commercial, industrial, professional, group dwelli-j or community facility use, nor shall any Certificate of Use and Occup•incy therefor be issued where the site of such building or such land to be used for said uses is located within the boundaries of tht City of Palm Desert's duly adopted "Master Plan of Drainage", until and unless the drainage fees pertaining to the gross area of the site have been paid in the amount set forth in the legislative action adopting and establishing such a "Master Plan of Drainage". The funds derived from the drainage fees imposed shall be utilized only for the construction of total drainage facilities for the disposal of surface and storms waters from the local drainage area in which such building or land is located pursuant to the adopted "Master Plan of Drainage". .: 26.32 (2) • At the discretion of the Palm Desert City Council, dedication of rights- of-wy, or actual construction, installation, or design by a duly regis- tered Civil Engineer or improvements described in the "Master Plan of Drainage% or any combination thereof, may be accepted in lieu of the payment of the aforementioned fees. "Commercial, industrial, profes- sional, group dwelling, or community facility use" as used in this Article includes any retail, wholesale, or industrial business, the car- rying on of any profession, the operation of a group dwelling consist- ing of five (5) or more families, mobile home parks, motels, hotels, and cormAity facilities; but does not include agricultural or horti- cultural_products grown or produced on the premises as an accessory use to the land, or the operation of any home occupation, or temporary individual mobile home. 25.32-5 Required Park Dedication and Park Fees No building permit shall be issued for the purpose of establishing a dwelling unit or units, a mobile home or mobile home park, or for in- creasing the number of existing dwelling units or mobile homes on a parcel or parcels of land until the Director of Environmental Services has verified that the parcel or parcels of land upon which such use or uses are proposed to be established is in compliance with all appli- cable regulations of the City's local park dedication or payment of fees in 1Tlu thereof requirement, as provided by the Subdivision Ordi- nance. 25.32-6 Underq_rounding Requirements 25.32-6.01 Intent and Purpose It is the intent and purpose of this Section to establish regulation: and procedures governing the installation of underground utilities or the con- version of existing overhead facilities within the boundaries of the City of Palsy Desert as a part of development. 26.32-6.02 Development Sublect to Underaroundinq Provisions Except as provided hereinafter, all new and existing electrical distri- bution lines, telephone, cable antenna television, and similar service wires or cables, which are adjacent to and provide service to the pro- perty beino developed shalt be installed underground as a part of de- velopment fr-)m the nearest existing pole not on the property being de- veloped with the following exceptions: (1) The development, remodeling, or enlargement of a singla-family dwel:in9 upon an existing, sub^ided lot in the R-1, R-2, or R-E Zone District where overhead utility distribution iines presently exist, aid facilities may remain. Any new single- tawily dwelling shall conform to the resuirements of Section - 25.32-6.03 as a part of development. This exception shall not apply to new residential subdivisions or any new service lines to the dweiling. 25.32 (3) (AWNDED 9Y ORD1NJWCE 12e) (2) Temporary utilities along with the necessary service poles, wires, and cables mybe permitted for the period during ( which authorized construction is continuing for which valid building permits have been issued or for temporary uses which comply with requirements of the Zoning Ordinance, Building Code, and other applicable regulations. (3) Risers on poles which provide service to said property and existing buildings are permitted and shall be provided by the developer or owner on the pole. (4) Appurtenances and associated equipment such as surface mounted transformers, may be placed above ground when it is determined by'the City Engineer that it would be too costly to underground such equipment. (5) The*undergrounding of existing overhead facilities shall not be required as a part of the development of property in the R-2 and R-3 Zone Districts where more than 50% of the street frontage situated within the same block has already been developed with overhead facilities. in these cases. Section 25.32-6.03 shall apply. This exception does not apply to any service lines. 25.32-6.03 Recorded Agreement C -In lieu of undergrounding existing distribution lines as a part of con-• struction, the Vanning Commission may permit the recording of an agree- ment guaranteeing that the property will voluntarily be a part of any undergrounding district which is subsequently established by the V ty Including the property in question. The form of this agreement shall be acceptable to the City Attorney and shall run with the land. This Sec- tion shall not be applicable to the service lines that.j ead directly to the building. . 25.32-6.04 Responsibility for Compliance The developer or owner is responsible for complying with the require- wents of this Section and he shall make the necessary arrangements with the utility company for the installation of such facilities. 26.32-6.05 Non-Confohmhino Structures Buildings or structures, which on the effective date of this Ordinance are non -conforming in regard to above ground on -site utility lines, may con- tinue to be used, altered, or enlarged in the same canner as if such non- t irorming utility lines did not exist. However, when said buildings or structures are enlarged over 2,500 square feet in area or whtn alteration or enlargement require the installation of utility lines at new locations an the buildin9sand structures, said service lines shall comply with the "Irements of this Ordinance. - l3.32 (4) (AWNDED Sr ORDINANCE 128) 1 i 2S.32-6.06 Adjustments Notwithstanding any other provisions of this Section, adjustments from the ten" of•this Section nay be granted by the City Council when the ( findings for an adjustment as specified in Section 25.39-5.07 can be made for a specific property. Any such adjustment shall be granted in accordance with the procedural provisions of the Zoning Ordinance of the City of Palm Desert and may be granted subject to such regulations and conditions is in the judgment of the Council shall be deemed necessary and desirable. 2S.32-7 _ Development Standards 25.32-7.01 Intent and Purpose - It is the intent and purpose of these development standards to supplement the Development Standards and Special Development Standards within each _use district. 25.32-7.02 Site Area and Dimensiblis: Measurements (1) Required front, side, and rear yards shall be measured as the minimum horizontal distance from the property line of the site or street right-of-way line to a line parallel thereto on the site; provided that where a specific street plan has been adopted by the City Council, site area and required yards shall be measured from the plan line, and no provision of this Ordinance shall be construed to permit a structure or use to extend beyond such line; and provided further that where a site abuts on a street having -only a portion of its required width dedicated or reserved for street purposes, site area and required yards shall be measured from a line drawn on the boundary of the additionao width required. for street purposes abutting the site. (2) No site shall have less than the required lot width as prescribed in the applicable zone district, except lots fronting on cul-de- sac or knuckle streets may have thirty-five (35) feet of frontage. (3) Except for single family zones, if after dividing the area of a site in a residential district by the site area required per dwelling unit, a remainder equal to or greater than ninety (90) percent of the area requirid for an additional dwelling unit is obtained, ons (1 additional dwelling unit may be located on the site, provided that all other applicable yard, open space, bulk, and parking regulations are met. 25.324.03 Width of Corner Lots Corner lots shall have extra width in addition to the width prescribed in the zoning schedule at least equal to the width of the minimum interior _ side yard prescribed for a main structure in the district and in no case shall the lot width be lesp then eighty (90) feet. H.32 (5) IS.32-7.04 Front Yards: Requirements and Exceptions In addition to the regulations prescribed within each residential use district, the following regulations shall apply: (1) Where sites comprising forty (40) percent of the frontage in a residential district on a block are improved with buildings, the minimum front yard shall be the average of the minimum front yard depths for structures on each developed site in the district an the block. In computing the average, a depth ten (10) feet greater than the minimum required front yard shall be used for any site having a greater yard depth. 2S.32-7.05 Side and Rear Yards: Requirements and Exceptions In addition to the regulations prescribed within each residential use district, the following regulations shall apply: (1) On the street side of a corner lot the side yard shall not be less than ten (10) feet. (2) On a reversed corner lot the minimum rear yard may be not less than the minimum side yard prescribed for the district if the side yard adjoining the street is not less than the required front yard on the adjoining key lot, or fifteen (15) feet, whichever is greater. C (3) On the side street side of a corner lot, the minimum side yard Yor a garage, carport, or off-street parking space required to serve a dwelling in a residential district shall be twenty (20) feet, provided that if the garage, carport, or off-street parking space is entered parallel to the street, the minimum side yard shall be the same as • the side yard otherwise required on the site: (4) Fences, walls, and hedges not over six (6) feet in height, and walks, driveways, and retaining walls may occupy a required yard, subject to the limitations prescribed in Article 25.32-7.06. 25.32-7.06 Traffic Site Obstructions On a corner lot, no fence, wall, hedge, or other obstruction, except the natural grade of a site, within a triangular area formed by the street property lines and a line connecting points on the street property lines twenty-five (25) feet from the intersection of the projection of the streets right-of-way, shall exceed a height of three (3) feet above established grade at the edge of the street pavement on plans approved by the Director of Environmiental Arvices or the existing pavement or traveled way if plans have not been approved. U.32 (6) (AMENDED 1Y ORDINANCE US) t3 i n.32-7.07 Projections into Yards (1) Architectural Protections Architectural projections including eaves, awnings, louvers, and similar shading devices; sills, belt courses, cornices, and similar features and flues and chimneys may project not more than six (6) feet into a required front yard, . rear "yard, or side yard on the street side of a corner lot, and not more than two (2) feet into any other required yard, provided that the distance between an architectural projection and a side or.rear property line shall not be less than three (3) feet. (2) Oriel or Bay Windows Is Oriel or bay windows may project -not more than three (3) feet into a required front yard, rear yard, or side yard on the street side of a corner lot, provided that the aggregate width of oriel o _bay windows shall not exceed fifty (50) percent of the'length of the wall in which they are located and the width of an individual oriel or bay window shall not exceed ten (101 feet. (3) _Porches and Steps Unroofed porches, steps, and terraces may project not more than six (6) feet into a required front yard or side yard C on the street side of a corner lot, or to a point not closer than three (3) feet to an interior side or rear property tine, provided that the height including railings shall not exceed six (6) feet above the grade of the ground at the property line. (4) Balconies Over Six (6) Feet Above Ground Balconies, decks, terraces, and other similar unroofed structures at a h::ght including railing more than six (6) feet above the levei at which a yard must be provided, may project not more than six (6) feet into a required front yard or rear yard and five (5) feet into any other required yard, provided that they shall not reduce any yard to less than five (5) feet except on the street side of a corner lot. Such structures shall be cantilevered or supported only by necessary columns. A balcony or deck projecting from a higher story may extend over a lower balcony or deck but shalt not in such cast be deemed a roof for the lower balcony or deck. (5) am stairways Open, uneaclosed fire escapes and fire -proof outside stairways may project into any required yard not more than four (4) feet• provided that no yard shall be reduced to �. less than three (3) feet. f5.32 (7) (6) Covered Patios Covered patios attached to a mein structure may project not more than eight (8) feet into a required rear yard and five (5) feet into a required side yard within thirty-five (35) feet of the rear lot line. provided that the required side yard shall not be reduced to less than five (5) feet and said covered patios shall not cover more than fifty (50%) percent of the rear yard. A covered patio not attached to a main structure shall be deemed an accessory structure. (7) Underground Structures Underground structures (Pools) may project without limit into any required yard provided that they shall not have a Might of arore than two and half (2h) feet and are not closer than five (5) feet to any property line. (8) Detached Accessory Buildings Accessory buildings except as otherwise controlled by this chapter shall be subject to the following regulations: ` a. Accessory buildings shall not be erected in any required yard, except a rear yard. b. An accessory building not exceeding one (1) story or -fourteen (14) feet in height may not occupy more thlin twenty-five (25) percent of a required rear yard plus forty (40) percent of the buildable area provided that the total building coverage allowed y the Zone is not exceeded. e. No accessory building shall be located closer than ten (10) feet to any rain building nor shall it be touted closer than five (5) feet to any -side or rear lot line. 25.32-7.08 Protections Over Pubiis Property in Commercial Zones Building projections into public rights -of -way in commercial :ones shalt be regulated by the currentTy adopted Uniform Building Code. M 32-7.09 (fefaht Limits (1) tpa urewnt The height of a structure shall be measured vertically from the average elevation of the finished grade to the highest pint of the structure directly above, provided that a roof shall be measured to the highest point of the roof. The height of a fence or a wall used as a fence shall be •� measured from the higher finished grade adjoining the fence or well. (AK40 BY OROINANCE 118) 6 Jr (2) Exceptions - Towers, spires, cupolas, chimneys, water tanks, flagpoles, monuments, scenery lofts, radio and television aerials and antennas, commercial transmission towers, fire towers, and similar structures and necessary mechanical appurtenances Covering not more than ten (10) percent of the ground area _covered by the structure may be erected to a height of not more than sixty-five (65) feet or not more than twenty-five (25) feet above the height limit prescribed by the regula- tions for the district in which the site is located, which- ever is less. Utility poles and towers shall not be subject to the height limits prescribed in any district regulations. 25.32-7.10 Screening and Landscaping (1) Materials and Maintenance Except as otherwise required -by the provisions of this Ordinance, screening shall consist of a solid wall or fence, vine -covered fence, or compact evergreen hedge. Hedge material used as screening shall be no less than three (3) feet in height when planted and shall not be permitted to trkceed the specified height by more than one and one-half (IN) feet. Where buffers of trees are required, they shall have a mature height of not less than twentyy (20) feet apart. All screening and landscaping shall be permanently maintained in orderly condition by the owner. Qlant material shall be watered, weeded, pruned, and replaced as necessary to screen or ornament the site. A permanent irrigation system shall be provided. (2) Screining of Parking and Loading Facilities IrL- Adjoining, or oeasite a es n a a r c In a residential district an open parking facility for more than five (5) cars or a loading area shall be screened from properties in a residential district adjoining or directly across a street or alley. In a district other than a residential district, an open parking facility or a loading area shall be screened from a residential district adjoin- ing or directly across a street or alley. Screening shall be six (6) feet in height, except that screening to protect properties across a street may be three (3) feet in height. (3) Additional Landscaping in Industrial Districts In an industrial district the required front yard and squired side yard on the street side of a corner lot, _ txcapt for the area occupied by necessary drives and walks, shall be landscaped with trees and other plant materials suitable for ornamentation. t- 211.324 Aesidenlial SJan&rds . 26.32 (9) rat a tS.3!-s1.01 Minim Residential Structure Size Every dwelling hereafter erected shall have a minimum living floor area. exclusive of unroofed portions and garages subject to the following chart: Type of Dwelling Minim Site in Square Feet Single Family A Condominiums Zone Minim Dwelling Size 1.000 1E-T- 1,250 R-1-10-14 1.500 R-1-15' 2,000 R-E Multiple Fits 1 Badraoai balling 600 2 eedrom Dwelling 800 3 Bedroom Dwelling 1,200 Said standards may be increased by the Design Review Process or the Planning Commission based upon: (1) Usability of the dwelling by the ultimate occupants. (2) toapatibility of the dwelling to the neighborhoods. (MENDED BY ORDINANCE 128) G !S.32-9 Special Standards 2S.31-S.01 ilutomobile Service Stations (1) location All service station sites shall front on streets designated as state highways on the master Plan of Arterial Highways unless the sites are part of or in conjunction With develop- ments such as shopping centers. No station shall be located within five hundred (500) feet of any other service station. (2) Site Size The site shall be of sufficient size and configuration to _ satisfy all requirements for off-street parking, setbacks, curb cuts, walls, landscaping and storage as provided in this Ordiranee. ;e- - (3) Setbacks All buildings shall be set back from interior property lines "a minimum of eighteen (18) feet and exterior property lines a minimum of thirty (30) feet except that pump islands may be located a minimum of twenty (20) feet from all exterior property s lines, and pump island canopies -may project to within five (5) feet of exterior property lines. (4) Access Driveways shall be so designed and -located as to ensure a safe and•efficient movement of traffic on and off.she site to and from the lane of traffic nearest the curb. (5) Noise Uzzers and amplified signaling bells are to be located within the service station proper and shall not generate noise beyond that of a normal residential telephone ring when the service station site abuts residentially zoned property or property used for residential purposes. (6) Landscapina A minimum of twenty (20) perc#a of the site shall be landscaped with plant materials designed to provide beautificatign and screening. (7) iLightigs i All lighting fixtures shell be located so as to shield direct rays from adjoining properties. Luminaries WTI be of a low ls.32 (11) :•r ' j /• w c, s level, indirect diffu.ed type and shall not exceed the height of the building. (a) Service bay entrances shall not front upon a public street. (9) A six (6) foot masonry wall shall be required along all interior property lines and a three (3) foot high wall along the street. 25.32-9.02 take -Out Restaurants (1) Site Size The site shall be of sufficient size and configuration to satisfy all requirements for off-street parking, setbacks, curb cuts. walls, landscaping and refuse storage as provided in this Ordinance. (2) Setbacks The Planning Commission may establish setbacks more restrictive then those required by the regulations for the district in which the proposed use would be located if it determines they are, necessary or desirable for the protection of the public health, safety and welfare or to insure compatibility with uses on contiguous properties. (3) Curb tuts The size and location of curb cuts for driveways shall be deter- mined by standards development by the 7epartment of Environmental Services. (4) Landscaping Not less than twenty (20) percent of the total site area shall be devoted to landscaped planting areas. (5) Lighting A11•parking areas shall bi illuminated by lighting with a minimum intensity In any locaM on of two (2) foot candles and an average• In tensity of five (5) foot candles. The lighting system shall be designed to minimize the reflection of light to streets and prop- erties adjjoining the restaurant site. No lighting standard shall exceed a bei ht of ten (10) feet from the finished grade of the restaurant s�te. 25. A-9.03 Ligh� ting Standards in All ions - fvery-development occurring in any zone in the City shall be critically reviewed relative to mitigating any negative impacts from llghtinq proposed as a part of development. The use oA lighted tennis courts and the use of lights in commercial developments rill be particularly reviewed. 25.31 (12) ARTICLE 25.33 OFF-STREET PARKING AND LOADING REQUIREMCNTS C 25.33-1 Intent and Purpose The intent and purpose of these regulations are to provide properly de- signed parking areas and loading berths adequate in capacity, location and design to prevent traffic congestion and a shortage of curb spaces in the City of Palm Desert. Off-street parking facilities shall be pro- vided incidental to new uses and alterations and enlargements of exist- ing uses. The number of parking spaces shall be in proportion to the need created by the particular type of use. Off-street parking and loat- ing areas are to be established in a manner that will insure their use- fulness, protect public safety, and where 5ppropriate, buffer surround- ing land uses from their impact. 25.33-2 General Provisions - _ \s_ 25.33-2.01 Application Off-street parking shall be provided for any new building constructed and for any maw use established; for any addition or enlargement of an exist- ing building or use; and for any change in the occupancy of any building or the manner in which any use is conducted that would result in additional parking spaces being required, unless an equivalent substitute number of such spaces is provided and maintained conforming to the requirements of this Article. 25.33-2.02 Chance in Use Won the occupant or use of any premises is changed to a different use, or is altered, enlarged, expanded or intensified, addiMonal parking to watt the requirements of this Article shall be provided for the changed, . enlarged, expanded, altered or intensified portion of the occupancy or use. 25.33-2.03 Location of Parkine Spaces The required parking spaces or garages shall be located on the same build- ing site except as otherwise provided by this Ordinance. Property within the ultimate right-of-way of a street or highway shall not be used to pro- vide required parking or loading facilities. 25.33-P.04 lesion and Maintenance All off-street parking spaces and areas required by this Article shall be dosigatd and maintained to be fully u:cable for the duration of the use squiring such areas and spaces. _ 25.33-2.O5 Tandem IBM Except for mobile homes, tandem spaces shall only be permitted for those t5.33 (1) .i •.ELF a J spans that exceed the require ants of this Ordinance. 25.33-2.06 Special Limitations in Residential Zones (1) Trucks and Recreational Vehicles: The parking and/or storage of trucks and recreational vehicles exceeding a height of eight (8) feet and/or twenty (20) feet in length shall be prohibited in any residential zone un- less within an area screened from the public street, providing, however, that said restriction shall not apply to trucks used during pick-up and delivery or during construction or repair work while in service. (2) Boats Travel Trailers and Ca ers: The parking and/or storing of boats and travel trailers shall be prohibited in any residential zone except as follows: a. Said vehicle is stored or parked in a mobile home park zone or Planned Residential District in specified areas. b. Said vehicle is temporarily parked for a period of time not to exceed forty-eight (48) consecutive hours, and not less than seventy-two (72) hours shall elapse between the last storage period and any subsequent storage period. c. Said vehicle is located within an enclosed building. (� d. .Said vehicle is stored or parked outside of any required front, side front yard, and screened from view from any adjoining property or street. Mhere the parking or storage of such vehicles is permitted as provided above, said vehicle shall not be used for living, sleeping, or housing purposes. 25.33-3 Parking Development Standards Parking9 areas serving industrial, commercial, apartment and public or community facility uses shall be subject to the following parking stand- ards: 26.33-3.01 Stall Dimensioni� Each off-street parking stall shall consist of a rectangular area not less than nine (9) feet wide by twenty (20) feet long except as other- wise provided in this Article. End spaces where clear back out space is restricted on one side, shall be eleven (11) feet in width. 96.33-3.02 Landscaping Requirement: - A minisara of fifteen (15) pereent of the total-eff-street open park- ` fig area shall be landscaped with a mixture of trees, shrubs, ground .i cover, other plant material and hardscaps material. A minimum of one- third (1/3) of the required landscaping shall be distributed within the interior of the parking facility and the remsinin9 two thirds (2/3) of the required landscaping shall be provided as peripheral planting on the exterior edges of the parking area.. All landscape areas shalt be 26.33 (2) f amrNmrn av not1 mAwer v)n% i well Mintained in perpetuity. 25.33-3.03 Screening Requirements All oft -street parking areas shall be screened to minimize the visual impact on adjacent streets and properties. No parking space shall be located within six (6) feet of any street property line.` Any open areas iR the interiors so formed shall be landscaped with appropriate plant materials. _ • 25.33-3.04 Tree Requirements Landscaping within the off-street open parking areas shall be provided - to the extent of at least one (1) fifteen -gallon tree per each five (5) parking stalls or their equivalent. E_ - 25.33-3.05 Landscape and Irrigation System Plan Review Landscape and automatic irrigation system plans, including the type and location of plant materials, shall be submitted to and approved by the Design Review Process either as part of a review process applicable to the subject property or prior to the issuance of Building Permits If no such review process is required, C 25.33-3.96 Bumper or Tire Guard Requirements Bumper or tire guards shall be provided along any property line which abuts a public walkway, street or alley. i i . 15.33 (3) B r t5.33-3.07 . McKim Requirements Lighting used to illuminate the parking area shalt be designed and lo- cated to confine direct rays to the premises. Light standards shall be a maximum of ten (10) feet in height. 25.33-3.06 Marking Requirements All open parking stalls shall be clearly outlined with double or hairpin lines on the surface of the parking facility. 2S.33-3.09 Paving Requirements All parking stalls and maneuvering areas shall be paved and permanently maintained with asphaltic or concrete surfacing. All areas within the parking area not paved shall be landscaped. 25.33-3.10 Maneuvering Requirements Parking areas shall be designed to enable a car entering the parking area to move from one location to any other location within the parking area or premises without entering a street. 25.33-3.11 Use Restrictions The required parking area shall nct be used for any other use other than the temporary -storage of motor vehicles during the time that the use re- quiring the pe icing is in operation. 25.33-3.12 Arrangement Requirements Parking and maneuvering areas shall be so arranged that any vehicle enter- ing a vehicular right-of-way can do so traveling in a forward direction. 25.33-4 Supplemental Covered Parkina Standards for Residential uses Covered parking areas serving residential uses shall be subject to the following supplemental parking development standards: 26.33-4.01 ,Sigglle Family Residential Single family Residential including conventional detached, cluster housing, or condominium: (1) Two of the required parking spaces shall be provided within a garage or carport. () rrequirrmentspeco s hill be mell et by'utili=ing the a Interior dimensions of the garage or carport. .i 26.33 (4) • r 2S.33-4.02 - Multiple Family Residential Multiple Family Residential -including apartments: (1) .One (1) space for each one -bedroom unit shall be provided within a garage or carport. (2) A minimum of one (1) of the required parking spaces for each two or more bedroom units shall be provided within a garage or a carport for each living unit. (3) Parking Development Standards contained in Section 25.33-3 of - this Ordinance shall be applicable. 25.33-S Parking Design Standards All parking areas other than single-f@nily conventional development, shall be subject to the following regulations: 25.33-5.01 Access Drives Access droves leading to aisles within a parking area shall be a minimum width of twenty-four (24) feet for two-way and twelve (12) feet for one- way. 25.33-5.02 Aisle Width Whm two-way traffic is desired, aisle widths and maneuvering areas shall be a minimum width of twenty-four (24) feet. 25.33-5.03 - Driveway and Accessway Requirements Driveways and vehicular accessways providing access between a street and a parking area or garage area shall be paved, marked and maintained; and they shall have a minimum width of twenty-four (24) feet for two-way traffic and twelve (12) feet for one-way traffic. 25.33-5.04 Minimum Aisle Width Requirements Minimum aisle width in feet for one-way traffic: Parking Angle Degree: 30' Aisle Width: 22, Parkin 00 AAnnggle Degree: • 450 Aisle Width: is, Parking A Ie Degree Ow Aisle Width: 24' 16.33-5.05 alsIrvedfor Parking L��wings L 26.33 (5) a4� ,P A•Ap r 2S.33-S.05 Special parking Design Standards (1) All landscape planter beds in interior parking areas shall be not less than four (4) feet in width and bordered by a concrete curb not less than six (6) inches in height adjacent to the park- ing surface. (2) landscaped areas shall be distributed throughout the entire park- ing area as evenly as is appropriate•in the design -of the park - facility. (3) A sprinkler system shall be installed in all landscaped areas to Insure the proper maintenance of plant materials. (4) Where trees already exist,. the parking lot shall be designed to - nake the best use of this existing growth and shade wherever it is reasonably possible. (5) landscaping shell include shrubs, trees, vines, ground covers, hedges, flowers, bark, chips, decorating cinders, gravel, an4 similar. material which will improve the appearance of parking. areas. 25.33-6 Residential Off -Street Parking Schedule C In any district -where a residential use is permitted, off public street ` parking for residential uses shall be in conformity with the following requirements unless otherwise specified in any approved Planned Develop- ment District: 2S.334.01 Single family Residences Single Family Parking Requirements (conventional detached or mobile homes). Two parking spaces per dwelling unit shall be required. 25.33-6.02 Multiple Family Residences Apsrtawnt Parking Space Requirements: (1) One bedroom ' 15 per unit Two bedroom or larger units 2:0 per unit (2) Condominium or cluster units 2.6 per unit 25.334 . Co nercial gnd Industrial Off -Sheet Parking Schedule TM following land uses shalt provide off-street parkil in conformity with thead following requDistirements unless otherwise specifiad in any approved M 33 (0) C. 115E A. Commercial and Industrial uses: (1) Avtomobile washing and cleaning establishments, except self-service. (2) Barber shops or beauty parlorl. (3) Brildings used solely for coin-opersted laundromets or dry cleaning. (4) Comamercial banks. MINIMUM PARKING STALLS REQUIRED 16 minimnma 2 for each barber chair and 3 for each beautician station. 1 for each 3 machines. 5 for each 1,000 square feet of gross floor area. (5) Commercial financial 1 fox each 250 square feet of gross institutions, Savings : floor area. Loan offices, public and private utility offices. At (6) In storage �a cshall to meetnconnectionwihcontcppeneedsof thp id the facility. tor's business; storage yard. (7) General retail stores, ex-' I for each 250 square feet of floor " apt as otherwise specified area, exclusive of stairways, elevators, herein. landings, mechanical rooms not exceeding 15% of the gross floor area. (a) Lustier yards. 1 for each 500 square feet of gross - floor area for retail sales, plus 1 ; _ for each 1,000 square feet of open area devoted to dtsplay or sales; plus 1 for each 2 employees. (9) Mortuaries and funeral 5 plus 250 square feet of usable and homes. accessible paved parking area for every 2S square fast or fraction thereof of assembly room floor area. (10) food store, supermarket, i for each 200 square feet of gross or super drugstore. floor area. (11) Motels and hotels. 1.1 for each guest unit,, plus required sp does for additional uses on the site. (12) Motor vehicle sales and 1 per 400 squaw feet of -gross floor automotive repair, area, (AMENDED BY ORDINANCE 128) � �.••+.,,, mil` H y _+Y' � _ J .y. ,q��•:A •tee a"�.. .. .. ,'(� Z 115E (13) as other- offices,eix C eept wise (14) Self-service automobile %@sett. (1S) Specialty and District Slopping Centers. (16) Community and Regional Shopping Centers. (17) Stores solely for the sale of furniture and appliances. (38) Trade schools, business colleges, coercial schools, and other private schools. (19) Autosoblli•Service Station. (!0) Plant nursery, garden shop, or similar outdoor sales and display area, including gneen houses or lath houses. Ott) Automobile leasing and rentals. t. Commercial Remotion.. (1) IowlUg alleys and billiard (t) Cow S- cial stables. (3) 3lrivi" renges' (golf). A, . . MINIMUM PARKING STALLS REQUIRED 1 for each 250 square feet of floor area, exclusive of stairways, elevators, landings, and mechanical moss, not exceeding 15% of the gross floor area. 5 for each 2 stalls. 5 for each 1,000 square feet of gross floor area. 5.5 for each 1,000 square feet of gross floor area. 1 for each 500 square feet of gross floor area. 1 for each 3 student capacity' of each classroom plus 1 for each faculty member or employee. 10 spaces. 5, plus 1 additional space for each 500 square feet of outdoor sales, display or service area. 1 for each 400 square feet of gross floor area plus 1 for each rental vehicle. 2 for each a11ey, 2 for each billiard table contained therein. Sufficient area, treated to prevent dust, to provide for the needs of customers and employees but not less than one asseseibI* space for each five horses kept on the premises. 1 per tee, plus the spaces re- quired additional uses og 16.33 (8) (AMENDED IV ORDINANCE 120) t 7 USE (4) colt Courses (Regulation course). _ (5) Pitch and Putt. (6) Skating rinks, ice or roller. (7) Swimming pool (cat... rcial). (8) Tennis Facility (commercial. C. Health Uses: (1) Dental clinics or offices; medical clinics or offices. (2) Convalescent and nursing homes, homes for aged, rest -twos. children's homes and sanitariums. (3) Hospitals (4) Veterinary hospitals, and clinics. (5) Health studios and spas. 0. Manufacturing Plants and Kindred Uses 11) Industrial uses of all types eelpivlbfrwdbuilding usd luusseyopur. penes. MINIMUM PARKING STALLS REQUIRED 5 per hole plus the spaces re- quired for additional uses on the site. 3 per hole, plus requirements for accessory uses. 1 for each 100 square feet of gross floor area, plus the spaces requirelt for additional uses on the site. 1 for each 500 square feet of pool area, plus the spaces re- quired for•additional uses on the site. 3 for each court plus the spaces required for additional uses on the site. 1 for each 200 square feet of floor area exclusive of stairways, ele- vations, landings, and mechanical -rooms, not exceeding 15% of the gross floor area. 1 for every 4 beds in accordance with the resident capacity of the home as listed on the required license or permit. 1 3/4 for each patient bed. 1 for each 300 square feet of gross floor area. 1 for each 150 square feet of gross floor area. (For the purpose of this subsection, swimiming pool area shall be counted as floor area.) 2 for each 3 employees plus 1 - for each vehicle operated from and stored on the property but in no event less than 1 for each one thousand square feet of gross floor area. Ll ti.33 (9) (2) Warehouses, storage build- ings or structures used ex- clusively for storage pur- poses. (3) Wholesale establishments and warehouses not used exclusively for storage. (4) Public utility facilities Including, but not limited to Electric, Gas, Water, Telephw and Telegraph facilities not having business offices on the promises. E. Piaces of Assembly: (1) Restaurants, taverns, lounges and other estab- tistanats for the sale and consumption on the premises of food and beverages. Take-out restaurants. (2) Auditoriums. theaters. sports aranas. stadiums, (3) Libraries. .(4) ►rivate clubs lodge belts, union headquarters. 15.33 (10) 7 MINIMUM PARKING STALLS REQUIRED 2 for each 3 employees, but In no event less than 1 for each one thousand square feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 1 for each 3,000 square feet of gross floor area. 1 for each 2 employees in the largest shift plus 1 for each vehicle used in con•• section with the use. A mini.. mum of 2 spaces shall be pro- vided for each such use re- gardless of building space or number of employees. 10 minimum or i5 spaces per 1000 square feet of gross floor area. 10 plus 1 for each 100 square feet of gross floor area. 1 for each 3 hats or 1 for each 35 square feet of gross floor area where there are no fixed seats. i for each 500 square feet of gross floor area. 1 for each is square feet of gross floor area. .i R USE MINIMUM PARK114G STALLS REQUIRED (S) Churches and other plates 1 for each 3 fixed seats within of assembly trot specified the myin auditorium or for above. every 35 square feet of seating C area within the main auditorium where there are no fixed seats; 18 linear inches of bench shall be considered a fixed seat. r� L P. Other Uses: (1) Day nurseries, including 2 for each 3 employees and pre-schools and nursery. teachers plus 1 loading space schools. for each 8 children. G. When a fractional figure is found as a remainder in computations made to determine the number of required off-street parking spaces or garages said fraction shall be construed as the next larger whole number. (1) Parking area shall be computed by adding the areas used for access drives, aisles, stalls, maneuvering, and landscaping within that portion of the premises that is devoted to vehi- cular parking. 25.33-8 Joint Use Parking Dual use of parking may be allowed where the operating hours of the uses involved do not overlap. Joint Use of Parking shall not exceed 50% of the required•spaces of any uses involved. The agreement for said joint use shall be in the form of a recorded covenant and shall be acceptable to the City Attorney. The approval for the joint use can be granted only by the Planning Commission and shall apply exclu- sively to the C-1 Zone District. #25.33-2 In -lieu Perking PagMnts In commercial districts, parking spaces required by the provisions of • this section tray be satisfied by the payment of a fee, per parking space . to the Off -Street Parking Fund of the City prior to issuance of a build- ing permit provided that the district in which the use is to be estab- lished is within an established Parking District. Funds placed into the Off -Street Parking Fund pursuant to the provisions of this Article shall be used exclusively for the purpose of acquiring and developing off- street parking facilities, limited insofar as practicable to the general vicinity of the premises for which the in -lieu payments were made. Said payment shall be in an amount set forth by City Council resolution. This provision shall apply only to projects in the C-1 and P-0 Districts and afar not be used to replace more than 60% of the required spaces. 25.33-10 off-strMt Loading Reguirementl 26.33.10.0% General Provitions _ Ever hospital, institution, hotel, motel commercial or industrial buil d- ittg after erected or established shad have and maintain loading spaces as provided subject to the following standardst 25.33 (11) (AMENDED BY ORDINANCE 128) r i t . (1) tech lading berth shall be not less than forty-five (45) feet in length and twelve (12) feet in width exclusive of aisle or man- euvering space and shall have an overhead clearance of not less than fourteen 114) feet. (2) Such space my occupy all or any part of any required yard space, except front and exterior side yards, and shall not be located closer than fifty (50) feet to any lot in any resi- dential zone unless enclosed on all sides except the entrance by a wall not less than eight (8) feet in height. •• (3) Sufficient room for turning and maneuvering vehicles shalt be provided on the site so that vehicles shall cross a property line only by driving forward. (4) Each lading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley. (S) Entrance from and exits to streets and alleys shalt be designed _ to minimize traffic congestion. (6) The lading area, aisles, and access drives shall be paved Sb as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, streets, or alleys. (7) Bumper rails shall be provided at locations where needed for safety or to protect property. (8) If the lading area is illuminated, lighting shall be deflected away ?rows abutting residential sites so as to cause no annoying glare. (9) No repair work or servicing of vehicles shall be conducted in a lading area. (10) Off-street lading facilities shall be located on the same site with the use for which the berths are required. (11) If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this Ordinance for each use. If more than one use is located on a site and the gross floor area of each use is less than the minimum Tor which loading berths are required but the aggregate gross floor area is greater than the minimum for which lading berths are required, off-street loading berths shalt be provided as if the aggregate gross floor area verb used for the use requiring the greatest number of loading berths. (12) Off-street loadinp facilities for a single use shall be con- sidered as providing required off-street loading facilities for any other use as long as sufficient spaces are provided to most the requlrmmts of all uses. (, (13) At the time of initial occupancy, ajar alterations or enlar6- mot of a tilts, or of completion of construction of a structure or of a major alteration or enlargement of a structure# there shalt be provided off-street loading berth requirements. The number of leading berths provided for a major alteration or en- 15.33 (12) largement of a site or structure shall be in addition to the ( hamber existing prior to the alteration or enlargement. (14) Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street park- ' ing facility. (1S) lading space being maintained in connection with any existing Min building existing on the effective date ofi this Ordinance shall thereafter be maintained so long as said building remains, unless an equivalent number of such spaces are provided on a con- tiguous lot in conformity with the requirement of this Article; provided, however, that this regulation shall not require the maintenance of more loading space than is hereby required for a new building, nor the maintenance of such space for any type of main building other than those specified above. (16) No lading space which is'provided for the purpose of complying with the provisions of this Ordinance shall hereafter be elimin- ated, reduced, or converted in any manner below the requirements established in this Ordinance, unless equivalent facilities are —provided elsewhere, conforming to this Ordinance. 2S.33-10.02 loading Spaces Required The following off-street lading spaces dhall be provided for all hospi- • tals, institutions, hotels, commercial and industrial uses. Total Square Feet of Building Space faros: floor areal Loadina Spaces Required (1) Commaercial and Industrial Buildings Ins than 69000 0 6,000 - 15,000 1 15.001 - 40,000 2 40,001 - and over 3 . (2) "halm, Institutions 60,001 - 100,000 ! 100,001 - and over 3 (3) hotels 1 15.33 (13) (AMENDED BY ORDINANCE 128) r;ck 4. ARTICLE 26.71 BUILDING LINE REGULATIONS Maio buildings and structures may be constructed or placed on any por- tion of a building site except within the following areas: i. Within the ultimate right-of-way, as defined, shown as exist- ing on the Hester Plan of Arterial Highways or within the ul- timate right-of-way, as defined, of any local or private street; !. Within the setback area established by the designation of a build-' ing line on a Precise Plan of Highway Alignment or an official sectional district amp; and ). Except as otherwise provided by this Ordinance. t r a { ►-} L�• WWI! -• -tT�v� "�R•-,''i_�.iSk. .Ate •4 r ARTICLE 25.35 PMIITTED TEMPORARY USES ` 2S.3S-I Intent and Puroose Uses permitted subject to a Temporary Use Permit are those temporary uses which are required in the process of aste..lishing a permitted use, or constructing a public facility. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the tommmunity. 2S.3S-2 Uses Permitted Subject to Temporary Use Permit_ Sales of art work. • Christmas tree sales. Carnivals. circuses, special events of not over 72 consecutive hours. Garage/yaM sales (limited to 60 consecutive hours). Parking and storage of earth'inoving or construction equipment. Storage of materials incidental to the carrying on of a public works project, subdivision or construction project. Real estate tract sales office.. Canstruction - garage or shed for subdivision construction. Model homes, model home sales offices. Such other uses as the Zoning Administrator may consider to be within the intent and purpose of this section. • 25.35-3 Application and Filing Fee Application for a temporary use permit may be made by the property owner or his authorized agent. Such application shall be filed with the Zoning Administrator.who shall charge and collect a filing fee for each such application, as determined by resolution of the City Csrncil. 25.394 Decision Application for a temporary use permit shall be reviewed by the Zoning Administrator. The Zoning Administrator shall approve, conditionally approve, or disapprove such application. Approval or conditional ap- proval shall be given only when in the judgment of the Zoning Administra- tor such approval is within the intent and purposes of this section. 25.35-5 fmitions In approving such a permit the approval shall be made subject to a time limit root to exceed sixty 160) days provided that a permit for a tract home or iot sales office or construction site uses may be for &`period not to *mid one (I) year. Extensions or re -extensions May be granted if conditions remain unchanged not to exceed one (I) year. _ Regulation of hours. Aegulation of lights. i 25.35 (I) 0� 1 ; Requ'rements of ponds or other guarantees for clean up or removal of structure or equipment. Such other conditions deemed necessary to carry out the intent and purpose of this section. , r• s A 26.35 (2) • ARTICLE 25.36 HOME OCCUPATIONS 2S.36-1 Intent and Purpose This section is intended to provide for those uses customarily conducted entirely within a dwelling and carried on by its occupants. The use must • be clearly incidental to the use of the dwelling and may not change the • character thereof nor adversely affect the uses permitted in the dis- trict of which it is a part. The purpose of a Home Occupations, shall be limited to the use of the home for telephone and mailing address purposes only. 25.36-2 Regulations Home occupations allowed by the provisions of this Ordinance shall be granted by the Zoning Administrator provided the home occupation complies with the following regulations: There shall be no stock in trade other than products manufactured on the premises. A home occupation shall be conducted in a dwelling and shall be clearly incidental to the use of the structure as a dwelling. A home occupation shall not be conducted in an accessory struo= ture, and there shall be no storage of equipment or supplies' in an accessory structure or outside the dwelling. There shall be no external alteration of the dwelling in which C a home occupation is conducted, and the existence of a home. occupation shall not be apparent beyond the boundaries of the site', except for a nameplate which shall be in accord with the provisions of Article 25.38. No one other than a resident of the dwelling shall be employed in .the conduct of a home occupation. No motor shall exceed one horsepower, and the total horsepower of such motors shall not exceed two horsepower. A home occupation shall not create any radio or television inter- ference or create noise audible beyond the boundaries of the site. No smoke. odor, liquid, or solid waste shall be emitted. No truck of more than one ton capacity. and no semi -trailers in- cidental to a home occupation shall br kept on the site. Not more than one truck of 3/4 ton capacity or greater up to one ton, shall be kept off the site. A home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the district. !f. 36-3 Use Permit t Application for a home occupation use permit shall be made tb the Zoning Administrator on a form supplied by the City Planning Commission. The Jonimg Administrator shall issue a certificate upon determining that the 4 bropo-ad home occupation meets all the requirements of this .section. i t6.36 (1) to C 1S.36-4 IN u and Renewal of Rome -Occupation Use Permits All time permits for home odcupations shall continue in existence and shall be autoimatically renewed on a year-to-year basis unless the Zon- i Administrator denies renewal in accordance with the provisions of Mis section. IS.WS Permit Fees 1 Upon initial issbance and renewal of a home occupation use permit, the Zoning Admiinistrator shall collect a fee for such permit as dgtermined by resolution of the City Council. 16.36 (1) ARTICLE ZS.37 LINE OF SIGHT 15.37-1 Intent and, Nroose TM purpose of this article is to preserve the surrounding scenery in the • com munitk yet it the same time allow for varieties of elevation to avoid urban monotony. 1S.37-1 RESERVED 8 ".37 (1) s aM W F q c: `n'''^ yr � a •, l xr, AWICU IS.39 SIGNS 2S.38-1 INTENT AND PURPOSE This article is intended to implement the goals and policies of the General Plan particularly with regard to developing a City that is visually attrac- tive and preserving and enhancing the visual aspects of the City's streets and highways. This article is also intended to provide for a more orderly presentation of advertising displays and identification on properties with- in the City of Palm Desert which are zoned commercial, industrial, and re- sidential; to bring those devices in harmony with the building, the neigh- borhood, and other signs in the area; to protect the general welfare of the businessmen and residents within the same area, as well as the citizens of Palm Desert, and to do so by regulating and controlling the location, de- sign, quality of materials, illumination, and maintenance of signs and sign structures. 2S.38-2 DEFINITIONS - 25.38-2.01 Sign A sign shall ,lean any thing of visual appearance primarily used for, or having the effect of, attracting attention from the streets, sidewalks or other outside public areas for identification purposes. A sign shall not mean displays -of merchandise or products for sale on the premises, or signs, inside buildings except when less than three (3) feet behind a win- dow, and facing public view, or ornamentation, design, statuary, architec- ture, landscaping, pictures. paintings or other such art forms unless, . 'in the case of.any exceptions listed in this Section. the attraction, because of locations, size, use or the nature thereof, has the substan- tial effect of attracting attention for identification purposes when viewed from an outside public area. The basic intent behind this defini- tion is not to discourage product displays, design or art forms epito- mizing simplicity, good taste and compatibility with the community's desired image. 2S.38-2.02 Advertising Device Any balloon, flag, pennant, propeller, oscillating, rotating. pulsating, light, or other contrivance except a st used to attract attention for the purpose of.promoting (either directly or indirectly),.the sale of products of any person. 25.3E-2.03 Adwrtlsing Diselay Any device, contrivance, statue or structure other than a sign used as a display, regardless of site and shape, for the purposes of attracting attention or making anything known, the origin or place of sale of which is on the property with such advertising display. 25IW2004 area o„ Ares of Slen The or*a of a sign shall to within a single continuous perlmater of not 1 mbre than eight (a) straight lines enctosinp the extreme limits of writing, representation, @$blow, or any fI re of similar character together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. In the case of a sign designed with more than one exterior surface, the 15.38 (1) (A► mnrn Rv nPinTHAUff. 1791 area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports, uprights, or structure on which any such sign is supported ( shall not be'included in determining the sign area unless such supports, uprights, or structures are or is designed in such a manner as to form an integral background of the display. 2S.38-2.05 Building In addition to its common meaning, a building shall include any struc- ture requiring a building permit. y 25.38-2 A Business Sion A sign displaying information pertaining to goods or services offered or produced by the business located on the property, but not including advertising devices or advertising displays. 25.38-2.07 Combination Sign - IV: Any sign incorporating any combination of the features of freestanding, projecting and roof signs. 25.38-2.08 Construction Sign A temporary eign stating the names of those individuals or firms directly t.-n, cted with the construction or development project, their C addresses aww their telephone numbers. _ 25.38-2.09 Externally Lighted Sian A sign whose immediate source of illumination is not enclosed by the surface of the sign structure. 25.38-2.10 Free Standing Sign A sign supported by uprights or braces placed upon or into the ground and detached from any building. 25.38-2.11 Height of a Sion The greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign. 2S.38-2.12 Ldentificatign Sion A sign limited to the identifying news, spbol or insignia, or any com- bination thereof, of a building, use. or persm s occupying the premises an which the sign is located. 25.38-2.13 jnternO IX Lighted Sion A sign with an immediate source of illumination that is c9mpletely on. Closed by the surface of the Sion structure. 25.3t (2) (AMENDED BY ORDINANCE 129) 25.38-2.14 Name Plate C A sign not exceeding one t1) foot by three (3) feet signifying only ft nave of the occupant and his occupation or speciality. 25.38-2.15 Outdoor Advertising Structure or Sian A sign pliced fbr the purpose of advertising products or services that are not produced, stored, or sold on the property upon which the sign is located. 1 2S.38-2.36 Price Sign A sign limited to the name or identification of items or products of- ' fered for sale on the premises, and the price of said items or products. 25.38-2.17 Projecting Sign 'A sign other than a wall sign suspended from or supported by a building or structure and projecting outward t#ierefrom. 26.38-2.18 Real Estate Sion A temporapc sign advertising the sale, lease, or rent of the property upon which it s located, and the identification of the person or firm handling such sale, lease, or rent. C 2S.38-2.19 , Roof Sign A sign affixed on, above, or over the -roof of any building, or any sign affixed to the wall of a building so that it projects above the save line of a roof. The top of a parapet wall shall be considered the save line.. The lowest -point of a mansard style roof shall be con- sidered the save line. Where a parapet wall is combines -with a mansard roof# the save line shall be the top of the parapet. 25,36-2.20 Sion Face The surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered as such together with the frm and the background. 26.38-2.21 M� 1 Sian A sip+ attached to or orected on the exterior will 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 save 11ne. The top of a pera- pot wail shall be considered the saw line, The lowest part of a man- sard style roof shall be considered the save line. Where a parapet wall _ is combined with a mansard roof, the saw line shall be the top of the parapet. i l 25.38-2.22 [Acgpr wa11, f SUIjding The face or wall of a building shall mean the outer surface of any wain exterior wall or foundation of a building, including windows and store fronts. 26.38 (3) (AMENDED BY ORDINANCE 1791 2S.3S-2.23 Political Sims Politicai signs shall mean any sign concerning candidates for political ( office or involving a ballot issue. 25.38-2.24 RESERVED 25.38-2.2S Vehicle Related Portable Free -Standing Signs A vehicle related portable free-standing sign shall mean portable signs affixed to a vehicle for the purpose of directing people to a business in close proximity to where the vehicle is parked. 25.38-3 SIGH PERMIT PROCEDURE It shall be unlawful for any person to erect, alter, or to permit the erection or alteration of a sign, including painted signs, unless other- wise excepted by this Article, a sign upon any property without first obtaining a written sign permit from the Department of Environmental Services. Signs exceeding $1,000 in value shall be reviewed through the Design Review Board Process as specified in Section 25.39-2 inclusive. Application for such permit shall be wade on a form provided by the De- partment of Environmental Services and shall be accompanied by a fee as C established by Council Resolution. The application shall set forth and cohtain the following inforwAtion and material: 25.384.01 Three Copies of a Plan Showing: (1) The location and size of any building or -structures on the property, in the control of the applicant, both existing and proposed; (2) The location of off-street parking facilities, including major points of entry and exit for motor vehicles where directional signs may be proposed; (3) The position of the proposed sign and its relation to adjacent buildings and structures under the control of the applicant; (4) The design and size, colors-4proposed, and proposed location of the sign or sign structure on the property, under the control of the appl tent; (5) The mthod of attachment to any structum (6) A statement showing sizes and dimensions of all other signs existing on the property, under the control of the applicant. (7) A statem-t showing Ow size and color relationships oil such sign or sign structure to the appearance and design of existing or pro"i posed buildings and structures on the property. 25.38 (4) (AMENDED BY ORDINANCE 129) (8) Such other information as the Department of Environmental Services fty reasonably require to secure compliance with this Article and the Ordinances of the City. 2S.38-3.02 Sign Integration Requirement: Signs on all proposed buildings or new additions to existing buildings shall be designed as an integral part of the total building design. 25.38-3.03 Adjustments The Zonin Administrator for either new or existing signs. -may grant slight adjustments to sign colors or authorize deviations from sign area or distance between signs not to exceed twenty percent (20%), and on sloping roofs the allowance of roof signs not to extend above the ridge line, for existing buildings only, upon a finding that the con- ditions for variance exist as prescribed in -the Palm Desert Zoning .Ordinance and as further set forth herein, when it is determined that no other possible, reasonable method of signs is available. Al! 25.38-3.04 Permit Record Requirement The Department of Environmental Services.shall keep a copy and per- onnent record of each sign permit issued. Each copy shall show the permit nueeer. The permittee shall be required to exhibit the permit at all times in a place satisfactory to the Director of Environmental Services. s 25.38-3.05 Double Permit Fee • The applicable fee for a sign permit shall be doubled when the instal- lation of a sign is commenced before obtaining a permit therefore. • 25.36-4 EXCEPTIONS TO SIGN PERMIT PROCEDURES The following signs, if not illuminated, shall be allowed on all com- mercial, industrial, and residential zoned property without a sign per- mit being required: 25.384.01 One (1) Identification Sian Not exceeding one (1) square foot in•ares, and displaying only the naan and address of the owner or occupant. 24.38-4.02 Directional or Safety Signs As required, provided thats it) Each such sign has first been reviewed and approved by the -Design Neview Board and/or the Director of Environmental Servicesi and (2) Such signs do not exceed three (3) squaw foot per face. 25.38-4.03 1061eme o ; Flags t • (1) Eablow or Flags of Non -Pi It &9anizations - As required, pro- vided that each has first received approval by the Design Review Beard and/or the Director of Environmental Services. 25.36 (5) (AMENDED 8Y OWINANCE 129) 25.38-4.04 Reli io Charitable. Education?', or Cultural oilers t Not exceeding sixteen (16)-square feet W area, and temporary in nature. tS.3B-4.05 Governmental or Other Leoally Required Posters Notices.- r igns 2S.3B4.06 Utility or Telephone Pay Station Signs 2S.38-5 PROHIBITED SIGNS Except for those signs allowed under the provisions of Section 25.38-16.13, Special Permits, the following signs are prohibited in the City: - 25.38-5.01 Rotating Moving, Flashier Chang ng, Re- flecting, or Blinking Signs rohibited Signs which rotate, move, flash, reflect, blink, or appear to do any of the foregoing including search li9htx►=sha11 be prohibited unless required by law or utilized by a proper governmental agency, with the exception of approved time and temperature displays. 25.38-5.02 SiMs on Public Proert or Right -of -Way Prohibited Sins on public property. in the public right-of-way, or on public utility poles shall be prohibited unless otherwise authorized by this Article. Signs prohibited shall include, but not be limited to realtor, open house, and garagb sale signs. This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle identi- fication signs. 25.38-5.03 Sions Not Advertising the Use Name -of Owner. Products, or 5%r'#ittS_AV&11bb1O on the Premises Prohibited Any permanent sign which does not advertise, without reference to prices, a use being made on the premises, name of the owner or user, or which does not advertise a product, an interest, service, or entertainment available on the premises shall be prohibited. 15.3 -5.04 TeM213 ry_ or Portable Free Standing Signs Except as otherwise provided herein. 25,W5105 Advartisinn D!Xicos is 3d-5.06 Advertising Displays outside of buildings, - 2S.38-5.07 �n i� ' 26.38-6.08 lof s1anL 96.38-(6) (AMENDED OV ORDINANCE 129) 5.384 ABATEMENT Of ILLEGAL SIGNS The Director of"Environwental Services shall see that this Ordinance 1s en- t tbreed. He shall not permit, and shall abate, any sign within the City which fails to meet the requirements of this Ordinance or other applicable law. The Director of Environmental Services. or his authorized representative. shall remove any temporary sign for which a sign permit has not been ob- tained as required by this Ordinance. The Director of Environmental Ser- vices, or his authorized representative, shall notify the owner or user of a permanent sign which has been installed without the acquirin of a sign permit, that said illegal sign shall be removed within ten (101 days. Upon receipt of this notice, the owner or user of a permanent sign that is deter- aMned to be illegal does have the right to appeal the decision or notice within ten (10) days thereafter to the City Council pursuant to the pro- visions of the Public Nui,.nce Abatement Ordinance No. 24. Any illegal permanent signs existing prior to the enactment of this Article shall not be abated by the City until one (1) year after the enactment of this Article. (MINDED BY ORDINANCE 129) 25.38-10.04 Sims for Special Events One (1) unlighted sign shall be permitted for special events such as garage salesr patio sales, block parties, or similar events. Said ( sign shall not exceed three (3) square feet 1n area or four (4) feet In height. 25.38-10.05 Other Signs No other signs shall be erected or maintained in any single family zone, as established by the Zoning Ordinance, except for those signs specifically authorized by the Design Review Board Process. Any such sign so authorized shall be necessary to preserve a legal right or serve an economic need and shall not be deeried likely to cause undue detrirent to surrounding uses or the economic values of the surrounding properties. Signs so authorized shall be located and erected in a manner satisfactory to the Director of Environmental Services or his authorized representative. o 25.38-11 SIGNS IH RESIDENTIAL ZONES OTHER SINGLETHAN The predominant idea in authorizing signs in the other residential zones is to strive for a one sign complex to eliminate clutter and to promote compa- tibility, proportion, simplicity, and sign effectiveness. 25.38-11.01 Sion Area - Hotels. Hotels. and Apartments Each hotel, motel, or apartment complex shall be limited to one (1) sign C per complex. The total or a99regate area of the principal sign shall not , -exceed the equivalent of one 1) square foot of sign per lineal foot of frontage which the building has facing on the adjacent right-of-way with a maximum entitlement of fifty (50) square feet. Such signs shall include in their design layout, all accessory service signs. Accessory signs shall be prohibited unless designed in conjunction with or made an integral part of the principal sign. Criteria to be used in designing and locating these signs shall be those of proportion, simplicity, utility, and compatibility with surrounding uses and development. 2S.38-11.01 SionArea - Condominiums There shall be a basic allowable slpn arch of ten (10) square feet plus one (1) additional square foot of sign area for every ten (10) units to be encompassed in one (1) sign for each main entrance with a maximum of fifty (50) square feet in area...As an alternative, two signs located one on each side of the entry, not to exceed fifteen (15) square feet may be permitted. Said sign shall be displayed at the main entrance and shall only depict the name of the complex. Permanent signs within the complex shall be a roved by the Design Review Board Process, but no interior sign shall ba larger than six (6) square feet. 26.38 (10) (AMENDED BY ORDINANCE 129) 25.38-11.03 Sign Area - Other Hon -Residential Uses Alloweg One (1) externally lighted or unlighted identification sign not ex- ceeding twenty (20) square fleet in area shall be permitted for autho- rized uses, such as churches, day care centers, private clubs, restau- rants, and the a i ke. Authorized commercial uses shall be permitted: One (1) externally lighted or unlighted identification siln not ex- ceeding three (3) square feet in area or four (4) feet in height. 25.38-11.04 Use of Attraction Boards for Hotels and Motels An attraction board may be included in the design and'allowable sign area for a hotel, motel, or apartment house, subject to its location "and design being approved as provided herein. A. The attraction board shall be designed and located so that it is made an integral part of the principal sign. B. If the principal sign is designed and located on a building or in such r-manner that an attached attraction board sign would detract from the appearance of said sign, a detached attraction board sign shall be allowed, provided: C (a) That the size of the detached attraction board sign shall be Counted as part of the total allowable sign area. (b) That the maximum allowed size for a detached attraction board sign shall be five ;:) square feet per face. (c) The now of the hotel or motel cannot be indicated on the detached attraction board sign. C. An appropriate combin+ltion of the following information shall be allowed an an attraction board sign: f*dJ "Summmer Rate" t Air Conditioning Vacancy pp Continental Breakfast Credit Cards 6 Welcoming Conventions TV, Color TV i Any other information as approved by Pools, Therapy Pools the Director of Environmental Services Note 0. 1 ollsIn addition to the other sign usage authorized herein, sc us ras or prices on rentals or Wther accommodations may be in- dieaicd by F single sign or attraction board not to exceed eighteen {18) inches b twenty-four (24) inches located no closer than one S1) foot on the inside of a window when facing public view in letters and numbers not to exceed throe quarters (3/4) of an inch in height. The intent of this Section is to limit the use of hotel i motel rate signs solely to the manner provided herein, including the restriction of rate signs that attempt to gain an unfair advantage over competition by the use of a businees nine whtch in letters and/or figures, sug- Best a rate. All such signs author;zed herein shall also complyy. whew compatible, with too provisions of Article 3, Chapter 1,•Part 36 li.38 (11) /AMrN^rn nv AaMriAryrr 1701 t _.. 0 . 0 Division 7 (Section 17560, et seq) of the California Business and Profes- sions Code. Any such sign which fails to comply with the provisions of this Section shall constitute a public nuisance and nay be abated as such. 25.38-11.OS Free Standing Signs Except for otherwise specified height limitations, free standing signs shall not beelocated on the public right-of-way and shall not exceed ten (10) feet in height or the height of the adjacent building, whichever is less. ZS.38-11.06 Double Frontage Lots Front&-ge on two or more streets - A business in a building facing on more than one right -or -way shall be allowed the authorized sign area on each street which it faces, provided that the areas my not be accumulated on one (1) right-of-way and shall not exceed the allowed area of any one (1) right-of-way. Location and design of such sign combinations must be approved by the Design Mriew Board Process so as to eliminate clutter and incompati- bility of suns. 2S.38-11.07 Sale and Rental Signs Uses in Residential Zones other than Single Family Zones shall be authorized one (1) for sale or rent sign while the property is actually for sale or rent. Those signs shall not exceed three (3) square feet in area or four (4) feet in height; and shall be designed and located in a manner satisfactory to the.Direc- for of Environmental Services. All such signs shall be removed upon the rental of the property or upon the completion of escrow. In addition, one (1) rider not to exceed five (5) inches by sixteen (16) inches, may be installed at the bottom of any approved real estate sign. 2S.38-12 SIGNS IiI COMMERCIAL AND INDUSTRIAL ZONES The predominant idea in authorizing signs in the commercial and industrial zones is to strive for one (1) sign per complex to eliminate clutter and to promote compatibility, proportion, si&plicity. and sign effectiveness. 25.38-12.01 Sian Area - Commercial and Industrial Uses Except as otherwise provided in this Article, each separate business shall be limited to one (1) main sign integrated into the design of the building. Re- lative thereto; the following sign areas shall apply: - A. Duildinos withi` one hundred 11_00) feet of public rat h_t-of-wain_ - The total r aggregate aroa of a winsign for any -bus ass in as building located within one hundred (100) feet of the right-of-way upon which it feces shall not exceed the equivalent of one (1) square foot of sign area per lineal foot of front&ga which the building has facing on a right-of-way or parking lot. Except as otherwise provided here- in, such sign shall have a surface area no greater than fifty (SO) square feet. No such signs shall be closer than ten (10) feet from any other sign permitted hereunder. Such a sign must be located ad- laoent to the right-of-way or parking lot from which its maximum 0- owabla size is detaWned. .b 26.38 (12) (AKKKO BY OROIIIANCE 129) r. B. Buildings one hundred (1001 feet or more from the right-of-way - The total aggregate area for a min sign for any business in a building located one hundred (100) feet or more from any right- of-way upon which it faces shall not exceed the equivalent of one and one-half (14) square feet of sign area per lineal foot of frontage -which the building has facing on a public right-of- way or parking lot. Except as provided herein, such signs shall have a surface area no greater than seventy-five (75) square feet. No such sign shall be closer than ten (10) feet from any other sign permitted hereunder.* Such a sign must be located ad- jacent to the right-of-way or parking lot from which its maximum allowable size is determined. - C i, C. Over p i bu teeL or tronLage - A Single Cuslness navin a nee rontsga or any r g t-of-way in excess of fifty (50 feet way be allowed, in addition to A or B abovean additional one (1) square foot of sign area�ftr each two (2) feet of front- age in excess of such fifty (50) feet up to one hundred (100) feet, and an additional one 1) square foot of sign area for each four (4) feet of frontage in excess of one hundred (100) feet. 25.3E-12.02 Frontase on Two or More Streets or Parking o s A. frontage on two or more streets - A business in a building facing on more than one right-of-way snail be allowed the authorized sign area on each street which it faces, provided that the areas my not be accumulated on one (1) right-of-way and shall not ex- ceed the allowed area of any one (1) right-of-way. Location and design of such sign combinations must be approved by the Design Review Bard Process so as to eliminate clutter andlncompatibility of signs. B. Frontage on Parking Lots - A business having frontage only on a eoemon usage or public parking lot or a business which has a rear frontage on a common usage or public parking lot may be allowed a single sign on said frontage, on the basis of one (1) squaw foot of sign area per lineal foot of frontage on said parking lot not to exceed fifty (60) square feet. No such signs shall be closer than ten (10) feet from any other sign permitted hereunder. 25.38-12,03 H�ieht A. 1Ne 1 3_ig!s_- IN top of such signs shall not be higher than the -ea" line of the building on which it is located as measured from On under side of the eave and in no event higheer than twenfy (20) feet. (See definition of Mall Sign for clarification of am line end see Section 25.36-6 Adjustments for special circumstances for unique root designs.), 26,36 (13) (AMEiIDED BY ORDINNICE 129) .t t. Free Standln_ SO I9ns - Except as otherwise provided herein, free s na ng signs Sall be prohibited on a single parcel of property where there is more than one business. Where authorized for a sing9le business, a free standinc sign !':iJ 1 not be located on the Cub right -of -May and shall ne .•,.. d twelve (12) feet in height. The size of the free standing sig,. .real; not exceed the limitations of Section'25.38-12.01 inclusive and shall be in lieu of any wall signs. 25.38-12.04 Second Story Businesses Businesses maintained exclusively on the second floor of a two (2) story building my be allowed up to fifty percent (50%) of the sign • area authorized for businesses conducted in single story buildings by the Design Review Board Process. 25.38-12.05 Sion for Pedestrian Traffic Where the principal sign for a busintls is located so that it cannot be seen by pedestrian traffic, an identification sign, in addition to that otherwise allowed in this Article, shall be permitted. Such a sign shall be no larger than three (3) square feet (three (3) feet on each ijde) and it shall be designed and located so as to not dis- tract from the appearance of the building or violate the intent of this Ordinance. 25.38-12.06 RESERVED - ( 25.38-12'.07 Temporary Signs within Window Areas Temporary informiational signs not to exceed a maximum of five (5) square feet of the window area of a business may be used. Such signs shall be located on the inside of the window and shall not require prior approval of the City. 25.38-12.06 `Sale" Sions While a sale of goods or services is being conducted, one (1) "sale" sign shall be allowed, located on the inside of the window. Such a sign shall be in addition to the total authorized sign area but shall mot exceed ten (10) square feet. When improperly used, "sale" signs constitute a public nuisance and may be abated as such. 25.38-12.09 Listing of gsiness Associates to addition to the other sign usage autherized herein, each separate business shall be allowed lettering on of behind windows facing the public view indicating the owners, operators, or business associates exercising the use, provided that such lettering shall be enclosed within a single area and shall not exceed a total of three (3) square feet: I C Y5.36-11.10 Use of Attrac ion Boards by Might Clubs In addition to the vi tted sign area. one (1) attraction board to advartise night club. theatre, or cabaret entertainment shall be al- lowed, provided that the locatich has the required off-street parking as set forth in the Palo Desert Crdlnante Code. No perimit shall be 15.38 (14) - -- ..........._ ..., s � s.2 • -_ pie'' .�A. • issard, nor shall any person erect on attraction board until its design and location are approved as provided for herein. C A. The maximum allowable site for in attraction board shall be twenty-five (25) square feet if facing on a street; or fifteen (16) square feet on each side if the faces are at right angles to the street. The advertising on the attraction board shall be limited to coming and current entertainment only. Attrac- tion boards shall not be used to advertise rates or prices of attractions. 25.38-12.11 Gasoline Service Stations Gasoline service stations shalt be limited to those signs as approved by the Planning Commission as a part of their action on a conditional use permit and/or amendment thereto for the service station which shall in no event exceed the following limitations: (1) one double-faced free standing monument sign not to exceed twenty- four (24) square feet in area or not to exceed eight (8) feet in height, and advertising only the name of the company. (2) One ten (10) square foot wall sign advertising the company name and/or operator. (3) one wall or ground sign, not exceeding eight (8) square feet in area or eight (8) feet in height for a ground sign, advertising the actual lowest price per gallon including all taxes at which regular, premium, and unleaded gasoline are currently being of- fend. Any special conditions required for sale at such lowest price shall also be indicated. 25.38-12.12 Signs in District and Regional Shoaping Centers_ In addition to the wall sign area allowed for individual businesses, shopping centers in excess of three and one-half %) acres of land shall be allowed one (1) Identification sign on each right-of-way. Such signs shall not extend beyond the property line or into the right-of-way and shall be used solely to identify the shopping center, shopping area, or businesses and/or activities conducted therein. Re- lative to such signs, the allowable sign -area shall be based on five (6) square feet of sign per acre. These signs shall not exceed twenty- five (25) square feet, shall have a maximum height of eight (8) feet, and shall not be erected without first having proper approval as pro- vided herein. farther, when the unique design of the center allows for adequate In- to ration of a larger sign the permitted pedestrian traffic signs as allowed in Section 25.38-12.06 may be increased to a maximum of six (6) "ore feet per side, M3e (1s) (AMEMDCO 8Y ORDIMNICE 129) f 40 M 36.12.13 Sale and Rental Signs Commercial and industrial properties shall be authorized sate or rental sig m on the following basis: under 2y acres - i sign Over.2y acres, but less than 5 acres - 2 signs Over S acres - 1 sign per street frontage These signs shall not exceed three (3) square feet in are2 or four (4) feet in height and shall be designed and located in a manner satisfactory to the Dfrector of Environmental Services. Such signs shall be removed upon completion of escrow. - 25.38-13 SIGNS IN RM ZONES - SIGN AREA A Mobile home park shall be allowed one (1) externally lighted or unlighted identification sign not exceeding the egl#ivalent of one (1) square foot of stgn area per ten (10) lineal feet of frontage on each right-of-way upon which the business fronts. No sign shall have a surface area of greater than thirty (30) square feet and may be erected at right angles to the right - of -my. f (1) Free Standin Signs - Free standing signs shall not exceed eight (8) feet in height. (2) Sale and Rental S1 ns - Mobile home park properties shall be authorized one -sae or rental sign white the property is actually for sale or rent. These signs shall not exceed three (3) square feet in area or four (4) feet in height and shall be designed and located 1n a manner satisfactory to the Director of Environmental Services. In addition, one (1) rider, not to exceed five (5) inches by sixteen (16) inches sny be installed at the bottom of any approved real a -slate sign. 2S.38-14 RESERVED 25.38-15 RESERVED 25.38-16 GENERAL PROVISIONS The following general sign usage provisions and regulations shalt apply for all signs. The basic intent is to protect the public and property owners aga nst dowrading of aesthetic and property values. herefore, any additional sign usage authorized hereunder shall be strictly construed in its application, 2S.t.8-16.01 Wien�i�ardProcess Each sign shall be submitted to the Design Review Board Process prior to its erection. In the case of new developments, a signing program shall be submitted as part of the Site Plan Review procedure. (AMENDED BY ORDIHNICE 129) M 0 tS. W 16.02 Sion Review Criteria All signs which are regulated by this Article shall be subject to the approval of the Design Review Board Process. In approving or rejecting a particular sign permit, the reviewing body shall utilize the following review criteria: (1) That the sign is necessary for the applicant's enjoyment of sub- stantial trade and property rights; (2) That the sign is consistent with the intent and purpose of this Article and Zoning Ordinance; (3) That the sign does nol: constitute a detriment to public health, safety, and welfare; (4) That the size, shape, color, and placement of the sign is com- patible with and bears a harmonious relationship to the building it identifies; (5) That the size, shape, color, and placement of the sign is com- patible with and bears a harmonious relationship to the neigh- borhood and other signs in the area; - (6) That both the location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative C motifs, spacing, and proportions) are legible under normal viewing conditions prevailing where the sign is to be installed. (7) That the location and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs; (S) That the location and design of the proposed sign - its size, shape, illumination, and color - are compatible with the visual characteris- tics of the surrounding area so as not to detract from or cause de- preciation of the value of adjacent developed properties; and (9) That the location and design of a proposed sign in close proximity to any residential district does not adversely effect the value or character of the adjacent residential district. 25.38-16.03 Signs FaginilPH vate Property Prohibited All signs authorized hereunder must be placed on the side of property facing on public or private right-of-way. 26.38-16.64 1"Mi red information on Signns Each sign shall have the name of the maker, the date of the erection, and the permit number. Such inforinetion shall be clearly legible and an the lower right hand corner of the face of the sign in a conspicuous place. As an a ternative, a decal issued by the City as a part of the (� $tgn approval process rey be placed on the sign at a location visible .7 and readable from the public or private right-of-way 25.38 (17) (AMENDED BY ORDINNICE 129) 25.38-16.05 Proper Maintenance -of -Signs r The tier, owner, or lessee of a sign authorized hereunder shall main- tain it in a manner satisfactory to the Director of Envirantnental Ser- vices or his authorized representative. All signs shall be maintained in a neat attractive condition and in adequate repair. 2S.28-16.06 Number of Colors Allowed All signs regulated by this Ordinance shall contain no more than four (4) copplimentary colors. Black and white shall be consi-dered as colors. 25,38-16.07 RESERVED _ 25.38-16.08 Glare from Signs • All illuminated signs in all zones shall be designed in such a manner as to avoid undue glare or reflection of light on private property in the surrounding area, in no event shall any -sign exceed ten (10) candlep"r at ten t1D) feet from the face of the sign. 25.38-16.09 Location of Right Angle Signs Right angle signs on faces of buildings shall not extend over eighteen (18) inches beyond the face of the building where located, except for pedestrian oriented signs. No right angle sign shall extend below eight (8) feet from the sidewalk or the right-of-way. Right angle signs supported by posts or standards shall not extend beyond the property line or into the public right-of-way. 25.38-16.10 Obstruction of Passage Signs shall not be construdted so as to obstruct any door, window, or fire escape of any building. 25.38-16.11 Maximum Sian Area Limitation Unless otherwise authorized by this Article, regardless of the zone there located, no sign shall exceed the maximum area necessary to i- dentify the use. 25.36-16.12 Exceptions to Si I LLl"itations Nothing contained heroin shall prevent the erection, construction, or maintenance of official traffic, fire, and police signs, temporary traf- fic control signs used during construction and maintenance of utility facilities and substructure location and ftieentification signs and aarkers required to protect these facilities. devices, and markings of the $tau Department of Transportation, the City Council, or of other competent public authorities. or the posting of the notices required by law. L 15.38 (18) (AMENDCO BY ORDINANCE 129) 25.38-16.13 Special Permits (1) Nothing herein contained shell prevent the City Council from granting a temporary special permit or otherwise permitting, on • such terms as it may deem proper, signs or the like advertising or pertaining to any civic, patriotic, or special event of general public interest taking place within the boundaries of the City when it can be found that same will not be materially detrimental to the public welfare, interest, or safety, nor injurious to ad- jacent property or improvements. (2) grand opening signs may be approved by the Director of Environmental Services, subject to appropriate conditions. 25.38-16.14 Imitation of Traffic Signal No person shail place, maintain or display upon, or in view of any street or highway any unofficial sign, signal, or device, or any sig- nal, sign or device which purports to be or resembles an official traffic sign or signal or which hides from view any rfficial traf- fic sign or signal. Any such signal may be abated forthwith. 25.38-16.15 Overhead Electric Conductors No sign or sign structure shall be erected in such a manner that any portion of its surface or supports shall be within six (6) feet hori- zontally of, or twelve (12) feet vertically of, overhead electric con- ductors which are energized in excess of 750 volts. 25.38-17 SPECIAL PURPOSE SIGNS 25.35-17.01 Trade Construction Signs One (1) unlit sign advertising the various construction trades shall be permitted on construction sites during the period that valid build- ing permit approval exists. Such signs shall not exceed three (3) square feet per twenty thousand (20,000) square feet of land area with a maximum of thirty-two (32) square feet in area and shall be removed before a notice of completion is issued for the building being con- structed. No trade construction sign shall exceed eight (8) feet in height. 25.39-17.02 , "No TresDasiingOSigns A "No TrespassingNo " or " Dumping" sign not exceeding three (3) square feet shall be authorized for each parcel of property in addition to other authorized signs and shall be located and designed to other authorized signs and shall be located and designed thereon in a manner satisfactory to the Director of Environmental Services or hls.autho- ris" representative. 25.38 (19) (AMENDED dY ORDINANCE 129) :5.38-17.03 land Subdivision Signs t Signs advertising land subdivisions shall be limited to one (1) double-faced sign of thirty-two (32) s ware feet per side, placed at a right angle to the street or two ?2) thirty-two (32) square foot signs facing the street. Such signs shall be at least two hundred (200) feet apart and shall be placed upon the subdivision. Such signs shall be removed at the end of two (2) years or when the subdivision is sold, whichever occurs first. These signs shall not be illuminated. 25.38-1r.04 Leese Potential Signs One (1) sign advertising lease potential for future develo nt, not to exceed twelve (12) square feet in area, fifteen (15) feet from any property line, shall be permitted -for a single parcel multiple unit development. However, such a sign shall not be " erected until Design Review Board approval is received for the proposed project, and all such signs Ahall be removed before a notice of completion is issued for the•building or upon expira- tion of the Design Review Board Process approval. These signs shall face the street and shalt not be illuminated. 25.38-17.95 Signs on Awnings. Etc. Painted, non -illuminated or indirectly lighted signs may be permitted s on the borders or marquees, canopies. awnings, arcades. or similar structures or attachments If located and erected in a manner satis- factory to the Director of Environmental Services or his authorized representative. Such signs shall be included in the total authorized sign area. (1) Signs - lbrquees and Canopies - Externally lighted signs shall be permitted on the upper or lower surface of fixefimarquees and simiilar structures, the front face of which faces the public M ght-of-way, provided that the outer dimensions of such signs shall not exceed sixteen (16) inches in height, and provided further that each letter or image on such a sign does not ex- ceed twelve (12) inches in height. The location and design of such signs must be approved by the Director of Environmental Services or his authorized representative. Such signs shall be Included in the total authorized sign area. 25.38-17.06 Political SIjn Regulations Jlpolicants for political signs, as defines heroin, shall comply with the following requirementss (i) The applicant shall post a One Hundred Dollar ($100) cash bond frith the City to guarantee removal of the political signs. (2) Each sign shall not 6coed five (6) square feet in area. (, (3) The stgn shell not be located closer together than five hundred 60g feet. (4) No political signs shall be allowed in any residential zone. ' 26.38 (20) (AMENDED B7 ORDINANCE 129) eve,: �. . •> F;� � , (S) Such signs shall not be nailed to trees, fence posts, or affixed to public utility poles and shall not be located in the public right-of-way. (6) All political signs shall be removed within ten (10) days after the election date or the bond posted shall be forfeited and the City shall use whatever part of the bond money as is necessary for removal. Any amount of the bond remaining shall be refunded Won request made within ninety (90) days after the election. No political signs will be posted earlier than forty-five (45) dabs prior to an election. (7) The One Hundred Dollar 0100) bond requirement herein shall also apply to signs located at campaign or party headquarters. (a) No fee or permit shall be required for the right to erect political signs but the applicant, or his agent, shall file with the Director of Environmental Services, a rap or sketch, or otherwise adequately locating where the signs will be erected. (9) The City shall establish a separate account to be entitled "Political Sign Removal", for the purpose of holding and accounting for the cash bond requirements of this section. Monies from this account will be used to remove signs illegally posted. Any surplus monies from this account may be used to remove signs posted without a bond. C (10) No signs shall ,be permitted on trucks, automobiles, trailers, or any other movable vehicles except for bumper stickers or other equivalent stickers nit exceeding five (5) inches by twenty (20) inches (5" x 20") in size. 2S.36-17.07 Sions for Public or Quasi -Public Uses Directional and public convenience signs for public and quasi -public uses my be permitted on public property. The design must conform to standard directional sign specifications promulgated by the Director of Environmental Services and approved by the Design Review Board. The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the Direetor of Environmental Services. 26.38-18 ENFORCEMENT 26.38-18.01 Territorial Application of Ordinance The provisions of this Article shall apply to ail territory within the City of Palm Desert, 26.3a-18.02 R& to Enforee Ordinance It fs W duty of the Director of Inviroa mental Services to enforce all _ of the Provisions of this, Article. _ lf.3e (21) (AMENDED BY ORDINANCE 129) l C C l5.38-18.0= SwIlance with Ordinance: u sanca aienicw+t - The Council hereby determines that the public peace, safety, morals, health, and welfare. require that all signs and advertising structures �mtetofore constructed or erected in violation of any Ordinance of the City of Palo Desert, or the County of Riverside, in effect at the time such sign was constructed or erected, be and they are hereby made subject to the provisions of this Ordinance. Such signs shall be made to conform and comply with such requirements as soon as reasonably possible after the effecting date of this Ordinance. All signs and advertising structures which are not made to so conform and comply within a reasonable time shall be and they are hereby declared to be public nuisances and may be abated in the mthner provided by the Palm Desert Municipal Code. 2S.38-18.Od Removal and Amortization Period Any sign and outdoor advertising structure or sign which is non -conforming to the requirements of this Ordinance, either by variance previously granted "or by conformance to the existing sin regulations at the time of the initial pe mit for said sign was issued, sha.1t either be removed or brought up to Code requirements within the period of time prescribed herein. This amor- tization program shall not become effective until one (1) year after this Ordinance is enacted. 25.38-18.OS Amortization Schedule I The following schedule shall be utilized for signs that are determined to have only minor non -conforming elements. The application of this schedule is limited to any one (1) parcel of land which has signs that do nct con- form to one (1) or more of the categories in Schedule I and must be abated or mod:M ed under Schedule I. If any portion of all of the non -conforming elements meet the classifications in Schedule II, it shall be the ruling schedule even though some element or elements would also meet Schedule 1. AMORTIZATION SCHEDULE I Non -Conforming Section Period for Removal or Modification 26.38-4.02 Life of the Sign Directional or Safety Signs 24.38-16.03 Signs Facing Private Property Prohibited tS.)8-1i.04 Amtred Information 96 Signs lf.�d-li.0f • Nv bor of Colors Allowed if.38-16.O8 slaw from Signs i n.x-16.o9 La stion of Right An& Signs Life of the Sign Life of the Sign Life of the Sign One Year - Life of the Sign Is.X (12) (AMENDED BY ORDINANCE 129) t C ff IZATIM SCHEDULE t (continued) N-tonforming Because; Period for Removal or Modification Sign is closer than ten (10) feet n to the sign of another business. Life of the Sign lore than one (1) win sign exists but the wximm sign area entitle- ment is not exceeded. Life of the Sign 25.38-18.06 AMORTIZATION SCHEDULE II All signs that are non-co+lforming as to the requirements of the following Sections shall be abated forthwith by Schedule II: Section 25.38-5.01 Rotating, Moving, Flashing, Changing, Reflecting, or Blinking Signs Prohibited Section 2S.38-S.02 Signs on Public Property or Right -of -Way Prohibited Section 25.38-5.03 Signs not Advertising the Use, Name of Owner, Products, or Services Available on the Premises Prohibited Section 25.38-5.04 , Temporary or Portable Free Standing Signs Section 25.38-�07 Combination Signs Section 25.38-S.08 Roof Signs Section 25.-M-11 Signs in Residential Zones Other Than Single Family through Section 25.38-11.06 Double Frontage Lots inclusive Section 25.38=12 Signs in Commercial and Industrial Zones through Section 25.38-13 Signs in RM Zones - Sign Area inclusive The intent of Amortintion schedule It is to cause obatement•or modifica- tion of all non-confonoing signs which have wjor non -conforming elements as specified by -the above -described Sections. In order to utilise the Am &s it Schedule 11 set forth below, the owner of record or his agent, shall Mks available the wrket value, as of January 1, 1g h. of any 0" or signs which have been dsowd non -conforming bar the provisions of these requlations within the Schedule 11 categories. The w rket value of non- conformin9 signs shall be based on the on inat cost, including cost of installation, of said sign leas ten percent (10%) of the original cost 25.38 (23) (ANUDED BY ORDINANCE 129) 1 40 per year for each year said sign has been standing prior to the effective date of these regulations. The date of erection of any non -conforming sign complying to Schedule 11 shall be established by the presentation by the owner of record of the sign, or his agent, of a certified copy of the corresponding building per - spit on file in the Department of Building and Safety of either the City of Palm Desert or the County of Riverside. My sign erected without the is- suance of a valid building permit shall be deemed an illegal sign and shall be removed immediately after the effective date of this amortization program, which is-cne (1) year after the enactment of this Ordinance. All required documentation concerning the -market value and erection date of any non -conforming sign shall be presented to the Director of Environmental Services-+ithin fifteen (15) days of reception of the notice of non-conformance. The Director of Environmental Services shall determine to his satisfaction the ' validity of all presented documentation. Any decision of the'Director df En- vironmental Services may be appealed in accordance with Section 25.38-18.08. AMDRTIXATIaI SCHEDULE II M usted Market Value of Sign " Period for Removal or Modification $ 10.00 or less Immediately $ 10.01 to $1,000.00 1 year $1.000.01 to $2.500.00 2 years _ $2.500.01 to $5,000;00 3 years �.' $5,000.01 to $10,000.00 4 years OVER-------410,000.01 5 years 26.38-18.07 Removal of Non -Conforming Signs Program Any sign that is in non-compliance with the regulations of this Article shall be res+oved prior to or upon the date designated for removal in the above abate- ment schedules. If the owner of, or the persons responsible for, the sign fails to remove the non -conforming sign. within ten (10) days following notification, such non -action my be corrected at the option of the City Council as a violation of this Ordinance, or the Council may select to pursue the r^llowing procedures: (1) The Director of Environmental Services, after proper notification. may, cause the removal of any non -conforming s1 and shall, at his discretion, charggee the costs incurred a sinst any of the following, each of whom shall be joint- ly and severally liable for said charges= provided, however that any deci- sion or determination of the Director of Environmental Serv;ces may be ap- pealed in accordance with Section 25r38-18.08 of this Article. (a) The permittse (e) The owner of th? sign l6.x (24) (AMENDED BY ORDINANCE 127) I �•�aF y t. r r-- 14- ' �.' ref �. (e) The owner of the premises on which the sign is located. (d) The occupant of the premises on.which the sign is located. (2) A sign removed by the City shall be held not less than thirty (30) days by the City during which time it may be recovered by the owner upon payment to the City for costs or removal and storage. If not recovered prior to expiration of the thirty (30) day period the sign and supporting structures shall be declared abandoned and title thereto shall vest in the City and the cost of removal shall be billed to the owner. 25.38-18.08 Ad Hoc Sion Amortization Committee Vithin ninety (90) days of the effective date of this amortization program, which is one (1) year after the enactment of this Article, the City Council shall, by resolution, establish an Ad Hoc Sign Amortization Committee. Said Committee shall establish the appropriate market value or amortization period for any legal non -conforming sign which is presented by the owner of said s+gn. (1) Membership - The Committee shall consist of five (5) members with.at least three (3) of the members from the Business Community appointed by the City Council. (2) Termination - The Committee shall exist for a six (6) month period•_after its establishment. C (3) Procedure,- An owner of a sign who objects to the proposed amortization period, or established market value, for his sign may request a re-evaluation by the Sign Amortization Committee. Such a procedure shall be initiated by the filing of a request for re-evaluation with the Director of Environmental Services who shall all a meeting of the Committee to make a judgment. • Upon notification by the City of the existence of a non- conforming sign and the City's estimated amortization period established by the utilization of the Schedules, the owner of said sign may appeal said established time period to the Ad Hoc Amortization Committee. If the appeal includes a re- quest based upon an existing lease, said appeal shall be ac- companied by a notorized copy of the signed meintenar.a lease in effect on January 1, 1976. ` (4) Criteria gf EXiLlustion - Theme Amortization Committee shall establish the emortization period for any sign submitted to them based upont A, Permit value of the sign at the time of original construction. a, Special circumstances apppplicable to the sign such as it being an integral construction elament of the building, whose removal would requ re•a me modification of the structure; or if the non -conforming Character of the sign is determined by the Board to be so minor as to create ae undo hardship, .i (AMENDEO V ORDINANCE 129) (5) Anions of the Martization Doard - The Board nay affirm the established amortization period or establish a neve amortization period for a sign C under consideration. However, no extended amortization period shall exceed one (1) year or double the original allotted time. (6) Confirmation of Board Actions - The City Council shall confirm or deny and refer back to the Committee for re- consideration, all findings of the Amor- tization Committee within thirty (30) days after their decision. 25.30-18.09 Uncertainty of Article Provisions • _Whenever the criteria is uncertain as to the ambiguity of the provisions, the applicant shall be referred to the Planning Commission for determination. The Planning Commission shall then authorize the sign criteria which best fulfills the intent of this Article. 25.38-19 EXCEPTIONS PROCESS The Planning Commission may approve exceptions relative to size, number, and location of signs after a Public Hearing in instances where an applicant is _ faced with exceptional circumstances because of type or location of business, or is trying to achieve a special design effect. The applicant must show that: A. The sign will be integrated into the architecture of the building; and 9. The siggnn will not be detrimental to neighboring businesses or the community in general. The approval of exceptions shall be consistent with the provisions of Section 25.39-5.01. 25.38-20 DISCONTINUANCE OF A_BUSINE_SS Within ninety (90) days of the discontinuance of a business in any commercial or industrial zone or before a new business occupies the building, whichever comes first, the sign owner, his agent, or'the property owner shall remove all non -conforming signs and the wording advertising or relating to the dis- continued business from all conforming signs. up 25.38-21 R&CEFORNING SIGHS MAINTEiIANCE H:M t for normal repair or maintenance not exceeding fifty percent (50») of the wive of the sign no sign in existence upon the adoption of this Ordinance shall be mod fad. altered. moved or replaced, unless it is made to comply with the provisions of this Ordinance. 25.38 (td) Ie r•,onrn no , )nI Ls{„' 9 t6.38-n KWALTIIS Any person, firm, or corporation willfully violating any of the provisions of this Article shall be subject to the provisions of City Ordinance 57, as am road from time to time. _ 16.30 (17) (MENDED BY ORDINANCE 129) r li! A~1M A MKOMO M PLAIA ON A IMM PORTION OF THE DESERT AIR �121 A KMIOING FOR THE LICENSING AND IMFOHN DING OF DOASt REGULATING THE KEEPING AND CONT1l01 OF DOGS AND OTHER DOMESTIC ANIMALSt AND PROVIOING FOR THE CONTROL AND VAPRESSION OF RAIIISt AND REPEALING ORDINANCE NOS. 39, 73, 06 AND tit in APPLYING SECTION GBGSG OF TIE GOVERNMENT CODE TO LAND DIVISIONS, AND PLACINR A 110 DAY MORATORIUM ON ALL LAND DIVISIONS ON ALL PROPERTY IN ALL R•1 ZONING DISTRICTS lt3 AMENDING RIVERSIDE COUNTY ORDINANCE NO. 421 RELATING TO FENCING OF SWIMMING POOLS -'124 AMENDING ORDINANCE NO. 35, IMPOSING BUILDING EXISE TAX ON NEW CONSTRUCTION its ADOPTING CHAPTER 26, OF THE PALM DESERT MUNICIPAL COOEt THE SUBDIVISION ORDINANCE lt6 ADOPTING QWTER tl, "GRADING, EXCAVATION AND FILLS" ✓127 MODIFYING PROCEDURE FOR PAYMENT OF CLAIMS AND DEMANDS AND AMENDING ORDINANCE NO. 68% 128 AMENDING CHAPTER 25 OF THE PALM DESERT MUNICIPAL CODE KNOWN AS THE ZONING ORDINANCE, AS ADOPTED BY ORDINANCES,93 THROUGH 99 129 ESTABLISHING ARTICLE 25.38, CHAPTER 25, OF THE PALM DESERT MUNICIPAL CODE, KNOW AS THE SIGN ORDINANCE AND AMENDING SECTION 25.39-2.10 130 AMENDING ORDINANCE NO. 61,AESTRICTING HOURS OF CONSTRUCTION 431 REPEALING ORDINANCE NO. 46 132 AMENDING CHAPTER 25, SECTION 25.46 OF THE PALM DESERT MUNICIPAL CODE 133 AMENDING CHAPTER 25, SECTION 25.46 OF THE PALM DESERT MUNICIPAL CODE 134 DEALING WITH UNIFORM TRANSIENT OCCUPANCY TAX ✓135 AMENDING ORDINANCE NO. 118, RELATING TO THE UNIFORM BUILDING CODE 136 RENDING ORDINANCE NO. 110, RELATING TO CHARITABLE, RELIGIOUS AND NONPROFIT SOLICITATIONS ✓137 AMENDING ORDINANCE NO. 92, REGULATING POLITICAL SIGNS IN SAID CITY • R • RESCINDED A • AMENDED