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HomeMy WebLinkAboutORD 422ORDINANCE NO. 422 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, MUNICIPAL CODE SECTION 25.68. CASE NO: ZOA 84-3 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of February, 1985 and on June 13, 1985 hold duly noticed public hearings to consider amendments to Section 25.68. WHEREAS, the Planning Commission by Resolution No. 1029 and 1044 has recommended approval; WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, in that the director of environmental services has determined the project to be a Class 5 Categorical Exemption. WHEREAS, at said public hearing, upon hearing and ,considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts to justify its action as described below: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected Specific Plans. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: I. That the above recitations are true and correct and constitute the considerations of the council in this case. 2. That it does hereby approve a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code Section 25.68 3. The city clerk is directed to publish this ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 27th day of June, 1985, by the foilowing vote to wit: AYES: BENSON, JACKSON, WILSON do SNYDER NOES: NONE ABSENT: KELLY ABSTAIN: NONE L �G C/ WALTER SNYDER, 3yor ATTEST: SHEILA R. GILLIGAN, C y Clerk City of Palm Desert, California /dlg CITY COUNCIL ORDINANCE NO. 422 EXHIBIT "A" SECTION 1: That Section 25.68.620 of the Code of the City of Palm Desert, be and the same is hereby amended to read as follows: 1125.68.620. Political Sign Regulations. Applicants for political signs, as defined in section 25.68.020, shall comply with the following requirements: A. Each sign shall not exceed five (5) square feet in area. B. The signs shall not be located closer together than fifty (50) feet. C. Such signs shall not be located in the public right-of-way. D. All political signs shall be removed within ten (10) days after the election date, except that in the case of a general election, political signs shall not be required to be removed between the primary and general elections, but shall be removed within ten (10) days after the general election date. The applicant shall agree in writing to be personally responsible for the removal of the political signs. E. No political signs shall be posted earlier than ninety (90) days prior to an election. F. No fee or permit shall be required for the right to erect political signs. Where the sign is proposed to be placed on private property, the applicant shall secure the permission of the property owner." SECTION 2: That Section 25.68.320 of the Code of the City of Palm Desert, be and the same is hereby amended to read as follows: 25.68.320 Second -story Business. Businesses maintained exclusively on the second floor of a two-story building may be allowed up to fifty percent of the sign area authorized for businesses conducted in single -story buildings by the architectural commission. (Ord. 129 §4 (part), 1977: Ord. 98 §1 (part), 1975: Exhibit A §25.38-12.04). SECTION 3: That Section 25.68.430 of the Code of the City of Palm Desert, be and the same is hereby amended to read as follows: 25.68.430 Architectural Commission Process. Each sign shall be submitted to the architectural commission prior to its erection. In the case of new developments, a signing program shall be submitted as part of the site plan review procedure. (Ord. 129 §4 (part), 1977: Ord. 98 §1 (part), 1975: Exhibit A §25.38- 16.01). SECTION 4: That Section 25.68.440 of the Code of the City of Palm Desert, be and the same is hereby amended to read as follows: 25.68.440 Sign Review Criteria. All signs which are regulated by this chapter shall be subject to the approval of the architectural commission process. In approving or rejecting a particular sign permit, the reviewing body shall utilize the following review criteria: A. That the sign is necessary for the applicants enjoyment of substantial trade and property rights. B. That the sign is consistent with the intent and purpose of this chapter and title. C. That the sign does not constitute a detriment to public health, safety and welfare. D. That the size, shape, color and placement of the sign is compatible with and bears a harmonious relationship to the building it identifies. E. That the size, shape, color and placement of the sign is compatible with and bears a harmonious relationship to the neighborhood and other signs in the area. ORDINANCE NO. 422 Exhibit "A" F. That both the location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing and proportions) are legible under normal viewing conditions prevailing where the sign is to be installed. G. That the location and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs. H. That the location and design of the proposed sign, its size, shape, illumination and color are compatible with the visual characteristics of the surrounding area so as not to detract from or cause depreciation of the value of adjacent developed properties. I. That the location and design of a proposed sign in close proximity to any residential district does not adversely affect the value or character of the adjacent residental district. (Ord. 129 §4 (part), 1977: Ord. 98 §l (part), 1975: Exhibit A §25.38-16.02). SECTION 5: That Section 25.68.480 of the Code of the City of Palm Desert, be and the same is hereby amended to read as follows: 25.68.480 Sign Colors. The number and type of colors used shall be as approved by the architectural commission. SECTION 6: That Section 25.68.270 of the Code of the City of Palm Desert, be and the same is hereby amended to read as follows: 25.68.270 Sign Area - Commercial and Industrial Uses. Sign design, location and size shall be as approved by the architectural commission. Relative thereto, the following sign areas shall apply: A. Commercial businesses within one hundred feet of a public right-of-way which they face, or businesses which front only on a common use parking area shall be entitled to one square foot of sign per lineal foot of frontage to a maximum of 50 square feet unless the architectural commission deter- mines that the proposed size of the sign is not in harmony with the design of the building. Such a sign must be located adjacent to the right-of-way from which its area is determined. B. Commercial businesses located greater than one hundred feet from a public right-of-way, which they face, shall be entitled to one and one half square feet of sign per lineal foot of frontage to a maximum of 75 square feet unless the architectural commission determines that the proposed size of the sign is not in harmony with the design of the building. Such a sign must be located adjacent to the right-of-way from which its area is determined. C. A single commercial business having lineal frontage on any right-of-way in excess of fifty feet, shall be entitled in addition to subsections A or B of this section, an additional one half square foot of sign area for each lineal foot of frontage in excess of fifty feet up to one hundred feet, and an additional one quarter square foot of sign area for each lineal foot of frontage in excess of a hundred feet, (Ord. 272 (part), 1981: Ord. 129 §4 (part), 1977: Ord. 98 §1 (part), 1975: Exhibit A §25.38- 12.01). SECTION 7: That Section 25.68.350 of the Code of the City of Palm Desert, be and the same is hereby amended to read as follows: 25.68.350 Special Event Signs. With the approval of the director of environmental services, a business may erect one temporary sign, mounted on a wall facia or freestanding, advertising special events, promotions or sales. The director may approve up to 30 square feet of sign area depending upon the type of event, building design and right-of-way frontage for a period not to exceed 30 days per year. When improperly used, special event signs constitute a public nuisance and may be abated. "Special event signs for periods in excess of 30 days may only be permitted pursuant to a resolution of the city council granting such approval which shall specify the period during which the sign may be displayed." ORDINANCE NO. 422 Section 8: That Section 25.68.391 of the code of the City of Palm Desert be and the same is added to read as follows: 25.68.391 Freestanding Sign Review Criteria In reviewing freestanding signs as provided for in sections 25.68.310 and 25.68.390 the architectural commission shall specifically consider: a. The height of the sign relative to the adjacent street. b. The distance from the sign to the street. c. The color of the sign background and lettering thereon. Section 9: That part "A" of Section 25.68.390 of the code of the City of Palm Desert be and the same is amended to read as follows: 25.68.390 Signs in District and Regional Shopping Centers and Industrial Parks In addition to the wall sign area allowed for individual businesses, shopping centers and industrial parks in excess of three and one-half acres of land shall be allowed one 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 industrial park. Relative to such signs, the allowable sign area shall be based on ten square feet of sign per acre. These signs shall not exceed one hundred square feet, shall have a maximum height of twelve feet, and shall not be erected without first having property approval as provided in this chapter. Notwithstanding the limit of one sign on each right-of-way when a shopping center or industrial park has street frontage on any one street in excess of 1600 feet then an additional sign shall be permitted subject to the signs being separated by a minimum distance of 400 feet. In the case of centers in the regional commercial zone having over 700,000 square feet of gross leasable retail floor area said center identification signs may contain the name of tenants and/or activities conducted within the center which operate during evening hours.