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HomeMy WebLinkAboutORD 587AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT RELATING TO AWNINGS AND SIGNS SECTION 25.68. CASE NO. ZOA 89-1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of September, 1989, hold a duly noticed public hearing to consider an amendment of the Zoning Ordinance Section 25.68 relating to signs and awnings; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89," in that the director of ccmTunity development has determined the amendment to be a class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested 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 Amerximent 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 ORDAINED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the consideration of the council in this case. 2. That it does hereby approve a Zoning Ordinance Text Amendment 89-1, provided in the attached exhibit, labeled Exhibit "A" to amend Municipal Code Section 25.68 3. These amendments are limited in their effect to regulating the construction of new on -premises advertising displays. A new on - premises advertising display means, for purposes of this section, a display whose structure or housing has not been affixed to its intended premises. Construction means, for purposes of this section, the manufacturing or creation of a new on -premises advertising display. 4. That notwithstanding the above noted section limiting the effect of these amendments, any illegally installed signs may be abated pursuant to section 25.68. 5. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED APED ADOPTED at a regular meeting of the Palm Desert City Council, held on this 26th day of October, 1989, by the following vote, to wit: AYES: BENSON, CRITES, FILLY, SNYDER, WILSON NOES: NONE ABSENT: PONE ABSTAIN: PONE ATTEST. y" SHEILA R. GILLIGAN, Ci Clerk City of Palm Desert, CZaifornia SRS/tm 2 Ordinance No. 587 Exhibit "A" SECTION 1: That Sections 25.68.020 'J','T' and 'X' be and the same are hereby amended to read as follows: 25.68.020 Definitions. J. That the word "pedestals" shall be added after the word "up -right". T. That the second sentence, which reads "The top of a parapet wall shall be considered the eave line" shall be deleted. That the last sentence which reads "Where a parapet wall is combined with a mansard roof, the eave line shall be the top of the parapet" shall be deleted. X. That the second sentence which reads "The top of a parapet wall shall be considered the eave line" shall be deleted. That the last sentence which reads "Where a parapet wall is combined with a mansard roof, the eave line shall be at the top of the parapet" shall be deleted. SECTION 2: That Section 25.68.030 be and the same is hereby amended to read as follows: 25.68.030 Sign permit procedure. That the words "environmental services" located at the end of the first sentence shall be deleted and the words "community development" shall be added after the words "department of". That the words "one thousand dollars" in the second sentence shall be deleted and the words "one thousand five hundred dollars" shall be added to the second sentence after the words "Signs exceeding". That the words "design review board" shall be deleted from the second sentence and the words "architectural review commission" shall be added to the second sentence after the words "through the". That the words "environmental services" shall be deleted from the third sentence and the words ST2/15/10/18/89/ap -1- "community development" shall be added to the third sentence after the words "department Of". SECTION 3: That Section 25.68.030 "H" be and the same is hereby amended to read as follows: 25.68.030 H. That the words "environmental services" shall be deleted and the words "community development" shall be added after the words "department of". SECTION 4: That Section 25.68.030 "I" be and the same is hereby added to read as follows: 25.68.030 I. That the applicant provide a signed statement from the property owner or his authorized representative that he has reviewed the proposal and approves of same prior to each submittal to the city. SECTION 5: That Section 25.70.020 dealing with architectural commission membership be and the same is hereby amended to read as follows: 25.70.020 Membership. That the following sentence shall be added after the first sentence: "The non -architect members shall include persons experienced with color coordination, signage design and visual merchandising." SECTION 6: That Section 25.68.120 be and the same is hereby amended to read as follows: 25.68.120 Permitted signs --Purpose. That the following words shall be added after the words "surrounding community" in the third sentence: "with the goal being to minimize visual pollution, the use of lighting and excessive contrasting colors." SECTION 7: That Section 25.68.230 be and the same is hereby amended as follows: ST2/15/10/18/89/ap -2- 25.68.230 Freestanding signs. That the word "ten" shall be deleted and the word "six" shall be added after the word "exceed" and the words "or the height of the adjacent building, whichever is less" shall be deleted and the words "unless topographic or other physical features existing necessitating a higher sign but in no event shall the total sign structure height exceed ten feet from the ground." shall be added after the words "in height". SECTION 8: That Section 25.68.310 "A.1."01 "A.2." and "D" be and the same are hereby amended to read as follows: 25.68.310 Freestanding signs. A.1. That the words "and a height of six (6) feet" shall be deleted from the end of the paragraph and the following shall be added as a second sentence: "Maximum height of these signs shall be six (6) feet unless topographic or other physical features exist necessitating a higher sign but in no event shall total sign structure height exceed ten (10) feet from the ground". A.2. That the following shall be added at the end of the second sentence:"unless topographic or other physical features exist necessitating a higher sign but in no event shall the total sign structure height exceed ten (10) feet from the ground". D. That the word "detached" shall be deleted and the word "freestanding" shall be added in lieu thereof. SECTION 9: That part "A" of Section 25.68.390 of the code of city of Palm Desert be and the same is hereby rescinded. SECTION 10: That Section 25.68.480 be and the same is hereby amended to read as follows: 25.68.480 Sign Colors. The the following sentence shall be added: Sign programs for commercial complexes, shopping centers, other commercial/industrial developments and individual businesses shall ST2/15/10/18/89/ap -3- 16 be limited to not more than three (3) colors which will minimize excessive contrast. SECTION 11: That Section 25.68.490 be and the same is hereby amended to read as follows: 25.68.490 Glare from signs. The following sentence shall be added as a second sentence: "Internally illuminated signs shall be limited to a maximum four hundred thirty (430) million milliamps, ballast and lamps". SECTION 12: That Section 25.68.520 (maximum sign area limitation) is hereby rescinded. SECTION 13: That Section 25.68.350 be and the same is hereby amended to read as follows: 25.68.350 Special event signs. That the words "environmental services" shall be deleted and the words "community development" shall be added after the words "director of". That the following sentence shall be added after the second sentence: "Signs approved under this section shall be compatible and harmonious with the color of the building and adjacent buildings". SECTION 14: That Section 25.68.540 be and the same is hereby amended to read as follows: 25.68.540 Special permits. The second paragraph thereof shall be deleted. SECTION 15: That Section 25.68.570 be and the same is hereby amended to read as follows: 25.68.570 Trade construction signs. That the word "three" shall be deleted from the second sentence and the word "sixteen" shall be added after the words "not exceed" in the second sentence. That the word "eight" shall be deleted from the third sentence and the word "five" shall be added ST2/15/10/18/89/ap -4- after the words "shall exceed" in the third sentence. SECTION 16: That Section 25.68.605 be and the same is hereby added to read as follows: 25.68.605 Lottery signs. In addition to the overall total sign area allocated to a business, a business licensed to sell California State Lottery tickets shall be entitled to one (1) window or door mounted lottery decal five and one-half (5h) inches by five and one-half (5�) inches and no more than one specific identification poster not to exceed twenty-seven (27) inches by thirty-six (36) inches." SECTION 17: That Section 25.68.610 be and the same is hereby amended to read as follows: 25.68.610 Si canopies, aY attachments. structures or A. All awnings or awnings with a sign(s) must be reviewed and approved by the architectural review commission. The awning (sign) must be architecturally compatible with the building and as a result an awning may not be appropriate for every building. B. Pursuant to Section 25.68.470 "Proper maintenance of signs" awnings must be kept in good repair and be clean and non -faded. C. Awnings must be substantially attached to the main building structure. D. Awning lettering and numbers as well as style and colors must aesthetically blend with the building. E. Letter height shall not exceed one-third (1/3) of the awning height and in no event shall it exceed eight (8) inches. F. Scalloping on awnings shall not be pronounced. ST2/15/10/18/89/ap -5- G. Where applicable, awnings shall contain street numbers four inches (4") in height with the letter style helvetica medium or egivalent. H. Awnings shall not contain phone numbers. I. Street -drop type awnings (i.e. canvas -vinyl signs) shall not be encouraged. SECTION 18: That Section 25.68.606 be and the same is hereby added to read as follows: 25.68.606 Bingo signs. A maximum three (3) square foot sign advertising an upcoming bingo event may be installed, without permit, no more than forty-eight (48) hours before the event and must be removed immediately following the event. SECTION 19: That Section 25.68.607 be and the same is hereby added to read as follows: 25.68.607 Lights outlining buildings/windows. A. Flood lights and accent string lighting outlining the building exterior or perimeter and/or window areas must be integrated with the building architecture and as such must be reviewed and approved by the architectural review commission. In no event shall blinking, rotating, flashing or twinkling lights be used. B. During the period from Thanksgiving Day until New Years Day the above noted lights may be displayed without review and approval by the city. SECTION 20: That Section 25.68.470 be and the same is hereby amended to read as follows: 25.68.470 Proper maintenance of signs. 1. For the public health, safety and welfare, every on -premise sign shall be maintained in a safe, presentable and good structural material condition at all times, including the replacement of defective parts, ST2/15/10/18/89/ap -6- A. wiring, ballast, painting, repainting, cleaning and other acts required for the maintenance of said sign whether done on site or in licensed contractor's place of business. If the sign is not made to comply with safety standards, the director of code compliance shall require its removal in accordance with this section. 2. Signs illuminated either internally or externally must be capable of being fully illuminated and legible, the face(s) intact (without holes or other exterior facial damage). Any illuminated sign not in accordance with these and other maintenance standards in this section shall be cited by the director of code compliance and must be brought into compliance with said standards or proof of a contract for repair and maintenance must be approved within thirty (30) days or shall be subject to abatement as a public nuisance. Illuminated signs that, because of expired or damaged lighting elements, become non -legible will be ordered to remain unlighted until repaired. 3. In case of abandoned signs, the identification, name and copy pertaining to. the abandoned business must be removed and replaced with a blank panel or white space within thirty (30) days of user vacancy. This does not apply to permanent, legal signage or legal non -conforming sign structures or sign cabinets. All notices of violation must be sent by the director of code compliance by certified mail. Any time periods provided in this section shall be deemed to commence on the date of the receipt of the certified mail. Any person having an interest in the sign or the property may appeal the citation ordering the removal of compliance by filing a written notice of appeal with the planning commission within thirty (30) days after the date of mailing the notice, or thirty (30) days after receipt if the notice was not -mailed. 4. When it is determined by the city that said sign shall cause imminent danger to the public safety, and contact cannot be made with a sign owner or building owner, no ST2/15/10/18/89/ap -7- written notice shall have to be served. In this emergency situation, the city may correct the danger. The city shall cause to have removed any sign that endangers the public safety,' such as abandoned, materially dangerous electrically or structurally _ defective sign. Any sign removed by the city pursuant to the provisions of this section shall become the property of the city and may be disposed of in any matter deemed appropriate by the city. The cost of the removal of any sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the city or by assessment against the property as here and after provided. The cost of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal. SECTION 21: That Section 25.68.440, the introductory paragraph thereof be and the same is hereby amended and subparagraph 'J' is hereby added, to read as follows: 25.68.440 Sign review criteria. That the words "design review board" located in the first sentence of the introductory paragraph shall be removed and the words "architectural review commission" shall be inserted in the first sentence after the words "approval of the". J. That the following shall be added as subparagraph 'J': "That any neon signs shall be made an integral part of the building design with careful attention to color, intensity of light and the use of soft tones shall be encouraged." SECTION 22: That Section 25.68.760 be and the same is hereby amended to read as follows: 25.68.760 Penalties. Violations of any of the provisions of this chapter are misdemeanors punishable as provided for in Section 10.12.020. ST2/15/10/18/89/ap -8-