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HomeMy WebLinkAboutORD 772ORDINANCE NO. 772 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT RELATING TO SIGNS, SECTION 25.68 CASE NO. ZOA 94-3 WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of January, 1995, hold a duly noticed public hearing to consider Zoning Ordinance Section 25.68 relating to signs; and WHEREAS, the Planning Commission, by Resolution No. 1675, has recommended approval; 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 community 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 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 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 No. 94-3, provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code Section 25.68. 3. That 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. ORDINANCE NO. 772 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. That the amendments contained in Exhibit "A" attached hereto shall be rescinded automatically and have no effect whatsoever one year after the effective date of this ordinance (i.e. 30 days after second reading) unless the city council acts to extend this ordinance. 6. 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 AND ADOPTE Desert City Council, held on this the following vote, to wit: AYES: KELLY, SPIEGEL, CRITES NOES: NONE ABSENT: BENSON, SNYDER ABSTAIN: NONE D at a regular meeting of the Palm 13th day of Anri I , 1995, by G L BUFORD . CRITES, Mayor ATTEST: 4-1. SHEILA R. P51!,LIGAN ity Clerk City of Palm DesE-rt; California F ORDINANCE NO. 772 EXHIBIT "A" Section 1 That section 25.68.340 Signs for pedestrian traffic be and the same is hereby amended as follows: 25.68.330 Sign for pedestrian traffic. A. Where the principal sign for a business is located so that it cannot be seen by pedestrian traffic, an identification sign, in addition to that otherwise allowed in this chapter, shall be permitted. Such a sign shall be no larger than three square feet (three feet on each side) and it shall be designed and located so as to not distract from the appearance of the building or violate the intent of this chapter. (Ord. 129 ss 4 (part), 1977: Ord. 98 ss 1 (part), 1975: Exhibit A ss 25.38-12.05) B. Businesses in the commercial and industrial districts may place a pedestal mounted "open" sign with a maximum height of 54 inches and maximum face area of 3 square feet in front of their place of business. Said sign must be placed on private property in a location which does not impede pedestrian traffic flow. Said signs shall not include extraneous verbiage advertising the business, specials or sales events. Said signs must be removed when the business is not open for business. For businesses on E1 Paseo between Portola Avenue and Highway 74, the following additional restrictions shall apply: 1. Signs permitted under this section shall be limited to the word "open" and the business name only. 2. Letter style shall not be restricted; logos are not permitted. 3. Signs must be square or rectangular in shape. 4. Signs must be in two colors only, excluding florescent colors; black and white will be considered colors and sign shall not contain extraneous decoration. 3 ORDINANCE NO. 772 5. Signs shall be mounted on a monochromatic pedestal using one of the two sign colors. 6. Signs shall be professionally manufactured and well maintained at all times. Section 2 That section 25.68.350 Special event signs be and the same is hereby amended as follows: 25.68.350 Special event signs. A. With the approval of the director of community development, 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 thirty square feet of sign area depending upon the type of event, building design and right-of- way frontage for a period not to exceed thirty days per year. Signs approved under this section shall be compatible and harmonious with the color of the building and adjacent buildings. When improperly used, special event signs constitute a public nuisance and may be abated. Special event signs for periods in excess of thirty 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. (Ord. 587 ss 2 (Exhibit A ss 13), 1989; Ord. 422 Exhibit A ss 7, 1985: Ord. 272 (part), 1981; Ord. 129 ss 4 (part), 1977: Ord. 98 ss 1 (part), 1975: Exhibit A ss 25.28-12.08) B. The Palm Desert Chamber o,f Commerce may designate, subject to city council affirmation, up to four (4) special events per year which its membership wishes to promote through the use of special event banners. Said chamber of commerce to design and make available to businesses in the city for a fee a special event banner which may be installed up to seven (7) days prior to the designated event, during the designated special event and for up to seven (7) days after the conclusion of the designated special event, for a total time period not to exceed 30 days. 4 ORDINANCE NO. 772 Said special event banners shall ,not exceed 20 square feet in area. Design of said special event banners shall be reviewed and approved by the city prior to distribution by the chamber. Once the design has been approved by the city, said special event banners may be installed on private property without further approval or permit from the city. Section 3 That section 25-68.340 Temporary signs within window areas be and the same is hereby amended as follows: A. On E1 Paseo between Portola Avenue and Highway 74 temporary informational signs not to exceed ten (10) square feet of the window area may be placed on the inside of said window and shall not require prior approval of the city. B. In the general commercial. (other than the area described in section A above), planned commercial and service industrial districts businesses shall be entitled to a basic twenty (20) square feet of temporary informational window signage which may be placed on the inside of said windows without the prior approval of the city. C. Businesses falling under section "B" above, which have greater than 50 feet of linear window exposure shall be entitled to up to 50 square feet of temporary window signage. Businesses having greater than 150 feet of linear window exposure shall be entitled to up to 75 square feet of temporary window signage. D. Businesses falling under section "B" and "C" above which are set back more than 250 feet from a public right-of-way (street) may double their otherwise entitled temporary window signage. Businesses falling under section "B" and "C" above which are set back more than 600 feet from a public right-of-way (street) may triple their otherwise entitled temporary window signage. E. Notwithstanding the above sections A, B, C and D, in no event may temporary window signage exceed 40% of the window area of the business. 5