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Home My WebLink About06/25/09 - Ord 1190 - ZOA 09-104 - Sec 25.68 Signs CI1V OF Pfll �l DESERT 73-510 FRED WARING DRIVE E�, PALM DtiSERT,CALIFORNIA 92260-2578 TEL:]�i0 346-06�� Fnx:760 34i-7og8 i nfoC'palm-desercorg CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 09-104 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT UPDATING PALM DESERT MUNICIPAL CODE SECTION 25.56 SIGNS. PROJECT DESCRIPTION: The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment for a comprehensive update to Palm Desert Municipal Code Section 25.56, Signs. The signage ordinance is being updated to reorganized, reformat the current ordinance, as well as provides new sign standards for non-residential real estate signs and signs facing the freeway. PROJECT LOCATION: City of Palm Desert PUBLIC HEARING: SAID public hearing will be held on Thursday, June 25, 2009 at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed Zoning Ordinance Amendment is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising onfy those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to,the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk June 15, 2009 City of Palm Desert, California , i, MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 VIII. ORAL COMMUNICATIONS - B MR. MICHAEL BRACKEN, Palm Desert, CA, thanked the City for being one of the major sponsors of the California State University, San Bernardino - Palm Desert Campus Golf Classic. The Eighth Annual event was held in late April at the Classic Club and raised in excess of$55,000. Now that the new school year was underway, he could report that as a result of all of CSUSB's scholarship activities, a total of $168,000 was awarded to students. Fourteen(14)students were from Palm Desert, and he would provide the Mayor's Office with a letter confirming their names. He presented a plaque recognizing the City's sponsorship to Mr. Ortega and noted that the 2008 Tournament was scheduled for Monday, April 21, at the Classic Club. �' MR. DICK BAXLEY, Palm Desert, CA,said he was before the City Council on behalf of the Commercial Real Estate Brokerage Community, a number of whom were in attendance today as well. They had found that they were in violation of the City's Sign Ordinance, which they understood and wanted to do whatever was necessary in order to be good neighbors. He'd read the Ordinance and, as it was also pointed out to him, it was a fairly old regulation; it permits one, 3' x 4' sign for every 200 lineal frontage feet of building, and if less than 200 feet, it was limited to a 3' x 3' square sign. He said not only does it have an impact on how they've been operating for 20 years without it being noticed, but their clients were also very concerned because they wanted their vacancies filled or property sold with some degree of visibility. They were requesting a group be formed so that they could work with the City and review the Sign Ordinance,ensuring that they fairly address both the issues important to the City and the community, and to the commercial clients in order to achieve an updated ordinance. He suggested the group include City officials, sign companies,the brokerage community,and anyone else felt to be appropriate for the task. Mayor Kelly asked that the City Manager's Office handle this request. MR. ROB BALLEW, Family YMCA of the Desert, announced they were celebrating their 25th Anniversary in the Desert with their headquarters in Palm Desert. He said each day there were 1,700 kids in their Child Care Program and 400 in the Sports Programs offered from 29 sites in the Coachella Valley currently, seven in Palm Desert. They felt the City of Palm Desert had been more than a wonderful partner to the YMCA, and he expressed sincere appreciation. As part of this week's celebration, they would be holding their Family Fun Day on Saturday, October 13, from 3:00 p.m . to 6:00 p.m. in Palm Desert Civic Center Park, and he thanked City Parks Staff for assisting them in the arrangements for use of the Park, with attendance anticipated at nearly 700. MR. PETER RITTENHOUSE, Executive Director of the Joslyn Senior Center of the Cove Communities, 73-750 Catalina Way, Palm Desert, said he was appearing 3 � �-� � MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 JF Yes. RDK Motion carries by unanimous vote. For purpose of clarification: Councilman Ferguson moved to deny the application in its entirety. Motion was seconded by Fine�ty and caRied by a 5-0 vote. B. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION ACTION, DENYING A REQUEST TO ALLOW SIGNAGE LOCATED HIGHER THAN THE MAN DOORS ON THE REAR OF BUILDING "A" FACING THE FREEWAY FOR DESERT ARCHES BUSINESS CENTER LOCATED AT 75-178 GERALD FORD DRIVE Case No. SA 08-260 (Sign-A-Rama, Applicant/Appellant). Assistant Planner Kevin Swartz stated the subject property was located east of Cook Street along Gerald Ford Drive, south of the I-10 Freeway. The Applicant submitted a sign program to the Architectura!Review Commission (ARC)for Desert Arches Business Center. All signs had been approved with the exception of the signage for Building"A"facing the freeway;tenant signs above the roll up doors were proposed. The ARC denied the request because they didn't want signs facing the freeway, but it was willing to approve signage above the man doors. Staff was recommending to uphold the ARC decision. Further responding, he confirmed the Applicant filed an appeal to the ARC decision. Mayor Pro Tem Spiegel asked about the height limitation for signage facing the freeway. Mr. Swartz responded it was 20 feet, and the Applicant was proposing 16 feet, which would meet the City's requirement. However, the ARC didn't want a clutter of signs facing the freeway and having it look like Riverside or Moreno Valley. MR. RON ROBINSON stated he was co-ownerof the building,and stated he appreciated the opportunity for his appeal to be heard by Council. He said he wasn't asking for any waivers or special treatment, only the same sign program already approved for neighboring tenants. He said the lot he purchased had special circumstances because it was to the rear of the Center and situated behind D'Mundo Tile on Gerald Ford Drive. The private circular road that ran through the business parlc was the only access to his building. He didn't have frontage road access, even though his building had a Gerald Ford address. He noted he had faxed a letter to each Councilmember on Monday that showed the site p{an. The site plan 17 � �� ,_ . MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 � illustrated the only access to his building was through a driveway, with a multi-story hotel (Candlewood Suites) on the comer in front of his building, and as one entered the Center's circular road, there was a three-story building next to his, giving his building virtually no presence on Gerald Ford Drive or Cook Street. The only viable sign program with any visibility would be via the freeway; his only signage was in front of the building for identi�cation. He provided recent photographs taken of the interior circular entry road that illustrated his building had no visibility. He had been working with the City since the beginning, and his initial request was denied. In order to comply with City standards,he redesigned the building,added arches,and improved the landscaping, costing him$200,000. He said he wouldn't have purchased the building in the rear of the development, if he didn't feel he had freeway signage. He hired a sign company to make a first-class sign program that was consistent with the City's Ordinance, in fact, according to the square footage and linear square footage of the buildings, he was allowed signage of 30 inches high and 12 feet wide, yet he was only asking for 24 inches high and 12 feet wide; there were significant number of examples next door where the signage exceeded what he was requesting. He said he was only asking for an even hand and treatment, and an opportunity to conduct business, which was not easy in today's market. He `"' said freeway signage would be a huge plus for his business. He offered to answer questions. Councilman Ferguson asked if itwas the Applicant's intention forthe lettering to be the same size, color, and style to appear as uniformed in the depiction presented on page 5 of 7 of the Sign-A-Rama submission. MR. ROBINSON responded the submittal was intended to showthe size and the scope of his signage, but he was willing to make it the same color if required. He said his tenants would be restricted to stay within the guidelines of the proposed sign program if approved. Further responding, he believed the same presentation was made to the ARC by his apprentice and representative from Sign-A-Rama, but the ARC would only approve signage above the seven foots doors. He said that type of signage would be worthless because it wouldn't be visible from the freeway. He noted Mr. Ed Landen was present to answer any questions about what was previously presented to the ARC. Mayor Pro Tem Spiegel asked if the Applicant had two businesses backing up to one another. MR. ROBINSON responded it was one business that went from one end of the building to the other. Further responding he said the other building that was under construction had better signage opportunity because it faced out towards the driveway and private road, but it didn't have freeway frontage. 18 . � � MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 He noted they could have requested signage forthe back ofthat building, but they didn't. He said the redesign of the arches were helpful in redirecting people to the buildings. The subject building was not designed as an industrial building or office building that required signage, it was designed as a showroom building, which was 50% improved showroom and 50% improved warehouse for storage. Parking was maximized to accommodate showroom, o�ces, etc. Further responding, he said he was involved in real estate investment and was the owner of the subject building. The small showroom was occupied by a walk-in bathtub business,and the other space was occupied by a developer. Councilman Ferguson stated he agreed with staff's initial philosophical statement about cluttered signs because when he drove through Moreno Valley and saw all the solid faced walls with no windows, it looked like an unattractive place to get off on the freeway. The industrial overlay was created with the General Plan to add fast food drive—thru's, which weren't allowed anywhere else in the City, to encourage people to come off the freeway. In his opinion, the Applicant's signage above the rolled-up doors wouldn't draw anyone off the freeway, and he saw very little upside for the Applicant, and a huge downside for the City. He noted D'Mundo Tile did not advertise along I-10 freeway for people to get off the freeway to go to their business. MR. ROBINSON responded D'Mundo Tile and the hotel had exposure to traffic because they were situated on Gerald Ford Drive. He said he's been developing, purchasing, and owning property in the desert for nine years, and he knew there was a tremendous amount of traffic between Palm Springs,Indio,and Coachella,bycontractors, residents,and consumers. He said people may hear of the Walk-in Bathtub Company, but they don't know where it's located. When people drove from Cook Street to Washington Street, there's opportunity to see where a business is located. Responding to question, he said his business was in real estate,and his tenants were the Waik-in Bathtub Company and a real estate developer. He was advised by his brokers about the importance of this signage because he had no access to the consumers unless it had freeway signage. He didn't understand why his sign program was denied when all the buildings suRounding his already had signage facing the freeway. He understood the ARC didn't want to have clutter, but his sign program was very clean. He said it was hard to expect any level of success in this project without freeway signage. Mayor Pro Tem Spiegel stated the Applicant's proposed sign program was more appealing than what the ARC approved. Councilmember Finerty inquired about the Ciry's policy with regard to signage facing the freeway. 19 � � � . MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 � Mr. Swartz responded anyone could request a signage program, but it � J required the approval of the Architectural Review Commission (ARC). He said ARC had previously approved similar sign programs facing the freeway for larger buildings, such as the Self Storage facility. However, the ARC regretted approving some of them, and it didn't want to continue making the same mistake. MR. ED LANDEN stated he had been in the sign business for five years with Sign-A-Rama. He said the sign program he created forthis particular project was consistent with what had previously been approved for other projects, and his sign program was within the City's Ordinance and standards. He displayed pictures of other developments with a similar sign program,which he didn't write, but were approved by the ARC. Those approved program had up to 30-inch tall letters on 24foot units, and the Applicant was requesting 24-inch tall letters on 30-foot units. He recognized the other buildings were larger and perhaps produced more saies tax revenue, but there were some retail-type of businesses in that Center. He hoped the City Council would reconsider the ARC decision and benefit his client. Councilman Kelly stated he usually supported signs on the basis of a �'� commercial area where it provided commercial admiration, but this being an industrial pa�lc was a different ball game. He didn't think there should be ° � commercial storefront operations in an industrial area, which weren't any different than the operations on Cook Street and Joni Drive. He said in the past there were proposals for billboards along that same area, and the Council violently opposed it. Responding to question about the current billboards in Palm Desert that advertised City businesses off the freeway, he said he prefeRed they weren't there unless it advertised a commercial operation like Gateway. Councilmember Finerty concurred with Councilman Kelly's comments. She empathized with the Applicant and his situation, but it was the 1ot he had chosen. She agreed with ARC that if the City continued on this path, it will start to look like a giant billboard and clutter the City, and it wasn't in the City's best interest. Therefore, she asked that staff look at amending the current Ordinance to prohibit signage on the freeway side. She said the size of the business was irrelevant in this matter. She said ARC had done their job, and it had realized the signage clutter. She wondered if a small sign could be installed in front of the property out by Gerald Ford Drive, or perhaps in front of the hotel. Councilman Ferguson said he recently had a discussion with Ms. Aylaian, �w and with Sign-A-Rama on a separate business relocation matter, and the tension, history, and philosophy of signage was discussed. He said the � City's Sign Ordinance Committee may very weN provide some definitive 20 ( � MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 decisions on what was and wasn't allowed. He pointed out the ARC differed remarkably from the Planning Commission, because it had complete aesthetic discretion to evaluate buildings individually and could come up with a different conclusion on very similar buildings; the ARC evaluated the proximity of a neighborhood, the site plan, and a variety of issues surrounding a project. He believed the ARC was trying to tell the City Council that the current trend for signage needed to be stopped before it looked like Fontana or Moreno Valley, and that it had made some strides to help some of the buildings early on when there was nothing but rose lands. In addition, the subject building was located near the University and Cal State campuses to University Park, and he didn't want to have industrial signs leading up to the intellectual capitol of the City's community. Finally, the Applicant purchased a building in an unpopular Iocation, and he didn't blame the Applicant for trying to add value to it by increasing its signage, but it didn't force him to agree and would be voting no on this matter. Mayor Pro Tem Spiegel stated the ARC made a mistake in approving signage over the man doors because it wasn't an appealing option. He understood the City currently had signage facing the freeway,and he agreed with Councilman Ferguson's comments, but he felt the City needed to re-evaluate its Signage Ordinance and set it straight. He agreed it wasn't fair to the Applicant, but the City needed to begin making a stand. Mayor Benson stated she was not in favor of signage facing the freeway, but she would agree to some type of monument signage on Gerald Ford Drive that would direct people to businesses to the rear of Desert Arches Business Center. She said there was nothing worse than going to an address and not �nding the business, similar to what the City was experiencing at University Park. Councilman Kelly concurred. Councilman Ferguson suggested the motion include an invitation to the Applicant to participate in the Sign Task Force that had a number of freeway frontage owners within development buildings facing the same situation. Councilmember Finerty moved to, by Minute Motion: 1)Deny the appeal and uphold the Architectural Review Commission decision; 2) direct staff to work with the Applicant/Appellant on a viable location for appropriate monument signage for Desert Arches Business Center; 3) invite the Applicant/Appellant to participate in the ad hoc Sign Task Force. Motion was seconded by Ferguson and carried by a 5-0 vote. 21 � �. �, MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 private donors. With the current economic times, it typically translated to increase child abuse. Because of the lack of local resources and the great need to treat and prevent child abuse in the community, she asked that the Council give strong consideration to their CDBG in February. With no further testimony offered, Mayor Spiegel left the public comment period open for 30 days. B. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION ACTION DENYING A REQUEST FOR A VARIANCE FOR AN EXCEPTION TO PALM DESERT MUNICIPAL CODE SECTION 25.68, SIGNS, TO PERMIT A THIRD MONUMENT SIGN IN THE UNIVERSITYVILLAGE CENTER,WHICH CURRENTLY HAS THE MAXIMUM NUMBER OF MONUMENT SIGNS THE CODE ALLOWS, FOR CARL'S JR. LOCATED AT 36-879 COOK STREET Case No.VAR 08-304(National Sign and Marketing/Edward C. Blend, Applicant/Appel lant). Assistant Plann Kevin Swartz stated Carl's Jr. was located inside the University Village Center, which was located on the southwest corner of Cook Street and Gerald Ford. He said the Palm Desert Municipal Code Section 25.68,allowed forone monumentsign perfrontage,and University Village has two frontage roads; Cook Street and Gerald Ford Drive. He said University Village currently had an existing monument sign at each frontage road; therefore, the applicant was asking for a Variance for a third monument. The Applicant didn't want multi-tenant signs, instead wanted public identification signs. Carl's Jr. fronts along Gerald Ford Drive, and the Applicant was proposing to erect a monument sign along Cook Street in the desert landscaped area, six feet from the face of the curb. The sign meets all development standards, but the Planning Commission agreed with staff that the proposed monument sign would create clutter along Cook Street and since all the businesses in the area complied with the Sign Ordinance, approval today would set a precedence for all businesses. The Applicant appealed the action of the Planning Commission for a monument sign. Staff was recommending that the City Council reaffirm the action of the Planning Commission denying the Variance requested by Carl's Jr. He added both Architectural Review Commission (ARC) and Planning Commission had a discussion for a temporary sign. Current lease signs were located along Cook Street and Gerald Ford Drive,which were approved at the staff level with a temporary use permit on a yearly basis. He concluded his presentation and offered to answer questions. Responding to question about the location of the Carl's Jr. monument 32 � MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 sign, he said the monument sign would be on Cook Street, and Carl's Jr. fronts on Gerald Ford Drive. Councilman Ferguson asked what legal findings needed to be made in order to support a Variance from the City's Code. Mr. Erwin noted those findings were set forth in the staff report as finding unusual physical hardship (dealing with dimensions of the property in some manner), extra ordinary circumstances applicable to this property that wouldn't generally apply to others within the same zone, strict interpretation of the City's Ordinance in the application would deprive the Applicant the privileges enjoyed by others in the same zone or location,and that the granting of the Variance would not be a detrimental public health,safety or welfare,or materially injurious to other properties in the vicinity. Councilman Ferguson asked if any of the four elements mentioned by Mr. Erwin found by the ARC or Planning Commission. Mr. Swartz responded that they weren't discussed. Councilman Ferguson responded it must of been discussed, because proliferation of signs was mentioned, which meant there wasn't anything unique about Carl's Jr.that wasn't different about Rock's Fire House or every other store along Cook Street. Mr. Swartz responded the ARC and Planning Commission did not find anything unique about Carl's Jr. Councilman Kelly noted he traveled on Interstate 10 towards Sacramento on Interstate 5, and it seemed that every off ramp had fast food restaurants listed on a sign on the freeway; he asked if the City's attempted to do the same. Councilman Ferguson responded he and Councilmember Finertywere on a Signage Subcommittee on what to do with these stores that sort of front the freeway, and the best conclusion they've come up with was a sign for everything that was at that intersection, but only one monument. However, they've been informal discussions thus far, but the Committee has met with Real Estate and Commercial Property individuals, and he agreed it was a good solution, but the City didn't have it yet. Councilman Kelly suggested meeting with State Highway Department, because the signs off Interstate 10 were Caltran's signs. He said 33 � �� MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 those signs identified hotels and restaurants that were adjacent to that interchange. Councilman Ferguson replied it was a great idea. Mayor Spiegel declared the public hearing open and invited the Applicant to address the Council at this time. MR. STEVE ROSEBLUM, Applicant representing National Sign Marketing Corporation, 1350 First Street, Chino, California, stated he represented CLK Inc., who was the operator of the Carl's Jr. restaurants in the Coachella Valley. He said he's had 10 years experience in the signage industry along with 10+years in retail, and 2+ years working for a municipality. He said he would be calling on Mr. Carl L. Karcher, President of CLK Inc., and Mr. Fred Evans with The Evans Company, who's the landlord to speak. He said the original design intent on the project was to match the identification signs at the entrance to the Center. Their proposed design would utilize the exact same concrete block and lighting as specified by the developer in order to provide a sign that complimented the rest of the signage there, as well as provide a nice curbside appeal without creating clutter in that shopping center. The Applicant recognized it's a key important element for the City. Unfortunately, due to the site geographic conditions and reduced visibility on Cook Street, Carl's Jr. was disadvantaged from its competitors and merits the granting of this Variance for a monument sign. He said if someone happened to research and look up Carl's Jr. on Cook Street, which it did have a Cook Street address, they wouldn't find it because it actually fronted on Gerald Ford. The proposed signage they were looking for was designed to meet City Code requirements, which allowed similar businesses to have monument sign at their site. The key difference was that they were not in a shopping center. Councilman Ferguson interjected and stated Mr. Carl Karcher, who was also a good friend of his, was aware of the location of his restaurant, and he was also aware there were two monument signs for each frontage and those were already taken. He said if the Council followed the Applicant's logic, then the City would have the clutter that was mentioned by staff. MR. ROSENBLUM replied he will cover some of those facts. He displayed an image of the proposed sign, and stated the site had unique conditions; it was in a hidden area of the shopping center. He said Carl's Jr. received approximately 60%of its business through the drive thru, but if a motorist was driving down Cook Street, they 34 , , , MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 wouldn't be aware the other side existed because it was difficult to see. He said all the other competitors had street oriented signage and also enjoyed high visibility where Carl's Jr. didn't, which was one of those conditions they must meet, so they were at a disadvantage. They have established a team of support of the developer at the shopping center to add a monument sign due to the unusual characteristics of this. He noted Council was probably familiar with the intense research and proposals that went into the design of the shopping center, and when that shopping center went in, it was important for them to look nice. They worked together with the landlord to develop something because they were a key tenant to them. He said they would be the only tenant that would be allowed to have a monument sign, and that was the key difference; no one else would be entitled to that. He said Carl's Jr. was specifically disadvantaged due to those unique characteristics. This proposal will help remedy the disadvantages and allow them to be a viable competitive business at a prominent location within a community. He said the client needed to be successful or it would be a disservice to the City, the development, and the business itself. He said they met the conditions the City Attorney mentioned and Councilman Ferguson inquired about. Responding to question about how he met the conditions, he said, it was unique in that they were a fast food restaurant that fronts on one street, and actually had an address on a different street, and they would not affect another business or cause a slippy slope for those business. He was not well-versed on the conditions as the City Attorney, and stated they would not cause future difficulty for the City if this Variance was approved. Councilman Ferguson stated a Variance was almost impossible to meet; however if it was an exception or something else, it might be different. He said the Applicant failed to mention he was at an advantage by being the only drive-thru restaurants north of a frontage street parallel to Interstate 10 because of the City's Freeway Overlay Zone. MR. ROSENBLUM responded he could understand his point, but unfortunately with the immediate complications near by, it was certainly critical people knew they were there. Further responding, he said he was 90% sure Jack in the Box had a monument sign, which was the most immediate competition near Carl's Jr. Councilman Ferguson couldn't recall seeing a monument sign, but would take the Applicant's word; however, he found it difficult to believe. 35 , � �... MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 Ms. Aylaian didn't believe Jack in the Box had a monument sign off the street. Councilman Ferguson noted the City had an agreement with the developer that he would have finro monument signs for his development. MR. ROSENBLUM stated that in order for business success in today's economic times, it was imperative they worked progressively towards opportunities to increase business traffic. He said granting the Variance was an opportunity for the City to help a local business succeed. During today's City Council meeting, it was discussed the City's number one revenue source was sales tax revenue. He said it was truly important the City worked together with its businesses to insure a strong financial future for both entities. He said the City Council's granting the proposed design will support the City's intent of supporting business partnership with responsible development. Finally, he said Carl's Jr. was part of the fabric of the Coachella Valley, specifically Palm Desert for more than 25 years. He concluded his presentation and offered to answer questions. MR. CARL KARCHER, President of CLK, Inc., stated they made a decision a number of years ago to be at the subject location, and one of the reason was due to the limited amount of drive thru space available in Palm Desert. At the time they chose the site, they looked at the infrastructure, mountains, office space, and short hills behind the site that were all slated for housing. So, they had envisioned employees working there, construction workers, and homeowners to be there. At their corporate board meeting on Tuesday this week, they had Mitt Romney, and former Senator James Talent from Missouri conference in to talk about the economy, and they felt the economy would not turn around quickly and the Country was in for a major recession; so it would be quite a while before the homes they had envisioned to be developed. He knew about the apartments and hotel going in, but their business needed critical mass to support a restaurant, because they were only doing about 1/3 volume of what was needed. He believed they met the four criteria points needed for a variance. He said Jack in the Box, Arco, and the Hampton Inn had monument signs. With regard to the clutter, he said the stretch at University Village from Cook Street to the Gardens, had one monument sign. At the Village, the Evans group decided their two monument signs would be non-descriptive, short, and with no tenants on it, even though they could, but they decided against it. He said if they had three tenants on that monument sign, one additional sign on 36 � r- �. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 this huge stretch wouldn't create clutter. He hoped to obtain the Council's support and stated he was available to answer questions. MR. FRED EVANS, stated he viewed this situation with a different set of glasses, in that these were difficult times, and every idea brought to the table needed to be supported. He said every tenant was having individual challenges, and the most difficult challenge in today's market was leasing space; allowing those spaces to go dark would be the worse thing that could happen. He said as a landlord and developer, he had to take these opportunities with tenants who were trying hard, doing well, and had invested in the Center and the community. He said technically the City was correct, the Municipal Code allowed a certain number of signs, but everyone was in a condition where it needed to look beyond the Municipal Code and do what's correct for the community and tenants. He will continue to do whatever he had to do for his tenants because that was his job. He said all involved were in it together. Mayor Spieget asked how Mr. Evans could guarantee only one sign would be there when there were other tenants that might one another sign. MR. EVANS replied they had an agreement with Mr. Karcher, CLK Inc., and it was already written in stone, and it was based on the fact that he was the only drive-thru tenant allowed in the Center by the City and the Evans Group. Further responding, he said the Fire House and others had already agreed not to pursue another sign, and those deals were already done. Following up to a comment made about freeway signs, he said Caltrans and Lamar Advertising had an agreement to not allow freeway signs because Lamar Advertising believed it would take away from their marketing dollars. Councilman Ferguson noted he represented Lamar Advertising, and stated the comment was patently false. MR. EVANS replied he hoped it wasn't true, but he was given that information directly by Lamar Advertising. MR. KARCHER stated they used to have a sign at the Bob Hope exit, and they came down last year and they were gone. He called Caltrans to find out how to get freeway signs, and they said it only worked if the City had a population of 6,000 or less. So he installed signs up at Thousand Palms where they had them up for years at the intersection. He said Bermuda Dunes,which was a small community, also had one sign up. He received a letter from Caltrans this past year 37 , �� . MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 stating the signs were coming down because the outdoor companies objected to those signs, and because the Coachella Valley was larger than 6,000. He said Caltrans had specific requirements for those signs. Councilman Kelly encouraged him to follow-up with his legislative representative Senator Benoit, because there were more billboards from Monterey Avenue and Gene Autry Trail than there were to Moro Bay through San Bernardino County, through Los Angeles County, through Ventura County, and San Luis Obispo County. With no further testimony, Mayor Spiegel closed the public hearing. Councilmember Benson understood the Applicantwanting a third sign, but she didn't think the City needed to reduce their standards because of the recession. She said everybody in town was feeling the same thing whether it was a restaurant, walk-in, or drive-thru. She said it was just a sign of the times, and a monument sign wouldn't attract more customers. She said the City only had one drive-thru, and it was by design, which was why they created a zone by the freeway. She would be in favor of reaffirming the action of the Planning Commission. Councilman Ferguson stated he wished this was a closer call for him, but he knew the laws, and knew there was no way the Applicant was near meeting the standard for a Variance. He said the City had a quirky thing called "exception," which had a dubious legality in his opinion, but the Applicant wasn't asking for that, it was asking for a Variance. He said many had asked the Council to bend, twist, or change the City's Code because of the economic times. He said he and Councilmember Benson about 15 years ago created the Freeway Overlay Zone that allowed the drive-thru,and it was specifically meant to cater to people just coming off the freeway, and for years the City had a Planning Director that kept trying to stretch it further and further. He said the last time the Evans Company came to the City Council, they had a tenant called Bad Ass Coffee that wanted a drive-thru, and the Council said no because it was north of Gerald Ford Drive. The fact that Carl's Jr. even got a drive-thru was remarkable to him. However, the Applicant was now requesting a frontage sign that was 300 feet away from the Carl's Jr. on Cook Street, would simply not fly with him, in addition to the precedence it would set, and the law it would have to ignore. He and Councilmember Benson, and former Councilman Crites developed a view corridor at Cook Street with the Evans Company to writing the aesthetic gateway to the City, with the Universities on the other side where they wanted people to have a 38 _ � ( MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 visually easy enticing way to enter the City. They recognized sooner or later Cook Street would replace Monterey, particularly with the Walmart and Sam's Club there, and the traffic congestion at Dinah Shore Drive. So far,that corner had developed beautifully, so he was amazed the Evans Company would now come back and ask the City, on the basis of an agreement with Carl Karcher, CLK Inc.,which didn't prevent them from entering into an agreement with someone else. If it was a closer call, he would feel better because then he would find a way to help the Applicant. He couldn't support the request as presented. Councilman Kelly stated he viewed this different than his colleagues because there were extenuating circumstances. For example, a100-foot frontage allowed for one monument sign, and a 1,000-foot frontage also allowed for one monument sign,which didn't seem right to him. As far as other tenants coming to the Council for help, he thought they should come to the Council, and if there was something Council could do, it should help. He said that Center could create traffic, but he didn't see the same catastrophe. He's looking at all the acreage at that Center, which he estimated was 20 acres, and all those office buildings would not need a monument sign. MR. EVANS responded it was 26 acres with only two monument signs. Councilman Kelly reiterated he saw this situation differently, and thought the Council needed to go out there and help the Applicant to put another sign out on Cook Street in order to get traffic there. He thought the City could assist in designing a sign that wouldn't cause clutter. He said the City did so many other things like the Facade Enhancement Program where it gave money to dress up a building, so the City did things to stimulate business, but it didn't do it for everyone. He said that was the reason why the City had a City Council. It was not like an adding machine, where you pushed buttons and something came out, things weren't always automatic. He agreed the City had ordinances to adhere to, but the City Council was here to make decision in unique situations,which he believed this was. Councilman Ferguson agreed the Council awarded Facade Enhancement funds based on lineal footage of the frontage, and he thought it would be far easier and much more legal to amend the City's ordinance to allow for more monument signs through the process it was already going through for large developments. Every time he drove by Walmart and Sam's Club, he noticed they had a lot 39 �._. �, MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 more than two faces per side on that development, and he'd rather amend the Ordinance and allow for big shopping centers to have multiple monument signs, than to say they were so extraordinarily different to qualify them for a variance. Councilman Kelly agreed and stated it was a good point, and why not allow extra monument signs when there was a larger complex, like 26 acres. Councilman Ferguson responded the Committee was in the process of cleaning it up, so it's a great point to insert for the Council's consideration; however, it may take a little bit longer, but at least it will be done right and legally. Councilman Kelly suggested a temporary sign at that location while it worked on the Ordinance. He had read in the staff report that the Applicant did not want to consider a temporary sign. MR. ROSENBLUM replied they would agree to a temporary sign. Councilman Kelly thought for sure a temporary sign would help that Center. He said if people were being attracted into Carl's Jr., it would attract people into the Village Center, thereby helping the entire Center. Councilman Kelly moved to allow the Applicant to have a temporary sign until the Ordinance included language that would accommodate for larger complex to have additional monument signs. Motion was seconded by Spiegel and received a no-action on a 2-2 vote. Councilman Ferguson moved to refer this to the Signage Subcommittee and ask them to do frontage signs based on linear frontage and not just one sign per side regardless of how large the development was. Motion died for lack of a second. Mayor Spiegel asked how long it would take to bring the Ordinance back to the City Council. Ms. Aylaian replied staff currently had a number of signage related issues with the Zoning Ordinance they hoped to tie up and clean up with an update of a Zoning Ordinance, but if staff was reviewing just this particular issue, they could have it back in 30 days to address monument signage per lineal foot per frontage. Mayor Spiegel commented Mr. Evans would probably be able to place more than one monument sign with the size of his property. 40 . � � MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 2008 Councilman Kelly responded it could be adjusted accordingly. Councilman Ferguson stated if an ordinance was introduced in 30 days, by the time it reached the second reading, it would probably be 60 days. He said the City's been putting off the Sign Ordinance for so long that he would rather do the whole thing as a package. Ms.Aylaian stated if staffwould be working on the whole Sign Ordinance,the first week in February would be a more appropriate time. Mayor Spiegel questioned why not allow the Applicant a temporary sign until the ordinance was approved. Councilman Ferguson replied there would be a million people that would love temporary signs because the Signage Subcommittee was dealing with realtor's and commercial property owners. Councilman Kelly recognized he was not on the Signage Subcommittee, but he was expected to speak up and state his opinion on behalf of the people that elected him, and just because he wasn't on the Signage Subcommittee, his one vote had the same weight. Ms. Aylaian stated she had explained to the Applicant that he wouldn't need a continuance because if the City was amending it's ordinance, he wouldn't need a variance. Responding to comment, she confirmed the Applicant would still have to go through ARC and the City's discretionary review. Councilman Kelly asked if the Signage Subcommittee had business representation. Ms. Ayaian replied it had representation from broker's and businesses. Mr. Erwin stated the Applicant needed to agree to the continuance because there was a time limit within which the City needed to act. MR. ROSENBLUM agreed to the February 12, 2008 continuance. Mayor Spiegel re-opened the public hearing. Councilman Ferguson moved to continue the matter to the meeting of February 12, 2009, with staff to work with Signage Subcommittee on related amendments to the Zoning Ordinance in the interim. Councilmember Benson seconded the motion and carried by a 4-0 vote, with Finerty ABSENT. 41 CITY OF Pfll �l DESERT 73—S�O FRED WARING DRIVE PALM DESERT, CAL[FORNIA 922fi0-2575 .i'��; TEL: �60 346—o6ti FaUc: 760 340-0574 i nfo@palm-desert.org April 14, 2009 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: ZOA 09-104 NATURE OF PROJECT/APPROVAL SOUGHT: Request approval of a new comprehensive sign program for the City. Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission granted approval of the new sign guidelines as presented. Date of Action: April 14, 2009 Vote: Motion carried 6-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. � L,PIIN7{OONI[(IQfUPAIfI CITY OF PNI �I DESERI ]j-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6i� x,vc: 76o 340-0574 in fo@palm-desert.org March 24, 2009 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: ZOA 09-104 NATURE OF PROJECT/APPROVAL SOUGHT: Request approval of a new comprehensive sign program for the City. Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission granted a continuance to the next rneeting. Date of Action: March 24, 2009 Vote: Motion carried 4-0-0-2, with Commissioners Gregory and Van Vliet absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. CONTINUED CASES: In order to be placed on the next meeting's agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. t��PIIMI[O011tf(Y(t10111E1 PLANNING COMMISSION RESOLUTION NO. 2503 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT UPDATING AND REVISING PALM DESERT MUNICIPAL CODE SECTION 25.68. SIGNS. CASE NO: ZOA 09-104 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of May 2009, hold a duly noticed public hearing, which was continued to May 19, 2009, to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality AcY', Resolution No. 06-78, the Director of Community Development has determined that the project will not have a negative impact on the environment and is exempt from CEQA, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the recommendation to the City Council of said request: 1. That the proposed Zoning Ordinance Amendment is consistent with the Policy 12 of the Palm Desert General Plan Community Design Element. 2. That the proposed Zoning Ordinance Amendment will provide the signage standards, guidelines and regulations that are consistent with the Palm Desert General Plan Community Design Element. 3. That the proposed Zoning Ordinance Amendment will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the City of Palm Desert. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of ZOA 09-104. PLANNING COMMISSION RESOLUTION NO. 2503 PASSED, APPROVED AND ADOPTED at a regular meeting of the Paim Desert Planning Commission, held on this 5th day of May 2009, by the following vote, to wit: AYES: CAMPBELL, DELUNA, LIMONT, TANNER NOES: SCHMIDT ABSENT: NONE ABSTAIN: NONE ! � - VAN G. T NNER, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 2503 EXHIBIT A CHAPTER 25.68 - SIGNS 25.68.010 — Intent and Purpose A. This Chapter is intended to implement the goals and policies of the general plan, particularly with regard to developing a city that is visually attractive and preserving and enhancing the visual aspects of the city's streets, highways, vistas and view sheds. B. The purpose of this Chapter is to: 1. Provide each sign user an opportunity for adequate identification while guarding against excessive advertising and the confusing proliferation of signs by regulating the time, place, manner, and design quality under which signs may be displayed; 2. Ensure signs are in harmony with the building, the neighborhood both existing commercial and residential or existing or proposed residential communities and, other signs in the area by eliminating sign clutter and promoting compatibility, proportion, simplicity, design quality, and sign effectiveness; and 3. Protect the safety of motorists and pedestrians by minimizing the distraction of excessive, intrusive signs, as well as to protect the life, health, property, and general welfare of residents and visitors. 25.68.020 — Applicability of Chapter A. Signs allowed. The sign standards provided in this Chapter are intended to apply to all types of signs in all zoning districts in the city. Only signs authorized by this Chapter shall be allowed. Signs erected illegally shall be abated in compliance with Section 25.68.130 (Abatement of Illegal Signs). B. New zoning district. If a new zoning district is created after the enactment of this Chapter, no signs shall be allowed until this Chapter is amended to govern the new zoning district. C. Sign review criteria. The sign review criteria specified in Section 25.68.030. D (Design Review Criteria) shall be used by the applicable review authority during the design review process to ensure that signs are well designed, compatible with their surroundings, and do not detract from the overall visual quality of the city. D. Nonconforming signs. An existing legally permitted sign that does not conform to the requirements of this Chapter shall be deemed a lawful nonconforming sign and shall be subject to the requirements of Section 25.68.110 (Nonconforming Signs). E. Official signs. Nothing contained in this Chapter shall prevent the installation, construction, or maintenance of official traffic, fire, or police signs, temporary traffic- control signs used during construction and maintenance of utility facilities, and substructure location and identification signs required to protect these facilities, devices, and markings of the state Department of Transportation, Director of Community 3 PLANNING COMMISSION RESOLUTION NO. 2503 Development, City Council, or of other competent public authorities, or the posting of the notices required by law. 25.68.030 — Sign Permit Application and Design Review Required A. Sign permit application. It is unlawful for any person to place, alter, or to permit the placement or alteration of a sign, including painted signs upon any property without first obtaining an approved sign permit application from the Department of Community Development. Signs that are exempt from this requirement are listed in Section 25.68.040 (Exempt Signs). B. Application contents. Applications for sign permits shall be made on a form provided by the Department of Community Development and shall be accompanied by a fee as established by City Council resolution. The application shall provide the information and material specified in the DepartmenYs handout for a sign permit application. The applicant shall also provide a signed statement from the property owner or authorized representative that the owner or representative has reviewed the proposed sign(s) and approves of the proposed sign(s) and their location prior to submittal of the sign permit application to the city. C. Design review required. The following sign types and sign programs shall be submitted to the Architectural Review Commission for approval prior to approval of a sign permit application: 1. Freestanding signs (monument signs); 2. Comprehensive sign programs in compliance with Section 25.68.100; 3. Individual signs for any building with more than 100 lineal feet of building frontage facing a public or private right of way; and 4. Any sign that the Director of Community Development determines should be reviewed by the Architectural Review Commission due to the unique design, context, color, size, shape, location, or circumstance of the sign. D. Sign review criteria. In approving or rejecting a sign permit application, the reviewing authority shall consider the design review criteria provided below. The design criteria shall not be construed or applied in a manner as to violate any legal rights bestowed by state or federal law. The reviewing authority shall find: 1. That the sign is necessary for the applicanYs enjoyment of substantial trade and property rights; 2. That the sign is consistent with the intent and purpose of this Chapter and Title; 3. That the sign does not constitute a detriment to public health, safety and welfare; 4. That the size, shape, color, height, and placement of the sign is compatible with and will have a harmonious relationship to the building it identifies, the surrounding neighborhoods, and other signs in the area; 4 PLANNING COMMISSION RESOLUTION NO. 2503 5. That both the location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) are legible under normal viewing conditions prevailing where the sign is to be located; 6. That the location, height, and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs; 7. That the location and design of the proposed sign, its size, shape, illumination, and color are compatible with the visual characteristics of the surrounding area so as not to detract from or cause depreciation of the value of adjacent developed properties; 8. That the location and design of a proposed sign in close proximity to a residential district does not adversely affect the value or character of the adjacent residential uses; 9. That any neon tubing used in conjunction with an open pan channel sign is incorporated as an integral part of the sign design with careful attention to color, intensity of light, and the use of colors that are not overly bright ; and 10. That the quantity of information displayed in the sign does not cause visual clutter. 25.68.040 - Exempt Signs The following signs, if not illuminated, shall be allowed in residential, commercial, and industrial zoning districts without a sign permit application subject to any specific limitations provided below: A. Non-residential only; one identification sign not exceeding one square foot in area displaying only the name and address of the owner or occupant and/or hours of business operation; B. Temporary signs in compliance with Section 25.68.090 (Temporary Signs) except special event banners and new business establishment identification signs in compliance with Section 25.68.090; C. Signs inside a building set back five feet or more from a window and not readily visible from public right of way; D. Directional or safety signs provided that signs do not exceed three square feet per face; E. Official emblems or flags of nonprofit organizations; F. Religious, charitable, educational, or cultural posters not exceeding 16 square feet in area and not displayed for a period greater than 30 days; G. A no-trespassing or no-dumping sign not exceeding three square feet shall be permitted for each property in addition to other authorized signs; 5 PLANNING COMMISSION RESOLUTION NO. 2503 H. Governmental or other legally required posters, notices, or signs; I. Political signs in compliance with the provisions of Subsection 25.68.090 C; J. Directional and public convenience signs for public and quasi public uses. The total . number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the Director of Community Development; K. Utility or telephone pay station signs; L. Bingo signs, provided that said signs shall not exceed a maximum three square foot in area; not installed more than 48 hours before the event; and removed immediately following the event; M. Lottery signs for a business licensed to sell California State Lottery tickets shall be entitled to one window or door mounted lottery decal five and one-half inches by five and one-half inches and no more than one specific identification poster not to exceed 7 square feet; and N. "Open" signs, either mounted on the inside of a window or on a pedestal near the main entrance if a window sign is not used. Maximum sign area shall be three square feet. Signs may be double sided. Pedestal signs shall be located on private property and shall not interfere with pedestrian movement. Signs shall not flash, move, blink, rotate, or appear to do any of the foregoing. 25.68.050 — Prohibited Signs The following signs, displays, and devices, as defined in Section 25.68.150, are prohibited in the city: A. Advertising devices; B. Awnings that are back-lit (internally illuminated) so that the awning radiates light; C. Business and identification signs that mention more than two goods or services sold or available on the premises; D. Cabinet or can signs that are internally illuminated with translucent panels that allow the entire sign background to be illuminated. Signs with internal illumination are permitted only if the sign background is opaque and the only portion of the sign that appears illuminated is the lettering and/or a registered trademark or logo; E. Electronic changeable copy signs; F. Commercial mascots; G. Neon signs, except "open" signs placed in windows and neon tubing used in conjunction with open pan channel signs; H. Off-site outdoor advertising signs (billboards); 6 PLANNING COMMISSION RESOLUTION NO. 2503 I. Pole signs; J. Roof signs; K. Signs that rotate, move, flash, blink, or appear to do any of the foregoing with the exception of approved time and temperature displays; L. Signs on public property, in the public right-of-way, or on public utility poles unless otherwise authorized by this Chapter. Signs shall include, but not be limited to, realtor, open house, and garage sale signs. This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle identification signs, and permitted signs on taxicabs; M. Signs that do not identify a current use on the premises, name of the owner or user, or that do not promote a product, an interest, service, or entertainment available on the premise. Signs shall not advertise a business, accommodation, service, or activity not provided on the premises on which the sign is located; N. Signs located in a manner that the sign or a portion of the sign or sign supports interfere with the free use of a fire escape, exit or standpipe, or obstruct a required door, stairway, ventilator, window, or public way or are otherwise hazardous; O. Signs that imitate an official traffic sign or signal, or contain the words "stop," "go," "slow," "caution," "danger," "warning," or similar words, excepting construction signs and barricades, and except when the words are incorporated in the permanent name of a business; P. Temporary or portable freestanding signs, including A-frame and similar types of portable signs, except as otherwise provided in this Chapter; and Q. Vehicle signs. 25.68.060 - General Provisions for all Signs A. Compliance required. No person shall erect, re-erect, construct, enlarge, alter, change copy, repair, move, improve, remove, convert, or equip any sign or sign structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Chapter. B. Uncertainty of Chapter provisions. The Architectural Review Commission shall have the authority to interpret the provisions of this Chapter at the request of the Director of Community Development, or when an appeal of a decision of the Director is filed with the Architectural Review Commission. C. Sign integration requirement. All signs shall be designed as an integral part of the overall building design and shall be located in a manner consistent with the building's design. 7 PLANNING COMMISSION RESOLUTION NO. 2503 D. Sign construction. Signs that are not temporary signs shall be constructed of permanent materials, including but not limited to metal, wood, acrylic, or other comparable durable weatherproof materials. E. Sign area computation. 1. The area of a sign shall be measured within a single continuous perimeter of not more than eight straight lines enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. �� Sign Vtfid[h � i,,��'L'�S! _ , , � --- � _ �- � �C�'�aners� N �__________________,� �. .� Lettering With No Sign Board Lettering With No Sign Board � ,..�...�� Sign YWdth � I ! �� - � r � `� � � �� — —�"� Lettering With Sign Board F.�..___'� 2. In the case of a sign designed with more than one exterior surface (e.g., two sides), the area shall be computed as including only the maximum single display surface that is visible from any ground position at one time. 3. The supports, uprights, or structure on which any sign is supported shall not be included in determining the sign area unless the supports, uprights, or structures are designed in a manner as to form an integral background of the display. F. Sign height measurement - monument signs. The height of a monument sign shall be measured from the highest part of the text area of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever the Director of Community Development determines is appropriate given the physical characteristics of the site. Decorative features of the sign approved by the Architectural Review Commission may be excluded from the measurement of sign height. 8 PLANNING COMMISSION RESOLUTION NO. 2503 G. Sign height - wall signs. The upper most part of a wall-mounted sign shall not be higher than the eave line of the building on which it is located as measured from the underside of the eave and in no event higher than 20 feet. H. Electrical raceways and conduits. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical, or doing so would damage significant architectural features or materials, the Architectural Review Commission may grant a waiver of this requirement provided all raceways, conduits, and similar devices are designed in a way that they appear to be part of the overall sign or building design. I. Frontage on two or more streets. A business on a lot that has frontage on more than one street shall be allowed the authorized sign area on each street; provided, that the permitted sign areas may not be accumulated on one street and shall not exceed the allowed sign area of any one street. J. Sign removal or replacement. When a sign is removed all brackets, poles, and other structural elements that supported the sign shall also be completely removed. All holes and affected building surfaces shall be restored to match the adjacent portion of the building. K. Sign colors. The standards for signs in this Chapter are premised aesthetically on the use of limited colors per sign so as to minimize excessive contrast and thereby establish more readable, less confusing signs. Signs for commercial complexes, shopping centers, other commercial and industrial development, including individual businesses, shall be limited by the following: 1. Signs shall be limited to a maximum of three colors per sign. If a federally regulated trademark sign has more than three, then the maximum size allowed for that sign shall be reduced by 20 percent for each additional color. 2. For purposes of calculating reductions in size where more than three colors are involved, the maximum sign size resulting from the first 20 percent reduction shall form the basis for the second 20 percent reduction, and so on for each subsequent 20 percent reduction. For example, if the maximum size allowed for a given three-color sign is 10 square feet, then the maximum size allowed for a five-color sign would be 6.4 square feet: 80% x (10 x 80%). 9 PLANNING COMMISSION RESOLUTION NO. 2503 L. Illuminated signs and lights. The following standards shall apply to all illuminated signs: 1. All illuminated signs shall be designed with a dimmer system to avoid undue glare or reflection of light on private property in the surrounding area. 2. External light sources shall be shielded from view and directed to illuminate only the sign face. ;�5�' i;'!i�!' Do this Don't do this 3. Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and/or a registered trademark or logo. 4. Reflective-type bulbs and incandescent lamps shall not be used on the exterior surface of signs so that the bulb or lamp is exposed to view from any direction. 5. Each new illuminated sign shall be subject to a 30-day review period during which time the Director of Community Development may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Director may order the dimming of any illumination found to be excessively bright. M. Signs to face public or private right-of-way. All signs permitted under this Chapter shall be placed on the side of property facing a public or private right-of-way. N. Maintenance of signs. 1. For the public health, safety, and welfare all signs shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts, wiring, ballast, painting, repainting, cleaning, and other acts required for the maintenance of the sign. If the sign is not made to comply with safety standards, the Director of Community Development shall require its immediate repair or removal in compliance with the Chapter. 2. Signs illuminated either internally or externally shall be capable of being fully illuminated and legible with the face(s) intact (without holes or other exterior damage). Any illuminated sign not in compliance with these and other maintenance standards in this Section shall be cited by the Director of Community Development and shall be brought into compliance with applicable standards or proof of a contract for repair and maintenance shall be approved within 30 days or shall be subject to abatement as a public nuisance. Illuminated signs that, because of expired or damaged lighting elements, become non-legible shall be ordered to remain unlighted until repaired. 10 PLANNING COMMISSION RESOLUTION NO. 2503 3. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surFaces shall be restored to match the adjacent portion of the structure. 4. In the case of abandoned signs, the identification, name, and copy pertaining to the abandoned business shall be removed and replaced with a blank panel or white space within 30 days of vacating the business. 5. When it is determined by the city that a sign may cause imminent danger to the public safety and contact cannot be made with a sign owner or building owner, no written notice shall be required. In this situation, the city may correct the danger. The city shall cause to have removed any sign that endangers the public safety, including abandoned, materially dangerous, electrically or structurally defective signs. 6. Notices of violation shall be sent by the Director of Community Development by certified mail. Time periods provided in this Section shall be deemed to commence on the date of the mailing. Any person having an interest in the sign or the property may appeal the citation ordering the removal of compliance by filing a written notice of appeal with the Director of Community Development within 30 days after the date of mailing the notice, or 30 days after receipt if the notice was not mailed. 7. Signs removed by the city shall become the property of the city and may be disposed of in any matter deemed appropriate by the city. The cost of the removal of any sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the city or by assessment against the property. The cost of removal shall include any incidental expenses incurred by the city in connection with the sign's removal. 25.68.070 — Permanent Signs The following tables provide regulations for permanent signs in residential and nonresidential zoning districts. References in the last column provide additional regulations for specific sign types located elsewhere in this Chapter. In the case of an inconsistency between regulations provided in the tables and regulations provided for specific sign types, the regulations for specific sign types shall take precedence. The number and area of signs as provided in this Chapter are intended to be maximum standards. However, the standards do not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, the approving authority shall also give consideration to a sign's relationship to the overall appearance of the subject property, as well as the surrounding community with the goal being to minimize visual pollution, excessive illumination, and excessive contrasting colors. 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Z G� � O � � O � � 0 O � � � � � p ~ � � � .� � � � �c � �u�i � � E � � � .m v� -o � .a� � � >, � c�,a �c o U � a m � a� m � a m o � a � � � C� � Z a' � c Z N N ` N Z � v� o � _ � o E � v� �, o � � � c c � � u� w � �n c a .� � � N L � � � � � !�- N L � G� � � � � � � +�'' � � � � � � 00 .� d O � � H C � a' �I ' ,� `!4 `� � Y O � Z3 L O ,Q 'q�j � � N C � H 'c 3' U °'� � cQ Z F- o '= d � vE coo � oc � Q 4 � U � � � f6 '^ J . � � (6 (6 � .r v � "Z' � (0 � � C � i N � � � C O � '� N Z V� � Z N U Q O Q N � �» s a � � � � _ -- � � $ o � � � � L '� � Z � Q � � c� = 0 � co .� � m W °' � o � m Q Cf , � ca -g � N � Q J � �tA � O � G> � Q � p � �-� C � � O in .O U �.' � fl-�' C � V! � O � •� v�j ��'v � � C ... � N � � �n c v� � �- fn � � N "� o � � Z 0 _° O O p OZ V � v� �' � � `° � .� � � c �c; � ? � � ° .c •� = H J W � .� °' � � � � rn � � c °- oo � a�o W � ZO `o Q ° � � � J N N O Q � d = � �, ° � � N � � a�i o y a�i � Z ;m �, c v� � � ° ~ ° � v� � — � c ,... p Q v� tn � U � cn � c U •� � Z z y � � N �' Z � � `o � � L � V � � � � a a � � � � � � a�i N � � N .N � C9 H R � rc�ia m '�n � r PLANNING COMMISSION RESOLUTION NO. 2503 25.68.080 — Standards for Specific Types of Permanent Signs A. Building-mounted wall signs. <��r��r�.� y ;;.� a� � ,, � P � ' F� ,�.A a�rs�k�� :.�wU��` �a'S^ 4`S q .s" � � . . 1�r �. 1 � � .1� �:^�"�`s��,� ��. ."1,�' .�.ir '" �,� a +� �3:.\ W..� ��y,:>k�1>��; ' „ev„ c� o 1�: �3I�3!!I V},,II • ..� � 'S' p `�r��g�+ 'i ��e �;. i. y . �a� ::� �:' xa � '��° ' G,. �.w 1�'L ��nd ' p,ri,7,,.s��1`�-�"^��.'�^"A� t.rv� � ,.:�� S� 1. Signs shall be located only on a building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located. � � �� SI�N �._�'� �.�� $ � �......� , : Appropriate Wall Sign Location � � �� 1,. , ,T�' � , � . �'... ..'� .: . I �.'. s':"�. :... .�.. �. . � Not Allowed 21 PLANNING COMMISSION RESOLUTION NO. 2503 2. Electrical raceways for signs shall be designed as an integral part of the sign or building design and shall not be visible. _ z,. ' _ � i� l � °� 3. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. 4. Signs shall be located within the middle 50 percent of the building or occupancy's frontage measured from lease line to lease line. �= 16 F��T —� ��ii�PT�� o�;� .. ��.. � � �-�—9i FE� +— 2��EE�--•� Appropriate Wall Sign Location 22 PLANNING COMMISSION RESOLUTION NO. 2503 5. Signs located on adjacent walls on the same building shall be separated by a minimum of 30 feet measured along the exterior walls of the building. .�� '� ° ��b � ��, �ti1'� .. r� ... .� m��.y, � 4�� '� � � � 'ii ��rl j h>, �' ? �' i � k � ., , Required Separation for Wall Signs B. Freestanding monument signs. �� '�y y�^r��F �I�� i FG� � i�� d ��; s,��y�;<� f,, � r � ; ,» f�t�1 e m �i � � �, f ,.�� : � � r i �! m�.. �,; ,� 1. A single tenant building, commercial or industrial complex, or shopping center shall be entitled to one freestanding monument sign per frontage on a public or private street. 2. When a shopping center or industrial park has street frontage on any one street in excess of 1,600 lineal feet, one additional sign shall be permitted. Freestanding signs on the same street shall be separated by a minimum distance of 400 lineal feet. 3. All freestanding monument signs shall be placed within a permanently landscaped area, be architecturally compatible with the building or complex, and not encroach in the public right-of-way. 23 PLANNING COMMISSION RESOLUTION NO. 2503 4. When approving any freestanding sign the Architectural Review Commission shall affirmatively make the finding that the approval shall visually enhance the aesthetic quality of the property on which the sign is to be located. 5. Freestanding monument signs shall not contain phone numbers. C. Secondary business signs. ,,z' : � yi� �'fl�'�"✓�� F f �� "'� � �l � "� i ��9��^�' syi"/�>/�y�� „ . � �"C�/i�'i� �a's� ��,�' y�qT�j��i i i / �,�/� 6 ��/ t/y r � M ��"�: "�'�I"T :'N� � � . � ��//l Y�/Y/✓' / {:d,�"; p�5�i y,�� ,�9„'�� %<�� „�,a-; �< . z r,m,��ti a�r � s,5,, x�'.; Main Building Sign /��``�,, e-� "�' �� econdary Secondary �� , '�� ti;, , �� ig�age �T15'GQl e�,�'!ri8 Signage �` �"�,� � u� w,. , � '"� '`» Hri�toLC+Eb � � �se_, ':.�� . � Y 1. Secondary business signs shall be clearly ancillary to the main business sign and in no event shall the aggregate sign area exceed the maximum permitted under this Chapter. 2. The design of secondary business signs shall be architecturally consistent with the main business identification sign. 3. The total aggregate sign area of the primary sign together with the secondary sign shall not exceed the maximum sign area allowed for the business. 4. Where a proposed secondary business sign is a registered federally regulated trademark sign, the size of the trademark sign may be subject to size reduction requirements in compliance with Section 25.68.060 (Sign Colors). 5. No more than two secondary signs allowed except as otherwise provided in this Chapter. 6. Secondary signs shall not contain phone numbers. 7. Slogans, mottos, or sayings may be used instead of secondary business signage. 24 PLANNING COMMISSION RESOLUTION NO. 2503 D. Window signs - permanent. 1 � � FINE AqENSWEAp SINCE 1923 � a�;' s;�' 1. Signs shall be allowed only on windows located on the ground floor of a building frontage. 2. Signs shall be permanently painted, etched, or mounted on the inside of windows. 3. Signs within five feet of a storefront window shall be counted as a window sign. 4. Window signs shall be allowed in addition to the aggregate sign area allowed for wall and projecting signs. E. Signs on awnings, marquees, canopies, arcades, or similar structures. - � , � r yi�t,�<: ;� `f� '�:.. � �'�� ,s�.�� ,� � , � � �� ,� �� , _ ��i�. b��ae�� ai� s��"��v�� i. t':. �� .��i� "��^c��a!��'�k��, 'r � � �`.� � ��1t�"�a "Y.i s��. 1 "C"�e�.� ;� � � � � �� e� �� ..�:�a� ��.\�4 '". �w� .°�'a. { �pip`. �st..;ip R }GiFI � {i � 1. All awnings shall be reviewed and approved by the Architectural Review Commission. The awning shall be architecturally compatible with the building and as a result an awning may not be appropriate for every building. 2. Signs on awnings shall be kept in good repair, clean, and not faded. 3. Signs on awnings (lettering and numbers), including lettering style and colors shall blend aesthetically with the awning and building to which it is attached. 4. When required by the Building Official, street address numbers shall comply with the requirements of Palm Desert Municipal Code Section 15.15.010 and Table 15.15.020 A. 25 PLANNING COMMISSION RESOLUTION NO. 2503 5. Awnings shall not contain phone numbers. F. Projecting signs. , � !�II I�Is , :';_ � � t .,,: �., � �:� .a'" ��; :t� �� :,y. I- 1. Projecting signs shall not extend below eight feet from the sidewalk or the right- of-way. G. Pedestrian oriented signs. 1. Where the principal sign for a business is located so that it cannot be seen by pedestrians on the same side of the street, one business identification sign, in addition to other signs allowed in this Chapter, shall be permitted subject to the following standards: a. Signs shall be no larger than three square feet (on each side); b. Signs shall be projecting, hanging, or mounted on a pedestal. Signs on pedestals shall not exceed 54 inches in height; c. Signs shall not be used as "open" siqns; and d. Signs shall be designed and located so as to not distract from the appearance of the building or violate the intent of this Chapter. 2. Businesses in the commercial and industrial districts may place a pedestrian oriented, pedestal mounted "open" siqn in front of their place of business subject to the following standards: a. Maximum sign area shall be three square feet; b. Maximum sign height shall be 54 inches; c. Signs shall be placed on private property in a location that does not impede pedestrian traffic flow; d. Signs shall not include extraneous verbiage advertising the business, specials, or sales events; and e. Signs shall be removed when the business is not open for business. 26 PLANNING COMMISSION RESOLUTION NO. 2503 3. For businesses on EI Paseo between Portola Avenue and Highway 74, the following additional standards shall apply: a. Signs permitted under this Subsection shall be limited to the word "open„ and the business name only; b. Logos are not permitted; c. Signs shall be in two colors only, excluding florescent colors; black and white will be considered colors and sign shall not contain extraneous decoration; d. Signs shall be mounted on a pedestal using one of the two sign colors; and e. Signs shall be professionally manufactured and well-maintained at all times. H. Signs facing the freeway. Businesses located in buildings with one side facing the freeway shall be entitled to one sign on the freeway side of the building in addition to other allowed signs for the front of the building, provided the freeway facing sign complies with the following requirements: 1. Signs for single tenant buildings shall be limited to 50% of the total sign area allowed on the front of the building; 2. Signs for multi-tenant buildings, individual business signs shall be limited to a maximum of 16-inch high letters; 3. All signs facing the freeway shall use a single color, except for federal trademark signs, and a clean letter style font; and 4. All signs facing the freeway shall be non-illuminated individual letters or logos. I. Directional signs for courtyard or plaza businesses. Where commercial buildings or complexes are designed to contain tenant spaces oriented to an interior courtyard or plaza and where the principal business identification sign is located on that courtyard or plaza frontage, the commercial building or complex shall be permitted a pedestrian directional sign(s). The directional sign shall group the names of businesses and/or principal services to be found in the courtyard or plaza subject to the following standards: 1. Signs shall be located at major pedestrian entrances to the plaza or courtyard; 2. Signs shall not encroach into the public right-of-way; 3. Signs shall be properly integrated into the architectural and landscape design of the building; and 27 PLANNING COMMISSION RESOLUTION NO. 2503 4. Signs including supports shall have a maximum width of four feet whether wall mounted or freestanding. J. Attraction boards for theaters and nightclubs. In addition to the principal sign area, one attraction board to advertise nightclub or theater entertainment shall be allowed. The information on the attraction board shall be limited to coming and current entertainment only. Attraction boards shall not be used to advertise rates or prices of attractions. K. Restaurant menu boards. In addition to the principal sign area, a restaurant may have one sign on a wall or window displaying the menu and/or daily specials. When a restaurant is set back more than five feet from the public right-of-way or pedestrian walkway, a freestanding easel may be set up within the setback to display the menu board during hours when meals are being served. The sign shall not encroach into the public right-of-way or obstruct pedestrian movement. L. Gasoline service stations. Gasoline service stations shall be limited to those signs approved by the Architectural Review Commission as a part of their action on a conditional use permit and/or amendment thereto. Service station signs shall not exceed the following limitations: 1. One double-faced freestanding monument sign not to exceed 24 square feet in area or not to exceed eight feet in height, and advertising only the name of the company; 2. One 10 square foot maximum wall sign advertising the company name and/or operator; and 3. One wall or ground sign, not exceeding eight square feet in area and eight feet in height for a ground sign, advertising the actual lowest price per gallon including all taxes at which gasoline are currently being offered. Any special conditions required for sale at the lowest price shall also be indicated. 25.68.090 — Temporary Signs The following temporary signs shall be allowed subject to the requirements of this Section. Temporary signs in violation of this Section shall be treated as illegal signs and shall be subject to abatement under the requirements of Section 25.68.130 (Abatement of Illegal Signs). Nothing contained in this Section shall prevent the City Council from granting a special permit application or otherwise permitting signs, displays, or advertising pertaining to a civic, patriotic, or special event of general public interest taking place within the city when it can be found that the signs, displays, or advertising will not be materially detrimental to the public welfare, interest, or safety, nor injurious to adjacent property or improvements. A. Number, size, height, and duration. Table III provides standards for temporary signs. Temporary signs are allowed in addition to the number of permanent signs allowed for the property. 28 PLANNING COMMISSION RESOLUTION NO. 2503 TABLE III TEMPORARY SIGNS Sign Type Maximum Maximum Maximum Duration Additional Number Area Height Standards Temporary window signs Commercial Allowed for sales and Industrial and promotions. Zones Lineal feet of window area 50 lineal ft. or One sign 20 sq. ft. (1) N/A 30 days Placed on inside of less Max. 25% of window. total window area 50 lineal ft. to One sign 50 sq. ft. (1) 100 lineal ft. Max. 25% of total window area More than 100 One sign 75 sq. ft. (1) ft. Max. 25% of See Notes (1)and total window (2) at the end of the area table for additional information in certain cases. Special signs Special event One sign 30 sq. ft Below eave 30 days per 25.68.090 D, banner Building- line of building. year mounted or freestanding. New business One sign. See Section Below eave 60 days Allowed only while establishment 25.68.070 1a, line of building. permanent signs are identification 1 b or 1 c. being obtained. 29 PLANNING COMMISSION RESOLUTION NO. 2503 TABLE III TEMPORARY SIGNS Sign Type Maximum Maximum Maximum Duration Additional Number Area Height Standards Trade and One sign per 16 sq. ft. per During active On property where construction street 20,000 sq. ft of 8 ft building construction is project signs frontage. site area. permit. taking place. Shall Shall not Max.32 sq. ft. Removed list only firms obstruct before notice connected with the visibility at of completion. development intersections. project. New residential development New I double face 48 sq. ft. per 8 ft. Until all units subdivision sign, or 2 sign face in the project identification single face are sold sign signs per street frontage. New Two signs per 15 sq. ft. each 8 ft. Until all units Sign placement to subdivision street frontage in the project direct persons to the directional are sold subdivision signs entrance. Realty and lease signs Realty sign - One sign per 3 sq. ft., plus 4 ft. During time 25.68.090 street frontage one rider sign; when realty is Single-family 5 in. X 16 in. offered for sale residential or rent. Realty sign - One sign per 3 sq. ft. 4 ft. While a 25.68.090 street frontage salesperson is Open house physically sign present on the premises Realty sign - One sign per 12 sq. ft. 4 ft. During time 25.68.090 street frontage when realty is Other than offered for sale single-family in or rent. a residential zone. 30 PLANNING COMMISSION RESOLUTION NO. 2503 TABLE III TEMPORARY SIGNS Sign Type Maximum Maximum Maximum Duration Additional Number Area Height Standards Lease One two-sided 32 sq. ft. 6 ft. Displayed after May advertise lease potential sign per street ARC project potential for future sign- frontage approval. development prior to Removed and during Future before notice construction. No development of completion. riders outside of the 32 square foot area. Realty sign - One two-sided 16 sq ft. 6 ft. During time No riders outside of sign per street when realty is the 16 square foot Nonresidential frontage. offered for sale area. Shall not be zones or rent. illuminated. Personal One sign per 3 sq. ft 4 ft. 2 days within a Only on the property property sale, street frontage 30-day period. where the event is block party, being held. or similar event Political signs - See Section 25.68.090 C. (Political Signs) Notes: (1) Businesses that are set back more than 250 feet from a public right-of-way (street) may double the temporary window sign area. Businesses that are set back more than 600 feet from a public right-of-way (street) may triple their otherwise entitled temporary window signage. (2) Does not include signs and decorations painted on or applied to windows pertaining to holidays and seasonal events when the signs contain no reference to the goods or services sold or provided by the establishment. All signs and decorations shall be removed within 10 days following the applicable holiday. B. Standards for temporary signs. Temporary signs shall be subject to the following standards and any additional standards for specific types of temporary signs: 1. Signs are allowed on private property only and shall not be placed in public rights-of-way or at off site locations; 2. Sign shall not be attached to roofs, temporary structures, trees, utility poles, light standards, and similar items in the public right-of-way; 3. Signs shall not be illuminated; 4. Signs shall not move in any manner; 31 PLANNING COMMISSION RESOLUTION NO. 2503 5. Signs shall be constructed of durable material suitable to their location and purpose; and 6. Signs and their components shall be promptly removed at the time of expiration. C. Political sign regulations. Political signs shall comply with the following requirements: 1. Political signs shall not be located in the public right-of-way; 2. No fee or permits shall be required for the right to erect political signs; 3. Where the sign is proposed to be placed on private property, the applicant shall secure the permission of the property owner; 4. Signs shall not be placed in any manner to create a hazard to public health or safety; and 5. Signs shall be removed within 30 days following the election. D. Special event signs. 1. With the approval of the director of community development, a business may erect one temporary sign, mounted on a wall fascia or freestanding, advertising special events, promotions or sales. Approval of a sign permit application may allow up to 30 square feet of sign area depending upon the type of event, building design, and right-of-way frontage for a period not to exceed 30 days per year. 2. Signs approved under this Section shall be compatible and harmonious with the color of the building and adjacent buildings. When improperly used, special event signs constitute a public nuisance and may be abated. Special event signs for periods in excess of 30 days may only be permitted in compliance with a resolution of the City Council, which shall specify the period during which the banner may be displayed. E. Open house signs. Off-site open house directional signs shall be permitted for an open house, subject to the following provisions: 1. No flags or banners shall be used; and 2. Signs shall be located on private property only, unless prior written approval for unique circumstances is obtained from the Director of Community Development. 25.68.100 — Comprehensive Sign Program A. Purpose. The purpose of a Comprehensive Sign Program is to integrate all of a non- residential project's signs with the overall site design and the structures' design into a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this 32 PLANNING COMMISSION RESOLUTION NO. 2503 Chapter. Approval of a Comprehensive Sign Program may modify the standards provided in this Chapter as to sign number, size, height, illumination, location, orientation, or other aspects of signs within the limits of this Section. B. Applicability. The approval of a Comprehensive Sign Program shall be required whenever any of the following circumstances exist: 1. Whenever 3 or more separate tenant spaces are present on the same site; 2. Whenever 3 or more non-exempt signs are proposed for a single-tenant; 3. Whenever signs are proposed to be located on the second story on a multi-story building; 4. Whenever an existing multi-tenant development of 3 or more tenants is being remodeled or rehabilitated to the extent that it requires review and approval by the Architectural Review Commission; or 5. Whenever the Director of Community Development determines that a Comprehensive Sign Program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.). C. Approval authority and limitation. The Architectural Review Commission shall be the review authority for a Comprehensive Sign Program. D. Application requirements. A sign permit application for a Comprehensive Sign Program shall include all information and materials required by the Director of Community Development. E. Standards. A Comprehensive Sign Program shall comply with the following standards: 1. The proposed sign program shall �omply with the purpose and intent of this Chapter; 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and/or developments they identify, and to surrounding development when applicable; 3. The sign program shall address all signs, including permanent, temporary, and exempt signs; 4. The sign program shall accommodate future revisions that may be required because of changes in use or tenants; 5. The sign program shall comply with the standards of this Chapter, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter; 33 PLANNING COMMISSION RESOLUTION NO. 2503 6. Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter; and 7. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. F. Findings. In order to approve a Comprehensive Sign Program the following findings shall be made: 1. The Comprehensive Sign Program complies with the purpose of this Chapter, including the Design Criteria; 2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development; 3. The Comprehensive Sign Program contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and 4. The Comprehensive Sign Program complies with the standards of this Chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the signs proposed under the Comprehensive Sign Program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this Chapter. G. Revisions to Comprehensive Sign Programs. The Director of Community Development may approve revisions to a Comprehensive Sign Program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised Comprehensive Sign Program by the Architectural Review Commission. 25.68.110 — Nonconforming Signs A. Lawfully permitted nonconforming signs. 1. Lawfully permitted on-premises signs existing at the time of the adoption of the ordinance codified in this Chapter on that do not comply with the requirements of this Chapter shall be deemed lawful nonconforming signs. . 2. Nonconforming signs shall not be expanded, extended, rebuilt, altered, or reconstructed in any way, except for normal maintenance or to protect public safety. 3. It shall be the express responsibility of the seller of property or a business to advise the buyer of the provisions of this Section relating to the removal of nonconforming signs upon the transfer of ownership of a business. B. Lawful nonconforming signs to be removed. It shall be the responsibility of the business owner, sign owner, or property owner to ensure compliance with this Section. 34 PLANNING COMMISSION RESOLUTION NO. 2503 Nonconforming signs shall be removed or made to comply with the requirements of this Chapter as follows: 1. Within 30 days of the issuance of a sign permit application for a sign on a property on which a nonconforming sign(s) exists. Prior to the issuance for a property on which a nonconforming sign(s) exists, the applicant or owner shall file with the city an irrevocable bond in the amount of $10,000 to guarantee the nonconforming sign(s) shall removed or made to conform with the requirements of this Chapter within a specified time; or 2. Upon the transfer of ownership of the business; or 3. Upon the altering of the nonconforming sign or sign structure in any way or the addition of new sign(s) or a new sign structure; or 4. After 90 days of the discontinuance of a business or before a new business occupies the building, whichever comes first. C. Nonconforming signs maintenance. Except for normal repair or maintenance not exceeding 50 percent of the value of the sign, nonconforming signs shall not be modified, altered, moved, or replaced except in compliance with the requirements of this Chapter. D. Lawful nonconforming offsite signs (i.e. billboards). Nothing contained in this Chapter shall be construed to limit the ability of an owner of a lawful nonconforming off- site sign (i.e. billboard) to periodically change advertising copy. 25.68.120 — Abandoned Signs A. Removal of abandoned signs. 1. An abandoned sign or an abandoned nonconforming sign shall be removed within 30 days by the owner or lessee of the premises upon which the sign is located or by a person, organization, or other entity that directly or indirectly receives a benefit from the information contained on the sign. All wording advertising or relating to the discontinued business shall be removed from all nonconforming signs. 2. A sign frame or structure that has been abandoned shall be removed within 30 days by the owner or lessee of the premises upon which the sign frame or structure is located. B. Presumption that a sign is abandoned. A sign that identifies or advertises a business that has ceased; is located upon a structure that has been abandoned by its owner; has not identified a bona fide business, lessor, service, owner, product, or activity available upon the site, for more than 90 days shall be presumed abandoned. C. Notice that a sign is presumed abandoned. The Director of Community Development shall send the person responsible for a sign presumed to be abandoned an Abandoned Sign Notification. Failure of the person to respond within 30 days to the Abandoned 35 PLANNING COMMISSION RESOLUTION NO. 2503 Sign Notification shall serve as prima facie evidence of intentional permanent abandonment of the sign. 25.68.130 — Abatement of Illegal Signs A. Enforcement authority. The Director of Community Development shall be the enforcement authority for this Chapter. B. Abatement of illegal signs. The Director of Community Development shall not permit, and shall abate, any sign within the city that fails to meet the requirements of this Chapter or other applicable law, including temporary signs. Any illegal permanent signs shall be abated by the City. C. Notification and appeal. The Director of Community Development shall notify the owner or user of a permanent sign that has been installed without a sign permit that the illegal sign shall be removed within 10 days. Upon receipt of this notice, the owner or user of a permanent sign that is determined to be illegal does have the right to file an appeal regarding the decision or notice within 10 days thereafter to the City Council pursuant to the provisions of Chapter 8.20 of this Title. 25.68.140 - Penalties A. Violations of any of the provisions of this Chapter are infractions and/or misdemeanors punishable as provided for in Palm Desert Municipal Code, Section 8.20.020(L). B. If the installation of a sign is commenced prior to obtaining an approved sign permit application the applicable fee for a sign permit application shall be doubled. 25.68.150 — Definitions The following words and phrases shall apply in this Chapter: "Abandoned sign" means a sign that is advertising a use that has ceased; is located upon a structure that has been abandoned by its owner; does not identify or advertise a current bona fide business, lessor, service, owner, or product available upon the site; or that identifies or advertises an event or activity that has occurred. "Advertising device" means any balloon, flag, pennant, propeller; oscillating, rotating, pulsating, light; or other contrivance except a sign used to attract attention for the purpose of promoting (either directly or indirectly), the sale of products of any person. "Advertising display" means any device, contrivance, statue or structure other than a sign used as a display, regardless of size 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 the advertising display. "Awning Sign" means a sign painted on, printed on, or attached to the surface of an awning. 36 PLANNING COMMISSION RESOLUTION NO. 2503 "Back-lit Awning" means an internally illuminated, fixed, space-frame structure with translucent, flexible, fabric reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning. "Business sign" means 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. "Building frontage" means that building elevation that fronts on a public street, alley, driveway, parking area, pedestrian plaza, courtyard, or arcade. "Cabinet sign" means a sign that has one or more plastic, acrylic, or similar material faces (panels) attached to a metal frame (cabinet). These signs may or may not be internally illuminated. "Commercial mascoY' means humans or animals used as advertising devices, typically by the holding or wearing of insignia, masks or costumes associated with or advertising the commercial establishment. Includes sign twirlers, sign clowns, etc. "Construction sign" means a temporary sign stating the names of those individuals or firms directly connected with the construction or development project, their addresses and their telephone numbers. "Externally lighted sign" means a sign whose immediate source of illumination is not enclosed by the surface of the sign structure. "Face or wall of a building" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts. "Freestanding sign" means a sign supported by upright pedestals or braces placed upon or into the ground and detached from any building. "Freeway signage" means any building sign that is visible and has frontage along the Interstate - 10. "Height of a sign" means the greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign. "Identification sign" means a sign limited to the identifying name, symbol or insignia, or any combination thereof, of a building, use, or persons occupying the premises on which the sign is located. "Internally lighted sign" means a sign with an immediate source of illumination that is completely enclosed by the surface of the sign structure. "Nameplate" means a sign not exceeding one foot by three feet signifying only the name of the occupant and his occupation or specialty. "Outdoor advertising structure or sign" means a sign placed for the purpose of advertising products or services that are not produced, stored, or sold on the property upon which the sign is located. 37 PLANNING COMMISSION RESOLUTION NO. 2503 "Political sign" means any sign concerning candidates for political office or involving a ballot issue. "Price sign" means a sign limited to the name or identification of items or products offered for sale on the premises, and the price of the items or products. "Projecting sign" means a sign other than a wall sign suspended from or supported by a building or structure and projecting outward there from. "Real estate sign" means a temporary sign advertising the sale, lease, exchange or rent of the property upon which it is located, and the identification of the person or firm handling the sale, lease, or rent. "Roof sign" means 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 eave line of a roof. The lowest point of a mansard style roof shall be considered the eave line. "Sign" means anything 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 inerchandise or products for sale on the premises, or signs inside buildings except when less than five feet behind a window and facing public view, or ornamentation, design, statuary, architecture, landscaping, pictures, paintings, or other art forms unless, in the case of any exceptions listed in this Chapter, the attraction, because of location, size, use, or the nature thereof, has the effect of attracting attention for identification purposes when viewed from an outside public area. The basic intent behind this definition is not to discourage product displays, design or art forms epitomizing simplicity, good taste, and compatibility with the community's desired image. "Sign face" means the surFace or that portion of a sign that is visible from a single point as a flat surface or a plane and considered together with the frame and the background. "Vehicle sign" means any sign that is attached to or painted on a vehicle or trailer that is parked on or adjacent to any property, the principal purpose of which is to direct people to a business, or attract attention to a product sold or business located on the same property or nearby. On street legal vehicles, the following signs or insignia are not considered to be "Vehicle Signs," and are not regulated as Vehicle signs: 1. Messages on a vehicle where the primary purpose of which is to be used in the regular course of business to transport the personnel or products, or to provide the services (not including general advertising) that are advertised on the vehicle; 2. Commercial messages that do not exceed a total of 3 square feet in size; and 3. Commercial messages on mass transit vehicles that pass through the city. "Wall sign" means a sign attached to or erected on the exterior wall 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 eave line. The lowest part of a mansard-style roof shall be considered the eave line. 38 PLANNING COMMISSION RESOLUTION NO. 2503 "Window sign" means a sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view that is located within five feet of the window is considered a window sign for the purpose of calculating the total area of all window signs. 39 �� P�� ( ( os�i9�og � , B axl ey Propert�es ,.� S�iss- Lsasin! Managameni DATE: May 19, 2009 TO: City of Palm Desert Planning Commission FAX: (760)340-0574 Tony tbagato@ci.palm-desert.ca.us FROM: Dick Baxley Baxley Properties,Inc Email: dbaxley@baxlevproperties.com RE: Signs in Palm Desert Dear Planning Commission: I apologize for not being able to attend the Planning Meeting being held tonight in person but am traveling to my nephews graduation. My request is limited to those signs on buildings visible from I-10. I would like to see letters taller than the proposed 12", at least 16", preferable 20"and that these freeway visible signs be able to be night lighted. The building owners will appreciate your consideration. 0l?3•3310 Fax: �so.773.3013 73-712 Alessandro, Suite B-4 • Palm Desert, CA 92260 www.huxlcypronerties.r��m y �. � . MINUTES COMMISSION MAY 5. 2009 character of the neighborhood. It was just noticeable. Her concern is that when Palm Desert put in R-1 zoning, it was so they would maintain the character of our neighborhoods. Her concern is, and Ms. Theodoratus is probably a terrific landlord, but she is a distant landlord. It was terrific that she had a properry company to manage it, but she had concerns about having Palm Desert starting to morph into rental neighborhoods, even if it's just one neighbor who says this is my primary residence. That was her biggest concern. Chairperson Tanner shared Commissioner Limont's thought process. He recognized that these are tough economic times and understood that, but at the same time this is a neighborhood that was developed for primary dwellers. He knew that there were rental properties in there, and understood that, but not short term. He didn't want to see Palm Desert Country Club turn into a one-week, two-week rental property area. So he was not in favor of this moving forward. He noted that there was a motion on the floor and asked for a second. There was no response; the motion died due to the lack of a second. Action: It was moved by Commissioner Limont, seconded by Commissioner DeLuna, to deny Case No. CUP 09-180. Ms. Aylaian noted that staff would need to prepare a resolution of denial that would come before the Commission at the next meeting. After discussing the matter further, keeping the public hearing closed, Commissioner Limont amended her motion, and Commissioner DeLuna amended her second, to continue the matter to May 19 and instructed staff to prepare a resolution of denial. Motion carried 4-1 (Commissioner Campbell voted no). ar�. B. Case No. ZOA 09-104— CITY OF PALM DESERT, Applicant Request for a recommendation of approval to the City Council of a zoning ordinance amendment updating and revising Palm Desert Municipal Code Section 25.68, Signs. Mr. Bagato gave a power point presentation, reviewing the staff report in detail. He recommended approval. 6 .:�� ' � � MINUTES � PALM DESERT PLANNING COMMISSION MAY 5. 2009 Commissioner Limont asked for clarification that illumination on signs along the freeway is allowed. Mr. Bagato explained that currently it is allowed, but the new code would require them not to illuminate them. Commissioner Campbell asked if the Closet Tailors sign was legible from the freeway going 70 mph. Mr. Bagato said that was subjective; he could see it. Commissioner Campbell thought it looked pretty far away. If they approved this tonight and moved forward, Chairperson Tanner asked how that would affect the buildings currently sitting on the freeway with signage in excess of the new ordinance. Mr. Bagato said that since they were approved under the current code, which is legal, they would be grandfathered in. They would remain as long as they remain; if someone else took over that space or if Gateway Place wanted to change their sign, they would have to comply with the new code. There would be some issues because there are some sign programs like the Kelly Paper Store that actually have approvals at 24-inches, so some of them wouldn't conform to the current code because of past approvals; they would be grandfathered in. But anything new would be enforced. Chairperson Tanner asked if it would be the same thing for the illumination along the freeway. Mr. Bagato concurred. Commissioner DeLuna commented that staff has done a very good job with trying to regulate. She herself had concerns. Now that Palm Desert has so many more new buildings going in, if all of them had signs as big as some of the ones previously approved, it would look like a constant billboard driving down the freeway, so she thought staff had done a good job addressing the issues and making it something that is user friendly, yet is still in keeping with the reflection of the way Palm Desert wishes to be noticed and commended staff's efforts. Commissioner Campbell asked about political signs. Mr. Bagato explained that those standards hadn't changed. They are allowed as long as they are on private property. During the election period, the current code says they are supposed to be removed within 30 days. They kept that the same, but the signs are allowed under law. He reiterated that they were basically keeping the same standards for 99% of the code. Since elections tend to be close to holiday times in general, Commissioner Limont asked if they could consider reducing that amount of time, such as 15 days. Commissioner Campbell agreed that they go up pretty fast and should come down just as fast. Mr. Bagato deferred that to the City Attorney. Commissioner Limont asked if they could reduce the time because sometimes they just straggle. Mr. Hargreaves explained that the 7 • �- � MINUTES ' ERT PLANNING COMMISSION MAY 5. 2009 whole sign issue is very complicated because it is considered speech and they have the First Amendment free speech. Commercial signs are somewhat problematic; political signs are very problematic because they are regulating in an area that is very much protected by our constitutional rights. They could regulate if we have a compelling interest. What they have done in Palm Desert, and it has been recognized for some time, is left provisions in the code that they generally understood they would have difficulty enforcing, but they've asked people that run for offices within the city to abide by the sign ordinance as a matter of good faith in terms of city government. Sometimes they do, and occasionally they don't, and we go through this trauma every time we have an election campaign. They try to keep people within certain limits for the aesthetics for the city, but on the other hand, we understand that our ability to enforce them, and somewhat limit them, is somewhat problematic. It's almost more of a code of ethics than an enforceable sign ordinance on some of these issues. Chairperson Tanner asked if there was any provision in the ordinance that would allow the public to take these signs down as opposed to the candidates themselves. Mr. Bagato said they are located on private property, so they would be trespassing and they couldn't do that. Ms. Aylaian explained that many of the candidates will use the same signs from one election to the next. They do like to get them back since they own the signs. They might appreciate the help, but they might request that the signs be returned to them. Mr. Hargreaves noted that there are more aggressive sign ordinances, and La Quinta has a pretty aggressive one in terms of the number of signs, but the enforceability of some of those prohibitions is somewhat questionable. Chairperson Tanner indicated that they also require them to be down in a shorter amount of time after an election. Mr. Hargreaves said that we at times have taken forward proposals, and there was talk at one time of having every political sign that comes up to get a stamp of approval from the City, and by doing that the candidate was basically acknowledging that it was their sign and they would have it down within a specific amount of time. Ultimately, City Council decided at that time that unless it was really broke, let's not mess with it because it is such a touchy subject to try to regulate. Every two years it becomes an issue and then kind of goes away. Commissioner Schmidt asked when the new sign ordinance becomes final, if it would have a chapter index similar to the old code. Mr. Bagato said yes, it would be codified and would have an index as well. Commissioner Schmidt thought it was remarkable to her that the old code has enough left in it, if it was so antiquated, to be most of the new code. It obviously was a good sign code and they were spiffing it up some, and an extraordinary amount of work went into it, and is still going into it, and she 8 , ( i MINUTES � SION MAY 5. 2009 was very gratefui for that. She really felt it was a mouthful and it has been worked on for over two years, and yet it is before them tonight once. She had some questions that needed to be answered, and what she really felt is that they shouid continue this and call for some sort of group study session between Architectural Review (ARC), and maybe even the Sign Subcommittee, so they could be comforted with some of these questions, because this vehicle is going to stay with the City for a long time. She didn't like to pass law for any single purpose, and she saw a semblance of that threaded throughout the new ordinance. She would just like to be clearer on what that really meant. Mr. Bagato said that the time to try and get the Subcommittee together with both Planning Commission and ARC would be a bit challenging. Also, he might have to look at doing some kind of moratorium on signs, because if the news is out that they are going to regulate the signs at the freeway, they could have people applying for every business along the freeway right now and ask for approval under the current code. Commissioner Schmidt said a moratorium would be fine. Mr. Bagato would recommend a moratorium then, at least for signs facing the freeway. Also, technically, commercial real estate signs right now are out of compliance. They weren't addressing them until the ordinance was updated. Commissioner Limont asked for clarification on why they weren't addressing them if they are out of compliance. Mr. Bagato explained that they went to City Council and stated that our current codes are too restrictive and outdated, and the Council said work with staff and the Subcommittee. As long as they aren't too offensive or too cluttered, they have allowed them to remain, even if they don't meet the current code. But if there were ones staff thought were a problem or created a safety hazard, too big or too cluttered, they have been asked to redo them. So they have done that, but they can have a 4-foot by 6-foot out there that doesn't meet the current code because they don't want to enforce something right now that is at three square feet. Commissioner Campbell agreed with Commissioner DeLuna. She thought that staff did a good job on this and covered quite a bit of the laws or requirements needed for signage. She thought the pictures were very helpful and made it more understandable. There was a Signage Subcommittee to discuss all of this with staff, and staff said that they may have other people applying. Were they going to make them stop until they put it into law? That would stop it, and people would have to come in front of Planning or staff to get their signage approved. 9 , � �� . MINUTES � PALM DESERT PLANNING COMMISSION MAY 5. 2009 Commissioner Schmidt said she would express some of her concerns. She did not see much about enforcement in the ordinance. It referred to 8.20.020. She thought that needed to be beefed up. Mr. Bagato explained that the enforcement section basically referred to our municipal code section for all enforcement; Code Enforcement has the ability to go out and enforce, cite, and take legal action. So it was just referring back to Chapter 8 of our Municipal Code. He didn't include it because it's already how we do business today. Commissioner Schmidt said she pulled all of that out and was aware of it. Commissioner Schmidt noted that it also didn't speak to the removal of non-conforming signs really specifically that she could find. She thought that if they were going to make changes, they really needed to make it very clear, as Mr. Bagato said the other was not, and there didn't seem to be anything that she could see except the word neighborhood somewhere that relates to how some of these signs impact existing residential communities, and there was a lot of bare ground between the freeway and EI Paseo, a lot of which is for residential use and commercial use. She didn't see that in the ordinance. Mr. Bagato explained that the tables are broken down between the zones. Typically there weren't signs in a residential zone. Commissioner Schmidt understood that, but asked about residential zones adjacent to a large commercial center. There was nothing in there to address the woman who has spent her life savings, or a couple in their dream home, and suddenly they're facing a Kohl's sign. Mr. Bagato said that was correct. It was difficult to address signs for every possible scenario in the city. They would apply the same standards today, and they do have a section in the code, and the general purpose is that signs in the city are intended for identification purposes and not advertising. There were very clear goals describing that: to eliminate clutter and promote architectural compatibility within existing neighborhoods. For example, when Kohl's went through their signage, it was next to a residential property in the back (Falling Waters). He took that to Architectural Review and recommended non-illumination just based on that fact. So staff does look at signs in context of the surrounding property, it was just hard to draft every single possible scenario in a code to do that, so they have the ultimate clause, which is architectural compatibility with the building, as well as the neighborhood. He felt with Palm Desert staff and the Architectural Review Commission that they are prepared to handle those kinds of cases. Commissioner Limont asked if the Code Department, and Mr. Ponder was here this evening, if they have had issues of any magnitude with regard to signs or through the architectural process, or do they pretty much nip it in the bud, so it was just a few here and there? Mr. Bagato said typically 10 . �, �_ MINUTES � � PALM DESERT PLANNING COMMISSION MAY 5. 2009 with code enforcement, people put up signs without a permit, and then the problem becomes, if it wasn't something staff would approve, they've already spent money on something that is difficult to approve or they won't approve it, but typically they haven't had too many complaints, or any that he was aware of, with signs facing residential zones. Commissioner Limont indicated that her biggest issue was with real estate signs in the medians that say open house. She thought real estate signs were supposed to be on private property, were for the residences for sale, that type of thing. She also agreed with Commissioner Schmidt; if we are going to redo this, let's make sure we are addressing these issues so that Code isn't getting yelled at from both sides. They are supposed to enforce this, yet we're giving them nothing to enforce. Mr. Bagato explained that signs aren't allowed in public rights-of-way. He thought what she might be talking about were enforcement issues, which would continue to be enforcement issues whether or not a new code is adopted, because the code says signs in the public right-of-way aren't allowed. People put open house signs in the medians and those are in violation. Those are problematic and will be enforced. Mr. Bagato reiterated that the code is how we're already operating in staff's opinion and didn't see it as a major change, except for what the Signage Subcommittee directed them to do. From staff's standpoint, it was to make it more user-friendly and easier to read. Commissioner Limont asked if the Code Department had input into the new sign ordinance. Mr. Bagato said yes: Code, City Attorney, and some sign companies that he deals with on a daily basis because he was also concerned about the business community too and wanted to do something user-friendly, and wanted to make sure they agreed with it. Best Signs and Sign-A-Rama both reviewed it. He worked on it quite a bit to try to make sure he was doing his best to serve what City Council wanted, as well as the business community and what staff already does today. From an enforcement perspective, Ms. Aylaian added that they intentionally do not go through all the enforcement in Title 25. They refer back to Title 8, because what happens is over the years, they want to say what they have to say once and say it correctly. If they say it multiple places and go through and modify it piecemeal over the years, they pick up the change they want to make in one section, but not in another, and then they contradict each other. So the intent generally is to refer back to Title 8, which is where they address public nuisances and abatement procedures and the processes available for enforcement, not just of Title 25, but of the other titles as well. They want to refer everything back to that area so that if they want to change how things are enforced, they would change it in 11 �. �_ MINUTES COMMISSION MAY 5. 2009 one place and it doesn't build in inconsistencies in the code. That was a very deliberate decision to not address great detail of the enforcement. In fact, the only thing they put in there that was different from other places and that was the charge of double fees for signs erected without getting permits in advance. But generally, they wanted to steer them back to our code enforcement process, which is covered elsewhere. Mr. Bagato noted that sign removal was addressed on page 36 of the draft resolution; they have a section for lawful non-conforming signs to be rernoved. Basically 25.68.120 addresses all the non-conforming sign issues and it was reviewed by Code Enforcement and the City Attorney. Staff worked with a sign consultant who has written hundreds of codes, so this was recommended by them, as well as Code Enforcement, to be more compatible with our standards in Chapter 8. Commissioner Schmidt said that was why she would like more time with this. She could understand from a staff point of view that they would want to make it user-friendly. The way she believed the Commission should look at it is to look at it is as it applies to the city overall and everyone who lives in or does business in it. From that perspective, she had to look at it differently. She wanted to make very certain that they don't let the horse out of the barn because they hurried with it. She thought a great deal of work has gone into it and that it was close, but it wasn't final or ready at this point. She thought they owed it to the city who they serve to take an extra day, even if it was complicated to arrange, she would be available, and go over some of these things. She didn't like it being pushed. She thanked him for giving them the document two weeks ago, that was very helpful, but that was the first time she has seen that document and she spent a great many hours on it since then and she was still not happy. She asked Mr. Bagato to give her a good example of a creative sign. That was new to the code as she understood it. Mr. Bagato showed an example of a sign that was reviewed by ARC for the Wachovia building on Highway 111 at Monterey. It didn't get built as proposed with signage on the architectural projection, but with the right building design, staff and the Architectural Review Commission believed that these types of signs could be allowed to fit a building design, but under the current code it wouldn't be allowed. This would be a case of making specific findings if they felt it was compatible under the creative sign program and could be approved. The current code doesn't address signs on an architectural projection. He noted that it was hard to write a code to address every possible scenario, so this was their way of being able to look at something unique or creative. They didn't want to give away the farm, but wanted to be able to allow signs that if designed correctly and are creatively unique, but don't meet 12 . �`� � � MINUTES � � PALM DESERT PLANNING COMMISSION MAY 5. 2009 our code, they want to be able to present specific findings to approve it. One of the City Council members on the Subcommittee was also a little concerned with this section, and staff made it clear that any sign for maybe the first couple of years would go to the City Council so that it wasn't just ARC making these decisions. Commissioner Schmidt reiterated that the Director of Community Development would provide criteria for the creative sign program. If an applicant wanted to go that way, then it would go before Architectural Review and they would pass it or not pass it. If they didn't pass it, it would go straight to Council. Mr. Bagato said it would only go to City Council if the applicant filed an appeal. Commissioner Schmidt noted that it would not come back to the Planning Commission. Mr. Bagato indicated that ARC is the review authority for signage, and City Council the ultimate appealable decision maker. Signs generally don't go before Planning Commission. The only time they might see them is on new development; they were now requiring that signage location be identified as part of the project. That was the only time they would really see them. Today they only see them was if someone was requesting a variance and that would come to the Planning Commission. Otherwise, today Planning Commission would not see signs, and that would remain the same. There were specific findings in Section 68.110 on page 34. So there were three different findings and a bunch of criteria that staff would have to find and ARC would have to agree with those findings. Commissioner Schmidt noted it wasn't as subjective as it sounded. Mr. Bagato agreed, and thought it was pretty specific. Commissioner Limont thought it was interesting that Commissioner Schmidt brought up that issue, because that was the one she circled and said no. They review height, and architecture, and disagree. They have had some pretty good discussions about extending and allowing people to go above the height limitations for architectural reasons or not, and to her this was too loose; just that one section. And she agreed, staff has done a great job and she went over this as best she could. She didn't disagree that a study session would be helpful. She didn't know if it was appropriate, but one of her thoughts was if they sat down with staff, because Council has met on this, Code has met on this, staff has been on it, and they've had a lot of players on it. But the only problem she had was with "C". Commissioner SchmidYs main concern was that they don't encourage variances, which is what typically comes before them with almost every building she has seen since she has been here. And this old sign ordinance is very restrictive and was written that way for a purpose: to 13 , � � MINUTES � pALM DESERT PLANNING COMMISSION MAY 5. 2009 discourage big signage in this city. So she didn't want them to step off the cliff and open Pandora's Box for variances. And when it doesn't come to the Planning Commission, it becomes/remains a vehicle of Architectural control, and quite honestly, she has seen advance in buildings and building color that she wondered about. That is their duty and they do it very well, but she just wanted to make sure that they weren't just making this more staff friendly and opening it up to things they don't want in the city. There was so much undeveloped in the city, and she has seen this in her experience where they think it's right and that it's good, but as the city develops, they realize there is a roadway full of signs and that was not the intent of this ordinance. Mr. Bagato said that was the section added by staff, so they could recommend moving it forward without that section being endorsed by the Planning Commission, if that was the decision of the whole. He couldn't speak for future staff members, but the intent wasn't to build bigger signs; the whole intent of the ordinance is to address them for identification purposes and make sure they are architecturally compatible with the building. He thought if they looked at some of the signs throughout the city today, that's the process. If they know sign companies, they are pretty grueling with them already on what they can have. He knew his intent was not to allow someone to have bigger, much bigger, or a brighter sign. In the last week, Commissioner Schmidt said she drove the entire city, street by street in the commercial sectors, drove Indian Wells, La Quinta, Cathedral City, and Palm Springs. She was very impressed with Palm Desert, in particular for its size and it's attendance to keeping things calm, cool and collected. She was not criticizing; she was just saying take the time to do this thoroughly and right. There had been so much time put in on it there was very little in her mind that needed to be added, but she was not comfortable voting this through tonight. The motion was that they continue this to either the next or the following regular meeting of the Planning Commission, and as soon as possible, the Commission, with at least staff, go over this a little more thoroughly and anyone who wishes to sit in on that should be welcomed and invited: the Committee, Council, ARC, anybody. Commissioner Limont thought they should do it as soon as possible with a moratorium on signs in the interim, because it was only fair to staff and people getting their businesses going that they do this as quickly as possible. Commissioner Schmidt didn't know if she would have the authority to move for a moratorium on signage, but she would certainly move for a continuance. Commissioner Limont said for their education with staff, and then put it on the next one. Mr. Bagato asked if they wanted an "agendized" study session, or if they wanted to meet with him one on one. If it was for everyone, the Brown Act 14 � � . MINUTES DESERT PLANNING COMMISSION MAY 5. 2009 required that an agenda be published at least 72 hours prior, and to invite others, they would have to publish it as well. It was a little more difficult to try to have everyone involved. Commissioner Limont asked if they could just have a study session for Planning Commission and have it in the little conference room. Mr. Bagato said yes. Ms. Aylaian noted that she hadn't heard if everyone was interested in a study session or not; staff was always available to meet one on one either to go over it or go out in the field and look at examples and answer specific questions. If the majority of the Commission was interested in a study session, they would set that up. Two things she would add is one, if they were looking to broaden that to involve other parties, the ordinance has already been through the Architectural Review Commission and they were done with it. If they were asking the City Council to set up a study session to go over it, their calendar is pretty full, so that would project out the time that it would take. If they wanted to keep it just for the Planning Commission, it could probably be a quicker date. She also urged not to look at any moratorium because she thought that would do irreparable damage to the business community. Staff processes signs every day and to stop businesses that are trying to upgrade or to open from being able to process new sign applications she thought would be a disservice to the community. For anyone presently trying to process their signage, Commissioner Schmidt asked if they would be free to continue as long as it complied with the existing ordinance. Mr. Bagato said that was correct. Commissioner Limont noted that the freeway is a big issue. Chairperson Tanner reiterated that it had been proposed to do a study session with staff. He asked if they could open it up to individuals from ARC without inviting them. Ms. Aylaian explained that study sessions are open to the public, so anybody that was interested could attend. Chairperson Tanner said he was all in favor of having a study session. He too was rather uncomfortable. They were presented with freeway signs which years ago were not present in Palm Desert. They were also concerned now with real estate signs, no vacancy signs, and leasing signs. They were all very important to the City of Palm Desert, and as far as he was concerned, he didn't think he had enough information even in front of him, and there was no question that staff did a great job. The sign committee that was part of ARC to get this to this point, He also encouraged the Signage Subcommittee to be part of the study session. He was in favor of doing that and was in favor of doing that prior to the next meeting so this matter could come back to them within a two-week period of time. He also encouraged an open discussion at that meeting. 15 MINUTES � �� DESERT PLANNING COMMISSION MAY 5. 2009 Chairperson Tanner asked if there were any other questions of staff, then o ened the public hearing and asked if anyone wished to speak in FAVOR of or in OPPOSITION to, the public hearing. MR. DICK BAXLEY, Baxley Properties at 73-712 Alessandro in Palm Desert, informed the Planning Commission that he is a member of the Signage Subcommittee. He said they worked hard and there was a lot of variety of opinions. He thought 99% of what was in front of them was agreeable to everyone, including the real estate signs. But that was not his purpose for being at the meeting. He was a prime violator and those signs would be fixed. What he was very concerned about were the freeway signs and the freeway visibility when cars are going by at 70 or 80 mph. He strongly disagreed that it was for identification only. The signs were not readable and those poor people who have buildings out there that are empty or barely filled up, they need better visibility on the freeway. And that was his only concern, the freeway visibility, not bothering the neighbors, not hitting the city streets, but freeway visibility. A 12-inch sign on the small buildings was not adequate for any kind of visibility at all, and he believed they should be lighted. He also thought that could be done tastefully. He understood the City's concern about what other places look like, but we are nowhere close to that, but he thought a little bit bigger and lighted would go a great deal toward helping those businesses be successful in an incredibly difficult timeframe. Those were his comments and he thanked them for their time. There was no one else wishing to speak. Chairperson Tanner closed the public hearing and opened the discussion for Commission comments. Commissioner Limont said her only issue was with "C", which she felt gave too much of a free hand. In going over, studying and reading what they were provided by the Planning Department, and she agreed with her fellow Commissioners that they did a great job. She also agreed with the changes that need to be made out on the freeway, with cleaning up the real estate signs, and she had no problem with the Spinello signs or the Prime Choice signs--she thought they were elegant, and real estate signs. But also, she wanted to make sure this Commission was in favor of it, so if they needed a study period, she was all for it and would make time. Commissioner Campbell stated that she wouldn't be available for the study session, but the other Commissioners could get together and that was fine with her. 16 t ��.R.. ��.,... MINUTES pALM DESERT PLANNING COMMISSION MAY 5. 2009 Chairperson Tanner reopened the public hearing and asked for a motion. Commissioner Schmidt restated her motion to continue the public hearing to May 19, 2009 and convene a public study session on the proposed sign ordinance to allow for the Commission to finalize their questions_ and concerns. Ms. Aylaian suggested Tuesday, May 12, at 6:00 p.m. in the Administrative Conference Room. Commission concurred. Commissioner Limont seconded the motion. Commissioner Schmidt asked if it was possible to invite everyone who has been concerned to that public meeting. Ms. Aylaian said staff would extend the invitation to everyone that was involved in the Signage Subcommittee, although in the past they would generally need three or four weeks to get the schedules to mesh. She understood that the Commission would like to hear this at their next meeting, and they would schedule it, invite people, and hope for the best. Action: It was moved by Commissioner Schmidt, seconded by Commissioner Limont, continuing Case No. ZOA 09-104 to May 19, 2009 and scheduling a study session on May 12, 2009 at 6:00 p.m. Motion carried 5-0. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None. B. LANDSCAPE COMMITTEE None. C. PARKS & RECREATION Chairperson Tanner reported on the issues that were discussed. D. PROJECT AREA 4 COMMITTEE None. 17 � �c � `" ` os�os/°� �� -----Original Message----- From: InformationMail Sent: Tuesday, May 05, 2009 7:51 AM To: InformationMail Subject: Contact Us Submission Submission information ----------------------------------------- Submitter DB ID : 645 Submitter's language : Default language IP address : 66.74.2.232 Time to take the survey : 20 min. , 3 sec. Submission recorded on : 5/5/2009 7:51:02 AM Survey answers ----------------------------------------- Your Contact Information First name: * ]ohn Last name: * Dockery E-mail Address: * jtdockerv@gmail.com Address line 1 32 Merill Dr Address line 2 Not answered City Palm Desert State CA Zip code: * 92260 Phone number 346-1096 I Am a: Palm Desert Business Owner [x] Palm Desert Resident [x] Comments: Planning dept hearing on Muni Code Sec 25.68 Signs. re Sign Walkers. I DO NOT support the BAN, however I DO SUPPORT, requiring permits/fees, and a 60 day maximum usage. I am currently a marketing/advertising company that handles Retirement Sales, Going Out of Business sales, (legitmate ones). These sales occur mainly for local businesses, that for various reasons, age, no family to continue business, health, deaths, economics preventing continuation. Sign Walkers have become the #1 successful advertising media and critical to the sales success. We hire, through Labor Ready, and similiar temp agencies, LOCAL folks, who need part/full time work, 4-6 people for 60 days, who HAVE WORKERS COMP, through the agency, TAXES with held, and spend the money LOCALLY. These sales typically generate HUGE SALES TAX REVENUE (1-2 years gross sales) in 60 days time. I respectfully request your consideration to LOCAL businesses that have provided jobs and TAX REVENUE for years, exit with their dignity and cash for RETIREMENT. Thank you, John Dockery,lSD Advertising and Consulting, Palm Desert, MINUTES PALM DESERT PLANNING COMMISSION MAY 19 2009 There were no other comments or discussion. Chairperson Tanner called for the vote. Motion carried 4-1 (Commissioner Schmidt voted no). Commissioner Schmidt explained that she was not really happy that construction was commenced and still ongoing before the proper permits. She felt that this should be continued until things are properly done and i's are doted and T's are crossed. So her vote was no. It was also moved by Commissioner Campbell, seconded by Commissioner Limont, adopting the findings and Planning Commission Resolution No. 2502, approving Case No. CUP 09-174, subject to conditions. Motion carried 4-1 (Commissioner Schmidt voted no). ��r. D. Case No. ZOA 09-104— CITY OF PALM DESERT, Applicant (Continued from May 5, 2009) Request for a recommendation of approval to the City Council of a zoning ordinance amendment updating and revising Palm Desert Municipal Code Section 25.68, Signs. Mr. Bagato noted that there was a study session on May 12. Basically, his presentation would highlight those provisions, the changes since that study session, as well as the previous discussion issues on May 5. He noted that several pages indicated in red were included in the Commission's packets. The red lettering indicated either new words or strikethroughs for removals. They were modified words and sentences to clarify portions of the code for better understanding and clearer purpose. Secondly, they reviewed signage and proposed 16-inch high letters maximum for freeway fronting signs, depending on the overall length of the sign. He included a drawing demonstrating the difference befinreen the 12-inch and 16-inch high letters. Staff felt that 16 inches would be appropriate as a maximum, depending on the name size and could be designed without clutter. The last option was the Creative Sign Program. There was some discussion about amending some of the wording so that they weren't necessarily encouraging businesses to ask for exceptions or promoting it, and instead looking at it more as just criteria to allow the process if someone wanted to do it. There was also some discussion about eliminating it, so staff had two proposed actions. The first was to amend the more restrictive code, which again had limitations that Architectural Commission could only approve a sign that would be no more than 20% larger than what the code allows, and it also did not allow prohibited signs to be approved, so no one could ask for a billboard, a pole sign, or a neon- 18 MINUTES ESERT PLANNING COMMISSION MAY 19 2009 flashing sign as a creative sign because it was not allowed. But the new wording was added to be stricter and make it clear that it is just a process and was not encouraging it. Before them was his recommendation and that was that the Planning Commission, by minute motion, do three separate things in minute motion: approve the majority of the draft sign ordinance including the standards for real estate signs; secondly, approve the new standards for freeway signs with 16-inches being the maximum height as long as it isn't cluttered along the building; and the last option was approving the amended restrictive standards for creative signs or rernove it all together, and then adopt the resolution. Staff would revise the ordinance to fit into the motion. He asked for any questions. Commissioner Schmidt asked when Mr. Bagato said the Planning Commission draft, if he was referring to the redlined version. Mr. Bagato replied yes, the other pages that weren't included, plus the redlined version. Regarding non-illuminated signs facing the freeway, Commissioner Campbell commented that when going by at night, they really couldn't see whose business it is. She asked if all the letters were 16-inches and everybody had the same size and the same font, if they could all be illuminated the same. Instead of one blue, one red or one green, it if it was all neutral, and every single one was the same. Mr. Bagato said that could be a recommendation by the Planning Commission. The discussion of the Signage Subcommittee was that they didn't want to continue what was already happening, and the current illuminated signs were an issue. Staff's recommendation in response to that was to propose non-illuminated signs. Some of the Subcommittee members agreed, some didn't. The business community didn't agree. He also mentioned that Dick Baxley of Baxley Properties couldn't be at the meeting, but he did write a letter and requested that there be some kind of illumination and he although he preferred 16 over 12, he would like to see 20-inch high letters. Mr. Bagato thought that 20-inches could look pretty big and cluttered, so he wouldn't recommend 20. From staff's position in working with the Signage Subcommittee, non-illuminated was proposed; he could request maybe reverse channel, which appeared as a halo illumination and only back lighting. It would provide some illumination. To give some consistency, they could all be a white color. They could also potentially allow an exterior light fixture to light the wall as a solution. He thought the concern was having these different colored neon signs, and the problem when having federally trademarked signs, if it is red, they couldn't control that not lighting up red. Then the next one could be black with white background and it could appear cluttered. 19 MINUTES PALM DESERT PLANNING COMMISSION MAY 19 2009 Commissioner Campbell noted that the attorney's wording was to modify all signs facing the freeway and shall use a single color except for federally trademarked signs. Mr. Bagato said that was correct, but if they lit up, that color would light up differently, and that was their concern. As well, the Subcommittee didn't want too many of these different colored signs lighting up. Commissioner Schmidt asked if the Subcommittee studied rear-lighted signs. Mr. Bagato said no. Chairperson Tanner noted that when driving down the freeway, most of the back of the buildings are facing the interstate and are very well lit because of where they are. If they have gone out at night, just the parking lot illumination brings the signs out. Mr. Bagato noted that most buildings have wall scones on them that light up; they have parking lot lighting, so this isn't a pitch dark environment. Staff's position was if they have a sign up, then it at least serves as identification for someone driving around the back looking for deliveries or looking for the spot. It wasn't meant to advertise to the freeway. It's not pitch dark out there, so there was some illumination from parking lots as well as the building. Commissioner Limont indicated that was one of the discussions in the study group that signs are for identification, not for advertising. That was the key issue. As long as they were identifying the building, because the entrance is from Gerald Ford or Dinah Shore, that's where their signs are located. Regarding the difference in letter size from 12- to 16-inches, Commissioner DeLuna asked how far these buildings were from the freeway. Referring to his handout, Mr. Bagato said that was a general drawing; buildings could be up to their property line, but there was an 80- foot railroad easement. So there was 80 feet between any of these property lines to the freeway because of the railroad, and there might be other easements back there, but at least 80 feet away. Most have some kind of driveway at least 24-feet wide and some have parking that would be longer; so some of these buildings are 100 feet away. The drawing was of a typical 30-foot tall building with 20-feet wide multi-tenant spaces, which is what Closet Tailor was designed to. It is a 30-foot tall building with 20-foot wide spaces, so he based that design on what 12 inches would like. And that would be over 100 feet away from the freeway. Commissioner Schmidt noted that at the study session they talked about picking a font, or two or three, to recommend or require. She asked if anyone had looked at that, other than for a trademark. Mr. Bagato 20 MINUTES PALM DESERT PLANNING COMMISSION MAY 19. 2009 explained that for code purposes, he was reluctant to identify a specific font type. It would be subjective, but Architectural Review could look at it and stated that it should be a clean, clear letter font style because to identify one by code, if that one font ever disappeared or changed and it was in the ordinance, they would have to go back to City Council to change it. He thought it would be problematic in specifying specific font types. He said it should be clean, clear and not cluttered so even though it was subjective, it was still clear cut. Commissioner Schmidt reiterated that Architectural Review Commission would determine what they would like to see on the building, with those criteria. Mr. Bagato said that was correct. Because most of the cases for the smaller businesses, these were multi-tenant buildings. If a building has more than three tenants, they automatically have to do a sign program and that has to go to Architectural Review. At that time they would be able to piggy back off of the sign program to eliminate clutter and to look at these signs and basically make them more uniform in a similar font style for every tenant. So they basically have two ways of reviewing these multi- tenant signs. On page 36 on abandoned signs and removal, Commissioner Limont noted that they took out the word "immediately" and put in "within 30 days." She knew that they discussed this, but if it was an abandoned sign or non-conforming. Mr. Bagato indicated that with non-conforming, the language was going to be to get rid of that immediately. On page 35 he struck out that last sentence that was basically going to state that "...do not comply with this requirement shall be deemed lawful non-conforming signs." And then they get removed. Commissioner Limont noted that was under lawful. Mr. Bagato said that abandoned signs were a little more tricky because that meant they would have to be able to take 30 days to identify that the business is out of business and to notify the property owner that they have x amount of days to get that sign off the wall. So it was kind of a different issue. They needed time to investigate that the business is no longer there before issuing a notice to the property owner that the sign is abandoned because the business is gone. Commissioner Schmidt noted that it could be 120 days. Mr. Bagato confirmed that it would be 120 days on the abandoned signs. Commissioner Schmidt said she was happy with the draft ordinance as it incorporated her proposed changes. Chairperson Tanner asked if there were any more questions of staff. There were none. 21 MINUTES ERT PLANNING COMMISSION MAY 19 2009 Chairperson Tanner noted that the public hearing was oqen and asked if anyone wished to speak in FAVOR of or in OPPOSITION to the proposed amendments. There was no one and the public hearing was closed. Chairperson Tanner stated for the record that Commissioner Schmidt had some great suggestions and it appeared to him that she spent a great amount of time on this and her changes were incorporated into the new ordinance. They've had the same ordinance for quite some time and it was necessary to make some changes and he thanked Commissioner Schmidt for the time she spent on it and for coming to the study session last week and presenting them; job well done. He asked for a motion. Commissioner Schmidt asked about the Creative Sign program. Commissioner Limont stated that she wanted it removed. Chairperson Tanner asked if the proposed motions had to be done separately; Mr. Bagato said no, not if they all agreed on the Creative Sign portion. Staff's position was to keep the Creative Sign section, but two options were presented. Commissioner Limont stated that she was in favor of everything but the Creative Sign section. Chairperson Tanner stated that he was also in favor of everything but the Creative Sign section. He asked for a motion. Action: It was moved by Commissioner Limont, seconded by Commissioner DeLuna, by minute motion, approving: 1. The majority of the Draft Signage Ordinance, including the new standards for the Non-Residential Real Estate Signs; and 2. The new standards for Freeway Signs allowing a maximum of 16-inch letter height, depending on the overall length of a sign, instead of 12 inches, so long as it does not appear cluttered on the building as determined by the Director of Community Development; and 3. Removal of Section 25.68.110 for Creative Signs from the Draft Ordinance. Commissioner Schmidt asked for clarification on the motion. There were two options for Creative Signs. "A" was to approve the amended, more restrictive standards; and "B" removed the Creative Signs. Chairperson Tanner reiterated that the motion was to allow a maximum of 16-inch high, 22 MINUTES PALM DESERT PLANNING COMMISSION MAY 19. 2009 non-illuminated signs and removal of the Creative Signs from the Draft Ordinance. Chairperson Tanner noted that there was a motion and a second. Commissioner Schmidt asked for clarification that if they were in favor of the Creative Sign section as amended, then they would be voting no; and if they wanted the Creative Signs section totally removed, the vote would be yes. Chairperson Tanner concurred. He called for the vote. Motion carried 4-1 (Commissioner Schmidt voted no). It was moved by Commissioner Limont, seconded by Commissioner DeLuna, adopting the findings and Planning Commission Resolution No. 2503, recommending to City Council approval of Case No. ZOA 09-104 as amended by the minute motion. Motion carried 4-1 (Commissioner Schmidt voted no). Chairperson Tanner thanked staff and Commissioner Schmidt for all their hard work. IX. MISCELLANEOUS A. Discussion of Staff Report regarding Massage Establishments within Palm Desert. Mr. Swartz stated that per Commission's request, staff prepared a report outlining the number of massage establishments. They were broken down into two categories: independent stand-alone massage establishments, and massage establishments as a secondary use. He asked for any questions. Commissioner DeLuna stated that it was her understanding that there are 19 stand alone massage parlors currently in the city of Palm Desert. Mr. Swartz clarified that there are 19 approved massage establishments, 12 of them are stand alone, and 7 are a secondary use. Commissioner DeLuna explained that she was still concerned about the stand alone, not the ones located in other facilities, but the stand alone massage facilities. She indicated that per public record, there had been police activity in one recently and that only increased her concern about the safety, not only of the people who work in them, but the safety of the people who would frequent them. She didn't think Palm Desert needed to have the number of 23 �'� i �' � �- _:,i�r '' '✓�I- - r��-� ��s�.-c< �r, c��✓_ PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.S.C.C.P) 2009 J(1N 24 PN 3� 3�: STATE OF CALIFORNIA County of Riverside -------------------------------------------- I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen -------------------------------------------- years,and not a party to or interested in the ' above-entitled matter.I am the principal clerk of a I No 2ssa CITY O�AL OTICE RT printer of the,DESERT SUN PUBLISHING cAse No.zoa os��oa COMPANY a newspaper of general circulation, NOiICE OF INTENT TO ADOPT A 20N- printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by the PROJECT DESCRIPTION: Superior Court of the County of Riverside,State of The Cityof Palm Desed Commu�ity Development Department is,proposin a Zonm Ordin�nce California under the date of March 24,1988.Case Amendtnent for a compre�,ensive u te to Paim Number 191236;that the notice,of which the Desert Municipal Code Section 25. 8,Signs.Tne signage ordlnance is being uodated to reorgan- annexed is a printed copy(set in type not smaller ized reformat tne current ordinance,as wen as provides new sign standards for non-residential than non pariel,has been published in each regular real esTate signs-and signs facing the freeway. and entire issue of said newspaper and not in any Ppo,�ecr�ocnT�oN: � supplement thereof on the following dates,to wit: cay ot Paim oesert PUBLIC HEARING: June 14�h,2009 SAID public hearing will be held on Thursday, ---------------�------------------------------�----------- June 25,2009 at 4:OD p.m;in the C,ouncil Cham- ber at Ehe Palm Desert Civic Center,73 510 Fred Waring Drive, Palm Desert, Cal'rfornfa, at Which ------------------------------------------------ time and place all irrtaested persons are invited to ____________�_ attend and be heard.Written comments concem- ing all items covered by this public hearing notice All in the year 2009 shall be aCcepted up to the date of the headng.In- fortnation conceming the propoaed Zoning Ordi- nance AmendmeM is available for review in the Department of Communitv Develppment at the I certify(or declare)under penalty of perjury that the above address between the hours of&00 a.m. and 5:00 p.m.Monday through Friday.If you chal- foregoing is true and correct. len�e the proPOsed actions m court,you may be lim ed to raising only those issues you or some- one else raised at the public hearing described in Dated at Palm Sprines,California this---19`h,----day this nodce,or in written correspondence delivered to the City Council at,or prior to,the public hear- ing. of---------- June - ------------------------2009 RACHELLE D.KLASSEN,CiN Clerk City of Palm Desert,Cal'rfomia Publlahed:6/14/09 ignature i • -� -?r�u i]Il�� . _.,� -��, � .L'-�'�'�l��'EJ�:�; ��_�� [� �� CITY OF PALM DESERT I- �� '�� '�� J - - ~ - . � ,�.. DEPARTMENT OF COMMUNITY DEVELOPMENT � - � - -� � STAFF REPORT REQUEST: Approval of a Zoning Ordinance Amendmant updating and revising Palm Desert Municipal Code Sectian 25.fi8, Signs. SUBMITTED BY: Tony Bagato Principal Planner CASE NO: ZOA 09-104 DATE: June 25, 2009 CONTENTS: A. Draft Ordinance B. Exhibit"A", Draft Signage Ordinance Section 25.65 C. Legal Notice D. �ctober 1�, 2007 City Council Minutes E. August 28, 2008 City Council Minutes fior Desert Arches Sign Program F. December 11, 2008, City Council Minutes for CarPs Jr. Variance G. Architectural Re�iew Commission Notice of Action H. Planning Commission Approved Resolution l. Planning Commission Meeting Minutes, dated May 5 and May 19, 2009 Recommendation: Waive further reading and pass Ordinance No. 1190 to second reading. Executive Summary: Approvai of staff's recommendation will appro�e a Zoning Ordinance Amendment �pdating Palm Desert Municipal Code Saction 25.fi8, Signs. The current signage ordinance has not had a comprehensive update since the City of Palm Desert was first incorporated. The new signage ordinance will provide staff and the business community with a user-friendfy tool for designing and constructing new signs. The new ordir�ance also provides standards for current signage iss�es that have 3�een raised by the business community and members of the City Council. The proposed Zoning Ordinance Amendment has been reviewed by a 5�gnage Subcommittee. On April 14, 2009 the Architectural Review Commission recommended approval of the draft signage ordir�ance. On May 5, 2009, the draft signage ordinance was pr�sented to the Planning Commission. The Planning Commission was generally Staff Report ZOA 09-9 04 Page 2 of �4 June 25, 2009 in support of the signage ordinance, however, they wanted more time to discuss sam� of fhe details, freeway sigrtage and the Creative Sign section. On May 12, 2009, a st�ady session was held with three Planning Commissioners, staff and one person from the general public. Commissioner Schmidt prepared a letter with suggested changes to the ordinance that better clarified certain sections. Staff reviewed the suggesfec! changes, ancf incorporated a majority of the items into the draft ordinance. In addition, staff modifed the proposed development standards for freeway signs and the Creative Sign section based on the discussion at fhe study session. On May 19, 2009, staff presented the draft signage ordinance with the changes from the study sessian and the Planning Commission recommended approval of the draft signage ordir�ance without the Creative Sign section (4-1, Cammissioner Schmidt voting no). Commissioner Schmidt was in favor of a Creative Sign program. Staff is recammending that the City Councfl appro�e the signage ordinance with the Creative Sign program, with the understanding that this section does not allow the Architectural Review Commission or staff to approve any sign that is prohibited or more than 20% larger than what the ordinance allows. Discussion: I. BACKGROUND: The City's Zoning Ordinance was originally adopted in 1975 and many s�ctions, including the signage ordinance, have b�en modified piecemeal over the last 34 years. This has resul�ed in staff working with an outdated and inconsister�t document that guides our daily tas�cs and interactions with the business community. On Octaber 11, 2007, the City Council formed a Signage Subcommittee to address the needs af the business community for outdated stanc�ards for non-residential real estate signs. As the subcommittee was addressing non�residential r�al estafe signs, a proposed property owner of an industrialloffice complex along the north side of Gerald Ford Drive was requesting appro�al of signage facing Interstate-10. The City Council denied the signs that were focated abo�e the roll up doors, and in�ited the property owner to work with staff and the subcommittee to develop new signage standards for businesses wifh freeway frontage. On December 11, 2008, the Carl`s Jr. Variance request for an additional monument sign was presented to the City Council. The City Council was not wilfing to appro�e the variance and requested staff to consider amending the signage ordinance to allow larger retaif shopping centers additionaf monument signs. As part of the discussion, the City Council directed staff#o prepar� the new signage ordinance. Since that �ecember 11, 2008,meefing, staff has been working with t#�e Signage Subcommittee, the Architeckura! Review Commissian and Planning Comrnission to G:SPlanninglTony k3agatol5ignage OrdinancelCity Gouncil HearinglCity Council Staff Report 46-25-�9.doc Staff Report ZOA 09-104 Page 3 of 14 June 25, 2009 develop a new signage ordinance tha# is being presented today. The new signage � ordinance addresses the current signage issues that ha�e been brought up by the City Council, the Signage Subcommittee and staff. In additian, the new signage ordinance has been reorganized, reworded, and madified to include tables, graphics and images to illustrate the signage requirements in the current ordinance. T#�is staff report is written in such a way to highlight the important changes that staff is recommending in the new signage ordinance. Included in the report are photos and graphics to better illustrate the changes. Each section covers what the current signage ordinance allows, the reasons for the modificafior�, anc! the proposed changes to the ordinance. II. PROJECT �ESCRIPTION: The proposed Zoning Ordinance Amendment is a comprehensive update to Palm Desert Municipal Code Section 25.56, Signs. Th� following sign issues have been discussed by the City Council, Planning Cammission, Signage Subcomrrtittee, Architectural Review Commission, and staff. A. NON-RE5IDENTIAL REAL ESTATE S1GNS (REVISED): Current Code: The current signage ordinance states tY�at non-residential real estate signs are limited to one sign no larger than three square feet (18"x18") for buiidings with less than 200 feet of street frontage. If a business has more than 200 feet of frontage, 12 square feet(3'x4') is the maximum size allowed. Reasons for the Modification: Over the past two years, staff has seen an increase in non-residential real estate signs. Many of them were designed much larger than wf�at the current code allowed. The photos below illustrate the �arious types of signs that staff is working to address for noncompliance: G:1PlanninglTony BagatalSignage OrdinancelCity Council Hear€nglCity Council Staff Report 06-25-09.doc Staff Report ZOA 09-104 Page 4 of 14 June 25, 2Q09 , .. . r�._._ .� s�, '„�i� F:J � �. ' �� .'i�� E�`�' ''� +��Ff�., . � _ _ � �'+;; ��r��! . _ . . � ��'b��; ..��;,�+ .� u�,��.�+i.�� }C�� .�� .�� " � � � � �� G�� .. ��rne ��-��1�� f��'�`�� ,, } � �w�ifuqi_�,��R�Y �rii�uf�'i�=�'i�i,fF ��--� �� ' �4�`-'. ' �j: � .��f� . , ��^^� ��' . . F' � I �' ' vL-. �r�y.�� . .��''�� - #.,-R` R.��&p��r��.::;.'..'-1 +44;,t�'�y � .{{�{';�" ,r, '7� I,�„`'J " Y��'� �Li�.. rr'rP-. ..� ' � ' ' " � ' I ' � f�FfF�}r_ . "�ri:;.�f�yt"."�. '��r.'�.}T�„�r _ , . '��`��4 � . .SM1 ' �'~ �}. - . . �� .$' - � . �. 9.� -r:.,��-'.. ¢_ y,. . f}�� :,5, .- IIr+' . : 'S'+ � ]*�' �(r.� .y 4+�'4 �}�ra�~. , �ki;'s f . . �: . ' ,�� ,s�'�'� , �� .�f: •{�.. _.7'.'.'� � .r �+_- . I ' � .� }-�. � � v . �-,� t�-� , 5 ■ �._ �.. �� ' � � � F � r � � I � F�� ' i � •—=�� _� '�' � ��t��.'E �t?�f�? '� vr+nR�eon,r��,�c�,r�,��e;� .� � � '-�,,,�.:� Y.-� 4�� -��I�+4 � 1 a'� �k � .�� ' - ' � . � ; , .�r_ ��s; , � I , _;�titi' . G:1Planningl7ony Bagatol5fgnage OrdinancelCiiy Council HearinglCiry Council Staff Report 06-25-09.doc Staff Report Z�A 09�104 Page 5 of 14 June 25, 2009 - _�i_>�- �v"-`.- �,- -- ;� ��,;;;��,�}.-� x�,a�,�,,J . �h,4 - `.��• -r{� �.�' --'.t-�� Y� -� r .f,... I :,��-�� _ - 1 - =l �{. ��I 1:Y•��.',�� II i�i f. �� s �;r.' �J�}'� ��. . ._�� I I� Y � ++ ��*�� l� •��.�� I�lfii��±��9cs:�c.,� � �C��. 5'} ��Y I • I .�_ � ' � 51 + �7� ■ L . 1� ' � 8 �� F_,� i , ��r'�F _ _`,��. � � �� , ;; ��"��'�� `;,� ��, � F �.� �� T ' �� !� �I II , I I �i�� _ -.. ,��','; , '.'� ��i[�{�-}��y ��r W L ; '.1, • r' . fi`:�,.�. tr.., �+ y#'�y' 'T�� +Jy�I ti:a+£':r:;i+';r'�'� ''�+�F 4 �'�.'F��'f� � L }.IS.}1�l�f��yti .,�„-,.'Y#�� _ � �' � � fy� ,{�r -� 4�,i h� �'a'N.r� �� 7�f� " i�:� {}�3+ Y .�Se ..��tr�- �!-#- �ti ��„�r.' � ✓�:�.l��r��_ *, s'�_ r'Y..�.�1 ^+•' v€r - *L� �` '.�� a_ � -�i�i. ..w � �i�. A�_ �,��,� � T .�� 1 F � �r4 y��rr� �+-�� 4 ' �' ` � ; : � � ��s I��i „?� ,: 4�� I'k� �' '�iL�[1� � I, �.�`s !t4111��' �� ai��1'�, .�� , �� „ , � � .� . . f�.; y I' i # y # L�_ +�':��i�� . 4 V � V I� � +}{'� #��'.r.'JE'+�5.� S s }} .5'}' . '�' ��;' -:�+ �i'.�il�;Ll I.'1' k } - . .y�4',• —�.. .. i. �k„kl.i. [}]� k,l�.��]•. � �i ��I�;�I�� ,�� 'ilr 137!;1',AI,113��X� .;� ��. ��,� �'�"s]].l,�lE}liE, � I{�1�� , . . � �y� , . .- . _;_ . . � � - � -� �� f . — .� , ; : . . . � .. . '�, � � �. � � � ' . � . � " �.:ti:�"� . _.. �,r;;`��;�'.� �'i ;:�>.;. Ni�""' - � �'- .� ++,�:'",�r.r�,,,� Staff contacted the various commercial brokers to tell them #hat the signs were larger than wf-�at the signage ordinance allowed. After staff explain�d the current requirements, #he brokers stated tf�at three square feet for many businesses was toa small a�d the size req�airements needed to be char�ged. Mr. Dick Baxley, from Baxley Properties, spoke on behalf of many commercial realtors in front of the City Cauncil, and he stated that the current standards were outdated and that they needed to be rev�sed, Based on Mr. Baxley`s comments, the Signage Subcommittee was formed to discuss the reai estate G:1PlanninglTony BagatolSignage OrdinancelCity Council HearinglCity Council Staff Report 06-25-09.doa Staff Report ZOA 09-104 Page 6 of 14 June 25, 2009 signs within the city. The Signage Subcommittee was formed with two City � Cauncil members, Mr. Baxley, staff and other business community representatives. The Signage Subcommittee members reviewed many photos of real estate signs throughout the city. Much of the discussion focused on iflegai signs that were cluttered with "riders" and designec! with more thart ane sign �For a building. The riders are the "add-on" signs that extend outside of the main sign area and provide additional information specific to the site. Each photo abo�e has a rider added on to the main sign. After the discussion of the various types of signs, the Signage Subcommittee agreed that a 42 square foot (3'x4') size was apprapriate for the main sign, and tha# a 1'x4' rider couid be allowed. Spme ofi the subcammittee members objected to making custom signs with custom riders for each pro�erty that is advertised. There was discussion about allowing a 12 square foot sign with one rider that could be an add-on. A photo of this type of sigrt is illustrated below: ; •;±�'. y,.41� � � � . 4Y�.�•' "_� ,N..'� '��.-"h�ar,I1hL�"' - j:; f •.ti ,��'' '�1�{�+5'fi:.�'r �J��'�.r}.�#�'s �'�},i��4',.� .571�}r��i,l'�'^I,��'S+' ��til�� + . � }+ �: '?�v�k+r�� Yr''{" ` � '�' {#�'�j.'"�`�?�, ' �'F�• ��I ��,{�-"F� �.,'-f' �� t�'i��af� . . ''i'.. �Tkl+�#'��.�{�4�5C�y�, i, ;�. ��'h'�+h. +f7T , _ F �. , . ,!',4,�� ,`r�4',}.� � �� Jf+ �I,�S ' I i '+ � } '�' ''fi�tC w '�� ,'�,P'ti� �,��k�f�r,.E`�,�� * � : t F a�. ��;�.;*��' '�.r 1',�� h� 'r I�, �','P: ti'ti '}'�'' ,�i�.f+ 7 ': � _�,. r ''� te 1�r 1"� � � � � �S.G:i. • '��'�' .Y�� I ,'�"— ,��7 ,.�,�':.. � t ,� �,#i1,*,_Y l �' � ��p _ ' �L�7i f-i-Si_^'�'��'' .tii, "..� 15��`E�? ' 4ry�;�''��! �r�AN��Cv - — — #` � ��,.;:.�- �---�• '� ��- �� ` `��- �i�� ;: , - � -_ . ��'�� {w' — — -- —i��z �i *+' 1.4,��,�'� „ , .. ] ��.�� :.v�;��:; �4'�`��{�t^.:�~; ... .,.. ,-�.. �� . , r� t�n�;��^�� ,� .j "�.s ;�,Z�i�;�; �'r •�' .�.�••,.• �:: ,<�;'('y.'�� x��' �=i� � + I 1 .�_`i';� -`.•, .k_a ri • r�"�r,� �r�`�4';��',•�r��;i:t .�"4i�, r , ,,�,"'� � ��,{��G�'.�.p�r`,�,c��.�: , — ,� . .} ;;�1,� i�,y'�� .r..r'� � L, 4' �.iti�4 U�r'' J, � As shown in the pho#o above, several subcommittee members stated fhat the add-on rider cfutters the main sign and that the riders should be provided within the main area. The subcommittee members discussed al�owing a 4'x4' sign so that rider could within main sign area to eliminate clutter. G:1PlanninglTony BagafoVSignage OrdinancelCity Council HearingtiCity Council Staff Report 06-25-49.tloc Staff Report ZOA 09-104 Page 7 of 14 J�ne 25, 2009 New Code: � The new code standard described below is staff's recommendation described in Table III (page 34 of Draft Ordinance, attached) of the draft signage ordinance. • One two-sided sign per frontage; • Maximum size of 9 6 square feet; + 6 feet high Maximum; • No riders outside of the 16 square foot area; • Non-illuminated B. SIGNS FACING THE FREEWAY(NEW}: Current Code: The current signage orcfinance does not ha�e any specific startdards for businesses facing the Interstate 10 freeway. Alf signs facing the freeway that ha�e been installed to date were re�iewed and approved basecl on the general wail sign standards used for any business with street frontage. Reason for the Modifications: �n April 22, 2008, the Architectural Review Commission (ARC) approved a sign pragram for the property known as Desert Arches Center with a requirement that the signs facing the freeway be Iocated adjacent to the service doors. The applicant was requesting that the signs be approved abo�e the service doors for mare visibility. Several ARC members stated that they were disappainted with many of the signs that had been appro�ed along the freeway frontage, and they believed that the s�gns were causing �isual clutter from the freeway. The applicant appeaied the approval by the ARC and requested that the City Council approve the sign program with the business names located abo�e the service doors facing the freeway. On 5eptember 4, 2008, the City Cauncil denied the appeal and in�ited the property owner to join the Signage Subcommittee to address design standards far signs facing the freeway. The Signage Subcomm�ttee re�iewed photos of signs along the freeway in the city, as well as other cities in the San Be�nardino area. 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' F� N� �s s{.} �� !�� }_;�� . •�� ..�{5:.�(�K.ah�� y.:',. #`s :�'..f.•. `'` '1�r �'j1 l :i� .3� �.�+st'l�f.�!` �.7� �.^l{'�i, �4.sr� .,rk[:`.r'J' ,M1�r!T,� '.y„ f�•' ?'t. �'-'._., ' -�,� .'a:s-;_�'''.,''-''�'`'.:,�� .�, r,�'..�"': .� .� .j�.;}_ - ,.,;�,;�.., ; ,r :�"`��., .� �,F�� -�•'_ , _ .�'�� :.;:-.,;�;,r•.,{ _.�;*��.:�� .e �- � }-,. -:rt��.r ,�� i?: F�� . r ., s . s . f"�4'�'r�`-�.�L'-:. {/�yFr *��..L. '_�}^- i,. ' ' " ' . 'f}'' .+ . .i ., _ 'r''�".'.'3.r�.�.F- - S �a' � . - . , .. , _�.. _ ' . - . '. � �� . _1 ��.�.�,J�;-..'7�..�'fl,r.__,' M�- , �.r; .-�.�.- t _ ._:... t _ . �`- •r-��- .. :�.� _ 5 4""i�x . . , . � � .�Jti l.� tri:y�.i,'-�� ';r��'Y.;f}B�l-:?'r�}:��r. �:•��' �'l�r-_. � .f,�;.�-'f� n - :k. G:IPlanninglTony BagatalSignage OrdinancelCity Council FEearinglCity Council StaK Report 06-25-09.doc Staff Report ZOA 09-104 Page 10 of 14 June 25, 2009 _ ,. �` � c�u�kt �'�� ' — r►��b�_ _. $.�y ��t�]VI�{�{�!S �' �',b. .-. ' R �y _ ' . 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After reviewing the photos and discussion, the Sigr�age Subcommittee concluded that the existing sign for Closet Tailors was the type of sign that was acr,�ptable far businesses along the freeway. Staff researched the Closet Tailors sign and found that the letters were 12 inches high and non-illuminated. � � � � � � �� After researching the size of the signage for store fronts, staff recommended that two standards should be allowed: one standard for larger, stand alone buildings, and one standard for multi-tenant buildings. At the Signag� Subcommittee meetings, staff recommended a 50% reduction for single tenant �uildings (i.e. Costco) in size from the size of the sign that is allowed on the non-freeway facing side, and 12-inch letters for multi-tenant buildings, similar to the Closet Tailors sign above. All freeway signs would be non-illuminated. During the Planning Commission meeting, some of the Corr�missioners stat�d that 12-inches may be too small and requested staff ta study the possibility of allowing larger letters. Staff prepared an exhibit showing what a sign might look like if it was 16-inches instead of 12-iches and found that 16-iches can be the maximum al�owed and no#appear cluttered. GSPlanninglTony BagatolSignage OrdinancelCity Counc3l HearinglGity Council Staff Report 06-25-09.doc Staff Report ZOA 09-104 Page 11 of 14 June 25, 2009 Staff belie�es that the praposed modifications will address the sign clutter concerns of the City Council and �he Architectural Review Commission for businesses facing the freeway. The new code standard described below is staff's recammendation for signage facing the freeway. New Code: The proposed signage ordinance specifically addresses businesses facing the freeway to allow adequate signage for identification on site, while limiting the siz� to eliminate clutter and large signs facing the freeway. Th� proposed ordinar�ce will read as follows: Signs facing the freeway: Businesses located in buildings with one side facing the freeway shall be enfifled fo one sign on the freeway side of the building in addition to ofher allowed signs for the fronf of�he building, provided the freeway facing sign complies with th� fallowing requirements: 1. Signs for single tenanf buildings shal! �be limrfed to 50% of the total sign area allowed on the front of fhe building; 2. Signs for multi-tenant 6uildings, individua! business signs shall be limifed to a maximum of 96-inch high letfers; 3. All signs facing the freeway sha1l use a single color, except for federal frademark signs, and a clean lefter sfyle fonf; and 4. AII signs facing fhe freeway shall be non-illuminated individual Ieffers or Iogos. C. CREATIVE SIGN {NEVIf): Current Code. The current signage ordinance does not pro�ide staff, or the Architectura! Re�iew Commissian, with any flexibility in approving a unique sign that may not strictly comply with sections of the signage ordinance. New Code: Ta address unique or creative signs that may no# meet all the sectians of the signage ordinance, staff is recommending a new s�ction be addec� for a Crea#ive Sign Program. The purpose of the Creative Sigrt pracess is to pro�ide criteria far signs that are unique in their design approach and use of materials G:1NlanninglYony Bagakol5ignage OrdinancelCity Council HearinglCity Council Staff Repart 06-25-09.doc Staff Report ZOA 09-'!04 Page 12 of 14 June 25, 2009 and ta provide a review process for the application of sign regulatio�s and design crite�ia to creative signs. Appraval ot a Creative Sign may modify the standards pro�ided in this Chapter as to sign size, height, iflurnina#ion, numbe� of colors, location, orientation, or other aspects of signs within the �imits of this Section. Examples of a Creative Sign that may not meet our current standards are shown befow: — —, — � �r. � �� - � .��_-_��'"� � �� r � � : ,� �, � �• � . . 'i � J=rz-� iil +� • � ��' r'.y`� �:4._A. i. � � ��r . i: —�.�T' � . � � i� � '1 � f ' " �.i. I II N !� � i, � � r f � r � � -� � G:1PlanninglTony eagatolSignage QrdinancelCiry Council Hearing\City Council Staff Report 06-25-09.doc Staff Report ZOA 09-104 Page 13 of 14 June 25, 2009 t, f .�: ',x�`;'�, �i.��;;'';37�, k�"�� •�r� ..1.� �;.:. . �, � I I k � � ��t ��.".YY `,.5*'yy-t�r�� ;ti r,jy ,�, . � � . �i�i� t��, ry� ';?.�>.:.4:k��. � i77��..A !'.�'.�" ��''i �I�" 'I, �I `.. , #'��,.{{I f' '� 'r '{ i � "I ' , ,' .v••�t'ki,�r�f{. ;,'w—i.,,� �t ,_, i i �::�',�, '�Y�x_ -„Y,;+„��,�r;�� i �r y � ��°'' '}' , ��: ' ��;..,.�'� r .� I .F �� !��l ��i�7t. 7n��'.;'�t��r_ y `.'�� .., :r�L:; �`+ ;� k {�°'`' ;' ; :�_�.1� . � r} . .. ��4{ , .� � 4 }.� a {�. ,.; , : , .. 'I-i � '�..'.s -� , .. f5i. i� � �I;'i,�Y� xi� ' ��,�}'d� R��' '�� I.�t ,k+�.r.� ' � � � y5 ' .:+{` 5 �'�. !.� •ktiix �%�f ��+ ! 'k��k �+�� /`�`I . i � � �'.r �• . ' ��y� � .� f�'" �' , f ' � - ;}� ' .. �',+ '`ir� w. �� .� '��Ir I I� T}'�Iy I i I � I� { tii � —'�� j ',�� k ' ;�.-�i ti , � ''a ,' i � � ''h-� +' i . ��, ��i�e�.�':�T?. - �'� f��i�l � r ~� i I , 3 . . 'y�l�l � On May 19, 2009, the Planning Commission approved the Signage Ordinar�ce without the Creative Sign section because some of the Commissioners were concerned with allowing signs that do not comply with all the standards. However, the section is not an open appro�al for any type of sign due to the limits provision in 25.68.110. F. It states that #he approval of a creative sign cannot appro�e any prohibited sign iype, and any sign approved cannot be more than 20°/a larger than what the ordinance allows. It also requires that any creative signs be re�i�wed and approved by the Architectural Review Commission. Staff still believes that this section is needed and will pro�ide a ber�efit to the business community. D. USER-FRIENDLY ORDINANCE: The current signage ordinance has not had a comprehensive update since the City of Palm Desert was first incorporated. The signage ordinance has had piecemeaf updates since 'f 975, which has resulted in an inconsistent tooi for staff and the business community. For example, staff has been working with WestField's graphic designer to betfer �nderstand the ordinance. The graphic desigr�er stated #hat many sections of the current signage ordinance G:IPlanninglTony Bagatol5ignage OrdinancelCity Counc€i HearinglCity Council StafF Report 06-25-09.doc Staff Report ZOA 09-104 Page 14 of 14 June 25, 2009 are too wordy with unclear sentences and no graphics, charts andlor diagrams to illustrafe the requirements. The new ordinance has been reorganized, reworded, and refiormatted. Tables, graphics and photos of specific sigr�s have been added to illustrate the de�elopment standards. Staff beiieves that this new signage ordinance wifl provide a benefit to the business community by clearly identifying development standards, procedures, palicies and the overall goal for signage within the city of Palm Desert. Ill. ENVIRONMETAL REVIEW: The proposed Zoning Ordinance Amendment will modify current de�elopment standards for signs. The proposed ZOA will not result in a negative impact to the environment. Therefore, the project is exempt under the California En�ironmental Quality Act. IV. C�NCLUSiON: The new signage ordinance will pro�ide staff and the business community wi#h a user- friendly �ool for designing and constructing signs. The new ordinance also pro�ides standards for current signage issues that have �een raised by the business community and the City Cauncil. The proposed Zoning Ordinanc� Amendment has been reviewed by the Signage Subcommittee and approved by the Planning Camrnission, without the Creative Sign section, and Architectural Review Commission with the Creative Sign section. Submitted by: Depar�ment Head: �� Tony Bagata �Lauri Aylaian � Principal Planner Director of Community Development � Approval� � � �. � f ��_ f 4 .�.,'��` '��-- Homer Croy �_{Y ACM for D elopment Services Joh . ohlmuth Cit anager G:IPlanninglTony 8agatatSignsge OrdinancelCity Council HearinglCity Council Staff Report 06-25-09.doc ORDINANCE N0. 1'!90 AN ORDINANCE OF THE CITY CDUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT UPDATING AND REVISING PALM DESERT MUNICIPAL CODE SECTION 25.fi8. SIGNS. CASE NO: ZOA 09-1 Q4 WHEREAS, the City Councif adopted Ordinance No. 1190 on �une 25, 2009, updating and revising Paim Dese�t Municipal Code Section 25.65, Signs; an� WHEREAS, the Planning Commission by its Resolution No. 2503 has recommended approval o#ZOA 09-104; and WHEREAS, said request has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California En�ironmental Quafity Act", Resolution No. 06-78, the Director of Commur�ity De�elopment has det�rmined that #he project will not ha�e a negati�e impact on the en�ironment and is �xempt from CEQA; and WHEREAS, at said pubfic h�arings, said City Council heard and considereci al! t�sfimony and arg�aments of all inter�sted persons; and NOW, THEREFORE, BE IT ORDINANDED by the City Council of the Ciiy of Palm Desert, California, that the following section of the Palm Desert Municipal Code is hereby amended, as follows: SECTI�N 1: That PaEm Desert Municipal Cade Section 25.68 is herby amer�ded and rev�sed as described in Exhibit A, attached hereto. SECTION 2: That the City Clerk of the City of Palm Desert, California, is hereby direc#ed to publish this ordinance in the Desert Sun, a newspaper of general circulation, pubHshed and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30� days after its adoption. ORDINANCE NO. 1190 PASSED, APPROVED AND ADOPTED at a regufar meeting of the Palm Desert City Council, held on this day of , 2D�9, by fhe following vote, �o wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City ofi Palm Desert, Cafifomia � ORDINANCE NO. 1190 EXHIBIT A CHAPTER 25.68 - SiGNS 25.G8.010 — Intent and Purpose 25.fi8.024 —Applicability of Chapter 25.fi8.030 — Sign Permit ApplEcation and Design Review Required 25.fa8.040 -- Exemp# Signs 25.fi8.054 — Prohibited Signs 25.fi8.060 — General Pro�isions for all Signs 25.fi8,070 — Permanent Signs 25.fi8.080 — Standards for Specific Types of Permanent Signs 25.fi8.090 — Temporary Signs 25.fi8.100 — Comprehensi�e Sign Program 25.fi8.190 — Creative Signs 25.fi8.12Q — Nonconforming Signs 25.fi8.130 — Abandoned Signs 25.fi8.140 — Abatement of illegal Signs 25.fi8.150 — Penalties 25.fi8.160 — Definitions 25.68.010 — Intent and Purpose A. This Chapter is intended to implement the goals and policies of the general plan, particularly with regard ta de�eloping a city that is �isually attractive and preserving and er�hancing the �isual aspects of the city's streets, highways, �istas and view sheds. B. The purpose of this Chapter is to: 1. Pro�ide each sign user an opportuni�y for adequate identification while guarding against excessi�e ad��rtising and the confusing proliferation of signs by regulating the time, place, manner, and design quality under which signs may be displayed; 2. Er�sure signs are in harmony with the building, the neighborhood both existing commercial and residential or existing or proposed residenfiial communities and, other signs in the area by eliminating sign clutter and promoting compatibility, proportion, simplicity, design quality, ancf sign effecti�eness; and 3. Protect fhe safety of motorists and pedestrians by minimizing the distraction of excessive, intrusi�e signs, as well as to protect the life, health, property, and general welfare of r�sidents and �isitors. �, �. ORDINANCE NO. 1190 25.fi8.020 —Appficability of Chapter A. Signs allowed. The sign standards provided in this Chapter are intended to apply to all types of signs in all zoning districts in the ci#y, Only signs authorized by fihis Chapter shall be allowed. Signs erected illegally shall be abated in campliance with Section 25,68.140 (Abatement of Illegal Signs). B. New zoning district. If a new zoning district is created after the enactment af this Chapter, no signs shal! be allowed until this Chapter is amended to govern the new zoning district. C. Sign re�iew criteria. The sign review criteria specifiec! in Section 25.68.030. D (Design Review Criteria) shall be used by #he app�icable review authority during the design re�iew pracess to ensure that signs are well des�gned, compatible with their surroundings, anc! do not detract from the overall �isual quality of the city. D. Nonconforming signs. An existing legally permitted sign that does not conform to the requirements af this Chapter shall be deemed a lawfu� nonconforming sign and shall be subject to the requirements of Section 25.68.120 {Nonconforming Signs}. E. Official signs. Nothing contained in this Chapter shall prevent the installation, .construction, or maintenance of official traffic, fire, or police signs, temporary traffic-control signs used during construction and maintenance of utility facilities, and substructure location ar�d identification signs required to protect these facilities, d��ices, and markings of the state Department of Trar�sportation, Director of Community Development, City Council, or of other competent public authorities, or the posting of the notices required by law. 25.68A30 — Sign Permit Application and Design Review Required A. Sign permit application. It is unlawful for any person to place, alfier, or fio permit the plac�ment or alteration of a sign, including painted signs upon any proper#y without first obtaining an appro�ed sign permit application from the Department of Community De�elopment. Signs that are exempt from this requirement are listed in Section 25.68.040 (Exempt Signs). B. Application contents. Applicatior�s for sign permits shall be made on a fiorm pro�ided by the D�partment of Community De�elopment and shall be accompanied by a fee as established �y Cifiy Council resolution. The application shall prov�de the information and material specified in the Department's handaut for a s�gn permit application. The a�plicanf shall also pro�ide a signed statement from fhe property owner or aufhorized representati�e that the owner or representative has re�iewed the � ORDINANCE NO. 1190 proposed sign(s) and appraves of the proposed sign(s) and their location prior to submittal of the sign permit application to the City. C. Design review required. The following sign types and sign programs shall be submitted to #he Architectural Re�iew Commissio� for ap�ro�ai prior to appro�al of a sign permit applicatior�: 1. Freestanding signs {monument signs), 2. Comprehensi�e sign programs in compliance with Section 25.68.100; 3. Creafiive signs in compliance with Section 25.68.1'!0; 4 Indi�idua! signs for any building with more than 100 lineal feet of buildirtg frontage facing a public or pri�ate right of way; and 5. Any sign that the Directar of Community Development determines should be reviewed by the Architectural Re�iew Commission due to the unique design, context, color, size, shape, location, or circumstance of the sign. D. Sign review criteria. In appro�ing or rejecting a sign permit application, the reviewing authority shall consider the design review criteria pro�ided below. The design criteria shall not be construed or applied in a manner as to violate any legal rights bestowed by state or federal law. The reviewing authority shall find: 1. That the sign is necessary fior the appficant's enjoyment ofi substantial trade and property rights; 2. That the sign is consistent with the intertt and purpose of this Chapter and Tifile; 3. Tha# the sign does not constitute a detriment to public health, safety and welfare; 4. That the size, shape, color, height, and placement of the sign is compafiible with and will ha�e a harmonious relationship to the building it identifies, the surrounding neighborhoods, and ather signs in the area; 5. That both the location of the proposed sign and the design of its visual elements (lettering, words, figures, calors, decorati�e motifs, spacing, and proportions) are legible under normal viewing conditions prevailing where the sign is to be located; 6. That the location, height, and design af the proposed sign does r�ot obscure from view or unduly detract from exisfing or adjacent signs; � ORDINANCE NO. 1190 7. That #he location and design of the proposed sign, its size, shape, illum�nation, and color are compatible with the �isual characteristics of the surrounding area so as not to detract from or cause depreciation of the �alue of adjacent develaped properties; � 8. That the location and design of a proposed sign in close proximity to a residential district does not ad�ersely affect the �alue or character of the adjacent residential uses; 9. That any neon tubing used in conjunction with an open pan channel sign is i�corporated as an integ�-al part of the sign design with careful attention to color, intensity af light, and the use of colors that are not a�erly bright ; and 'i 0. That fihe quantity of information dispfayed in the sign does not cause �isual clutter. 25.68.040 - Exempt Signs The following signs, if not illuminated, shall be allowed in residential, commercial, and industria� zoning districts without a sign permit applicafiion subject to any specific limitations pro�ided below: A. Non-residential only; one iclentification sign not exce�ding ane square #oot in area displaying only the name and address af the owner or occupan# and/or hours of business operation; B. Temporary signs in compliance with Sec#ion 25.68.090 (Temporary Signs) except specia� even# banners and new business establishment identificatian signs in compliance with Section 25.68.090; C. Signs inside a building set back five feet or mare from a window and not readily �isible from public right of way; D. Directional or safety signs provided that signs do not exceed three square feet per face; E. Official emblems or flags of nonprofit organizations; F. Religious, charitable, educational, or cultu�al posters not exceeding 1fi square feet in area and not displayed for a period greater fihan 30 days; G. A no-trespassing or no-dumping sign not exceeding #hre� square feet shall be permitted for each property in addition �o other authorize� signs; H. Governmenfal or other legally required posters, notices, or signs; � ORDINANCE NO. 1190 I. Poli#icai signs in compliance with the provisions of Subsection 25.68.090 C; J. Directional and public convenience signs for public and quasi public uses. The � total number of signs allowed shalf be based on the minimum number necessary for adequate public identification as determined by the Director of Communi#y Development; K. Utility or tefephone pay station signs; L. Bingo signs, pro�ided that said signs shall not exceed a maximum three square foot in area; not ir�stalled more fihan 48 hours before the e�ent; and removed immediately fiollowing the e�ent; M. Rottery signs for a business licensed to sell California State Lottery tickets shalf be entitled to one window or door mounted lo#tery decal five and one-half inches by fi�e and one-half inches and no more than one specific identification poster not to exceed 7 square feet; and N. "Open" signs, either mounted an the inside of a window or on a pedestal near the main entrance if a window sign is �ot used. Maximum sign area shalf be #hree square feet. Signs may be double sided. Pedestal signs shall be located on pri�ate property and shall not in#erfere wifh ped�strian mo�ement. Signs shall no# flash, mo�e, blink, ro#ate, or appear to do any of the foregoing. 25.68.050 — Prohibited Signs The following signs, displays, and devices, as defined in Sect+on 25.68.1fi0, are prahibited in the ci#y: A. Ad�ertising de�ices; B. Awnings #hat are back-lit (internally illumir�ated) so that the awning radiates light; C. Business and identification signs that mention more �han two goods or services sold or available on the premises; D. Cabinet or can signs #hat are internally ilfuminated with translucent panels that allow the entire sign background to be illuminated. Signs with internal illumination are permitted onfy if the sign background is opaque and the only portian of the sign that appears illuminated is the lettering andlor a regist�red trademark or logo; E. Electronic changeable copy signs, F. Commercial mascots; f ORDINANCE NO. 1190 G. Neon signs, except "open° signs placed in windows and neon tubing used in canjunction with open pan channel signs; H. Off-site outdoor advertising signs (billboards); � f. Pole signs; �f. Roof signs; K. Signs that rotate, move, flash, blink, or appear to do any of the foregoing with t�e exception of approved time and temperature displays; L. Signs on public property, in the public right-af-way, or on public utility poles unless otherwise au#horized by this Chapter. Signs shall include, buf not be limited to, realtor, open house, and garage sale signs. This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle identification signs, and permitted signs on taxicabs; M. Signs that do not identify a current use on the premises, name o# the owner or user, or that do not promate a product, an interest, service, or entertainment a�ailable on the premise. Signs shall not ad�ertise a business, accommoc�ation, service, or activity not pro�ided on the premises o� which the sign is locafed; N. Signs located in a manner that the sign or a partion of the sign or sign supports interfere with the free use of a fire escape, exit or standpipe, or obstruct a required door, stairway, ventilator, window, or public way or are otherwise hazardous; O. Signs that imitate an official traffic sign or signal, or contain the words "stop," "go," "slow," "caution," "danger," "warning," or similar words, excepting construction signs and barricades, and except when the wards are incorporated in �he permanent name of a business; P. Temporary or portable fr�estanding signs, inciuding A-f�-ame and similar types of portable signs, except as otherwise pro�ided in this Chapter; and Q. Vehicle signs. 25.68.(160 — General Pro�isions for all Signs A. Compliance required, No person shall erecfi, re-erect, construct, enlarge, alter, change copy, repair, move, impro�e, remo�e, convert, or equip any sign or sign structure in the city, or cause or permit the same ta b� done, contrary to or in vialation of any of the provisions of this Chapter. � ORDINANCE NO. 1190 B. U►�certainty of Chapter pro�isions. The Architectural Review Commission shall have #he authority to interpret the pro�isians of th�s Chapter at the request of the Director of Community Development, or when an appeal of a decision af the Director is filed with the Architectural Review Commission. � C. Sign integration requirement. All signs shall be designed as an integral part af the o�erall building design and shall be located ir� a manner consistent with the building's design. D. Sign construction. Signs that are not temporary signs shall be constructed of permanent materials, including but not limited to metal, wood, acrylic, or other comparable durable weatherproof materials. E. Sign area computation. 1. The area of a sign shall be measured within a single confiinuous perimeter of not more than eight straighfi lines enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, tagether with any ma#eriaf or cofor forming an integral part of the display ar used #o differentiate the sign from the background against which it is placed. �� s��w�, - -, ;��i��S, � � � , , � �C`l�a►�_�irs�� y ��- - .� Lettering With No Sign Board Leftering With IVa Sign Board �r �.......�..`�.;��i � J C� Slgn V1�idlh i� �� +� O�dd5�.�ae F� � .� ! �� '� � i� � � � �' �- �� i �' ��_. i �. �� i . � �" """'�'"""",' Lettering With Sign Board 1�~-"-~'-~�~~-'y1 2. In the case of a sign designed with more than one exterior surface (e.g., two sides}, the area shall be computecf as inciuding only the maximum single dispfay surface that is visibfe from any �round position at one time. 3. The supparts, uprights, or structure on which any sign is supported shall not be included in determining the sign area unless the supports, uprights, � �RDINANCE NO. 1190 or structures are designed in a manner as to form an infiegral bacfcground of fihe display. F. Sign height measurement - monument signs. The height of a monument sign � shall be measured from the highest part of the text area of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever the Direc�or of Community De�elopment determines is appropriate giv�n the physical characteristics of tF�e site. Decorative features of the sign appro�ed by the Architectural Review Commissian may be excluded from the measurement of sign height. G. Sign height - wall signs. The upper most part of a wall-mounted sign shall not be higher than the eave line of the building on which it is located as measured from the underside of the ea�e and in no event higher than 20 feet. H. Electrical raceways and condui#s. Electrical raceways and conduits s�all be placed so that they are not within public �iew. Where this is physical�y impractical, or doing so would damage significant archi#ectural features or materiafs, the Architectural Re�iew Commission may grant a wai�er of this requirement provided all raceways, conduits, and similar devices are designed in a way that they appear to be part of the overall sign or building design. i. Fron�Eage on two or more s#r�ets. A business on a lot that has frontage on more than one street shall be allawed the authorized sign area on each street; pro�ided, that the permitted sign areas may not be accumulated on one street and shall not exceed the aflowed sign area ofi any one street. J. Sign remo�al or replacement. When a sign is remo�ed all brackets, pofes, and other structural elements #hafi supported tl�e sign shall also be completely removed. All holes and affected building surfaces shall be restored to match the adjacent portion of#he building. K. Sign colors. The standards for signs in this Chapter are premised aesthetically on the use of limited calors per sign so as to minimize excessive contrast and thereby establish more readable, less confusing signs. Signs for comme�cial complexes, shopping centers, ot�er cammercial and industrial de�elopment, including individual businesses, �shall be limited by the following: 1. Signs shall be limited to a maximum of three colars per sign. !f a federally regulated trademark sign has more than three, #hen the maximum size allowed for #hat sign shall be reduced by 20 percent for each additional cofor. 2. For purposes of calculating reductions in size where more than three colors are involved, the maximum sign size resulting from the first 20 perce�t reduction shail form the basis for the second 20 percent reduc#ion, �P� � OR�INANCE NO. 1190 and so on for each subsequent 20 percent reduction. For example, if the maximum size a�lowed for a given three-color sign is 10 square feet, then the maximum size aliowed for a five-color sign would be 6.4 square feet: 80% x (10 x 8Q°/a). 3. In compliance with Section 25.68.11D (Creative Sign Program), the Architectural Review Commission may waive or reduce the rec�uired size reduction if it specificalfy finds that the praposed sign is d�sirable due to its quality, uniqueness, design, or other features in compliance with the findings required in Section 25.68.110. L. Illuminated signs and lights. The following standards shali apply to al! illuminated signs: 1. All illuminated signs shall be designed with a dimmer system to avoid undue glare ar refiection of lig#�t on privafe property in the surrounding area. 2. External fighfi sources shall be shielded from �iew and directed to illuminate only the sign face. s. � t �{ �� :}�;s !� �'� � !..�--�„�sy��: � �'r_^�k�vc„�'i+ Do this Don't do fihis 3. Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering andlor a registered trademark or logo. 4. Reflec#i�e-type bulbs and incandescent lamps shall not be used on the exterior surface af signs so that the bulb or lamp is expased to view from any c�irection. 5. Each new ifluminated sign shall be subject to a 30-day review period during which fiime the Director of Community Development may determine �hat a reduction in illumination is necessary due to negati�e impacts on surrounding property or the community in general. In addition, and at any time, the Directar may order the dimming of any ilfumination found to be excessivefy bright. �, ORDlNANCE NO. 1190 M. Signs to face public or priva#e right-of-way. Ail signs permitted under this Chapter shall be p�aced on the sic�e of property facing a public or private right-of- way. N. Main�enance o�f signs. 1. For the public healfh, safety, and welfare all signs shall be maintained in a safe, presentable, and good structural condition at all #imes, including the replacement of defective parts, wiring, ballast, painting, repainting, cleaning, and other acts required for the maintenance of the sign. ff the sign is not made to comply with safety standards, the Director of Community Development shall require its immediate repair or remo�al in compiiance with the Chapter. 2. Signs illuminated either internally or externally shall be capable of being fully illuminated and legible with the face(s) intact (without holes or o#her exterior damage). Any il�uminated sign not in compliance witF� these and other main#enance standards in this Section shall be cited by the Director of Community De�elapment and shall be brought into compliance with applicable standards or proof o� a contract for repair and maintenance shall be approvec! within 30 days or shall be subject to abatemen# as a public nuisance. Illuminatec� signs that, #�ecaus� af expired or damaged lighting elements, become non-legible shall be ordered to remain unlighted until repaired. 3. When a sign is remo�ed or replaced, all brackets, poles, and other structural elements that supporked fihe sign shall also be remo�ed. Affected building surfaces shall be restored to ma#ch the adjacen# portion of the structure. 4. In the case of abandoned signs, the identification, name, and copy pertaining to the abandoned business shall be remo�ed and replaced with a blank panel ar white space within 30 days of vacating the business. 5. When it is determined by the city fihat a sign may cause imminent danger to the public safety and contact cannat be made with a sign owner or building owner, no written notice shall b� required. In this situation, the city may correct the danger. The city shall cause to have remo�ed any sigr� that endangers the public safety, including abandoned, materially dangerous, elecfr�calfy or structurally defecti�e signs. 6. Notices of �iolation shall be sent by the Director of Communify Development by certified mail. Time periods provided in this Section shall be deemed to commence on the date of the mailing. Any person having an interest i� the sign or the property may appeal the citation ordering the remo�al of compliance by filing a written natice of appeal with th� Direc#or F� f� ORDINANCE NO. 1190 of Community Development within 30 days after the date of mailfng the notice, or 30 days after receipt if the notice was not mailed. 7". Signs removed by the city shall become the property of the city and may � be disposed of in any matte� deemed appropriate by the city. The cost ofi the remo�al of any sign by the city shall be considered a debt owed to the city by the owner of �he sign and the owner of the property and may be recovered in an appropria�� caurt acfion by the city or by assessment against the property. The cost of removal shall inc�ude any incidental expenses incurred by the city in connection with the sign's remo�al. 25.68.070 — Permanent Signs The following tables pro�ide regufations for permanent signs in resiclential and nonresiden#ial zoning districts. Referer�ces in the last column pro�ide additiona! regulations for specific sign types lacated �Isewhere in this Chapte�. In the case of an inconsistency between regulations provided in the tables and regulations provided for specific sign types, the regula�ions for specific sign types shall take prececfence. The number and area of signs as provided in this C#�apter are intended to be maximum standards. However, the standards do not necessarily ensure architectural compatibility. Therefore, irt addition to the enumerat�d standards, the appro�ing authority shall also gi�e consideration to a sign's relationship to the o�erall appearance of the subjecf property, as well as the surrounding community with the goal being to minimize �isual pollution, excessive il�umination, and excessive contrasting colors. Compatible design, simplicity, and sign effecfiiveness a�e to be used in establishing guidelines fo�` sign approvaf. 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N Z� � � �0 � N C N � 07 � � � f6 � � ;J] � Z N U o. Q a 0 ; N � J � � Q � ,� I— '`� � � � � ti o 0 ... L _ -v c � (�6 N � — N �' � 7, — � tCs .� � � � Q N :" � C� W C � � � •� m ? ��} � f�4 -�p � � N �i J � �fA i�6 'O a�-' � F"' a � O f� Q 0 � 3 7 � I� � €]-� G � G I•� };� O N {�y tl} � � iG N � �V � {=? p� W �.� ln C U� � Q' � Z r � N � O o � O ; �� a � � �� o 0 I �7Y f6 :� � V �� '� �' � N `° E i� �.... � � � u� ? o� o � ,a� cv � i' i� V • N � `..� W �� Q � � � Q O � � �; � — �5 +� f3 O �� Q- O O � 00 O � �� O Q � 3 � ,.., �� -f t„ N J ' � c ; � -p N p a � �. �i z � � � � � ca � ° � O �° ~� ° � v� Z � .:� � � � . V � I � � � � Z {�i'J I � U .� .� i4 C O � � � � ;C� r .� � � Q. � � � � � � � � �� N �u��a � � I� � � � ��`�' � l�..� � �S�! ORDINACNE NO. 1190 25.fi8.080 - Standards fvr Speci#ic Types of Permanent Signs A. Building-mounted wall signs. � � -�� :��t '' � � .. ��1 ��,� �#�•. =, �' _ _ ��. -.- { _ �� 1. Signs shal! be located only on a building frontage and shalf not extend abo�e an ea�e or parapet, or abo�e or below a fascia on which they are located. . �—� --- - -- � ��__ 5�G'�----- J� �1 ..�,.-� � ,�. . . � ' � ` "� ��,.. i ' ?� � � - � e .ri .� -� IGJ� „-�.�3 f� �f �� ' ' r i �� li . � e� � �E' I � d Appropriate Wall Sign Location �� ,.__.�,� � �.�. �� _ �;�;,;�.::�� _ ;-� �_ �f � '� . �,� L ��r. I � , ��, � � 'i . � �,..�;� � M��,.. � �� f � 1 � -- �'� —�--!- - — �.,,s ;�..,; ORDINACNE NO. 1190 Not Allowed 2. Electrical raceways for signs shall be designed as an infegral part o�F the sign or building design and shall not be visible. .... :. .. _�..�.__ . _ a. � ___ _._.._. . . . _ . _ �� _._ .�.�,_ ._. .__ .._.. _ ._ __ _. � �.- �.`� ��""'�, �i --�� .__ �-� . �� .� . .� _ . -�- — � � -� _ Y �.a 3. Signs shall be placed flat against the wall ar�d shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. 4. Signs shall be locafied within the middle 50 percent of the building or occupancy's frontage measured from lease line to lease line. ��.�...��.�..,�.,� �� j��'r�� ,_i�^`T...'�'+m,. .`rv..e:5'.X%e'iM".+:r%'N�a..�,'Y'� HI+F.r'n:r:. ..'..t,p•g�:RYY..a'd:tY...'r;�31u1'!!�,.,r . iexx-T!� ..M_+r!?.v .. _.. ...,. ' [ � =is:tF+�".?�.;_i+, . FY.�m.6:ntlR-C:*Ti�mumuv ...'.tixxY`^*'Y -..�-�.:h'=1f� FA�"'xuminl%RKl+1 wow.m.?:1�r�•s�h.a:�v.wp�.gw{�'::. � � .... .............. ....... , . i'�' �� .�� f � ,�� , ;� � �f 4 � �� F Rn �� : �: �� `�� 9 3 �� ;� �i��'' I �,�� s � a ��—�`�� __. �+in�...,� �•��"�`a�.,x�-y�.,�. Appropriate Wali Sign Location ��. ORDINACNE N�. 1190 5. Signs lacated on adjacent walls on the same buiiding shall be separated by a minimum of 30 feet measured along the exterior walls of the buifding. � � �-��u�� `��+�r� . '�4F� �� --� , '� �.� - � �� _ _ � __ _..�i��l - ..f� �'� .� �'�:.� �� i; -��; �r, ��,�� f I �;;i� � �� 1�{ � , �:�� `' �� '� � ,�.. � �� Required Separation for Wall Signs B. Freestanding monument signs. =;�,;;;;s�a� ,-;�..:. .t,, �, t ..��r+��''�4 ,�1� i;C��w I i � ,''��;�,y`� ' r _ .v ,— — � .n:k iy .�2� ,_ '`�ti� '+ � ~� , . yf. 4��' ii�¢t . I`'-`�y.' �-:� ,�,:' �'� .,� . ..�. }'� i ' . .�� 2-,% �. . —y��` „ r µ' ' f� .: '��. . �h� . . . ._, . + i.�� ' .- ,�� . i +�;� � �•�4 ,,. T �;;� ��, ,��,�� - * + � I `��'rc ;��'� � �,k+ti.. �� i� ,rr + . , 5.�1 .�;}.h- �►�I 'a'., � � � ' _ F I I m •#:."��.� � ' M1 �"� _ . _ . . + lu ,.I ., -4*..Y. � �� I ,. ,�;� �._�x'�• - � i 1. A single tenant buiiding, commercia6 or industrial complex, or shopping center shall b� entitled to one freestanding monument sign per frontage on a public or private street. 2. When a shopping center or industrial park has street frontage on any one street in excess of 1,600 lineal feet, one additional sign shall be permitted. Freestanding s�gns on the same street shall be separated by a minimum distance of 400 lineal fee�. �� ORDfNACNE NO. 'f 190 3. All freestanding monument signs shall be placed within a permanently landscaped area, be architecturaily compa�ible with the buiiding or complex, and not encroach in the public �ight-of-way. 4. When appro�ing any freestanding s�gn the Architectural Review Commission shall a#Firmati�ely make the finding that the approvaf shall visually enhance the aesthetic quality of the property on which the sign is ta be located. 5. Freestanding monument signs shall not con#ain phone numbers. C. Secondary business s�gns. � t r—� [ ��__:_� } Main Bu�lair�g�ia;i ...�"', .� ] fl � ,.f..x � _ — -.'��' ,._ ,� � ,i f ; � ,3acondaey �: � Secandaryr t�,� I, �-�. -- ��`�"a�� ^�`�istblt'�ss�n.� si�nage <:, _��.,�{. '� _ e.::,�.a:c�.f6 } .,� '{ '��'t.�� `��r�•�• - � ��a- �I_ ' " +�v{ � i '�n..a � I r, I: ' �� •-..�� _ '-ti� , 8 �lry ��- �.� j�...,i ��F��.., �� ;. - � 4��' S'r.�i I� �. 1_ � :tl�5 4 '+� ,I�4 .i � 1. Secondary business signs shall be clearly ancillary �o the main business sign and in no event shall the aggregate sign area exceed th� maximum permitted under this Chapter. 2. The design of secondary business signs shall be architecturally consistent with the main business identification sign. 3. The fotal aggregate sign area af the primary sign together with the secondary sign shall not exceed the maximum sign area allowed for the business. 4. Where a proposed secondary business sign is a registered federally regulated trademark sign, the size of the trademark sign may be subject to size reduction requirements in com�liance with Section 25.68.060 (Sign Colors). 5. No more than two secondary signs allowed except as otherwise provided in this Chapter. 6. S�condary signs shall not contain phone numbers. 7. Slogans, mattos, or �aying� may be used instead of secondary business signage. � �.� ORDINACNE NO. 1190 �. Window signs - permanent. i, � � �� . ., . - �. -- � _ � � . .� .;r• r.3f '��' . I � ;, , , ,��,� :�, �.��"�} � } �;�:; k.''� _ i�l: _ ,'.I_' _ �'��.. . � �I .�_ .A=1_}.�� Y { f ' =�'� _ . .. a�� .. ` " +�' ��II ;� -- �; � �� - �. •--�� . � � � ,�,. ,. -. � � 1. Signs shall be allowed only on windows located on the ground floor of a building frontage. 2. Signs shall be permanently painted, etched, ar mour�ted an the inside of windows. 3. Signs within five fee# of a starefront window shalf be counted as a window sign. 4. Window signs s�all be allowed in addition to the agg�'egate sign area aflowed for wall and projecting signs. E. Signs on awnings, marquees, canopies, arcades, or similar structures. . , : . ,. tk .+ . .. ' -- f . .+ � �r.�,r'1�! '�'F:��# � I � i . . ' � rl � j � r� { I� . �7 ��f.'�'� � ��'..�j� � — � � l�r.1�1�:,�F/BI��A►. I�.{ �}� �� — — 1. All awnings shall be re�iewed and approved by the Architectural Review Commission. The awning shall be architecturally compatible with the building and as a result an awning may nat be appropriate for every building. 2. Signs on awnings shalE be kept in good repair, clean, and not faded. 3. Signs on awnings (lettering and numbers), including le#t�ring style and colors shal! blend aesthetically with the awning and building to vvhich it is attached. �� ORDINACNE NO. 1190 4. When requirecf by the Building Official, street address numbers shall comply with the requirements of Palm Desert Municipal Code Sec�ion 15.15.a10 and Table 15.15.020 A. 5. Awnings s#�all not contain phone numbers. F. Projecting signs. - __. � �` � ;.II, 'I.� : - _ � �,. {+ .. ry 7 . . .' :`l _ , , ,- � - .�r,:;��;�,: ��4 .:,�, �� J y...f• '��1�;, . ' ,4...1'_C....��' � ti�`rr�;�" 4� � • ' ��'r��wk�+` �.�v s �'��"�r''' - %�,. �..._ p , 4 .i� i 5' `- � } �f�� ::� �� ri �i�{t�,�f'n �� ",' -�� ,+�� \ �� .f{ i�rt�� + �-�� .[a��'� #- .�- ��u �'} +�' '{ , Y �� - . l�' F ' ir� � i�� ,�� ,��.. - ;�� - � ��f��y''f�'y.y�'I �� 1. Projecting signs shall not e�ctend below eight feet from the sidewalk or the right-of-way. G. Pedestrian oriented signs. 1. Where the principal sign for a business is Iocated so that it cannot be seen by pedestrians on the same side af the street, one business identification sign, in addition to other signs allowed in this Chapter, shall be permitted subject to the following standards: a. Signs shall be no larger fihan three square feet (on each side); b. Sigr�s shall be projecting, hanging, or mounteci an a pedesfiaL Signs on pedestals shall not exceed 54 inches in height; c. Signs shall no# be used as "open" sians; and d. Signs shall be designed and located so as to not distract from the a�pearance of the building or�iolate the intent of this Chapter. 2. Businesses in the commercial and industrial distric�s may place a pedestrian oriented, pedestal mounted "open" siqn in front of their place of business subject to the following standards: a. Maximum sign area shall be three square feet; b. Maximum sign heigh# shall be 54 inches; �� ORDINACNE NO. 1190 c. Signs shall be placed on private property in a location that does nofi impede pedestrian traffic flow; d. Signs shall not include extraneous verbiage advertising the business, sp�cials, or sales �vents; and e. Signs shall be remo�ed when the business is not open for business. 3. For businesses on EI Paseo between Portola Avenue and Highway 74, the following additional standards shall apply: a. Signs permitted under th�s Subsection sha�l be limit�d to the word "open" and the business name only; b. Logos are nat permitted; c. Signs shall be in two colors only, excluding floresc�nt coEors; black and white will be considered colors and sign shall not contain extraneous decoration; d. Signs shall be mounted on a pedestal using one of the two sign colors; and e. Signs shall be professionally manufactured and well-mainfained at afl times. H. Signs facing the freeway. Busi�esses located in buildings with one side facing the freeway shall be entitled to one sign on the freeway side of the building in addition to other allowed signs for the front of the buifding, provided the freeway facing sign complies with the following requirements: 1. Signs for single tenant buildings shafl be limited to 50% of the total sign area allowed on the front of the building; 2. Signs for multi-tenant buildings, indi�idual business signs shali be limited to a maximum of 16-inch high letters; 3. All signs facing the freeway shall use a single color, except for fede�al trademark signs, and a clean letter style font; and 4. All signs facing th� freeway shall be non-illuminated indi�iduaf letters or logos. �� RDINACNE NO. 1190 I. Directional signs for courtyard or plaza businesses. Where commercial buildings or complexes are designed to contain tenant spaces oriented to an interior courtyard or plaza and where the princ�pal business identification sign is located on that courtya�-d or plaza frantage, the commercial building or complex shall be permitted a pedestrian directional sign(s). The directional sign shafl group the names of businesses andlor principal services to be faund in the courtyard or plaza subject to the following standards: 1. Signs shall be located a# major pedestrian entrances to the plaza or courtyard; 2. Signs shall not encroach into the public right-of-way; 3. Signs shall be properly integrated into the architectural and landscape design of the building; and 4. Signs including supports shall ha�e a maximum width of four feet whether wall mounted or fireesfiandtng. J. Attraction boards for theaters and nightclubs. fn addition #o the principal sign area, one attraction baard to advertise nightclub or fiheater enfiertainment shall be allowed. The information on the attraction board shall be limited to coming and current entertainment only. Attraction �oards shall not be used to advertise rates or prices of attractions. K. Restaurant menu boards. In addition to the principal sign area, a restaurant may ha�e one sign on a wall or window displayEng the menu andlor daily specials. When a restaura�t is set back more than five feet from the public right- af-way or pedestrian walkway, a freestanding easef may be sefi up within the setback to display the menu board during hours when meals are being served. The sign shall not encroach into the public right-of-way or obstruct pedestrian mo�ement. L. Gasoline se�►ice stations. Gasoline service stations shall be limited to those signs appro�ed by the Architectural Review Commission as a part of their action on a condi�ional use permit andlor amendment thereto. Senrice station signs shall not exceed the following Eimitations: �. One doubCe-faced freestanding monument sign not to exceed 24 square feet in area or not to exceed eight feet in height, and advertising only the name of the company; 2. One 10 square foot maximum wall s�gn ad�ertising the campany name andlor operator; and �Q ORDINACNE N�. 1190 3. One wall or grour�d sign, not exceeding eight square feet in area and eight feet in height for a ground sign, advertising the actual lowest price per gaElon including all taxes at which gasoline are currently being offered. Any special conditions required for saie a# the iowest price shall also be indicated. 25.68.080 —Temporary Signs The following temporary signs shall be allowed subject to the requiremer�ts of t�is Section. Temporary signs in �iolation of this Sectio� shall be treated as illegal signs and shail be subject to abatement under the requfrements of Section 25.68.140 (Abatement of Illegal Signs). Nothing contained in this Section shall prevent the City Council from granting a speciai permit application or otherwise permitting signs, displays, or advertising pertaining to a civic, patrio#ic, or special event of general public interest taking place within the city when it can be found that the signs, displays, or ad�ertising will not be materially detrime�tal to the pubfic weffare, interest, or safety, nor injurious to adjacenfi property or improvemenfs. A. Number, size, height, and duration. Table lil pro�ides standards for #emporary signs. Temporary signs are allawed in addition to the number of permanent signs allowed for the property. �I ORDINACNE NO. 1190 TABLE III TEMPORARY SfGNS �'rgn Typ� .- PJl2�xirr:urrt � 11�aximum itiA�ximum Dura#�or� Addi��o�� IVur�rber �4re� He3ght ��ar�dards Temporary window signs Commercial Allowed �or sales and Industrial and promotions. Zones Lineal fieet of window area 50 lineal ft. or One sign 20 sq. ft. {1) NIA 30 days Placed on inside of less Max. 25% of window. total window area 50 lin�al ft. ta One sign 50 sq. ft. (1) 100 lineal ft. Max. 25% of total window area More than 100 One sign 75 sq. ft. (1} ft. Max. 25% of See Notes {1) and total window (2}at the end of the area table for additional information in certain cases. Special signs Speciai event �ne sign 30 sq. f� Below ea�e 30 ctays per 25.68.090 D, banner Building- line of building. year maunted or freestanding. New business One sign. See Section Belaw eave 60 days Allow�d only while establishment 25.68.070 1a, line of building. permanent signs are identification 1b or 1c. being obtained. �� ORDINACNE NO. 119Q TABLE III TEMPORARY SIGNS �� i�r� �ype 1�1ax��u�r�r �axirr�c�rt� , M�xirtt�r�r �}t�ra�i�� Ad�l�#iona� h�Urrlk�er Area i �lei��# �#�r,��rtds Trade and One sign per 16 sq. ft. per During acti�e On property where construction street 20,�00 sq. ft of 8 ft building construction is project signs frontage. site area. permit. taking place. Shall Shall not Max.32 sq. ft. Removed list or�ly firms obstr�rct before natice connected with the visibility at of completion. development intersections. project. New residential de�eiopment New I double face 48 sq. ft. per 8 ft. Until all units subdi�ision sign, or 2 sign face in the praject identification single face are sold sign signs per street frontage. New Two signs per 15 sq. ft. each 8 ft. Until all units 5ign placerrtent to subdi�ision street frontage in the project direct persons to the direct�onal are sold subdi�ision signs entrance. Realty and lease signs R�afty sign - One sign per 3 sq. ft., plus 4 ft. During time 25.68.090 stre�t frontage one rider sign; when realty is Single-family 5 in. X 16 in. offered far sale residential ar rent. Realty sign - One sign per 3 sq. f�. 4 ft. While a 25.68.090 street frontage salesperson fs Open house physically sign present on the premises Realty sign - One sign per 12 sq. ft. 4 ft. During time 25.68.090 street frontage when realty is 4ther than affered for sale single�family in or rent. a residential zone. �n �� ORDINACNE NO. 1190 TABLE III TEMPORARY SIGNS Si�n T��e I'4+1�ximurn 1VIax��nufn Max�rnum Du�at�on �dtl�tion2tl � N�rr��r Area He��h# �tat�dards lease One two-sided 32 sq. ft, 6 ft. Displayed after May ad�ertise lease patential sign per street ARC project potential for future sign- frontage appraval. developmen# prior ta Remo�ed and during Future befor� notice construction. No development of completion. riclers autside o#the 32 square foot area. Reafty sign - One fwo-sided 16 sq ft. 6 ft. During time No riders outside 4f sign per street when realty is the 16 square foot Nonresidential frontage. offered for sale area. Shall nat be zones or rent. illuminated. Persanal �ne sign per 3 sq. ft 4 ft. 2 days within a Only on the property property sale, street frontage 30-day period. where the event is block party, being held. or similar event Pofitical signs-See Section 25.68.090 C. [Political Signs) Notes: (1) Businesses that are set back more than 250 feet from a public right-af-way (street) may double the temporary window sign area. Businesses that are set back more than 600 feet from a public right-of-way (street) may triple their o#herwise entitled temporary window signage. {2} Does not include signs and decorations painted on or applied to windows �ertaining fo holidays and seasonal e�ents when the signs contain no reference to the goods or services sold ar provided by the establishment. Ail signs and decorations shall be removed within 10 days following the applicabl� holiday. B. Standards for temporary signs. Temporary signs shall be subject to the folfowing standards and any additional standards for specific types of temporary signs: 1. Signs are allowed on private property only and shall nat b� placed in p�rblic rights-of-way or at off site locations; 2. Sign shal! nat be attached to roofs, temporary structures, trees, utility poles, light standards, and similar items in the public right-of-way; �� F ORDINACNE NO. 119U 3. Signs shall not be illuminated; 4. Signs shall not move in any manner; � 5. Signs shall be constructed af durable material suitable to their location and purpase; and 6. Signs and their components shall be promptly removed afi the time of expiration. C. Political sign regulations. Political signs shall comply with the follow�ng requirements: 1. Political signs shal! not be located in the public right-of-way; 2. No fee or permits shal! be required for the right to erect political signs; 3. Where fihe sign is proposed to be placed on pri�ate property, the applicant shall secure the permission of the property owner; 4. Signs shall not be placed in any manner to create a hazard to public health or safety; and 5. Signs shall be removed within 3� days following the election. D. Special e�ent signs. 1. With the approval of the director of community de�elopment, a business may erect one temporary sign, mounted on a wall fascia or freestanding, adve�tising special events, promotians ar sales. Appro�al of a sign permit applica#ion may allow up to 30 square feet of sign area depending upon the type of event, building design, and right-of-way frontage for a period nat to exceed 30 days per year. 2. Signs approved under this Section shali be compatible and harmonious with the color of the building and adjacent buildings. When improperly used, specEal e�ent signs constitute a public nuisance and may be abated. Special e�ent signs for pe�'iods in excess of 30 days may onfy be permi�ted in compliance with a resolution of the City Council, which shall sp�cify the period during which the banner may be displayed. E. Open house signs. �ff-si�e open hause djrectional signs shall be permitted for an open house, subject to the following provisions: 1. No flags or banners shall be used; and �� ORDINACNE NO. 1190 2. Signs shall be located on pri�ate property only, unless prior written appro�al for unique circumstances is ob#ained from the Director of Community Development. � 25.68.100 — Comprehensive Sign Program A. Purpose. The purpose of a Comprehensive Sign Program is to integrate all of a non-residential project's signs with the overall site desigr� and the structures' design ir�to a unified architectural statement. A Comprehensi�e Sign Program provides a means for the ffexible application of sign regulations in order to provide incenti�e and latitude in the design and display of multipie signs and to achieve, not circumvent, the purpose of this Chapter. Approval of a Comprel�ensi�e Sign Program may modify the standards prov�ded in this Chapter as to sign number, size, height, illumination, locafion, orientation, or other aspects of signs within the limits of this Sec#ion. B, Applicability. The approval of a Comprehensi�e Sign Pragram shall be required whenever any of#he fiollowing circumstances exist: 1. Whenever 3 or more separate tenant spaces are present on the same site; 2. Whenever 3 or more non-exempt signs are propased for a single-tenant; 3. Whene�er signs are proposed to be located on the second story on a multi-story building; 4. Whenever an existing multi-tenant development of 3 or more tenants is being remodeied or rehabilitated to the extent that it requires review and appro�al by the Architectural Re�iew Commission; or 5. Whene�er the Director of Community Development determines that a Comprehensi�e Sign Program is needed because of special projecfi characteristics (e.g., the size of proposed signs, limited site uisibility, the location of the site relati�e to other lots, buildings, or stree#s, etc.). C. Approval authority and limitation. Th� Architectural Review Commission shall be the r�view aut�ority for a Comprehensive Sign Program. D. Application requirements. A sign permit application for a Comprehensi�e Sign Program shalf include all infarmation ar�d materials required by �he Directar of Community Development. E. Standards. A Comprehensi�e Sign Program shall comply with the followir�g standards: �� ORDINACNE NO. 1190 1. The proposed sign program shall comply with the purpose and intent of this Chapter; 2, The proposed signs shall enhance the overall development, be in harmony with, and �-elate visually to other signs included in the Comprehensive Sign Program, to #he structures andlor developments they identify, and to surrounding de�elopment when applicable; 3. The sign program shall address al� signs, including permanent, #emporary, and exempt signs; 4. The sign program shall accommodate futur� �evisions that may be required because of changes in use or tenants; 5. The sign program shall comply wi#h the standards of this Chapter, except #hat de�iations are al�owed with regard to sign area, total number, location, andlor height of signs to the extent that the Comprehensive Sign Program will enhance the overall de�elopment and will more fully accomplish the purposes and intent of this Chapter; B. Appro�al of a Comprehensive Sign Program shall not a�athorize the use of signs prohibified by this Chapter; and 7. Re�iew and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. F. Findings. In order to approve a Comprehensive Sign Program the fallowing findings shall be made: 1. The Comprehensi�e Sign Program complies with the purpose of this Chapter, including the Design Cri#eria; 2. Proposed signs er�hance the o�erall de�elopment a�d are in harmony wifih other signs included in the plan with the structures they identify and with surrounding development; 3. The Comprehensi�e Sign Program contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and 4. T�e Comprehensive Sign Program complies with the standards of this Chapter, except that flexibility is allowed with regard to sign area, number, location, andlor heEght to the extent that the signs proposed under the Comprehensive Sign Program will enhance the overalf cfevelopment, �� -i5 ORDINACNE NO. 1190 achie�e superior quality design, and w�ll more fully accomplish the purposes of this Chapter. G. Re�isions to Comprehensive Sign Programs. The Director of Community De�elopment may appro�e re�isions to a Comprehensive Sign Program if #he intent of the original appro�al is not affected. Re�isions that would substantially deviate from the original approval shall r�quire the approval af a newlre�ised Camprehensive Sign Program by fhe Architectural Review Commission. 25.fi8.110 — Crea#ive Signs A. Purpose. The purpose of the Creative Sign process is to provide criteria for signs thaf are unique in their design approach and use of materials and to provide a review process for the appl�cation of sign regulations and design criteria to creative signs. Ap�roval of a Creative Sign may modify the standards provided in this Chapfer as to sign size, �eight, illumination, number of colors, Iocation, orientation, or other aspects of signs within the limits of this Section. B. Applicability. An applicant may rec�uest approval of a sign permit application under the Creative S�gn section to authorize an on-site sign or signs that differ from the provisions of this Chapter, but compiies with the purpose of this Chapter and Sec#ion. C. Re�iew authority. A sign �ermit application for a Creative Sign Program shall be approved by#he Architectural Review Commission. D. Application requirements. A sign permi# application sl�all f�e filed with the Director of Community Deve�opment consistent with Sectian 25.68.03� Sign Permit Application and Design Re�iew Required, E. Design criteria, In approving an application for a Creafii�e Sign, the Architectural Re�iew Commission shall ensure that a proposed sign or signs meet the following design criteria: 1. Design elements. The sign shall con#ain all of the following elements: a. Classic historic design style (ghost sign, metal, carved wood, etc.); b. Creati�e image reflecting current or historic c�aracter of the city; c. Symbols or imagery relating to the Palm Desert environment; or d. Inventive representation of the �se or namellogo of the business. 2. Architectural criteria. The sign shall: �� ORDINACNE NO. 1190 a. Utilize andlor enhance the architectural elements of the building; and b. Be pfaced in a lagical location in relation to the o�eralf composition of the building's facade and not co�er any key architectural featuresldetails of the fa�ade. 3. Contextual criteria. The sign shall: a. Be in scafe and proportion with the structure where it is placed; b. Be placed to respect and enhance the key archi#ectural elements of the building; ar�d c. Respect the scale and praportion o� surrounding commercial structures and signs. F. Limitation. Approval of a Creative Sign shall not: 1. Author�ze the use of sigr�s prohibited by this Chapter; or 2. Autharize any sign that is mor� than 20°/a larger than that which the signage ardinance allows. . G. Findings. In appro�ing an application for a Creative sign permit the following findings shall be made: 1. Design quality. a The sign(s) constitute a substanfial aesthetic improvement to the site and will ha�e a positi�e �isual impact on the surrounding area; b. The sign is of unique design, and exhibits a high degree of thoughtFulness, imagination, in�entiveness, and spirit; and c. The sign provides strong graphic characfier through the creati�e use of graphics, colar, fexture, quality materials, scale, and proportion. 2. Contextual criteria. T�e sign(s) contain af leas# ane of the following elemenfis: a. Classic historic design styfe; b. Creative image reflecting current or historic cl�aracter of the city; or c. Inventi�e representation af the use, name, or logo of the business. �� ORDINACNE NO. 1190 3. Arc#�it�ctural criteria. a. Utilize or enhance the architectural elements of fhe building; and � b. Be placed in a fogical location in refation to the overall compositian of the building's facade and not co�er any key architectural features and details of the facade. H. Re�isions to Creative Sign Programs. The Architectural Review Commission shall approve revisions to a Creative Sign if the intent of #he original appro�al is not affected. 25.fi8.120 — Nonconforming Signs A. Lawfully permitt�d nonconforming signs. 1. Lawfully permitted on-premises signs existing at the time af the adoption of the ordinance codified in this Chapter on that do nof comply with the requirements of this Chapter shall be deemed lawful nonconforming signs. 2. Noncanfarming signs shall not be expanded, extended, rebuilt, al#ered, or recons#ructed in any way, except for normal maintenance or to protect public safety. 3. It shall be the express responsibility of the seller of pro�erty or a business to advise the buyer of the pro�isions of this Section relating to the remo�al of nonconforming signs upon the transfer of ownership of a business. B. Lawful nonconforming signs to be removed. It shall be the respor�sibility of the business owner, sign owner, or property owner to ensure compfiance with this Section. Nonconforming signs shall be remo�ed or made to comply with the requirements of this Chapter as follows: 1. Within 30 days of the issuance of a sign permit application for a sign on a property on whicF� a nonconforming sign(s) exists. Prior to the issuance far a property on which a nonconforming sign(s) exists, the applicant ar owner shall file with the city an irrevocable bond in the amount of $10,000 to guarantee the nancanfarming sign(s) shall removed or made to conform with the requirements of this Chap#er within a specified time; 2. Upon the transfer of ownership of fhe business; �� RDfNACNE N�. 7190 3. Upon the altering of the nonconforming sign or sign structure in any way or the addition of new sign{s) or a new sign structure; or 4. After 90 days of the discontinuance of a business or before a new business accupies the building, whiche�er com�s first. C. Nonconforming signs main#enance. Except for normal repair or maintenance not exceeding 50 percent of the vafue of the sign, nanconforming signs shall not be modified, altered, moved, or replaced except in compliance with the requiremenfs of this Chapter. D. Lawful nonconforming o�ffs�te signs (i.e. biflboards}. Nothing contained in this Chapter shall be construed to fimit the ability of an owner of a lawful nonconforming off-site sign {i.e. billboard) to periodically change ad�erEising co py. 25.fi8.130 —Abandoned Signs A. Remo�al of abandoned signs. 1. An abandoned sign or an abandoned nonconforming sign shall be removed within 3p days by the owner or fessee of the premises upon which the sign is lacated or by a person, organization, or other entity t�afi directfy or indirectly recei�es a benefit from the information contained on the sign. All wording ad�ertising or relating to the discon#inued business shall be remo�ed from all nonconfarming signs. 2. A sign frame or s#ructure �hat has been abandaned shall be remo�ed within 30 days by the owner or lessee of the premises upon which the sign frame ar structure is located. B. Presumption that a sign is abandoned. A sigr� that identifies or ad�ertises a business that has ceased; is located upon a structure that has been abandoned by its owner; has not ident�fied a bona fide business, lessor, service, ow�er, product, or activity available upon the site, for more than 90 days shall be presumed abandoned. C. Notice that a sign is presumed abandoned. The Director of Community Development shall send the pe�-son responsibfe for a sign presumed to be abandoned an Abandoned Sign Notification. Failure of the persan ta respond within 30 days to fhe Abandoned Sign Notification shall serve as prima facie e�idence af intentiona� permanent abandonment of the sign. �•� ORDINACNE NO. 1194 25.68.140 --Aba#ement of Illegal Signs A. Enforcement authority. The Direc#or of Community Development shall be the enforcement au#harity for this Chapter. B. Abatement of iflegal signs. The Director of Community De�e�opment shall not permit, and shall abate, any sign within the city that fails to meet the requiremen�s of this Chapt�r ar ather applicable law, including temporary signs. Any illegal permanent signs shall be abated by the City. C. Notification and appeal. The Director of Cammunity Development shall notify the owner or user of a perman�nt sign that has been installed without a sign permit that fihe illegal sign shall be remo�ed within '�0 days. Upon receipt of this natice, the owner or user of a permanen# sign that is determined to be illegal does have the right to fife an appeal regarding the decision or notice within 10 days thereafter to the City Counci� pursuant to �he provisions of Chapter 8.20 of this Title. 25.68.150 � Penalti�s A. Violations of any of the provisions of this Chapter are infractions andlor misdemeanors punishabl� as pro�ided for in Palm Desert Municipai Code, Section 8.20.020(L). B. If the installation o# a sign is commenced prior to obtaining an approved sign permit application the applicable fee for a sign permit application shall be doubled. 25.68.160 — Definitions The following words and phrases shall apply in this Chapter: "Abandoned sign° means a sign that is advertising a �ase that has ceased; is located upan a structure that has been abandoned by its owner; does not identify or advertise a current bona fide �usiness, lessar, service, owner, or product available upon the site; or that identifies or advertises an event or acti�vity that has occurred. "Ad�ertising device" means any balloon, flag, pennant, propeller; oscillating, rotafiing, pulsating, light; or other contrivance excepfi a sign used ta attract attention for the purpose of promo#ing (either directly or indirectly), the sale of praducts of any person. "Advertising display" means any de�ice, co�t�i�ance, statue or structure other t�an a sign used as a display, regardless of size and shape, for the purposes of attrac#ing atfiention or making anything known, the origin or place af sale of which is on the property with the advertising display. �� ORDINACNE NO. 1190 "Awning SEgn" means a sign painted on, printed on, or attached to the surface of an awning. "Back-lit Awning" means an internafly illuminated, fixed, space-frame structure w�th � translucent, flexible, fabric reinfiorced co�ering designed in awning form and with graphics or copy applied to the �isible surFace of the awning. "Business sign" means a sign displaying information pertaining to goods or services offered or produced by the business located on th� property, but r�ot including ad�ertising de�ices or ad�ertising displays. "Building frontage" means #hat building elevation that fronts on a public street, alley, dri�eway, parking area, pedestrian plaza, courtyard, ar arcade. "Cabinet sign" means a sign �hat has one or more plastic, acrylic, or similar material faces (panels) attached to a metal frame (cabinet). These signs may or may not be internally illuminated. "Commercial mascot" means humans or animafs used as ad�er�ising devices, typicaliy by the holding or wearing af insignia, masks or costumes associated with or ad�ertising the commercial establishment. Includes sign twirlers, sign clowns, etc. "Construction sign" means a temporary sign stating the names of those indi�iduals ar firms directly connec�ed wifih the construction or develapment project, their addresses and their telephone numbers. "Externally lighted sign" means a sign whose immediate source of illumination is not enclosed by the surface of the sign structure. "Face or wal! of a bu�lding° means the outer surface of any main �xteriar wall or foundation of a building, including windows and store fronts. °Freestanding sign" means a sign supported by upright pedestals or braces placed upon or into the graund and detached from any building. "Freeway signage" means ar�y building sign that is visible and has frontage along the Interstate -�0. "Height of a sign" means the greatest �erticaG distance measured from the ground level directly �eneath the sign to the top of the sigr�. "Identification sign" means a sign limited #o the identifying name, symbal or insignia, ar any combina�ion thereofi, of a building, use, or persons occupying the premises on which the sign is located. � ��« ORDINACNE NO. 1190 "Internally lighted sign" mea�s a sign with an immediate source ofi illumination that is completely enclosed by the surface of t#�e sign structure. "Nameplate" means a sign no� exceeding one foot by three fee# signifying only the name � of the occupant and his occupation or specialty. "Outdoor ad�ertising structure or sign" means a sign placed for the purpose of advertising products or services that are not produced, stared, ar sold on the property upon which the sign is located. "Polifical sign" means any sign concerning candidates for political office or involving a ballot issue. "Price sign" means a sign limited to the name or identification of items or products ofFered for sale on the premises, and the price of#he items or products. "Projecting sign" means a sign ather than a wall sign suspended from or supported by a buifding or sfiructure and projec�ing outward th�re from. "Real estate sign" means a fiemporary sign advertising the sale, lease, exchange or rent of the property upan which it is located, and the identification of the person or firm handling the sale, lease, or rent. "Roof sign" means a sign affixed on, abo�e, ar a�er the roof of any building, ar any sign affixed to the wa[I of a building so that it prajects abo�e the ea�e line of a roof. The lowest point of a mansard style roof shaCl be considered the eave line. "Sign" means anything of �isual appearance primarily used for, or havir�g the effiecf of, attracting attention from the streets, sidewalks or other outside public areas for ider�tification purposes. A sign shall nat mean displays of inerchandise ar products for sale on the premises, or signs inside buifdings except when less than five feet behind a window and facing public �iew, or ornamentation, design, statuary, architecture, landscaping, pictures, paintings, or o�her art forms unless, in the case of any excep�ions listed in this Chapter, the attraction, because of location, size, use, or the nature thereof, has the efFect of attracting attention for identification purposes when �iewed from an outside public area. The basic intent behind this definition is nat to discourage product displays, design or ar# forms epitomizing simplicity, goad �aste, and compa�ibility with the community's desired image. "Sign face" means the surface or that portion of a sign fihat is �isible from a single point as a flat surFace or a plane and considered together with the frame and the background. "Ve�icle sign" means any sign that is attached to or painted on a vehicle or trailer that is parked on or adjacent to a�y property, the principal purpose of which is to direct people to a business, or attract attention to a product sold or f�usiness located on the same property or n�arby. On street �egal vehicles, the foliowing signs or insignia are not �.� ORDINACNE NO. 1190 considered to be "Vehicle Signs," and are not regulated as Ve#�icle signs: 1. Messages on a vehicle where the primary purpose of which is to be used ir� the regular course of business to transport the personnel or products, or ta provide the services (not including generaf ad�ertising} that are advertised on the vehicle; 2. Commercial messages that do not exceed a to#al of 3 square feet in size; and 3. Commercial messages on mass transit vehicles that pass through the city. "Wall sign° means a s�gn attac�ed to or erected on fhe exterior wall of the buifding 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 abo�e �he ea�e fine. The lowest pa�t of a mansard-style roof shall be considered ti�e eave line. "Window sign" means a s�gn posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a windaw exposed to public �iew that is located within five feet of the window is considered a window sign for the purpose of calculating the total area of all window signs. �.�