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Home My WebLink About08/27/09 - Ord 1190 - ZOA 09-104 - Sec 25.68 Signs ��i��°��. �:��-r�� -� , . ' �'S41�G1i��G ILJ ._� CITY OF PALM DESER.,`� .4,.� ; ,- w ��f .. _. . .. �;. � ,��,: __ �� _��'� � DEPARTMENT OF COMMUNITY CfEUEL-OPII�IENT -� � —_: �.__.,,,,� �,r.,,.:..` STAFF REPORT REQUEST: APPRQVAL OF A ZONING ORDINANCE AMENDMENT UPDATING AND REVISING PALM DESERT MUNICIPAL CODE SECTION 25.6$, SIGNS. SUBMfTTED BY: TONY BAGATO PRINCIPAL PE_.ANNER CASE NO: ZQA D9-104 DATE: AUGUST 27, 2009 C�NTENTS: A. DRAFT SIGNAGE OR�INANCE SECTION 25.65 MODIFlCATIONS B. EXHIBIT QF LETTER SIZE DIFFERENCE C. STAFF REPORT AND DRAFT ORDINANCE FROM JUNE 25, 2009 M�ETING Recommendatior�: Wai�e further reading and pass 4rdinance No. 1190 ta second reading. Executive Summary: On June 25, 2009, the City Co�ncil continued the proposed Zoning Ordinance Amendment to al�ow staff to address signage facing #he freeway and to remove the Creati�e Sign Program. Staff is recommending that the City Council approve freeway signage with one single font-type and color (Bernard Gothic T Medium Black), allow a maximum of 16" letters for multi-tenant b�aildings, and allow iiluminated signs with reverse "halo" lit letters. Sta#f has removed the Creati�e Sign Section fram the draft ordinance. DisCussion: On June 25, 2009, the City Council continued the proposed Zoning Ordinance Amendm�nt to allow staff to address the r�ew standards for signs facing the freeway and requested #hat the Creative 5ign section be removed. Freeway Signs: During the discussian abaut freeways signs, staff was asked ta look into requiring a single-font type, to pro�ide photos demanstrating �6" letters instead of f2" letters, and to re�isit the lighting af signs. Staff Report ZOA 09-104 Page 2 0�6 August 27, 20Q9 Single-Font Type: . Staff has consulted the City Attorney to determine whether or not requiring one specific font type would be toa restrictive to individual businesses, and has found that if is permissible so long as there is an exception process for registered federally trademarked signs. The code has now been modifed to as follows: H. Signs facing the freeway: 3. All signs facing the freeway shall use black font type Bernard Gothic T Medium, except for federally trademark signs; The font type c�osen is the font type used in the Closet Tailor sign that was recommended as the signage type facing the freeway by the Signage Subcommittee. The complete sfandards for signs facing the freeway can be found on page 29 of the draft ardinance. Lett�r Size: Staff has prepared an exhibit demonstrating difference in size between 12" I�tters and 16" letters. In the photo below, the words "Closet Tailors'" are illustrated in 12" high letters on the feft, and 16" high letters on the right. �� r ' � ,� � .;��JR��`� _�I I'l I �L� '� _ � — - - � � �` t��#R`• i ��O�tS ,� �`�IDlL�V��#ON�� F ' �!r �� ` �� -4� � '�i . 1 1 - �i' . ' i. . , , � . r ` . i I I i � -.�,y�_ �• �}�''�{'F � .� LL � �ii. . M1'� r S��'. . �'r s J�'-+ �'��'�. -� �_—, ' � _ • _ �-, ,� ,{� . • r� � k�v.=•.-t. �`��k,�i�,,=r`��' �,��' k {�'�� + � � 2r� .�.� � � �x`�/��1� '��r �� } ��F.��'}I 1 }� �.i��'_ �i�`� � �r��i� yti"J }� 51 '� �� *f"iR {�'tY� � �",�<;IF�� . ' �: �' {; �f� if��L." � ir.'.' .�f* wJit � ` �� k Jt� yLf �4 ! L4`F ��5 _Zn �- � ta + ,t.'s� ��5,, k#�r. . .}. ,�.f,x _.F, i��.. , .. .{.� ►.y,. i,�i'�a � �.�t;.��. -1 �Sy�Yti-.'�,I� �t�� yy��.�..� � .r�"�.�:r#-,`'�y*�-r. ;�K' -L-•ti��' �'-'�'+a'�Y��},�r'��,';'�*�`''�,' � }.�4 r��- ' �'�'� J.;..w'-��.e'Fy-r .��_ �� rJ�"til.' b�:'.'r . �`' {`. F �k� ■; #,'.: �t ...` �'�. hr,. rf�u �� 'r'�! ��. � - C'�•� � :}�- �• �' . � +i�. r~r._'L7'_+,e.�}' . --r=r� � .�i-��.��.��.-.. -� .__�'r_'�li'�'��.�•:��h�•�c �ti�. � , _ .,h;;.� GIPlanninglTony BagatolSignage OrdinancelCity Council HearinglCity Council Staff Report OB-27-09.doc Staff Repart ZOA 09-'144 Page 3 of 6 August 27, 2009 The image above illustrates the letter size difFerence; the actual exhibit is attached to the report for a larger representation. The Planning Commission believed that 12" letters would be too small #or multi-tenant signs along the freeway. Staff has driven the freeway to re�iew the subject sign at 12" and agrees that the sign is difficult to see. Most buildings facing the freeway are at least 80 feet away from the closest freeway lane. Staff believes that allowing up to 16" letters, depending on the length of a particular business name, is acceptable and will provide a simple clean letter style with one uniform fant. Lighting: When the Signage Subcommittee first met to discuss freeway signage, members agreed that r�on-illuminated signs were appropriate to reduce visual clut�er. As staff was preparing the draft ordinance, several subcommittee members changed positions and stated that some kind of lighting for the signs was necessary for the businesses. Other subcommittee members stiil requested nor�-illuminated signs along the freeway. The subcommittee members were spli� on this issue, but staff continued to present the draf� ordinance with non-illuminated signs along the freeway. At the June 25 City Cauncil meeting, Mayor Spiegel requesfied that staff re�isit the lighting for signs facing the freeway. Staff researched lighting options far signs and found two aptians that can pro�ide night time visibility while limiting light pollution from the signs. The two otf�er flptions are reversed letter lighting or external light fixtures. 1. Reverse "Halo" Lit Letters: Re�erse "halo" lit le#ters can provide for the single color letters cansistent with staff's recommended font type anc� colar, but would provide a white "halo" effect �ighting behind the letters, illuminating the wall. These types of signs can be found th�-aughout the City. Many office bui{dings and commercial businesses adjacent to residential areas are required to use this type of fighting to reduce light pallution. The following photas demonstrate the look of re�erse channel letters. G:1PfanninglTony Bagatol5ignage OrdinancslCity Council HearinglCity Council Staff Report OS-27-09.doc Staff Report ZOA 09-104 Page 4 af 6 August 27, 2009 � ; 1 � . � . . � 4 � � f � 2. External L.ight Fixtures: External light fixtures placed an the autside af the building cart reflect lighting onto the signage letters, providing visibility of the signage at night time. All the of signs would be one cofor and one font cons�stent with the ordinance, but would be ill�aminated from an e�cternal light fixture. Signs with this type o� lighting have been appraved #hroughout tt�e G:1PlanninglTony Bagatoti5ignage OrdinancelCity Council HearinglCity Cauncil Staff Report�8-27-09.doc Staff Repart ZOA 09-144 Page 5 of 6 August 27, 2009 City, particularly on EI Paseo. The following phatos demonstrate the look of signs . i�luminated by an external light fixtur�: .�; _ �� '�• , . , �� G�#��, i �� i � ' �. � ■i � '� .� . �� -, � �� - � � _� �� # ,�`l ' � ,, �� r � . ��`�� ._•G �� " �}�� The overall goal of the signage ordinance is to allow for businesses to ha�e proper signage without the signs appearing as an ad�ertising device. These iwo lighting options can provide night time �isibility for wall signs with minimal light pollution. Of the two options, staff recammends that the City Council allow reverse "halo" lit letters because it provides a clean light that is more G:1PlanningSTony BagatolSignage OrdinsneelCity Council HearinglCity Council Staff Report 08-27-69.doc Staff Re�ort ZOA 09-104 Page 6 af 6 August 27, 2009 elegan# in appearance and can provide night time �isibility for businesses facing the freeway. The . draft ordinance has now been modified and reads as follows: H. Signs facing the freeway: 4. All signs facing the freeway shall be either re�erse "halo" lit or nan-illuminated incfi�idual letters; and Conclusion: Staff has researched the issues the City Council discussed at the last meeting regarding the prapased signage ordinance. For freeway signs, staff is recommending one font type and colar, except far registered federaily trademark signs, 16" lefiters for muiti-tenant signs and reverse "halo" lit letters only. Staff has removed the Creati�e Sign Section as directed by the City Council. Submitted by: Department Head: �� x �� ^"��C ��-:�� Tony Bagato Lauri Aylaian PrFncipal Planner Directar of Community Development �''�'i�'�'�"�#?'Xf�'�;��7�' �,r�a��kk.� ��.r,r�tir.� Appro�al: RCG�:IVE� f?'�'�IF,� '� � � '�.��- �'1�;�'�T�x�� '�`,� '�- Q } - - - - �t'�f�Sf �� {�� '�� John I�'. I�Vohfmuth �`f}Z�,�; City f��nager �,��+,�� ►�s�r�►r�� r��[��n ��: }; 1'�� 9e �A''�':[�� }il�':�+;:C�i�lc�`. �'�*� '�C'u��+'.�'�.FJ�i{'_�? I} By Minute Motion, requested study 2) Waived fur�her reading and passed Oxdinance of the issues of both a-frame and No. I190 to second reading, as amended, to pedesCal signs for rEtaa.7,ers in allow halo backligh�ing on freeway froneage arder to bring back a future re- until 11:00 p,m, on1y, 16-inch letters, with- cammendation for possible amendment out the creative sign. provision, and one single tio the Sign Ordi.nance, w�th any fon� s�.ze. of them being used presently for 3-I (Kelly NQ, Fergusan ABS�NT) customer attractian aZlowed to remain until study comple�ed. �--0 (Fer�uson ABSENT) G1PlanninglTony Bagalol5ignage Ordinance5Cily Council HearinglCity Council Staff Repor108-27-09.doc {� '-'�t,�•.',`1";y i'r' ,: , � * �"'��``'�'��+' � �� w ��' ":'�,3+�� •`-�{ � '� �,'�G-ti�{�ti'��„`��, . t I i i � � �, t ' .`��•ti�..�• 'k`:��: i ' y�-v ,f 1 lyy' � �,�;,� ;��:}��..� .. �� ' , ��,i�i'��'�`'�'.{F��:#�?`�.�, I r , I ;�. . �F�� t ks�� '� �:• � �� `� x�� `'' ��.+. €' I' I �.��`►�'� �d��'*y�`Fi � � I �� I '.�� I F '�� 1�4�� .+ � ��Y��5�i'['F�4Y�rt +rt'�� ' V� �,��r }� �� "7r'��'��k�a`' �'� � �Y � � ��*lL;.�yT a 1 �.'Fii y: 1l '+��'�k�� ' i {�h�� ia�'FF I �_� ,`� __.— .. . .��t��4' ��_ _—l� — :"�T- � ' �irt�.��.r,k� � S� �� . 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ORDINANCE NO. 1190 EXHIBIT A CHAPTER 25.68 - SIGNS 25.68.010 — Intent and Purpose 25.fi8.020 —Applicability of Chapter 25.fi8.030 — Sign Permit Application and Design Review Required 25.fi8.040 — Exempt Signs 25.68.050 — Prohibited Signs 25.68.060 — G�n�ral Pro�isions for all Signs 25.G$.070 — Permanent Signs 25.68.080 — Standards for Specific Types of Permanent Signs 25.68.090 — Temporary Signs 25.68.100 — Comprehensi�e Sign Program ��.t�8.-'��-Q �-��f�ie��}�s 25.fi8.'��'1'I� — Nonconforming Signs 25.68.��'��— Abandoned Signs 25.fi8.1�0� -�Abatement of Illegal Signs 25.68.15fl 1�� — Penal#ies 25.68.��-1�0 — Definiti�ns 25.68.0'!0 — Intent and Purpose A. This Chapter is intended to implement the goals and policies of the general plan, particularly with regard to de�eloping a city that is visually attracti�e and preserving and enhancing the visual aspects of #he city's streets, highways, vistas and �iew sF�eds. B. The purpose of this Chapter is to: 1. Provic}e each sign user an opportunity for adequate identification while guarding agains# excessive advertising and the confusing proliferatian of signs by regulating the time, place, manner, and design quality �nder which signs may be displayed; 2. Ensure signs are in harmony with the bu�lding, the neighborhood both existing commercial and residentia! or existing or proposed residential comm�anities and, other signs in the area by eliminatir�g sign clutter and pramoting compatibility, proportion, simplicity, design quality, and sign effecti�eness; and 3. Protect the safety of motorists and pedestrians by minimizing the distraction af exce�siVe, intrusive sign�, as well as �o protec# the life, health, pro�erty, and general welfare af residents and visitors. :a ORDINANCE NO. 1190 25.fi8.020 —Appficability of Chapter A. Signs aflowed. The sign standards pro�ided in this Chapter are intended to . apply to all types of s�gns in all zoning districts in �he city. Only signs authorized by #his Chapter shal! be allowed. Signs erec#ed illegally shall be abated in � compliance with Section 25.68.1��4a (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 am�nded to govern �he new zoning district. C. Sign re�iew criteria. The sign review criteria specified in Section 25.68�030. D (Design Review Criteria) shafl be used by the applicable re�iew authority during the design review process to ensure that signs are well designed, compatibie wifih their surroundings, and do not detract from the o�erall �isual quality of the city. D. Nonconforming signs. An existing fegally permitted sign that does not conform to the requirements of this Chapter shall be deemed a lawful nonconforming sign � and shal� be subject to the requirements of Section 25.6$.11��0 (Nonconforming Signs). E. OfFicial signs. Nothing contained in this Chapfer shall pre�ent the instalfation, construction, or maintenance of official traffic, fire, or police signs, temporary traffic-control signs used during construction and maintenance of utifity facilities, and substructure location and identification sigr�s required to protect these facilities, de�ices, and markings of the state Department of Transportation, Director of Community De�elopmenf, City Council, or of other competent public authorities, or the posting of the notices required by law. 25.68.030 — Sign Permif Application and Design Review Required A. Sign permit applicafion. It is unlawful for any person to place, af#er, or to permit the placement or alteration of a sign, including painted signs upon any property without first obtaining a� approved sign permit application from the �epartment of Community Development. Signs that are exempt from this requirement are listed in Sectian 25.68.Q40 (Exempt Signs). B. Application contents. Applications for sign permits shall �e made on a form pro�ided by the Departmen� of Community De�elopment and shall be accompanied by a fee as established by City Council resolution. The application shall provide fhe information and material specified in the Department's handout for a sign permit applicatio�. The applicant shall also provide a signed statement from the property owner or authorized representative that the owner or representative has re�iewed the 4 ORDINANCE NO. 1190 proposed sign(s) ancf approves of the praposed sign{s) and their location priar to submittal of the sign permit appiication to the City. C. Design re�iew required. The following sign types and sign programs shall be submitted to the Architectural Review Commission for appro�al priar to approval of a sign permit application: 1. Freestanding signs (monument signs}; 2. Comprehensi�e sign programs in compliance wit#� Section 25.68.100; I ��; :;��#s�u� ��nr�c��fi7�G��+�:��-s��l�; �-�:r-.#i�>��5�:1 �{�:�; � �:' Indi�idual signs for any building with more than 100 lineai fee# of building frontage facing a public or pri�ate right of way; and � �4, Any sign that the Director of Commurtity De�elopment determines should be reviewed by the Architectural Re�iew Commission due to the unique design, contex�, 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 re�iew criteria provided be�ow. The design criferia shall not be construed or applied in a manner as to �iolate any legal rights bestowed by state or federal law. The reviewing authority shall find: 1. That the sign is necessary for the applicant's enjoyment of substantial �rad� and praperty rights; 2. That the sign is consistent with th� 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 ar�d will ha�e a harmonious relationship to the building it identifies, the surround�ng neighborhoods, and other signs in the area; 5. That both the location of the proposed sign and �he desigr� of its visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) are legible under narmal �iewing conditions prevailing where the sign is to be located; 6. That the location, heighf, and des�gn of the praposed sign does not obscure f�om �iew or unduly detract from existing or adjacent signs; � ORDINANCE NO. 1190 1. Political signs in compliance with the provisions of Subsection 25.68.090 C; J. Directionaf and pubfic convenience signs for public and quasi public uses. The total number of signs allawed shafl be based on the minimum number necessary far adequate public identification as determined by the Director of Community Development; K. Utility or telephone pay station signs; L. Bingo signs, pro�ided fihat said signs shall r�ot exceed a maximum three square foot in area; not installed mare than 48 hours before the e�ent; and remo�ed immediately following the e�ent; M. Lottery signs for a business licensed to sell California State Lottery tickets shali be entitled to one window ar door mounted lottery decal five and one-half inches by fi�e and one-half inches and no more than one specific idenfiification 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 pri�ate property and shall not inter�ere with pedestrian mo�ement. Signs shall not flash, move, blink, rotate, or appear to do any of the foregoing. 25.68.050 — Prohibited Signs � The following signs, dispfays, and devices, as defined in Section 25.68.15�i0, are prohibited in the city: A. Adver#ising devices; B. Awnings that are back-lit {internally illuminate�!) so that the awning rac#iates light; C. Business and identification signs that mention more than iwo goods or services sold or available on the premises; D. Cabinet or can signs that are internally illuminated with translucent panels that allow th� entire sign background #o be illuminated. Signs with internal iNumination 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; i ORDINANCE NO. 1190 and so or� for each sut�sequent 20 percent reduction. For �xample, if the maximum size alfowed for a given three-color sign is 'I O square feet, then the maximum size allowed for a five-calor sign would be 6.4 square feet: . sa�io X {�o X $o�io�. ;� - ��--��•�;r•,��+f#�—�e�tfc��a 2��,F'-�8- :�1�'��-��#�� c��a�}, �I� �4��;�.��,��;-��l�v��E�a�s,s�ie�� , r�xiu�e �€�e-��i--�i� F��et��o� �if �{�.��e��#+��r�� +�,.�+ +�,�, nr�pos�i si�+-�s--�si�a#de�� +t�s�� , s�sr-�es�C,�-�r�,—o�f�l#�e� ��+Fc�cs�v��•n ^.�o�i'n� ��18 f�F��c��--��,f{�d-�r�-��t�c�� :�8�,� �C�_ L. Illuminated signs and lights. The following standards shall appiy to a!I illuminated signs: 1. All illuminated signs shall be designed with a dimmer system to a�oid undue glare or reflection of light on private property in the surrounding area. 2. Externai light sources shall be shielded from view and directed to iNuminate only the sign face. ,� � �f� �� ;� � � R �� r.�� _ -_ . � � �.. .►.. �f .�.�= 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 andlor a registered trademark or logo. 4. Reflecti�e-type bulbs and incandescent lamps shall not be used an 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 re�iew period during which time the Director of Community Deveiopment may determine that a reduc#ion in illumination is necessary due to negati�e impacts an surrounding property ar the community in general. In addition, and at any time, the Directar may order the dimming of any illumination found to be excessie�ely bright. �� r fj� — .'�.. cq 4} _ N . � � L � � � � �j � � � � � N C � N ,�., � � ti�' .0 � � � C QJ +n t � U �, fl} � � 2 ;,,, m .N; � N ° �� o ca �� o .��'� � c �� o � �f: '� � �; o d � cc°.� � � •U -� � c°oo, � ;� � .� V. c°oD, � � a� •� .� c c� ��n v' ' . �,p � � . q) � Q fn ia � �cn N f!J t {��.� t:. N I — �� '� Ci � � � � H � � -�;� C� � � � �>, � ' � � — � — Vi � a� 3 � � � � � � ,� ,� a� .� � ,� � so ._ � � i� u� _ Z �.� m c -� •� O i�.�; O 'u� � ' � N �V� � � C � c � [G J +'� � s ro .c a � �� OC � � a�i � .� a{°i � s (~f) � � ° � ,;� � ° � L � _ � � O � N m O C N � � � .� � � W 0 Q .f�� C � f6 .� C 3 O � '� C p d3 Z' f C � CO ._ � "� • � � � � '[3 C � � a J irt� ° -� �� v a�`� = �m 3 a��i � � � � � � � � � � o � Q L � � v� � o -ar ,� � o � a� ' � � V � � i �+ � N � C tn � W +� �.• L � Q i� N (� O � t0 � f4 � �.a3 N �4 � � C � C C Q) U , �j � � a � � � .L O N ,��.. f6 � N � � � C � � j�� Q �° c v�'i 'v��s' o 0 ov �� i m � a c °� � � W � � a� x � c� � � � • � � o�t � � � ,� � � � -� x c� eQ'. � � .�� x � � �,.°ca � rvL '� 3c4 � cc c� .Q a� � ra � � u� a � u, � � ca rn \ � .Q � � � �� o � V � � � a� �,� � Z � p � � 'v� mv � �, �. � 0 � 3 � � � o '� �, � � _ � w � � Q � .� � � �N � � � � � � � � � � p � � � � � � o � JL J � � ,�° � a � � � � ;� �! o c o �� Z '� � � � o � E � r � ; � �� v) � U �'u� � � Z V7 I� � � � o � � w i m � [� a m � � � — Z i af � Z �u�i o0 c N .� � � � � � � No � �na � � '� � •`--' m � �' a�s � 0 O � � � Q •� ;� � � •� ;� � �� 3 � e � � � � � 'u��i � � c� a� � w , � � � � � �k � � �� i�� OR�INACNE NO. 1190 c. Signs shall be placed on pri�ate property in a location that does not impede pedestrian traffic flow; . d. Signs shall not include extraneous verbiage advertising the business, speciafs, or sales e�ents; ar�d e. Signs shall be removed when the business is not open for business. 3. For businesses on EI Paseo between Portola Avenue and Highway 74, the fol�owing 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 flarescent colors; black and white will be considered colors and sign shall not contain extraneous decoration; d. Signs shali be mounted on a �edestal 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 wifih one side facing the freeway shall be entitled to one sign on the freeway side of t�e building in addition to other allowed signs for the front of the building, pro�ided the freeway facing sign complies with the following requirements: 1. Signs for single tenan# buildings shall be limited to 50% of the tofial sign area allowed on the front of the buifding; 2. Signs for multi-tenant buildings, indi�idual business signs shall be limit�d to a maximum ofi 16-inch high letters; 3. All signs �acing the freeway shall use k�l�ci� f��,�t ��rr��: ��;rn�r�d ��tl}ic T � �}r�r�;�; ��ac��—��.��M�cii�i71, exce�t for federal trademark signs, ;��7�1 a r �_.,.,.,_�_ c��t�l�=��i}�Kc�t:�; �;1�-J 4. A[I signs facing the freeway �13di.1 t�� it��i� r�ve��:_'}7.�t��" lif c�r r�.r��s- i�ILrfT?II��•'.�F� �;Irt��l=. r1� r�f��-;I�tii�r�i��;�� indi�idual letters��c:�:�� • ��c� �� ORDINACNE NO. 119Q � �. f�J� �u�b�, s1�.5U�dIS Gll_ 4]�li�fl� :11J17!l��is r�; ;��z�-k..t.��_kF�c�_�i�i��t��:_�Il:;v�'�:t., I. Directional signs for courtyard or plaza businesses. Where commercial . buildings or complexes are designed to cantain tenant spaces oriented to an interior courtyard or plaza and where the princEpal 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 directianal sign shall group the names of businesses and/or principal services to be found in the courtyard or plaza subject to th� following standards: 1. Signs shall be located at major pedesfrian 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 architec#ural and landscape design of the b�ilding; and 4. Signs including supports shal! have a maximum width of four feet whether wall mounted or freestanding. J. Attraction boards for theafers and nightclubs. In addition #o the principa! sign area, one attrac#ion board to ad�ertise r�ightclub 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 �ased to advertise rates or prices of attractions. K. Restaurant menu boards. In addition to the principal sign area, a restauran# may ha�e one sign on a wall or window displaying the menu andlor daily specials. When a restaurant is set back more than fii�e 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. Gasaline service stations shall be limited to those signs appraved by the Architectural Re�iew Commission as a part of their action on a conditionai use permit andlor amendment thereto. Service station signs shall not exceed the follawing limitatior�s: 1. One double-faced freestanding monument sign not to exceed 24 square fe�t in area or not to exceed eight feet in height, and advertising only the name of the compar�y; 2. One 10 squar� foot maximum wall sign advertising the company name andlor operator; and 36 ORDINACNE NO. 1190 achieve s�aperior quality design, and wili more fully accomplish the purposes of this Chapt�r. G. Revisions to Comprehensiv� Sign Programs. The Director of Community De�elopment may approve re�isians to a Comprehensive Sign Program if the intent of the original approval is nof affected. Revisions that would substantially deviate from #he original appro�al shafl require the app�oval of a newlrevised Comprehensi�e Sign Program by the Architectural Review Commission. �x.S�.�"!'�0 - �fcat��e �� . ��po��.-�=<<�e��r��ese��r�# �k��a#+v�-��-pr��s�-��e--�r��ide��ia �ar s�g�s- ��i�r� �r� ��q�:�e..��,�,�,-�,��-�a{��oa�a--�d-�s�---�#-�r�ra�er��t�--a�c�--�e �>r��d� •��-�•�e��v��r�e�s�er�+e ,�pp€i��T^�^n--��.�;�re��l,�#�o��--��e�+�� c;r�#er-ia-��--�r��#�a-,si�s��p��ai of-a ��ea#+v�.��g�-�a��+�c��y +� �#,��r�s ��c��k��+�i��e�-��-t� �, . r�l;�-��4�.��E��ie�;�^��,��o+��s; ��-��#�e�,-�r o#�ie��s�es��-e�-�+�s�v��Frir+ t��•�,ec�i��; �� F��FC��]i�F#lf�: �}��I-�r1A��f f��}k�`S��r,r1r..ti�ol r.f .�� .��_��+F34� �:ar��e� �h� �re,��ra�Eg�,�e�tion #�� a��i[no��-si�ev�agn--ar-��-��#�r t F�?3��3�E7V I��#�#f�crf��i��-�'.x�?J�}��-�',-��'�i.,,,,l�"r';��?��f'1��-C�`��.�'--�`��E` �E}{��3�'�cii��r �`�; R�vi�w ��+��k+��R��. A :;ie}+��-��r�i�a-�.�,wK+c��-� ;�r��-�r��i�r��Pfc�ar�...s�� a��rc��f•�ay��rr.��s��+�aa�v+ew��:a�r��ssfc�� . ��4p��a#+e��-�q„��s.��f� ��i��r-�e��a,i#-�� s�k��l��i�e�vv��k�e �R�e�t� e#��-�e►rel�p��e+�t-�r�r+�i��r��w+�#� ��+�:�-{��i�� 'i�fi 1��7��5/J�I�T�T'�T 8il I�I �: D��-�r��f�ar-I��r��F��+e�+e��#o��i��T�k�i�e A��i��+,�2� F��o��r�+�a�s#��re �a��-P��s��r �ig�+s-r+��t�i� �oalawi�g�1es�•��t�� 1�_� D�s�is��s��-s�gr-��a�sa�a+�-�N-e#•�Y�e �o�l�w��ls�e��s! �`lonain CfhYli+ Y'�6t�ir�`i r�ir r�, -�"I� �--��4S��IF,�f'��-6�i'�$��()�;$� �}� "'�Cr�]�#�.�f �.� �,*��'�,�} rir �YiL��rt�ir+ n�r nrnn}pr ri#�� i s_i��4 Y. �-�C�„�',��yf r��'��1riY• th i�rrs �� 'i7�r�"��rll-pTl��V1Tf'�f7Tr��fF�V� .� 1' ��. €��r�r��ive�--��es�#��e��o##�k�e�uso v��aa+��l��e�e�•��-t��- ��_ !1�'��i��:�t�€f�� C;flt�fF:�: T�I� SIE]I� ��I�= ��S ORDINACNE NO. 1190 `t�'�. �=�iF;r�;='. t}I�aft1' f' 21 ' / ''r' -'� ••� ` + - �{,`.—;� ��c�ll�s�.`��1[�:; �1:1� ��i+_ F5 .I.,- , . l V G� IL�lii��.-1� ��:"Lf's.��'I{�.{: f14, '"il'F�'F�i'��ri��, 4 �3f1r_ �1 �x��'- I�)�i�d#:�;-.i�..l ;:i� i{J{�IC.;L;'..��}C;t��l(3f1� Fl� .r.{a;��kf��i �f=�� Sil�; C}5:'frsi�i!I.;;r:.�E:{�;;{-'r4z�{:'�� :��ilc�tf��'��-f��-�rer -�r�--��i+�es�+a��K ��+��s�c��+�-�:a#-#�--�a��. �.- �,:��e�c��e��a-��s€�I� ,3. ��1� �r, �c;t��-��r�,{��#� w�#� #J�-�#��c��k�e��-r€��is��a�ed�r �?- -�:-�?�� l�� re��-��y+•a��h�#e��--e��r+e��f t��t�E�c#�i��;-�nd �. f��pe,�t t��,� a�d� �p�op�+r��.Q,Te# ¢�r�e�� 'a� s#��r�-a�d�i��as�� : - ��a�i��.-A{�pr�u�l-�a-�e��}„��2��a#�: 1 , ,A�.;�f;��i:� t�� _;s�-��-�Fc��p��ak�i�+��d-�� I�I,��p*�-;-� �. r'Y{E�itAf��' �r��'—'S{t�C I L'F�C�C' �V '��"��57"7#�� 4��Ct�' i7��'�'l'��{��L�� .- - �'+��I��pp�ou��-�r�-�p}s��ie�€e�a-�re��i��-��a�••feflc��+}r+� ��g�.�s��l f�e��,�� . �esi�+�-q�}aG+� �.— �#�s�(s}�rc�s��#�t�-��s#�+��st��t�i��r�ae^+ +� ��rei w�l I k��-a{�s�i�t��v�-s�a� �r��ra�t�t� �� .�r��+�-�� ; ��e� �s�C-,�F� —I`e'r�-��4-�J��kC,�k_��{�$�I�F��F ��iE� �' � i+S,� ,��...��. �# ��1�3��#�+��g�r�t€e�,-•i+��+u�5��#��+�;�d k'.'.�':1�T��'�'}fi'+Y'f��4'�5�� „'7'�`�1�F� f'.�+�rnn#r.5r'LSyr��T��S+tar�f �-��s�,•��ale�.�� , ��a�;�s��€e� ��. �:��I ��r��k�-�+g�{-s-}-�-a�� #—lea�� ##�e �a�Eo�� I"F'1�fl��'i'. a= -��+::�4ri��r�r��;��a�;�:�7-::#-�r€�; r�, ��r��3#��,��-�a��:�E,�?��E'c;��c��1C} !:��r'r'�f�� .�F k�F�.�i:i��{{"�;i�i,�ak�CikP{ ts� �f�7� ��}��}�; t{f �`��#��E#+v��"�-s��k�-C�#��+��r le��#�r,� �,�««,�,�� ORDINACNE NO. 1190 _ . 1 4�"l"11 S:}�L:'Li�f�f �31 f{Tf��, �_ lJt�li{� �r' �:aa'�i��}�,��{G��..�;F�:��tit��:��-�� 4�+i��r�74� c:>f.r�.��..��rf1Y��e;;-,��t� ��-�I�s�t'�+��-��Ic�� k��-�+o��--�+��e�e��r��#��e�s�t� ��f�x�k��-b��l��'�#a��ve��+�y�C�ey�sr�k�i��l��e�s ��d �e�a�a�,�� t�,�d�, �, F��ris€�r��-��E�r�-SM�� Rra�f�rt��. ��k�i#e��r�E�-R�+��a�s� �k��l��,p��rc��e r�vk��►��++��-�Fc�-�++��e�� o#-��-��s ��U��#ec��c�_ � 25.fi8.1`i�0 — Noncon#orming Signs A. Lawfu�ly permitted nonconforming signs. 1. LawFully permitted or�-premises sfgns existing at the time of the adoption of the ordinance codified in this Chapter on #hat da nat comply with the requirements of this Chapter shall be de�med lawful nonconforming signs. 2. Nonconforming signs shall not be expanded, e�ct�nded, rebuilt, altered, or recanstructed in any way, except for normal maintenance or to protect public safety. 3. It sha�l be the express responsibility of the seller of property or a business to ad�ise the buyer of the pro�isions of this Section relating to the removal of nonconforming signs upon the transfer of ownership of a business. B. Lawfu! nonconforming signs to be remo�ed. It shali be the responsibility of the business owner, sign owner, or property owner to ensure compliance with this Section. Nonconforming signs shall be removed or made to comply with the requirements of this Chapter as follows: 1. Wit#�in 30 days of the issuance of a sign �ermit application for a sign on a property on which a nonconfarming sign(s) exists. Prior to the issuance for a property on which a nonconforming sign(s) exists, the appl�cant ar owner shall fi�e with the city an irre�ocable bond in the amount of $10,000 to guarantee the nonconforming sign(s) shall removed or made fio conform with the r�quiremer�ts o�this Chapter with�n a specifie� tirne; 2. Upon the transfer of ownership of#he business; �� ORDINACNE NO. 4490 3. Upon the altering of the nonconforming sign or sign structure in any way or the addition of new sign(s) ar a new sign structure; or 4. After 90 days of the discontinua�ce of a business or before a new busir�ess occupies the building, whichever cames first. C. Nonconforming signs maintenance. Except for normal r�pair or mair�tenance not exceeding 5a percent of the value of the sign, nonconforming signs shall not be modified, altered, mo�ed, or replaced except in compliance with the requirements of this Chapter. D. Lawful noncon#orming ofFsite signs {i.e. biflboards}. Nothing contained in this CF�apter shall be construed to limit the ability of an owner of a lav►�ul nonconforming off-site sign (i.e. billboard) to periodically change advertising copy. � 25.68.1��0 —Abandoned Signs A. Removal of abandoned signs. 1. An abandoned s�gn or an abandoned nonconforming sign shail be removed within 30 days by the owner or lessee of the premises upon which th� sign is located or by a persan, organization, or other entity that directly or indirectly recei�es a ben�fit from the information contained on t�e sign. All wording advertising or relating to the discontinued business shall be remo�ed from all nonconforming signs. 2. A sign frame or structure that has been abandaned shall be removecf within 3Q 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 fic�e 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 De�elopment shall send the person responsible for a sign presumed to be abandoned an Abandoned Sign Notifica#ion. Failure of the person to respond within 30 days to the Abandoned Sign Notificatian shall serve as prima facie evidence of inter�tional permanent abandonment of#he sign. �� ORDINACNE NO. 1190 25.68.1��0 —Abatement of Illegal Signs A. Enforcement au#hority. The Director of Community Development shall be the . enforcement authority for this Chapter. B. Abatement of illegal signs. The Director af Community Development shail not permit, and shall abate, any sign within the city that fails �o meet the requirements of this Chapter or ot#�er ap�licable law, inc�uding 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 remo�ed within 10 days. Upon receipt of this notice, the owner or user of a permanent sign that is de#ermined to be fllegal does have the right to file an appeai regarding the decision or notice within 10 days thereafter to the City Council pursuant to the provisions of Chapter 8.20 of this Title. � 25.68.14�0 - Penalties A. Violations of any of the provisions of this Chapter are infractions andlor misdemeanors punishable as provided for in Palm Desert Municipal Code, Section 8.20.02a(L). B. If the instaliation of a sign is commenced prior to obtaining an approved sign permit applica�ion the applicable fee for a sign permit application shall be doubled. � 25.68.1��0 — Defiinitions The following words and phrases s�all apply in this Chapter: "Abandoned sign" means a sign that is advertising a use that has ceased; is lacated upon a structure thafi has been abandoned by its owner; does not identify or advertise a current bona fide business, lessor, service, owner, or product a�ailable upon the site; or tha# identifies or ad�ertises an e�ent or acti�ity that has occurred. "Advertising device" means any balloon, flag, pennant, propelfer; oscillating, rotating, pulsating, light; or other contrivance except a sign used to attract attention for the purpose of�romoting (either di�-ectly or indirectly), the sale of products of any person. "Advertising display" means any de�ice, contrivance, statue or structure other than a sign used as a di�play, regardless of size and shape, for the purposes ofi attracting attention or making anything known, the origin or place of sale of which is on the property with the advertising display, �� A y MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 20Q9 Mayor Pro Tem Spiegel had the same concern as Cocancilmember Benson � that a lot of homes were being rented on a two-, three-day, two-, thr�e-week basis without permission, and he did�'t know how#o put a stop to it. Mayor Spiegel called for the �ote, and the motion carried an a 3-0 vate, with Ferguson and Kelly ABSENT. B. RE UEST FOR APPROVAL, OF A ZONfNG ORDINANCE AMENDMENT UPDATING AND REVISING PALM DESERT MUNICIPAL CODE SECT�ON 25.68 - SIGNS Case No. ZOA 09-104 {City of Palm �esert, Applicanf). Principal Planner Tony Bagato statecf the request was for appro�al to update the Sign Ordinance, Chapter 25.68. Some of the reasons for the update were that the Ordinance was originally adopt�d ir� 1975,and there have been piecemeal updat�s since then, which led to an inconsistent dacument of t�e Palm Desert Municipal Code. In 2007, a Signage Subcommittee comprised of staff and busin�ss community mem�ers was formed to address the outdated standards. The Committee addressed some of the wording that was lengthy and unclear. Real estate signs were the first issue t�at came up in 2007 from the business community, because the standards were outdated and taa restrict�ve. Staff also had problems with signs facing the freeway. He said from a real estate standpo�nt, the issue was that many of the commercial Realtors were held to twel�e-square feet if the building had more than 200 lineal feet of frontage. However, the smaller buildings on Fred Waring were held to a three-squar� foot sign. Mr. Dick Baxley spoke o� behalf of many commercial Realtors in front af City Council, and he stated that the curre�t standards were outdated and too restricti�e. The subcommitte� went out and tooked at some of the signs that were ca�sing s#afF concern, like tf�e ones that were showing up much larger, and also the ones witFt "riders," which are the add-on pop outs outside of the sign area. He said this type of sign intends to draw attentian to the site. He displayed a few samples with up to three "riders" for Cauncii to view, stating #hat due to the downturn in the economy many more signs were a�pearing,which was creating clutter. The Subcommittee came up witf� a standard of a or�e two-sided sign p�r frontage, w#�ich was the sam� today. However, the Subcommittee was fooking at increasing the size from a three-square foot to a maximum of a six-square foot sigr�, no matter how much of a frontage ther�was in front of the building. He said the maximum was six-square fee#, which was the same standard today. He said no riders would be allowed outside tf�e 16-square foot radius, and a "ride�" could still be used, but it hatf to be w�thirr the main square and nat be sticking outa He sa�d sign� could not be illuminated,whicF�was the same standard today. Freeway signs came up when the Ci#y reviewed an Architectural Review case where a mult� tenant business awner asked far his sign to be located higher in the building fo� adve�tising. The ARC denied that request and instead recommended that �� 'r MINUTES REGULAR PALM DESERT CITY COUNCIL MEET�NG JUNE 25, 2009 the signage be next to the roll-up doors,which was later appealed, and again � denied by tf�e City Council. However, the Applfcant was in�ited to be part of tf�e Signage Subcommittee to help the City come up with new standards facing the freeway, �ecause pre�iously there was no standard for ill�minated signs. He displayed signs w�thlwithotat il€umination,i.e.Costco,ClosetTailors, Kelly Paper Store, and �esert Gateway. Taking all the samples into cansideration, staff came up with a proposal of a 12-inch high lettet'ing with clean font style. However, a�t,��going through the Signage Subcommittee and aft�r the initial discussit�.r.l�r and appro�al of staffs recommenda#ion, commercial brokers still felt it was too restrictive. He said they preferred to have larger and iHuminated signs. Staff went to the Planning Commission and it agreed that '�6-inch high letter�ng can be the maximum allowed, depending on t�e length of the name. Staff changed its recommendation to a '!fi-inch high lettering from a 12-inch high lettering. However, it was still recommending non-illuminated signs to address City Council's concern from - previvus meetings. He noted the business community was still seeking some 6°�.�=�(ype of illumination. Councilmember Benson asked i#all the signs had to be #�e same. Mr. Bagato respondec! that t�e sign had to be the same size, bu# not necessarily the same font. Mayor Pro Tem Finerty stated the Subcommittee had i�dicatec!that the signs had to be a specific#ont, and she didn'�know where it got changed to a clear concise font. She asked if a picture was a�ailable of what was presented to the Planning Commission on the 12-inch versus the 16-inch lettering. Mr. Bagato showed a copy with a boxed area to indicate the size. Mayor Pro Tem Finerty stated she would like to see a sample with a 16-inch high lettering. Councilmember Benson stated she would like to see th� same print on the back of the buildings. Mr. Bagato stated i#was discussed in the Subcommittee,and the trouble with identifiying a clearfont by Code was problematic because of copyright codes, especially with trademarks, and for�ts' changed all the time. The City required that multi tenant businesses �rovide a sign �rogram in this r�ew Code. I�there are more than three tenants, the new Ordinance will be a too) for stafF because they can re�iew the actual sign program for each business/property owner, and they will need to identify the font type for that building. Again, it would be problematic by Code if it's identified by type, because if#he type changed, the Code would have to be changed. 1� � MINUTES REGULAR PALM DESERT CITY COUNCiL MEETING JUNE 25, 2009 Mayor Pro Tem Finerty responded the Code wo�tld then have to be changed, � because the Cammittee spent a lot of ineetings looking at different fonts ancf signs, and it was clear about the font. Cour�cilmember Benson agreed,stating she wants to make sure the font was in the Ordinance, so#hat the City didn't end up with some squirrelly ones and others with block letters. Mr. Bagatv said the Ordinance states the Applicar�t needs to be clear and not use a high-contrast font type. Staff could work with the wording that properly identifies what the City Council was looking for and work with the Applicant without specifying a certain font type. Further respondi�g about the lighting, he said staff was propasing non-illuminated sigrts. Mayor Spiegel commented that almost everyt�ing was ilfuminated at night. Mr. Bagato agr�ed, stating th�re was a concern that past signage was leading to an unpleasant look afong the freeway. Mayor Spiegel stated he thought the lack of maintenance of the freeway with regard to shrubbery was more ur�pleasant. Mayor S�iegel declared the public hearing open and invited anyone who wished to come forward to speak on the subject to do so at this time, No testimony was offered. Mayor Pro Tem Finerty suggested continuing this item �ecause she needed to see a picture of the 12-inch high lettering versus the 16-inch hEgh. She aslced for staff ta provide a demonstration of both fonts using the "Closet Taylo�"signage as a sample. In addition, the Planning Commission voted ta not ha�e "Creative Signs" on a 4-1 �ote, but stafF again decic�ec! to recommend them anyway. She said the Subcommittee was very clearon not wanting creative signs because the City would then look like a circus, yet staff rerommended creative signs, which could be 20% larger despite an increase in size from 3x4 to 4x4. She requested a continuance until the Counc�l r�ceived a different staff report and a sample of the actuai letters of the for�t size. Mayor Pro Tem Finerty maved to, by Minute Motion, to continue this item to the meeting of August 27, 2009. Motion was seconded by Ferguson. Mayor S�iegel stated he wauld like to r�visit the lightir�g ot the signs along the freeway, because abviously at nig�t one wouldn't know what's there if nvt illuminated. 2� � . MlNUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 Mayor Spiegel called for the �ote, and the motion ca�ried by a 4-0 �ote, with Kelfy � ABSENT. C. REQUEST FOR APPROVAL OF AMENDMENTS TO THE CITY 4F PA�M DESERT ENERGY INDEPENDE[VCE PROGRAM {EIP) ADMIN{STRATIVE GUIDELiNES. Mr. Conlon noted the staff report and outfined the following five items staff recommended to be changed: 1)A Consent Agreement was required on all loans $30,000 and higher. The bank or the holder of the �rst or second trustees has to sign a Consent Agreement as a conditian of the loan; 2)The maximum EIP contractual loan not to exceed $10Q,000, wt�ich will aliow the City to serve more people w�th its �ariable loan funds; 3) The solar CSI rebates, SG[P, and Set to Save rebates can be deducted from the amoun# of the loan. Th� homeownerlproperty owner had the option of recei�ing the rebate themselves in cash or assign the rebat� to the contractor. The contractor can then pro�ide a lower bicf, and the City car� in turn fund the lower bid. The purpose of this is to serve more people with EIP loans; 4} Fifty percent of EIP funds will be set aside for e�ergy e�ciency imp�-ovements; 5) EIP applicant will be responsible for paying �he titke report and title insurance package; current fee is $364. He offered to answer questions. Councilman Ferguson said typicaily rebates were rewards for doing the right thing and not mandatory buy-downs on loans for having done the right thing. He a�so understood it �ook four ta six mont�s after the ioan was executed before rebates were recei�ed, so he didn't understand the logic behind recommendation No. 3. Mr.Conlor�responded the logic was simple, because the City had 290 people on �ts interest list for the next round of EIP fundir�g. He said the program will have$2.5 million available for EIP loans, but i#will not be enough to serve#�te people who are interested. The purpose of the rebate is to give the property owner#he flexibility to receiv� the r�bate themsel�es, so that if they wanted to buy down the laan, they could. Another option would be to assign #he rebate to tMe contractor, thereby funding a lower amount. He said#here was only so much EIP money to go around, and #he City needed to serve as many energy effrciency �oans as possible. Councilman Ferguson asked if it was nof Mr. Conlor�'s �ntention to seek additional EIP funds. Mr. Conlon stated the City needed to seek more funds, because the next round of EIP funds would be limited. Further respanding, he said tf�e next i��m on the agenda was a request for an additional $5 million for EIP loar�s, 2'�