HomeMy WebLinkAboutOrd. No. 1190 ORDINANCE N0. 1190
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE
AMENDMENT UPDATING AND REVISING PALM DESERT MUNICIPAL
CODE SECTION 25.68. SIGNS.
CASE NO: ZOA 09-104
WHEREAS, the City Council adopted Ordinance No. 1190 on June 25, 2009,
updating and revising Palm Desert Municipal Code Section 25.65, Signs; and
WHEREAS, the Planning Commission by its Resolution No. 2503 has
recommended approval of ZOA 09-104; and
WHEREAS, said request has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act",
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 hearings, said City Council heard and considered all
testimony and arguments of all interested persons; and
NOW, THEREFORE, BE IT ORDINANDED by the City Council of the City of Palm
Desert, California, that the following section of the Palm Desert Municipal Code is hereby
amended, as follows:
SECTION 1: That Palm Desert Municipal Code Section 25.68 is herby amended
and revised as described in Exhibit A, attached hereto.
SECTION 2: That the City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Desert Sun, a newspaper of
general circulation, published and circulated in the City of Palm
Desert, California, and shall be in full force and effect thirty (30) days
after its adoption.
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ORDINANCE NO. 1190
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this day of , 2009, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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ORDINANCE NO. 1190
EXHIBIT A
CHAPTER 25.68 - SIGNS
25.68.010 — Intent and Purpose
25.68.020 — Applicability of Chapter
25.68.030 — Sign Permit Application and Design Review Required
25.68.040 — Exempt Signs
25.68.050 — Prohibited Signs
25.68.060 — General Provisions for all Signs
25.68.070 — Permanent Signs
25.68.080 — Standards for Specific Types of Permanent Signs
25.68.090 — Temporary Signs
25.68.100 — Comprehensive Sign Program
25.68.110 — Creative Signs
25.68.120 — Nonconforming Signs
25.68.130 —Abandoned Signs
25.68.140 —Abatement of Illegal Signs
25.68.150 — Penalties
25.68.160 — 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 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 genera� welfare of residents and visitors.
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ORDINANCE NO. 1190
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 25.68.140 (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 25.68.120 (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 and identification signs required to protect these
facilities, devices, and markings of the state Department of Transportation,
Director of Community 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
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ORDINANCE NO. 1190
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. Creative signs in compliance with Section 25.68.110;
4 Individual signs for any building with more than 100 lineal feet of building
frontage facing a public or private right of way; and
5. 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;
5. That both the tocation 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;
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ORDINANCE NO. 1190
7. That the location and design of the proposed sign, its size, sha e
illumination, and color are compatible with the visual characteristics of he
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 ctutter.
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;
H. Governmental or other legally required posters, notices, or signs;
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ORDINANCE NO. 1190
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 25.68.160, 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;
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ORDINANCE NO. 1190
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);
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 shafl include, but not be
limited to, realtor, open house, and garage sale signs. This prohibition shall
include all portabte 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.
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ORDINANCE NO. 1190
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.
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
comparabte 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.
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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,
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ORDINANCE NO. 1190
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.
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 structurat 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,
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ORDINANCE NO. 1190
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%).
3. In compliance with Section 25.68.110 (Creative Sign Program), the
Architectural Review Commission may waive or reduce the required size
reduction if it specifically finds that the proposed sign is desirable 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 shall apply to all
illuminated signs:
1. Alt 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.
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3. Internal ilfumination 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. Reftective-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.
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ORDINANCE NO. 1190
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 shalt 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 ilfuminated sign not in compliance with these and
other maintenance standards in this Section shatl 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 etements, become non-legible shall be ordered to remain
unlighted until repaired.
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 comp�iance by filing a written notice of appeal with the Director
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ORDINANCE NO. 1190
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 shatl 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 tabtes 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. Compatible design,
simplicity, and sign effectiveness are to be used in establishing guidelines for sign
approval.
13
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ORDINACNE NO. 1190
25.68.080 — Standards for Specific Types of Permanent Signs
A. Building-mounted wall signs.
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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.
___.1 � ��.. SI�N �
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Appropriate Wall Sign Location
� � ���� �
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23
ORDINACNE NO. 1190
Not Allowed
2. Electrical raceways for signs shall be designed as an integral part of the
sign or building design and shall not be visible.
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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.
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Appropriate Wall Sign Location
24
ORDINACNE NO. 1190
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.
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Required Separation for Wall Signs
B. Freestanding monument signs.
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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.
25
ORDINACNE NO. 1190
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.
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.
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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.
26
ORDINACNE NO. 1190
D. Window signs - permanent.
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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.
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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.
27
ORDINACNE NO. 1190
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.
5. Awnings shall not contain phone numbers.
F. Projecting signs.
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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;
28
ORDINACNE NO. 1190
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.
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.
29
ORDINACNE 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 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
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
30
ORDINACNE NO. 1190
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 25.68.140 (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.
31
ORDINACNE NO. 1190
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 1 a, line of building. permanent signs are
identification 1 b or 1 c. being obtained.
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ORDINACNE NO. 1190
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.
33
ORDINACNE NO. 1190
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;
34
ORDINACNE NO. 1190
3. Signs shall not be illuminated;
4. Signs shall not move in any manner;
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
35
ORDINACNE NO. 1190
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 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 Architecturat 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:
36
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 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;
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,
37
ORDINACNE NO. 1190
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 — Creative Signs
A. Purpose. The purpose of the Creative Sign process is to provide criteria for
signs that are unique in their design approach and use of materials and to
provide a review process for the application of sign regulations and design
criteria to creative signs. Approval of a Creative Sign may modify the standards
provided in this Chapter as to sign size, height, illumination, number of colors,
location, orientation, or other aspects of signs within the limits of this Section.
B. Applicability. An applicant may request approval of a sign permit application
under the Creative Sign section to authorize an on-site sign or signs that differ
from the provisions of this Chapter, but complies with the purpose of this Chapter
and Section.
C. Review authority. A sign permit application for a Creative Sign Program shall be
approved by the Architectural Review Commission.
D. Application requirements. A sign permit application shall be filed with the
Director of Community Development consistent with Section 25.68.030 Sign
Permit Application and Design Review Required,
E. Design criteria. In approving an application for a Creative Sign, the Architectural
Review Commission shall ensure that a proposed sign or signs meet the
following design criteria:
1. Design elements. The sign sha�l contain all of the following elements:
a. Classic historic design style (ghost sign, metal, carved wood, etc.);
b. Creative image reflecting current or historic character of the city;
c. Symbols or imagery relating to the Palm Desert environment; or
d. Inventive representation of the use or name/logo of the business.
2. Architectural criteria. The sign shall:
38
ORDINACNE NO. 1190
a. Utilize and/or enhance the architectural elements of the building;
and
b• Be placed in a logical location in relation to the overall composition
of the building's facade and not cover any key architectural
features/details of the fa�ade.
3. Contextual criteria. The sign shall:
a. Be in scale and proportion with the structure where it is placed;
b. Be placed to respect and enhance the key architectural elements of
the building; and
c. Respect the scale and proportion of surrounding commercial
structures and signs.
F. Limitation. Approval of a Creative Sign shall not:
1. Authorize the use of signs prohibited by this Chapter; or
2. Authorize any sign that is more than 20% larger than that which the
signage ordinance allows. .
G. Findings. In approving an application for a Creative sign permit the following
findings shall be made:
1. Design quality.
a. The sign(s) constitute a substantiat aesthetic improvement to the
site and will have a positive visual impact on the surrounding area;
b. The sign is of unique design, and exhibits a high degree of
thoughtFulness, imagination, inventiveness, and spirit; and
c. The sign provides strong graphic character through the creative use
of graphics, color, texture, quatity materials, scale, and proportion.
2. Contextual criteria. The sign(s) contain at least one of the following
elements:
a. Classic historic design style;
b. Creative image reflecting current or historic character of the city; or
c. Inventive representation of the use, name, or logo of the business.
39
ORDINACNE NO. 1190
3. Architectural criteria.
a. Utilize or enhance the architectural elements of the building; and
b. Be placed in a logical location in relation to the overall composition
of the building's facade and not cover any key architectural features
and details of the facade.
H. Revisions to Creative Sign Programs. The Architectural Review Commission
shall approve revisions to a Creative Sign if the intent of the original approval is
not affected.
25.68.120 — 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.
Nonconforming signs shall be removed or made to comply with the requirements
of this Chapter as follows:
�. 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;
2. Upon the transfer of ownership of the business;
40
ORDINACNE NO. 1190
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.
25.68.130 —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 Sign Notification shall serve as prima facie
evidence of intentional permanent abandonment of the sign.
41
ORDINACNE NO. 1190
25.68.140 —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 instalfed 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.
25.68.150 - 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.
25.68.160 — 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.
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ORDINACNE NO. 1190
"Awning Sign" means a sign painted on, printed on, or attached to the surface of an
awning.
"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 ptaza, courtyard, or arcade.
"Cabinet sign" means a sign that has one or more plastic, acrylic, or similar material
faces (panefs) attached to a metal frame (cabinet). These signs may or may not be
internally illuminated.
"Commercial mascot" 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 ctowns, 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 visib�e 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.
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ORDINACNE NO. 1190
"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.
"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 shalt 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
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ORDINACNE NO. 1190
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.
"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.
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