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Home My WebLink AboutOrd 1218 - ZOA 10-311 - Illuminated Window Signage Sec 25.68 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: APPROVAL FOR A ZONING ORDINANCE AMENDMENT PROVIDING SIGNAGE STANDARDS FOR ILLUMINATED WINDOW SIGNAGE IN SECTION 25.68 OF THE PALM DESERT MUNICIPAL CODE. SUBMITTED BY: Tony Bagato Principal Planner APPLICANT: City of Palm Desert CASE NO: ZOA 10-311 DATE: October 19, 2010 CONTENTS: Draft Ordinance Exhibit A, Signage Ordinance Modifications Legal Notice Architectural Review Commission Minutes Planning Commission Staff Report, dated October 19, 2010 Planning Commission Meeting Minutes, dated October 19, 2010. Photos & Redlined Changes of Previous Ordinance Recommendation: That the City Council pass to second reading Ordinance No. i21s providing new signage standards for illuminated window signs in Section 25.68 of the Palm Desert Municipal Code. Commission Recommendation On September 28, 2010, the Architectural Review Commission discussed the proposed standards and recommended approval with some modifications. Staff made the modifications and presented the ordinance to the Planning Commission on October 19, 2010. The Planning Commission recommended denial of the proposed ordinance on a 3-2 vote. Commissioners Schmidt, Limont, and De Luna voted in favor of denying the ordinance because they believe that illuminated window signs are not appropriate for Palm Desert. Commissioners Tanner and Campbell voted against the denial, stating Staff Report ZOA 10-311 November 18, 2010 Page 2 of 4 that they supported the proposed ordinance, because they betieved that the signs could be well designed and controlled through the Architectural Review Commission. Executive Summarv: On July 27, 2010, the City Council directed staff to prepare a Zoning Ordinance Amendment removing the neon sign prohibition and to develop standards that would allow neon signs with approval by the Architectural Review Commission. After the meeting, staff researched ordinances from other cities to develop new standards for illuminated window signs. Staff's goal in developing new standards was to provide limited use of illuminated window signs to provide greater visibility for the business community without negatively impacting the overall aesthetic quality of the city or any individual storefront. On September 28, 2010, the Architectural Review Commission discussed the proposed standards and recommended approval with some modifications. Staff made the modifications and presented the ordinance to the Planning Commission on October 19, 2010. After discussion by the Planning Commission, a recommendation of denial was approved on a 3-2 vote. Proiect Description: Staff is proposing a Zoning Ordinance Amendment that will provide signage standards for illuminated window signage in Section 25.68 of the Palm Desert Municipal Code. On July 27, 2010, the City Council directed staff to prepare a Zoning Ordinance Amendment removing the neon sign prohibition and to develop standards that would allow neon signs with approval by the Architectural Review Commission. After reviewing other ordinances allowing neon widow signs and listening to the comments given by the Architectural Review Comrnission, staff is proposing the following standards for illuminated window signs: 25.68.80— Standards for Specific Types of Permanent Signs M. Illuminated Window Signs. All existing illuminated window signs for businesses installed before October 31, 2010, shall be considered legal, non-conforming signs and allowed to remain with approval from the Planning Department. The following standards shall be required for approval of all new illuminated window signs: 1. Illuminated window signs shall be allowed in non-residential zones. 2. Illuminated window signs shall not be combined with any reflective materials (e.g. highly glazed tiles, mirrors, polished metal, or other similar materials). G:\Planning\Tony Bagato\Word Files\Formats\StaH Reports�ZOA\Signage Ordinance\Neon Signs�ZOA 10-311 Hearing\City Council Staff Report.doc Staff Report ZOA 10-311 November 18, 2010 Page 3 of 4 3. Illuminated window signs placed within five feet of a storefront window shall not occupy more than 25 percent of the store front window area. This is the total amount of window signage allowed for all permanent window signage, including but not limited to those permanently painted, etched, or mounted on the inside of windows and illuminated signs. 4. No more than one (1) illuminated window sign is allowed per frontage to minimize clutter and visual pollution. 5. In order to minimize visual clutter and to preserve the aesthetic quality of the city, illuminated window signage shall be used to identify the name of the business, to add artistic details, or to provide aesthetic interest. It shall not be used to advertise products sold within a business and shall not include prices or telephone numbers. 6. Businesses across the street or adjacent to residential properties shall turn off all illuminated window signage during the hours that the business is closed, unless the window signage is the primary identification of the business. 7. All illuminated window signage shall be reviewed by the Architectural Review Commission (ARC). The ARC will consider and/or approve and/or take action on any proposed illuminated window signage. In considering the design of any proposed illuminated window sign, the ARC shall determine whether the sign will have any negative impact on the aesthetic quality of the storefront. In the event that the Commission determines that there is a negative impact, they will deny the proposed signage. No illuminated window signage shall be permitted or installed without first gaining approval from the ARC. In addition to the proposed standards, other sections of the Signage Ordinance were modified for consistency with removing the prohibition and adding the new standards. All sections being modified are described in Exhibit A of the attached draft resolution. Conclusion: In consideration of concerns expressed by the business community, the City Council directed staff to remove the prohibition of neon window signs and provide standards to allow them. Staff believes that these standards will provide for limited use of illuminated window signs, allowing business owners to be more creative and providing additional visibility without negatively impacting the overall aesthetic quality of the storefront. If the policy direction of the City Council is to allow neon signage in Palm Desert, then staff G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports�ZOA\Signage Ordinance\Neon Signs�ZOA 10-311 Hearing\City Council Staff RepoA.doc Staff Report ZOA 10-311 November 18, 2010 Page 4 of 4 believes that adoption of this ordinance would do so in a style and manner consistent with the aesthetic quality of Palm Desert. Fiscal Analvsis There is no direct financial impact to the City for adopting Ordinance No.121s . Any nominal increase in sales tax generated by businesses displaying illuminated signs would likely be offset by a decrease in sales tax from businesses without illuminated signs. Submitted by: Department Head: �� _�--�i--� - C �� .,- ;y�� , _ '� `--z-__ � <- Tony Bagato Lauri Aylaian Principal Planner Director of Community Development CITY COUNCILACTION APPROVED DENiF,D �pp val: RECEP�D OTHER ��E ; �l� �fd --� �. ... . _ ` � � ; MEET G DATE ��'� � ��C7'G� r . /� `f AYES: � ��7 ` ��CG E:' 7I)t/ � o n . Wohlmuth NOES: ' ty Manager ABSENT: �� ABSTAIN: � VERIFIED BY: �� E Original on File wit6 Clty lerk's Office * Referred the matter back to staff for establishment of a subco�ittee, working with the Palm Desert Chamber of Co�erce and the City's Business Community, to provide further study regarding illuminated window signage, said reco�endation to be brought back through the Zoning Ordinance Amendment process. 4-0 (Ferguson ABSENT) G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports�ZOA\Signage Ordinance\Neon Signs�ZOA 10-311 Hearing\Ciry Council Staff Report.doc ORDINANCE NO. 1218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT PROVIDING SIGNAGE STANDARDS FOR ILLUMINATED WINDOW SIGNAGE IN SECTION 25.68 OF THE PALM DESERT MUNICIPAL CODE. CASE NO: ZOA 10-311 WHEREAS, the City Council adopted Ordinance No. on November 18, 2010, revising Palm Desert Municipal Code Section 25.65, Signs; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 10-26, 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. ORDINANCE NO. 12�s PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18t" day of November 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CINDY FINERTY, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 ORDINANCE NO. 12is EXHIBIT A Section 1. 25.68.030 — Sign Permit Application and Design Review Required D. Sign review criteria. 9. That any neon tubing used 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 Section 2. 25.68.050 — Prohibited Signs G. Off-site outdoor advertising signs (billboards); H. Pole signs; I. Roof signs; J. Signs that rotate, move, flash, blink, or appear to do any of the foregoing with the exception of approved time and temperature displays; K. Signs on public property, in the public right-of-way, or on public utility poles unless otherwise authorized by this Chapter. Signs shall include, but not be limited to, realtor, open house, and garage sale signs. This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle identification signs, and permitted signs on taxicabs; L. 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; M. 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; N. 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; 3 ORDINANCE NO. 121s O. Temporary or portable freestanding signs, including A-frame and similar types of portable signs, except as otherwise provided in this Chapter; and P. Vehicle signs. Section 3. 25.68.80— Standards for Specific Types of Permanent Signs M. Illuminated Window Signs. All illuminated window signs for businesses before October 31, 2010, shall be considered legal non- conforming signs and allowed to remain with approval from the Planning Department. The following standards shall be required for approval of all new illuminated window signs. 1. Illuminated window signs shall be allowed in non-residential zones. 2. Illuminated window signs shall not be combined with any reflective materials (e.g. highly glazed tiles, mirrors, polished metal, or other similar materials). 3. Illuminated window signs placed within five feet of a storefront window shall not occupy more than 25 percent of the store front window area. The total amount of window signage allowed for permanent window signage including but not limited to permanently painted, etched, or mounted on the inside of windows and illuminated signs. 4. No more than one (1) illuminated window sign is allowed per frontage to minimize clutter and visual pollution. 5. In order to minimize visual clutter and to preserve the aesthetic quality of the City, illuminated window signage shall be used to identify the name or the business, to add artistic details, or to provide aesthetic interest. It shall not be used to advertise products sold within a business and shall not include prices or telephone numbers. 6. Businesses across the street or adjacent to residential properties shall turn off all illuminated window signage after the business is closed, unless the window signage is the primary identification of the business. 7. All illuminated window signage shall be reviewed by the Architectural Review Commission (ARC). The ARC will consider and/or approve and/or take action any proposed illuminated window signage. In considering the design of any proposed illuminated window sign, the ARC shall determine 4 ORDINANCE NO. 121s whether the sign will have any negative impact on the aesthetic quality of the storefront. In the event that the Commission determines that there is a negative impact, they will deny the proposed signage. No illuminated window signage shall be permitted or installed without first gaining approval from the ARC. 5 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 10-311 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT UPDATING SECTIONS OF THE PALM DESERT MUNICIPAL CODE SECTION 25.56 SIGNS ADDING PROVISIONS FOR ILLUMINATED WINDOW SIGNS PROJECT DESCRIPTION: The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment to modify the Palm Desert Municipal Code Section 25.56, adding provisions for illuminated window signs. PROJECT LOCATION: City of Palm Desert PUBLIC HEARING: SAID public hearing will be held on Thursday, November 18, 2010 at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk November 11, 2010 City of Palm Desert, California ' � � �� .�� - � 73 j IO FRED WARING DRIVE _ PALM DESERT, CALIFORNIA 92 2 C�0-2 j]H . TEL: 760 346-06�� i � infoCa�cityofpalmdesert.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: October 22, 2010 City of Palm Desert 73-510 Fred Waring Dr Palm Desert, California 92260 Re: Case No. ZOA 10-311 The Planning Commission of the City of Palm Desert considered your request and took the following action at its regular meeting of October 19, 2010: THE PLANNING COMMISSION DENIED CASE NO. ZOA 10-311. MOTION TO DENY REQUEST WAS APPROVED 3-2. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. �� `� � � ^ �-- Lauri Aylaian, Secretary Palm Desert Planning Commission /tb .� ? •v0.ixl�DOxAE(v(I[DVa4EP CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: RECOMMENDATION OF APPROVAL FOR A ZONING ORDINANCE AMENDMENT PROVIDING SIGNAGE STANDARDS FOR ILLUMINATED WINDOW SIGNAGE IN SECTION 25.68 OF THE PALM DESERT MUNICIPAL CODE. SUBMITTED BY: Tony Bagato Principal Planner APPLICANT: City of Palm Desert CASE NO: ZOA 10-311 DATE: October 19, 2010 CONTENTS: Draft Resolution Exhibit A, Signage Ordinance Modifications Legal Notice Architectural Review Commission Minutes Photos & Redlined Changes of Previous Ordinance Recommendation: That the Planning Commission recommend approval of the proposed Zoning Ordinance Amendment providing new signage standards for illuminated window signs in Section 25.68 of the Palm Desert Municipal Code. Executive Summarv: On July 27, 2010, the City Council directed staff to prepare a Zoning Ordinance Amendment removing the neon sign prohibition and develop standards that would allow neon signs with approval by the Architectural Review Commission. On September 28, 2010, the Architectural Review Commission discussed the proposed standards and recommended approval with some modifications. Staff believes that these standards will provide for limited use of illuminated window signs that allow business owners to be more creative and provide for additional visibility without negatively impacting the overall aesthetic quality of the storefront. Staff Report ZOA 10-311 October 19, 2010 Page 2 of 4 Backqround: . Neon signs have been prohibited since 1978. At that time, Section 25.38-9 Permitted Signs — Purpose stated: No sign shall be erected or maintained in any zone as established by the Zoning Ordinance except those signs specifically enumerated in this Article. The number and area of signs outlined in this Article are intended to be maximum standards which do not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, consideration shall be given to a sign's relationship to the overall appearance of the subject property, as well as the surrounding community. Compatib�e design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval. Neon signs were never listed as an approved sign in the Zoning Ordinance; therefore, they were prohibited based on this section. On September 28, 1989, the City Council approved a Zoning Ordinance Amendment that amended many sections of the Zoning Ordinance, including the signage standards. As part of that amendment, the following wording was added to the Permitted Signs section after the words "surrounding community": ...with the goal of being to minimize visual pollution, the use of lighting and excessive contrasting colors. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval. Again, neon signs were never mentioned as a permitted sign type and were considered prohibited because this section states that no sign shall be erected unless it is allowed in the Zoning Ordinance. Although neon signs have never been allowed in the Zoning Ordinance, enforcement of these signs was handled on a complaint basis. On October 11, 2007, the City Council formed a Signage Subcommittee to address the needs of the business community for commercial real estate signs, businesses facing the freeway and monument signs for large commercial centers. On December 11, 2008, staff began working on a comprehensive update to the signage ordinance to address the signage issues raised in 2007. While addressing the issues raised by the business community, staff presented to the Signage Subcommittee several other signage issues within the city. Neon signs were one of the other sign types discussed. Staff explained to the Subcommittee that, although neon signs have never been allowed per the Zoning Ordinance, many businesses had them and there had been little to no enforcement of their prohibition. Staff also explained that neon signs could be allowed or could be specifically prohibited. The Subcommittee recommended that they be prohibited, except for small "open" neon signs. On August 27, 2009, the City Council approved the new signage ordinance and staff began working to inform the business community of the new signage standards. This past summer, Code Compliance began enforcing the prohibition and contacted many business owners by letter, asking them to remove the neon window signs. At the July 8, 2010 City G:\Planning\Tony Bagato\Word Files\Formats\Staft Reports�ZOA\Signage Ordinance\Neon Sig�s\Planning Commission Staff Report.doc Staff Report ZOA 10-311 October 19, 2010 Page 3 of 4 Council meeting, the business owner of Skitzo Kitty spoke to the City Council under Oral Communications about the letter he received from Code Compliance informing him that all neon signs in the storefront window needed to be removed by the end of August. He, as well as other business owners, thought that the enforcement action was ill-timed because of the downturn in the economy. On July 27, 2010, the City Council reviewed a staff report explaining that neon signs have been prohibited since 1978, but rarely enforced. Staff presented three options: 1. Suspend Enforcement of Neon Signs, 2. Temporary Approval of Neon Signs, or 3. Zoning Ordinance Amendment allowing Neon Signs. Staff recommended that the City Council approve standards for temporary approval. However, the City Council directed staff to prepare a Zoning Ordinance Amendment removing the neon sign prohibition, and develop standards that would allow them with approval by the Architectural Review Commission. On September 28, 2010, the Architectural Review Commission discussed the proposed standards and recommended approval with some modifications. The proposed ordinance amendment is a result of staff's research of other cities and the comments discussed at the ARC meeting. Proiect Description: Staff recommends approval for a Zoning Ordinance Amendment providing signage standards for illuminated window signage in Section 25.68 of the Palm Desert Municipal Code. After reviewing other ordinances allowing neon widow signs and listening to the comments given by the Architectural Review Commission, staff is proposing the following standards for illuminated window signs: 25.68.80— Standards for Specific Types of Permanent Signs M. Illuminated Window Signs. All existing illuminated window signs for businesses installed before October 31, 2010, shall be considered legal, non-conforming signs and allowed to remain with approval from the Planning Department. The following standards shall be required for approval of all new illuminated window signs: 1. Illuminated window signs shall be atlowed in non-residential zones. 2. Illuminated window signs shall not be combined with any reflective materials (e.g. highly glazed tiles, mirrors, polished metal, or other similar materials). 3. Illuminated window signs placed within five feet of a storefront window shall not occupy more than 25 percent of the store front window area. This is the total amount of window signage allowed for all permanent window signage, including but not limited to those permanently painted, etched, or mounted on the inside of windows and illuminated signs. G:\Planning\Tony Bagato\Word Files\Formats\Stafi Reports�ZOA\Signage Ordinance\Neon Signs\Planning Commission Staff Report.doc Staff Report ZOA 10-311 October 19, 2010 Page 4 of 4 4. No more than one (1) illuminated window sign is allowed per frontage to minimize clutter and visual pollution. 5. In order to minimize visual clutter and to preserve the aesthetic quality of the city, illuminated window signage shall be used to identify the name of the business, to add artistic details, or to provide aesthetic interest. It shall not be used to advertise products sold within a business and shall not include prices or telephone numbers. 6. Businesses across the street or adjacent to residential properties shall turn of all illuminated window signage during the hours that the business is closed, unless the window signage is the primary identification of the business. 7. All illuminated window signage shall be reviewed by the Architectural Review Commission (ARC). The ARC will consider and/or approve and/or take action on any proposed illuminated window signage. In considering the design of any proposed illuminated window sign, the ARC shall determine whether the sign will have any negative impact on the aesthetic quality of the storefront. In the event that the Commission determines that there is a negative impact, they will deny the proposed signage. No illuminated window signage shall be permitted or installed without first gaining approval from the ARC. In addition to the proposed standards, other sections of the Signage Ordinance were modified for consistency with removing the prohibition and adding the new standards. All sections being modified are described in Exhibit A of the attached draft resolution. Conclusion: In consideration of concerns expressed by the business community, the City Council directed staff to remove the prohibition of neon window signs and provide standards to allow them. Staff believes that these standards will provide for limited use of illuminated window signs allowing business owners to be more creative and providing additional visibility without negatively impacting the overall aesthetic quality of the storefront. Submitted By: Department Head: �� Tony Bagato Lauri Aylaian Principal Planner Director Community Development G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports�ZOA\Signage Ordinance\Neon Signs\P�anning Commission Staff Report.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT PROVIDING SIGNAGE STANDARDS FOR ILLUMINATED WINDOW SIGNAGE IN SECTION 25.68 OF THE PALM DESERT MUNICIPAL CODE. CASE NO: ZOA 10-311 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of October 2010, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 10-26, the Director of Community Development has determined that the project will not have a negative impact on the environment and is exempt from CEQA, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the recommendation to the City Council of said request: 1. That the proposed Zoning Ordinance Amendment is consistent with the Palm Desert General Plan Community Design Element. 2. That the proposed Zoning Ordinance Amendment will provide the illuminated window signage standards, guidelines and regulations that are consistent with the Palm Desert General Plan Community Design Element and purpose of the Signage Ordinance. 3. That the proposed Zoning Ordinance Amendment will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the City of Palm Desert. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of ZOA 10-311. PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED AND ADOPTED at a regutar meeting of the Palm Desert Planning Commission, held on this 19th day of October 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CONNOR LIMONT, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT A Section 1. 25.68.030 — Sign Permit Application and Design Review Required D. Sign review criteria. 9. That any neon tubing used 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 Section 2. 25.68.050 — Prohibited Signs G. Off-site outdoor advertising signs (billboards); H. Pole signs; I. Roof signs; J. Signs that rotate, move, flash, blink, or appear to do any of the foregoing with the exception of approved time and temperature displays; K. Signs on public property, in the public right-of-way, or on public utility poles unless otherwise authorized by this Chapter. Signs shall include, but not be limited to, realtor, open house, and garage sale signs. This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle identification signs, and permitted signs on taxicabs; L. 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; M. 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; N. 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; 3 PLANNING COMMISSION RESOLUTION NO. O. Temporary or portable freestanding signs, including A-frame and similar types of portable signs, except as otherwise provided in this Chapter; and P. Vehicle signs. Section 3. 25.68.80— Standards for Specific Types of Permanent Signs M. Illuminated Window Signs. All illuminated window signs for businesses before October 31, 2010, shall be considered legal non- conforming signs and allowed to remain with approval from the Planning Department. The following standards shall be required for approval of all new illuminated window signs. 1. Illuminated window signs shall be allowed in non-residential zones. 2. Illuminated window signs shall not be combined with any reflective materials (e.g. highly glazed tiles, mirrors, polished metal, or other similar materials). 3. Illuminated window signs placed within five feet of a storefront window shall not occupy more than 25 percent of the store front window area. The total amount of window signage allowed for permanent window signage including but not Iimited to permanently painted, etched, or mounted on the inside of windows and illuminated signs. 4. No more than one (1) illuminated window sign is allowed per frontage to minimize clutter and visual pollution. 5. In order to minimize visual clutter and to preserve the aesthetic quality of the City, illuminated window signage shalf be used to identify the name or the business, to add artistic details, or to provide aesthetic interest. It shall not be used to advertise products sold within a business and shall not include prices or telephone numbers. 6. Businesses across the street or adjacent to residential properties shall turn of all illuminated window signage after the business is closed, unless the window signage is the primary identification of the business. 7. All illuminated window signage shall be reviewed by the Architectural Review Commission (ARC). The ARC will consider and/or approve and/or take action any proposed illuminated window signage. In considering the design of any proposed illuminated window sign, the ARC shall determine 4 PLANNING COMMISSION RESOLUTION NO. whether the sign will have any negative impact on the aesthetic quality of the storefront. In the event that the Commission determines that there is a negative impact, they will deny the proposed signage. No illuminated window signage shall be permitted or installed without first gaining approval from the ARC. 5 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 19 2010 VI. APPROVAL OF MINUTES Request for consideration of the October 5, 2010, meeting minutes. Action: Commissioner Campbell moved and Commissioner De Luna seconded the approval of the October 5, 2010 meeting minute�� otion carried unanimously 5-0. ��"�°�' VIL CONSENT CALENDAR �,�� ;;�� `�� `"a s;�� F�� NONE `"� �� ` � �� VIII. PUBLIC HEARINGS �;�� , °�� `�� ;d: �� Chair Limont stated that any�� wh�°�� Ilenges any h�� aring matter in court may be limited to raising or� �� P�e issues he, she or someone else raised at the publicy z , � g describ� ` erein, or in written correspondence delivered to the Plan� `� � � a mission�� n�_ r prior to, the public hearing. � '1'�� ,� �� r,, ,�'°��s A. Case No. ZOA�� 11, �� al sert, Applicant �� . �," � � y�. ,I��omm��l��ation ��3 F`proval for a Zoning Ordinance Amendment ��oviding -��= nage �� dards for illuminated window signage in ��ection 2�: 8 of the �� Desert Municipal Code. � �>A �� ' �� \\\\\� :. u� �\��\\ � �;�� I pf�t�i�er Tony Bagato orally presented his staff report and power �°� oinf�° enfat�� to the Plannin Commission re ardin neon window ,�� p � �, � .� 9 9 9 ��"�� signs. �� how��xamples of signs that fall under this proposed new ��\\\ \\\ �� ordinance� e sta��d that the previous ordinance was established in 1978 �� and at th�� time, neon signs weren't specifically mentioned in the �� dinance �� virtue of not being explicitly permitted, they were prohibited. �� . .��: �� e , appeared, the enforcement was strictly on a complaint-driven ba\��,.. � �i�� 009, staff was instructed to update the ordinance. Direction was give��at all neon signs were now to be explicitly prohibited and that the Code Enforcement Division should work with businesses to bring them into compliance. Upon receiving numerous complaints from businesses about being asked to remove their signs, staff was instructed by the City Council to suspend enforcement and inform the public that any NEW neon signs had to go through the Architectural Review Commission process. Mr. Bagato outlined the new regulations that would be added to the ordinance. They state that: No signs can be added after the fact (for 2 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 19 2010 grandfathering purposes); the signs cannot be in residential areas; they cannot be combined with reflective materials; they can only cover up to 25% of the window (not including glass doors); and, there must be only one neon sign per frontage. When a business is across from a residential area, then the neon sign must be turned off at night. Signs must identify the business or have aesthetic merit; those signs that advertise products sold or that list prices or phone numbers will not be permitted at all. Staff recommends approval and with that, Mr. Bag�. �: ok questions. `�,. Commissioner De Luna began by askin�� vg . the new ordinance and if, in theory, every shop on EI Paseo and o� : � �� 111 could potentially have a neon sign in their window as lon it met ain criteria. Mr. Bagato �ti,;�` �;", < said that was correct. Commiss�c� ' De Luna m`` ' ned that a business called in upon hearing about�,� ��'� �� ew sign ordinan � omplaining that it ��.�� , would hinder their ability t�� ertise in.-this bad eC r y. Mr. Bagato ,,;� stated that that did transpire � as Sl��d Kitty, on Hw 1, who has a neon sign and their other sign i�� ,, ,y � inated wooden sign. The owner wanted to be able t eep his ne` lit until closing at 9 p.m. since the wooden one would� �,�� een in th��,� when he was still open. � �.< Commissioner Limont� � ed�� e a� �� sing of products and if those will st�ll be� ��; wed. Y Ba �� a some businesses would be grandfath+�i��`, �� with r�"a � ��"� o tho��' " �� at already have `Corona' and `Bud �; �"��r' sign�;��;. ut no ��s product signs and none displaying a phone nur�t�5�r or anyth�� relate °;. products that are sold inside the business wou�t�= � perm��. She ask�� about what percentage of the window the Apple srg�=,u��:��I��:�`��t� �`�� ed that the Apple sign isn't a window sign, �//iii� , , , � j��, wal�=�t located ak�o�re the store. And that sign has gone through i;�AI�°�a me�� all of the requirements for illuminated wall si na e. ;��/ �,�� 9 9 ��/ ///� //„� � ; %%,, Commis��er T� =�.� r asked for clarification about the ordinance stating ,/j/�/i„ ,�� %� that existir�� igns in business windows, even if there are more than two, ��,�,,�/////,,,�j� ill be all�� d to stay. Mr. Bagato stated that was true and it is for that ��' son th �� e City wants them inventoried and documented now, so when ��'�' ��rcement, those businesses can't change them or add more at t %�%i i the��, econd. ;, Following this question, Chair Limont asked to clarify what they are being asked to do and stated that, as she understands it, the Commission is being asked to grandfather those signs that are in existence today because of lack of enforcement from years past. Mr. Bagato responded that he talked with the City Attorney, Dave Erwin, who believes that yes, we do need to allow existing signs to continue to exist. Chair Limont asked if we were able to enforce the current prohibition legally, or is the City walking 3 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 19 2010 too fine of a line? Commissioner Tanner followed up with asking what happens if we CAN'T enforce this, what would businesses do. Mr. Bagato stated that, under the proposed ordinance, all new signs of either existing or new businesses must go through the ARC for review. Mr. Bob Hargreaves, Deputy City Attorney spoke on behalf of City Attorney Dave Erwin to Commissioner Limont's question about legality. He stated that he hadn't had a chance to talk in dept��ith Mr. Erwin about this matter, but if the ordinance forbids neon, tt�� gally the City can enforce the prohibition. However, the longer th� �� waits to enforce something from the start of a violation, then the rnQ�` d��tr��shed the ability to enforce becomes. - � �` :� � ��:� , � Commissioner Schmidt asked hC� many signs wou�c�� grandfathered in under this new ordinance. If tti�City is goi�g to give c� lanche to allow existing signs, she wanted ta k�tt�w wh�� ,"�t number is�� . Bagato didn't know off hand, but Ms. Aylaiar��,�t�te � at Code Enforcement has been keeping inventory of �ow many bustrt ' ses have neon signs currently and that number is n� �� althougf� me of these businesses have numerous signs Corri; is��` , Schmid ,�ated that she understood that none of the stores on�� Pas� ��u� an��'; rious Commissioners stated �� that some, �� s on EI � ,�eo t� �rt��, v� neon signs. She asked if any existin �� ' that d�� `� current�� have a neon sign could now req ne un the gr�'�dfather clause. Mr. Bagato stated that the or "� ce reads�'� � part] t� all new neon signs for ALL businesses, exis�r�:; nd n � have� o through ARC from this point forward. � ��:: !�'�� issi ,� Schmidt� v�/��°��ed to ask about existing scrolling marquis ii �.��,;�0 �'� � sig �� d i �� are included in this ordinance. Mr. Bagato stated that �, �i//// those � ons7� d `moving signs' and those certainly are prohibited. She �� , ��j�� then ask��f the� �� r of illuminated signs is controlled by the code or the ��j�� A�c�hit�ct��Committee. Mr. Bagato stated that the City doesn't regulate � , p �� ee colors; after three colors there are requirements�to reduce �� size � � e sign for each additional color used The bottom line is that ��,T ��/ � n that comes u , either from a new business or an existin J p g busr=��will have to go before the Architectural Review Commission. Mr. Bagato stated that if the Planning Commission wanted to move for denial, then their recommendation would be forwarded to the City Council for direction. A recommendation can be made for denial and enforcement of prohibition of all neon signs, if that is what the Planning Commission requests. 4 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 19� 2010 Commissioner Schmidt asked if any attempt has been made to reach out to those businesses that DO NOT have neon signs and how they felt about it. Mr. Bagato stated that no real attempt was made to contact non-signed businesses. Commissioner Schmidt asked if this applied to the EI Paseo Gardens. Mr. Bagato stated that it does. Chair Limont opened the public hearing for comments. Hearing none, she closed the public hearing and asked for com ' ' ner comments. Commissioner Schmidt commented o ��.�� impact of signs and the grandfathering of signs. She doesn't �� ' er and it's opening up a can of worms for those that oppose��e� signs:��:, �,. � � �;.- Commissioner De Luna statea t theoretically � eo could end up ;�, looking like Las Vegas. Sh�q�� n't mind e "Newpor �� :� � ch look" but not the "Venice Beach look". Sh� ; � nt on ,��",� �� te that if the°�. y allows neon signs, then every business c � � `� one �and then how would that business stand out?� e stated t" �� idea of neon signs was to make a business stand ou� �� everyone�`a`�� them, then nothing would stand � out. She thinks tha� �� a �� fic arg�� t doesn't wash and wants to prohibit all neon �, ' ns �.�:�� tfi� �� she moved for denial. �. F.e , � �� Commi � `"�� midt ��. � ° ed the"��< tion for denial, but then added furth�.�'`��scussio r�� Neon °`�� s could be a distraction. She read an article ,s, tha�f� id one-in-t� ee truc� n I-10 is so unsafe that they need to be pullec�' � of th�� he s� �� hat that is meant to get your attention, as are neo� � `i��"r��r �� t� are attention rabbers, she would hate to � ,.� �\�� r�� . g \��\\��i� n ac�� nt because � sign distracted a motorist while they were ��\� ,�� ;�\\ \\ r \� �� Commis� �� er T�r�` �, r offered his thoughts on the matter stating that he is �� not in fa��,� of neon signs, but understands that businesses need �\�� omethmg�°� re than just regular signs to attract business. As the proposal ��\ �\ �� beer�; �, sented today, and that the City Council has voted in favor of c �'�� is now in favor of having all new signs go for review with the AR � � art of the permitting process. He indicated that he would not vote ;,\, for the�denial of staff request to change the zoning ordinance. Commissioner Campbell agreed with Commissioner Tanner in that staff and City Council have worked to have the ordinance read in favor of all new signs going through ARC so they can be monitored appropriately. So she is in favor of grandfathering existing signs. Chair Limont talked about Palm Desert and its sense of being. She went on 5 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 19, 2010 to say that the city isn't flashy, it's not Las Vegas, and that EI Paseo is the feather in the cap. The City and the Commissioners have worked hard to get it to where it is today and to maintain that look and feel and sense of what is Palm Desert. She stated that she is not in favor of this ordinance and with that, reiterated the current motion and second and called for the vote in favor of denying the Zoning Amendment. Action: �" ,;�y Commissioner De Luna moved and Co. ' �oner Schmidt seconded the motion to deny ZOA 10-311. Th� � � o � . carried for denial 3-2 (Commissioners Tanner and Camp: I'�� oting I�� :� �. IX. MISCELLANEOUS '�� A. Villa Portofino �s' � Discussion o rminating f" �;, se a Senior Housing Development Agreement ment Ag ent") with Royce International for . the developm�� . o = �� ortofin"�� r to default by the developer. Commiss'� � e Luna�o, us "�� d� xited the Council Chamber. � <,� Assi ✓ Planr�: Kevin ; wartz presented his staff report to the C 6� � ssion. Ro..�� Intern �� al entered into an agreement with the City of �� ese� v� � lop a�"� rcel with senior assisted living facilities, a club h � � �� " �� s in 1999. Royce International submitted a i��° mi �� y� � ap to the �� e without City approval thus breaching one of ,,i/ii ��/ the� s o ir Development Agreement (DA). With the subdivision in , , �� ,j place,' ,, the�<�� d portions of the project without approval of the transfer ,ip// � �, �j by the C�;�whic <t; also required by the Development Agreement. Royce �� Internatior�� o longer owns the project or any of the sub-divided parcels. ,//,///�/ taff reco � nds terminating the current Development Agreement for the �� ,/efit of,� City and future developers. This will cause each new property o�� ,;�� ,. �� title their own�property for their projects. Mr. Swartz entertained que from the Planning Commission. ,,� Commissioner Schmidt asked specifically if what was being asked of the Commission was to give direction to staff regarding the Development Agreement. Mr. Swartz said that was so. Commissioner Tanner wanted to clarify the situation for his own benefit and asked staff specifically what they wanted the Planning Commission to act upon. Mr. Swartz stated that every change of ownership to the land 6 The Desert Sun Certificate of Publication 750 N Gene Autry Trail 4ti°(;�.�`��D Palm Springs, ca s2zs2 �I t r C!E�K 'S 0 F F I C E 760-778-4578/Fax 760-778-4731 �'��L;1 p E 5 E R T. C A 2010 OCT I 3 AN 10� 48 State Of California ss: Clty of Pakn Detert County of Riverside Communiry Development Advertiser: OCT 1 3 201u CITY OF PALM DESERT 73510 FRED WARING DR PALM DESERT CA 922602 _-------- 2000227929 No a327 ; cmr oF Paur DESERT � LECASENNOCe � ZOA 10-311 ; NOTICE OF IN?EN7 + TO ADOPT A ZONIN� � I am over the age of 18 years old, a citizen of the United ORDINANCE AMEND- MENT UPDATINQ States and not a party to, or have interest in this matter. I SECTION9 OF THE i hereby certify that the attached advertisement appeared PALM DESER7 MU- � in said news a er set in t e not smaller than non ) NICIPAL CODE SEC• P P ( YP pariel ADDINa PROVIS�ON9 'I in each and entire issue of said newspaper and not in any Fpq ILLUMINA7ED supplement thereof on the following dates,to wit: WINDOW SIGNS PROJEC�' DESCF�P- Newspaper: .The Desert Sun TIOM � The Cityr ot Palm Des• ert Community ent is+ opmeM Departm propoeing a Zoning Or- 10/9/2 O 10 di�ar�s]►mendment to, mod� ths Palm Desert' Muni�Cad�SecUon 25�66r 8ddiflQ provl� sbna tor iltuminated window eiynx' C��P�6dm O�TRON: PUBLIC HEARIN�: I acknowled e that I am a SAIDpublb hearinq wilt g principal clerk of the printer of t» held on Tuesday The Desert Sun, printed and published weekly in the City g..�pp p°�,iR iha Council of Palm Springs, County oi Riverside, State of California. Chemba at the Palm DeseR Clvfo Center,73 The Desert Sun was adjudicated a newspaper of general 5to Fred We�in Drlve. circulation on March 24, 1988 by the Superior Court of the Paim DeseA,Ca�lromla, at whidt tlme and P�acs County of Riverside, State of California Case No. all interested persone 191236. ara invitett to ettend �m en s��c�ancWeming ail itertu covered by thia publio heazing no- I declare under penalty of perjury that the foregoing is true Hce ahatt be acceP�ed� up ta the d�nformetlon and correct. Executed on this 9th day of October, 2010 in hearing. Palm Springs,Califomia. pc�sed pro�ect�an�or negativ�declaraUon is evailebl� for revfew in the Depeftmenf of � __ Commun�ry Develop� ment at the above ad- drese between the ' houro of��aMondad ' � Ii�o ghpFriday. M you D@C18�ent challenge the proposed ' actions in,court, you '. may be II�t�ed�issues , ing only you or someone else raised at ihe, public hearing, descnbed. in ihis not�ce,or in wntten , correspondence deliv- ered to ,the Planning i to the�publichean aor Laurl Aylaian, Plaafei g Commis�sion� Pub:10/9N 0 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 10-311 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT UPDATING SECTIONS OF THE PALM DESERT MUNICIPAL CODE SECTION 25.56 SIGNS ADDING PROVISIONS FOR ILLUMINATED WINDOW SIGNS PROJECT DESCRIPTION: The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment to modify the Palm Desert Municipal Code Section 25.56, adding provisions for illuminated window signs. PROJECT LOCATION: City of Palm Desert PUBUC HEARING: SAID public hearing will be held on Tuesday, October 19, 2010 at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary October 9, 2010 Palm Desert Planning Commission ARCHITECTURAL REVIEW COMMISSION MINUTES September 28, 2010 Mr. Bagato presented the project and stated that this came before the Commission at a previous meeting and one of the conditions was to have no grout lines, however the construction plans shows them. Mr. Bagato presented the construction plans for review and discussion. Commissioner Lambell suggested approving the grout lines not to exceed 1/8" and with eased edges on all outside corners. ACTION: Commissioner Lambell moved and Commissioner Touschner seconded to approve subject to: grout joint shall not exceed 1/8" as submitted; and 2) eased edges on the outside corners. Motion carried 5-0-1-1, with Commissioner Stendell abstaining and Commissioner Vuksic absent. B. Preliminary Plans: None C. Miscellaneous Items: 1. CASE NO: ZOA 10-311 NATURE OF PROJECT/APPROVAL SOUGHT: Zoning ordinance amendment providing signage standards for illuminated window signage. Mr. Bagato summarized the staff report for illuminated signage. He stated that this is an amendment that was requested by City Council. They have directed staff to come back with standards for illuminated signage. He stated Palm Desert is still walking the line as being a resort community, as well as a regular business community. There is a concern to aflow window signage on a permanent basis. He researched other communities as well as resort communities that have them. He stated that Cathedral City permits them in store windows and posted on the walls on sign boards, Coachella is not mentioned as allowed or prohibited in the code, Desert Hot Springs allows them with a permit, Indian Wells prohibit them, Indio is not mentioned as allowed or prohibited in the code, La Quinta is prohibited unless specifically approved as an major part of their identification sign, Palm Springs alfows them in conjunction with food and restaurants, Rancho Mirage allows them in commercial districts, but not adjacent to residential areas. The G:\Planning\Janine Judy\Word FilesW Minutes�2010\AR100928MIN.doc Page 8 of 9 ARCHITECTURAL REVIEW COMMISSION MINUTES September 28, 2010 standards that he iias proposed are the ones he found in local and resort communities. The Commission reviewed and discussed the standards. One of the first modifications would be to allow illuminated signs, but they have to be turned off when the business is closed and when adjacent to residents. The Commission asked about exceptions and Mr. Bagato stated that in the sign ordinance people can asked for modifications. Commissioner Touschner was relatively okay with the proposal but had a concern with the term "retroactive" and thought old signs should also be considered. The Commission discussed "retroactive" signs. Mr. Pedro Rodriguez, Code Compliance Officer stated they have a program that identifies window signage and Code Officers go out into the community to educate store owners regarding their signs. He informs them that from a law enforcement perspective the clutter in the windows can create a safety hazard if an officer on patrol cannot see inside the store. He also made a recommendation to Planning to set up a permit process for any new signs in order to regulate them. Having these control measures in place will benefit the City and help with what staff is trying to accomplish. The Commission discussed the number of signs allowed and grandfathering of signage. ACTION: Commissioner Stendell moved and Commissioner Touschner seconded, to approve. Motion carried 6-0-0-1, with Commissioner Vuksic absent. VI. ADJOURNMENT Commissioner Touschner moved and Commissioner Stendell seconded to adjourn the meeting. Motion carried 6-0-0-1, with Commissioner Vuksic absent. The meeting was adjourned at 2:00 p.m. TONY BAGATO PRINCIPAL PLANNER G:\PlanningWanine Judy\Word FilesW Minutes�2010�AR100928MIN.doc Page 9 of 9 I .." ., .. �''rnFc.:� ... . ,,.... . . , s ..j z N {f ■I ��+Y £ . � ' ; .l. � . . ✓'i� . �� 1� : r '" � • w� ', �' �4,� n` . '�ar'ti'�� s `� �� w` � ' � .u..., F,.,.�,... i � � � � . i r �4 /'�. . � ! __.. , . 1.. A '� � .. 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Tr�� ScrapGolJ? \ 7 � 5 r �. o ..� �„ , ��.- � �� ' � �t»�� tJQ WATCH BATTERY �� ORDINANCE NO. 1190�� -�' 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 u=�-ceti}�u��eFla+�--�at;��-�+,-�+ia,a,ael-s;�� is incorporated as an integral part of the sign design with careful attention to color, intensity of light, and the use of colors that are not overly bright ; and 10. That the quantity of information displayed in the sign does not cause visual clutter. 25.68.040 - Exempt Signs The following signs, if not illuminated, shall be allowed in residential, commercial, and industrial zoning districts without a sign permit application subject to any specific limitations provided below: A. Non-residential only; one identification sign not exceeding one square foot in area displaying only the name and address of the owner or occupant and/or hours of business operation; B. Temporary signs in compliance with Section 25.68.090 (Temporary Signs) except special event banners and new business establishment identification signs in compliance with Section 25.68.090; C. Signs inside a building set back five feet or more from a window and not readily visible from public right of way; D. Directional or safety signs provided that signs do not exceed three square feet perface; 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; I. Political signs in compliance with the provisions of Subsection 25.68.090 C; 4 � ORDINANCE NO. 1190 � J. Directional and public convenience signs for public and quasi public uses. The total number of siqns allowed shall be based on the minimum number necessary for adequate public identification as determined by the Director of Community Development; K. Utility or telephone pay station signs; L. Bingo signs, provided that said signs shall not exceed a maximum three square foot in area; not installed more than 48 hours before the event; and removed immediately following the event; M. Lottery signs for a business licensed to sell California State Lottery tickets shall be entitled to one window or door mounted lottery decal five and one-half inches by five and one-half inches and no more than one specific identification poster not to exceed 7 square feet; and N. "Open" signs, either mounted on the inside of a window or on a pedestal near the main entrance if a window sign is not used. Maximum sign area shall be three square feet. Signs may be double sided. Pedestal signs shall be located on private property and shall not interfere with pedestrian movement. Signs shall not flash, move, blink, rotate, or appear to do any of the foregoing. 25.68.050 — Prohibited Signs The following signs, displays, and devices, as defined in Section 25.68.150, are prohibited in the city: A. Advertising devices; B. Awnings that are back-lit (internally illuminated) so that the awning radiates light; C. Business and identification signs that mention more than two goods or services sold or available on the premises; D. Cabinet or can signs that are internally illuminated with transtucent panels that allow the entire sign background to be illuminated. Signs with internal illumination are permitted onty 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; 5 i � ORDINANCE NO. 1190�1 � kU. Off-site outdoor advertising signs (billboards); � H�. Pole signs; � dl. Roof signs; � KJ. Signs that rotate, move, flash, blink, or appear to do any of the foregoing with the exception of approved time and temperature displays; � 6K. Signs on public property, in the public right-of-way, or on public utility poles unless otherwise authorized by this Chapter. Signs shall include, but not be limited to, realtor, open house, and garage sale signs. This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle identification signs, and permitted signs on taxicabs; � �yiL. 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; � �JM. 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 othenvise hazardous; � 8N. 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; � �O. Temporary or portable freestanding signs, including A-frame and similar types of portable signs, except as otherwise provided in this Chapter; and � QP. Vehicle signs. 25.68.060— General Provisions for all Signs A. Compliance required. No person shall erect, re-erect, construct, enlarge, alter, change copy, repair, move, improve, remove, convert, or equip any sign or sign structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Chapter. B. Uncertainty of Chapter provisions. The Architectural Review Commission shall have the authority to interpret the provisions of this Chapter at the request of the 6 ,�,, � ORDINACNE N0. 1190 �`' 2. One 10 square foot maximum wall sign advertising the company name and/or operator; and 3. One wall or ground sign, not exceeding eight square feet in area and eight feet in height for a ground sign, advertising the actual lowest price per gallon including all taxes at which gasoline are currently being offered. Any special conditions required for sale at the lowest price shall also be � indicated. M. Illuminated Window Siqns. All illuminated window siqns for businesses before October 31 2010 shall be considered leaal non-conformina sians and allowed to remain with aoproval from the Plannino Deoartment The followina standards shall be required for a�proval of all new illuminated window sians 1. Iltuminated window siqns shall be allowed in non-residential zones 2. Illuminated window sians shall not be combined with anv reflective materials Le.a. hiqhlv plazed tiles. mirrors. �olished metal or other'similar materialsl 3. Illuminated window sians placed within five feet of a storefront window shall not occuqv more than 25 �ercent of the store front window area The total amount of window sianaae allowed for �ermanent window sianape includina but not limited to �ermanentiv painted etched or mounted on the inside of windows and illuminated sians. 4. No more than one f1) illuminated window sian is allowed oer frontaae to minimize clutter and visual ooliution 5. In order to minimize visual clutter and to oreserve the aesthetic aualitv of the Citv, illuminated window sianaqe shall be used to identifv the name or the business. to add artistic details. or to provide aesthetic interest It shall not be used to advertise oroducts sold within a business and shall not include orices or telephone numbers. 6. Businesses across the street or adiacent to residential �rooerties shall turn of all illuminated window sipnape after the business is closed unless the window siqnaqe is the orimary identification of the business 7. All illuminated window sianaae shall be reviewed bv the Architectural Review Commission (ARC). The ARC will consider and/or aoorove and/or take action anv oroposed illuminated window sionaqe In considerino the desian of anv proposed illuminated window sion the ARC shall determine whether the sian will have any neqative imoact on the aesthetic aualitv of the storefront In the event that the Commission determines that there is a neqative imqact thev will denv the proposed sionaqe No illuminated window sianaae shall be permitted or installed without first aaininq approval from the ARC 29