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HomeMy WebLinkAbout1637 - ORDINANCES - 10/1/2003 ORDINANCE NO. 1637 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO CREATIVE LIVE THEATER SIGNS IN THE HISTORIC CENTRAL BUSINESS DISTRICT ZONE AND CITY OWNED HISTORIC PROPERTIES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 93.20.04 is amended to read as follows: 93.20.04 Prohibited signs. Any sign not specifically authorized by the sign ordinance shall be prohibited unless required by law or utilized by a proper governmental agency. The following signs are expressly prohibited: 1. Rotating, Moving, Flashing, Reflecting, Prismatic or Blinking Signs. Signs which rotate, move flash, reflect, blink or appear to do any of the foregoing shall be prohibited.This includes, but is not limited to flags, banners, pennants, inflatable objects and balloons, unless otherwise authorized in Section 93.20.08, approved as a permanent architectural feature pursuant to Section 94.04.00 (Architectural review), or Section 93.20.10(C)(7)(Signs - General Provisions); 2. Signs on Public Property or Right-of-Way. Signs on public property or right-of-way shall be prohibited unless otherwise authorized in this sign ordinance; 3. Signs Advertising,the Use, Name of the Owner, Products or Service Not Available on the Premises.Any sign which advertises a use not being made on the premises,the name of the owner or user, or which identifies a product, an interest, service or entertainment not available on the premises shall be prohibited for any business without street frontage unless otherwise authorized in conjunction with a public transportation facility; 4. Businesses Without Street Frontage. Except as otherwise regulated, signs other than those authorized on the multiple tenant identification sign or an approved sign program shall be prohibited for any business without street frontage; 5. Signs Located on the Third or Higher Story. All signs located on a third or higher story shall be prohibited, except for those in conjunction with a resort hotel; 6. Signs Affixed to Windows or Doors. Any sign, merchandise or graphic, otherwise affixed to windows or doors, interior or exterior, other than those permitted by the sign ordinance shall be ' prohibited; 1 �� Ordinance 1637 Page 2 7. Signs Facing Private Property. Signs which do not face a public or private right-of-way, or plaza, promenade: or arcade, or public or private parking area (parking associated with the same premises) shall be prohibited; 8. Imitation of Traffic Signal. No person shall place, maintain or display in view of any street or highway, any sign, signal or device, which resembles an official traffic sign or signal. Visual obstruction of any official traffic sign or signal is prohibited; 9. Signs in residential zones identifying home occupations; 10. Signs displaying obscene matter; 11. Signs employing exposed raceways, (ballast boxes, transformers, crossovers or conduits, unless otherwise approved by the director of planning and building or the planning commission; 12. Signs attached, affixed to or from the interior of any merchandise or products displayed outside of permanent buildings. (Ord. 1638 (part), 1996; Ord. 1294 (part), 1988) SECTION 2. Section 93.20.09 is amended to read as follows: Permitted signs--Downtown/uptown. The following regulations and guidelines shall apply in Redevelopment Project Areas 1 & 6 only. In the event of a conflict between these provisions and the remainder of the sign ordinance, these provisions shall prevail. The number and area of signs as outlined in this section are intended to be maximum standards and do not necessarily insure architectural compatibility. In addition to the enumerated standards, consideration shall be given to a sign"s relationship to the overall design of the subject property and its surroundings. All signs allowed in this section shall be allowed on each street frontage of a multiple-frontage lot; provided that, the same use of the property extends from street to street. Consolidation of sign areas permitted on each frontage to one (11) sign is prohibited. Sign programs shall be required for all buildings with more than one(1)tenant. Sign programs shall complement the architecture of the building or complex. A sign program, including other types of signs than those described herein, may be approved which varies from the specific limitations of the sign ordinance if the planning commission finds that, due to the physical characteristics of the property and the orientation and design of the structures on the property, strict application of the regulations of the sign ordinance will not give adequate visibility to the signage; that the approved signage will be compatible with the design of the property and will represent the least departure from the standards of the sign ordinance necessary for the effectiveness of the signage; and that the approved signage is compatible with the surrounding properties and not contrary to the purpose of the sign ordinance. , 2 //#>*W Ordinance 1637 Page 3 A. Main Signs. 1. Signs for Residential Uses. Section 93.20.06 shall apply. 2. Signs for Commercial Uses. Each separate business shall be limited to one (1) main sign from the following signage types(see"SIGN TYPES"artwork found at the end of this Section 93.20.09). However, all businesses within a single building or complex of buildings shall use the same type. a. Projecting Signs. i. Blade/Arcade Signs. The following requirements will apply when blade or arcade signs are used: (A) The maximum volume allowed shall be sixteen (16) cubic/square feet. The sign shall not exceed four(4) feet in any one (1) direction. The volume/dimensions used to determine size shall not include the bracket or suspension structure. (B) Acceptable materials include painted, polished and patina metal; painted and stained wood; glass; and inlaid stone. (C) The lowest point of any blade/arcade sign must be seven (7) feet above any pedestrian walkway. ' (D) The bracket design shall be integrally planned and detailed and shall be highly ornamental in nature. Brackets shall be consistent throughout their use on any particular building. (E) One (1) blade/arcade sign may be located at each customer entrance. Each sign must be identical and the combination of such signs .shall be deemed as one (1) sign for purposes of this section. ii. Awning Signs. Signs can be applied to awnings according to the following criteria: (A) Letters shall be a maximum height of fourteen (14) inches and located on the front face or any valance element of the awning. The sign area shall not exceed twenty (20) percent of the total awning area with a maximum area equal to one (1) square foot per linear foot of awning width. (B)A logo may be incorporated into the sign, with additional sign area allowed; provided, the total sign does not exceed thirty (30) percent of the total awning area with a maximum of one and one- half (1'/) square feet per linear foot of awning width. (C) Letters and logos shall be sewn or silk-screened onto the awnings in an approved contrasting color. (D) Each awning that is separated by a distance of at least eight(8) inches may contain an identical sign except that the size of the sign shall be determined by the width of each separate awning.The ' combination of such signs shall be deemed as one (1) sign for purposes of this section. 3 IIA3 Ordinance 1637 Page 4 b. Flush-mounted Signs. i. Signs on Glazing. Lettering and logos may be applied directly onto glazed areas according to the following requirements: (A) Signs on glazing shall be limited to the first floor of buildings. (B) Letters are to be a maximum height of ten (10) inches. (C) The total area of the sign shall be no greater than forty (40) percent of the total glazed area upon which it is applied or fifteen (15) square feet, whichever is smaller. (D)Acceptable sign techniques are sandblasted or etched glass, professionally-painted lettering, professionally- and custom-fabricated and -applied vinyl, metal leaf and stained glass. (E) Each glazed area on either side of a customer entrance may contain an identical sign. The combination of such signs shall be deemed as one (1) sign,for purposes of this section. ii. Individual Letters. The following criteria will apply when individual letters are used: (A) Individual letters shall not exceed fourteen (14) inches in height, with the first letter capitals allowed at a maximum height of sixteen (16) inches. (B) Signs using individual letters shall not exceed in length two-thirds (2/3)the overall length of the storefront. (C) Signs shall not exceed a maximum area of one (1) square foot per linear foot of building frontage with a maximum area of fifty (50) square feet. iii. Exposed Neon. Exposed neon signs may only be used in conjunction with food and entertainment uses; where used, the following criteria shall be met: (A) Performance Requirements. See Section 93.20.10(C)(6). (B) Signs shall not exceed a maximum area of one (1) square foot per linear foot of building frontage with a maximum area of fifty (50) square feet. iv. Fascia Panel/Plaque Signs. The following requirements apply: (A) The length of the fascia panel/plaque :shall be a maximum of two-thirds (2/3) the width of the overall storefront. (B)The height of individual letters shall not exceed fourteen (14) inches, with the first letter capitals a maximum of sixteen (16) inches. ' 4 Ordinance 1637 Page 5 (C) The fascia panel/plaque design and finish shall be integrated with the storefront design. (D) Individual letters shall not exceed seven (7) inches in depth from the face of the surface upon which they are mounted. (E)Acceptable materials include cast stone, metal and wood panels with individual metal and wood letters, neon and custom ceramic tile. (F) Letters shall not be closer than six (6) inches from the edge of the fascia panel/plaque. (G) The fascia panel shall not exceed a maximum area of one (1) square foot per lineal foot of building frontage with a maximum area of fifty (50) square feet. 3. Height. Except as otherwise regulated, the top of any sign shall not be higher than the building on which it is located and in no event higher than twenty-eight (28) feet. B. Accessory and Convenience Signs. 1. Each separate business may select one (1) type of accessory signage from the following signage types (see "SIGN TYPES" artwork found at the end of this Section 93.20.09). However, all businesses within a single building or complex of buildings shall use the same type. a. Projecting Signs. i. Blade/Arcade Signs. The following requirements will apply when blade or arcade signs are used: (A) The maximum volume allowed shall be nine (9) cubic/square feet. The sign shall not exceed three (3) feet in any one (1) direction. The volume/dimensions used to determine size shall not include the bracket or suspension structure. (B) Acceptable materials include painted, polished and patina metal; painted and stained wood; glass; and inlaid stone. (C) The lowest point of any blade/arcade sign must be seven (7) feet above any pedestrian walkway. (D) The bracket design shall be integrally planned and detailed and shall be highly ornamental in nature. Brackets shall be consistent throughout their use on any particular building. (E) One (1) blade/arcade sign may be located at each customer entrance where this type of sign is not also located as a main sign. Each sign must be identical and the combination of such signs shall be deemed as one (1) sign for purposes of this section. ii. Awning/Umbrella Signs. The face of an awning or umbrella which does not contain a main sign ' may contain an accessory/convenience sign according to the following criteria: Ordinance 11537 Page 6 (A) Letters shall be a maximum height of four (4) inches and located on a vertical face or any valance element of the awning or umbrella. The sign area shall not exceed four (4) square feet. (B) A logo may be incorporated into the sign, with additional sign area allowed; provided, the total sign does not exceed six (6) square feet. (C) Letters and logos shall be sewn or silk-screened onto the awnings or umbrellas in an approved contrasting color. (D) Each awning or umbrella that is separated by a distance of at least eight(8)inches may contain an identical sign. The combination of such :signs shall be deemed as one (1) sign for purposes of this section. (E) Signs en umbrellas may contain only the name and logo of the business to which they relate. b. Flush-mounted Signs. i. Signs on Glazing. Lettering and logos may be applied directly onto glazed areas, which do not also contain a main sign, according to the following requirements: (A) Signs on glazing shall be limited to the first floor of buildings. (B) Letters are to be a maximum height of ten (10) inches. (C) The total area of the sign shall be no greater than six (6) square feet. (D) Acceptable sign techniques are sandblasted or etched glass; professionally-painted lettering, professionally- and custom-fabricated and -applied vinyl, metal leaf and stained glass. (E) Each glazed area on either side of a customer entrance may contain an identical sign. The combination of such signs shall be deemed as one (1) sign for purposes of this section. ii. Individual Letters. The following criteria will apply when individual letters are used: (A) Where used as accessary/convenience signs, such signs shall be limited to the first floor of buildings. (B) Individual letters shall not exceed twelve (12) inches in height. (C) Signs shall not exceed a maximum area of six (6) square feet. iii. Fascia Panel Signs. The following requirements apply: (A) The height of the fascia panel shall not exceed sixteen (16) inches. ' Ordinance 1637 Page 7 ' (B) The fascia panel design and finish shall be integrated with the storefront design. (C) Individual letters shall not exceed one(1)inch in depth from the face of the surface upon which they are mounted. (D) Acceptable materials include cast stone and wood panels with individual metal and wood letters, neon and custom ceramic tile. (E) Letters shall not be closer than one and one-half(1'/2) inches from the edge of the fascia panel. (F) Signs shall not exceed a maximum area of six (6) square feet. 2. Pedestrian Directory. Where the principal sign for a business, which is located on a property fronting Palm Canyon Drive, is located so that it is not visible from Palm Canyon Drive, a directory may be allowed which will identify the business, or businesses, so affected. The directory must be permanently mounted and may be attached to the building or may be freestanding and shall not impede pedestrian movement. The directory may not be larger than six (6) square feet per face, and signs for the individual businesses shall be no larger than two (2) square feet per face. 3. Use of Attraction Boards by Nightclubs, Cabarets and Theaters. In addition to the other sign usage authorized herein, businesses which offer entertainment to the public shall be allowed one (1) attraction board to advertise such entertainment. The maximum allowable size for an attraction board for a nightclub or cabaret shall be twenty (20) square feet. The maximum allowable size for an attraction board for a theater shall be twenty-five (25) square feet. Multiple theaters may have multiple attraction boards, if the design is compatible with the overall design of the building and/or complex. Showcases may be allowed in addition to an attraction board, if approved as part of the overall design. The copy on the attraction board may be changed at intervals of five (5) minutes or greater. a. Live Theater signs. In addition to sign provisions permitted in Subsection(3) above, live theater signs on historic properties within the Central Business District and City owned historic properties, pursuant to Section 93.17.04, maybe permitted in accordance with provisions listed in Section 93.20.10(7). 4. Customer Convenience Signs. Each individual business shall be permitted the following signs on the entry door, on the building adjacent to the entry door, or inside the glass window nearest to the entry. a. Open/Closed Signs. One (1) square-foot sign per street entrance. b. Service Signs. One (1) sign not more than two (2) square feet in size shall be allowed. c. Menu Boards. Menu boards, with a maximum display size of six (6) square feet per face, may be allowed; such signs shall be professionally designed and constructed. Such signs may not be placed in the public right-of-way. 7 Ordinance 1637 Page 8 d. Hours/Days. Two (2) inch letter/number height per line. e. Credit Cards/Service Decals. Credit card and other service decals may be displayed in a contiguous one (1) square foot area located behind the glass line. C. Prohibited Signs. 1. Signs on umbrellas and shade devices, except as provided by subsections (A)(2)(a)(2) and (13)(1)(a)(2) of this section; 2. "Can" signs with an illuminated translucent background and silhouette letters; 3. Vacuum formed plastic lettering; 4. Pre-cut and pre-packaged, vinyl letters applied to glazing or other storefront surfaces; 5. Signs prohibited by Section 93.20.04 unless otherwise permitted by this section. SECTION 3. Section 93.20.10 is amended to read as follows: General provisions. The following general sign usage provisions and regulations shall apply.The additional sign usage authorized hereunder shall be strictly construed in its application. A. Procedures. 1. Approval and Permits Required. It is unlawful for any person, firm or corporation to authorize, erect, construct, maintain, move, alter, change, place, suspend or attach any sign within the city without first obtaining the necessary permits. Review and approval by the planning commission shall be required for the design and location of signs in excess of fifty (50) square feet. All other signs shall be approved by the director of planning and building, except that either the applicant or the director of planning and building may request review by the planning commission. Sign permit fees shall be established by resolution of the city council. A double permit fee shall be assessed it the installation of a sign is commenced before obtaining a permit. Permits shall be required for the installation of all signs except real estate signs of three (3)square feet or less, sale signs, customer convenience signs (except menu boards), and political and election signs. 2. Special (Permits. Nothing herein contained shall prevent the director of planning and building from granting a special permit for signs pertaining to upcoming events of general public interest when it is shown that such signs will not be materially detrimental to the public welfare nor injurious to adjacent property owners. 3. Appeal. ,Any person aggrieved by a decision to issue, issue with conditions or not issue a sign ' permit by the director of planning and building shall be advised that such application may be placed 8 4111t 5 Ordinance 1637 Page 9 ' on the planning commission agenda for reconsideration. The decision of the planning commission may be further appealed to the city council pursuant to Chapter 2.05 of the Palm Springs Municipal Code. 4. Variances. The provisions of Section 94.06.00 shall apply. In addition to the findings required therein, the planning commission may grant a sign variance based on the findings that due to the physical characteristics of the property and the orientation and design of the structures on the property, strict application of the regulations of the sign ordinance will not give adequate visibility to the signage; that the approved signage will be compatible with the design of the property and will represent the least departure from the standards of the sign ordinance necessary for the effectiveness of the signage; and that the approved signage is compatible with the surrounding property and not contrary to the purpose of the sign ordinance. B. Safety. 1. Signs for Public Safety and Convenience.When deemed necessary,the director of planning and building may authorize and approve signs not to exceed five (5) square feet per face to serve the public safety or convenience, such as "Entrance" signs, "Exit' signs, and 'Parking" signs. 2. Proper Maintenance of Signs. The user, owner or lessee of a sign authorized hereunder shall maintain it as approved in a safe, neat, attractive, first-class condition and in good repair. 3. Obstruction of Passage. Signs shall not be constructed so as to obstruct any door, window, or ' fire escape of any building. 4. "No Trespassing" Signs. A "No Trespassing" or "No Dumping" sign not exceeding three (3) square feet shall be authorized for each parcel of property in addition to other authorized signs and shall be designed and located thereon in a manner satisfactory to the director of planning and building. 5. Glare From Signs. Illuminated signs shall be designed in such a manner as to avoid undue glare or reflection of light onto private property in the surrounding area or right-of-way and shall be erected and located in a manner as approved by the director of planning and building. The intensity of lighting of a sign may be reviewed in the field by the director of planning and building who may require the reduction of intensity. 6. Location of Right-angle Signs. Right-angle signs shall be seven (7) feet or higher above the sidewalk or the right-of-way. Right-angle signs supported by posts or standards shall not extend beyond the property line or into the public right-of-way. 7. Street Address Numbers/Letters. A street address is required and shall conform to the requirements of Chapter 14.04.100 of the Palm Springs Municipal code. When address or other numbers are used as an identification name, they shall conform to all applicable provisions of this section. Street address numbers in excess of eight (8) inches in height shall be considered a sign. ' 8. Exceptions. Nothing herein contained shall prevent the erection, construction or maintenance of official traffic, fire and police signs, signals, devices and markings of the California 9 � l`1A9 t Ordinance 11637 Page 10 Transportation Department,the city councilor of other competent public authorities, or the posting of the notices required by law. C. Other. 1. Signs for Public and Quasi-Public Uses. (Directional and public convenience signs for public and quasi-publiic uses may be permitted on public property. The design must conform to standard directional sign specifications promulgated by the director of planning and building and approved by the planning commission. The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the director of planning and building. 2. Color of Signs. All signs regulated by this section shall contain no more than four (4) colors. Black and white shall be considered as colors. Logos, in which text does not comprise an area greater than seventy-five (75) percent, may contain no more than six (6) colors such that the total number of colors of the sign of which the logo is a part shall not exceed six (6). 3. Signs on Awnings, etc. Painted, nonilluminated or indirectly lighted signs may be permitted on the boarders of marquees, canopies, awnings, umbrellas or similar structures or attachments if located and erected in a manner satisfactory to the director of planning and building. Such signs shall be included in the total authorized sign area. 4. Signs on Vehicles. No person shall drive, operate, move in or along, or park on any street or on public or private property, any truck, trailer, carriage, wagon, sled or other vehicle on which is attached or maintained any sign displaying any commercial or noncommercial advertising matter for the sole or primary purpose of displaying such advertising matter, which is declared to be a nuisance aind a violation of this section, except for the following: a. The driving, operation and movement of vehicles displaying political campaign advertisements for candidates for public office and ballot measures; provided,the same is not otherwise prohibited by this section; b. The identification of a business enterprise upon a vehicle used primarily for the purpose of and in the usual business of the owner for transporting or servicing goods or persons for commercial or other business purposes; provided that, the identification is painted on or otherwise affixed so as not to project from the unusual profile of the vehicle; c. The incidental display of noncommercial stickers, plates, license plate brackets, and the like; or of customary small identifications on license plat brackets or elsewhere, of vehicle manufacturers, models or types of vehicles, or dealers or entities from whom vehicles bearing the same were purchased or otherwise obtained; d. A single isolated movement of a sign or sign equipment or materials from one (1) place to another within the city; e. Vehicles located on construction sites that are directly involved with ongoing construction. The parking of any such vehicle on any street or on public or private property, or the movement of any 10 41 /� Ordinance 1637 Page 11 ' such vehicle in and along any street for the sole or primary purpose of displaying advertising matter is declared to be a nuisance and a violation of this section. 5. Multiple Frontage Lots. All sign areas allowed in this section shall be allowed on each street frontage of a multiple frontage lot; provided that, the same use of the property extends through from street to street. Consolidation of sign areas permitted on each frontage to one (1) sign is prohibited. Total sign areas as established elsewhere in this section shall supersede this item. 6. Exposed-Tube Neon, Fibre Optics and Other High-Intensity Signs. The design and placement of neon, fibre optic and other high-intensity signs shall be subject to the following provisions: a. The use of such signs shall be limited to main signs and customer convenience signs. Prefabricated signs are prohibited except for customer signs; customer convenience signs shall be limited to a single color. b. Neon, fibre optics and other high-intensity signs which exhibit glare and high contrast with their surroundings are discouraged. Additional lighting may be required to adjust the ambient light background of the proposal. c. The number, locations and overall impact of pre-existing neon, fibre optics and other high- intensity signs shall be considered in judging the appropriateness of proposed signs, d. All tubing, conduit, transformers and other paraphernalia not part of the actual sign face shall be concealed from view. e. All neon, fibre optic and other high-intensity signs shall be installed with solid state transformer dimmers. The intensity level of all such signs shall be reviewed in place and adjusted to appear at a level consistent with other lighted signs in the vicinity. 7. Live Theater Signs on Historic Properties within the Central Business District and City Owned Historic Properties. Live theater signs, not withstanding compliance with Section 93.20.00, in conjunction with historic properties within the Central Business District and or City owned historic properties, pursuant to Section 93.17.04, may be permitted when all the following apply: a. Signs shall not alter the historic character of a structure; b. Signs are visually creative; c. Light source of signs shall not be excessively bright or obtrusive to passing vehicular traffic, pedestrians and surrounding uses. See Section 93.20.1 O(C)(6); d. If sound is proposed, said sound shall not be audible by a adjacent business or nearby residential properties; e. Signs and related media displays shall be designed and located to be oriented towards pedestrians and shall be limited to a size proportional to the pedestrian scale adjacent to the sign location; and f. Signs shall be part of a sign program subject to Planning Commission Architectural approval. ' (Ord. 1538 (part), 1996; Ord, 1422, 1992; Ord. 1418 (part), 1992; Ord. 1354 (part), 1990; Ord. 1294 (part), 1988) �� In Ordinance 1637 Page 12 SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5 PUBLICATION. The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED THIS 1st day of October , 2003. AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: Member Hodges CTTESABSTENTIONS: None `fig ��FpR T:� JL�Ln o I Y P . M1Al`" a City Clerk Mayor REVIEWED & APPROVED: HEREBY CERTIFY THAT THE FOREGOING Ordinance 1637 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 1st day of October, 2003, and that a summary of same was published in the DESERT SUN, a newspaper of general—circulation on September 26, 2003 and October 7th, 2003. (l 11 PATRICIA A. SANDERS City Clerk 12 /I tjL