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°g4301at �P CITY COUNCIL STAFF REPORT
DATE: November 15, 2017 Public Hearing
SUBJECT: INTRODUCTION OF AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING AND RESTATING THE CITY'S
SIGN ORDINANCE, SECTIONS 93.20.01 THROUGH 93.20.12,
RELATED SECTIONS 12.28.050, 14.16.010, AND 91.00.10, AND
REPEALING THE CITY'S SIT AND LIE ORDINANCE, SECTION
12.12.055, PALM SPRINGS MUNICIPAL CODE, AND ADOPTION OF
IDENTICAL INTERIM URGENCY ORDINANCE (4/51hs Vote Required)
FROM: David H. Ready, City Manager
BY: Edward Z. Kotkin, City Attorney
SUMMARY
The proposed amendment to the City's Sign Ordinance amends and updates its
provisions, providing standards based on time, place, and manner considerations.
eliminating standards based on the content of signs and conforming to Council direction
Per this Ordinance, the Council (i) mandates that portable signs, now distinguished from
temporary signs, may be maintained on public sidewalks throughout the City, subject to
objective design and locational requirements, (H) modifies and simplifies regulation of
temporary signs, (iii) updates regulation of sign programs, (iv) provides for new
penalties and enforcement mechanisms, (v) facilitates future administration and
interpretation of the Sign Ordinance, and (vi) repeals the City's "sit and lie" ordinance.
There is a parallel and substantively identical interim urgency ordinance that must be
adopted based upon the expiration of Ordinance 1934.
RECOMMENDATION:
1) Open the Public Hearing and receive public testimony.
2) Waive the reading of text in its entirety, read by title only, and introduce for first
reading Ordinance No. , AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND RESTATING THE CITY'S SIGN ORDINANCE,
SECTIONS 93.20.01 THROUGH 93.20.12, RELATED SECTIONS 12.28.050,
14.16.010, AND 91.00.10, AND REPEALING THE CITY'S "SIT AND LIE" ORDINANCE,
SECTION 12.12.055, PALM SPRINGS MUNICIPAL CODE,
3) Waive the reading of the text in its entirety, read by title only, and adopt
Ordinance No. , AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING THE CITY'S
SIGN ORDINANCE, SECTIONS 93.20.01 THROUGH 93.20.12, RELATED
ITEM MO. a -A-
City Council Staff Report
November 15 2017 -- Page 2
Sign Ordinance, Interim Urgency Sign Ordinance
SECTIONS 12.28.050, 14.16.010, AND 91.00.10, AND REPEALING THE
CITY'S "SIT AND LIE" ORDINANCE, SECTION 12.12.055, PALM SPRINGS
MUNICIPAL CODE (4/5thS VOTE REQUIRED
STAFF ANALYSIS:
LEGALBACKGROUND
In 2015, the United States Supreme Court issued a decision rejecting "content based"
regulation of signs. Language in a concurring opinion signed by multiple Justices
indicated that cities are not "powerless to enact reasonable sign regulations," and
offered examples of the kind of rules that "would not be content based:"
• Rules regulating the size of signs. These rules may distinguish among signs
based on any content-neutral criteria, including any relevant criteria listed below.
• Rules regulating the locations in which signs may be placed. These rules may
distinguish between free-standing signs and those attached to buildings.
• Rules distinguishing between lighted and unlighted signs.
• Rules distinguishing between signs with fixed messages and electronic signs
with messages that change.
• Rules that distinguish between the placement of signs on private and public
property.
• Rules distinguishing between the placement of signs on commercial and
residential property.
• Rules distinguishing between on-premises and off-premises signs.
• Rules restricting the total number of signs allowed per mile of roadway.
• Rules imposing time restrictions on signs advertising a one-time event. Rules of
this nature do not discriminate based on topic or subject and are akin to rules
restricting the times within which oral speech or music is allowed. (a footnote
explains that time, place and manner restrictions "must be narrowly tailored to
serve a legitimate government interest)
In its conclusion, the same concurring opinion indicated that the law is stated in this
important case does "not prevent cities from regulating signs in a way that fully protects
public safety and serves legitimate esthetic objectives."
The Council subcommittee met with interested parties and constituencies. Consistent
with the input gathered and direction of this Council at previous Council meetings, the
subcommittee has developed and refined an approach that would allow portable signs
on City sidewalks throughout the City, including Downtown and Uptown, subject to
specific guidelines and requirements. These requirements are generally as follows:
City Council Staff Report
November 15 2017 -- Page 3
Sign Ordinance, Interim Urgency Sign Ordinance
1. Portable signs are no longer identified as a form of temporary sign. They are
treated as the unique form of communication that they represent. They will be
available to any business in the City that meets all application criteria.
2. A portable sign may only be placed between a public entry into the tenant space
and the nearest fronting street or parking drive aisle. The sign may be placed in
the sidewalk public right-of-way, as close to the building or tenant space as
possible, and no less than 3 feet from any street or parking curb. In no case may
any portable sign impede pedestrian traffic. A 72-inch clear paved pathway for
ADA access must be maintained at all times. A portable sign shall not be placed
on the parking curb, gutter or street. The placement of a portable sign on a
public sidewalk pursuant to this Subsection is not a right; the portable sign shall
not be allowed if all of the minimum requirements for the placement of the
portable sign as provided in this Subsection C cannot be met.
3. A portable sign shall not exceed 42 inches in height and 32 inches in width. The
sign may be two-sided.
4. The portable signs will be subject to the following:
a. Frame: The sign frame may be a single- or two-pole metal frame, or it
may be an A-frame.
b. Design: The sign may be of high quality, durable construction, consistent
with the design guidelines established by the Director of Planning
Services. The Director has consulted with the Subcommittee and finalized
these guidelines. They are attached to this staff report for information
purposes.
c. Insurance and Indemnification: Any applicant wishing to place a portable
sign in the right-of-way will provide proof of insurance satisfactory to the
city attorney and execute an indemnification of the city with respect to the
sign.
d. Base Required: The sign frame shall include a heavy base to prevent
unintended movement caused by wind or other minimal force. Signs
which require additional weighting (sandbag, concrete block, etc.) are not
allowed.
e. Sign Copy: The sign copy shall be produced professionally; in compliance
with the
design guidelines.
f. Attachments: No lighting, balloons, or other attachments are allowed.
g
Permit: A permit, encroachment license or agreement will be required for a
portable sign.
5. Each portable sign will require an annual permit pursuant to either an agreement
with the City, the encroachment process, or an approved Sign Program.
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City Council Staff Report
November 15 2017 -- Page 4
Sign Ordinance, Interim Urgency Sign Ordinance
6. A simple and direct definition of right-of-way is incorporated in the sign ordinance
to eliminate uncertainty as to the City's requirements.
7. Under extremely limited circumstances when there is no feasible alternative, and
in residential zones only, a temporary sign may be placed in right-of-way.
Pursuant to this Council's initiation of action on this item on April 5, 2017, the Planning
Commission met and considered this item in a public hearing its regular meeting last
week on May 10, 2017. The Planning Commission made four (4) suggested
modifications in recommending Council approval of this Ordinance.
1. Reduce the size of temporary signs in single-family residential zoning districts to
no more than four (4) square feet.
2. Allow up to two (2) permanent signs of up to one half (1/) square feet each in
single-family residential zoning districts.
3. Eliminate the sixty (60) day limitation on temporary signs in single-family zoning
districts.
4. Allow remote temporary directional signs in single-family residential zoning
districts where site conditions may prohibit or limit the display of temporary (real
estate) signs directly on the subject site.
To the extent that discussion at the Planning Commission in support of these
suggestions reflected consideration of sign content, the suggestions must be rejected.
However, to the extent that these suggestions regulate the time, place and manner in
which signage can be permitted, consistent with the above-referenced Gilbert, Arizona
case referenced above, the Council may wish to accept them. The Ordinance as drafted
removes the sixty (60) day time limit on temporary signs in residential zones.
The Council previously considered three (3) provisions of the proposed Ordinance that
deal with non-zoning issues, i.e., eliminating the prohibition of parking on the side of the
road to display a vehicle for sale, changing the definition of "Director' in the municipal
code chapter dedicated to encroachments from the community development director to
the public works director, and repealing the City's "sit and lie" ordinance. The Planning
Commission has taken no action on those provisions.
Additional changes to this comprehensive sign ordinance have been drafted since its
last consideration by the Council. They may be summarized as follows:
A. The abatement, penalty and appeal provisions have been overhauled and
improved for clarity, practical enforceability and effective impact.
B. Extraneous material has been removed from the ordinance (e.g., definitions not
used in any provision of the ordinance)
C. Provisions regarding Sign Programs have been updated
D. Inconsistencies have been removed (e.g., considering
E. Consolidate temporary sign provisions for single-family and multi-family
residential zones.
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City Council Staff Report
November 15 2017 -- Page 5
Sign Ordinance, Interim Urgency Sign Ordinance
F. Address temporary signage on vacant property more aggressively. (Note: The
city attorney consulted with the general counsel and planning staff of the Agua
Caliente Band of Cahuilla Indians regarding this regulatory provision that will be
enforced throughout the City).
When the sign ordinance last appeared before the City Council, the staff report
discussed the City's sit-and-lie ordinance, and relayed information about a 2015
Department of Justice "Statement of Interest" in a case involving the City of Boise,
Idaho "sit and lie" ordinance. The statement focused on the plight of the homeless, and
the government advocated against cruel and unusual punishment of unavoidable
conduct. All of that said, the protections of the Americans with Disabilities Act must be
assured, and its provisions enforced. Further, it is imperative that Palm Springs'
sidewalks, streets and right-of-way, including but not limited to street parking locations
along curbs, remain safe and accessible to pedestrians and to drivers seeking to park,
and enter or leave a vehicle, regardless of their physical condition or capacity. The
importance of this safety and accessibility cannot be overstated in the context of busy
commercial areas with extensive foot traffic and significant vehicle traffic, coming and
going.
In meetings with stakeholders, the Council subcommittee and former city attorney
discussed the relationship between the forthcoming amendments to the sign
ordinance's portable sign provisions and the "sit and lie" ordinance. Factors including
the placement of portable signs in the public right-of-way, and the limited effectiveness
and impact the City's "sit and lie" ordinance precipitated support for the City's repeal of
its "sit and lie" ordinance. The Chief has advised that citations issued for violations of
Palm Springs Municipal Code (PSMC) Section 12.22.055, i.e., the "sit and lie"
ordinance, totaled one (1) during 2016 and one (1) during 2017 to date.
The police chief and city attorney have discussed the City's important interest in
maintaining free passage sidewalks, streets, and right-of-way including street parking
locations along curbs, and agree that relevant PSMC provisions and applicable state
law afford patrol officers the tools that they need to maintain public safety in this area.
Intelligent policing of "sit and lie" type activities, in the context of an enlightened
approach to persons who find themselves sitting or lying on sidewalks is not only
possible, it is reality in Palm Springs. The capacity of the City's law enforcement
personnel to address people sitting or lying on the pavement or curb does not depend
upon a "sit and lie" ordinance, but rather upon a common-sense approach to
maintaining the free passage, without obstruction or unreasonable interference, of
pedestrians, motor vehicles, and other modes of travel.
As of November 11, 2017, the City reverted to its "old" Sign Ordinance which is
inconsistent with the content neutrality advanced by this Ordinance. Staff is not
comfortable with the status quo, and recommends that the Council take action tonight to
not only adopt the proposed Ordinance, but also adopt an interim urgency ordinance
that is equal in content to the "regular" ordinance, but will be effective immediately. The
interim urgency ordinance will bridge the time that the City must wait before the regular
ordinance will be effective. The interim urgency ordinance expires on January 31, 2018,
but will be superseded once the regular ordinance becomes effective, before that date.
05
City Council Staff Report
November 15 2017-- Page 6
Sign Ordinance, Interim Urgency Sign Ordinance
ALTERNATIVES:
Introduce this Ordinance with modifications as directed by Council at the public hearing.
Refer this matter back to staff for further analysis as to any specific provision of this
Ordinance not satisfactory to the Council.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
This Ordinance is not a "project" for purposes of the California Environmental Quality
Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378.
This Ordinance is organizational or administrative activity by the City of Palm Springs in
furtherance of its police power, and will not result in a direct or indirect physical change
in the environment, per section 15378(b)(5) of the Guidelines.
FISCAL IMPACT:
Not analyzed herein.
Edward Z. Kotkin, City Attorney Marcus L. Fuller, Assistant City Manager
David H. Ready, Esq., Ph.D., anager
Attachments:
A. Proposed Ordinance
B. Proposed Interim Urgency Ordinance
C. Portable Sign Design Guidelines
06
ATTACHMENT A
07
ORDINANCE No.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND RESTATING THE CITY'S
SIGN ORDINANCE, SECTIONS 93.20.01 THROUGH
93.20.12, RELATED SECTIONS 12.28.050, 14.16.010,
AND 91.00.10, AND REPEALING THE CITY'S "SIT AND
LIE" ORDINANCE, SECTION 12.12.055, PALM SPRINGS
MUNICIPAL CODE
City Attorney Summary
This Ordinance amends provisions of the City's Sign
Ordinance, providing narrowly tailored standards based on
time, place, and manner considerations that advance the
City's interests, and minimizing standards based upon
content, and repeals the City's "Sit and Lie"Ordinance.
The City Council of the City of Palm Springs City Council Ordains:
SECTION 1. Amend the Sign Ordinance of the City of Palm Springs (PSMC Sections
93.20.01 through 93.20.11) in its entirety to read as follows:
93.20.00 Signs.
Sections 93.20.01 through 93.20.11 contain the regulations for signs in the City.
93.20.01 Short Title.
Sections 93.20.00 through 93.20.11 may be referred to as the Sign Ordinance of
the City of Palm Springs.
93.20.02 Purpose.
A. Recognizing that Palm Springs is one of the country's foremost desert resorts,
the City Council finds that proper sign control is necessary to maintain the high
aesthetic values which both residents and visitors to the city have come to expect.
Signs shall complement the architecture of the building on which they are placed and/or
the immediate surroundings, including such elements as size, color, location, graphic
presentation, landscaping, lighting and construction material. The Sign Ordinance
provides equitable standards for all businesses to identify the location of goods and
services. Main identification sign(s) shall be allowed in conjunction with
accessory/convenience signs as necessary.
B. Therefore, the purpose of this Sign Ordinance is to provide standards to
safeguard life, health, property and the public welfare and to provide the means for
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adequate identification of businesses and other sign users by regulating and controlling
the design, size, color, illumination, movement, materials, height, condition, location and
maintenance of all signs placed on private property thereby ensuring the protection of
property values, the character of the City's neighborhoods, the creation of a convenient,
attractive, and harmonious community, while encouraging economic development and
activities in the City. The Sign Ordinance through the regulation of the use of on
premise and off-premise signs, whether temporary or permanent in nature, also
promotes the public health, safety, and general welfare of persons living, working,
walking, driving, or otherwise engaged in activities within the City. The Sign Ordinance
is intended to provide adequate visual identification of activities through commercial and
non-commercial speech display while regulating the design, quality of materials,
location, number, size, and maintenance of all signs and sign structures.
C. It is the intent of the City Council that the Sign Ordinance will balance the needs
of the City's residents, businesses, institutions, and visitors for adequate identification,
communication, and advertising with the objectives of protecting public safety and
welfare and preserving and enhancing the aesthetic character and environmental
values of the community, by (1) Encouraging communications that aid orientation and
promote economic vitality while preventing visual clutter that will detract from the
aesthetic character of the City; (2) Applying basic principles of good design and
sensitivity to community appearance to signage to avoid the creation of nuisances and
privacy violations that will degrade the value of surrounding properties; (3) Enhancing
safety by ensuring that signs are designed, constructed, installed, and maintained in
compliance with minimum standards necessary to provide adequate visibility and to
avoid the creation of hazards or unreasonable distractions for pedestrians or drivers;
and (4) Ensuring that the constitutionally-guaranteed right of free speech is protected.
D. In adopting the Sign Ordinance, including its concomitant regulation of signs on
public property and rights-of-way, the City Council acts in its proprietary capacity
consistent with the City's general powers, property rights, Sections 65850(b), 38774,
and 38775 of the Government Code, Section 5200 et seq. of the Business and
Professions Code, Section 556 et seq. of the Penal Code, and Section 200 of the City
Charter.
93.20.03 Definitions.
The following definitions shall apply to Sections 93.20.00 through 93.20.11 unless
another meaning is clearly apparent from the context.
"Abandoned sign" means a sign which no longer directs, advertises, or identifies a legal
business establishment, product or activity on the premises where such sign is
displayed.
"Abatement" means elimination and removal of any sign in violation of the Palm Springs
Sign Ordinance.
"Affixed" means to be attached in any manner, including, but not limited to, adhesive
substances or suction, or to be touching in any way, especially leaning against.
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"Amortization" means the gradual extinction of nonconforming signs.
"Animated sign" means any sign with action or motion, color changes requiring electrical
energy, electronic or manufactured sources of supply which the copy changes
automatically or on which copy is changed manually (e.g., reader boards with
changeable letters).
"Arcade/blade sign" means a sign with text or graphics printed on both sides of a solid
surface attached perpendicular to the normal flow of traffic.
"Awning sign" means a graphic image that is painted on, or attached to, an awning,
canopy, or marque.
"Banner" means a sign composed of lightweight material either enclosed or not
enclosed in a rigid frame.
"Banner Sign" means a strip of cloth or other flexible material approved by the City
Manager on which a sign or message is painted calling attention to the City, its natural
advantages, resources, enterprises, attractions, climate, facilities, businesses, and
community.
"Building frontage" means the linear length of a building facing a public street, parking
lot, plaza or pedestrian mall.
"Cabinet sign" or "can sign" means a sign that contains all the text and/or logo symbols
on the display face within an enclosed cabinet.
"Canopy" means a permanent roof-like shelter extending from part or all of a building
face and constructed of some durable material which may or may not project over a
public right-of-way.
"City Manager" means the City Manager or his/her designee.
"Code Enforcement Official" means the City Manager or the City Manager's designee
including without limitation the Building Official, the Police Chief, the Fire Marshall.
"Directional sign, Sign District" means one or more signs located within a Sign District
primarily providing direction to guide vehicles and pedestrians to such Sign District and
businesses therein and can include signs identifying parking areas, circulation patterns,
and names of businesses.
"Directory Sign" means a sign identifying and locating residential, business or industrial
uses within a building, subdivision, planned development, center or complex.
"Directory sign, pedestrian" means a pedestrian oriented sign that provides an
organized list of names, people, offices, or facilities located within a given building or
area, located at a public access point to the building, including a lobby.
"Downtown" means that portion of the City within the boundaries of Alejo Road on the
north, Ramon Road on the south, Belardo Road/Museum Drive on the west and Indian
Canyon Drive on the east. This area includes both sides of Palm Canyon Drive, Amado
Road, Andreas Road, Tahquitz Canyon Way, Arenas Road and Baristo Road within
such boundaries.
"Fascia Panel/Plaque Sign" means a sign mounted to a wall or other vertical surface
and does not project from the wall.
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"Freestanding" or "monument sign" means any sign which is not attached to a building
or fence, or a wall attached to a building.
""Frontage" means that portion of a parcel of property which abuts a public street or
highway or approved private street and "building frontage" means the side of a building
closest to a public street or highway or approved private street.
"Government sign" means any sign posted, erected, or installed by the City, the County
of Riverside, the State of California, or any other government agency or public utility in
the exercise of its responsibilities or in furtherance of governmental speech.
"Height of sign" means the distance measured from the adjacent finished grade to the
highest projection of the sign structure, including architectural design features.
"Main sign" means the largest single permitted sign on a property.
"Menu board" means a changeable point-or-purchase sign that provides a list of
products and prices.
"Multi-tenanted building" means a building containing more than one (1) individual
business within a shopping, professional, or industrial area.
"Mural" means a painting or artwork temporarily or permanently affixed to a building
wall, freestanding wall, or fence, distinguished from signage in that it does not advertise
a business, commercial endeavor, or product sold or offered on the site or off-site.
"Neighborhood entry sign" means a sign located on private property that identifies a
defined single-family neighborhood or subdivision.
"Nonconforming sign" means a sign lawfully erected but which does not conform to the
current provisions of the Sign Ordinance or approved Sign Program.
"Off-site," "billboard," and "off-premises signs, billboards and posters" means any sign
which advertises goods, products, services, or facilities not necessarily sold on the
premises on which the sign is located or displays advertising not related to the use of
the property upon which the sign exists.
"Portable sign" means any small, portable, free-standing sign placed in front of a
business establishment anywhere in the City.
"Right-of-way" means the entire area that is less than five (5) feet away from any curb,
or from any roadway surface without a curb in a location where there is no sidewalk, or
the area between the interior edge of any sidewalk, i.e., the sidewalk edge furthest from
the street, and the curb or roadway surface.
"Service sign" means any assemblage of verbiage designed to advertise currently
available services or products offered by a business. The term "Service Sign" also
includes menu boards and variable message signs.
"Sign" means any identification, description, illustration or device illuminated or non-
illuminated, which is visible from any public place or is located on private property and
exposed to the public and which directs attention to a product, place, activity, person,
institution, business or solicitation with the exception of window display. Any emblem,
painting, banner, pennant, placard, lighting or other item, designed to advertise, identify
or convey information shall be considered a sign. National flags or flags of political
subdivisions shall not be construed as signs. Unless otherwise stated, an interior unlit
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sign or graphic, other than sale sign, with letters or numbers less than two (2) inches
high per foot of distance from the glass at the frontage line shall be exempt from
provisions of the Sign Ordinance. Unless otherwise stated, the ordinance codified in this
section does not apply to signs located further than three (3) feet from the street front
glass.
a. This definition shall not include official notices issued by any court or
public body or officer or directional warning or information sign or structures
required by or authorized by law or by federal, state, county or city authority. Nor
shall it apply to an interior unlit sign or graphic, other than a sale sign, with letters
or numbers less than two (2) inches high per foot of distance from the street front
glass nor to signs located further than three (3) feet from the street front glass.
b. This definition shall not include murals as reviewed and approved by the
City Council pursuant to Chapter 5.81 of this Code.
"Sign area" means the entire area within any type of perimeter or border, which
encloses the outer limits of any writing, representation, emblem, figure or character. The
area of a sign having no such perimeter or border shall be computed by enclosing the
entire area utilized by any writing, representation, emblem, figure or character within a
single continuous rectilinear perimeter of the smallest size and computing the area.
"Sign District" means a defined commercial and/or business area of the City consisting
of two or more legal lots of record where signs are subject to an approved Sign
Program.
"Sign Ordinance" means the "Sign Ordinance of the City of Palm Springs."
"Sign program" means design criteria established to guide the design and location of all
signs on a building or within a complex or a Sign District; Sign Programs can, but need
not mandate specific elements such as material, color, size, location, lighting, and
uniformity.
"Special Event" is any single event or series of events that occur on an infrequent basis
and takes place at a specific location in which the public is encouraged or invited to
watch, listen, participate, or purchase goods and/or services, including, but not limited
to, the following:
a. Commercial sales, including pre- and post-holiday sales;
b. Arts and crafts shows, trade shows, antique shows, and other
similar events;
C. Carnivals, fairs, circuses, and similar activities;
d. Outdoor shows, concerts, and exhibitions;
e. Annual events
"Temporary sign" is any sign, handbill, or poster which is placed to advertise or
announce a special event, or which pertains to a particular event or occurrence, or
which is not permanently anchored or secured to a building and not having supports or
braces permanently secured in the ground, including but not limited to "political signs,"
"election signs," and 'real estate signs." The term "temporary signs" does not include
any government sign.
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"Uptown" means that portion of the City within the boundaries of Alejo Road on the
south, Vista Chino on the north, the west side of Palm Canyon Drive on the west, and
Indian Canyon Drive on the east.
"Variable message sign" means a sign on which the copy can be changed, either
manually or electronically.
"Wall sign" means a sign painted on a wall. The term "wall sign" also means a flat sign
placed on or attached to a wall of a building, synonymous with the term `fascia
panel/plaque sign."
"Window sign" means a sign with text or graphics printed or etched into a window of a
structure. "Window sign" also means a sign displayed in the interior of a structure that
is clearly visible through an exterior window.
93.20.04 Prohibited Signs.
A. Any sign not specifically authorized by the Sign Ordinance shall be prohibited
unless required by law or utilized by a proper governmental agency.
B. The following signs are expressly prohibited:
1. Rotating, Moving, Flashing, Reflecting, Prismatic, or Blinking Signs.
Animated Signs, including without limitation 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 or approved as a
permanent architectural feature pursuant to Section 94.04.00 (Architectural
review), or Section 93.20.10 (Signs—General Provisions).
2. Signs on Public Property or Rights-of-Way.
Signs on public property or rights-of-way shall be prohibited unless (1) otherwise
expressly authorized in this Sign Ordinance, (2) provided through an approved
sign program applicable to a Sign District adopted by the City Council, or (3)
approved through a portable sign permit, encroachment license or agreement.
Any portable sign approved or permitted pursuant to this Code shall be located in
a manner fully compliant with all standards and regulations regarding access for
persons with disabilities.
3. Off-Premises Signs, Billboards, and Posters.
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 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;
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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;
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 fighting words, obscene matter, or create a clear and
present danger to the general public;
11. Signs employing exposed raceways, ballast boxes, transformers,
crossovers or conduits, unless otherwise approved by the Director or the
Planning Commission;
12. Signs attached, affixed to or from the interior of any merchandise or
products displayed outside of permanent buildings.
13. Cabinet signs;
14. Bench Signs
All forms of bench signs or bus stop advertising are prohibited in all zones
except where State law expressly grants to a public transportation agency rights
to such signage.
93.20.05 Permitted signs—Commercial and Industrial Business.
A. Permitted signs — Main Sign. Each separate business shall be allowed one (1)
Main Sign as follows:
Main Sin Commercial and Industrial Districts
Maximum Number 1 Main Sin per frontage.
Permitted Sign Types Wall Sign, Monument Sign, Freestanding Sign, Awning
Si n, Arcade/Blade Sign, Window Sign.
Maximum Area .Within 100' of R.O.W.: 1 square foot per lineal foot of
frontage facing the R.O.W., plaza, or parking lot, not to
exceed 50 square feet.
•More than 100' from R.O.W.: 1-1/2 square feet per
lineal foot of frontage facing the R.O.W. or parking lot,
14
Page 7
Main Sin Commercial and Industrial Districts
not to exceed 75 square feet.
•Over 50 feet of lineal frontage: A single business with
over 50 feet of frontage on a R.O.W. or parking lot shall
be entitled to an additional 1 square feet of sign area
for each 4 feet of frontage in excess of 50 lineal feet,
and an additional 1 square feet of sign area for each 8
feet of frontage in excess of 100 lineal feet.
•Buildings within 1000 feet of Interstate 10 R.O.W.: 1-
1/2 square feet per lineal foot of frontage facing
Interstate 10, not to exceed 150 square feet.
•Monument Signs or Freestanding Signs located at a
right angle to the R.O.W.: Each face shall be allowed
75% of the area otherwise permitted for the Main Sign.
•Businesses not on the ground floor: Businesses
located wholly above the ground floor and facing a
R.O.W. shall be entitled to 50% of the sign area
permitted for businesses on the ground floor of the
building.
Sign Separation No Main Sign shall be closer than 10 feet from any other
sign permitted hereunder; for signage facing Interstate
10, no sign shall be closer than 25 feet from any other
sin permitted hereunder.
Maximum Height •Height—Wall Signs, Awning Signs, Arcade/Blade
Signs. The top of any sign shall not be higher than the
building on which it is located, and in no event shall the
sign be higher than 28 feet.
*Height— Freestanding Signs, Monument Signs. The
maximum height shall be 8 feet, unless otherwise
ermitted by Subsection 93.20.08E .
Additional Standards •Signage shall be located adjacent to or on the building
facing the frontage line.
•All sign area allowed under this section shall be
allowed on each street frontage of a multiple frontage
parcel, provided that the same use of the property
extends through from street to street. Consolidation of
sign areas permitted on each frontage to one sign is
rohibited.
Illumination Permitted Internal, external
Permit Required Yes
B. Permitted signs —Secondary Signs. Each separate business shall be allowed
Accessory and Convenience Signs as detailed below, in addition to a Main Sign:
1. Accessory Sin Commercial and Industrial Districts
Maximum Number 1 sign shall be permitted where the Main Sign is not
visible to pedestrian traffic.
Permitted Sign Types Arcade/Blade Sign, Awning Sign, Window Sign.
15
Page 8
1. Accessory Sin Commercial and Industrial Districts
Maximum Area 6 square feet; 4 square feet per sign face if located at a
ri ht an le to the street.
Maximum Height The top of the sign shall not be higher than the building
on which it is located, and shall be located a minimum of
7 feet above any pedestrian walkway.
Additional Standards .The sign may be divided on either side of a fascia or
architectural element.
•The sign shall be designed and located so as to not
distract from the appearance of the building.
Illumination Permitted No illumination permitted.
Permit Required Yes
2. Customer Convenience Signs Commercial and Industrial Districts
2(a). Open/Closed Signs
Maximum Number 1 sin per frontage.
Permitted Sign Type Window Sign.
Maximum Area 1-1/2 square feet.
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted Internal Illumination only.
Permit Required No
2(b). Service Signs
Maximum Number 1 sin per business.
Permitted Sign Type Wall Sign, Window Sign
Maximum Area 2 3 square feet
Location Sign may be located on the interior of a window or on a
wall adjacent to the front entrance of the business.
Illumination Permitted No illumination permitted.
Permit Required No
2(c). Hours/Days
Maximum Number 1 sin per business.
Permitted Sign Type Window Sign.
Maximum Area Maximum 2" letter/number height per line.
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted No illumination permitted.
Permit Required No
2(d). Credit Card Decals
Maximum Area All credit card or other service decals shall be displayed
in a conti uous 1 square foot area.
Permitted Sign Type Window Sign.
Location Credit card and other service decals shall be located on
the interior of a window or door on the building frontage.
Permit Required No
2(e). Listing of Business
Associates and/or Sub-lessees
Maximum Number 1 sin per entrance.
Permitted Sign Type Window Sign.
Page 9
Maximum Area All text shall be displayed in a contiguous 3 square foot
area.
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted No illumination permitted.
Permit Required No
3. Pedestrian Sign Directory Commercial and Industrial Districts
Maximum Number 1 per multi-tenant building
Maximum Area 6 square feet per side; the sign for individual tenants
shall be limited to no more than 2 square feet per side.
Location Sign directory may be attached to a building wall, or may
be a monument sign.
Illumination Permitted Internal, External
Permit Required Yes
C. Portable Signs. One (1) sign shall be allowed for each tenant space with frontage
along a public street. Multiple businesses within a single tenant space shall be limited to
one (1) portable sign overall. The portable sign shall be subject to the following
requirements:
1. Portable Sin Commercial and Industrial Districts
Maximum Number One (1).
Location A portable sign may only be placed between a public
entry into the tenant space and the nearest fronting
street or parking drive aisle. The portable sign may be
placed in the sidewalk public right-of-way, as close to
the building incorporating the tenant space as possible,
and in no event less than three (3) feet from any street
or parking curb. Further, in no case may any portable
sign impede pedestrian traffic. A 72-inch wide clear
paved pathway for ADA access must be maintained at
all times. A portable sign shall not be placed on the
parking curb, gutter or street. The placement of a
portable sign on a public sidewalk pursuant to this
Subsection is not a right, and shall only be allowed in the
event that the City issues a permit, granted upon an
applicant's compliance with the minimum requirements
as provided in this Subsection C.
Dimensions A portable sign shall not exceed forty-two (42) inches in
height and thirty-two (32) inches in width. The sign may
be two 2 sided.
Page 10 1.7
1. Portable Sin Commercial and Industrial Districts
Design Standards . Frame: The sign frame may be a single- or two-pole
metal frame, or it may be an A-frame. The sign shall
comply with administrative design guidelines adopted
by the Director of Planning Services pursuant to and
consistent with this Subsection C.
• Base Required: The sign frame shall include a heavy
base to prevent unintended movement caused by wind
or other minimal force. Signs which require additional
weighting (sandbag, concrete block, etc.) are not
allowed.
•Sign Copy: The sign copy shall be produced
professionally and in compliance with the above-
referenced design guidelines.
•Attachments: No lighting, balloons, or other
attachments are allowed.
Insurance and Indemnity A permit for a portable sign shall only be issued upon the
applicant's submission of proof of commercial general
liability insurance applicable to the portable sign, located
in compliance with this Subsection C, with limitations of
liability satisfactory to the City Attorney, and applicant's
execution of an indemnification of the City with respect
to any and all claims arising from or related to the
ortable si n.
Illumination Permitted No illumination permitted.
Permit Required Yes— Encroachment Permit or Sign Program
2. The Director of Planning Services shall prepare and implement
administrative rules, regulations, and guidelines consistent with, and in
furtherance of, the provisions of this Subsection.
93.20.06 Permitted Signs — Downtown/Uptown.
A. Permitted signs — Main Sign. Each separate business shall be allowed one (1)
Main Sign as follows:
Main Sign Downtown/Uptown
Maximum Number 1 Main Sin per frontage.
Permitted Sign Types Projecting Sign (Arcade/Blade Sign or Awning Sign) or
Flush-Mounted Sign (Window Sign, Individual Letters,
Ex osed Neon, or Fascia Panel/Plaque Sign).
Maximum Area .Arcade/Blade Sign: 16 square feet/cubic feet. The
sign shall not exceed 4 feet in any one direction. One
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
sign. The brackets or suspension structure shall not be
included in the calculation of sign area/volume.
•Awning Sign: The sign area shall not exceed 20% of
Page 11 18
Main Sign Downtown/Uptown
the total awning area with a maximum area equal to 1
square foot per linear foot of awning width. Letters
shall be a maximum of 14 inches high and located on
the front face or any valance element of the awning. A
logo may be incorporated into the sign with additional
sign area allowed, provided the total sign does not
exceed 30% of the total awning area with a maximum
of 1-1/2 square feet per linear foot of awning width.
•Exposed Neon: Sign shall not exceed a maximum of
one square foot per linear foot of building frontage, with
a maximum area of 50 square feet. Exposed neon
signs shall only be used in conjunction with food and
entertainment uses.
•Fascia Panel/Plaque Sign: The length of the fascia
panel/plaque sign shall be limited to a maximum of 2/3
the width of the storefront, and the sign area shall be
limited to a maximum of one square foot per lineal foot
of building frontage, not to exceed a maximum of 50
square feet. The height of individual letters shall not
exceed 14 inches, with the first letter capitals allowed
at 16 inches.
•Window Sign: 40% of the total glazed area or 15
square feet, whichever is smaller. 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 sign. Letters shall not exceed a
maximum of 10 inches in height. Signs on glazing
shall be limited to the first floor of the building.
Maximum 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 28 feet, as measured from
finished grade. The lowest point of any blade/arcade
sign shall be a minimum of 7 feet above any pedestrian
walkway.
Illumination Permitted Internal, external
Permit Required Yes
B. Permitted signs —Accessory Signs. In addition to one Main Sign, each separate
business may select one (1) type of accessory signage from the sign types listed in the
following table:
Accessory Signs Downtown/Uptown
Maximum Number 1 Accessory Sin per business.
Permitted Sign Types Projecting Sign (Blade Sign/Arcade Sign or
Awning/Umbrella Sign) or Flush-Mounted Sign (Sign on
Glazing, Individual Letters, Exposed Neon, or Fascia
Panel/Plaque Sign).
Maximum Area • Blade Sign/Arcade Sign: 9 square feet/cubic feet. The
Page 12 19
Accessory Signs Downtown/Uptown
sign shall not exceed 3 feet in any one direction. One
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
sign. The brackets or suspension structure shall not be
included in the calculation of sign area/volume.
•Awning/Umbrella Sign: The sign area shall not exceed
4 square feet. Letters shall be a maximum of 4 inches
high, and shall be located on a vertical face or valance
element of the awning or umbrella. A logo may be
incorporated into the sign, provided the total sign area
does not exceed 6 square feet. Each awning or
umbrella that is separated by a distance of at least 8
inches may contain an identical sign; the combination
of such signs shall be deemed as one sign for the
purposed of this section. Signs on umbrellas may
contain only the name and logo of the business to
which they relate.
• Individual Letters: Signs shall not exceed a maximum
area of 6 square feet. Individual letters shall not
exceed 12 inches in height. Such signs shall be limited
to the first floor of buildings.
•Fascia Panel Sign: Signs shall not exceed a maximum
area of 6 square feet. The height of the fascia panel
shall not exceed 16 inches; letters shall not be closer
than 1-1/2 inches from the edge of the fascia panel.
Individual letters shall not exceed 1 inch in depth from
the face of the surface upon which they are mounted.
•Window Sign: An Accessory Sign is permitted on
glazed areas which do not also contain a Main Sign.
The total sign area shall be no greater than 6 square
feet. Each glazed area on either side of a customer
entrance may contain an identical sign; the
combination of such signs shall be deemed as 1 sign.
Letters shall not exceed a maximum of 10 inches in
height. Signs on glazing shall be limited to the first
floor of the building.
Maximum 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 28 feet, as measured from
finished grade. The lowest point of any blade/arcade
sign shall be a minimum of 7 feet above any pedestrian
walkway.
Illumination Permitted Internal/External
Permit Required Yes
Page 13 2 0
C. Permitted signs — 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.
Customer Convenience Signs Downtown/Uptown
1. Open/Closed Signs
Maximum Number 1 sin per street entrance.
Maximum Area 1-1/2 square feet
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted Internal Illumination only.
Permit Required No
2. Service Signs
Maximum Number 1 sin per business.
Maximum Area 2 square feet
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted No illumination permitted.
Permit Required No
3. Hours/Days
Maximum Number 1 sin per business.
Maximum Area Maximum 2" letter/number height per line.
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted No illumination permitted.
Permit Required No
4. Credit Card Decals
Maximum Area All credit card or other service decals shall be displayed
in a contiguous 1 square foot area.
Location Credit card and other service decals shall be located on
the interior of a window or door on the building frontage.
Illumination Permitted No illumination permitted.
Permit Required No
5. Pedestrian Directory
Maximum Number 1 per building where the principal sign for a business on
a parcel fronting on Palm Canyon Drive is not visible
from Palm Canyon Drive.
Maximum Area The directory sign shall not exceed 6 square feet per
face; signs for individual businesses shall be no larger
than 2 s uare feet per face.
Location The sign must be permanently mounted and may be
attached to the building or may be freestanding and shall
not impede pedestrian movement.
Illumination Permitted Internal/External
Permit Required Yes
D. Portable Signs. One (1) sign shall be allowed for each tenant space with
frontage along a public street. Multiple businesses within a single tenant space shall be
Page 14
limited to one (1) portable sign overall. The portable sign shall be subject to the
following requirements:
1. Portable Sin Downtown/Uptown
Maximum Number One (1).
Location A portable sign may only be placed between a public
entry into the tenant space and the nearest fronting
street or parking drive aisle. The portable sign may be
placed in the sidewalk public right-of-way, as close to
the building incorporating the tenant space as possible,
and in no event less than three (3) feet from any street
or parking curb. Further, in no case may any portable
sign impede pedestrian traffic. A seventy-two (72) inch
wide clear paved pathway for ADA access must be
maintained at all times. A portable sign shall not be
placed on the parking curb, gutter or street. The
placement of a portable sign on a public sidewalk
pursuant to this Subsection is not a right, and shall only
be allowed in the event that the City issues a permit,
granted upon an applicant's compliance with the
minimum requirements as provided in this Subsection D.
Dimensions A portable sign shall not exceed forty-two (42) inches in
height and thirty-two (32) inches in width. The sign may
be two 2 sided.
Design Standards . Frame: The sign frame may be a single- or two-pole
metal frame, or it may be an A-frame. The sign shall
comply with administrative design guidelines adopted
by the Director of Planning Services pursuant to and
consistent with this Subsection D.
• Base Required: The sign frame shall include a heavy
base to prevent unintended movement caused by wind
or other minimal force. Signs which require additional
weighting (sandbag, concrete block, etc.) are not
allowed.
•Sign Copy: The sign copy shall be produced
professionally and in compliance with the above-
referenced design guidelines.
•Attachments: No lighting, balloons, or other
attachments are allowed.
Insurance and Indemnity A permit for a portable sign shall only be issued upon
the applicant's submission of proof of commercial
general liability insurance applicable to the portable sign,
located in compliance with this Subsection D, with
limitations of liability satisfactory to the City Attorney,
and applicant's execution of an indemnification of the
City with respect to any and all claims arising from or
related to the portable sign.
Illumination Permitted No illumination permitted.
Permit Required Yes— Encroachment Permit or Sign Program
'Page 15 22
2. The Director of Planning Services shall prepare and implement
administrative rules, regulations, and guidelines consistent with, and in
furtherance of, the provisions of this Subsection.
E. Design Standards. Signage in the Downtown/Uptown area shall be subject to
the specific design standards listed below, in addition to any other design standards
listed in this chapter:
1. Arcade/Blade Signs. Acceptable materials include painted, polished and
patina metal; painted and stained wood; glass; and inlaid stone. The bracket
design shall be integrally planned and detailed and shall be highly ornamental.
2. Awning Signs. Letters or logos shall be sewn or silkscreened onto the
awning in an approved contrasting color.
3. Exposed Neon Signs. Exposed neon signs shall be subject to the design
standards listed in Subsection 93.20.10(C)(6).
4. Fascia Panel/Plaque Sign. Acceptable materials include cast stone, metal
and wood panels with individual wood letters, neon and custom ceramic tile.
Letters shall not be closer than 6 inches from the edge of the fascia
panel/plaque.
5. Window Signs. Acceptable sign techniques are sand-blasted or etched
glass, professionally-painted lettering, professionally- and custom-fabricated and
applied vinyl, metal leaf and stained glass.
93.20.07 Permitted Signs —Apartments, hotels, resort hotels and residential
mobile home parks.
A. Permitted signs — Main Sign. A Main Sign may be permitted for the following
uses as listed in the following table:
1. Main Sign—Apartments,
Hotels, Condominium Complexes
and Residential Mobile Home
Parks
Maximum Number 1 Main Sign; 1 additional sign may be permitted if the
street frontage and sign separation is greater than 170
feet. Only 1 Freestanding Sign may be permitted on a
corner parcel.
Permitted Sign Types Wall Sign, Monument Sign, Freestanding Sign
Maximum Area 20 square feet, plus 1 additional square foot of sign area
for each separate rental unit, not to exceed a maximum
of 50 s uare feet.
Maximum Height .Height—Wall Signs. The top of any sign shall not be
Page 16 L 3
higher than the building on which it is located, and in
no event shall the sign be higher than 28 feet, as
measured from finished grade?
•Height— Freestanding Signs, Monument Signs. The
maximum height shall be 8 feet. The height shall be
measured from finished grade to the top of the sign
structure.
Illumination Permitted Internal, external
Permit Required Yes
2. Main Sign— Resort Hotels
Maximum Number 1 Main Sign; 1 additional sign may be permitted if the
street frontage and sign separation is greater than 170
feet. Only 1 Freestanding Sign may be permitted on a
corner parcel.
Permitted Sign Types Wall Sign, Monument Sign, Freestanding Sign
Maximum Area 1-1/2 square feet per separate rental unit, not to exceed
a maximum of 300 square feet. Any secondary Main
Signs as may be permitted by this Section shall be
restricted to 50 square feet in area.
Maximum Height •Height—Wall Signs. The top of any sign shall not be
higher than the building on which it is located, and in
no event shall the sign be higher than 28 feet, as
measured from finished grade?
•Height— Freestanding Signs, Monument Signs. The
maximum height shall be 12 feet. The height shall be
measured from finished grade to the top of the sign
structure.
Illumination Permitted Internal, external
Permit Required Yes
3. Main Sign—Other Uses
Permitted in Residential Zones
Maximum Number 1 Main Sign for an authorized use (churches, clubs,
stables, and the like). Such use shall be separate and
not in conjunction with a permitted hotel or apartment
use.
Permitted Sign Types Wall Sign, Monument Sign, Freestanding Sign
Maximum Area 20 square feet
Maximum Height •Height—Wall Signs. The top of any sign shall not be
higher than the building on which it is located, and in
no event shall the sign be higher than 28 feet, as
measured from finished grade.
•Height— Freestanding Signs, Monument Signs. The
maximum height shall be 8 feet. The height shall be
measured from finished grade to the top of the sign
structure.
Illumination Permitted Internal, external
Permit Required Yes
Page 17 L2 4
B. Permitted signs —Accessory Signs. Accessory Signs may be permitted as listed
in the following table:
1. Additional Signs— Resort
Hotels
Maximum Number 1 Accessory Sign for a restaurant use within the hotel.
Permitted Sign Types Wall Sign
Maximum Area 30 square feet.
Maximum Height The sign shall not be located above the ground floor of
the building.
Additional Standards The sign shall be located at the restaurant entry or at the
hotel entry, if the restaurant does not have a separate
entry.
Illumination Permitted Internal, external
Permit Required Yes
2. Vacancy Signs
Maximum Number 1 Vacancy Sign per hotel, resort hotel, or apartment
complex.
Permitted Sign Types Wall Sign, Window Sign
Maximum Area 5 square feet.
Additional Standards The sign shall be located immediately adjacent to the
office entrance.
Illumination Permitted Internal, external
Permit Required Yes
93.20.08 Special Provisions.
A. Gasoline Service Stations.
a. Gasoline service stations shall be limited to one (1) double-faced sign of
an area not to exceed thirty-six (36) square feet on each side face. A
freestanding sign, if approved, shall not exceed eight (8) feet in height. In
addition, a single ten (10) square foot sign, fixed flat on the surface of the
building, shall be allowed. The height of this sign shall not exceed twenty (20)
feet.
b. In addition to the signs for public safety and convenience authorized by
Section 93.20.10.B.1, the Director may authorize and approve instructional or
directional signs not to exceed two (2) square feet or directional signs not to
exceed two (2) square feet per face when deemed necessary for the
convenience of patrons of gasoline service stations.
B. Gasoline Price Signs. Nothing in Section 93.20.04, or in any other provision of
this Sign Ordinance shall be construed as prohibiting compliance with Section 13531 of
the Business and Professions Code of the State of California which relates to the
posting of gasoline prices. Any sign, statement, or other advertising medium posted or
displayed shall conform to all of the requirements of this section.
e, 2..5
Page 18
C. Interior Real Estate Office Signs. In addition to the other sign usage authorized
herein, real estate offices may use internal display boards subject to all window sign
requirements applicable to the zone in which each real estate office is located.
D. Signs for drive-through restaurants. Signs for drive-through facilities shall be
approved in conjunction with a Conditional Use Permit for the use. The area of signage
specific to the drive-through facility use may be in addition to the sign area otherwise
permitted for the subject site. The drive-through signage shall be adequately screened
from adjacent public rights-of-way and from adjacent properties.
E. Signs for Large-Scale Commercial and Industrial Centers.
1. In addition to the sign area allowed for individual businesses, commercial
and industrial centers in excess of three and one-half (3 1/2) acres of land shall
be allowed one (1) sign on each street frontage. Such signs shall not extend
beyond the property or into the right-of-way. The allowable sign area shall be ten
(10) square feet of sign per acre to a maximum area of fifty (50) square feet per
face. Signs shall not exceed a maximum height of eight (8) feet. One (1)
additional sign may be permitted if the street frontage is greater than, and the
signs are separated by a distance of no less than, four hundred fifty (450) feet; if
multiple signs are allowed, they shall be located at street intersections or access
drives.
a. Commercial and industrial centers in excess of fifteen (15) acres of
land shall be allowed one (1) sign on each street frontage not to exceed
one hundred twenty-five (125) square feet per face. Such signs shall not
extend beyond the property or into the right-of-way.
b. Signs shall not exceed a maximum height of twelve (12) feet. One
(1) additional sign may be permitted if the street frontage is greater than,
and the signs are separated by a distance of no less than, five hundred
(500) feet; if multiple signs are allowed, they shall be located at street
intersections or access drives.
2. Shopping centers, of at least seventy-five (75) acres in area and which
abut a freeway and where at least thirty-five (35) percent of the square footage in
the center is retail commercial, shall be permitted a single sign which is
consistent with the following:
a. The sign shall not exceed fifty (50) feet in height and thirty (30) feet
in width;
b. The sign shall be perpendicular to the freeway and shall be set
back at least five (5) feet, but no more than fifty (50) feet, from the freeway
right-of-way, and at least three hundred fifty (350) feet from any secondary
or major thoroughfare;
C. The sign area shall not exceed seven hundred fifty (750) square
feet per face with a maximum of two (2) faces.
F. Freestanding Signs. Except as otherwise provided herein, freestanding signs
shall be prohibited on a single parcel of property containing more than one (1) business.
wi L v
Page 19
Where authorized for a single business, a freestanding sign shall not be located within
the public right-of-way and shall not exceed eight (8) feet in height unless otherwise
permitted. Freestanding signs shall be subject to all other provisions of this section.
G. Major Stores Not Having Street Frontage. Retail establishments which have a
floor area in excess of fifty thousand (50,000) square feet and are so located within a
shopping complex that they are not afforded street frontage shall be allowed signs as
follows:
1. One (1) single-face sign per major or secondary street frontage, not to
exceed fifty (50) square feet in area per store affected. The sign shall be allowed
for no more than two (2) street frontages. 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.
2. Such signs shall be located in accordance with the provisions and intent of
the Sign Ordinance and in keeping with the architectural design of the shopping
center.
H. Sign Program for Multi-Tenanted Buildings or Sign Districts.
1. General Requirements. Sign programs shall be required for any multi-
tenanted building or development project with more than one (1) tenant.
Sign programs shall remain in force until a new program is submitted and
approved.
2. Permits Required. Permits shall be required for signs within approved
Sign Programs. Such permits shall be subject to all applicable fees and
shall be in conformance with the approved Sign Program. Sign programs
shall integrate with the architecture of the building complex, including such
elements as size, color, location and construction material.
3. Approval Process. A sign program that is fully conforming to the
requirements of this Chapter may be approved by the Director of Planning
Services, following a review and recommendation by the Architectural
Advisory Committee pursuant to Section 94.04.00(E)(2)(a).
4. Approval Process - Deviations. A sign program that varies from the
specific requirements of the Sign Ordinance may be approved if the City
Council finds the following:
a. 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;
b. That the approved program will be compatible with the design of
the property and will represent the least departure from the
Page 20 27
standards of the Sign Ordinance necessary for the effectiveness of
the program; and
c. That the approved program is compatible with the surrounding
property and not contrary to the purpose of the Sign Ordinance.
I. Sign Program for Complex of Businesses. In addition to signs allowed under this
Chapter for individual businesses, one additional sign relating to a building or complex
of businesses may be allowed as part of an approved Sign Program (see Section
93.20.05(C)(6)). This sign shall not exceed twenty (20) square feet unless no individual
tenant signs are included in the Sign Program, in which case the sign area may be
based on the frontage formula. Such a sign may be freestanding.
J. Special Sign Districts. The City Council, in its sole discretion, may adopt special
Sign Districts, and provide appropriate implementing sign programs as part of a specific
plan, planned development district, development agreement, or other process subject to
public review when special sign provisions are necessary or appropriate to implement
general plan provisions and goals.
K. Owner's Consent. No sign may be placed on private property without the
consent of the property owner or persons holding the present right of possession and
control.
L. Automobile Dealerships. The sign area allowed for individual businesses may be
applied to each individual structure wherein automobiles are displayed for sale;
additional area shall not be granted for multiple street frontages.
M. Freeway Signs. In addition to other signs permitted, freeway-oriented signs
designed to be viewed primarily from Interstate 10 in the vicinity of the Whitewater,
Indian Avenue/Indian Canyon Drive and Gene Autry Trail intersections may be
permitted by the planning commission on properties designated "highway commercial,"
by either the zoning ordinance or the general plan, pursuant to Section 94.04.00
(Architectural review). Signs shall be so constructed, erected and maintained to insure
propriety and integration with the surrounding environment, topography and land uses.
The following standards are intended to restrict such signs to freeway-oriented
businesses and set development standards:
1. One (1) freeway-oriented sign may be allowed which occupies the same
parcel on which the sign is located except as otherwise provided herein.
2. A freeway-oriented sign shall be within one thousand (1,000) feet of the
point of intersection of the freeway with the street served by ramps from the
freeway.
3. Freeway-oriented sign structures shall be located in such a manner so as
not to adversely obscure the visibility of another existing freeway-oriented sign
structure from Interstate 10.
4. Signs which exceed a height of twenty-five (25) feet may be approved only
after review of a flag test to prove need that the requested height is necessary for
Page 21
visibility from Interstate 10. The height of freeway-oriented signs and their related
structures, for a single business, shall not exceed fifty (50) feet. The height may
be increased an additional five (5) feet for each additional business advertised;
provided, the total height does not exceed seventy-five (75) feet.
5. The distance between the lowest portion of the sign face and ground level
shall not be less than one-half (1/2) the height of the sign structure.
6. The area of each sign face shall not exceed one hundred fifty (150)
square feet per business advertised.
7. The minimum size letter in the text of the sign shall be one (1) foot in
vertical or horizontal dimension, and the maximum size letter shall be three (3)
feet.
8. Illumination shall be limited to internal lighting. All freestanding signs shall
have underground utility service.
N. Relocation of Off-Site Advertising Displays. Pursuant to the provisions of
Business and Professions Code Section 5412, and notwithstanding any provision of the
city's zoning code to the contrary, an existing off-site advertising display may be
relocated to any property zoned for industrial or commercial uses, subject to such
development standards as the City Council and the owner of the off-site advertising
display proposed to be relocated may agree in a relocation agreement. A relocated off-
site advertising display shall be subject to the review process provided in the relocation
agreement. Each off-site advertising display proposed for relocation shall be
constructed in compliance with applicable city building codes and regulations.
93.20.09 Temporary Signs.
A. Residential Zones. Up to two (2) free-standing temporary signs of up to eight (8)
square feet, or one (1) free-standing temporary sign of up to sixteen (16) square feet,
and/or one (1) window sign of no more than four (4) square feet may be maintained on
each individual single family property. A temporary sign associated with a special event
shall not be installed more than sixty (60) days before the event and shall be removed
no later than five (5) days after the event.
B. Commercial and Industrial Zones. Up to two (2) temporary signs of up to ten (10)
square feet or one (1) temporary sign of up to twenty (20) square may be maintained on
any commercial or industrial property. A temporary sign associated with a special event
shall not be installed more than sixty (60) days before the event and shall be removed
no later than five (5) days after the event.
C. Vacant Properties, Permit Required. Up to two free-standing temporary signs of
up to eight (8) square feet in size, or one (1) free-standing temporary sign of up to
sixteen (16) square feet in size is permitted on any vacant property, with the express
written consent of the owner of the land, for a period of time of sixty (60) days prior to
the event related to the sign, the time during the event, and for five (5) days after the
event. Placement of a temporary sign on vacant residential, commercial, or industrial
property is prohibited without a permit for same issued by the City. No permit shall be
Page 22 9 9
granted for placement of any temporary sign on vacant property except upon an
applicant's submission of written proof of express permission from the owner of the
vacant property in question for placement of the proposed temporary sign.
D. Time Limitation. A temporary sign that is not related to a special event shall not
be installed for a period of more than seventy-five (75) days unless it is in a residential
zone. A temporary sign unrelated to a special event in a residential zone shall have no
time limitation.
E. Temporary Signs in Right-of-Way. Temporary signs shall not be installed or
maintained on any public right-of-way or on any public property, including without
limitation trees, public utility poles, and street signs, and shall only be placed on private
property except as otherwise expressly provided in this Sign Ordinance. However,
nothing herein shall be interpreted as prohibiting any person from carrying or holding a
temporary sign within a public right-of-way as allowed in Section 11.28.050 of this Code.
F. Exception re Temporary Signs in Right-of-Way. The owner or resident of a
property in a residential zone, or an authorized agent thereof, may place temporary
signage consistent with Subdivision 93.20.09(A) in right-of-way provided that there is no
sidewalk located in the right-of-way in question, the right of way in question is
landscaped or otherwise improved, and the property in question extends up to a hedge,
fence, wall or other boundary located five (5) feet or less away from the curb or roadway
surface. In the event that an owner or resident of a residential property places any
temporary signage pursuant to this Subdivision 93.20.09(F), that signage shall be
placed as close to hedge, fence, wall or other boundary of the property as possible, and
in no event less than three (3) feet from the curb or roadway surface.
93.20.10 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. Except as otherwise provided in this
Chapter, it is unlawful for any person to construct, erect, repair, alter the structure
of, or otherwise relocate any sign within the City without first obtaining a sign
permit, and building/electrical permit(s) if required. 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, except that either the applicant or the Director 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 if the installation of a
sign is commenced before obtaining a permit. Permits shall be required for the
installation or maintenance of all signs except for temporary signs on private
developed property. Permits are also required for portable signs within or on the
public right-of-way and temporary signs on vacant property.
Page 23 30
2. Special Permits. Nothing herein contained shall prevent the Director 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 or 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 may request that the
decision in question be placed 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. Where specified in this code, certain signs
(including but not limited to, off-premise promotional signs, as required by an
adopted Sign Program, adoption of a Sign Program, or other signs subject to the
requirements of this Chapter) shall require the approval of an appropriate
discretionary entitlement prior to the issuance of a sign or construction permit.
5. Sign Permit. Unless otherwise specified in this Chapter, a sign permit is
required for the modification, repair, or construction of a sign. Such permit may
also include an electrical permit for signs that are illuminated. Application for
permits shall be submitted to the Department of Planning Services accompanied
by no less than three sets of plans. Such application and plans shall be reviewed
by staff for compliance with this code and any applicable Sign Program.
Repainting a legally existing sign, or changing the advertising copy thereon shall
not require a sign permit unless a structural change is made and/or the sign area
is increased.
6. Maintenance.
a. Every sign and sign structure allowed by this Chapter shall be
continuously maintained. This shall include, but is not limited to, painting,
cleaning, replacement of lighting (for illuminated signs) or missing letters,
keeping structural elements and bracing in a safe condition, and internal
structural elements screened from view.
b. Every sign and/or sign structure advertising a use no longer being
conducted on the property for a continuous period of 90 days or more
shall be removed and replaced with an opaque panel. Freestanding sign
structures shall be allowed to remain unused for a period not to exceed
one (1) year, after which such sign structure shall be removed
7. Regulations. The City Manager shall have the authority to issue
regulations in order to clarify, implement and enforce this Sign Ordinance.
Page 24
B. Safety.
1. Signs for Public Safety and Convenience. When deemed necessary, the
Director 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.
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. The intensity of lighting of a sign may be reviewed in
the field by the Director 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 Section 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 Transportation Department, the City
Council or 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-public uses may be permitted on public
property. The design must conform to standard directional sign specifications
approved by the City Council as a part of a Sign District after review and
recommendation of 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 City Council.
Page 2512
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, non-illuminated 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. 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 except
as otherwise permitted pursuant to California Vehicle Code Section 21100(p)(2),
as may be amended from time to time.
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, Fiber Optics and Other High-Intensity Signs. The
design and placement of neon, fiber 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 secondary
signs. Prefabricated signs are prohibited except for customer signs;
customer convenience signs shall be limited to a single color.
b. Neon, fiber 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, fiber
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, fiber 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. All rules and regulations concerning the non-communicative aspects of
signs, such as location, size, height, illumination, spacing, orientation, etc., stand
enforceable independently of any permit or approval process.
8. Neighborhood Entry Signs. The City may install neighborhood entry signs
in existing or proposed single-family neighborhoods in the G-R-5 or any R-1
zone, subject to the following provisions:
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Page 26 ..
a. The sign or signs shall only represent and may only be applied for
by neighborhood associations organized under the auspices of the city's
office of neighborhood involvement or subsequent department.
b. The sign(s) shall only be allowed as part of a Sign Program
approved by the planning commission, including the following information:
i. Number, location and placement;
ii. Dimensions, design, materials and colors;
iii. Authorization from owners on whose property sign(s) would
be located.
C. The signs shall only be allowed within the boundaries of the
neighborhood association but may be located in the adjacent public right-
of-way.
d. The signs shall be subject to review and approval for potential
traffic visibility and other safety issues.
e. Prior to installation of any neighborhood entry sign on private
property, the property owner(s) shall consent to the placement of the sign
and execute a covenant running with the land regarding the long-term
maintenance, subject to review and approval of the city attorney.
D. Message Substitution.
1. Subject to the consent of the land owner and the sign owner, a
constitutionally protected noncommercial message of any type may be
substituted, in whole or in part, in place of any commercial message or any other
noncommercial message on a sign if the sign structure or mounting device is
legal without consideration of message content. Similarly, an onsite commercial
message may be substituted for another commercial message on an on-site sign
if the substitution does not also involve a change of the physical structure or
mounting device for the sign. Such message substitutions may be made without
any additional approval or permitting.
2. The purposes of this Subsection are to prevent any inadvertent favoring of
commercial speech over noncommercial speech or of any particular
noncommercial message over any other noncommercial message and to allow a
change of commercial messages on an on-site sign without a new permit.
3. This Subsection does not create a right to increase the total amount of
signage on a parcel, nor does it affect the requirement that a sign structure or
mounting device be properly permitted. This section does not allow the
substitution of an off-site commercial message in place of an on-site commercial
message or the conversion of a sign to general advertising for hire.
4. In addition to message substitution, whenever a parcel has a right to
display area that is unused, that area may be used for constitutionally protected
non-commercial messages on temporary signs, without permits or approvals; it
may also be used for display of noncommercial messages on permanent
structures, if the structure is properly permitted.
5. This Subsection prevails over any more specific provision to the contrary
within the Sign Ordinance.
Page 27
93.20.11 Abatement.
A. Compliance with Sign Ordinance, Nuisance. The City Council determines that
the public peace, safety, morals, health and welfare require that all signs heretofore
constructed or erected in violation of any ordinance of the City of Palm Springs in effect
at the time such sign was constructed or erected, are made subject to the provisions of
this section. Such signs shall be made to conform and comply with the Sign Ordinance
as soon as reasonably possible after the effective date of the Sign Ordinance. All signs
that are not subject to Subsection D of this Section 93.20.11 shall be made to conform
and comply with the Sign Ordinance within a reasonable time, and are declared to be
public nuisances subject to abatement, penalties and City remedies as such in accord
with Chapter 11.72 of this Code and other applicable provisions. Any provision of the
Sign Ordinance identifying a penalty or procedure specifically applicable to a violation of
the Sign Ordinance, but contrary to or inconsistent with a provision of Chapter 11.72 of
this Code, shall supersede that provision thereof.
B. Removal and Amortization Schedule. Any sign that fails to conform to the
requirements of the Sign Ordinance, or any amendment to the Sign Ordinance, either
by variance previously granted or by conformance to the existing sign regulations at the
time the initial permit for such sign was issued, shall either be removed or brought up to
code requirement within the period of time prescribed herein dating from the effective
date of the Sign Ordinance or the amendment to the Sign Ordinance that made such
sign nonconforming, whichever date occurs last. Such nonconforming signs may be
abated forthwith upon the payment of the cost of removal and the remaining value of
such sign, as determined from the valuation stated on the permit and based upon a
depreciation schedule for such sign as follows:
Amortization Schedule
Permit Value of Sign Amortization Schedule
$100.00 or less Immediately
$100.01 to $1000.00 1 1/2 Years
$1000.01 to $2500.00 2 Years
$2500.01 to $5000.00 3 Years
$5000.01 to $10,000.00 4 Years
Over $10,000.00 5 Years
C. Notice of Non-Compliance, Abatement. The Director shall issue written notice to
any owner of a sign, apart from a temporary sign or a portable sign, that is illegal,
abandoned, not maintained in good condition, or is not in compliance with the
requirements of this Sign Ordinance. Such notice shall be transmitted to the owner at
the owner's last known address by registered or certified mail, and list the specific areas
of noncompliance. Abatement of any nuisance that is the subject of a notice issued
35
.. Page 28
pursuant to this Subsection C shall proceed in accordance with Chapter 11.72 of this
Code.
D. Signs in Right-of-Way. Unpermitted Temporary and Portable Signs, Nuisance.
Any sign placed on any public right-of-way, and not otherwise permitted by the Sign
Ordinance or the City Council, and any temporary sign placed upon vacant property or
portable sign placed on a sidewalk without a valid permit, shall be deemed to be a
public nuisance that poses an immediate danger to the health, safety, and welfare of the
community by creating an obstruction to circulation, including, but not limited to,
vehicular and/or pedestrian traffic, and creating blight. In the event that the City
removes and disposes of any sign identified as a nuisance under this Subsection D, the
owner of the sign in question shall be responsible and liable for the removal and
disposition of the sign.
1. Abatement.
Upon discovering the existence of a sign left on the public right-of-way, an
unpermitted temporary sign on vacant property, or an unpermitted portable sign,
the Code Enforcement Official shall have the authority to order and/or cause the
immediate abatement and removal thereof. To the extent any owner of the sign
in question can be identified through the Code Enforcement Official's reasonable
efforts, the Code Enforcement Official shall notify the owner thereof, or the
owner's representative, in person, or by mail to the owner's last known address,
of an informal abatement notice. Such notice shall either indicate that the sign in
question has been abated and removed, specify the procedure for retrieving a
removed sign, and indicate that the City will detroy or otherwise dispose of the
removed sign if that sign is not claimed within thirty (30) days. The notice shall
also inform the owner that he/she/it may request a hearing to appeal the
abatement and removal of the sign by submitting a written request for such a
hearing to the Office of the City Clerk.
2. Process and Hearings.
a. Release of Sign, Fees and Penalty Paid. Any sign removed and
stored pursuant to these provisions shall be released to the owner thereof
if claimed within thirty (30) days after issuance of the notice of any
abatement and removal, upon the owner's payment of administrative fees,
including fees for storage of the sign, hearing fees (if any), and payment in
full of any penalty related to the violation of the Sign Ordinance that
prompted the abatement and removal. This thirty (30) day claim period
shall apply regardless of whether the owner request a hearing appealing
the abatement and removal. The administrative fees for the storage and
removal of the sign shall be established or modified by resolution of the
City Council, and shall include the actual cost of removal and storage of
any sign, plus the proportional share of administrative costs in connection
therewith.
b. Refund of Fees. Any administrative fees or penalty shall be
refunded, in whole or in part, if, at a hearing on an appeal as to the
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Page 2C
abatement and removal, a determination is made by the hearing officer
that the fees or a portion thereof should be refunded.
C. Hearing. A request for a hearing as to the removal and abatement
of a sign shall be submitted to the Office of the City Clerk no more than
fifteen (15) days after the City's issuance of an informal abatement notice
pursuant to Subparagraph D.1. Each request for a hearing on an appeal of
the abatement and removal of a sign shall be accompanied by full
payment of all administrative fees, including fees for storage of the sign,
hearing fees, and payment in full of any penalty related to the violation of
the Sign Ordinance that prompted the abatement and removal. Any
hearing upon an appeal as to an abatement and removal order requested
shall be conducted within ten (10) working days of the receipt of the
request for a hearing by the Office of the City Clerk. Each hearing shall be
conducted by a hearing officer designated by the City Manager. The
failure of either the owner or his/her/its agent to request a hearing waives
the right to a hearing. At any hearing, the hearing officer shall determine
whether good cause has been shown for the abatement and removal of
the sign. The decision of the hearing officer shall be deemed the final
administrative determination. If good cause is shown for the abatement
and removal of the sign, the owner or his/her/its agent shall have fifteen
(15) days from the date of the hearing to retrieve his/her/its sign, if the sign
has not already been returnd to the owner or agent. No sign shall be
returned to an owner or agent after a hearing without payment of
additional administrative fees that have accrued since the filing of the
request for a hearing. If good cause is not shown at the hearing for the
abatement and removal of the sign, all funds paid by the owner or agent in
relation to the sign that the City abated and removed, and any additional
administrative fees shall be waived, and the owner or his agent shall have
fifteen (15) days to retrieve his sign.
C. Disposition.
Any sign not timey retrieved by its owner or the owner's agent in
accordance with Subparagraph D.2.a. above shall be deemed to be
permanently abandoned and may be destroyed or otherwise disposed of
by the City.
93.20.12 Street Banner Program.
A. The City's street banner program is reserved for the City's use to promote
its own messages and those events which are sponsored or co-sponsored by the
City.
B. Notwithstanding any other provision of the Sign Ordinance, the City
Manager, or the City Council upon appeal, as provided in this Subsection, may
authorize the temporary placement of banner signs on poles or structures within
the public right-of-way on City property where those banners display the name
Page 30 3 7
and/or date of an event and/or activity sponsored entirely by the City or co-
sponsored by the City that calls attention to the City, its natural advantages,
resources, enterprises, attractions, climate, facilities, businesses, and
community. Any events for which banners are authorized under this Subsection
shall be of limited duration.
C. Any banners authorized by this Subsection shall be for a limited duration
and should call attention to the City, its natural advantages, resources,
enterprises, attractions, climate, facilities, businesses, and community. Nothing
herein shall relieve any person from obtaining any other necessary permit or
license for an event or activity.
D. No person shall place, cause to be placed, or maintain a banner sign on
any City pole or structure in the public right-of-way or on City property except as
authorized in this Subsection.
E. The City Manager shall designate those City poles or other structures at
streets, highways, alleys, other public rights-of-way, and those City properties on
which banner signs as authorized herein may be placed. The message on the
banners shall be considered government speech, and the designation or the
placement of the banners is not intended to create, nor shall it create, a public
forum.
F. The City Manager may authorize a banner or banners for an event and/or
activity sponsored entirely by the City or co-sponsored by the City, subject to the
following conditions:
1. Except as set forth herein, the banner(s) may be placed for a period of
up to sixty (60) days and the City or applicant shall then cause the
banner(s) to be removed at the City or applicant's expense, as applicable,
based on who placed the banner, subject to replacing of the banner at the
same or different location at a later date;
2. The banner(s) should promote an event and/or activity sponsored
entirely by the City or co-sponsored by the City, occurring within the City,
calling attention to the City, its natural advantages, resources, enterprises,
attractions, climate, facilities, businesses, and community;
3. The banner(s) may contain the name and date of the event, if any;
4. The banner(s) shall be secured tightly to the structures on which they
are authorized to be attached; and
5. For non-City applicants that are co-sponsors with the City, the applicant
must agree to defend, indemnify, and hold harmless the City from any
38
Page 31
damages arising from the banners in a form acceptable to the City
Attorney.
G. No banner shall be authorized unless the City Manager, or City Council on
appeal, finds that the banners are so designated as not to block views significant
for traffic or do not otherwise present a safety hazard.
H. Notwithstanding any other provision of this section, the City Manager is
authorized to develop and implement a military banner Sign Program, which may
include, without limitation, application forms and administrative guidelines for the
placement of banners honoring the City's military personnel. Notwithstanding any
other time limitations set forth in this Subsection, any military banner sign placed
on City property consistent with the military banner program and any
administrative guidelines governing the program, may be in place for a period not
to exceed twelve (12) months, after which, the banner shall be removed, subject
to replacing of the banner at the same or different location at a later date.
93.20.12 Violations and Enforcement.
A. Any person who violates a provision of this Sign Ordinance is subject to criminal
sanctions and administrative penalties pursuant to Chapters 1.01 and 1.06 of this
Code and the specific penalties as provided in this Chapter.
B. Remedies under this Sign Ordinance are cumulative and not exclusive. They are
in addition to and do not supersede or limit other administrative, civil, and/or
criminal remedies provided under state or federal law, in equity, or pursuant to
other provisions of the Palm Springs Municipal Code. The City may seek an
order for the award of attorney's fees in any civil enforcement action related to
enforcement of this Sign Ordinance.
SECTION 2. Amend Section 12.28.050 of the Palm Springs Municipal Code (PSMC) to
read:
12.28.050 Parking For Certain Purposes Prohibited.
No person shall park a vehicle upon any roadway for the principal purpose of washing,
waxing, wiping, greasing, or repairing such vehicle except repairs necessitated by an
emergency.
SECTION 3. Amend Section 14.16.010 of the Palm Springs Municipal Code to amend
the definition of"Director":
"Director" means the Public Works Director of the City or the City Manager's
designee.
SECTION 4. Amend Section 91.00.10 of the Palm Springs Municipal Code to amend
the definition of"Director":
39
Page 32
"Director" means the Director of the Department of Planning Services of the City
of Palm Springs or the City Manager's designee.
SECTION 5. Section 12.12.055 of the Palm Springs Municipal Code, prohibiting sifting
and lying on downtown public sidewalks, is repealed.
SECTION 6. Neither introduction nor adoption of this Ordinance represents a "project"
for purposes of the California Environmental Quality Act (CEQA), as that term is defined
by CEQA guidelines (Guidelines) section 15378, because this Ordinance is an
organizational or administrative activity that will not result in a direct or indirect physical
change in the environment, per section 15378(b)(5) of the Guidelines.
SECTION 7. On its effective date, this Ordinance shall supersede the Interim Urgency
Ordinance with identical regulatory content adopted on even date herewith.
SECTION 8. The Mayor shall sign, and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of applicable law; this Ordinance shall
take effect thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS DAY OF 2017.
ATTEST: ROBERT MOON, MAYOR
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
Page 33 41
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby
certify that Ordinance No. is a full, true and correct copy, and adopted at a
regular meeting of the City Council held on the day of , 2017, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
Page 34 41
ATTACHMENT B
ORDINANCE No.
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING AND
RESTATING THE CITY'S SIGN ORDINANCE, SECTIONS
93.20.01 THROUGH 93.20.12, RELATED SECTIONS
12.28.050, 14.16.010, AND 91.00.10, AND REPEALING
THE CITY'S "SIT AND LIE" ORDINANCE, SECTION
12.12.055, PALM SPRINGS MUNICIPAL CODE
(4/5t's VOTE REQUIRED).
City Attorney Summary
This Ordinance amends provisions of the City's Sign
Ordinance, providing narrowly tailored standards based on
time, place, and manner considerations that advance the
City's interests, and minimizing standards based upon
content, and repeals the City's "Sit and Lie" Ordinance.
Absent the adoption of this interim urgency ordinance, the
City will revert to regulation pursuant to the City's somewhat
content-driven Sign Ordinance, since the last adopted
interim urgency ordinance for content-neutral sign regulation
expired November 10, 2017. This interim urgency ordinance
would be effective immediately upon adoption.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS:
A. The City is responsible for providing appropriate and necessary content-neutral
sign regulation in the City.
B. Multiple Interim Urgency Ordinances adopted by the City allowed the update to
the City's sign regulation desired by the City Council and consistent with all applicable
law. The City's new sign ordinance provides a necessary short-term replacement to the
City's interim set of constitutional regulations previously adopted via Interim Urgency
Ordinances 1893, 1912, 1922 and 1934.
C. Ordinance 1934 expired on November 10, 2017, and adoption of this Interim
Urgency Ordinance provides the City with regulation it needs in the essential area of
municipal governance. Absent adoption of this content-neutral interim urgency
ordinance, the City will be regulated by a sign ordinance, pending the effective date of
the standard comprehensive ordinance with content identical to this interim urgency
ordinance, that is contrary to applicable law and as inconsistent with the improved
regulatory framework determined necessary and appropriate by the City Council to best
preserve the public health, safety and welfare.
Page 1 43
The City Council of the City of Palm Springs City Council Ordains:
SECTION 1. Amend the Sign Ordinance of the City of Palm Springs (PSMC Sections
93.20.01 through 93.20.11) in its entirety to read as follows:
93.20.00 Signs.
Sections 93.20.01 through 93.20.11 contain the regulations for signs in the City.
93.20.01 Short Title.
Sections 93.20.00 through 93.20.11 may be referred to as the Sign Ordinance of
the City of Palm Springs.
93.20.02 Purpose.
A. Recognizing that Palm Springs is one of the country's foremost desert resorts,
the City Council finds that proper sign control is necessary to maintain the high
aesthetic values which both residents and visitors to the city have come to expect.
Signs shall complement the architecture of the building on which they are placed and/or
the immediate surroundings, including such elements as size, color, location, graphic
presentation, landscaping, lighting and construction material. The Sign Ordinance
provides equitable standards for all businesses to identify the location of goods and
services. Main identification sign(s) shall be allowed in conjunction with
accessory/convenience signs as necessary.
B. Therefore, the purpose of this Sign Ordinance is to provide standards to
safeguard life, health, property and the public welfare and to provide the means for
adequate identification of businesses and other sign users by regulating and controlling
the design, size, color, illumination, movement, materials, height, condition, location and
maintenance of all signs placed on private property thereby ensuring the protection of
property values, the character of the City's neighborhoods, the creation of a convenient,
attractive, and harmonious community, while encouraging economic development and
activities in the City. The Sign Ordinance through the regulation of the use of on-
premise and off-premise signs, whether temporary or permanent in nature, also
promotes the public health, safety, and general welfare of persons living, working,
walking, driving, or otherwise engaged in activities within the City. The Sign Ordinance
is intended to provide adequate visual identification of activities through commercial and
non-commercial speech display while regulating the design, quality of materials,
location, number, size, and maintenance of all signs and sign structures.
C. It is the intent of the City Council that the Sign Ordinance will balance the needs
of the City's residents, businesses, institutions, and visitors for adequate identification,
communication, and advertising with the objectives of protecting public safety and
welfare and preserving and enhancing the aesthetic character and environmental
values of the community, by (1) Encouraging communications that aid orientation and
Page 2 44
promote economic vitality while preventing visual clutter that will detract from the
aesthetic character of the City; (2) Applying basic principles of good design and
sensitivity to community appearance to signage to avoid the creation of nuisances and
privacy violations that will degrade the value of surrounding properties; (3) Enhancing
safety by ensuring that signs are designed, constructed, installed, and maintained in
compliance with minimum standards necessary to provide adequate visibility and to
avoid the creation of hazards or unreasonable distractions for pedestrians or drivers;
and (4) Ensuring that the constitutionally-guaranteed right of free speech is protected.
D. In adopting the Sign Ordinance, including its concomitant regulation of signs on
public property and rights-of-way, the City Council acts in its proprietary capacity
consistent with the City's general powers, property rights, Sections 65850(b), 38774,
and 38775 of the Government Code, Section 5200 et seq. of the Business and
Professions Code, Section 556 et seq. of the Penal Code, and Section 200 of the City
Charter.
93.20.03 Definitions.
The following definitions shall apply to Sections 93.20.00 through 93.20.11 unless
another meaning is clearly apparent from the context.
"Abandoned sign" means a sign which no longer directs, advertises, or identifies a legal
business establishment, product or activity on the premises where such sign is
displayed.
"Abatement" means elimination and removal of any sign in violation of the Palm Springs
Sign Ordinance.
"Affixed" means to be attached in any manner, including, but not limited to, adhesive
substances or suction, or to be touching in any way, especially leaning against.
"Amortization" means the gradual extinction of nonconforming signs.
"Animated sign" means any sign with action or motion, color changes requiring electrical
energy, electronic or manufactured sources of supply which the copy changes
automatically or on which copy is changed manually (e.g., reader boards with
changeable letters).
"Arcade/blade sign" means a sign with text or graphics printed on both sides of a solid
surface attached perpendicular to the normal flow of traffic.
"Awning sign" means a graphic image that is painted on, or attached to, an awning,
canopy, or marque.
"Banner" means a sign composed of lightweight material either enclosed or not
enclosed in a rigid frame.
"Banner Sign" means a strip of cloth or other flexible material approved by the City
Manager on which a sign or message is painted calling attention to the City, its natural
advantages, resources, enterprises, attractions, climate, facilities, businesses, and
community.
Page 3 45
"Building frontage" means the linear length of a building facing a public street, parking
lot, plaza or pedestrian mall.
"Cabinet sign" or "can sign" means a sign that contains all the text and/or logo symbols
on the display face within an enclosed cabinet.
"Canopy" means a permanent roof-like shelter extending from part or all of a building
face and constructed of some durable material which may or may not project over a
public right-of-way.
"City Manager" means the City Manager or his/her designee.
"Code Enforcement Official" means the City Manager or the City Manager's designee
including without limitation the Building Official, the Police Chief, the Fire Marshall.
"Directional sign, Sign District" means one or more signs located within a Sign District
primarily providing direction to guide vehicles and pedestrians to such Sign District and
businesses therein and can include signs identifying parking areas, circulation patterns,
and names of businesses.
"Directory Sign" means a sign identifying and locating residential, business or industrial
uses within a building, subdivision, planned development, center or complex.
"Directory sign, pedestrian" means a pedestrian oriented sign that provides an
organized list of names, people, offices, or facilities located within a given building or
area, located at a public access point to the building, including a lobby.
"Downtown" means that portion of the City within the boundaries of Alejo Road on the
north, Ramon Road on the south, Belardo Road/Museum Drive on the west and Indian
Canyon Drive on the east. This area includes both sides of Palm Canyon Drive, Amado
Road, Andreas Road, Tahquitz Canyon Way, Arenas Road and Baristo Road within
such boundaries.
"Fascia Panel/Plaque Sign" means a sign mounted to a wall or other vertical surface
and does not project from the wall.
"Freestanding" or "monument sign" means any sign which is not attached to a building
or fence, or a wall attached to a building.
""Frontage" means that portion of a parcel of property which abuts a public street or
highway or approved private street and "building frontage" means the side of a building
closest to a public street or highway or approved private street.
"Government sign" means any sign posted, erected, or installed by the City, the County
of Riverside, the State of California, or any other government agency or public utility in
the exercise of its responsibilities or in furtherance of governmental speech.
"Height of sign" means the distance measured from the adjacent finished grade to the
highest projection of the sign structure, including architectural design features.
"Main sign" means the largest single permitted sign on a property.
"Menu board" means a changeable point-or-purchase sign that provides a list of
products and prices.
"Multi-tenanted building" means a building containing more than one (1) individual
business within a shopping, professional, or industrial area.
46
Page 4
"Mural" means a painting or artwork temporarily or permanently affixed to a building
wall, freestanding wall, or fence, distinguished from signage in that it does not advertise
a business, commercial endeavor, or product sold or offered on the site or off-site.
"Neighborhood entry sign" means a sign located on private property that identifies a
defined single-family neighborhood or subdivision.
"Nonconforming sign" means a sign lawfully erected but which does not conform to the
current provisions of the Sign Ordinance or approved Sign Program.
"Off-site," "billboard," and "off-premises signs, billboards and posters" means any sign
which advertises goods, products, services, or facilities not necessarily sold on the
premises on which the sign is located or displays advertising not related to the use of
the property upon which the sign exists.
"Portable sign" means any small, portable, free-standing sign placed in front of a
business establishment anywhere in the City.
"Right-of-way" means the entire area that is less than five (5) feet away from any curb,
or from any roadway surface without a curb in a location where there is no sidewalk, or
the area between the interior edge of any sidewalk, i.e., the sidewalk edge furthest from
the street, and the curb or roadway surface.
"Service sign" means any assemblage of verbiage designed to advertise currently
available services or products offered by a business. The term "Service Sign" also
includes menu boards and variable message signs.
"Sign" means any identification, description, illustration or device illuminated or non-
illuminated, which is visible from any public place or is located on private property and
exposed to the public and which directs attention to a product, place, activity, person,
institution, business or solicitation with the exception of window display. Any emblem,
painting, banner, pennant, placard, lighting or other item, designed to advertise, identify
or convey information shall be considered a sign. National flags or flags of political
subdivisions shall not be construed as signs. Unless otherwise stated, an interior unlit
sign or graphic, other than sale sign, with letters or numbers less than two (2) inches
high per foot of distance from the glass at the frontage line shall be exempt from
provisions of the Sign Ordinance. Unless otherwise stated, the ordinance codified in this
section does not apply to signs located further than three (3) feet from the street front
glass.
a. This definition shall not include official notices issued by any court or
public body or officer or directional warning or information sign or structures
required by or authorized by law or by federal, state, county or city authority. Nor
shall it apply to an interior unlit sign or graphic, other than a sale sign, with letters
or numbers less than two (2) inches high per foot of distance from the street front
glass nor to signs located further than three (3) feet from the street front glass.
b. This definition shall not include murals as reviewed and approved by the
City Council pursuant to Chapter 5.81 of this Code.
"Sign area" means the entire area within any type of perimeter or border, which
encloses the outer limits of any writing, representation, emblem, figure or character. The
area of a sign having no such perimeter or border shall be computed by enclosing the
Page 5 47
entire area utilized by any writing, representation, emblem, figure or character within a
single continuous rectilinear perimeter of the smallest size and computing the area.
"Sign District" means a defined commercial and/or business area of the City consisting
of two or more legal lots of record where signs are subject to an approved Sign
Program.
"Sign Ordinance" means the "Sign Ordinance of the City of Palm Springs."
"Sign program" means design criteria established to guide the design and location of all
signs on a building or within a complex or a Sign District; Sign Programs can, but need
not mandate specific elements such as material, color, size, location, lighting, and
uniformity.
"Special Event" is any single event or series of events that occur on an infrequent basis
and takes place at a specific location in which the public is encouraged or invited to
watch, listen, participate, or purchase goods and/or services, including, but not limited
to, the following:
a. Commercial sales, including pre- and post-holiday sales;
b. Arts and crafts shows, trade shows, antique shows, and other
similar events;
C. Carnivals, fairs, circuses, and similar activities;
d. Outdoor shows, concerts, and exhibitions;
e. Annual events
"Temporary sign" is any sign, handbill, or poster which is placed to advertise or
announce a special event, or which pertains to a particular event or occurrence, or
which is not permanently anchored or secured to a building and not having supports or
braces permanently secured in the ground, including but not limited to "political signs,"
"election signs," and "real estate signs." The term "temporary signs" does not include
any government sign.
"Uptown" means that portion of the City within the boundaries of Alejo Road on the
south, Vista Chino on the north, the west side of Palm Canyon Drive on the west, and
Indian Canyon Drive on the east.
"Variable message sign" means a sign on which the copy can be changed, either
manually or electronically.
"Wall sign" means a sign painted on a wall. The term "wall sign" also means a flat sign
placed on or attached to a wall of a building, synonymous with the term "fascia
panel/plaque sign."
"Window sign" means a sign with text or graphics printed or etched into a window of a
structure. "Window sign" also means a sign displayed in the interior of a structure that
is clearly visible through an exterior window.
93.20.04 Prohibited Signs.
A. Any sign not specifically authorized by the Sign Ordinance shall be prohibited
unless required by law or utilized by a proper governmental agency.
— Page 6 8
B. The following signs are expressly prohibited:
1. Rotating, Moving, Flashing, Reflecting, Prismatic, or Blinking Signs.
Animated Signs, including without limitation 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 or approved as a
permanent architectural feature pursuant to Section 94.04.00 (Architectural
review), or Section 93.20.10 (Signs—General Provisions).
2. Signs on Public Property or Rights-of-Way.
Signs on public property or rights-of-way shall be prohibited unless (1) otherwise
expressly authorized in this Sign Ordinance, (2) provided through an approved
sign program applicable to a Sign District adopted by the City Council, or (3)
approved through a portable sign permit, encroachment license or agreement.
Any portable sign approved or permitted pursuant to this Code shall be located in
a manner fully compliant with all standards and regulations regarding access for
persons with disabilities.
3. Off-Premises Signs, Billboards, and Posters.
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 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;
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; Page 7 49
10. Signs displaying fighting words, obscene matter, or create a clear and
present danger to the general public;
11. Signs employing exposed raceways, ballast boxes, transformers,
crossovers or conduits, unless otherwise approved by the Director or the
Planning Commission;
12. Signs attached, affixed to or from the interior of any merchandise or
products displayed outside of permanent buildings.
13. Cabinet signs;
14. Bench Signs
All forms of bench signs or bus stop advertising are prohibited in all zones
except where State law expressly grants to a public transportation agency rights
to such signage.
93.20.05 Permitted signs-Commercial and Industrial Business.
A. Permitted signs — Main Sign. Each separate business shall be allowed one (1)
Main Sign as follows:
Main Sin Commercial and Industrial Districts
Maximum Number 1 Main Sin per frontage.
Permitted Sign Types Wall Sign, Monument Sign, Freestanding Sign, Awning
Sign, Arcade/Blade Sign, Window Sign.
Maximum Area •Within 100' of R.O.W.: 1 square foot per lineal foot of
frontage facing the R.O.W., plaza, or parking lot, not to
exceed 50 square feet.
•More than 100' from R.O.W.: 1-1/2 square feet per
lineal foot of frontage facing the R.O.W. or parking lot,
not to exceed 75 square feet.
•Over 50 feet of lineal frontage: A single business with
over 50 feet of frontage on a R.O.W. or parking lot shall
be entitled to an additional 1 square feet of sign area
for each 4 feet of frontage in excess of 50 lineal feet,
and an additional 1 square feet of sign area for each 8
feet of frontage in excess of 100 lineal feet.
• Buildings within 1000 feet of Interstate 10 R.O.W.: 1-
1/2 square feet per lineal foot of frontage facing
Interstate 10, not to exceed 150 square feet.
• Monument Signs or Freestanding Signs located at a
right angle to the R.O.W.: Each face shall be allowed
75% of the area otherwise permitted for the Main Sign.
• Businesses not on the ground floor: Businesses
located wholly above the ground floor and facing a
R.O.W. shall be entitled to 50% of the sign area
permitted for businesses on the ground floor of the
building.
Sign Separation No Main Sign shall be closer than 10 feet from any other
Page 8 50
Main Sin Commercial and Industrial Districts
sign permitted hereunder; for signage facing Interstate
10, no sign shall be closer than 25 feet from any other
sin ermitted hereunder.
Maximum Height •Height—Wall Signs, Awning Signs, Arcade/Blade
Signs. The top of any sign shall not be higher than the
building on which it is located, and in no event shall the
sign be higher than 28 feet.
. Height— Freestanding Signs, Monument Signs. The
maximum height shall be 8 feet, unless otherwise
permitted by Subsection 93.20.08E .
Additional Standards •Signage shall be located adjacent to or on the building
facing the frontage line.
•All sign area allowed under this section shall be
allowed on each street frontage of a multiple frontage
parcel, provided that the same use of the property
extends through from street to street. Consolidation of
sign areas permitted on each frontage to one sign is
prohibited.
Illumination Permitted Internal, external
Permit Required Yes
B. Permitted signs —Secondary Signs. Each separate business shall be allowed
Accessory and Convenience Signs as detailed below, in addition to a Main Sign:
1. Accessory Sin Commercial and Industrial Districts
Maximum Number 1 sign shall be permitted where the Main Sign is not
visible to pedestrian traffic.
Permitted Sign Types Arcade/Blade Sign, Awning Sign, Window Sign.
Maximum Area 6 square feet; 4 square feet per sign face if located at a
ri ht an le to the street.
Maximum Height The top of the sign shall not be higher than the building
on which it is located, and shall be located a minimum of
7 feet above any pedestrian walkway.
Additional Standards •The sign may be divided on either side of a fascia or
architectural element.
•The sign shall be designed and located so as to not
distract from the appearance of the building.
Illumination Permitted No illumination permitted.
Permit Required Yes
2. Customer Convenience Signs Commercial and Industrial Districts
2(a). Open/Closed Signs
Maximum Number 1 sin per frontage.
Permitted Sign Type Window Sign.
Maximum Area 1-1/2 square feet.
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted Internal Illumination only. Page 9 51
Permit Required No
2 b . Service Signs
Maximum Number 1 sin per business.
Permitted Sign Type Wall Sign, Window Sign
Maximum Area 2 3 square feet
Location Sign may be located on the interior of a window or on a
wall adjacent to the front entrance of the business.
Illumination Permitted No illumination permitted.
Permit Required No
2(c). Hours/Days
Maximum Number 1 sin per business.
Permitted Sign Type Window Sign.
Maximum Area Maximum 2" letter/number height per line.
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted No illumination permitted.
Permit Required No
2(d). Credit Card Decals
Maximum Area All credit card or other service decals shall be displayed
in a conti uous 1 square foot area.
Permitted Sign Type Window Sign.
Location Credit card and other service decals shall be located on
the interior of a window or door on the building frontage.
Permit Required No
2(e). Listing of Business
Associates and/or Sub-lessees
Maximum Number 1 sin per entrance.
Permitted Sign Type Window Sign.
Maximum Area All text shall be displayed in a contiguous 3 square foot
area.
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted No illumination permitted.
Permit Required No
3. Pedestrian Sign Directory Commercial and Industrial Districts
Maximum Number 1 per multi-tenant building
Maximum Area 6 square feet per side; the sign for individual tenants
shall be limited to no more than 2 square feet per side.
Location Sign directory may be attached to a building wall, or may
be a monument sign.
Illumination Permitted Internal, External
Permit Required Yes
C. Portable Signs. One (1) sign shall be allowed for each tenant space with frontage
along a public street. Multiple businesses within a single tenant space shall be limited to
one (1) portable sign overall. The portable sign shall be subject to the following
requirements:
Page 10 52
1. Portable Sin Commercial and Industrial Districts
Maximum Number One (1).
Location A portable sign may only be placed between a public
entry into the tenant space and the nearest fronting
street or parking drive aisle. The portable sign may be
placed in the sidewalk public right-of-way, as close to
the building incorporating the tenant space as possible,
and in no event less than three (3) feet from any street
or parking curb. Further, in no case may any portable
sign impede pedestrian traffic. A 72-inch wide clear
paved pathway for ADA access must be maintained at
all times. A portable sign shall not be placed on the
parking curb, gutter or street. The placement of a
portable sign on a public sidewalk pursuant to this
Subsection is not a right, and shall only be allowed in the
event that the City issues a permit, granted upon an
applicant's compliance with the minimum requirements
as provided in this Subsection C.
Dimensions A portable sign shall not exceed forty-two (42) inches in
height and thirty-two (32) inches in width. The sign may
be two 2 sided.
Design Standards •Frame: The sign frame may be a single- or two-pole
metal frame, or it may be an A-frame. The sign shall
comply with administrative design guidelines adopted
by the Director of Planning Services pursuant to and
consistent with this Subsection C.
•Base Required: The sign frame shall include a heavy
base to prevent unintended movement caused by wind
or other minimal force. Signs which require additional
weighting (sandbag, concrete block, etc.) are not
allowed.
•Sign Copy: The sign copy shall be produced
professionally and in compliance with the above-
referenced design guidelines.
•Attachments: No lighting, balloons, or other
attachments are allowed.
Insurance and Indemnity A permit for a portable sign shall only be issued upon the
applicant's submission of proof of commercial general
liability insurance applicable to the portable sign, located
in compliance with this Subsection C, with limitations of
liability satisfactory to the City Attorney, and applicant's
execution of an indemnification of the City with respect
to any and all claims arising from or related to the
portable sign.
Illumination Permitted No illumination permitted.
Permit Required Yes— Encroachment Permit or Sin Program
2. The Director of Planning Services shall prepare and implement
administrative rules, regulations, and guidelines consistent with, and in
furtherance of, the provisions of this Subsection.
r�
Page 11 y
93.20.06 Permitted Signs — Downtown/Uptown.
A. Permitted signs — Main Sign. Each separate business shall be allowed one (1)
Main Sign as follows:
Main Sign Downtown/Uptown
Maximum Number 1 Main Sin per frontage.
Permitted Sign Types Projecting Sign (Arcade/Blade Sign or Awning Sign) or
Flush-Mounted Sign (Window Sign, Individual Letters,
Exposed Neon, or Fascia Panel/Plaque Sign).
Maximum Area •Arcade/Blade Sign: 16 square feet/cubic feet. The
sign shall not exceed 4 feet in any one direction. One
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
sign. The brackets or suspension structure shall not be
included in the calculation of sign area/volume.
•Awning Sign: The sign area shall not exceed 20% of
the total awning area with a maximum area equal to 1
square foot per linear foot of awning width. Letters
shall be a maximum of 14 inches high and located on
the front face or any valance element of the awning. A
logo may be incorporated into the sign with additional
sign area allowed, provided the total sign does not
exceed 30% of the total awning area with a maximum
of 1-1/2 square feet per linear foot of awning width.
•Exposed Neon: Sign shall not exceed a maximum of
one square foot per linear foot of building frontage, with
a maximum area of 50 square feet. Exposed neon
signs shall only be used in conjunction with food and
entertainment uses.
•Fascia Panel/Plaque Sign: The length of the fascia
panel/plaque sign shall be limited to a maximum of 2/3
the width of the storefront, and the sign area shall be
limited to a maximum of one square foot per lineal foot
of building frontage, not to exceed a maximum of 50
square feet. The height of individual letters shall not
exceed 14 inches, with the first letter capitals allowed
at 16 inches.
•Window Sign: 40% of the total glazed area or 15
square feet, whichever is smaller. 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 sign. Letters shall not exceed a
maximum of 10 inches in height. Signs on glazing
shall be limited to the first floor of the building.
Maximum Height Except as otherwise regulated, the top of any sign shall
not be hi her than the building on which it is located, and
Page 12 4
Main Sign Downtown/Uptown
in no event higher than 28 feet, as measured from
finished grade. The lowest point of any blade/arcade
sign shall be a minimum of 7 feet above any pedestrian
walkway.
Illumination Permitted Internal, external
Permit Required Yes
B. Permitted signs —Accessory Signs. In addition to one Main Sign, each separate
business may select one (1) type of accessory signage from the sign types listed in the
following table:
Accessory Signs Downtown/Uptown
Maximum Number 1 Accessory Sin per business.
Permitted Sign Types Projecting Sign (Blade Sign/Arcade Sign or
Awning/Umbrella Sign) or Flush-Mounted Sign (Sign on
Glazing, Individual Letters, Exposed Neon, or Fascia
Panel/Plaque Sign).
Maximum Area • Blade Sign/Arcade Sign: 9 square feet/cubic feet. The
sign shall not exceed 3 feet in any one direction. One
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
sign. The brackets or suspension structure shall not be
included in the calculation of sign area/volume.
•Awning/Umbrella Sign: The sign area shall not exceed
4 square feet. Letters shall be a maximum of 4 inches
high, and shall be located on a vertical face or valance
element of the awning or umbrella. A logo may be
incorporated into the sign, provided the total sign area
does not exceed 6 square feet. Each awning or
umbrella that is separated by a distance of at least 8
inches may contain an identical sign; the combination
of such signs shall be deemed as one sign for the
purposed of this section. Signs on umbrellas may
contain only the name and logo of the business to
which they relate.
•Individual Letters: Signs shall not exceed a maximum
area of 6 square feet. Individual letters shall not
exceed 12 inches in height. Such signs shall be limited
to the first floor of buildings.
•Fascia Panel Sign: Signs shall not exceed a maximum
area of 6 square feet. The height of the fascia panel
shall not exceed 16 inches; letters shall not be closer
than 1-1/2 inches from the edge of the fascia panel.
Individual letters shall not exceed 1 inch in depth from
the face of the surface upon which they are mounted.
•Window Sign: An Accessory Sign is permitted on
�5
Page 13 �
Accessory Signs Downtown/Uptown
glazed areas which do not also contain a Main Sign.
The total sign area shall be no greater than 6 square
feet. Each glazed area on either side of a customer
entrance may contain an identical sign; the
combination of such signs shall be deemed as 1 sign.
Letters shall not exceed a maximum of 10 inches in
height. Signs on glazing shall be limited to the first
floor of the building.
Maximum 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 28 feet, as measured from
finished grade. The lowest point of any blade/arcade
sign shall be a minimum of 7 feet above any pedestrian
walkway.
Illumination Permitted Internal/External
Permit Required Yes
C. Permitted signs — 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.
Customer Convenience Signs Downtown/Uptown
1. Open/Closed Signs
Maximum Number 1 sin per street entrance.
Maximum Area 1-1/2 square feet
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted Internal Illumination only.
Permit Required No
2. Service Signs
Maximum Number 1 sin per business.
Maximum Area 2 square feet
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted No illumination permitted.
Permit Required No
3. Hours/Days
Maximum Number 1 sin per business.
Maximum Area Maximum 2" letter/number height per line.
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted No illumination permitted.
Permit Required No
4. Credit Card Decals
Maximum Area All credit card or other service decals shall be displayed
in a contiguous 1 square foot area.
Location Credit card and other service decals shall be located on
the interior of a window or door on the building frontage._
Page 14 s
Illumination Permitted No illumination permitted.
Permit Required No
5. Pedestrian Directory
Maximum Number 1 per building where the principal sign for a business on
a parcel fronting on Palm Canyon Drive is not visible
from Palm Canyon Drive.
Maximum Area The directory sign shall not exceed 6 square feet per
face; signs for individual businesses shall be no larger
than 2 s uare feet per face.
Location The sign must be permanently mounted and may be
attached to the building or may be freestanding and shall
not im edepedestrian movement.
Illumination Permitted Internal/External
Permit Required Yes
D. Portable Signs. One (1) sign shall be allowed for each tenant space with
frontage along a public street. Multiple businesses within a single tenant space shall be
limited to one (1) portable sign overall. The portable sign shall be subject to the
following requirements:
1. Portable Sin Downtown/Uptown
Maximum Number One (1).
Location A portable sign may only be placed between a public
entry into the tenant space and the nearest fronting
street or parking drive aisle. The portable sign may be
placed in the sidewalk public right-of-way, as close to
the building incorporating the tenant space as possible,
and in no event less than three (3) feet from any street
or parking curb. Further, in no case may any portable
sign impede pedestrian traffic. A seventy-two (72) inch
wide clear paved pathway for ADA access must be
maintained at all times. A portable sign shall not be
placed on the parking curb, gutter or street. The
placement of a portable sign on a public sidewalk
pursuant to this Subsection is not a right, and shall only
be allowed in the event that the City issues a permit,
granted upon an applicant's compliance with the
minimum requirements as provided in this Subsection D.
Dimensions A portable sign shall not exceed forty-two (42) inches in
height and thirty-two (32) inches in width. The sign may
be two 2 sided.
Page 15 7
Design Standards •Frame: The sign frame may be a single- or two-pole
metal frame, or it may be an A-frame. The sign shall
comply with administrative design guidelines adopted
by the Director of Planning Services pursuant to and
consistent with this Subsection D.
•Base Required: The sign frame shall include a heavy
base to prevent unintended movement caused by wind
or other minimal force. Signs which require additional
weighting (sandbag, concrete block, etc.) are not
allowed.
•Sign Copy: The sign copy shall be produced
professionally and in compliance with the above-
referenced design guidelines.
•Attachments: No lighting, balloons, or other
attachments are allowed.
Insurance and Indemnity A permit for a portable sign shall only be issued upon
the applicant's submission of proof of commercial
general liability insurance applicable to the portable sign,
located in compliance with this Subsection D, with
limitations of liability satisfactory to the City Attorney,
and applicant's execution of an indemnification of the
City with respect to any and all claims arising from or
related to the portable sign.
Illumination Permitted No illumination permitted.
Permit Required Yes— Encroachment Permit or Sign Program
2. The Director of Planning Services shall prepare and implement
administrative rules, regulations, and guidelines consistent with, and in
furtherance of, the provisions of this Subsection.
E. Design Standards. Signage in the Downtown/Uptown area shall be subject to
the specific design standards listed below, in addition to any other design standards
listed in this chapter:
1. Arcade/Blade Signs. Acceptable materials include painted, polished and
patina metal; painted and stained wood; glass; and inlaid stone. The bracket
design shall be integrally planned and detailed and shall be highly ornamental.
2. Awning Signs. Letters or logos shall be sewn or silkscreened onto the
awning in an approved contrasting color.
3. Exposed Neon Signs. Exposed neon signs shall be subject to the design
standards listed in Subsection 93.20.10(C)(6).
4. Fascia Panel/Plaque Sign. Acceptable materials include cast stone, metal
and wood panels with individual wood letters, neon and custom ceramic tile.
Letters shall not be closer than 6 inches from the edge of the fascia
panel/plaque.
Page 16
5. Window Signs. Acceptable sign techniques are sand-blasted or etched
glass, professionally-painted lettering, professionally- and custom-fabricated and
applied vinyl, metal leaf and stained glass.
93.20.07 Permitted Signs —Apartments, hotels, resort hotels and residential
mobile home parks.
A. Permitted signs — Main Sign. A Main Sign may be permitted for the following
uses as listed in the following table:
1. Main Sign —Apartments,
Hotels, Condominium Complexes
and Residential Mobile Home
Parks
Maximum Number 1 Main Sign; 1 additional sign may be permitted if the
street frontage and sign separation is greater than 170
feet. Only 1 Freestanding Sign may be permitted on a
corner parcel.
Permitted Sign Types Wall Sign, Monument Sign, Freestanding Sign
Maximum Area 20 square feet, plus 1 additional square foot of sign area
for each separate rental unit, not to exceed a maximum
of 50 s uare feet.
Maximum Height .Height—Wall Signs. The top of any sign shall not be
higher than the building on which it is located, and in
no event shall the sign be higher than 28 feet, as
measured from finished grade?
• Height— Freestanding Signs, Monument Signs. The
maximum height shall be 8 feet. The height shall be
measured from finished grade to the top of the sign
structure.
Illumination Permitted Internal, external
Permit Required Yes
2. Main Sign— Resort Hotels
Maximum Number 1 Main Sign; 1 additional sign may be permitted if the
street frontage and sign separation is greater than 170
feet. Only 1 Freestanding Sign may be permitted on a
corner parcel.
Permitted Sign Types Wall Sign, Monument Sign, Freestanding Sign
Maximum Area 1-1/2 square feet per separate rental unit, not to exceed
a maximum of 300 square feet. Any secondary Main
Signs as may be permitted by this Section shall be
restricted to 50 square feet in area.
Maximum Height . Height—Wall Signs. The top of any sign shall not be
higher than the building on which it is located, and in
no event shall the sign be higher than 28 feet, as
measured from finished grade?
*Height— Freestanding Signs, Monument Signs. The
Page 17 u 9
maximum height shall be 12 feet. The height shall be
measured from finished grade to the top of the sign
structure.
Illumination Permitted Internal, external
Permit Required Yes
3. Main Sign—Other Uses
Permitted in Residential Zones
Maximum Number 1 Main Sign for an authorized use (churches, clubs,
stables, and the like). Such use shall be separate and
not in conjunction with a permitted hotel or apartment
use.
Permitted Sign Types Wall Sign, Monument Sign, Freestanding Sign
Maximum Area 20 square feet
Maximum Height .Height—Wall Signs. The top of any sign shall not be
higher than the building on which it is located, and in
no event shall the sign be higher than 28 feet, as
measured from finished grade.
• Height— Freestanding Signs, Monument Signs. The
maximum height shall be 8 feet. The height shall be
measured from finished grade to the top of the sign
structure.
Illumination Permitted Internal, external
Permit Required Yes
B. Permitted signs —Accessory Signs. Accessory Signs may be permitted as listed
in the following table:
1. Additional Signs— Resort
Hotels
Maximum Number 1 Accessory Sign for a restaurant use within the hotel.
Permitted Sign Types Wall Sign
Maximum Area 30 square feet.
Maximum Height The sign shall not be located above the ground floor of
the buildin .
Additional Standards The sign shall be located at the restaurant entry or at the
hotel entry, if the restaurant does not have a separate
entry.
Illumination Permitted Internal, external
Permit Required Yes
2. Vacancy Signs
Maximum Number 1 Vacancy Sign per hotel, resort hotel, or apartment
complex.
Permitted Sign Types Wall Sign, Window Sign
Maximum Area 5 square feet.
Additional Standards The sign shall be located immediately adjacent to the
office entrance.
Illumination Permitted Internal, external
Permit Required Yes
Page 18 6 0
93.20.08 Special Provisions.
A. Gasoline Service Stations.
a. Gasoline service stations shall be limited to one (1) double-faced sign of
an area not to exceed thirty-six (36) square feet on each side face. A
freestanding sign, if approved, shall not exceed eight (8) feet in height. In
addition, a single ten (10) square foot sign, fixed flat on the surface of the
building, shall be allowed. The height of this sign shall not exceed twenty (20)
feet.
b. In addition to the signs for public safety and convenience authorized by
Section 93.20.10.B.1, the Director may authorize and approve instructional or
directional signs not to exceed two (2) square feet or directional signs not to
exceed two (2) square feet per face when deemed necessary for the
convenience of patrons of gasoline service stations.
B. Gasoline Price Signs, Nothing in Section 93.20.04, or in any other provision of
this Sign Ordinance shall be construed as prohibiting compliance with Section 13531 of
the Business and Professions Code of the State of California which relates to the
posting of gasoline prices. Any sign, statement, or other advertising medium posted or
displayed shall conform to all of the requirements of this section.
C. Interior Real Estate Office Signs. In addition to the other sign usage authorized
herein, real estate offices may use internal display boards subject to all window sign
requirements applicable to the zone in which each real estate office is located.
D. Signs for drive-through restaurants. Signs for drive-through facilities shall be
approved in conjunction with a Conditional Use Permit for the use. The area of signage
specific to the drive-through facility use may be in addition to the sign area otherwise
permitted for the subject site. The drive-through signage shall be adequately screened
from adjacent public rights-of-way and from adjacent properties.
E. Signs for Large-Scale Commercial and Industrial Centers.
1. In addition to the sign area allowed for individual businesses, commercial
and industrial centers in excess of three and one-half (3 1/2) acres of land shall
be allowed one (1) sign on each street frontage. Such signs shall not extend
beyond the property or into the right-of-way. The allowable sign area shall be ten
(10) square feet of sign per acre to a maximum area of fifty (50) square feet per
face. Signs shall not exceed a maximum height of eight (8) feet. One (1)
additional sign may be permitted if the street frontage is greater than, and the
signs are separated by a distance of no less than, four hundred fifty (450) feet; if
multiple signs are allowed, they shall be located at street intersections or access
drives.
Page 19 61
a. Commercial and industrial centers in excess of fifteen (15) acres of
land shall be allowed one (1) sign on each street frontage not to exceed
one hundred twenty-five (125) square feet per face. Such signs shall not
extend beyond the property or into the right-of-way.
b. Signs shall not exceed a maximum height of twelve (12) feet. One
(1) additional sign may be permitted if the street frontage is greater than,
and the signs are separated by a distance of no less than, five hundred
(500) feet; if multiple signs are allowed, they shall be located at street
intersections or access drives.
2. Shopping centers, of at least seventy-five (75) acres in area and which
abut a freeway and where at least thirty-five (35) percent of the square footage in
the center is retail commercial, shall be permitted a single sign which is
consistent with the following:
a. The sign shall not exceed fifty (50) feet in height and thirty (30) feet
in width;
b. The sign shall be perpendicular to the freeway and shall be set
back at least five (5) feet, but no more than fifty (50) feet, from the freeway
right-of-way, and at least three hundred fifty (350) feet from any secondary
or major thoroughfare;
C. The sign area shall not exceed seven hundred fifty (750) square
feet per face with a maximum of two (2) faces.
F. Freestanding Signs. Except as otherwise provided herein, freestanding signs
shall be prohibited on a single parcel of property containing more than one (1) business.
Where authorized for a single business, a freestanding sign shall not be located within
the public right-of-way and shall not exceed eight (8) feet in height unless otherwise
permitted. Freestanding signs shall be subject to all other provisions of this section.
G. Major Stores Not Having Street Frontage. Retail establishments which have a
floor area in excess of fifty thousand (50,000) square feet and are so located within a
shopping complex that they are not afforded street frontage shall be allowed signs as
follows:
1. One (1) single-face sign per major or secondary street frontage, not to
exceed fifty (50) square feet in area per store affected. The sign shall be allowed
for no more than two (2) street frontages. 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.
2. Such signs shall be located in accordance with the provisions and intent of
the Sign Ordinance and in keeping with the architectural design of the shopping
center.
H. Sign Program for Multi-Tenanted Buildings or Sign Districts.
1. General Requirements. Sign programs shall be required for any multi-
tenanted building or development project with more than one (1) tenant.
Page 20 62
Sign programs shall remain in force until a new program is submitted and
approved.
2. Permits Required. Permits shall be required for signs within approved
Sign Programs. Such permits shall be subject to all applicable fees and
shall be in conformance with the approved Sign Program. Sign programs
shall integrate with the architecture of the building complex, including such
elements as size, color, location and construction material.
3. Approval Process. A sign program that is fully conforming to the
requirements of this Chapter may be approved by the Director of Planning
Services, following a review and recommendation by the Architectural
Advisory Committee pursuant to Section 94.04.00(E)(2)(a).
4. Approval Process - Deviations. A sign program that varies from the
specific requirements of the Sign Ordinance may be approved if the City
Council finds the following:
a. 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;
b. That the approved program 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 program; and
c. That the approved program is compatible with the surrounding
property and not contrary to the purpose of the Sign Ordinance.
I. Sign Program for Complex of Businesses. In addition to signs allowed under this
Chapter for individual businesses, one additional sign relating to a building or complex
of businesses may be allowed as part of an approved Sign Program (see Section
93.20.05(C)(6)). This sign shall not exceed twenty (20) square feet unless no individual
tenant signs are included in the Sign Program, in which case the sign area may be
based on the frontage formula. Such a sign may be freestanding.
J. Special Sign Districts. The City Council, in its sole discretion, may adopt special
Sign Districts, and provide appropriate implementing sign programs as part of a specific
plan, planned development district, development agreement, or other process subject to
public review when special sign provisions are necessary or appropriate to implement
general plan provisions and goals.
K. Owner's Consent. No sign may be placed on private property without the
consent of the property owner or persons holding the present right of possession and
control.
Page 21 G 3
L. Automobile Dealerships. The sign area allowed for individual businesses may be
applied to each individual structure wherein automobiles are displayed for sale;
additional area shall not be granted for multiple street frontages.
M. Freeway Signs. In addition to other signs permitted, freeway-oriented signs
designed to be viewed primarily from Interstate 10 in the vicinity of the Whitewater,
Indian Avenue/Indian Canyon Drive and Gene Autry Trail intersections may be
permitted by the planning commission on properties designated "highway commercial,"
by either the zoning ordinance or the general plan, pursuant to Section 94.04.00
(Architectural review). Signs shall be so constructed, erected and maintained to insure
propriety and integration with the surrounding environment, topography and land uses.
The following standards are intended to restrict such signs to freeway-oriented
businesses and set development standards:
1. One (1) freeway-oriented sign may be allowed which occupies the same
parcel on which the sign is located except as otherwise provided herein.
2. A freeway-oriented sign shall be within one thousand (1,000) feet of the
point of intersection of the freeway with the street served by ramps from the
freeway.
3. Freeway-oriented sign structures shall be located in such a manner so as
not to adversely obscure the visibility of another existing freeway-oriented sign
structure from Interstate 10.
4. Signs which exceed a height of twenty-five (25) feet may be approved only
after review of a flag test to prove need that the requested height is necessary for
visibility from Interstate 10. The height of freeway-oriented signs and their related
structures, for a single business, shall not exceed fifty (50) feet. The height may
be increased an additional five (5) feet for each additional business advertised;
provided, the total height does not exceed seventy-five (75) feet.
5. The distance between the lowest portion of the sign face and ground level
shall not be less than one-half (1/2) the height of the sign structure.
6. The area of each sign face shall not exceed one hundred fifty (150)
square feet per business advertised.
7. The minimum size letter in the text of the sign shall be one (1) foot in
vertical or horizontal dimension, and the maximum size letter shall be three (3)
feet.
8. Illumination shall be limited to internal lighting. All freestanding signs shall
have underground utility service.
N. Relocation of Off-Site Advertising Displays. Pursuant to the provisions of
Business and Professions Code Section 5412, and notwithstanding any provision of the
city's zoning code to the contrary, an existing off-site advertising display may be
relocated to any property zoned for industrial or commercial uses, subject to such
development standards as the City Council and the owner of the off-site advertising
display proposed to be relocated may agree in a relocation agreement. A relocated off-
site advertising display shall be subject to the review process provided in the relocation
Page 22 64
agreement. Each off-site advertising display proposed for relocation shall be
constructed in compliance with applicable city building codes and regulations.
93.20.09 Temporary Signs.
A. Residential Zones. Up to two (2) free-standing temporary signs of up to eight (8)
square feet, or one (1) free-standing temporary sign of up to sixteen (16) square feet,
and/or one (1) window sign of no more than four (4) square feet may be maintained on
each individual single family property. A temporary sign associated with a special event
shall not be installed more than sixty (60) days before the event and shall be removed
no later than five (5) days after the event.
B. Commercial and Industrial Zones. Up to two (2) temporary signs of up to ten (10)
square feet or one (1) temporary sign of up to twenty (20) square may be maintained on
any commercial or industrial property. A temporary sign associated with a special event
shall not be installed more than sixty (60) days before the event and shall be removed
no later than five (5) days after the event.
C. Vacant Properties, Permit Required. Up to two free-standing temporary signs of
up to eight (8) square feet in size, or one (1) free-standing temporary sign of up to
sixteen (16) square feet in size is permitted on any vacant property, with the express
written consent of the owner of the land, for a period of time of sixty (60) days prior to
the event related to the sign, the time during the event, and for five (5) days after the
event. Placement of a temporary sign on vacant residential, commercial, or industrial
property is prohibited without a permit for same issued by the City. No permit shall be
granted for placement of any temporary sign on vacant property except upon an
applicant's submission of written proof of express permission from the owner of the
vacant property in question for placement of the proposed temporary sign.
D. Time Limitation. A temporary sign that is not related to a special event shall not
be installed for a period of more than seventy-five (75) days unless it is in a residential
zone. A temporary sign unrelated to a special event in a residential zone shall have no
time limitation.
E. Temporary Signs in Right-of-Way. Temporary signs shall not be installed or
maintained on any public right-of-way or on any public property, including without
limitation trees, public utility poles, and street signs, and shall only be placed on private
property except as otherwise expressly provided in this Sign Ordinance. However,
nothing herein shall be interpreted as prohibiting any person from carrying or holding a
temporary sign within a public right-of-way as allowed in Section 11.28.050 of this Code.
F. Exception re Temporary Signs in Right-of-Way. The owner or resident of a
property in a residential zone, or an authorized agent thereof, may place temporary
signage consistent with Subdivision 93.20.09(A) in right-of-way provided that there is no
sidewalk located in the right-of-way in question, the right of way in question is
landscaped or otherwise improved, and the property in question extends up to a hedge,
Page 23 6
fence, wall or other boundary located five (5) feet or less away from the curb or roadway
surface. In the event that an owner or resident of a residential property places any
temporary signage pursuant to this Subdivision 93.20.09(F), that signage shall be
placed as close to hedge, fence, wall or other boundary of the property as possible, and
in no event less than three (3) feet from the curb or roadway surface.
93.20.10 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. Except as otherwise provided in this
Chapter, it is unlawful for any person to construct, erect, repair, alter the structure
of, or otherwise relocate any sign within the City without first obtaining a sign
permit, and building/electrical permit(s) if required. 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, except that either the applicant or the Director 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 if the installation of a
sign is commenced before obtaining a permit. Permits shall be required for the
installation or maintenance of all signs except for temporary signs on private
developed property. Permits are also required for portable signs within or on the
public right-of-way and temporary signs on vacant property.
2. Special Permits. Nothing herein contained shall prevent the Director 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 or 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 may request that the
decision in question be placed 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. Where specified in this code, certain signs
(including but not limited to, off-premise promotional signs, as required by an
Page 24 l.`s
adopted Sign Program, adoption of a Sign Program, or other signs subject to the
requirements of this Chapter) shall require the approval of an appropriate
discretionary entitlement prior to the issuance of a sign or construction permit.
5. Sign Permit. Unless otherwise specified in this Chapter, a sign permit is
required for the modification, repair, or construction of a sign. Such permit may
also include an electrical permit for signs that are illuminated. Application for
permits shall be submitted to the Department of Planning Services accompanied
by no less than three sets of plans. Such application and plans shall be reviewed
by staff for compliance with this code and any applicable Sign Program.
Repainting a legally existing sign, or changing the advertising copy thereon shall
not require a sign permit unless a structural change is made and/or the sign area
is increased.
6. Maintenance.
a. Every sign and sign structure allowed by this Chapter shall be
continuously maintained. This shall include, but is not limited to, painting,
cleaning, replacement of lighting (for illuminated signs) or missing letters,
keeping structural elements and bracing in a safe condition, and internal
structural elements screened from view.
b. Every sign and/or sign structure advertising a use no longer being
conducted on the property for a continuous period of 90 days or more
shall be removed and replaced with an opaque panel. Freestanding sign
structures shall be allowed to remain unused for a period not to exceed
one (1) year, after which such sign structure shall be removed
7. Regulations. The City Manager shall have the authority to issue
regulations in order to clarify, implement and enforce this Sign Ordinance.
B. Safety.
1. Signs for Public Safety and Convenience. When deemed necessary, the
Director 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.
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. The intensity of lighting of a sign may be reviewed in
the field by the Director who may require the reduction of intensity.
Page 25 C 7
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 Section 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 Transportation Department, the City
Council or 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-public uses may be permitted on public
property. The design must conform to standard directional sign specifications
approved by the City Council as a part of a Sign District after review and
recommendation of 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 City Council.
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, non-illuminated 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. 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 except
as otherwise permitted pursuant to California Vehicle Code Section 21100(p)(2),
as may be amended from time to time.
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, Fiber Optics and Other High-Intensity Signs. The
design and placement of neon, fiber optic and other high-intensity signs shall be
subject to the following provisions:
Page 26 C 8
a. The use of such signs shall be limited to main signs and secondary
signs. Prefabricated signs are prohibited except for customer signs;
customer convenience signs shall be limited to a single color.
b. Neon, fiber 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, fiber
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, fiber 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. All rules and regulations concerning the non-communicative aspects of
signs, such as location, size, height, illumination, spacing, orientation, etc., stand
enforceable independently of any permit or approval process.
8. Neighborhood Entry Signs. The City may install neighborhood entry signs
in existing or proposed single-family neighborhoods in the G-R-5 or any R-1
zone, subject to the following provisions:
a. The sign or signs shall only represent and may only be applied for
by neighborhood associations organized under the auspices of the city's
office of neighborhood involvement or subsequent department.
b. The sign(s) shall only be allowed as part of a Sign Program
approved by the planning commission, including the following information:
i. Number, location and placement;
ii. Dimensions, design, materials and colors;
iii. Authorization from owners on whose property sign(s) would
be located.
C. The signs shall only be allowed within the boundaries of the
neighborhood association but may be located in the adjacent public right-
of-way.
d. The signs shall be subject to review and approval for potential
traffic visibility and other safety issues.
e. Prior to installation of any neighborhood entry sign on private
property, the property owner(s) shall consent to the placement of the sign
and execute a covenant running with the land regarding the long-term
maintenance, subject to review and approval of the city attorney.
D. Message Substitution.
1. Subject to the consent of the land owner and the sign owner, a
constitutionally protected noncommercial message of any type may be
substituted, in whole or in part, in place of any commercial message or any other
Page 27 G 9
noncommercial message on a sign if the sign structure or mounting device is
legal without consideration of message content. Similarly, an onsite commercial
message may be substituted for another commercial message on an on-site sign
if the substitution does not also involve a change of the physical structure or
mounting device for the sign. Such message substitutions may be made without
any additional approval or permitting.
2. The purposes of this Subsection are to prevent any inadvertent favoring of
commercial speech over noncommercial speech or of any particular
noncommercial message over any other noncommercial message and to allow a
change of commercial messages on an on-site sign without a new permit.
3. This Subsection does not create a right to increase the total amount of
signage on a parcel, nor does it affect the requirement that a sign structure or
mounting device be properly permitted. This section does not allow the
substitution of an off-site commercial message in place of an on-site commercial
message or the conversion of a sign to general advertising for hire.
4. In addition to message substitution, whenever a parcel has a right to
display area that is unused, that area may be used for constitutionally protected
non-commercial messages on temporary signs, without permits or approvals; it
may also be used for display of noncommercial messages on permanent
structures, if the structure is properly permitted.
5. This Subsection prevails over any more specific provision to the contrary
within the Sign Ordinance.
93.20.11 Abatement.
A. Compliance with Sign Ordinance, Nuisance. The City Council determines that
the public peace, safety, morals, health and welfare require that all signs heretofore
constructed or erected in violation of any ordinance of the City of Palm Springs in effect
at the time such sign was constructed or erected, are made subject to the provisions of
this section. Such signs shall be made to conform and comply with the Sign Ordinance
as soon as reasonably possible after the effective date of the Sign Ordinance. All signs
that are not subject to Subsection D of this Section 93.20.11 shall be made to conform
and comply with the Sign Ordinance within a reasonable time, and are declared to be
public nuisances subject to abatement, penalties and City remedies as such in accord
with Chapter 11.72 of this Code and other applicable provisions. Any provision of the
Sign Ordinance identifying a penalty or procedure specifically applicable to a violation of
the Sign Ordinance, but contrary to or inconsistent with a provision of Chapter 11.72 of
this Code, shall supersede that provision thereof.
B. Removal and Amortization Schedule. Any sign that fails to conform to the
requirements of the Sign Ordinance, or any amendment to the Sign Ordinance, either
by variance previously granted or by conformance to the existing sign regulations at the
time the initial permit for such sign was issued, shall either be removed or brought up to
code requirement within the period of time prescribed herein dating from the effective
date of the Sign Ordinance or the amendment to the Sign Ordinance that made such
sign nonconforming, whichever date occurs last. Such nonconforming signs may be
Page 28 7
abated forthwith upon the payment of the cost of removal and the remaining value of
such sign, as determined from the valuation stated on the permit and based upon a
depreciation schedule for such sign as follows:
Amortization Schedule
Permit Value of Sign Amortization Schedule
$100.00 or less Immediately
$100.01 to $1000.00 1 1/2 Years
$1000.01 to $2500.00 2 Years
$2500.01 to $5000.00 3 Years
$5000.01 to $10,000.00 4 Years
Over $10,000.00 5 Years
C. Notice of Non-Compliance. Abatement. The Director shall issue written notice to
any owner of a sign, apart from a temporary sign or a portable sign, that is illegal,
abandoned, not maintained in good condition, or is not in compliance with the
requirements of this Sign Ordinance. Such notice shall be transmitted to the owner at
the owner's last known address by registered or certified mail, and list the specific areas
of noncompliance. Abatement of any nuisance that is the subject of a notice issued
pursuant to this Subsection C shall proceed in accordance with Chapter 11.72 of this
Code.
D. Signs in Right-of-Way, Unpermitted Temporary and Portable Signs, Nuisance.
Any sign placed on any public right-of-way, and not otherwise permitted by the Sign
Ordinance or the City Council, and any temporary sign placed upon vacant property or
portable sign placed on a sidewalk without a valid permit, shall be deemed to be a
public nuisance that poses an immediate danger to the health, safety, and welfare of the
community by creating an obstruction to circulation, including, but not limited to,
vehicular and/or pedestrian traffic, and creating blight. In the event that the City
removes and disposes of any sign identified as a nuisance under this Subsection D, the
owner of the sign in question shall be responsible and liable for the removal and
disposition of the sign.
1. Abatement.
Upon discovering the existence of a sign left on the public right-of-way, an
unpermitted temporary sign on vacant property, or an unpermitted portable sign,
the Code Enforcement Official shall have the authority to order and/or cause the
immediate abatement and removal thereof. To the extent any owner of the sign
in question can be identified through the Code Enforcement Official's reasonable
efforts, the Code Enforcement Official shall notify the owner thereof, or the
owner's representative, in person, or by mail to the owner's last known address,
of an informal abatement notice. Such notice shall either indicate that the sign in
Page 29 1 71
question has been abated and removed, specify the procedure for retrieving a
removed sign, and indicate that the City will detroy or otherwise dispose of the
removed sign if that sign is not claimed within thirty (30) days. The notice shall
also inform the owner that he/she/it may request a hearing to appeal the
abatement and removal of the sign by submitting a written request for such a
hearing to the Office of the City Clerk.
2. Process and Hearings.
a. Release of Sign, Fees and Penalty Paid. Any sign removed and
stored pursuant to these provisions shall be released to the owner thereof
if claimed within thirty (30) days after issuance of the notice of any
abatement and removal, upon the owner's payment of administrative fees,
including fees for storage of the sign, hearing fees (if any), and payment in
full of any penalty related to the violation of the Sign Ordinance that
prompted the abatement and removal. This thirty (30) day claim period
shall apply regardless of whether the owner request a hearing appealing
the abatement and removal. The administrative fees for the storage and
removal of the sign shall be established or modified by resolution of the
City Council, and shall include the actual cost of removal and storage of
any sign, plus the proportional share of administrative costs in connection
therewith.
b. Refund of Fees. Any administrative fees or penalty shall be
refunded, in whole or in part, if, at a hearing on an appeal as to the
abatement and removal, a determination is made by the hearing officer
that the fees or a portion thereof should be refunded.
C. Hearing. A request for a hearing as to the removal and abatement
of a sign shall be submitted to the Office of the City Clerk no more than
fifteen (15) days after the City's issuance of an informal abatement notice
pursuant to Subparagraph D.1. Each request for a hearing on an appeal of
the abatement and removal of a sign shall be accompanied by full
payment of all administrative fees, including fees for storage of the sign,
hearing fees, and payment in full of any penalty related to the violation of
the Sign Ordinance that prompted the abatement and removal. Any
hearing upon an appeal as to an abatement and removal order requested
shall be conducted within ten (10) working days of the receipt of the
request for a hearing by the Office of the City Clerk. Each hearing shall be
conducted by a hearing officer designated by the City Manager. The
failure of either the owner or his/her/its agent to request a hearing waives
the right to a hearing. At any hearing, the hearing officer shall determine
whether good cause has been shown for the abatement and removal of
the sign. The decision of the hearing officer shall be deemed the final
administrative determination. If good cause is shown for the abatement
and removal of the sign, the owner or his/her/its agent shall have fifteen
(15) days from the date of the hearing to retrieve his/her/its sign, if the sign
has not already been returnd to the owner or agent. No sign shall be
returned to an owner or agent after a hearing without payment of
Page 30 72
additional administrative fees that have accrued since the filing of the
request for a hearing. If good cause is not shown at the hearing for the
abatement and removal of the sign, all funds paid by the owner or agent in
relation to the sign that the City abated and removed, and any additional
administrative fees shall be waived, and the owner or his agent shall have
fifteen (15) days to retrieve his sign.
C. Disposition.
Any sign not timey retrieved by its owner or the owner's agent in
accordance with Subparagraph D.2.a. above shall be deemed to be
permanently abandoned and may be destroyed or otherwise disposed of
by the City.
93.20.12 Street Banner Program.
A. The City's street banner program is reserved for the City's use to promote
its own messages and those events which are sponsored or co-sponsored by the
City.
B. Notwithstanding any other provision of the Sign Ordinance, the City
Manager, or the City Council upon appeal, as provided in this Subsection, may
authorize the temporary placement of banner signs on poles or structures within
the public right-of-way on City property where those banners display the name
and/or date of an event and/or activity sponsored entirely by the City or co-
sponsored by the City that calls attention to the City, its natural advantages,
resources, enterprises, attractions, climate, facilities, businesses, and
community. Any events for which banners are authorized under this Subsection
shall be of limited duration.
C. Any banners authorized by this Subsection shall be for a limited duration
and should call attention to the City, its natural advantages, resources,
enterprises, attractions, climate, facilities, businesses, and community. Nothing
herein shall relieve any person from obtaining any other necessary permit or
license for an event or activity.
D. No person shall place, cause to be placed, or maintain a banner sign on
any City pole or structure in the public right-of-way or on City property except as
authorized in this Subsection.
E. The City Manager shall designate those City poles or other structures at
streets, highways, alleys, other public rights-of-way, and those City properties on
which banner signs as authorized herein may be placed. The message on the
banners shall be considered government speech, and the designation or the
placement of the banners is not intended to create, nor shall it create, a public
forum.
73.
Page 31
F. The City Manager may authorize a banner or banners for an event and/or
activity sponsored entirely by the City or co-sponsored by the City, subject to the
following conditions:
1. Except as set forth herein, the banner(s) may be placed for a period of
up to sixty (60) days and the City or applicant shall then cause the
banner(s) to be removed at the City or applicant's expense, as applicable,
based on who placed the banner, subject to replacing of the banner at the
same or different location at a later date;
2. The banner(s) should promote an event and/or activity sponsored
entirely by the City or co-sponsored by the City, occurring within the City,
calling attention to the City, its natural advantages, resources, enterprises,
attractions, climate, facilities, businesses, and community;
3. The banner(s) may contain the name and date of the event, if any;
4. The banner(s) shall be secured tightly to the structures on which they
are authorized to be attached; and
5. For non-City applicants that are co-sponsors with the City, the applicant
must agree to defend, indemnify, and hold harmless the City from any
damages arising from the banners in a form acceptable to the City
Attorney.
G. No banner shall be authorized unless the City Manager, or City Council on
appeal, finds that the banners are so designated as not to block views significant
for traffic or do not otherwise present a safety hazard.
H. Notwithstanding any other provision of this section, the City Manager is
authorized to develop and implement a military banner Sign Program, which may
include, without limitation, application forms and administrative guidelines for the
placement of banners honoring the City's military personnel. Notwithstanding any
other time limitations set forth in this Subsection, any military banner sign placed
on City property consistent with the military banner program and any
administrative guidelines governing the program, may be in place for a period not
to exceed twelve (12) months, after which, the banner shall be removed, subject
to replacing of the banner at the same or different location at a later date.
93.20.12 Violations and Enforcement.
A. Any person who violates a provision of this Sign Ordinance is subject to criminal
sanctions and administrative penalties pursuant to Chapters 1.01 and 1.06 of this
Code and the specific penalties as provided in this Chapter.
B. Remedies under this Sign Ordinance are cumulative and not exclusive. They are
in addition to and do not supersede or limit other administrative, civil, and/or
Page 32 74
criminal remedies provided under state or federal law, in equity, or pursuant to
other provisions of the Palm Springs Municipal Code. The City may seek an
order for the award of attorney's fees in any civil enforcement action related to
enforcement of this Sign Ordinance.
SECTION 2. Amend Section 12.28.050 of the Palm Springs Municipal Code (PSMC) to
read:
12.28.050 Parking For Certain Purposes Prohibited.
No person shall park a vehicle upon any roadway for the principal purpose of washing,
waxing, wiping, greasing, or repairing such vehicle except repairs necessitated by an
emergency.
SECTION 3. Amend Section 14.16.010 of the Palm Springs Municipal Code to amend
the definition of"Director":
"Director" means the Public Works Director of the City or the City Manager's
designee.
SECTION 4. Amend Section 91.00.10 of the Palm Springs Municipal Code to amend
the definition of"Director":
"Director" means the Director of the Department of Planning Services of the City
of Palm Springs or the City Manager's designee.
SECTION 5. Section 12.12.055 of the Palm Springs Municipal Code, prohibiting sitting
and lying on downtown public sidewalks, is repealed.
SECTION 6. Neither introduction nor adoption of this Ordinance represents a "project"
for purposes of the California Environmental Quality Act (CEQA), as that term is defined
by CEQA guidelines (Guidelines) section 15378, because this Ordinance is an
organizational or administrative activity that will not result in a direct or indirect physical
change in the environment, per section 15378(b)(5) of the Guidelines.
SECTION 7. The adoption of this Interim Urgency Ordinance is necessary for the
immediate protection of the public peace, health, and safety by ensuring the timely and
orderly consideration, adoption, and implementation of sign regulations compliant with
the constitutional guidelines of the Supreme Court, and reasonably preserving an
orderly and balanced transition to the effective date of the City's new comprehensive
sign ordinance, which is equivalent in content to this interim urgency ordinance and is
introduced on even date herewith. The City's failure to adopt this interim urgency
ordinance would adversely affect public property, and rights of way, impair businesses
in the City, and endanger the traveling public. In accordance with Section 312 of the
Palm Springs City Charter, the City Council of the City of Palm Springs finds and
Page 33 75
determines that the adoption of this Interim Urgency Ordinance is necessary to ensure
the immediate protection of the public peace, health, and safety.
SECTION 8. The City Council hereby declares, on the basis of the findings set forth in
the true and correct Recitals above, incorporated by this reference herein, and in
Section 6 above, that an urgency ordinance is warranted and that this Interim Urgency
Ordinance is necessary to preserve the public peace, health and safety. Accordingly,
this Interim Urgency Ordinance is adopted as such, and shall take effect and be in force
immediately upon its adoption. This Interim Urgency Ordinance shall expire on January
31, 2018 unless otherwise extended by action of the City Council prior to such date, or
superseded by the City's new comprehensive sign ordinance, identical in content and
introduced on even date herewith.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS DAY OF 2017.
ATTEST: ROBERT MOON, MAYOR
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby
certify that Ordinance No. is a full, true and correct copy, and adopted at a
regular meeting of the City Council held on the day of , 2017, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
Page 34 76
ATTACHMENT C
Attachment C
Portable Sign Design Criteria
November 2017
Portable signs, where allowed pursuant to PSZC Section 93.23.06, shall be subject to
the following design standards:
1. Frame: The sign frame shall be black in color (powdercoat), and shall be similar
in make and model as provided in the graphic below. Substitutions may be made
upon approval by the Director of Planning Services, provided the dimensions,
construction, and form of the frame are similar to the specified model. The frame
may have built-in wheels, but are not required.
2. Panel Dimensions: The changeable portable sign panel shall not be less than
20"W x 30"H, and shall not exceed 24"W x 36"H.
3. Panel Color/Printing: Sign panels must be professionally printed. The panel shall
have a solid color background or a solid white background. No changeable letters,
chalkboards, or hand-written copy shall be permitted. The sign panel may be two-
sided.
4. Attachments: No balloons, flags, lights, or similar attachments shall be permitted.
5. Conformance to Section 93.23.06: The portable sign shall be subject to all other
requirements listed in PSZC Section 93.23.06, including the locational
requirements, insurance/indemnity requirements, and permit requirements.
�r II
2401
Wheals
VALET PASSENGER Built-in
36" PARKING DROP-OFF
DROP-OFF AND
3i00 PM_11.00 PM PICK-UP
15 November 2017 78
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262 RECEIVED
760-778-4578/Fax 760-778-4731 f I f OF PALM S P R I id ,
State Of California ss: 21H NOY 13 PM 2= 17
County of Riverside
OFFICE OF THE Cl i Y CLEF
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0002515701
1 am over the age of 18 years old, a citizen of
the United States and not a party to, or have ' `
interest in this matter. I hereby certify that the
attached advertisement appeared in said NOTICE OF PUBLIC HEARING
newspaper(set in type not smaller than non CITY COUNCIL
pariel)in each and entire issue of said CITY OF PALM SPRINGS
newspaper and not in any supplement thereof A PERMANENT ORDINANCE AND INTERIM URGENCY ORDINANCE AMENDING THE CITY'S SIGN ORDINANCE AND
on the following dates,to wit: REPEALING THE"SIT AND LIE-ORDINANCE,AMENDING SECTION 12.28.050,14.16.010,91.00.10,AND 93.20.01
THROUGH 93.20.11,AND REPEALING SECTION 12.12.055,
Newspaper: The Desert Sun PALM SPRINGS MUNICIPAL CODE
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,California,will hold a public hearing at
11/4/2017 its meeting of November 15,2017,The City Council meeting begins at 6:00 p.m.,in the Council Chamber at City Hall,
3200 East Tahquitz Canyon Way,Palm.Springs.
The purpose of this hearing Is to consider amendments to the City's sign ordinance.The amendments are intended to
provide standards based on time,place and manner considerations and to minimize standards based on the content
I acknowledge that I am a principal clerk of the of signs.In addition,the proposed ordinances would allow portable signs to be maintained on public sidewalks within
printer of The Desert Sun, printed and commercial areas of the City,subject to design and locational requirements.it is also proposed to repeal the City's"Sit
and Lie"ordlnanceidue to conflicts with the proposed sign amendments.
published weekly in the City of Palm Springs,
County of Riverside, State of California.The ENVIRONMENTAL DETERMINATION:The proposed ordinances are exempt from environmental review requirements
of the California Environmental Quality Act("CEON')pursuant to Section 15061(b)(3) of Title 14 of the California
Desert Sun was adjudicated a Newspaper of Code of Regulations,as there is no possibllitythat the adoption of the ordinance will have a significant effect on the
general circulation on March 24, 1988 by the environment.
Superior Court of the County of Riverside, REVIEW OF INFORMATION:The proposed ordinances and related documents are available for public review at City
State of California Case No. 191236. Hall between the hours of 8:00 a.m.and 6:00 p.m.,Monday through Thursday.Please contact the Dffice of the City
Clerk at(760)323-8204 if you would like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION:Response to this notice may be made verbally at the Public Hearing and/or In
writing before the hearing.Written comments may be made to the City Council by email at cityclerk@i)almsp_ringsca.
gov,or letter(for mail or hand delivery)to:
I declare under penalty of perjury that
foregoing is true",
rue and' correct: Executes Kathleen D.Hart,MMC,Interim City Clerk
3200 E.Tahquitz Canyon Way
this 4th dad'of NIEMBER, 2017 in Palm Springs,CA 92262
Springs,C (ifomia. Any challenge of the proposed in court may be limited to raising only those issues raised at the public.hearing
described in this notice,or in written correspondence delivered to the City Clerk at,or prior to,the public hearing.
(Government Code Section 65009(b)(2)).
An opportunity hill be given at said hearing for alfinterested persons to be heard.Questions regarding this case may,
be directed to Edward Kolkin,City Attorney,at(760)323-8205.
Si necesita ayuda con esta carta,porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Felipe Primera
telefono(760)323-8253.
D@Clara Kathleen D.Hart,MMC
Interim City Clerk
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
P
7111C1�,•
Date: November 15, 2017
Subject: Permanent and Interim Urgency Sign Ordinances
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California,
do hereby certify that a copy of the attached Notice of Public Hearing was published in the
Desert Sun on November 4, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A.T3erardi, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Cynthia A. Berardi, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California,
do hereby certify that a copy of the attached Notice of Public Hearing was posted at City
Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the
Office of the City Clerk on November 2, 2017.
I declare under natty of perjury that the foregoing is true and correct.
Cynthia A. erardi, CMC
Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Cynthia A. Berardi, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California,
do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each
and every person on the attached list on November 2, 2017, in a sealed envelope, with
postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California.
(10 notices)
I declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. Berardi, CMC
Chief Deputy City Clerk
79
t MR PETE MORUZZI
it T i
PALM SPRINGS MODERN COMMITTEE
5 P.O. BOX 4738
PALM SPRINGS, CA 92263-4738
CITY OF PALM SPRINGS
PLANNING SERVICES DEPARTMENT
ATTN SECRETARY/Sign Ordinance
PO BOX 2743
PALM SPRINGS, CA 92263-2743
MRS PATRICIA GARCIA-PLOTKIN,
MS MARGARET PARK, DIRECTOR DIRECTOR
"�' � � = [, AGUA CALIENTE BAND OF CAHUILLA TRIBAL HISTORIC PRESERVATION OFFICE
7
w+z" , �� INDIANS AGUA CALIENTE BAND OF CAHUILLA
PLANNING&DEVELOPMENT DEPT. INDIANS
5401 DINAH SHORE DRIVE 5401 DINAH SHORE DRIVE
PALM SPRINGS, CA 92264 PALM SPRINGS,CA 92264
ti MR FRANK TYSEN MR JOSEPH ONTIVEROS
* CASA CODY INN SOBOBA BAND OF LUISENO INDIANS
'# CULTURAL RESOURCES MANAGER
175 S.CAHUILLA ROAD
PALM SPRINGS, CA 92262 P.O. BOX 487
SAN JACINTO, CA 92581
nno nnlruAcl nnlon
MR RAYMOND HUAUTE (III TI IOAI ocenl I F7 rr�nonlnlnTno MR DOUG TODD WELMAS
CULTURAL RESOURCE SPECIALIST TORRES MARTINEZ DESERT GAHI III I n TRIBAL CHAIRMAN
MORONGO BAND OF MISSION INDIANS CABAZON BAND OF MISSION INDIANS
12700 PUMARRA ROAD — INDIANS 84-245 INDIO SPRINGS PARKWAY
BANNING, CA 92220 A 000�n (As of 05/08/17) INDIO, CA 92203
THERMAL,
MS JACQUELYN BARNUM MR DARRELL MIKE,TRIBAL CHAIRMAN
ENVIRONMENTAL DIRECTOR TWENTY-NINE PALMS BAND OF
CABAZON BAND OF MISSION INDIANS MISSION INDIANS
84-245 INDIO SPRINGS DRIVE 46-200 HARRISON PLACE
INDIO, CA 92201 COACHELLA, CA 92236
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
A PERMANENT ORDINANCE AND INTERIM URGENCY ORDINANCE AMENDING
THE CITY'S SIGN ORDINANCE AND REPEALING THE "SIT AND LIE" ORDINANCE,
AMENDING SECTION 12.28.050, 14.16.010, 91.00.10, AND 93.20.01 THROUGH
93.20.11, AND REPEALING SECTION 12.12.055,
PALM SPRINGS MUNICIPAL CODE
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a
public hearing at its meeting of November 15, 2017. The City Council meeting begins at 6:00 p.m., in
the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider amendments to the City's sign ordinance. The
amendments are intended to provide standards based on time, place and manner considerations and
to minimize standards based on the content of signs. In addition, the proposed ordinances would
allow portable signs to be maintained on public sidewalks within commercial areas of the City, subject
to design and locational requirements. It is also proposed to repeal the City's "Sit and Lie" ordinance
due to conflicts with the proposed sign amendments.
ENVIRONMENTAL DETERMINATION: The proposed ordinances are exempt from environmental
review requirements of the California Environmental Quality Act ("CEQA") pursuant to Section
15061(b)(3) of Title 14 of the California Code of Regulations, as there is no possibility that the
adoption of the ordinance will have a significant effect on the environment.
REVIEW OF INFORMATION: The proposed ordinances and related documents are available for
public review at City Hall between the hours of 8:00 a.m. and 6:00 p.m., Monday through Thursday.
Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an
appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public
Hearing and/or in writing before the hearing. Written comments may be made to the City Council by
email at cityclerkapalmspringsca.gov, or letter (for mail or hand delivery) to:
Kathleen D. Hart, MMC, Interim City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed in court may be limited to raising only those issues raised at the public
hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to,
the public hearing. (Government Code Section 65009(b)(2)).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Edward Kotkin, City Attorney, at (760) 323-8205.
Si necesita ayuda con esta carta, porfavor [lame a la Ciudad de Palm Springs y puede hablar con
Felipe Primera telefono (760) 323-8253.
Kathleen D. Hart, MMC
Interim City Clerk 80
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
y
Date: November 30, 2017
Subject: Ordinance 1942
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice was published in the Desert Sun on
November 29, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthiav A. erar i, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Cynthia A. Berardi, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on or before November 29, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. Berardi, CMC
Chief Deputy City Clerk
The Desert Sun
750 N Gene Autry Trail Certificate of Publication C_ r J
:It,C 1I
Palm Springs,CA 92262
760-778-4578/Fax 760-7784731
State Of California ss: RIII DEC _4 pit 9 39
County of Riverside
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0002567334
1 am over the age of 18 years old, a citizen of
the United States and not a party to,or have
interest in this matter. I hereby certify that the
attached advertisement appeared in said
newspaper(set in type not smaller than non
pariel)in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates,to wit:
Newspaper: The Desert Sun
11/2 9/2 017 .ORDINANCE No.1942
ULIFp NRq AMENDING ANDN RESTATING THEE CITY'S SIGNAORDINANCE,
SECTIONS 93.20.01 THROUGH 9R PEALING THE Ociri-ST'SIT AND UIONS E1 I
O4DI010, AND SECTION
10, AND PALM SPRINGS MUNICIPAL CODE
I acknowledge that I am a principal clerk of the ORDINANCE, SECTION 12.12.055,
g p p (al5ths VOTE REQUIRED). City Attorney Summary
printer of The Desert Sun, printed and 4ds ordinance amends provisions of the Cis are m,'ay rK
published week) In the City of Palm Springs, narrowly tailored standards eased on hme, nd on of this
P Y tYn a^1 em D�srytys m amid ue Ordinsrric�e Absent the ad°I'
County of Riverside, State of California.The interim urgency ordinance,.the C, Will revert to cegtdatron punuaM �m
Desert Sun was adjudicated a Newspaper of CHys somewhat contentdnven Sgn Ordinance,shoe the last ad bar I%
urgenty ordinance fa content- euVal sign regulattan Ive im
general circulation on March 24, 1988 by the 2017 TI hls interim urgency.ordinance would be affect)a im"edlatelY r'p°f
adopt CERTIFICATION
Superior Court of the County of Riverside, STATE OF CALIFORNIA
State of California Case No. 191236. COUNTY OF RIVERSIDE i ss.
CITY OF PALM SPRINGS)
I,KATHLEEN D.HART. Interim City Clerk of the City of Rahn Sd hereby
ggss� �� 1 ,
ceryfy that Ordinance No..1942 e a full,true and cortact copy and edoPtea
regular meetIng of the City Council held on the iSTH day of November,2017,
by the followrrg vote:
AYES: Coundlmember Korn, Roberts, Mayor Pro TernFoat, and Mayor
I declare under penalty of perjury that the
Moon
foregoing is true and correct. Executed on NOES: Counmmember Mills
9 9 ABSENT: None
ABSTAIN: None
this 29th day of NOVEMBER, 2017 in Palm RECUSED: None
Springs, Califo KATHLEEN D.HART,MMC
INTERIM CITY CLERK
PSIbNslled:11129l2017
Declarant