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HomeMy WebLinkAboutOrd 106 ORDINANCE NO. 106 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY ADOPTING A COMPREHENSIVE REVISION OF DIVISION C OF ARTICLE V OF THE CATHEDRAL CITY ZONING ORDINANCE RELATING TO SIGNS. The city council of the City of Cathedral City does ordain as follows : SECTION 1 . Division C of Article V of the Cathedral City Zoning Ordinance hereby is amended to read as follows : Division C. Signs Section 1. Purpose and Definitions a. Intent and Purpose Among the purposes of this division is to implement the goals and policies of the General Plan, by pre- serving and enhancing the visual aspects of the city ' s streets and highways . This division is also intended to provide for a more orderly presentation of advertising displays and identification of prop- erties within the city which are zoned commercial , industrial , and residential ; and to further bring those devices in harmony with the building, the neighborhood, and other signs in the area by reg- ulating and controlling the location, design, quality of materials , illumination, and maintenance of signs and sign structures . The number , area and height of allowed signs as outlined in this division are intended to be maxi- mum standards which do not necessarily ensure ar- chitectural compatibility. Therefore , in addition to the enumerated standards , consideration shall also be given to the proposed sign ' s relationship to the overall appearance of the subject property as well as the neighborhood and community goals . Compatible design, simplicity and sign effective- ness are to be used as guidelines for sign approval regardless of the maximum height , area and number of signs allowed by this Division. Whenever the application of this Ordinance is un- certain due to ambiguity of its provisions , the question shall be referred to the Planning Commis- sion for determination. The Planning Commission shall then authorize signing which best fulfills the intent of this Ordinance . 000664 Special advertising devices , when special permits therefor have been issued by the City Council pur- suant to Chapter 5. 64 of the Cathedral City Municipal Code , are excepted from the regulations in this division. b . Definitions The following words and phrases shall apply in this division : ( 1 ) "Advertising device" means any balloon, flag, pennant , propeller ; oscillating, rotating, pulsating, light ; or other contrivance used to attract attention for the purpose of promoting (either directly or indirectly) , the sale of any products , merchandise or service . ( 2) "Advertising display" means any device , con- trivance , statue or structure other than a sign used as a display, regardless of size and shape , for the purposes of attracting atten- tion or making anything known, the origin or place of sale of which is on the property with such advertising display. ( 3) The "Area of a Sign" shall be within a single continuous perimeter of not more than eight straight lines enclosing the extreme limits of writing, representation, emblem, or any figure of similar character , together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. In the case of a sign designed with more than one exterior surface , the area shall be computed as including only the maximum sin- gle display surface which is visible from any ground position at one time. The supports , uprights , or structure on which any such sign is supported shall not be included in deter- mining the sign area unless such supports , uprights , or structures are designed in such a manner as to form an integral background of the display. (4) "Attached sign" means any sign which is sup- ported primarily by a building or structure, other than by a sign structure which is sup- ported wholly by the ground ; any roof sign, as defined herein, shall be considered an at- tached sign. ( 5) In addition to its common meaning, a "build- ing" includes any structure requiring a build- ing permit . - 2 - 000665 ( 6) "Business sign" means a sign displaying infor- mation pertaining to goods or services offered or produced by the business located on the property, but not including advertising devices or advertising displays . 1: ( 7) "Combination sign" means any sign incorporat- ing any combination of the features of free- standing, projecting and roof signs . ( 8) "Construction sign" means a temporary sign stating the names of those individuals or firms directly connected with the construction or development project , their addresses and their telephone numbers . ( 9) "Development sign" means a sign listing the architect , landscape architect , engineer , con- tractor or other person or firm participating in the development or construction or financ- ing of the project on the premises on which the sign is located. ( 10) "Externally lighted sign" means a sign whose immediate source of illumination is not en- closed by the surface of the sign structure . ( 11) The "Face or wall of a building" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts . ( 12) "Flashing, Animated or Scintillating Sign" means a sign that intermittently reflects lights from either an artificial source or from the sun ; or has any illumination which is not maintained constant in intensity, color or pattern during all times the sign is illumi- nated ; excepting time and temperature signs . ( 13) "Freestanding sign" means a sign supported by uprights or braces placed upon or into the ground and detached from any building. ( 14) "Freeway oriented sign" is limited to freeway oriented uses as defined herein and that are located as follows : north and south of the intersection of Interstate 10 and within 1000 feet of Date Palm Drive . ( 15) "Freeway oriented uses" means any facility or group of facilities which as their primary purpose cater to the nonresident , traveling public on Interstate 10 Freeway. Such uses ,: shall be limited to motels , hotels , res- taurants and service stations . 3 000666 ( 16) "Frontage" means the length of a site along a street or other principal public thoroughfare , but not including such length along an alley or railroad. ( 17) "Height of a sign" means the greatest vertical distance from the upper-most point used in _: measuring the area of a sign to the elevation of the nearest curb. (18) "Identification sign" means a sign limited to the identifying name, symbol or insignia, or any combination thereof, of a building, use, or persons occupying the premises on which the sign is located. ( 19) "Internally lighted sign" means a sign with an immediate source of illumination that is com- pletely enclosed by the surface of the sign structure . (20) "Nameplate" means a sign not exceeding one foot by three feet signifying only the name of the occupant and his occupation or specialty. ( 21) "Noncommercial Mural" means a graphic il- lustration or presentation, other than a sign of any type , that is painted or otherwise ap- plied to an outside wall , facade, or surface of a building or structure , the primary pur- pose of which illustration or presentation is artistic, ideological , historical , or ethnic expression. (22) "Off-site directional sign" means a structure of any kind or character erected or maintained for advertising purposes of business activity or service not available on the premises upon which the sign is placed ; excepting a politi- cal sign and off-site tract sign. ( 23) "Outdoor advertising structure or billboard" means a sign placed for the purpose of adver- tising products or services that are not pro- duced, stored, or sold on the property upon which the sign is located. (24) "Political sign" means any sign concerning candidates for political office or involving a ballot issue . ( 25) "Price sign" means a sign limited to the name or identification of items or products offered for sale on the premises , and the price of the items or products . - 4 - 000667 (26) "Projecting sign" means a sign other than a wall sign suspended from or supported by a building or structure and projecting outward therefrom. ( 27) "Real estate sign" means a temporary sign ad- vertising the sale, lease , or rent of the property upon which it is located, and the identification of the person or firm handling such sale, lease , or rent . (28) "Roof line" means the upper edge of any build- ing wall or parapet exclusive of any sign tower for any flat roof structure , or a line halfway between the eave line and the ridge line of the roof , exclusive of any sign tower , for any gable-roof structure . (29) "Roof sign" means a sign affixed on, above , or over the roof of any building, or any sign affixed to the wall or a building so that it projects above the eave line of a roof. The top of a parapet wall shall be considered the eave line. The lowest point of a mansard style roof shall be considered the eave line . Where a parapet wall is combined with a man- sard roof , the eave line shall be the top of the parapet . (30) "Shopping center " means a group of at least three businesses which function as an integral unit on a single or separate parcel . (31) "Shopping center sign" means a sign advertis- ing a shopping center as such ; this sign may also contain a list of individual shops. For purpose of these regulations , a "shopping cen- ter sign" shall not be considered a detached sign. (32) "Sign" means anything of visual appearance primarily used for , or having the effect of , attracting attention from the streets , side- walks or other outside public areas for iden- tification purposes . A sign shall not mean displays of merchandise or products for sale on the premises , or signs inside buildings except when less than three feet behind a win- dow and facing public view, or ornamentation, design, statuary, architecture , landscaping, pictures , paintings or other such art forms unless , in the case of any exceptions listed in this division, the attraction, because of location, size , use or the nature thereof, has the substantial effect of attracting attention for identification purposes when viewed from - 5 - 000668 an outside public area. The basic intent be- hind this definition is not to discourage product displays , design or art forms epito- mizing simplicity, good taste and compatibili- ty with the conmunity ' s desired image. ( 33) "Sign face" means the surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered as such together with the frame and the background . (34) "Temporary sign" means and includes any sign, banner , pennant , valance or advertising dis- play constructed of cloth, canvas , light fabric, cardboard, wallboard, or other like materials with or without frames intended to be displayed for a short period of time only. ( 35) "Tract sign" means a temporary sign, either appurtenant or nonappurtenant , advertising the original sale of property in a subdivision. A tract shall be defined as any Planning Commis- sion approved tentative map including any con- tiguous area. Tentative maps using the same name with contiguity shall be considered a single tract for purposes of computing sign area and number . (36) A "vehicle-related portable freestanding sign" means a portable sign affixed to a vehicle for the purpose of directing people to a business in close proximity to where the vehicle is parked . (37) "Wall sign" means a sign attached to or erec- ted on the exterior wall of the building or structure or on a canopy marquee or similar overhang with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall and not extending above the eave line . The top of a parapet wall shall be considered the eave line . The lowest part of a mansard-style roof shall be considered the eave line . Where a parapet wall is combined with a mansard roof , the eave line shall be the top of the parapet . - 6 - 000669 Section 2 . Permits a. Sign Permit Procedure It is unlawful for any person to erect , alter , or to permit the erection or alteration of a sign, including painted signs , unless otherwise excepted by this division, upon any property without first obtaining a written sign permit from the Director of Community Development . Application for such permit shall be made on a form provided by the Com- munity Development Department and shall be accompa- nied by a fee as established by council resolution. The application shall set forth and contain the following information and material : Three copies of a plan showing the following : ( 1) The location and size of any building or structures on the property, in the control of the applicant , both existing and proposed ; (2) The location of off-street parking facilities , including major points of entry and exit for motor vehicles where directional signs may be proposed ; ( 3) The position of the proposed sign and its relation to adjacent buildings and structures under the control of the applicant ; (4) The design and size, colors proposed, and pro- posed location of the sign or sign structure on the property, under the control of the applicant ; ( 5) The method of attachment to any structure ; ( 6) A statement showing sizes and dimensions of all other signs existing on the property, under the control of the applicant ; ( 7) A statement showing the size and color relationships of such sign or sign structure to the appearance and design of existing or proposed buildings and structures on the prop- erty ; and ( 8) Such other information as the Community Development Department may reasonably require to secure compliance with this Division and the ordinances of the City. - 7 - 000670 b. Adjustments The Director of Community Development for either new or existing signs may grant slight adjustments to sign colors or authorize deviations from sign I: area or distance between signs not to exceed twenty percent , when it is determined that no other pos- sible, reasonable method of signs is available. c . Sign integration requirement Signs on all proposed buildings or new additions to existing buildings shall be designed as an integral part of the total building design. d. Double permit fee The applicable fee for a sign permit shall be doubled when the installation of a sign is com- menced before obtaining a permit therefor . e. Special permits for noncommercial murals Application ; Issuance , Fees , Conditions for Is- suance. Except as otherwise provided herein, it is unlawful for any person to erect , place , paint , alter the structure of , or relocate a noncommercial mural without first obtaining a permit to do so from the Department of Community Development after approval of the Planning Commission. ( 1 ) Application. Application for a noncommercial mural shall be made upon a form provided by the City, and shall be accompanied by a finished drawing prepared to scale of the out- side wall , facade , or surface that the appli - cant proposes to use for the noncommercial mural , and of the noncommercial mural that the applicant proposes to place on the outside wall , facade , or surface . The noncommercial mural shall be colored on the drawing, using the colors that the applicant proposes to use for the noncommercial mural and shall be of 1: sufficient detail to allow for a visualization of the actual appearance of the noncommercial mural . The drawings shall be available for viewing by the public during the regular busi - ness hours at the office of the Community Development Department of the City of Cathe- dral City. The permit application shall in- clude a statement as to the type of lighting, if any, that will be used to illuminate the noncommercial mural during daylight hours or darkness . The application shall show that - 8 - 000671 only one wall , facade , or surface of a build- ing or structure is to be used for a noncom- mercial mural . The owner , and all tenants of the building, structure , or real property upon which the noncommercial mural is to be placed shall consent , in writing, on the application I: to the placement of the proposed noncommercial mural on the building structure or real prop- erty. The applicant shall further agree to restore the wall , facade , or surface upon which the noncommercial mural is placed to its prior existing condition if and at such time the noncommercial mural is not maintained by the applicant , or removed. The permit ap- plication shall also include a statement detailing the applicant ' s and/or the owner ' s plans for the maintenance of the noncommercial mural . ( 2) Permit Issuance . The Department of Community Development shall issue a permit for the erec- tion, placement , alteration, or relocation of a noncommercial mural within the City of Cathedral City provided the following criteria are satisfied and approval by the Planning Commission has been obtained : (a) application therefor has been properly made ; (b) the fee for such permit has been paid ; (c) the placing of a proposed noncommercial mural at the location selected by the applicant would not constitute a traffic safety hazard ; (d) neither the noncommercial mural , nor the placement of the noncommercial mural would be injurious to the use and enjoy- ment of other property in the immediate vicinity of the proposed location ; (e) neither the noncommercial mural , nor the placement of the noncommercial mural would otherwise be prohibited by law; ( f) the proposed noncommercial mural does not exceed 200 square feet in area, or does not exceed forty percent (40%) of the background facing of the building upon which a noncommercial mural is to be - 9 - 000672 placed, whichever is less . The noncom- mercial mural shall not project signifi- cantly beyond the face of the wall , fa- cade , or surface of the building upon which it is placed. 1: ( 3) Fees . Fees for the noncommercial mural permit shall be fixed from time to time by City Coun- cil resolution. (4) Proceedings of the Planning Commission in reviewing noncommercial mural applications shall be by way of a duly advertised public hearing. ( 5) The Planning Commission 's authority shall be final unless appealed by any affected person or entity to the City Council and overruled, within ten ( 10) days from the date of the Planning Commission ' s decision. The City Council shall consider the same criteria (2a- f) above. f. Exceptions to sign permit procedures The following signs , if not illuminated shall be allowed on all commercial , industrial , and residen- tial zoned property without a sign permit being required : ( 1) One identification sign not exceeding one square foot in area, and displaying only the name and address of the owner or occupant . (2) Directional or safety signs as required, pro- vided that : (a) Each such sign has first been reviewed and approved by the Director of Community Development ; and (b) Such signs do not exceed three square feet per face . 1: ( 3) Religious , charitable, educational , or cul- tural posters not exceeding sixteen square feet in area, and temporary in nature (4) Governmental or other legally required post- ers , notices , or signs . ( 5) Utility or telephone pay stations signs . - 10 - 000673 Section 3. Prohibitions and Abatement a. Prohibited signs The following signs are prohibited in the City : I: ( 1 ) Signs which rotate , move , flash, reflect , blink, or appear to do any of the foregoing, including searchlights , shall be prohibited unless required by law or utilized by a proper governmental agency, with the exception of approved time and temperature displays ; (2) Signs on public property, in or projecting over or into the public right-of-way, or on public utility poles shall be prohibited un- less otherwise authorized by this division. Signs prohibited shall include , but not be limited to, realtor , open house, and garage sales signs . This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle iden- tification signs ; (3) Any permanent sign which does not advertise a use being made on the premises , name of the owner or user , or which does not advertise a product , an interest , service, or entertain- ment available on the premises shall be prohibited ; (4) Temporary or portable freestanding signs are prohibited except as otherwise provided in this division ; ( 5) Advertising devices ; ( 6) Advertising displays outside of buildings ; ( 7) Combination signs ; and ( 8) Roof signs . ( 9) Signs on Doors , Windows , or Fire Escapes No sign shall be installed, relocated, or I: maintained so as to prevent free ingress to or egress from any door , window or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape, except those signs as required by other codes or ordinances. - 11 - 000674 (10) Temporary Advertising Vehicles No vehicle or trailer shall be placed or parked so as to be visible from a public right-of-way, which has attached thereto or I: located thereon any sign or advertising device for the basic purpose of providing advertise- ment of products or directing people to a business or activity located on the same or nearby property. This section is not intended to apply to standard advertising or iden- tification practices where such signs or ad- vertising devices are painted on or permanent- ly attached to a business or commercial vehi - cle, the primary purpose of which is the transporting of people and goods on the public rights-of-way. b. Abatement of illegal signs The City Manager (or his designee) shall have the power to see that this division is enforced and to abate any sign within the City which fails to meet the requirements of this division or other ap- plicable law. The City Manager , or his authorized representative, may cause the removal of any sign for which a sign permit has not been obtained as required by this division. Section 4. Permitted Signs a. No signs shall be erected or maintained in any zone as established by the zoning ordinance except those signs specifically enumerated in this division. b . Location of signs , structural safety and maintenance Permitted signs may be erected upon posts , poles , buildings or structures subject to compliance with the following provisions : I: (1 ) Location/ownership. All signs , not expressly authorized by this division to be located off- premises shall be erected upon the premises occupied by the person or business sought to be identified or advertised by such signs . ( 2) Compliance with codes . The location of each sign shall be in compliance with the building, electrical and fire prevention codes of the City as they now or may hereafter exist or as amended. - 12 - 000675 (3) Signs which are existing legal nonconforming uses projecting over public right-of-way on Palm Canyon Drive between Date Palm Drive and Cathedral Canyon Drive may continue to so en- croach if they are attached to a building lo- cated on or within six feet of a property line . No such projecting sign shall extend closer than two feet of a curb line , and al- lowance for safety clearance of at least eight feet vertically shall be provided. No sign or sign structure shall project into any driveway or public alley below a height of fifteen feet . (4) No sign provided for in this division shall be erected, maintained, used, displayed or per- mitted when any of the following provisions are applicable : (a) When the location of any sign is such as to unreasonably interfere with traffic visibility; (b) Excepting time and temperature signs , when the total surface area is illumi- nated at a rate of motion more than thir- ty times per minute ; (c) Flashing or animated signs shall be pro- hibited in all zones ; (d) No person shall place , maintain, or dis- play upon, or in view of, any street or highway any unofficial sign, signal , or device , or any sign, signal , or device which purports to be or is an imitation of, or resembles , an official traffic control device or which attempts to di- rect the movement of traffic or which hides from view any official traffic con- trol device. (e) If within the public right-of-way of any street , alley or highway (except as set forth in (3) above) ; or ( f) When reflector or floodlights are permit- ted, such illumination shall be directed at the sign, so as to prevent glare upon the street or adjacent properties . It is unlawful to illuminate any sign by flood- light or spotlight when any portion of such illumination may be detrimental to adjacent properties . - 13 - 000676 c. Structural safety, maintenance , identification, illumination, motion ( 1) Every sign and noncommercial murals and all parts , portions , units and material comprising the same, together with the frame, background , supports or anchorage therefor , shall be man- ufactured, fabricated, assembled, constructed and erected in compliance with the building, electrical and fire prevention codes of the city as they now exist or may hereafter be amended, or as they may hereafter exist . (2) Every sign and noncommercial murals and all parts , portions , units and materials compris- ing the same , together with the frame , back- ground , supports or anchorage therefor , shall be maintained in proper repair and state of preservation. The display surface of all signs shall be kept neatly painted and/or posted. ( 3) Every sign and noncommercial murals erected, altered or relocated shall have recorded thereon in a conspicuous place in order to be readily visible, the date of erection, alter- ation or relocation, the permit number and the voltage of any electrical apparatus used in connection therewith. Every sign which is internally illuminated and which incorporates the use of electrical apparatus or equipment within shall have posted an Underwriter 's Laboratory approval stamp in a conspicuous place . (4) No illuminated signs or noncommercial murals shall be located less than fifty feet from a single family residential zone . ( 5) The supporting members of a sign shall appear to be free of any extra bracing, angle iron, guy wires , cables , et cetera. The support shall appear to be an architectural and inte- gral part of the building. ( 6) If the desired sign is more than twelve feet q from the grade to the bottom of the sign, or is more than one hundred square feet in one single face , it shall be engineered by a li - censed engineer and require his seal . - 14 - 000677 d. Sign Schedules Signs shall be permitted in the various zone dis- tricts according to the schedules at the end of this division, for : I: ( 1) Residential Zones (2) Commercial and Industrial Zones e. Off-site residential subdivision signs Off-site directional signs consisting of panels listing the names of residential tracts or develop- ments where the original sale of new homes is being conducted shall be permitted within public rights- of-way, provided they conform with design criteria promulgated by the Planning Commission and on file with the Department of Community Development and subject to the following standards , limitations and restrictions : (1) An encroachment permit shall be obtained , pur- suant to Chapter 14. 16 of the Cathedral City Municipal Code . (2) A sign at the intersection of two major throughfares shall not exceed 42 square feet in area or 7 feet in height . A sign at any other location shall not exceed 16 square feet in area or 4 feet in height . (3) A sign shall not be allowed in any location which causes or tends to cause any conflict with the safety of vehicular traffic or pedestrian traffic. (4) No sign shall be permitted beyond 2 miles of the project it advertises . ( 5) The sign message may advertise a residential project only , together with a directional arrow. (6) A sign may advertise a project outside the s City only if such project immediately abuts the City ; and such sign shall be allowed for a maximum period of one year (subject to discre- tionary renewal or extension by the processing of a new permit) . - 15 - 000678 f. Changeable Copy Signs Signs or sections of signs designed to be used with removable graphics to allow changing of copy, such as theater marquee signs , may be installed subject I: to the following: Such signs may be not more than twenty-four feet in area, with a minimum height of eight feet above grade to the bottom of the sign, and may be mounted directly on the bottom of a freestanding sign or attached sign, but the area of any said changeable copy sign shall be included in the total sign area otherwise allowed. g. Political Signs No sign shall be placed or erected on any premises within the City without the consent of the owner or tenant of such premises . The written consent of the owner shall be required for the erection of signs on vacant parcels . The said written consent of the owner shall be submitted to the Department of Community Development and maintained on file. No sign shall be placed in the street right-of-way or on any public property including but not limited to utility poles , sign poles and public buildings. No sign shall be placed in such a manner as to pose a visibility hazard to pedestrian and motor vehicle traffic. No political sign shall be placed or erected prior to 60 days before the election to which it pertains . All signs shall be removed no later than 1 (one) day after the election to which they pertain. The maximum size of political signs shall be 32 square feet per face for any one sign. h. Gasoline Service Stations (1) Gasoline service stations shall be limited to one (1) double-faced sign of an area not to exceed fifty ( 50) square feet on each face . The height of this sign shall not exceed fif- teen ( 15) feet . Attached signs shall be sub- ject to the provisions of this division. - 16 - 000679 ( 2) In addition to the signs for public safety and convenience , the Director of Community Development may authorize and approve instruc- tional or directional signs not to exceed two ( 2) square feet per face when deemed necessary I: for the convenience of patrons of gasoline service stations . ( 3) Gasoline Price Signs (a) Nothing in this division shall be con- strued as prohibiting compliance with Section 13531 of the Business and Profes- sions 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 division. (b) Pursuant to the authority of Business and Professions Code , Section 13531 (b) , any area designated in the General Plan of the City of Cathedral City as a scenic corridor is exempt from the requirements of Section 13531 of the Business and Pro- fessions Code of the State of California. i . Shopping Center A shopping center may display one freestanding shopping center identification sign for each street frontage . A shopping center with any one street frontage in excess of four hundred feet may display one additional freestanding sign for each addition- al four hundred feet . One freestanding business sign may be substituted for any one permitted shop- ping center identification sign. The maximum height and area limits for freestanding shopping center signs are twenty feet in height and fifty square feet respectively. Section 5. General Provisions a. Signs Generally a i s The following general sign usage provisions and regulations shall apply for all signs . The basic intent is to protect the public and property owners against downgrading of aesthetic and property values . Therefore , any additional sign usage . au- thorized hereunder shall be strictly construed in its application. 17 000680 1 b. Sign Review Criteria All signs which are regulated by this division shall be subject to the approval of the Director of Community Development . In approving or rejecting a IL particular sign permit , the reviewing authority shall utilize the following review criteria : (1 ) That the sign is necessary for the applicant ' s enjoyment of substantial trade and property rights ; ( 2) That the sign is consistent with the intent and purpose of this division and zoning ordinance ; (3) That the sign does not constitute a detriment to public health , safety, and welfare ; (4) That the size, shape, color , and placement of the sign is compatible with and bears a harmo- nious relationship to the building it identifies ; ( 5) That the size, shape, color , and placement of the sign is compatible with and bears a harmo- nious relationship to the neighborhood and other signs in the area ; ( 6) That both the location of the proposed sign and the design of its visual elements ( letter- ing, words , figures , colors , decorative motifs , spacing, and proportions) are legible under normal viewing conditions prevailing where the sign is to be installed ; ( 7) That the location and design of the proposed sign does not obscure from view or unduly de- tract from existing or adjacent signs ; ( 8) That the location and design of the proposed sign, its size, shape, illumination, and color are compatible with the visual characteristics of the surrounding area so as not to detract 111: from or cause depreciation of the value of adjacent developed properties ; ( 9) That the location and design of a proposed sign in close proximity to any residential district does not adversely affect the value ' or character of the adjacent residential dis- trict ; and - 18 - 000681 1 ( 10) That the sign does not display any obscene matter as defined in Section 311 of the Cal- ifornia Penal Code . c. Proper Maintenance of Signs IL The user , owner , or lessee of a sign authorized under this division shall maintain it in a condi- tion consistent with the criteria set forth in sub- section b above. All signs shall be maintained in a neat , attractive condition and in adequate repair . d. Glare from Signs All illuminated signs in all zones shall be desig- ned in such a manner as to avoid undue glare or reflection of light on private property in the sur- rounding area ; in no event shall any sign exceed ten candlepower at ten feet measured perpendicular- ly from the face of the sign. e. Exceptions to Sign Limitations Nothing contained in this division shall prevent the erection, construction, or maintenance of offi - cial traffic, fire , and police signs , temporary traffic-control signs used during construction and maintenance of utility facilities and substructure location and identification signs and markers re- quired to protect these facilities , devices , and markings of the State Department of Transportation, the City Council , or of other competent public au- thorities , or the posting of the notices required by law. f. Special Permits Nothing contained in this division shall prevent the City Council from granting, pursuant to Chapter 5. 64 of the Cathedral City Municipal Code or pur- suant to other applicable ordinance or law, a tem- porary special permit or otherwise permitting, on such terms as it deems proper , signs or the like 1: advertising or pertaining to any civic, patriotic, or special event of general public interest taking place within the boundaries of the city when it is found that same will not be materially detrimental to the public welfare , interest , or safety, nor injurious to adjacent property or improvements . Additionally, temporary grand opening signs may be approved by the Director of Community Development , subject to appropriate conditions . - 19 - 000682 g. Discontinuance of a Business Within thirty days of the discontinuance of a busi - ness in any commercial or industrial zone or before a new business occupies the building, whichever fi, comes first , the sign owner , his agent , or the property owner shall remove all nonconforming signs and the wording advertising or relating to the dis- continued business from all conforming signs . h. Removal of signs ; Notice to be given ; Payment of costs Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product available for the purchase by the public shall be taken down and removed by the owner , agent or person having the beneficial use of the building or structure or land upon which such sign may be found within thirty days after written notice to do so from the building official . Upon failure to comply with such notice within the time specified in such order , the building official is hereby au- thorized to cause removal of such sign and any ex- pense incident thereto shall be paid by the owner of the building or structure to which such sign is attached, or if the sign is not attached to a building, then such expense shall be paid by the owner of said sign or property. ( 1 ) If the building official finds that any sign has been constructed or erected , or is being maintained in violation of the provisions hereof, he may give written notice of such conditions to the permittee or in the event no valid permit exists , to the owner thereof. If the permittee or the owner thereof, as the case may be, fails to remove or alter the sign so as to comply with the standards herein set forth thirty days after such notice , such signs may be removed or altered to comply by the building official at the expense of the permittee or the owner of the property upon 1: which the sign is located ; ( 2) If a sign is removed in response to official notice and is later again placed or used in an illegal location or manner without a permit , the building official may remove the sign without notice ; - 20 - 000683 1 (3) Unless some other mode of removal is approved, the removal of nonconforming signs shall be accomplished in the following manner : (a) Signs painted on buildings , walls or fen- ces shall be painted over in such a way that the sign shall not thereafter be or become visible ; and (b) Other signs shall be removed altogether , including dependent structure and sup- ports or they may be , by a duly issued sign permit , altered , modified or re- placed to conform with the provisions of this division. (4) Any sign found to be unsafe and in immediate peril to persons or property may be removed summarily and without notice by the building official . The cost of such removal shall be assessed against the owner of the sign removed. ( 5) Any sign erected upon public property in violation of the provisions hereof may be removed by order of the building official . ( 6) The cost of the removal or alteration of any sign and any expense incident thereto which by the terms of this section shall be paid by a permittee , sign owner , property owner or any other person, shall become a debt owing the City for the collection of which the City may maintain civil action thereon in its own name. ( i ) Signing variances Variances excluding noncommercial murals may be granted from the provisions of this division in the same manner and upon the same findings as required by Article V, Division J. of this code . 1: - 21 - 000684 .v v, a) a) a) 0 'v 'C0 g E d 4 a 'v 44 0 W .-. o .c ° U, a) `" 3 n, 'v tea) g �• � cc 0 v gv E .a z o E B E M 2 aaS a = aas :, a � .E ate - E0v ara) oavn� w O v .0 g o .2 .a 0a � a acl x 'y7.1 IIE• w E E 0 0 x W w w a) Wg oa 014 a) er c c. Oi .4V O =w O ' V bD 0 y > N bD N a bbD w as I cE,, .v c. Ca w CI)) = c4 w 4-1 x � G v a a v <4w aw 3 wo � ° w 33w ° w 3 � o o as ,, 0 La 'a$ Z ca 3 w b U w q w w ' o y o co g to co az 5 a 0 a) p Q,-4 c. wv.. w w .g ►a w • O O 7 •• dr v x g w 4.:. 4, = o = + � w w �,w v w Q' w O ,n + ' E w 0 Q r4 ; O G ZPI 11z v v O" C = C O p O wv v d � c., M c v o .. ; . )yEow aD ios a) b a) 0) 414 4 o o �fl 0 n, N y , c W d cV . l w CV 4.4 .-a C bD .....b0' C bD 3 w O r+ O .F, 0 fi Ca a) a) ' E�-� 3 w 3 w 3 4 � g- m O a O v1 C C v v .0 a O m - V 'V v 'VI 'N •V A .0 O v CI 4, .. +,, O 49 E d a O O a fr � y E OC/1 as 17 a) as p, a) 0 O ,.� O 0 ,., 4 ,z O Cl) g. .°'° w a ' U E . ∎ as E d . � L E E S 4- F U a Z a O g F y O x - 22 - 00068 5 w a) 0 4+ flu1I c 4 a0) ©N a •." cs'p 0 os w ° o N CO E z E o a n ° Ls f3) C as� rr t, = w d4 1. W � �., W +'O 4 0 c .N w Co " �.� °) °) 0) c4 rnx ° •VI = a :2a ° = c2 :2a 2 vi 0 M o w Sas = ai 0x4, fwd, ate) = wdi N " a) co .. a d' 174 w 0 0 0 0 t, e4-4 cri C2 72 MI W L- E., a (i) W Z � a aa)) Z � +.1 uas 4 4. 4.3 ° as 4.�, 0 E, s, 0 a %l ° C2 :2a in M . d3 .9. +s o3 W 6 03 +1+ ew - E z CO c +, .,. a7 w 0 w O +.r a) ,C .., .4,,, a) ip G C 4., a) v ° :9 3 +.' 0 ,� .c +, C' mc .c ++ a) '" .0 U �+' �, � 0 0 � � � 0 e0 ,[ 000++ 0 ,p 0 c, .C .+' 1" 0 ri .1 u" v +nr C t0. w +' c 0, 4•' O 4-0 G p' � `'' c0. w •3 ° � •3 A C v C $u) 0 w 3 L. 3$ c. ° 00 t.. in G bp0 = 4 a! = C 0 a0 .j CS 0 W Co Co e) Co y v a+ a°) a°i a) a) at r�i F w w TWO w w � O ,O 'n C I 0 0 0 o E E E v) •+I, 0 cam. ; 0 cam, ' 0 U 0 °$ t j +°)' R •�S U C °?f ova 4 ,o ac a o ^" ° a + ° Or�v .., ao .. ,, co -. fl,' v� tl,' Ca .�, .� rs, •� a .� D a, cam, e°)) E-, La E-• a) V, t) as E-• a) +.� . ) a) A .,v •� a) �~ c" _ZS . `' •r• 0 °Zf ^, °� U o 0 ,,, U 0 °i U o c 0 L. O c, O 0 c. O aC wig � a°"ia[iU � . 0a0iUpaq G -i e) e) W v co e) e) w a U ,•:4 - 23 - N 000686 I.0 L) t›. E =w ...4 w c . . o as as a) ..4n 0 � Ea) Eas ,, Q' o -, o , 11-4 o v1 �� E 3 � o �n � ,, � cn m 0'0 0 . C t�� w ��' 0 4":44 .� % 0 I'0 .0•+ 0 W !%� c) Ca d^o f o cd c4 0 = C a)ED f�'i ,-� E 3 n,'v, c4 w a ak) E 'v) cd P W E � � � ".�+' W w 0 .a c C F W ``" a) a=i , 0 0 U) x ° •cn a to 65 :° a Ey W x a) 4. a a d, 0 z0 dW c w d g � ° o 0 N x N r- � .,. w G� w . FA 44 a .4 c4 No ow wcn 2W a) :- \+p., E • U A A � w w ' v wg a) 03 - G7z � Z X4-1 C7' cd 3 � Eo Z 44 U a) 0 a CA 0 asp CD — o ct Ow L. ow z U) M :° a ,-1 ow 0 a) +s0 Zi C ... O ...., K U w° O •X - 0 0 � ,°n a 0 � w a mow, w t b m d) cdd � v a 04-' .. r' 4 d 0 � v ai CD � � +� 3 � o �, 3 as 72 a )) w 3 � n' 0 ,1 w as .-. 1.1 ai —el) - + 3 .-a of 4 i ,-4 0 w V '0 V cd W as > Ca 4 a°)) a°)i i E• w w as 3 1 ... a) r.+-'-+ V +-' V' y ,0' S d ,$ S a) N N vN• C) ( 02 C) w U w CO W a U c4 - 24 - 000687 v c. O C =I fp p V .:. � � 3 rn .v oyE a a, yO aa) a) M ..� � edE v) , '� � E d cd ° 0 a � ,"�i g c C W .E ... c. a ° .0 a d' TA a°+ O 2 .�. 5 0 d d p ai P4 °w v00cd D I-7V > = � o w F a °o � Z e4 o 0 da cE H � o c. WW coo c/o r4 EF 'v o t Z V . �v = o 2 0as0 � a o $4ta0 u) (1) ° aa V2 a) 0 4, L. C o as �+ 'v a) x W _c 3 c. 3 a� .� �i 3 3 a) c 3 a o 0 Z .:4 ill.' '' g `' `" a) cd q�q�� 8 ` w ° � 8 ° � N 2x c�' wwd� cw u) Wwweo bn GWF«r" 4, N 44 4 N c. A E <4 O t., WgW O = ' 43 �w .+w c.o U q 2 < w 0 cnz XZ Ca CO cdb Z <4 o e� v > ozeo © .. ... 71 o W z w ° ° ° �" O te ° >' ' �" ,, C eodO a t. d w C C,64"' L. > c0. a, .,, y a U 0 1° ; ,...24 ,w ; 0 1° ,� 0 cd V >' ~ >, 0 cdo= Ts 3 3 = (1) 0 0 c. 4-.) v 0 a 0 v 0 = w' 0 0 ° .S o co F to 3 L. 3 0 r+ 4 b •+.. o oa�iA O A o v a) a) O 'v -� . 00 - 1.I44 cd C 4cd 63 cd C w r y w >' r2 ^i 'o o M '" r C + �' 0.. to 0 v E co :v E CU a,' rR'W 0 .a a) U ui es; E-• ri c4 * - 25 - 000688 1 SECTION 2 . EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. POSTING. The City Clerk shall within 15 days after the passage of this ordinance , cause it to be posted in at 1: least the 3 public places designated by resolution of the City Council , shall certify to the adoption and posting of this ordinance ; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. The foregoing ordinance was approved and adopted at a meeting of the City Council held on Max 1 , 1985 by the following vote : Ayes : Counc i lmember s Krings, Murphy, Paquette, Smith and Mayor Martin Noes : None Absent : None k!;rfc:-•-ii-ac.... 7 �, ATTEST I CLERK APPROVED AS TO FORM: AP VD A TO CONTENT: X .41'1*---- ,z, e... CITY TORNEYI AGER I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE NO. /0(p WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL. CITY, CALIFQRNIA, IN A MEETING THEREOF HELD ON THE 1 -�-- DAY OF 198-x, AND THAT SAME WAS POSTED IN AT LEAST THE THit PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID CITY COUNCIL li61....e,' 4IP- 0 / CITY CLERK - 26 - 000689 1