HomeMy WebLinkAboutZOA 13-225CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 13-224 / ZOA 13-225 / ZOA 13-226
NOTICE OF INTENT TO ADOPT THREE (3) AMENDMENTS TO PALM
DESERT MUNICIPAL CODE SECTION 25, ZONING.
PROJECT DESCRIPTION: The City of Palm Desert City Council will be considering the
following zoning ordinance amendments at the September 26, 2013 meeting:
ZOA 13-224: The City of Palm Desert is considering allowing illuminated window signs
as part of the signage ordinance. Currently, any illuminated window signs are only
allowed to say "open" and cannot exceed three square feet. The proposed amendment
will allow a business to have one illuminated window sign that may not exceed 25
percent of the total window area or 15 square feet, whichever is less. Businesses on El
Paseo will not be allowed to have illuminated window signs, except for an "open" sign
no more than 3 square feet.
ZOA 13-225: The City of Palm Desert is considering a modification to the current signs
standards for Pedestrian -Oriented Signs. Currently, A -frame signs are prohibited city
wide. The proposed modification will allow A -frames throughout the city, except for El
Paseo. El Paseo businesses will continue to have pedestal signs. However, the
proposed amendment will only allow pedestal signs during certain times of the year, or
circumstances. El Paseo businesses are allowed to have them during the summer
months between June 1 and October 1, or before 10 a.m. when a business is actually
open at that time, during construction of a storefront, and/or any time a business is the
sole tenant of an otherwise -vacant multi -tenant building.
ZOA 13-226: The City of Palm Desert is considering a modification to the entire Parking
Standards section of the code. The proposed amendment will reduce the number of
parking spaces for most uses within the City. The reasoning for this is that parking lots
require a large portion of land for any project. Many of these parking lots are over built
to meet a perceived high parking demand, which in fact only occurs for a few seasonal
days a year. Most of the year, many parking spaces may not be used and the paved
surface leads to increased rain runoff, creates heat islands, and increases glare and
light pollution. A table for the new standards is available at the City of Palm Desert
Community Development/Planning Department for review and comment.
SAID public hearing will be held on Thursday, September 26 at 4:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be
heard. Written comments concerning all items covered by this public hearing notice shall
be accepted up to the date of the hearing. Information concerning the proposed Zoning
Ordinance Amendments is available for review in the Department of Community
Development at the above address between the hours of 8:00 a.m. and 5:00 p.m.
Monday through Friday. If you challenge the proposed actions in court, you may be
limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City Council at, or
prior to, the public hearing.
PUBLISH: Desert Sun RACHELLE D. KLASSEN, CITY CLERK
September 15, 2013 City of Palm Desert, California
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CITY 0[ P H I M 0 1 S I R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 9226o-2578
TEL: 760 346—o6i i
in fo@cityofpalmdesert.org
November 14, 2013
El Paseo Merchant
Palm Desert, California 92260
Dear Sir or Madam:
Subject: A -frame Signs and Pedestal Signs
Since 2009, the Palm Desert City Council has directed City staff to study a request to allow
A -frame signs along El Paseo. Since that time staff has met with business owners, the El
Paseo Business Improvement District, and the Palm Desert Chamber of Commerce to
review this request. During these meetings it was determined that both business owners
and the City recognize the need to balance the aesthetic quality, visual clutter, and
business needs of El Paseo merchants. Therefore, the Palm Desert City Council approved
changes to the signage ordinance that became effective on November 11, 2013. The
changes will allow Pedestrian Oriented Signs as follows:
• In front of the business, not in the public right of way (10 feet from the curb).
• Maximum sign area is limited to three (3) square feet for pedestal signs and five
(5) square feet for A -frame signs.
• Maximum sign height is fifty-four (54) inches.
• Signs are limited to the word "open," the business name and logo, and hours of
operation only.
• Signs will only be allowed during the summer months between June 1 and
October 1 during all business hours. During the non -summer months, these signs
will only be allowed in the morning until 10 a.m. for early morning businesses;
during construction of a storefront; and/or any time a business is the sole tenant
of an otherwise vacant multi -tenant building.
City approval is required prior to placement of any sign and sign placement shall not
interfere with pedestrian traffic flows. The City will begin inspecting and enforcing the
requirements of the amended sign ordinance in 90 days.
A -frame Signs and Pedestal Signs
Page 2 of 2
November 14, 2013
Thank you in advance for your assistance and cooperation. For your convenience,
enclosed is a brochure regarding pedestrian signs. Should you have any questions
regarding changes to the sign ordinance, please contact the Department of Community
Development at (760) 346-0611, Extension 480.
Sincerely,
TONY BAGATO
PRINCIPAL PLANNER
Enclosure
cc: Lauri Aylaian, Director of Community Development
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ell,
ORDINANCE NO. 1263
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE
AMENDMENT TO MODIFY SECTION 25.56.080.G. (SECTION
25.68.080.0. CURRENTLY) PEDESTRIAN -ORIENTED SIGNS TO
RESTRICT THEM ON EL PASEO, AND ALLOW A -FRAME SIGNS IN
OTHER PARTS OF THE CITY
CASE NO: ZOA 13-225
WHEREAS, the City Council of the City of Palm Desert, California, did on the
26th day of September 2013, hold a duly noticed public hearing to consider the
request by the City of Palm Desert for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California,
adopted Planning Commission Resolution No. 2608 on August 6, 2013, recommending
approval of ZOA 13-225; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2013-16, the Director of Community Development has determined that the
project is not considered a project for CEQA purposes; and
Im
NMI WHEREAS, at said public hearing, said City Council heard and considered all
testimony and arguments of all interested persons; and
NOW, THEREFORE, BE IT ORDANED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA THAT THE FOLLOWING SECTION OF THE PALM
DESERT MUNICIPAL CODE IS HERBY AMENDED:
SECTION 1: The Palm Desert Municipal Code Section 25.56.080.G. — Pedestrian -
Oriented Signs is herby amended and revised as described in Exhibit
A, attached.
SECTION 2: That the City Clerk of the City of Palm Desert, California, is herby
directed to publish a notice of this ordinance with the Exhibit A
provided at City Hall in the Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert,
California, and shall be in full force and effect thirty (30) days after its
adoption.
ORDINANCE NO. 1263
PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 10th day of October, by the
following vote, to wit:
AYES: BENSON, SPIEGEL, TANNER, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE %
ABSTAIN: NONE /
l J
AN C. HARNIK, AYOR
ATTEST: V
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GACItyarMGloda SanchezNORDINANCEMOrd No. 1263-2DA 13.225.d=
2
ORDINANCE NO. 1263
EXHIBIT A
Section 1. 25.56.080.G.— Pedestrian oriented signs (25.68.080.G. current code)
1. Businesses in the commercial and industrial districts may place a
pedestrian oriented A -frame or pedestal mounted 'open" sign in front
of a business, subject to the following standards:
a. Maximum sign area shall be 3 square feet for pedestal signs
one one each side, and 5 feet for A -frame signs on each side;
b. Maximum sign height shall be 54 inches;
c. Signs shall be placed on private property in a location that does
not impede pedestrian traffic flow;
d. Signs shall be designed and located so as to not distract from
the appearance of the building or violate the intent of this
chapter;
e. Signs shall not include extraneous verbiage advertising the
business, specials, or sales events; and
f. Signs shall be removed when the business is not open for
business.
2. For businesses on El Paseo, the above standards apply with the
following additional standards:
a. Signs shall be placed on private property in a location that does
not impede pedestrian traffic flow;
b. Allowed only during the summer months between June 1 and
October 1, or before 10 a.m. when a business is actually open
at that time, during construction of a storefront, and/or any time
a business is the sole tenant of an otherwise -vacant multi -tenant
building;
c. Signs permitted under this Subsection shall be limited to the
word "open," the business name and logo, and hours of
operation only;
d. City approval of the sign is required. A City approval identity
sticker will be issued and must be placed on the sign; and
e. Signs shall be professionally designed and fabricated, and well -
maintained at all times.
. QryglMGbda 3andmz ORDINANCE=rd No. 1263 - 20A 13-225.d=
3
MINUTES .
PALM DESERT PLANNING COMMISSION AUGUST 6, 2013
frontage of El Paseo only. Motion was seconded by Vice Chair Dash and carried by a 3-
0-1 vote with Commissioner Greenwood ABSENT and Commissioner Campbell
ABSTAINING.
Vice Chair Dash clarified that the exception, does not include the Presidents'
Plaza parking lot.
Chair DeLuna replied that is correct. She said she has no concerns with the
parking area or the alleyway.
Chair DeLuna moved, by Minute Motion, to waive further reading and adopt
Resolution No. 2607. Motion was seconded by Vice Chair Dash and carried by a 3-0-1
vote with Commissioner Greenwood ABSENT and Commissioner Campbell
ABSTAINING.
Ms. Aylaian indicated that they now have in the current and new ordinance a
clause that says 'any new sign installed with illumination levels that the Director
determines is annoying to neighbors could be changed.' She said if they see new
signs that are too bright to please report it to staff during the first 30-day period.
C. REQUEST FOR CONSIDERATION of a recommendation to the City Council
to approve a zoning ordinance amendment to modify Section 25.56.080.G.
Pedestrian -Oriented signs to allow A -frame signs and to modify the standards
related to El Paseo (Section 25.68.080.G. current zoning ordinance).' Case_
�,No. ZOA 13-22flCity of Palm Desert, Applicant).
Ms. Aylaian noted that Commissioner Campbell will not participate in this vote as
she has a business on El Paseo.
Mr. Tony Bagato, Principal Planner, orally presented his staff report and
PowerPoint presentation. In 2009, the City Council approved a new sign
ordinance. During the meeting, an El Paseo merchant asked the Council to allow
A -frame signs. He said a committee was formed with two property owners, a
merchant and former Councilmember Kroonen. Mr. Bagato showed onscreen
photos of various A -frame and pedestal signs. He noted that the code only allows
signs using two colors and the word "open." After being discussed by the
pedestrian sign committee and staff, they believed the code should be amended
to allow A -frames. He said that they also had concerns with visual clutter, and
they discussed limiting the usage to only allow them during the summer months
(June 1-October 1) or during early morning hours. Mr. Bagato continued and
listed the modifications to Section 25.56.080.G. Pedestrian Signs. He offered to
answer any questions.
Chair DeLuna asked if there is a regulated set of business hours for merchants
on El Paseo.
Mr. Bagato replied that there are nb restrictions.
11
G:\Planning\Monica OReillyTlanning Comm1ss1on120131Minwes\3-6 13 min.eocx
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PALM DESERT PLANNING COMMISSION AUGUST 6, 2013
Chair DeLuna commented that she has seen some businesses with more than
one sign. She asked if they are limited to one sign.
Mr. Bagato said yes.
Chair DeLuna clarified that the sign would only say "open" with their business
name.
Mr. Bagato responded that the sign could say "open," business name, and logo;
no sale signs.
Commissioner Stendell stated that businesses and commercial industrial can
have an A -frame or pedestal sign, if they meet the guidelines and apply for the
City sticker. For businesses on El Paseo, he asked if pedestal signs are only
allowed for the summer months.
Mr. Bagato explained that A -frame signs will be allowed Citywide, and that the
pedestrian -oriented signs apply to the whole city. There is a section in the code
that states anyone in the city that has a pedestrian -oriented business can have
an outside sign, which allows for A -frame or pedestals signs. El Paseo would
allow the A -frame and pedestal signs as well; however, El Paseo will have
restrictive time usage.
Commissioner Stendell reaffirmed that El Paseo is limited to the summer months.
Mr. Bagato replied that is correct.
Chair DeLuna clarified that El Paseo is allowed to have an A -frame or pedestal
sign.
Mr. Bagato replied that is correct.
Chair DeLuna referred to oneof the photos in the presentation. She addressed
the clutter in the photo. She believes there should be some uniformity, color, and
what they are allowed to say. She said she is not trying to be restrictive she is
only trying to keep El Paseo a cut above during the summer.
Commissioner Stendell agreed with Chair DeLuna. He said every A -frame sign is
going to be an advertising sign. He also said that he sees the need for pedestal
"open" signs especially in the summer months. He asked if there is a way to
restrict A -frame signs on El Paseo.
Mr. Bagato responded that they could restrict A -frames if that is what the
Planning Commission wishes to recommend. He reminded the Commission that
the City Council directed staff to study allowing A -frame signs on El Paseo. He
reaffirmed that the signs are only supposed to say "open." Mr. Bagato noted that
only the signs on El Paseo will need approval and City stickers, which would be
the only way to have it enforced before it is placed in front of the store.
12
G:Wlanning\Mwiw ORellWlanning Commi im12013kfinut \&-613 min.d=
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PALM DESERT PLANNING COMMISSION AUGUST 6, 2013
Commissioner Stendell inquired if the number of feet could be limited from the
actual storefront or uniformly placed.
Mr. Bagato responded that it would be difficult to have them ,uniformly placed
because some of the storefronts have different depths. He noted that the current
code states that the signs have to be on private property, and that it is a matter of
being enforced.
Chair DeLuna asked if they are limiting El Paseo to only "open" signs, is there
any reason to permit A -frame signs.
Mr. Bagato replied that they could.
Chair DeLuna declared the public hearing open and asked for any public testimony IN
FAVOR or OPPOSITION.
MS. SONIA CAMPBELL, owner of Spectacular Shades, 73-910 El Paseo, stated
that she has been on the El Paseo Business and Improvement Board for the past
20 years, and president for about 8 to 10 years. She said that they have had this
discussion many times concerning the `open" signs. She stated that they limited
it to two colors and 'open" for many years. At the last meeting with staff, she
brought up the fact that many years ago the board came up with a decision that
since in season the stores should be open, they do not need an `open" sign.
Then there was discussion among the board members that some of the stores
are opened later and some close earlier, which she thinks does not make a
difference. Ms. Campbell agreed that there is clutter in the photo shown, and
does not approve of the A -frame signs. She stated she is in favor of the pedestal
signs that say "open" with two colors during the summer between June 1 and
October 1.
With no further testimony offered, Chair DeLuna declared the public hearing closed.
Vice Chair Dash commented that there are cases when there is construction
going on, and it impedes on the adjacent business. He feels that the business
should be allowed to use a sign to indicate that they are open.
Vice Chair Dash moved, by Minute Motion, to recommend to the City Council
approval of Zoning Ordinance Amendment 13-225 modifying Section 25.56.080.G.
Pedestrian -Oriented signs to allow A -frame and pedestal signs. For businesses on El
Paseo, A -frame signs are not allowed, signs should only be two colors, and a sign is
allowed during construction of a storefront.
Commissioner Stendell clarified that A -frame .signs are allowed in business and
commercial areas and that pedestal signs are two colors only.
Staff replied yes.
13
0 TianningWmim OReilly\Planning Commission@013Wnu1es\8-613 minAm
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PALM DESERT PLANNING COMMISSION AUGUST 6, 2013
Motion was seconded by Commissioner Stendell and carried by a 3-0-1 vote with
Commissioner Greenwood ABSENT and Commissioner Campbell ABSTAINING.
Vice Chair Dash moved, by Minute Motion, to waive further reading and adopt
Resolution No. 2608. Motion was seconded by Commissioner Stendell and carried by a
3-0-1 vote with Commissioner Greenwood ABSENT and Commissioner Campbell
ABSTAINING.
D. REQUEST FOR CONSIDERATION of a recommendation to the City Council
to approve a zoning ordinance amendment to modify Section 25.46.040.A.
Parking Requirements Table 25.46-1, changing the number of parking spaces
required for different land uses (Section 25.58.310 current zoning ordinance).
Case No. ZOA 13-226 (City of Palm Desert, Applicant).
Mr. Bagato orally presented his staff report and onscreen presentation. He said
reducing parking requirements has been discussed by staff and the Citizens'
Sustainability Committee to be more environmentally sustainable. Based on a
study done by staff and the Sustainability Committee, it was reported that about
40 percent of parking spaces were vacant. Over built parking lots increase rain
runoff, create heat islands, and increase concrete glare and light pollution. He
said that if parking requirements are reduced, it gives a developer more square
footage for more profitable uses and potentially more sales tax for the City. He
briefly highlighted different uses and the parking stall requirements. He noted that
staff verified the validity of the parking study with the Transportation Engineers
Parking Generation Manual, and found that the numbers match the Parking
Generation Manual. Mr. Bagato offered to answer any questions.
Chair DeLuna asked if there is a minimum size for a parking space. She noted
that the spaces at Bristol Farms are small and cars get hit by car doors.
Mr. Bagato responded that there is a standard size. He said the stalls are
supposed to be nine feet wide with double pin stall dividing lines, which actually
nets 10 feet. He explained that Bristol Farms had trouble meeting the amount of
parking spaces required so the City allowed them to have stalls at nine feet and
single striped dividing lines.
Chair DeLuna inquired if the City is going to require removal of asphalt if a
shopping center is over parked, and have it returned to a more natural state. .
Mr. Bagato replied no unless someone comes to the City requesting to add a
building to the parking lot.
Commissioner Stendell commented that he looked at Figure 25.46-1: Parking Lot
Design Requirements, and it indicates a nine -foot with a single -stripe parking
stall. He asked if that is the current code because it does not show a double
stripe.
14
G:WlwmngV4cdm OReilly\Rmning Gomryd 5l n12U13 imes18413 mind=
CITY 01 PnIM
73-5 io FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o6ii
info@cityofpalmdesert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
August 7, 2013
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Subject: Consideration of a recommendation to the City Council to approve a
zoning ordinance amendment to modify Section 25.56.080.G.
Pedestrian -Oriented signs to allow A -frame signs and to modify the
standards related to El Paseo
The Planning Commission of the City of Palm Desert considered your request and took
the following action at its regular meeting of August 6, 2013:
The Planning Commission granted approval of Case No. ZOA 13-225 by
adoption of Planning Commission Resolution No. 2608. Motion carried by
a 3-0-1 vote with Commissioner Greenwood ABSENT and Commissioner
Campbell ABSTAINING.
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
Lauri Aylaian, Secretary
Palm Desert Planning Commission
cc: File✓
Building & Safety Department
Public Works Department
Fire Marshal
Ci rnmeoxxarum.xna
PLANNING COMMISSION RESOLUTION NO. 2608
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL TO APPROVE A ZONING ORDINANCE AMENDMENT TO
MODIFY SECTION 25.56.080.G. PEDESTRAIN-ORIENTED SIGNS TO
ALLOW A -FRAME SIGNS AND TO MODIFY THE STANDARDS
RELATED TO EL PASEO (SECTION 25.68.080.G. CURRENT ZONING
ORDINANCE) .
CASE NO: ZOA 13-225
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 6`h day of August 2013, hold a duly noticed public hearing to consider the request by
the City of Palm Desert for approval of the above noted; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2013-16, the Director of Community Development has determined that the
project is not considered a project for CEQA purposes.
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did find the following facts and reasons to exist to justify the
recommendation to the City Council of said request:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of Zoning
Ordinance Amendment 13-225 as proposed.
PLANNING COMMISS.—A RESOLUTION NO. 2608 j
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 6�h day of August 2013, by
the following vote, to wit:
AYES: DASH, DE LUNA, and STENDELL
NOES: NONE
ABSENT: GREENWOOD
ABSTAIN: CAMPBELL
NANCY DE NA, CHAIRPERSON
ATTEST:
aLAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
G Tlanra t,;Worap OReiltyAPlanning Cornmissio02013%Resolution,A Res. No. 2508 Pedestrian Signs.dmx
2
PLANNING COMMISSI-., RESOLUTION NO. 2608
EXHIBIT A
Section 1. 25.56.080.G.— Pedestrian oriented signs (25.68.080.G. current code)
1. Businesses in the commercial and industrial districts may place a
pedestrian oriented A -frame or pedestal mounted 'open" sign in front
of a business, subject to the following standards:
a. Maximum sign area shall be 3 square feet on each side;
b. Maximum sign height shall be 54 inches;
c. Signs shall be placed on private property in a location that does
not impede pedestrian traffic flow;
d. Signs shall be designed and located so as to not distract from
the appearance of the building or violate the intent of this
chapter;
e. Signs shall not include extraneous verbiage advertising the
business, specials, or sales events; and
f. Signs shall be removed when the business is not open for
business.
2. For businesses on El Paseo, the above 'standards apply with the
following additional standards:
a. Only pedestal signs, no A -frame signs.
b. Allowed only during the summer months between June 1 and
October 1, or before 10 a.m. when a business is actually open at
that time, during construction of a storefront, and/or any time a
business is the sole tenant of an otherwise -vacant multi -tenant
building;
c. Signs permitted under this Subsection shall be limited to the
word 'open," the business name and logo only;
d. Signs shall be two colors only. Black and white is considered
colors and shall not contain extraneous decoration. Signs shall
be mounted on a pedestal using one of the two colors.
e. City approval of the sign is required. A City approval identity
sticker will be issued and must be placed on the sign; and
f. Signs shall be professionally designed and fabricated, and well -
maintained at all times.
G:IPlanningWonioa OReilly%Planning Commissionl2013%ResolulionslRes. No. 2608 Pedestrian Signs. dou
3
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION OF A RECOMMENDATION TO THE CITY
COUNCIL TO APPROVE A ZONING ORDINANCE AMENDMENT
TO MODIFY SECTION 25.56.080.G. PEDESTRIAN -ORIENTED
SIGNS TO ALLOW A -FRAME SIGNS AND TO MODIFY THE
STANDARDS RELATED TO EL PASEO (SECTION 25.68.080.G.
CURRENT ZONING ORDINANCE)
SUBMITTED BY: Tony Bagato, Principal Planner
APPLICANT: City of Palm Desert
CASE NO(s): ZOA 13-225
DATE: August 6, 2013
CONTENTS: Resolution No. 2608, Exhibit A — Draft Ordinance Amendment
Desert Sun Legal Notice
August 27, 2009 City Council Meeting Minutes
Recommendation
Waive further reading and adopt Planning Commission Resolution No.
2608, recommending that the City Council approve Zoning Ordinance
Amendment 13-225 amending Palm Desert Municipal Code Section
25.56.080.G. — Pedestrian -Oriented Signs (currently 25.68.080.G.)
Executive Summary
This staff report is one of three that will amend current policy that has been discussed
by the City Council the past few years. These amendments were presented at Planning
Commission/City Council study sessions on March 22, 2012 and May 9, 2013. This
report focuses on an ongoing issue/discussion related to A -frame and pedestal signs.
During the public hearing for the signage ordinance approved in 2009, a business
owner requested that the City Council allow A -frame signs, which are currently
prohibited. Staff was directed to study the matter and return at a later time.
In 2012, staff made a presentation related to A -frame signs and requested direction
from the City Council. Staff was directed to work with members of the El Paseo
Staff Report
ZOA 13-225
Page 2 of 8
August 6, 2013
Business Improvement District and the Chamber of Commerce to discuss these signs.
Although the reason for the meeting was to discuss A -frame signs, the overall
consensus of the group was that the need for the pedestrian -oriented signs on El Paseo
has lessened since they were first allowed. The recommendation from the group is to
allow A -frame signs as an approved pedestrian sign type, but to restrict both A -frame
and pedestal signs to only allow them in the summer months between June 1 and
October 1. Given that the overall nature of El Paseo has changed over the past 20
years, these signs are unnecessary until summer time.
On July 23, 2013, staff presented the proposed changes to the Chamber of Commerce
for feedback and discussion. No comments were received from the members of the
Chamber of Commerce about the proposed change on El Paseo.
Background
Currently, the Zoning Ordinance prohibits A -frame signs but allows pedestal signs to be
used for pedestrian -oriented businesses. On August 27, 2009, the City Council
approved ZOA 09-104 establishing a new signage ordinance. During the public hearing,
an El Paseo merchant stated that she was not there to speak about the signage
ordinance directly, but wanted to ask the City Council to allow A -frame signs because
she had received a notice of violation from Code Compliance about an A -frame sign she
was using that was prohibited. She stated that she had been a business owner on El
Paseo for 35 years, and that the 'open" pedestal signs get blown over by wind. She also
stated that business owners typically place rocks or sandbags on the base of the
pedestal sign to keep it from being knocked over. The City Council discussed A -frame
signs and directed staff to allow them temporarily. In addition, they requested staff to
study the issues related to A -frame and pedestal signs, and to bring it back as a
possible zoning amendment. '
On August 23, 2012, staff requested City Council direction related to A -frame signs and
whether or not they should be allowed as part of the Zoning Ordinance update since
they were being allowed on a temporary basis. The City Council requested staff to work
with El Paseo merchants and to contact the Chamber of Commerce. Staff contacted
both the Chamber of Commerce and the El Paseo Business Improvement District Board
of Directors to form a committee to discuss A -frame and pedestal signs. Staff received
interest from two property owners and a merchant that they wanted to be part of the
committee with staff.
On September 28, 2012, staff met with former Councilmember William Kroonen and
three individuals representing the El Paseo merchants to discuss A -frame and pedestal
signs. During the meeting, staff and the representatives reviewed the following photos:
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Staff Report
ZOA 13-225
Page 3 of 8
August 6, 2013
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August 6, 2013
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ZOA 13-225
Page 6 of 8
August 6, 2013
After reviewing these photos, the committee did not have any issues with A -frame signs
that were well designed. They believed that A -frame signs should be allowed along with
pedestal signs. However, the overall discussion of the group focused more on the fact
that these signs can lead to visual blight and clutter on the sidewalk, and can impede
pedestrian traffic. In addition, they believed that the necessity of these pedestrian -
oriented signs on El Paseo, whether they are A -frame or pedestal signs, has lessened
over the 20 years since they were allowed by the City.
When the City first allowed the pedestal signs, El Paseo consisted of mostly "mom and
pop" retail shops and restaurants that were not open all year. That made it difficult to
know when a business was open or not. In addition, many retail shops have a dark
window tint because of the desert climate. These dark windows, along with varying
business hours, made it difficult for drive -by traffic to see if a business was actually
open. Over the past 20 years, El Paseo has changed greatly, and now most retail shops
are open year around. In addition, many storefronts have been redesigned or
completely rebuilt to provide better retail visibility of product and marketing with other
signage. The committee believed that these signs should only be allowed when it is
difficult to know if a business is open. They believed it is hard to tell when an El Paseo
business is open in three instances: during the summer months, early mornings for
restaurants, and when there is an otherwise -vacant multi -tenant building with just one
operating business. Other than these circumstances, the committee believed that the
signs should not be allowed on El Paseo due to the visual blight and clutter, which
degrade the El Paseo pedestrian shopping experience.
Lastly, the committee discussed the fact that there are many signs on El Paseo that do
not meet the current ordinance, which only allows signs using two colors, with the word
.'open" and the business name. Many signs that are being used for sales, marketing or
other advertising are being placed on the sidewalk or directly in front of storefronts.
They stated that an A -frame or pedestal sign should not contain any advertising other
than the business name, logo and the word "open." Given the discussion, staff
expressed some concerns with enforcement of these signs, since they are currently
allowed by right, and exempted from any kind of permit review. The committee
discussed the possibility requiring staff approval for these signs, and that a City
approval sticker could be issued to be placed on the sign. Placing a City approval
sticker on permitted signs would be a benefit for code enforcement. A non -permitted
sign would be easily identified by the fact it would not have a sticker.
After meeting with the committee, staff examined the sign standards in Section 25.56-
Signs (25.68 current code) for Pedestrian -Oriented Signs to identify possible changes.
The standards for these signs apply Citywide with different standards for El Paseo.
Based on the City Council direction to study A -frame signs, and the discussion of the
pedestal signage committee, staff believes that the sign ordinance should be amended
to allow A -frame signs Citywide where the signage code specifically allows pedestrian
signs. In addition, staff believes that the visual blight and clutter concerns of the
GAPlanning\Tony RagalolStaff Repons=A2oning GNinanmTC Hearing Dots 881Pedestnan Signs Staff Repon.d=
Staff Report
ZOA 13-225
Page 7 of 8
August 6, 2013
committee are valid, and that the necessity of these signs on El Paseo has changed
over the past 20 years and that they should be limited to the summer months. The
proposed zoning ordinance amendment shown in the underlined wording will modify
Section 25.56.080.G. — Pedestrian -Oriented Signs (25.68.080.G) to read as follows:
1. Businesses in the commercial and industrial districts may place a pedestrian
oriented A -frame or pedestal mounted "open" sign in front of a business,
subject to the following standards:
a. Maximum sign area shall be 3 square feet on each side;
b. Maximum sign height shall be 54 inches;
c. Signs shall be placed on private property in a location that does not
impede pedestrian traffic flow;
d. Signs shall not include extraneous verbiage advertising the business,
specials, or sales events; and
e. Signs shall be removed when the business is not open for business.
2. For businesses on El Paseo, the above standards apply with the following
additional standards:
a. Allowed only during the summer months between June 1 and October
1 or before 10 a.m. when a business is actually open at that time,
and/or any time a business is the sole tenant of an otherwise -vacant
multi -tenant building;
b. Signs permitted under this Subsection shall be limited to the word
"open," the business name and logo only;
c. City approval of the sign is required A City approval sticker will be
issued and must be placed on the sign; and
d. Signs shall be professionally designed and fabricated, and well -
maintained at all times.
The proposed modifications will support business owners who want to use A -frame
signs while also minimizing visual blight and clutter. Given that these standards are
significantly different than what is allowed today, staff presented the proposed
modifications to the El Paseo Business Improvement District Board of Directors on April
18, 2013. Staff discussed the possibility of allowing A -frame signs and stated that the
committee was recommending that these signs only be allowed on a limited basis as
described above.
GAPtanning\Tony Bagato\Stag RepoM20AIZoning Ordlaanoe\PC Hearing Do M'Pedestden Signs Staff Report.do
Staff Report
ZOA 13-225
Page 7 of 8
August 6, 2013
committee are valid, and that the necessity of these signs on El Paseo has changed
over the past 20 years and that they should be limited to the summer months. The
proposed zoning ordinance amendment shown in the underlined wording will modify
Section 25.56.080.G. — Pedestrian -Oriented Signs (25.68.080.G) to read as follows:
1. Businesses in the commercial and industrial districts may place a pedestrian
oriented A -frame or pedestal mounted 'open" sign in front of a business,
subject to the following standards:
a. Maximum sign area shall be 3 square feet on each side;
b. Maximum sign height shall be 54 inches;
c. Signs shall be placed on private property in a location that does not
impede pedestrian traffic flow;
d. Signs shall be designed and located so as to not distract from the
appearance of the building or violate the intent of this chapter;
e. Signs shall not include extraneous verbiage advertising the business,
specials, or sales events; and
f. Signs shall be removed when the business is not open for business.
2. For businesses on El Paseo, the above standards apply with the following
additional standards:
a. Allowed onlv during the summer months between June 1 and October
1 or before 10 a.m. when a business is actually open at that time,
and/or any time a business is the sole tenant of an otherwise -vacant
multi -tenant building;
b. Signs permitted under this Subsection shall be limited to the word
"open," the business name and logo only;
c. City approval of the sign is required A City approval sticker will be
issued and must be placed on the sign; and
d. Signs shall be professionally designed and fabricated, and well -
maintained at all times.
The proposed modifications will support business owners who want to use A -frame
signs while also minimizing visual blight and clutter. Given that these standards are
significantly different than what is allowed today, staff presented the proposed
modifications to the El Paseo Business Improvement District Board of Directors on April
18, 2013. Staff discussed the possibility of allowing A -frame signs and stated that the
GWPIanning%Tony Bagato\Staff Repats20AZoning Drdlnanc6PC Hearing Dom 8- Wedestnan Signs Staff Repwt.docx
Staff Report
ZOA 13-225
Page 8 of 8
August 6, 2013
committee was recommending that these signs only be allowed on a limited basis as
described above.
There was a difference of opinion among the El Paseo merchants about whether or not
A -frame signs should be allowed on El Paseo, and some did not want them limited to
the summer time. Staff explained to the merchants that they could write letters or speak
at the public hearing in favor of or opposition to the proposed modifications.
On July 23, 2013, staff presented the proposed changes to the Chamber of Commerce
for feedback and discussion. No comments were received from the Chamber of
Commerce about the proposed change on El Paseo.
Environmental Review
According to the California Environmental Quality Act (CEQA), staff must determine
whether a proposed activity is a project subject to CEQA. If the project is subject to
CEQA, staff must conduct a preliminary assessment of the project to determine whether
the project is exempt from CEQA review. If a project is not exempt, further
environmental review is necessary. Further review from a non-exempt project would
result in a Negative Declaration, a Mitigated Negative Declaration or an Environmental
Impact Report (EIR). Generally, an EIR must be prepared if a project may have a
significant impact on the environment.
In this case, staff has determined that the proposed Zoning Ordinance Amendment is
not a project subject to CEQA because the adoption of new signage standards will not
result in a direct or indirect physical change in the environment.
Submitted By:
Tony Bagato, Principal Planner
Department Head:
Lauri Aylaian, Director of Community evelopment
01fianning\Tony Bagato\Staff Repons\ZOA\Zoning OfdlnancsXPC Hearing Dots 8-6TedwMan Signs Staff Rei mn.d=
PLANNING COMMISSION RESOLUTION NO. 2608
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL TO APPROVE A ZONING ORDINANCE AMENDMENT TO
MODIFY SECTION 25.56.080.G. PEDESTRAIN-ORIENTED SIGNS TO
ALLOW A -FRAME SIGNS AND TO MODIFY THE STANDARDS
RELATED TO EL PASEO (SECTION 25.68.080.G. CURRENT ZONING
ORDINANCE)
CASE NO: ZOA 13-225
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 6t' day of August 2013, hold a duly noticed public hearing to consider the request by
the City of Palm Desert for approval of the above noted; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2013-16, the Director of Community Development has determined that the
project is not considered a project for CEQA purposes.
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did find the following facts and reasons to exist to justify the
recommendation to the City Council of said request:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of Zoning
Ordinance Amendment 13-225 as proposed.
PLANNING COMMISSIC ZESOLUTION NO.2608
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 6h day of Auclust 2013, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
NANCY DE LUNA, CHAIRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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2
PLANNING COMMISSIC ZESOLUTION NO.2608
EXHIBIT A
Section 1. 25.56.080.G.— Pedestrian oriented signs (25.68.080.G. current code)
1. Businesses in the commercial and industrial districts may place a
pedestrian oriented A -frame or pedestal mounted 'open" sign in front
of a business, subject to the following standards:
a. Maximum sign area shall be 3 square feet on each side;
b. Maximum sign height shall be 54 inches;
c. Signs shall be placed on private property in a location that does
not impede pedestrian traffic flow;
d. Signs shall be designed and located so as to not distract from the
appearance of the building or violate the intent of this chapter;
e. Signs shall not include extraneous verbiage advertising the
business, specials, or sales events; and
" f. Signs shall be removed when the business is not open for
business.
2. For businesses on El Paseo, the above standards apply with the
following additional standards:
a. Allowed only during the summer months between June 1 and
October 1, or before 10 a.m. when a business is actually open at
that time, and/or any time a business is the sole tenant of an
otherwise -vacant multi -tenant building;
b. Signs permitted under this Subsection shall be limited to the
word 'open," the business name and logo only;
c. City approval of the sign is required. A City approval identity
sticker will be issued and must be placed on the sign; and
d. Signs shall be professionally designed and fabricated, and well -
maintained at all times.
G9Ranning\Tony BagatolStaR ReponslZOMZonmg Ondinanos'PC Hearing Dow "- Raring Commission Resolutlon_Pedestrian Window Signs.doa
3
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 13-223 / ZOA 13-224 / ZOA 13-225 / ZOA 13-226
PROJECT DESCRIPTION: The City of Palm Desert Planning Commission will be
considering the following zoning ordinance amendments at the August 61", 2013
meeting:
ZOA 13-223: The City of Palm Desert is adopting a comprehensive update to the entire
Zoning Ordinance to reorganize and reformat the code. Other sections of the code will
be updated to eliminate internal inconsistencies, add new sections required by the
State of California; and provide new tables and graphics.
ZOA 13-224: The City of Palm Desert is considering allowing illuminated window signs
as part of the signage ordinance. Currently, any illuminated window signs are only
allowed to say "open" and cannot exceed three square feet. The proposed amendment
will allow a business to have one illuminated window sign that may not exceed 25
percent of the total window area or 15 square feet, whichever is less.
ZOA 13-225: The City of Palm Desert is considering a modification to the current signs
standards for Pedestrian Signs located on El Paseo. Currently, business owners are
allowed one pedestal sign in front of the business that is limited to the word "open". The
proposed change will modify the standards in two ways: 1) it will now allow a business
to have either a pedestal sign or an A -frame sign. 2) the signs will only be allowed
during the summer months instead of year around. The proposed time frame is June 1
to October 1. This would eliminate the potential clutter along the sidewalk during the
busy season, while providing advertising during the slower summer months.
ZOA 13-226: The City of Palm Desert is considering a modification to the entire Parking
Standards section of the code. The proposed amendment will reduce the number of
parking spaces for most uses within the City. The reasoning for this is that parking lots
require a large portion of land for any project. Many of these parking lots are over built
to meet a perceived high parking demand, which in fact only occurs for a few seasonal
days a year. Most of the year, many parking spaces may not be used and the paved
surface leads to increased rain runoff, creates heat islands, and increases glare and
light pollution. A table for the new standards is available at the City of Palm Desert
Community Development/Planning Department for review and comment.
SAID public hearing will be held on Tuesday, August 6 at 6:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be
heard. Written comments concerning all items covered by this public hearing notice shall
be accepted up to the date of the hearing. Information concerning the proposed Zoning
Ordinance Amendments is available for review in the Department of Community
Development at the above address between the hours of 8:00 a.m. and 5:00 p.m.
Monday through Friday. If you challenge the proposed actions in court, you may be
limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the Planning
Commission at, or prior to, the public hearing.
PUBLISH: Desert Sun Lauri Aylaian, Secretary
July 27, 2013 Palm Desert Planning Commission
O r
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
E. REQUEST FOR APPROVAL OF AGREEMENT FOR LEGAL SERVICES BY
AND AMONG THE PALM DESERT REDEVELOPMENT AGENCY, THE
CITY OF PALM DESERT, AND RICHARDS, WATSON & GERSHON
(CONTRACT NO. R28880) (JOINT CONSIDERATION WITH THE PALM
DESERT REDEVELOPMENT AGENCY).
Councilman/Member Ferguson moved to, by Minute Motion:1) Approve the subject
contract for Legal Services to the Palm Desert Redevelopment Agency, the Palm Desert
Housing Authority, and the City of Palm Desert with Richards, Watson & Gershon;
2) authorize the City Manager/Executive Director to finalize the agreement with Richards,
Watson & Gershon, substantially as to form; 3) authorize the Mayor/Chairman to execute
the finalized agreement. Motion was seconded by Finerty and carried by a 5-0 vote.
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT
UPDATING AND REVISING PALM DESERT MUNICIPAL CODE
SECTION 25.68 - SIGNS Case No. ZOA 09-104 (City of Palm Desert,
Applicant) (Continued from the meeting of June 25, 2009).
Councilman Ferguson noted he represented an outdoor advertiser and
should probably abstain on this item. He recused himself and left the
Council Chamber.
Principal Planner Tony Bagato noted this item was continued from the
previous meeting and based on previous discussion, staff was
recommending the removal of the Creative Sign section, reviewed the
freeway signage and decided to add the single -font type in the color Bernard "
Gothic T Medium Black; a sample of the font was displayed. He sai6 the
clean font -type was approved by the subcommittee. -Another issue talked , - :
about was the font size, 12 inches versus 16 inches; the initial
recommendation of the subcommittee was 12 inches. When this matter was
presented to the Planning Commission, some of the Commissioner's felt
that 12 inches was too small. He prepared an exhibit that showed the
difference between the two sizes, and in looking at the possible scenarios for
smaller multi -tenant buildings,16 inches would be the maximum allowed and
still be appropriate. The last thing reviewed at the Mayor's request was
lighting for signage on the freeway. Staff looked at other alternatives along
El Paseo, which highlighted different types of lighting features. The two
types of lightings researched were the Reverse "Halo" Lit and External
Fixtures. Staff found that the "halo" lit lettering gave a cleaner, high -quality
appearance, which could provide identification at night and also still achieve
the goal of the Signage Ordinance. The External Fixtures don't provide as
much control on the amount of lighting going out. Therefore, staff changed
its recommendation to approve "halo" lit illumination only, and the alternative
was still non -illuminated. In summary, staff recommended approval of the
25
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Sign Ordinance with the removal of the Creative Sign Program, a single
font -type and color,16 inch letters maximum for multi -tenant signs, and
reverse "halo" lit letters only.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this Ordinance.
MS. VELMA OTTERMAN, El Paseo, California, CA, stated the issue she
wished to speak on had nothing to do with this matter, but it did have to do
with signs on El Paseo. She said she's been on El Paseo for 35 years and
it was amazing how long one can be somewhere and not know all. the
Ordinances. For 35 years she's had a sign out on El Paseo that said "Open"
to tell people she was open for business, but every time the wind blew it
would blow over. Therefore, all up and down El Paseo, one would see signs
with rocks or sandbags piled around the bottom to hold the pedestal sign in
place. She had a lovely A -frame made for outside of her shop and was very
proud of it. When the wind blew it did not require rocks to hold it down.
However, a couple of weeks ago City staff informed her there was an
Ordinance against having A -frame signs. She heard the City of Palm
Springs recently overturned their Ordinance for the same reason. She
provided photographs to the Council of the pedestal signs with rocks piled aroundit. She said it would be nice for the Council to overturn Palm Desert's
Ordinance, so that merchants can have a sign that would stand up. She said
the signs were very important especially during the summer when half the
shops are closed. Unfortunately, El Paseo does not have a set time that
stores are open, so customers look for those signs on the street. She
respectfully requested that the Council consider overturning the.,City's
Ordinance.
MS. BARBARA deBoom, President/CEO of the Palm DesertChamber-of-
Commerce stated that members of the Chamber reviewed the .Sign
Ordinance changes and was pleased to see the increase in font size to 16
Inches, but she really believed the font size needed to be a minimum of
18-20 inches. New businesses coming in along the freeway, with as fast as
traffic is going, need their signage to be seen. She said the "Chico" sign,
which was 18 inches would be preferable. She displayed a sign with the
difference between the 12-inch and 24-inch lettering, stating that was the
Chambers major concern. She said everyone was aware that it was a down
economy with more than 35 empty storefronts on El Paseo; some stores are
empty and closed for the summer. She said if the Council allowed the
A -frame signs that stated "Open for Business" as opposed to the new
Ordinance that was just changed that said, "Going Out of Business," it would
be helpful to the El Paseo merchants.
41
r
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
MR. DICK BAXLEY, Baxley Properties, Palm Desert, stated he was in
support of the change to include lighting. He said freeway visibility at the
speed vehicles went by was a must. He was in support of the "halo" type
lighting or any technical matter that would get the signs lit.
Mr. Bagato stated that with regard to the A -frame signs, they had always
been prohibited on El Paseo, and the Ordinance included a section under El
Paseo that allowed pedestal signs that said "Open." The subcommittee
didn't want to change anything that would create clutter, which A -frames
typically do. He suggested Council can approve Temporary Use Permits for
outdoor display, but he wasn't sure if Council wanted to add them as a
permanent sign into the Ordinance this evening. Responding to question, he
said originally no signage was allowed on El Paseo sidewalks because they
tend to create clutter and pedestrians could trip over them. In the early
1980's, the Chamber of Commerce requested to allow pedestal signs on El
Paseo because it was a foot traffic retail. The idea with the pedestal signs
was that it was a small pole and a small square top, which was very limited.
However, with the A -frame, one can have a wide range of sizes, triangle
base signs that can stick out anywhere from four feet by four feet, and
presently there was no regulation for A -frames because they are prohibited.
MS. OTTERMAN, stated she too wants El Paseo to look nice, but as
reflected in the photographs she provided to the Council, small A -frames
would look better than the pedestal. signs with all the rocks around it.
Mayor Pro Tem Finerty stated she didn't think the signs with the rocks were
aesthetically pleasing for El Paseo. She would like to look at the pros and
cons of the A -frame signs. She asked if the A -frame signage could be
discussed as a separate matter, but move ahead with the Sign Ordinance.
Mayor Spiegel agreed to discuss the A -frame signage as a.separate matter
this evening.
With no further testimony offered, Mayor Spiegel declared the public hearing closed.
Mayor Pro Tern Finerty stated she was originally a proponent of the 12-inch
font, but believed the 16-inch font made sense and appreciated staff
removing the Creative Sign Program. However, she was opposed to lighting
on the signs, because she believed there was a difference between
identifying versus advertising. She was also in favor of moving forward with
approving the Sign Ordinance as presented and eliminating the illumination.
In addition, review the A -frame signage, check to see what other areas like
City of Palm Springs had done, what the City of Palm Desert thoughts were
in the past, and what they might be now.
27
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Councilman Kelly stated he would only deal with the Sign Ordinance as it
related to freeway signage because it would be confusing for him to mix the
two issues. He was in favor of lighting and having more than 16-inch
lettering. He said there were more billboards between Monterey Avenue and
Palm Drive in the Coachella Valley than in San Bernardino County, Los
Angeles County, Ventura County, and San Luis Obispo County, and the
lettering on them was more like six -feet tall. He said there were 70 billboards
in the Coachella Valley, and he knew because he counted them on purpose
on one of his trips. He thought it was ridiculous to be worrying or debating
over 12-inch versus 16-inch lettering. He said the City should give the
merchants a chance to let people know where they are because when he's
traveling on the freeway, he's looking at those building and signage for a
particular store. He felt the backlighting showed up very well and had a lot
of class.
Councilmember Benson stated 16-inch lettering was tall enough, and she
liked the backlighting. However, she felt there should be a time limit on when
the night lights can be on, which may also lessen the glow.
Councilman Kelly stated that with regard to the A -frame signs, he said
business was slow in the summer, and it was difficult to know which stores
were open. He said the A -frames should be allowed at least for a certain
number of months during the off-season, so that merchants can identify
themselves
Mayor Spiegel stated he preferred the A -frame instead of the pedestal type.
Mayor Pro Tem Finerty agreed, but believe a standard should be established. for the use of the A -frame signs in the summer and decide on the size and
colors that are aesthetically pleasing and in keeping with .the El Paseo
image.
Mayor Spiegel asked if staff could return to Council with an A -frame
standard. He said if a merchant currently had an A -frame they could keep
it up until staff returned with a standard recommendation.
Mr. Bagato responded the A -frames can remain with the pedestals like it was
today, and staff will work with the Signage Subcommittee, El Paseo
Retailers, and Chamber to come up with a standard for A -frames and
possibly replace it as an amendment to the Ordinance.
Mayor Pro Tern Finerty requested that the pedestal signs also be reviewed. .�
Councilmember Benson stated the A -frames should not include balloons or
flags and only to be used during the summer.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Mayor Pro Tern Finerty moved to, by Minute Motion, requested study of the issues
of both A -frame and pedestal signs for retailers in order to bring back a future
recommendation for possible amendment to the Sign Ordinance, with any of them being
used presently for customer attraction allowed to remain until study completed. Motion
was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT.
Councilman Kelly moved to allow backlighting on freeway frontages until 1:00 a.m.,
with 20-inch lettering. Motion was seconded by Spiegel and received NO ACTION on a
2-2- vote, with Kelly and Spiegel voting Aye, Benson and Finerty voting NO, with Ferguson
ABSENT.
After discussing the issues further, compromises were made with regard to
the time allowed to have the backlighting on and the size of the font.
Mayor Pro Tern Finerty moved to, waived further reading and pass Ordinance
No. 1190 to second reading, as amended, to allow halo backlighting on freeway frontages
until 11:00 p.m. only,16-inch letters, without the creative sign provision, and one single font
size. Motion was seconded by Benson and carried by a 3-1 vote, with Kelly NO and
Ferguson ABSENT.
B. REQUEST FOR APPROVAL OF AMENDMENT TO RESOLUTION
NO. 06-69, REMOVING DEPARTMENT OF COMMUNITY
DEVELOPMENT/PLANNING CONDITION NUMBER 11, REQUIRING THE
THREE SERVICE BAY DOORS FACING CABRILLO AVENUE TO BE
CLOSED AT ALL TIMES AND ONLY OPENED WHEN VEHICLES ARE
EXITING THE' FACILITY — PROPERTY LOCATED. AT
74-180 HIGHWAY 111 Case No. PP/CUP 05-05 and VAR 05-04
Amendment #1 (Fastlane Oil Change / Chris Jones, Applicant).
Mr. Bagato stated this item needed to be continued to September 10, 2009,
for legal notice purposes.
Mayor Spiegel declared the public hearing o0en and invited anyone who wished to
speak on this matter to do so at this time. The public hearing was left open.
Councilman Ferguson moved to, by Minute Motion, continue this public hearing to
the meeting of September 10, 2009. Motion was seconded by Finerty and carried by a 5-0
vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2012
D. REQUEST FOR APPROVAL OF A SILENT DOWN PAYMENT
ASSISTANCE LOAN FROM THE PROGRAM INCOME OF THE BUILDING
EQUITY GROWTH IN NEIGHBORHOOD GRANT (BEGIN) IN AN AMOUNT
NECESSARY TO SECURE AN AFFORDABLE HOUSING COST, NOT TO
EXCEED $10,000, ASSOCIATED WITH A DIRECT SALE IN
DESERT ROSE (APN 634-062-013).
Ms. Moore noted this item was similar to the previous item on the agenda;
however, there was only one funding source with this loan.
Mayor Pro Tem Kroonen moved to, by Minute Motion: 1) Approve a Silent Down
Payment Assistance Loan from the Program Income of the Building Equity and Growth in
Neighborhood Grant (BEGIN) in an amount necessary to secure an affordable housing
cost, not to exceed $10,000, pursuant to California Health and Safety Code Section
50052.5, as amended from time to time, for the direct sale of APN 634-062-013 in Desert
Rose; 2) approve the Affordable Housing Restriction and Lien Agreement ("AHRLA") in
favor of the City of Palm Desert ("City"), substantially as to form, and authorize the Mayor
to execute same; 3) authorize the Director of Finance to draw monies from the relative fund
to facilitate the transaction; 4) authorize the City Manager or his designee to execute and
finalize any documents necessary to effectuate the actions taken herewith — funds are
available in the BEGIN Fund, Account No. 214-4494-464-3901. Motion was seconded by
Finerty and carried by a 5-0 vote.
XV. CONTINUED BUSINESS
A. REQUEST FOR DIRECTION RELATED TO A -FRAME AND PEDESTAL
SIGNS (Continued from the meetings of August 23 and September 27,
2012).
Principal Planner Tony Bagato stated this item has been continued several
times, most recently to discuss the idea of having pedestal signs versus
A -frame signs. Staff met with three members of the El Paseo Merchants to
discuss and review photographs of pedestal signs that are currently around
El Paseo and throughout the City. Currently A -frame signs are prohibited,
which was discussed. The representatives at the meeting believed the need
for these signs had disappeared now that Ell Paseo was busier, therefore,
they focused on whether or not they should still be allowed in the summer.
He said there wasn't a preference between an A -frame and pedestal signs,
so long as there was a criteria that made them attractive. Additionally,
creating a City seal process where staff approved the signs and placed an
identifying sticker would make it easier for law enforcement to take action on
those without one. This process would require a Zoning Ordinance
Amendment, which staff can prepare at the direction of the Council as part
of the Zoning Update. It can be a separate action item to modify the
Pedestrian -oriented Signs Section to allow pedestal, A -frame, or even an
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2012
easel type of sign during the summer (June through October). Additionally,
where there is one tenant in a vacant multi -tenant building, a sign would be
allowed to help that one tenant show it was open.
Mayor Pro Tam Kroonen said he was present at the meeting, and it was
interesting that there was a quick consensus of agreement among the parties
there representing The Gardens, the west end of El Paseo, and a private
small-business owner. He was pleased to see people in agreement as to
what might be appropriately done.
Mayor Pro Tam Kroonen moved to, by Minute Motion, direct staff to modify Palm
Desert Municipal Code Section 25.68.080(G) — Pedestrian -oriented Signs. Motion was
seconded by Hamik and carried by a 5-0 vote.
B. REQUEST FOR DIRECTION TO STAFF ON THE ADMINISTRATION OF
CITY COUNCILMEMBER BENEFITS (Continued from the meetings of
August 23 and September 27, 2012).
Mr. Erwin stated the City had not received a response from Fair Political
Practices Commission (FPPC) and asked that this item be continued to the
next regular meeting.
Councilmember Finerty stated the majority of the Council wanted a
committee to review City Council's compensation package. The Council
heard loud and clear their recommendation and accepted the
recommendation regarding salary. Additionally, the Committee's
recommendation regarding medical benefits would be fair and equitable for
all Councilmembers as well. She said the Council needed to demonstrate
leadership this evening and moved to vote that medical benefits be for
Councilmembers only.
Councilmember Finerty moved to, by Minute Motion, approve Medical Insurance
Benefits for Councilmembers only. Motion was seconded by Benson.
Councilmember Hamik said it was nice to show leadership, but the Council
must abide by the law and therefore must wait for an FPPC rule.
Councilmember Finerty said the Council can make its own decision and
show its willingness to be fair to all parties and let the community know
where each Councilmember stands, because they are entitled to know, and
should the FPPC decide something else down the road, a future Council can
address it. She said this Council had waited long enough, the public had
spoken, the compensation committee had spoken, and thought there was
just reluctant Councilmembers who wanted benefits for their dependents.
• She said it was time to be fair to everyone and stop Palm Desert taxpayers
supporting dependants health insurance.
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