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HomeMy WebLinkAboutZOA 96-1 PEDESTRIAN SIGNS 1996 cR. F� CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: April 16, 1996 CASE NO: ZOA 96-1 (amending ZOA 94-3) REQUEST: Approval of a time extension for the provisions of Ordinance No. 772 which relates to signs for pedestrian traffic, special event signs, and temporary window signs . APPLICANT: City of Palm Desert I . BACKGROUND: As directed by City Council September 22, 1994, staff reconvened the sign task force. The task force met twice in November, 1994, and its recommendations were forwarded to Planning Commission. The proposed sign ordinance amendments were presented to the Planning Commission Tuesday, January 3, 1995. The matter was before City Council January 26, 1995, and eventually the ordinance was given second reading April 13, 1995 . The ordinance became effective 30 days thereafter. Due to the substantial changes that were contained therein, particularly with respect to doubling and quadrupling the size of temporary window signage, the ordinance as ordained in item #5 provided "that the amendments contained in Exhibit 'A' attached hereto shall be rescinded automatically and have no effect whatsoever one year after the effective date of this ordinance (30 days after second reading) unless the City Council acts to extend this ordinance" . II . DISCUSSION: We are fast approaching the date that this matter would be automatically rescinded. Ordinance No. 772 created criteria for controlling signs for pedestrian traffic which are primarily used along El Paseo. The ordinance also revised the special event sign provisions to allow the Chamber to designate up to four special events per year which would be allowed special banners to advertize the event. Finally, the ordinance increased the size of allowed temporary window signs from five square feet to 20 square feet or larger depending on window size. Businesses fronting on E1 Paseo were limited to ten square feet. STAFF REPORT ZOA 96-1 APRIL 16, 1996 We have contacted Bob Leo of the Chamber, Sonia Campbell of the E1 Paseo Business District, and Wayne Ramsey of the Code Compliance Department for their input as to whether this ordinance should be extended or allowed to sunset. Mrs . Campbell expressed concern that there were still a few businesses that were not in total compliance and asked if we could provide a clause allowing Code Department to confiscate these continuing problem signs . The city attorney has been looking into this and will give a report. The general feeling appears to be of acceptance of the new provisions by the business community. Staff 's observations are that we have fewer code violations and perhaps a more uniform level of window signage and pedestrian signs. Staff recommends that the sunset clause be removed from Ordinance No. 772 and the ordinance provisions become permanent. III. RECOMMENDATION: That the Planning Commission recommend to the City Council that Ordinance No. 772 be amended to delete ordained item #5 relating to the ordinance being automatically rescinded effective May 13, 1996, and that provisions of Exhibit 'A' to Ordinance No. 772 be permanent. IV. ATTACHMENTS : A. Draft resolution B. Legal notice C. Comments from city departments and other agencies Prepared by e Smit Reviewed and Approved by Philip Drell /tm 2 PLANNING COMMISSION RESOLUTION NO. i A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO ORDINANCE NO. 772 RELATING TO SIGNS. CASE NO. ZOA 96-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of April, 1996, hold a duly noticed public hearing to consider the amendment of Ordinance No. 772 relating to signs; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the Director of Community Development has determined the amendment to be a Class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the zoning ordinance text amendment: 1 . The proposed amendment relating to signs is consistent with the intent of the Zoning Ordinance and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That it does hereby recommend approval to the city council of ZOA 96-1 as provided in the attached exhibit labeled Exhibit "A„ PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of April, 1996, by the following vote, to wit: AYES: NOES : ABSENT: ABSTAIN: PAUL R. BEATY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section 1 That ordained item #5 of Ordinance No. 772 be and the same is hereby deleted from said ordinance and that the provisions of Exhibit "A" to .Ordinance No. 772 be made permanent. 2 ORDINANCE NO. 772 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT RELATING TO SIGNS, SECTION 25.68 CASE NO. ZOA 94-3 WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of January, 1995, hold a duly noticed public hearing to consider Zoning Ordinance Section 25.68 relating to signs; and WHEREAS, the Planning Commission, by Resolution No. . 1675, has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert . Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined the amendment to be' s class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2 . That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific plans . 3 . That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: A 1 . That the above recitations are true and correct and constitute the consideration of the council in this case. 2 . That it does hereby approve a Zoning Ordinance Text Amendment No. 94-3, provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code Section 25 . 68. 3. That these amendments are limited in their effect to regulating the construction of new on-premises advertising displays. A new on-premises advertising display means, for purposes of this section, a display whose structure or housing has not been affixed to its intended premises. Construction means, for purposes of this section, the .manufacturing or creation of a new on-premises advertising display. c r 73.510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 - TELEPHONE(819)346-0011 CITY OF PALM DESERT LEGAL NOTICE CASE NO. 20A 96-1 NOTICE LS HEREBY GTVaM that a public hgoeigo Will Me ha4d bef4ty th� Palm Desert PlanningCommission to consider extending the term 9 Ordinance No. 772, sign provisions related to signs for pedea•..rlpin traffic, special event signs and temporary window signs, SAID public hearing will be hold on Tuesday, April 16, 1996, at 7100 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and ple-:; all " - interested persons are invited to attend and be heard. oz!itten comments concerning all items covered by this public hearing notice .. shall be accepted up to 'the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community develof",nent/ planning 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 4-.aeone else raised at the public hearing described in this notice, or in . " written correspondence delivered to the planning commission (c - city - - council) at, or prior to, the public hearing. PUBLISH: Desert Post PHILIP DRELL, Secretar;' March 28, 1996 Palm Desert Planning Commission ORDINANCE NO. 772_ 4 . That notwithstanding the above. noted section limiting the effect of these amendments, any illegally installed signs may be abated pursuant to Section 25.68. 5. That the amendments contained in Exhibit "A" attached hereto shall be rescinded automatically and have no effect whatsoever one year after the effective date of this ordinance (i.e. 30 days after second reading) unless the city council acts to extend this ordinance. 6 . The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this nth_ day of _Ap.;i , 1995, by the following vote, to wit: AYES: KELLY, SPIEGEL, CRITES NOES: NONE ABSENT: BENSON, SNYDER ABSTAIN: NONE i BUFORD CRITES, Mayor ATTEST: SHEILA R. GI11.IGAN,/Pty Clerk City of Palm Desert/, California 2 - ORDINANCE NO. 772 - EXHIBIT "A" Section 1 That section 25.68.340 Signs for pedestrian traffic be and the same is hereby amended as follows: 25.68.330 Sign for pedestrian traffic. A. Where the principal sign for a business is located so that it cannot be seen by pedestrian traffic, an identification sign, in addition to that otherwise allowed in this chapter, shall be permitted. Such a sign shall be no larger than three square feet (three feet on each side) and it shall be designed and located so as to not distract from the appearance of the building or chapter. (Ord. 129 ss 4i(part) , 1977: Ord. 98 s the intent of s 1 (part) , 1975: Exhibit A as 25.38-12.05) B. Businesses in the commercial and industrial districts may place a pedestal mounted "open" sign with a maximum height of 54 inches and maximum face area of 3 square feet in front of their place of business. Said sign must be placed on private property in a location which does not impede pedestrian traffic flow. Said signs shall not include extraneous verbiage advertising the business, specials or sales events. Said signs must be removed when the business is not open for business. For businesses on E1 Paseo between Portola Avenue and Highway. 74 , the following additional restrictions shall apply: 1. Signs permitted ,under this section shall be limited to the word "open" and the business name only. 2. Letter style shall not be restricted; logos are not permitted. 3. Signs must be square or rectangular in shape. 4 . Signs must be in two colors only, excluding florescent colors; black and white will be considered colors and sign shall not contain extraneous decoration. 3 ORDINANCE No. 772 ' e� 5. Signs shall be mounted on a monochromatic pedestal using one of the two sign colors. 6 . Signs shall be professionally manufactured and well maintained at all times. Section 2 That section 25.68.350 Special event signs be and the same is hereby amended as follows: 25 .68 .350 Special event signs. A. With the approval Of the director of community development, a business may erect one temporary sign, mounted on a wall facia or freestanding, advertising special events, promotions or sales. The director may approve up to thirty square feet of sign area depending upon the type of event, building design and right-of- way frontage for a period not to exceed thirty days per year. Signs approved under this section shall be compatible and harmonious with the color of the building and adjacent buildings. When improperly used, special event signs constitute a public nuisance and may be abated. Special event signs for periods in excess of thirty days may only be permitted pursuant to a resolution of the city council granting such approval which shall specify the period during which the sign may be displayed. (Ord. 587 ss 2 (Exhibit A ss 13) , 1989 ; Ord. 422 Exhibit A ss 7 , 1985: Ord. 272 (part) , 1981; Ord. 129 ss 4 (part) , 1977 : Ord. 98 ss 1 (part) , 1975 : Exhibit A ss 25.28-12 .08) B. The Palm Desert Chamber of Commerce may designate, subject to city council affirmation, up to four (4) special events . per year which its membership wishes to promote through the use of special event banners. Said chamber of commerce to design and make available to businesses in the city for a fee a special event banner which may be installed up to seven (7) days prior to the designated event, during the designated special event and for up to seven (7) days after the conclusion of the designated special event, for a total time period not to exceed 30 days. 4 ORDINANCE NO. 772 Said special event banners shall not exceed 20 square feet in area. Design of said special event banners shall be reviewed and approved by the city prior to distribution by the chamber. Once the design has been approved by the city, said special event banners may be installed on private property without further approval or permit from the city. Section 3 That section 25.68.340 Temporary signs within window areas be and the same is hereby amended as follows: A. On E1 Paseo between Portola Avenue and Highway 74 temporary informational signs not to exceed ten ( 10) square feet of the window area may be placed on the inside of said window and shall not require prior approval of the city. B. In the general commercial (other than the area described in section A above) , planned commercial and service industrial districts businesses shall be entitled to a basic twenty (20) square feet of temporary informational window signage which may be placed on the inside of said windows without the prior approval of the city. C. Businesses falling under section "B" above, which have greater than 50 feet of linear window exposure shall be entitled to up to 50 square feet of temporary window signage. Businesses having greater than 150 feet of linear window exposure shall be entitled to up to 75 square feet of temporary window signage. D. Businesses falling under section "B" and "C" above which are set back more than 250 feet from a public right-of-way (street) may double their otherwise entitled temporary window signage. Businesses falling under section "B" and "C" above which are set back more than 600 feet from a public right-of-way (street) may triple their otherwise entitled temporary window signage. E. Notwithstanding the above sections A, B, C and D, in no event may temporary window signage exceed 40% of the window area of the business. 5 f MAR. -22' 96(FRI) 11 :29. PALM DESERT CHAMBER TEL:619-346-3263_ _ _ P. 001 ti F F 9 . a � Ct�ntvIDFR^COKI,ICE RECEIVIED MAR u 2 1996 GvniANITY DEVELOPMENT r^r-,?'AE67 CVOFPALMDS : March 22, 1996 To: Steve Smith From: Bob Leo In response to you questions concerning the effectiveness of Ordinance 772, the Chamber has not received any complaints from merchants. In fact, the regulations seem to be working well. Periodically, I spot check merchant areas and have found general compliance. However, please check with the El Paseo Business Association , Sonia Campbell indicates there may be a need for stronger enforcement. If I can help you in any way, please contact me. 72-990 HIGHWAY 111,PALM DESERT,CALMORMA 92260 PHONE 619.346.6111 PAX 619-W 3263 c RECEIVED INTEROFFICE MEMORANDUM MAR 2 2 1996 , City of Palm Desert COMMUNRYDEYELOPMENTDEPARNEM CRY OF PALM DESERT TO: PHIL DRELL, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: WAYNE RAMSEY, DIRECTOR OF CODE COMPLIANCE SUBJECT: ORDINANCE 772 - SIGNAGE DATE: MARCH 22 , 1996 The Code Compliance Department has had minimal complaints and/or enforcement problems regarding signage since the enactment of Ordinance 772 . It appears that the merchants appreciate the amendments to the signage ordinance, and have been more responsive to keeping their signage within the parameters outlined. The recommendation of this department would be that Ordinance 772 be incorporated as part of the PDMC. �uC 1'j �2 L - WAYNE L. RAMSEY DIRECTOR OF CODE COMP ANCE /fr ' r CITY OF PALM DESERT 1 DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I . TO: Honorable Mayor and City Council II . REQUEST: Consideration of approval of an extension in the term of Ordinance No. 772, Sign Provisions, related to signs for pedestrian traffic, special event signs and temporary window signs . III. APPLICANT: City of Palm Desert IV. CASE NO: ZOA 96-1 V. DATE: May 9, 1996 VI. CONTENTS : A. Staff Recommendation B. Discussion C. Draft Ordinance No. 802 D. Planning Commission Minutes involving Case No. ZOA 96-1 E. Planning Commission Resolution No. 1738 F. Planning Commission Staff Report dated April 16, 1996 G. Related maps and/or exhibits ---------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. 802 to second reading. B. DISCUSSION: Ordinance No. 772 which expanded the use of pedestrian signs , special event signs and temporary window signs was approved by city council April 13, 1M . Ordinance No. 772 contains a sunset clause which rescinds the ordinance unless the city council acts to extend Ordinance No. 772 . Ordinance No. 772 will be rescinded effective May 13, 1996 unless it is extended. The Planning Commission has reviewed the matter and recommends that the provisions of Ordinance No. 772 be made permanent. As well, we obtained comments from Bob Leo at the Chamber, Sonia Campbell of the E1 Paseo Business Association, and Wayne Ramsey of Code Compliance Department . Each felt that the ordinance was working and had been accepted by the business community. Actual comments from these people is contained in the planning commission t STAFF REPORT ZOA 96-1 MAY 91 1996 staff report (attached) . At planning commission, Commissioner Campbell inquired if it were possible for Code Compliance staff to confiscate open signs which did not meet the letter of the ordinance. The city attorney advised that signs located on private property cannot be removed without due process. (see planning commission minutes) . Planning commission by its Resolution No. 1738 on a 5-0 vote has recommended that the sunset clause be deleted and that the provisions of Exhibit 'A' of Ordinance No. 772 be made permanent. Prepared by: Steve Smit - - Reviewed and Approved by. Phil Mrell /tm i /. . . . ..;,.;i 10 ✓ " TJ 2ND READING SZ3 Q� C-T"TY COUNCILACTION: APPROVED . ✓ DENIED R; C 1VED OTHER --"� s _ -- DZATEE � - -- - . _ __ __ `116 4v ti s: �'i,,ii C�.�tk 7 •Jt c - ti 2 ORDINANCE NO. go? AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO ORDINANCE SECTION 25 . 68 . CASE NO. ZOA 96-1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th day of May, 1996, hold a duly noticed public hearing to consider extending the provisions of Ordinance No. 772; and WHEREAS, the Planning Commission, by Resolution No. 1738, has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89 , " in that the director of community development has determined the amendment to be a class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments , if any, of all interested persons desiring to be heard, said city council did find the following facts . to justify its action as described below: 1 . That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2 . That the 'Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific plans . 3 . That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare than the current regulations . NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the consideration of the council in this case. 2 . That Section 5 ordained by city council in Ordinance No. 772 is hereby repealed. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 23rd day of May 1996 , by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SPIEGEL, SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE 4110v✓ WALTER H. SNYDER;' Ma r ATTEST: /SHEILA R. GILLIGAN, , C'ty Clerk City of Palm Desert;; California CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval of an extension in the term of Ordinance No. 772 , Sign Provisions, related to signs for pedestrian traffic, special event signs and temporary window signs . III . APPLICANT: City of Palm Desert IV. CASE NO: ZOA 96-1 V. DATE: May 9, 1996 VI . CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. 802 D. Planning Commission Minutes involving Case No. ZOA 96-1 E. Planning Commission Resolution No. 1738 F. Planning Commission Staff Report dated April 16, 1996 G. Related maps and/or exhibits ---------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. 802 to second reading. B. DISCUSSION: Ordinance No. 772 which expanded the use of pedestrian signs, special event signs and temporary window signs was approved by city council April 13, 1995 . Ordinance No. 772 contains a sunset clause which rescinds the ordinance unless the city council acts to extend Ordinance No. 772 . Ordinance No. 772 will be rescinded effective May 13, 1996 unless it is extended. The Planning Commission has reviewed the matter and recommends that the provisions of Ordinance No. 772 be made permanent. As well, we obtained comments from Bob Leo at the Chamber, Sonia Campbell of the E1 Paseo Business Association, and Wayne Ramsey of Code Compliance Department. Each felt that the ordinance was working and had been accepted by the business community. Actual comments from these people is contained in the planning commission t Y� STAFF REPORT ZOA 96-1 MAY 9, 1996 staff report (attached) . At planning commission, Commissioner Campbell inquired if it were possible for Code Compliance staff to confiscate open signs which did not meet the letter of the ordinance. The city attorney advised that signs located on private property cannot be removed without due process. (see planning commission minutes) . Planning commission by its Resolution No. 1738 on a 5-0 vote has recommended that the sunset clause be deleted and that the provisions of Exhibit 'A' of Ordinance No. 772 be made permanent. Prepared by: Steve SmithC - Reviewed and Approved byCZ:��Aj� Phil Mrell /tm ✓ :,+i;:::TO MD READING Q Z3 2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I . TO: Honorable Mayor and City Council II . REQUEST: Consideration of approval of an extension in the term of Ordinance No. 772, Sign Provisions, related to signs for pedestrian traffic, special event signs and temporary window signs . III . APPLICANT: City of Palm Desert IV. CASE NO: ZOA 96-1 V. DATE: May 9, 1996 VI . CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 96-1 E. Planning Commission Resolution No. 1738 F. Planning Commission Staff Report dated April 16, 1996 G. Related maps and/or exhibits ------------------------------------------------------------------ A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. to second reading. B. DISCUSSION: Ordinance No. 772 which expanded the use of pedestrian signs, special event signs and temporary window signs was approved by city council April 13, 1995 . Ordinance No. 772 contains a sunset clause which rescinds the ordinance unless the city council acts to extend Ordinance No. 772. Ordinance No. 772 will be rescinded effective May 13, 1996 unless it is extended. The Planning Commission has reviewed the matter and recommends that the provisions of Ordinance No. 772 be made permanent. As well, .we obtained comments from Bob Leo at the Chamber, Sonia Campbell of the El Paseo Business Association, and Wayne Ramsey of Code Compliance Department. Each felt that the ordinance was working and had been accepted by the business community. Actual comments from these people is contained in the planning commission STAFF REPORT ZOA 96-1 MAY 9 , 1996 staff report (attached) . At planning commission, Commissioner Campbell inquired if it were possible for Code Compliance staff to confiscate open signs which did not meet the letter of the ordinance. The city attorney advised that signs located on private property cannot be removed without due process (see planning commission minutes) . Planning commission by its Resolution No. 1738 on a 5-0 vote has recommended that the sunset clause be deleted and that the provisions of Exhibit 'A' of Ordinance No. 772 be made permanent. Prepared by: , z�— jw-gA- Steve Smith � Reviewed and Approved by--z� Phil Drell /tm 2 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO ORDINANCE SECTION 25.68 . CASE NO. ZOA 96-1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th day of May, 1996 , hold a duly noticed public hearing to consider extending the provisions of Ordinance No. 772 ; and WHEREAS, the Planning Commission, by Resolution No. 1738, has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined the amendment to be a class 5 categorical exemption; and WHEREAS,. at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2 . That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific plans . 3 . That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the consideration of the council in this case. 2 . That Section 5 ordained by city council in Ordinance No. 772 is hereby repealed. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of 1996, by the following vote, to wit: AYES : NOES : ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PLANNING COMMISSION RESOLUTION NO. 1738 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT TO THEY CITY COUNCILDESERT, APPROVAL R , OF OF ANECAME EN NMDEINGG TO ORDINANCE NO. 772 RELATING TO SIGNS. CASE NO. ZOA 96-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of April, 1996, hold a duly noticed public hearing to consider the amendment of Ordinance No. 772 relating to signs; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 95-105," in that the Director of Community Development has determined the amendment to be a Class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the zoning ordinance text amendment: 1. The proposed amendment relating to signs is consistent with the i ntent of the Zoning Ordinance and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the constitute the vfindings aofo ns are true d correct and the commission inthiscase. 2 . That it does hereby recommend approval to the city council of ZOA 96-1 as provided in the attached exhibit labeled Exhibit "A, PASSED, APPROVED and ADOPTED at 'a regular meeting of the Palm Desert Planning Commission, held on this 16th day of April, 1996 , by the following vote, to wit: AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES: NONE ABSENT: NONE ABSTAIN: NONE,,( 2. PAUL R. BEATY, Chairper on ATTEST: �— PHILIP DRE , ecretary Palm Deser Planning Commission PLANNING COMMISSION RESOLUTION NO. 1738 EXHIBIT "A" Section 1 That ordained item #5 of Ordinance No. 772 be and the same is hereby deleted from said ordinance and that the provisions of Exhibit "A" to Ordinance No. 772 be made permanent. 2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: April 16 , 1996 CASE NO: ZOA 96-1 (amending ZOA 94-3) REQUEST: Approval of a time extension for the provisions of Ordinance No. 772 which relates to signs for pedestrian traffic, special event signs, and temporary window signs . APPLICANT: City of Palm Desert I. BACKGROUND: As directed by City Council September 22 , 1994, staff reconvened the and its nrecommendations h were forwarded to Planning Commission. 4 � task force. Commission9 The proposed sign ordinance amendments were presented to the Planning Commission Tuesday, January 3, 1995 . The matter was before City Council January 26, 1995, and eventually the ordinance was given second reading April 13 , 1995. The ordinance became effective 30 days thereafter. Due to the substanti.a_'• changes lin that and were contained the sizein, �p o doub particularly with re._� ect t 4 g tempra temporary windo�� signage, the ordinance as ordained in of ached p Exhibit A provided "that the amendments contained in shallhereto rescinded automatically whatsoever one year after the effective date of this ordinance (30 days after second reading) unless the City Council acts to extend this ordinance" . II . DISCUSSION: We are fast approaching the date that this matter would be automatically rescinded. Ordinance No. 772 created criteria for controlling signs for pedestrian traffic which are primarily used along lionsasto allow ordinance also revised the special event sign p the Chamber to designate up to four special events per year which would be allowed special banners to advertize the event. Finally, the ordinance increased the size of allowed temporary window signs from five square feet to 20 square feet or larger depending on window size. Businesses fronting on E1 Paseo were limited to ten square feet. r FF REPORT 96-1 IL 16, 1996 We have contacted Bob Leo of the Chamber, Sonia Campbell of the E1 Paseo Business District, and Wayne Ramsey of the Code Compliance Department for their input as to whether this ordinance should be extended or allowed to sunset. Mrs . Campbell expressed concern that there were still a few businesses that were not in total compliance and asked if we could provide a clause allowing Code Department to confiscate these continuing problem signs. The city attorney has been looking into this and will give a report. The general feeling appears to be of acceptance of the new provisions by the business community. Staff' s observations are that we have fewer code violations and perhaps a more uniform level of window signage and pedestrian signs. Staff recommends that the sunset clause be removed from ordinance No. 772 and the ordinance provisions become permanent. III. RECOMMENDATION: That the Planning Commission recommend to the City Council that Ordinance No. 772 be amended to delete ordained item #5 relating to the ordinance being automatically rescinded effective May 13, 1996 , and that prov.41. ions of Exhibit 'A' to Ordinance No. 772 be permanent. IV. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies Prepared by Sr�eve SmitT, Reviewed and Approved by Philip Drell /tm 2 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO ORDINANCE NO. 772 RELATING TO SIGNS. CASE NO. ZOA 96-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of April, 1996, hold a duly noticed public hearing to consider the amendment of Ordinance No. 772 relating to signs ; and WHEREAS, said application has complied with the requirements of the City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the Director of Community Development has determined the amendment to be a Class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission. did find the following facts and reasons to exist to recommend approval of the zoning ordinance text amendment: 1 . The proposed amendment relating to signs is consistent with the intent of the Zoning Ordinance and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That it does hereby recommend approval to the city council of ZOA 96-1 as provided in the attached exhibit labeled Exhibit "A" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of April, 1996 , by the following vote, to wit: AYES : NOES: ABSENT: ABSTAIN: PAUL R. BEATY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section 1 That ordained item 05 of Ordinance No. 772 be and the same is hereby deleted from said ordinance and that the provisions of Exhibit "A" to Ordinance No. 772 be made permanent. 2 F 1U qmw 73-510 FRED WARING DRIVE,PALM DESERT.CALIFORNIA92260 _ TELEPHONE(819)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 96-1 NOTICE IS HEREBY OIVl1N that a Rubilc h*aring rlli ps he�a bet:--r SN _ Palm Desert Planning Commission to consider extending the 1 o Ordinance No. 772, sign provisions related to signs for pad inn traffic, special event signs and temporary window signs. ( SAID public hearing will be held on Tuesday, April 16, 1996, 7100 P.m. in the Council Chamber at the Palm Desert Civic Center, . '-010 Fred Waring Drive, palm Desert, California, at which time and p:_ + all .. interested persontten s are all itemsecovered to tby this tend dp blic be ehearinc, •Rice comments concerning shall be accepted up to 'the date of the hearing. Iratimotion concerning the proposed project and/or negative dec larnti^r is available for review in the department of community deve-O gent/ planning at the above address between the hours of 8:00 a.m. ar4 5:00 p.m. Monday through Friday. If you challenge the proposed act :.. 1s in court, you may be limited to raising only those issues you Or .�eone r in else raised at the public hearing described in this notice, city written ouncil)cat1eoropriore delivered to the planning commission tot the public hearing, Post PHILIP DRELL, Secrete:, PUBLISH: Desert March 2Po 1996 Palm Desert Planning Cow:,jgsion ORDINANCE NO. 772_ AN ORDINANCE OF THE DESERT CO NCILCALI OF THE CITY OF PALM DESERT, THE ZONING APPROVING AN AMENDMENT ORDINANCE TEXT RELATING TO SIGNS, SECTION. 25.68 CASE NO. ZOA 94-3 the City Council of the City of Palm Desert, California, WHEREAS, 1995, hold. a duly noticed public did on the 26th day of January, to signs; hearing to consider Zoning Ordinance Section 25.68 relating and ssion, by Resolution NO. 1675, has WHEREAS, the Planning Commi recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California 80-89,11 in that of communityldevellopment hase determined the amendment to bee di Act, rector categorical exemption; and ll WHEREAS, at said public hearing, upon hearing and consideringo be testimony arguments, if any, of all interested persons desiring heard, said city council did find the following facts to jgstify its action as described below: 1. That the Zoning Ordinance Amendment dme t is consistent with the objectives of the Zoning Ordinance. 2 . That the Zoning onin Ordinance Amendment is consistent with the adopted General Plan and. affected specific plans . rve the 3 . That c h Zoning ordinance and Amendment general welfare thanwould the current public health, safety, regulations. NED by the City Council of the City of NOW, THEREFORE, BE IT ORDAI Palm Desert, as follows: , re 1 . That the abo constitute thevconsiderations a re of the true n correct council in this case. 2 . That it does hereby approve a I.Zoning Ordinance Text Amendment No. 94-3, provided in the attached exhibit, labeled Exhibit "A" , to amend Municipal Code Section 25.68. 3 . That these amendments are limited in their effect to regulating the construction of new on-premises advertising displays. A new on-premises advertisingdispl structure for purposes of this section, a display housing has not been affixed to itssf inlendeSe p em 5e the Construction means, for purposes manufacturing or creation of a new on-premises advertising disDlay. ORDINANCE NO. Ste_ 4 . That notwithstanding the above. noted section limiting the effect of these amendments, any illegally installed signs may be abated pursuant to Section 25.68. 5 . That the amendments contained in Exhibit Aand have attached no hereto effect . shall be rescinded automatically whatsoever one year after the effective date of this ordinance (i.e. 30 days after second reading) unless the city council acts to extend this ordinance. 6 . The City Clerk of the City of Palm Desert, California, is hereby directed to publish general this airiculation, the published Desert and Post, a newspaper of circulated l in the City Of Palm force an effective thirty (30)o days after h be in full d its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of he Palm Desert City Council, held on this y3 - ----_r the following vote, to wit: AYES: KELLY, SPIEGEL, CRITES NOES: NONE ABSENT: BENSON, SNYDER ABSTAIN: NONE t BUFORD CRITES, Mayor ATTEST: / SHEILA R. -GILLIGAid,'f�ity Clerk City of Palm Desert; California 2 ORDINANCE NO. 772 ExKIBIT "A" Section 1 s for pedestrian traffic be and the That section e ded as 40 Sign follows= same is hereby am 25.68.330 Sign for pedestrian traffic. A. Where the principal sign for a business is located so that it cannot be seen by pedestrian traffic, an identification sign, in addition to l be that otherwise- allowed i shall be anoelargerlthan permitted. Such a sign and it three square feet (three feet on each side)to not shall be designed,. anarlocate cofd the as or distract from the app 129 as violate the intent t Ord0 98 as 1 part) . 1975•F�ibit A ss 25.36-12.05) B. Businesses in the commercial and mounted "openstrial sign districts may place a pedestal with a maximum height of 54 inches and maximum face area of 3 square feet at front of be placed oniprivate of business. said sr place ign property in a location which does n s ow. Said signs shall not pedestrian traffic fl include extraneous verbiage advertising the . said ns mustnbes, specials or sales even remo removed when the businesstis note openlfor business. For businesses on El P following additional Avenue and Highway 74, therestrictions shall apply_ 1. Signs permitted under this section shall be limited to the word "open" and the business name only. 2. Letter style shall not be restricted; logos are not permitted. 3." Signs must be square or rectangular in shape. 4 . Signs must be in two colors only, excluding black anwhite florescent colors; shall not will contain considered colors and sign extraneous decoration. 3 ORDINANCE NO. 772 e: 5. Signs shall be mounted on a monochromatic pedestal using one of the two sign colors. 6., signs shall be professionally manufactured and well maintained at all times. Section 2 That section 25.68.350 special event signs be and the same is hereby amended as follows: 25 .68.350 Special event signs. A. With the approval of the director Of one community development, a business may a or temporary sign, mounted on a wall fact freestanding, advertising special events, promotions or sales. The director may approve up . to thirty square feet ,of sign area depending upon the type of event, building design and right-of- way frontage for a period not to exceed thirty days per year. Signs approved under this section shall be compatible and harmonious with the color of the building and adjacent buildinconstit to a improperly used, special event signs public nuisance and may be abated. Special event signs for periods in excess of thirty days may only be permitted pursuant to a resolution of the city cou=il granting such approval which shall SP8cifY the period during which the sign mai989 , Ord. 422 be displayed. (Ord. 587 as 2 (Exhibit A ss 13) , Exhibit A ss 7, 1985: Ord. 272 (part) , 1981; Ord. 129 ss 4 (part) , 1977: Ord. 98 ss 1 (pa Exhibit A as 25.28-12.08) 0 B. The Palm Desert Chamouncilfafcommerce may up designate, subject to city year which its to four (4) special events, .. per Y membership wishes to promote through the use of special event banners. Said chamber of commerce to design and make available to businesses in the city for a fee a special event banner which may be installed up to seven ( the ddesi prior ated special designated event, during days after the event and for up to seven (7) conclusion of the designated special event, for a total time period not to exceed 30 days. 4 ORDINANCE NO. 772 Said special event banners shall not exceed 20 square feet in area. Design of said special event banners shall be reviewed and approved by the city prior to distribution by the chamber. Once the design has been approved by the city, said special event without may, be installed on further approval or private property permit from the city. Section 3 signs within window areas be and That section 25.68.340 Temporary 9n the same is hereby amended as follows.: A. On E1 Paseo between Portola Avenue and Highway 74 temporary informational signs not to exceed ten ( 10) square feet of the window area may be placed on the inside of said window and shall not require prior approval of the city. B. In the general commercial (other than the area described in section A above) , planned commercial and service industrial districts businesses shall be entitled to a basic twenty (20) square feet of temporary informational window signage which may be placed on the inside of said windows without the prior approval of the city. C . Businesses falling under section "B" above, which have greater than 50 feet of linear window exposure shall be entitled to up to 50 square feet of temporary window signage. Businesses having greater than 150 feet of linearwindow square feet exposure shall be entitled to up to of temporary window signage. D. Businesses falling under P section "B" and "C" above which are set back more than 250 feet double from a their public right-of-way (street) indow signage. otherwise entitled temporarygna4 Businesses falling under section "B" and "C" above which are set back more than 600 feet from a may triple their public right-of-way (street) indow signage. otherwise entitled temporary gnag E. Notwithstanding the above sections A, B, C and D, in no event may temporary window signage the business. exceed 40% of the window area of 5 DIAR. -22' 961FRI 111 :29 PALM OESFRT CHA!UER TEL 619-Y'-3263 _ _ _ P. 001 ti F f � CHAWER-CO1vNOCE RECEIVIED NIAR z 2 1996 �M�!uRITY OEYELOPMENr I`^�.-:,!F.Vi CRYCP PALM 0. : March 22, 1996 To: Steve Smith From: Bob Leo In response to you questions concerning the effectiveness of Ordinance 772, the Chamber has not received any complaints from merchants. In fact, the regulations seem to be working well. Periodically, I spot check merchant areas and have found general compliance. However, please check with the El Paseo Business Association , Sonia Campbell indicates there may be a need for stronger enforcement. If I can help you in any way, please contact me. 2-990 HIGHWAY 111,PALM DESERT, CALIFORNIA 92260 PHONE 619 346.6111 PAX 619-U6.3263 RECEIVED INTEROFFICE MEMORANDUM MAR 22 1996 City of Palm Desert COMMM oCffY�OP DEPARTMENT ALM DESERT TO: PHIL DRELL, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: WAYNE RAMSEY, DIRECTOR OF CODE COMPLIANCE SUBJECT: ORDINANCE 772 - SIGNAGE DATE: MARCH 22, 1996 The Code Compliance Department has had minimal complaints and/or enforcement problems regarding signage since the enactment of Ordinance 772 . It appears that the merchants appreciate the amendments to the signage ordinance, and have been more responsive to keeping their signage within the parameters outlined. The recommendation of this department would be that Ordinance 772 be incorporated as part of the PDMC. WAYNE 1. RAMSEY DIRECTOR OF CODE COMP ANCE /fr �T� City of Pm Desert Council Agenda Request Meeting of YOW y 1. To be considered under. Consent Calendar_ Resolutions_ Ordinances New Business_ Old Business_ Informational Items_ Public Hearings Other= 2. Item Title: , Consideration of approval of an extensibn"Tn+h'r term of Ordinance No. - 772, Sign ProvisionlS related to signs for pedestrian traffic, speciAL, event signs and temporary window signs.__--. �---- 3. Financial: (Complete if applicable) (a) AccountTroject# (b) Amount Requested (c) In the Current Budget? (c) Appropriation Required? Approved by Director of Finance: 4. Submitted by: 5. Approvals: Department Head City Manager CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I . TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval -of an extension in the term of Ordinance No. 772, Sign Provisions , related to signs for pedestrian traffic, special event signs and temporary window signs. III . APPLICANT: City of Palm Desert IV. CASE NO: ZOA 96-1 V. DATE: May 9, 1996 VI . CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 96-1 E . Planning Commission Resolution No. 1738 F. Planning Commission Staff Report dated April 16, 1996 G. Related maps and/or exhibits ---------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. to second reading. B. DISCUSSION: Ordinance No. 772 which expanded the use of pedestrian signs, special event signs and temporary window signs was approved by city council April 13, 1995 . Ordinance No. 772 contains a sunset clause which rescinds the ordinance unless the city council acts to extend Ordinance No. 772 . Ordinance No. 772 will be rescinded effective May 13, 1996 unless it is extended. The Planning Commission has reviewed the matter and recommends that the provisions of Ordinance No. 772 be made permanent. As well, we obtained comments from Bob Leo at the Chamber, Sonia Campbell of the El Paseo Business Association, and Wayne Ramsey of Code Compliance Department. Each felt that the ordinance was working and had been accepted by the business community. Actual comments from these people is contained in the planning commission STAFF REPORT ZOA 96-1 MAY 9 , 1996 staff report (attached) . At planning commission, Commissioner Campbell inquired if it were possible for Code Compliance staff to confiscate open signs which did not meet the letter of the ordinance. The city attorney advised that signs located on private property cannot be removed without due process (see planning commission minutes) . Planning commission by its Resolution No. 1738 on a 5-0 vote has recommended that the sunset clause be deleted and that the provisions of Exhibit 'A' of Ordinance No. 772 be made permanent. Prepared by: Steve Smith ' Reviewed and Approved by: Phil Drell /tm 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY. OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO ORDINANCE SECTION 25.68. CASE NO. ZOA 96-1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th day of May, 1996, hold a duly noticed public hearing to consider extending the provisions of Ordinance No. 772; and WHEREAS, the Planning Commission, by Resolution No. 1738, has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89 , " in that the director of community development has determined the amendment to be a class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2 That adoptedeGene al Plan and a Ordinanceff c de specific plans.mendmnt is with the 3 . That the Zoning Ordinance Amendment general welfare thane serve the public health, safety, and ent regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the consideration of the council in this case. 2 . That Section 5 ordained by city council in Ordinance No. 772 is hereby repealed. PASSED, APPROVED AND ADOPTED at a regular meeting alm 1fthe y the Desert City Council, held on this day of following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California n I _ l City of Pala Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: April 18, 1996 City of Palm Desert Re: ZOA 96-1 (Amending ZOA 94-3) The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of April 16, 1996 . PLANNING COMMISSION RECOMMENDED APPROVAL OF ZOA 96-1 TO CITY COUNCIL BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 1738. CARRIED 5-0. Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen ( 15) days of the date of the decision. HILIP II�� PALM DES RT PLANNING COMMISSION PD/tm cc : Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal Pepin PLANNING COMMISSION RESOLUTION NO. 1738 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO ORDINANCE NO. 772 RELATING TO SIGNS. CASE NO. ZOA 96-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of April, 1996, hold a duly noticed public hearing to consider the amendment of Ordinance No. 772 relating to signs; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 95-105, " in that the Director of Community Development has determined the amendment to be a Class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the zoning ordinance text amendment: 1. The proposed amendment relating to signs is consistent with the intent of the Zoning Ordinance and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the 3 City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby recommend approval to the city council of ZOA 96-1 as provided in the attached exhibit labeled Exhibit "A" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of April, 1996 , by the following vote, to wit: AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES: NONE ABSENT: NONE ABSTAIN: NONE V 2. PAUL R. BEATY, Chairperson ATTEST: q�! PHLIP DR ecretary Palm Deser Planning Commission PLANNING COMMISSION RESOLUTION NO. 1738 EXHIBIT "A" Section 1 That ordained item #5 of Ordinance No. 772 be and the same is hereby deleted from said ordinance and that the provisions of Exhibit "A" to Ordinance No. 772 be made permanent. 2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: April 16, 1996 CASE NO: ZOA 96-1 (amending ZOA 94-3) REQUEST: Approval of a time extension for the provisions of Ordinance No. 772 which relates to signs for pedestrian traffic, special event signs, and temporary window signs. APPLICANT: City of Palm Desert I. BACKGROUND: As directed by City Council September 22, 1994 , staff reconvened the sign task force. The task force met twice in November, 1994, and its recommendations were forwarded to Planning Commission. The proposed sign ordinance amendments were presented to the Planning Commission Tuesday, January 3, 1995. The matter was before City Council January 26, 1995, and eventually the ordinance was given second reading April 13, 1995 . The ordinance became effective 30 days thereafter. Due to the substantial changes that were contained therein, particularly with respect to doubling and quadrupling the size of temporary window signage, the ordinance as ordained in item #5 provided "that the amendments contained in Exhibit 'A' attached hereto shall be rescinded automatically and have no effect whatsoever one year after the effective date of this ordinance ( 30 days after second reading) unless the City Council acts to extend this ordinance" . II . DISCUSSION: We are fast approaching the date that this matter would be automatically rescinded. Ordinance No. 772 created criteria for controlling signs for pedestrian traffic which are primarily used along E1 Paseo. The ordinance also revised the special event sign provisions to allow the Chamber to designate up to four special events per year which would be allowed special banners to advertize the event. Finally, the ordinance increased the size of allowed temporary window signs from five square feet to 20 square feet or larger depending on window size. Businesses fronting on El Paseo were limited to ten square feet. STAFF REPORT ZOA 96-1 APRIL 16, 1996 We have contacted Bob Leo of the Chamber, Sonia Campbell of the E1 Paseo Business District, and Wayne Ramsey of the Code Compliance Department for their input as to whether this ordinance should be extended or allowed to sunset. Mrs . Campbell expressed concern that there were still a few businesses that were not in total compliance and asked if we could provide a clause allowing Code Department to confiscate these continuing problem signs. The city attorney has been looking into this and will give a report. The general feeling appears to be of acceptance of the new provisions by the business community. Staff ' s observations are that we have fewer code violations and perhaps a more uniform level of window signage and pedestrian signs . Staff recommends that the sunset clause be removed from Ordinance No. 772 and the ordinance provisions become permanent. III. RECOMMENDATION: That the Planning Commission recommend to the City Council that Ordinance No. 772 be amended to delete ordained item #5 relating to the ordinance being automatically rescinded effective May 13, 1996, and that provisions of Exhibit 'A' to Ordinance No. 772 be permanent. IV. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies Prepared by 'SfkeyWSmit Reviewed and Approved by Philip Drell /tm 2 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO ORDINANCE NO. 772 RELATING TO SIGNS. CASE NO. ZOA 96-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of April, 1996, hold a duly noticed public hearing to consider the amendment of Ordinance No. 772 relating to signs; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89 , " in that the Director of Community Development has determined the amendment to be a Class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the zoning ordinance text amendment: 1 . The proposed amendment relating to signs is consistent with the intent of the Zoning Ordinance and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That it does hereby recommend approval to the city council of ZOA 96-1 as provided in the attached exhibit labeled Exhibit "A" PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of April, 1996, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: PAUL R. BEATY, Chairperson ATTEST: PHILIP .DRELL, Secretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section 1 That ordained item #5 of Ordinance No. 772 be and the same is hereby deleted from said ordinance and that the provisions of Exhibit "A" to Ordinance No. 772 be made permanent. 2 i Elf C�B4� a 73.510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 — TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 96-1 NOTICE TO HEREBY q#upN that a Pubilc hgCoigq WAIT go ha A 1aelv-: v th _ - - Palm Desert .Planning COMMiseion to consider extending the sr a-- y.F Ordinance No. 772, sign provisions related to signs for pod : On traffic, special event signs and temporary window'signs. SAID public hearing will be held on Tuesday, April 16, 1996, 'a, 7100 p.m. in the Council Chamber at the Palm Desert Civic Center, Fred Waring Drive, Palm Desert, California, at which time and pl:, all interested persons are invited to attend and be heard ••-. tten comments concerning all it2ms covered by this public hearinr, -otice shall be accepted up to 'the date of the hearing. Inlfo:�rsr_tion concerning the proposed project and/or negative declarat'ac is available for review in the department of community deve:.b;;^ent/ planning at the above address between the hours of 8:00 a.m. ar•'! 5:00 _ p.m. Monday through Friday. If you challenge the proposed act.icna in . = - court, you may be limited to raising only those issues you or �--vneone else raised at the public hearing described in this notice, rr in written correspondence delivered to the planning commission (c - city council) at, or prior to, the public hearing. PUBLISH: Desert Post PHILIP DRELL, Secreta�:;' March 28, 1996 Palm Desert Planning Cosrriesion ORDINANCE NO. 77z_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT RELATING TO SIGNS, SECTION 25.68 CASE NO. ZOA 94-3 WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of January, 1995, hold a duly noticed public hearing to consider Zoning Ordinance Section 25.68 relating to signs; and WHEREAS, the Planning Commission, by Resolution No. 1675, has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the ,California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined the amendment to be' s class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2 . That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific plans . 3 . That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the consideration of the council in .this case. 2 . That it does hereby approve a Zoning Ordinance Text Amendment No. 94-3, provided in the attached exhibit, labeled Exhibit "A" , to amend Municipal Code Section 25 . 68. 3. That these amendments are limited in their effect to regulating the construction of new on-premises advertising displays. A new on-premises advertising display means, for purposes of this section, a display whose structure or housing has not been affixed to its intended premises . Construction means, for purposes of this section, the manufacturing or creation of a new on-premises advertising display. a ORDINANCE NO. 772 4 . That notwithstanding the above, noted section limiting the effect of these amendments, any illegally installed signs may be abated pursuant to Section 25.68. 5 . That the amendments contained in Exhibit "A" attached hereto shall be rescinded automatically and have no effect whatsoever one year after the effective date of this ordinance (i.e. 30 days after second reading) unless the city council acts to extend this ordinance. 6 . The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm. Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of _k=ij r 1995, by the following vote, to wit: AYES: KELLY, SPIEGEL, CRITES . NOES: NONE ABSENT: BENSON, SNYDER ABSTAIN: NONE a i BUFORD CRITES, Mayor ATTEST: SHEILA R. GILLIGAN,, ity Clerk City of Palm Desert/, California 2 ORDINANCE NO. 772 EXHIBIT "A" Section 1 for pedestrian traffic be and the That section 25-68.340 Signs P same is hereby amended as follows: 25.68.330 Sign for pedestrian traffic. A. Where the principal sign for a business is located so that it cannot be seen by pedestrian traffic, an identification sign, in addition to that otherwise allowed in this chapter, shall be permitted. Such a sign shall be no larger than three square feet (three feet on each side) and it shall be designed and located so as to not distract from the appearance of the building or Violate the intent of this chapter. (Ord. 129 ss 4 (part) , 1977: Ord. 98 ss 1 (part) , 1975: Exhibit A ss 25.38-12.05) B. Businesses in the commercial and industrial districts may place a pedestal mounted "open" sign with a maximum height of 54 inches and maximum face area of 3 square feet in front of their place of business. Said sign must be placed on private property in a location which does not impede pedestrian traffic flow. Said signs shall not include extraneous verbiage advertising the business, specials or sales events. Said signs must be removed when the business is not open for business. For businesses on El Paseo between Portola Avenue and Highway 74, the following additional restrictions shall apply:' 1 . Signs permitted 'under this section shall be limited to the word "open" and the business name only. 2. Letter style shall not be restricted; logos are not permitted. 3. Signs must be square or rectangular in shape. 4 . Signs must be in two colors only, excluding florescent colors; black and white will be considered colors and sign shall not contain extraneous decoration. 3 r ORDINANCE NO. 772 a . c 5. Signs shall be mounted on a monochromatic pedestal using one of the two sigh colors. 6 . Signs shall be professionally manufactured and well maintained at all times. Section 2 That section 25.68.350 Special event signs be and the same is hereby amended as follows: 25.68.350 Special event signs. A. With the approval of the director of community development, a business may erect one temporary sign, mounted on a wall facia or freestanding, advertising special events , promotions or sales. The director may approve to thirty square feet .of sign area depending upon the type of event, building design and right-of- way frontage for a period not to exceed thirty days per year. Signs approved under this section shall be compatible and harmonious with the color of the building and adjacent buildings. When improperly used, special event signs constitute a public nuisance and may be abated. Special event signs for periods in excess of thirty days may only be permitted pursuant to a resolution of the city council granting such approval which shall specify the period during which the sign may be displayed. (Ord. 587 ss 2 (Exhibit A ss 13) , 1909; Ord. .422 Exhibit A ss 7, 1905: Ord. 272 (part) , 1981; Ord. 129 ss 4 (part) , 1977 : Ord. 98 ss 1 (part) , 1975 : Exhibit A as 25.28-12 .08) B. The Palm Desert Chamber of Commerce may designate, subject to city council affirmation, up to four (4) special events. per year which its membership wishes to promote through the use of special ev ent banners. Said chamber of commerce p the to design and make av ailable to busines ses in city for a fee a special event banner which may be installed up to seven (7) days prior to the designated event, during the designated special event and for up to seven (7) days after the conclusion of the designated special event, for a total time period not to exceed 30 days. 4 I OPDINANCE NO. 772 Said special event banners shall not exceed 20 square feet in area. Design of said special event banners shall be reviewed and approved by the city prior to distribution by the chamber. Once the design has been approved by the city, said special event banners may be installed on private property without further approval or permit from the city. Section 3 That section 25.68.340 Temporary signs within window areas be and the same is hereby amended as follows: A. On E1 Paseo between Portola Avenue and Highway 74 temporary informational signs not to exceed ten ( 10) square feet of the window area may be placed on the inside of said window and shall not require prior approval of the city. B. In the general commercial (other than the area described in section A above) , planned commercial and service industrial districts businesses shall be entitled to a basic twenty (20) square feet of temporary informational window signage which may be placed on the inside of said windows without the prior approval of the city. C. Businesses falling under section "B" above, which have greater than 50 feet of linear window exposure shall be entitled to up to 50 square feet of temporary window signage. Businesses having greater than 150 feet of linear window exposure shall be entitled to up to 75 square feet of temporary window ,signage. D. Businesses falling under section "B" and "C" above which are set back more than 250 feet from a public right-of-way (street) may double their otherwise entitled temporary window signage. Businesses falling under section "B" and "C" above which are set back more than 600 feet from a public right-of-way (street) may triple their otherwise entitled temporary window signage. E. Notwithstanding the above sections A, B, C and D, in no event may temporary window signage exceed 40% of the window area of the business . 5 f MAR. -22' 96 (FR I I 11 :29 PALM DEURT CHAMBER TEL:619-3''-3263 P. 001 ti ff F of � a -- CHAMBER,IECOKIvOCE RECEIVED MAR 2 2 1996 c"iMUNTY DEVELOPMENT r.-,a-T.Zr.NT WYOFPALMDES March 22, 1996 To: Steve Smith From: Bob Leo In response to you questions concerning the effectiveness of Ordinance 772, the Chamber has not received any complaints from merchants. In fact, the regulations seem to be working well. Periodically, I spot check merchant areas and have found general compliance. However, please check with the El Paseo Business Association , Sonia Campbell indicates there may be a need for stronger enforcement. If I can help you in any way, please contact me. :2-990 HIGHWAY 111,PALM DESERT, CALIFORNTA 92260 PHONE 619—W.6111 PAX 619-U6 3263 RECEIVED INTEROFFICE MEMORANDUM MAR 2 2 1996 City of Palm Desert COMMUNITY DEVELOPMENT DEPARTMENT CRY OF PALM DESERT TO: PHIL DRELL, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: WAYNE RAMSEY, DIRECTOR OF CODE COMPLIANCE SUBJECT: ORDINANCE 772 - SIGNAGE DATE: MARCH 22 , 1996 The Code Compliance Department has had minimal complaints and/or enforcement problems regarding signage since the enactment of Ordinance 772 . It appears that the merchants appreciate the amendments to the signage ordinance, and have been more responsive to keeping their signage within the parameters outlined. The recommendation of this department would be that Ordinance 772 be incorporated as part of the PDMC. 1�Q WAYNE L. RAMSEY DIRECTOR OF CODE COMP ANCE /fr ID : APR 18 '96 13 :46 TRANSMIT CONFIt<MRTION REPORT N0 . 010 RECEIVER DESERT SENTINEL TRANSMITTER DATE APR 18 '96 13 :46 DURATION 01 '36 MODE STD PAGES 02 RESULT OK pa98 10 No a Go � 10 ```�FaX Proo So PrOoa N ^ l de CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: April 16, 1996 CASE NO: ZOA 96-1 (amending ZOA 94-3) REQUEST: Approval of a time extension for the provisions of Ordinance No. 772 which relates to signs for pedestrian traffic, special event signs, and temporary window signs. APPLICANT: City of Palm Desert I . BACKGROUND: As directed by City Council September 22, 1994 , staff reconvened the sign task force. The task force met twice in November, 1994, and its recommendations were forwarded to Planning Commission. The proposed sign ordinance amendments were presented to the Planning Commission Tuesday, January 3, 1995 . The matter was before City Council January 26, 1995, and eventually the ordinance was given second reading April 13, 1995 . The ordinance became effective 30 days thereafter. Due to the substantial changes that were contained therein, particularly with respect to doubling and quadrupling the size of temporary-window signage, the ordinance as ordained in item #5 provided "that the amendments contained in Exhibit 'A' attached hereto shall be rescinded automatically and have no effect whatsoever one year after the effective date of this ordinance (30 days after second reading) unless the City Council acts to extend this ordinance" . II . DISCUSSION: We are fast approaching the date that this matter would be automatically rescinded. Ordinance. No:772' created criteria for controlling signs for pedestrian traffic which are primarily used along El Paseo. The ordinance also revised the sspecial-event 'sign-provisions to allow the Chamber to designate up to four special events per year which would be allowed special banners to advertize the event. Finally, the ordinance increased the size of allowed temporary window signs from tfivquare"feet -to 20 square _feet or larger depending on window size. Businesses fronting on El—Paseowere limited to-ten - square feet. S STAFF REPORT ZOA 96-1 APRIL 16, 1996 We have contacted Bob Leo of the Chamber, Sonia Campbell of the E1 Paseo Business District, and Wayne Ramsey of the Code Compliance Department for their input as to whether this ordinance should be extended or allowed to sunset. Mrs. Campbell expressed concern that there were still a few businesses that were not in total compliance and asked if we could provide a clause allowing Code Department to confiscate these continuing problem signs. The.city attorney has been looking into this and will give a report. The general feeling appears to be of acceptance of the new provisions by the business community. Staff 's observations are that we have fewer code violations and perhaps a more uniform level of window signage and pedestrian signs. Staff recommends that the sunset clause be removed from Ordinance No. 772 and the ordinance provisions become permanent. III . RECOMMENDATION: That the Planning Commission recommend to the City Council that Ordinance No. 772 be amended to delete ordained item #5 relating to the ordinance being automatically rescinded effective May 13, 1996, and that provisions of Exhibit 'A' to Ordinance No. 772 be permanent. IV. ATTACHMENTS: A. Draft resolution B. Legal notice C . Comments from city departments and other agencies Prepared by r /' Ste SteYe Smit Reviewed and Approved by Philip Drell /tm 2 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO ORDINANCE NO. 772 RELATING TO SIGNS. CASE NO. ZOA 96-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of April, 1996, hold a duly noticed public hearing to consider the amendment of Ordinance No. 772 relating to signs; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the Director of Community Development has determined the amendment to be a Class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all . testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the zoning ordinance text amendment: 1 . The proposed amendment relating to signs is consistent with the intent of the Zoning Ordinance and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That it does hereby recommend approval to the city council of ZOA 96-1 as provided in the attached exhibit labeled Exhibit "A" PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of April, 1996, by the following vote, to wit: AYES : NOES: ABSENT: ABSTAIN: PAUL R. BEATY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission I PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section 1 That ordained item #5 of Ordinance No. 772 be and the same is hereby deleted from said ordinance and that the provisions of Exhibit "A" to.. Ordinance No. 772 be made permanent. 2 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 96-1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider extending the term of Ordinance No. 772 , sign provisions related to signs for pedestrian traffic, , special event signs and temporary window signs . SAID public hearing will be held on Thursday, May 9 , 1996, at 7 : 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 i interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5 : 00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk April 25, 1996 City of Palm Desert, California i 73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346.0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 96-1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider extending the term of Ordinance No. 772 , sign provisions related to signs for pedestrian traffic, special event signs and temporary window signs . SAID public hearing will be held on Tuesday, April 16 , 1996, at 7 : 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 it2ms covered by this public hearing notice shall be accepted up to ' the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/ planning 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 (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post PHILIP DRELL, Secretary March 28, 1996 Palm Desert Planning Commission r 7"10 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346MI l CITY OF PALM DESERT LEGAL NOTICE CASE NO. 20A 96-1 NOTICE 20 HEREBY gJVMN that a public hapgJAV 1+11'i as he}i1 hela*L.. thl� Palm Desert Planning commission- n to consider extending the term q Ordinance No, 772, sign provisions related to signs for ped•e',ripn traffic, special event signs and temporary window signs. f SAID public hearing will be held on Tuesday, April 16, 1996, at 7100 p.m. in the Council Chamber at the Palm Desert Civic Center, 99-510 Fred Waring Drive, Palm Desert, California, at which time and plc.':, all interested persons are invited to attend and be heard. . :itten comments concerning all items covered by this public hearing notice shall be accepted up to 'the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community develol-ment/ planning 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 act.icna in court, you may be limited to raising only those issues you or � ,;aeone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (c , City council) at, or prior to, the public hearing. PUBLISH: Desert Post PHILIP DRELL, Secretar. March 28, 1996 Palm Desert Planning Cosnlesion T ORDINANCE NO. 777 A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT To THE ZONING ORDINANCE TEXT RELATING TO SIGNS, SECTION 25.68 CASE NO. ZOA 94-3 WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of January, 1995, hold a duly noticed public hearing to consider Zoning Ordinance Section 25.68 relating to signs; and WHEREAS, the Planning Commission, by Resolution No. . 1675, has recommended approval; and WHEREAS, said application has complied with requirements of the ,,City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined the amendment to be a class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts to JUstify its action as described below: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2 . That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific plans. 3 . That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: r 1 . That the above recitations are true and correct and constitute the consideration of the council in this case. 2 . That it does hereby approve a Zoning Ordinance Text Amendment No. 94-3, provided in the attached exhibit, labeled Exhibit "A" , to amend Municipal Code Section 25 .68. 3. That these amendments are limited in their effect to regulating the construction of new on-premises advertising displays. A new on-premises advertising display means, for purposes of this section, a display whose structure or housing has not been affixed to its intended premises. Construction means, for purposes of this section, the manufacturing or creation of a new on-premises advertising display. f+ ORDINANCE NO. 779 i 4 . That notwithstanding the above. noted section limiting the effect of these amendments, any illegally installed signs may be abated pursuant to Section 25.68. S . That the amendments contained in Exhibit "A1l attached hereto shall be rescinded automatically and have no effect whatsoever one year after the effective date of this ordinance (i.e. 30 days after second reading) unless the city council acts to extend this ordinance. 6 . The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of i , 1995, by the following vote, to wit: AYES: =Y, SPIEGEL, CRITES NOES: NONE ABSENT: BENSON, SNYDER ABSTAIN: NONE c B[7� . CRITES, Mayor ATTEST: i !'SHEILA R. GI:S.IGAN,' ity Clerk City of Palm Desert; California 2 - ORDINANCE NO. 772 EXHIBIT "A" section 1 That section 25.68.340 Signs for pedestrian traffic be and the same is hereby amended as follows: 25.68.330 Sign for pedestrian traffic. A. Where the principal sign for a business is located so that it cannot be seen by pedestrian traffic, an identification sign, in addition to that otherwise allowed in this chapter, shall be permitted. Such a sign shall be no larger than three square feet (three feet on each side) and it shall be designed and located so as to not distract from the appearance of the building or violate (part) , 1977: Ord. 98 sss chapter. (Ord. 129 ss 4 1 (part) , 1975: Exhibit A ss 25.38-12.05) B. Businesses in the commercial and industrial districts may place a pedestal mounted "open" sign with a maximum height of 54 inches and maximum face area of 3 square feet in front of their place of business. Said sign must be placed on private property in a location which does not impede pedestrian traffic flow. Said signs shall not include extraneous verbiage advertising the business, specials or sales events. Said signs must be removed when the business is not open for business. For businesses on E1 Paseo between Portola Avenue and Highway 74 , the following additional restrictions shall apply: 1. signs permitted under this section shall be limited to the word "open" and the business name only. 2. Letter style shall not be restricted; logos are not permitted. 3. Signs must be square or rectangular in shape. 4 . Signs must be in two colors only, excluding florescent colors; black and white will be considered colors and sign shall not contain extraneous decoration. 3 ORDINANCE NO. 772 5. Signs shall be mounted on a monochromatic pedestal using one of the two sign colors. 6 . Signs shall be professionally manufactured and well maintained at all times. Section 2 That section 25.68.350 Special event signs be and the same is hereby amended as follows: 25.68.350 Special event signs. A. With the approval of the director of community development, a business may erect one temporary sign, mounted on a wall facia or freestanding, advertising special events, promotions or sales. The director may approve p to thirty square feet .of sign area depending upon the type of event, building design and right-of- way frontage for a period not to exceed thirty days per year. Signs approved under this section shall be compatible and harmonious with the color of the building and adjacent buildings. When improperly used, special event signs constitute a public nuisance and may be abated. Special event signs for periods in excess of thirty days may only be permitted pursuant to a resolution of the city council granting such approval which shall specify the period during which the sign may be displayed. (Ord. 587 as 2 (Exhibit A as 13) , 1989 ; Ord. 422 Exhibit A as 7, 1985: Ord. 272 (part) , 1981 ; Ord. 129 as 4 (part) , 1977 : Ord. 98 as 1 (part) , 1975 : Exhibit A as 25.28-12 .08) B. The Palm Desert Chamber of Commerce may designate, subject to city council affirmation, up to four (4 ) special events per year which its membership wishes to promote through the use of special event banners . Said chamber of commerce to design and make available to businesses in the city for a fee a special event banner which may be installed up to seven (7) days prior to the designated event, during the designated special event and for up to seven (7) days after the conclusion of the designated special event, for a total time period not to exceed 30 days. 4 i ORDINANCE NO. 772 Said special event banners shall not exceed 20 square feet in area. Design of said special event banners shall be reviewed and approved by the city prior to distribution by the chamber. Once the design has been approved by the city, said special event banners may be installed on private property without further approval or permit from the city. Section 3 That section 25.68.340 Temporary signs within window areas be and the same is hereby amended as follows: A. On E1 Paseo between Portola Avenue and Highway 74 temporary informational signs not to exceed ten ( 10) square feet of the window area may be placed on the inside of said window and shall not require prior approval of the city. B. In the general commercial (other than the area described in section A above) , planned commercial and service industrial districts businesses shall be entitled to a basic twenty (20) square feet of temporary informational window signage which may be placed on the inside of said windows without the prior approval of the city. C. Businesses falling under section "B" above, which have greater than 50 feet of linear window exposure shall be entitled to up to 50 square feet of temporary window signage. Businesses having greater than 150 feet of linear window exposure shall be entitled to up to 75 square feet of temporary window signage. D. Businesses falling under section "B" and "C" above which are set back more than 250 feet from a public right-of-way (street) may double their otherwise entitled temporary window signage. Businesses falling under section "B" and "C" above which are set back more than 600 feet from a public right-of-way (street) may triple their otherwise entitled temporary window signage. E. Notwithstanding the above sections A, B, C and D, in no event may temporary window signage exceed 40% of the window area of the business. 5 MAR. -21' 96(FRI) 11 :29 PALM DF"RT CHA14BER TEL:619-31�-3263_ _ _ P, 001 — V11 F a CHAWER-CaaUCE RECEIVI?D MAR z 2 L%G i,;a,;a�u�itr oev�loPa:rrr r..- �,;i rasvT C"OF PALM D_& March 22, 1996 TO: Steve Smith From: Bob Leo In response to you questions concerning the effectiveness of Ordinance 772. the Chamber has not received any complaints from merchants. In fact, the regulations seem to be working well. Periodically, I spot check merchant areas and have found general compliance. However, please check with the El Paseo Business Association , Sonia Campbell indicates there may be a need for stronger enforcement. If I can help you in any way, please contact me. 72-990 HIGHWAY 111,PALM DESERT,CALIFORNIA M60 PHONE 619346.6111 PAx619-W-VM ` I RECEIVED INTEROFFICE MEMORANDUM MAR 2 2 1996 City of Palm Desert COMMUNR DEVELOPMENT DEPARTMENT CRY OF PALM DESERT TO: PHIL DRELL, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: WAYNE RAMSEY, DIRECTOR OF CODE COMPLIANCE SUBJECT: ORDINANCE 772 - SIGNAGE DATE: MARCH 22 , 1996 The Code Compliance Department has had minimal complaints and/or enforcement problems regarding signage since the enactment of Ordinance 772 . It appears that the merchants appreciate the amendments to the signage ordinance, and have been more responsive to keeping their signage within the parameters outlined. The recommendation of this department would be that Ordinance 772 be incorporated as part of the PDMC. WAYNE RAMSEY DIRECTOR OF CODE COMP ANCE /fr ORDINANCE NO. 772 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT RELATING TO SIGNS, SECTION 25 . 68 CASE NO. ZOA 94-3 WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of January, 1995, hold a duly noticed public hearing to consider Zoning Ordinance Section 25 . 68 relating to signs; and WHEREAS, the Planning Commission, by Resolution No. 1675, has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined the amendment to be a class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1 . That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2 . That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific plans . 3 . That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare than the current regulations . NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows : 1 . That the above recitations are true and correct and constitute the consideration of the council in -this case. 2 . That it does hereby approve a Zoning Ordinance Text Amendment No. 94-3, provided in the attached exhibit, labeled Exhibit "A" , to amend Municipal Code Section 25 . 68 . 3 . That these amendments are limited in their effect to regulating the construction of new on-premises advertising displays. A new on-premises advertising display means, for purposes of this section, a display whose structure or housing has not been affixed to its intended premises . Construction means, for purposes of this section, the manufacturing or creation of a new on-premises advertising display. ORDINANCE NO. 772 4 . That notwithstanding the above noted section limiting the effect of these amendments, any illegally installed signs may be abated pursuant to Section 25.68. 5. That the amendments contained in Exhibit "A" attached hereto shall be rescinded automatically and have no effect whatsoever one year after the effective date of this ordinance (i.e. 30 days after second reading) unless the city council acts to extend this ordinance. 6 . The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of April 1995, by the following vote, to wit: AYES: KELLY, SPIEGEL, CRITES NOES : NONE ABSENT: BENSON, SNYDER ABSTAIN: NONE BUFJO/—RD/ . CRITES, Mayor L ATTEST: SHEILA R. GIIS.IGAN fCity Clerk City of Palm Dese , California 2 e ORDINANCE NO. 772 `- EXHIBIT "A" Section 1 That section 25.68. 340 Signs for pedestrian traffic be and the same is hereby amended as follows: 25 . 68.330 Sign for pedestrian traffic. A. Where the principal sign for a business is located so that it cannot be seen by pedestrian traffic, an identification sign, in addition to " that otherwise allowed in this chapter, shall be permitted. Such a sign shall be no larger than three square feet (three feet on each side) and it shall be designed and located so as to not distract from the appearance of the building or violate the intent of this chapter. (Ord. 129 ss 4 (part) , 1977 : Ord. 98 ss 1 (part) , 1975: Exhibit A ss 25.38-12 .05) B. Businesses in the commercial and industrial districts may place a pedestal mounted "open" sign with a maximum height of 54 inches and maximum face area of 3 square feet in front of their place of business. Said sign must be placed on private property in a location which does not impede pedestrian traffic flow. Said signs shall not include extraneous verbiage advertising the business, specials or sales events . Said signs must be removed when the business is not open for business. For businesses on E1 Paseo between Portola Avenue and Highway 74, the following additional restrictions shall apply: � I 1 . Signs permitted under this section shall be limited to the word "open" and the business name only. ' 2 . Letter style shall not be restricted; logos are not permitted. 3 . Signs must be square or rectangular in shape. 4-. Signs must be in two colors only, excluding florescent colors; black and white will be considered colors and sign shall not contain extraneous decoration. 3 ORDINANCE NO. 772 5. Signs shall be mounted on a monochromatic pedestal using one of the two sign colors. 6 . Signs shall be professionally manufactured and well maintained at all times. Section 2 That section 25.68.350 Special event signs be and the same is hereby amended as follows: 25 . 68.350 Special event signs. A. With the approval of the director of community development, a business may erect one temporary sign, mounted on a wall facia or freestanding, advertising special events, promotions or sales. The director may approve up to thirty square feet of sign area depending upon the type of event, building design and right-of- way frontage for a period not to exceed thirty days per year. Signs approved under this section shall be compatible and harmonious with the color of the building and adjacent buildings. When improperly used, special event signs constitute a public nuisance and may be abated. Special event signs for periods in excess of thirty days may only be permitted pursuant to a resolution of the city council granting such approval which shall specify the period during which the sign may be displayed. (Ord. 587 ss 2 (Exhibit A ss 13) , 1989; Ord. 422 Exhibit A ss 7 , 1985: Ord. 272 (part) , 1981; Ord. 129 ss 4 (part) , 1977 : Ord. 98 ss 1 (part) , 1975 : Exhibit A ss 25 .28-12 . 08) B. The Palm Desert Chamber of Commerce may designate, subject to city council affirmation, up to four (4) special events per year which its membership wishes to promote through the use of special event banners. Said chamber of commerce to design and make available to businesses in the city for a fee a special event banner which may be installed up to seven (7 ) days prior to the designated event, during the designated special event and for up to seven (7) days after the conclusion of the designated special event, for a total time period not to exceed 30 days. 4 ' O$DINANCE NO. 772 Said special event banners shall not exceed 20 square feet in area. Design of said special event banners shall be reviewed and approved by the city prior to distribution by the chamber. Once the design has been approved by the city, said special event banners may be installed on private property without further approval or permit from the city. Section 3 That section 25 . 68 . 340 Temporary signs within window areas be and the same is hereby amended as follows : A. On E1 Paseo between Portola Avenue and Highway 74 temporary informational signs not to exceed ten ( 10) square feet of the window area may be placed on the inside of said window and shall not require prior approval of the city. B. In the general commercial (other than the area described in section A above) , planned commercial and service industrial districts businesses shall be entitled to a basic twenty ( 20 ) square feet of temporary informational window signage which may be placed on the inside of said windows without the prior approval of the city. C. Businesses falling under section "B" above, which have greater than 50 feet of linear window exposure shall be entitled to up to 50 square feet of temporary window signage. Businesses having greater than 150 feet of linear window exposure shall be entitled to up to 75 square feet of temporary window ,signage. D. Businesses falling under section "B" and "C" above which are set back more than 250 feet from a public right-of-way (street) may double their otherwise entitled temporary window signage. Businesses falling under section "B" and "C" above which are set back more than 600 feet from a public right-of-way (street) may triple their otherwise entitled temporary window signage. E. Notwithstanding the above sections A, B, C and D, in no event may temporary window signage exceed 40% of the window area of the business. 5 ID : MAR 21196 15 : 06 TRANSMIT CONFIRMATION REPORT NO . 010 RECEIVER 619 346 3263 TRANSMITTER DATE MAR 21 '96 15 : 06 DURATION 01 ' 14 MODE STD PAGES 02 RESULT OK i I ID : MAP. 22196 17 :54 TRANSMIT CONFIRMATION REPORT NO . 011 RECEIVER DESERT SENTINEL TRANSMITTER DATE MAR 22 ' 96 17 :54 DURATION 00 '53 MODE STD PAGES 01 RESULT OK