HomeMy WebLinkAboutCouncil Drctn - Pedestrian-Oriented Signs on El PaseoCITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: DIRECTION RELATED TO PEDESTRIAN -ORIENTED SIGNS ON EL
PASEO
SUBMITTED BY: Tony Bagato, Principal Planner
APPLICANT: City of Palm Desert
DATE: January 28, 2016
Recommendation
By Minute Motion:
1) Direct staff to continue enforcing the current standards for
pedestrian -oriented signs on El Paseo; or
2) Initiate a Zoning Ordinance Amendment to create standards as
determined by the City Council.
Executive Summary
On November 28, 2015, staff received a letter from an El Paseo merchant who is
challenging the legality and fairness of certain aspects of the sign ordinance after he
received several verbal warnings and a written warning of a sign code violation. The
business owner also stated that he is concerned that the enforcement of the sign ordinance
adversely affects his business success and the business success of all El Paseo
merchants. The enforcement took place before the holiday season. Staff is seeking
direction from the City Council to enforce the current signage regulations or to develop new
standards.
Background
In accordance with the Palm Desert Municipal Code, businesses in the commercial and
industrial districts may place a pedestrian -oriented A -frame sign or pedestal mounted
"open" sign in front of a business with certain standards. The standards for businesses on
El Paseo are stricter than what is allowed in other commercial areas, and these signs are
only allowed in four (4) certain occurrences:
• Between June 1 and October 1 each year, or
• Before 10:00 a.m. when a business is actually open at that time, or
Staff Report
Pedestrian Sign Discussion
Page 2 of 3
January 28, 2016
■ During construction of a storefront, and/or
■ Any time a business is the sole tenant of an otherwise -vacant multi -tenant building.
The standards on El Paseo were recently changed by the City Council in 2013 based on a
recommendation by a subcommittee that included a former City Councilmember, two (2) El
Paseo property owner representatives, and one (1) El Paseo Merchant. The subcommittee
reviewed the pedestrian sign requirements because a concerned merchant wanted to use
an A -frame sign instead of a pedestal sign, which was only allowed before 2013. The
subcommittee spent time discussing the necessity of the pedestrian -oriented signs. After
reviewing many photos of the signs located on El Paseo and discussing the necessity of
them, the subcommittee believed that pedestrian -oriented signs should be limited because
they cause visual blight and clutter on El Paseo. One particular photo illustrated the
concerns of the committee, and it is provided below:
After the standards were modified in 2013, staff began an educational outreach effort where
every business on El Paseo utilizing pedestrian -oriented sign was provided a copy of a
handout explaining the regulations, and was given an in -person verbal explanation of the
new requirements by a Planner and a Code Compliance Officer.
The majority of businesses immediately complied. A few businesses continued to place
signs in the sidewalk in violation of the new code. Those businesses were issued written
notices and in all cases began to comply with code. In the fall of 2014, many of the
businesses continued to place pedestrian -oriented signs on the sidewalk after October 1
(signs are allowed during summer). Another round of verbal warnings was issued to
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Staff Report
Pedestrian Sign Discussion
Page 3 of 3
January 28, 2016
businesses in violation and some businesses were mailed written warnings due to repeated
violations.
In November of 2015, again many businesses kept placing signs in the sidewalk after
October 1, 2015. A total of 39 businesses were given verbal warnings. Of those 39
businesses, 19 who had been verbally warned repeatedly were mailed written warnings that
they would be fined for future violations. After the mailing was sent, one (1) business owner
wrote a letter to the City challenging the legality and fairness of certain aspects of the sign
ordinance. In addition, the business owner stated that he is concerned that the enforcement
of the sign ordinance adversely affects his business success and the business success of
all El Paseo merchants.
Based on the recent letter received, the City Attorney reviewed the matter and believes that
our current standards are legally defensible. Staff is recommending the current standards
remain in place. However, if the City Council would like new standards developed for El
Paseo, then the City Council must initiate a Zoning Ordinance Amendment. Staff will
prepare new standards that will be presented the Planning Commission and City Council for
review and approval.
Fiscal Impact
No fiscal impact to the City associated with the discussion of pedestrian -oriented signs.
Submitted By:
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Tony Bagato, Princip I P anner
Department Head:
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Ryan Stendell, Director of Community Development
Apbroval:
G
J hn M. Wohlmuth, City Manager
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