HomeMy WebLinkAboutZOA 16-265 - Ord 1311 - Pedestal Signs on El PaseoORDINANCE NO. 1311
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION OF A TEMPORARY ZONING ORDINANCE
AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTIONS
25.56.040, 25.56.050, 25.56.080, AND 25.34.080 TO ALLOW A
TRIAL PROGRAM UNDER WHICH BUSINESSESS IN THE EL
PASEO OVERLAY DISTRICT USE OF PEDESTAL SIGNS YEAR-
ROUND AND HAVE BALLOONS UP TO 40 DAYS PER CALENDER
YEAR FOR BUSINESSES WITHIN THE EL PASEO OVERLAY
DISTRICT THROUGH DECEMBER 31, 2017, AND ADOPTING A
NOTICE OF EXEMPTION FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
SUBMITTED BY: Kevin Swartz, Associate Planner
APPLICANT: City of Palm Desert
CASE NO: ZOA 16-265
DATE: October 27, 2016
CONTENTS: 1. Draft Ordinance No. 1311
2. Notice of Exemption
3. Desert Sun Legal Notice
4. Draft Planning Commission
Recommendation
Minutes dated October 4, 2016
Waive further reading and pass Ordinance No. 1311 to second reading,
temporarily amending Palm Desert Municipal Code (P.D.M.C.) Sections
25.56.040, 25.56.050, 25.56.080, and 25.34.080 to allow businesses within
the El Paseo Overlay District year-round pedestal signs and the use of
balloons up to 40 days a year until December 31, 2017.
Executive Summary
Approval of staffs recommendation would approve a temporary ordinance implementing a
one-year trial program for businesses along El Paseo to display pedestal signs, and the use of
balloons up to 40 days a year. The proposed ordinance has been reviewed by the Planning
Commission, the El Paseo Merchants Association (EPMA), and some business owners along
El Paseo. The trial program will allow business/property owners and customers to assess the
aesthetics of El Paseo and provide feedback to staff. After the trial period, staff will present
Staff Report
ZOA 16-265: Pedestrian Signage for El Paseo
Page 2 of 7
October 27, 2016
the feedback to the Council and ask for future direction. The proposed temporary ordinance
modifications are included in the "Project Description" section of this staff report.
Strateqic Plan Obiective
The temporary trial program to the current Sign Ordinance contributes to the Land Use,
Housing and Open Space priorities. Priority 1 states, "Enhance Palm Desert as a first-class
destination for premier shopping and national retail businesses." The strategy is to focus on
retail businesses in commercial areas in order to protect and grow Palm Desert's market
position. One of the "Action Steps" is to implement a coordinated sign program. City staff
has coordinated with the Planning Commission, the EPMA, and business owners along El
Paseo, and has created temporary sign standards that should help the businesses attract
customers into their stores, while preserving the upscale shopping experience along El
Paseo.
Planninq Commission
At its meeting on October 4, 2016, staff presented to the Planning Commission, a proposed
ordinance to modify Sections 25.56.040, 25.56.050, 25.56.080, and 25.34.080, to
accommodate year-round pedestal signs and balloons on a temporary basis for businesses
within the El Paseo Overlay District. In general, the Commissioners supported the signage
criteria outlined in the proposed ordinance. However, the Commissioners had concerns with
allowing balloons on a temporary basis and had a lengthy discussion regarding balloon
size, number of balloons, location, height, and overall aesthetics. The Commissioners
stated that they support the merchants on El Paseo, but are concerned that the balloons
would diminish the overall appearance of El Paseo and take away from the upscale vibe.
Also, three Commissioners had concerns with how the balloons would be enforced, and
stated that it may create a burden on the Code Compliance Officers.
During the discussion, Commissioner Gregory suggested approving the ordinance
modifications on a one-year trial period. The Planning Commission recommended approval
4-1 with Commissioner Pradetto voting NO, subject to:
1. A one-year trial program.
2. Reducing the number of helium balloons from five (5) to three (3).
Attached to this staff report are the approved minutes from the Planning Commission.
El Paseo Merchants Association
On February 18, 2016, staff met with the EPMA and the business owner for Leeds and Sons
regarding their stance on allowing year-round pedestrian -oriented signs. One member
stated that he finds the signs distracting and they will diminish the upscale ambience of El
Paseo. Two other members stated that their business tenants would like to have the signs
year-round. The owner of Leeds and Sons agreed with the year-round signs, and added the
use of balloons as advertising devices. After additional discussion, it was agreed upon to
Staff Report
ZOA 16-265: Pedestrian Signage for El Paseo
Page 3 of 7
October 27, 2016
send a survey to all business owners requesting feedback regarding year-round signage
and the use of balloons.
On March 7, 2016, FG Creative distributed the survey, which City staff approved, to
business owners along El Paseo via email and letter mail. The survey included a response
deadline to FG Creative by March 25, 2016.
On April 6, 2016, FG Creative and City staff compiled the results, which indicated that there
were 74 businesses that completed the survey. The survey concluded that 85 percent of the
businesses find the pedestrian -oriented signs valuable and 77 percent were in favor of
signs year-round. Additionally, 81 percent of the businesses were in favor of allowing helium
balloons on a limited basis, while 20 percent voted NO.
At its meeting on May 19, 2016, staff met with the EPMA and presented the survey results.
The EPMA agreed with the survey results, and requested that staff provide photos of
different types of signage.
At its meeting on July 21, 2016, staff provided a PowerPoint presentation to the EPMA
depicting different types and sizes of signs from A -frame to pedestal signs. Staff also
presented examples of pedestal signs that included a graphic insert and how advertising
can be effective and done tastefully. The EPMA had a discussion regarding sign limitations
and restrictions, and agreed that A -frame signs are not appropriate for El Paseo. They also
discussed balloons as advertising devices and agreed that no more than five balloons
attached to the signs could be allowed on a temporary basis. The EPMA requested staff to
draft an ordinance for their review.
At its meeting on August 25, 2016, staff presented the draft ordinance to the EPMA. The
EPMA discussed and approved the modifications, and requested staff to propose an
ordinance to the Planning Commission and City Council for their consideration.
Proiect Description
The current Sign Ordinance prohibits businesses along El Paseo to display pedestrian -
oriented signs during non -summer months. Those types of signs are only allowed between
June 1 and October 1. Over the years, local merchants have expressed concerns that the
economy has still not recovered, and being able to have year-round pedestrian -oriented
signage would help their businesses. Other business owners along El Paseo find them
distracting and have stated that the signage ruins the upscale ambience of El Paseo.
Based on recommendations from the Planning Commission, the EPMA, and from 63
business owners along El Paseo, staff is recommending temporary zoning modifications to
allow businesses along El Paseo within the Overlay District year-round pedestal signs, and
balloons no more than 40 days a year, subject to a Temporary Use Permit (TUP). Below are
the modifications to each Section of the Zoning Code.
Staff Report
ZOA 16-265: Pedestrian Signage for El Paseo
Page 4 of 7
October 27, 2016
Below is the current code for Section 25.56.080 G. "Pedestrian oriented signs," with the
proposed added language shown in bold font.
1. Businesses in the commercial and industrial districts, excluding businesses
within the El Paseo Overlay District, may place a pedestrian -oriented A -frame
or pedestal mounted `open" sign in front of a business, subject to the following
standards:
a. Maximum sign area shall be three (3) square feet for pedestal signs on
each side, and five (5) feet for A -frame signs on each side;
b. Maximum sign height shall be 54 inches;
c. Signs shall be placed on private property in a location that does not
impede pedestrian traffic flow;
d. Signs shall be designed and located so as to not distract from the
appearance of the building or violate the intent of this chapter;
e. Signs shall not include extraneous verbiage advertising the business,
specials, or sales events; and
f. Signs shall be removed when the business is not open for business.
2. For businesses within the El Paseo Overlay District between Portola
Avenue and Highway 74, the following standards apply:
a. Pedestal signs are allowed year-round during the business's
operating hours;
b. A -Frame signs are not permitted;
c. Businesses with less than 24 lineal feet of building frontage are
allowed one (1) pedestal sign up to a maximum of three (3) square
feet and a maximum sign height of 54";
d. Businesses in excess of 25 lineal feet of building frontage are
allowed one (1) pedestal sign up to a maximum of 22" w x 14" h or
22" w x 28" h, and a maximum sign height of 54";
e. Signs may include the word "open," advertising the business with
artwork such as a model, product, and logo, business name, and
promotional text;
f. Signs shall not include the word "sale" or "sales";
Staff Report
ZOA 16-265: Pedestrian Signage for El Paseo
Page 5 of 7
October 27, 2016
g. Except as provided for under 2.K below, no decorative elements are
allowed on the pedestal frame;
h. Signs shall be placed on private property in a location that does not
impede the sidewalk and pedestrian traffic flow;
i. City approval of the sign is required by the Community
Development/Planning Department. A City approval identity sticker
will be issued and must be placed on the sign;
j. Signs shall be professionally designed, fabricated, and well -
maintained at all times; and
k. Helium balloons are allowed subject to the following standards:
a. The business must obtain approval of a Temporary Use
Permit (TUP) from the Community Development/Planning
Department;
b. Each business is allowed no more than 40 days per calendar
year, and no extensions will be granted;
c. The dates must be identified on the TUP application;
d. No more than three (3) helium balloons are allowed;
e. Each helium balloon must be a solid color with no wording
and shall not exceed 1 B" in size;
f. Each helium balloon must be attached to the pedestal sign
and floating to a maximum height of four (4) feet above the
sign at all times;
g. Each helium balloon must not impede into the sidewalk or
blow into pedestrians;
h. The business must agree not to release the balloons into the
air; and
i. If the City receives complaints about the balloons from more
than two (2) independent sources, then the Director of
Community Development may revoke the TUP.
Staff Report
ZOA 16-265: Pedestrian Signage for El Paseo
Page 6of7
October 27, 2016
Section 25.56.040 — Exempt Siqns
An amendment to Section 25.56.040 N. "Open" is proposed to correlate with the
modifications to Section 25.56.080 G. "Pedestrian -oriented signs." Below is the current
language with the modifications in bold font.
"Open" signs, not within the El Paseo Overlay District per Section 25.56.080 G.
"Pedestrian -oriented signs" are allowed subject to the following, mounted on the
inside of a window or on a pedestal near the main entrance if a window sign is not used.
Maximum sign area shall be three (3) square feet. Signs may be double -sided. Pedestal
signs shall be located on private property and shall not interfere with pedestrian movement.
Signs shall not flash, move, blink, rotate, or appear to do any of the foregoing.
Section 25.56.050 — Prohibited Signs
An amendment to Section 25.56.050 A. "Advertising devices" is proposed to also correlate
with modifications to Section 25.56.080 G. "Pedestrian -oriented signs" in regards to the use
of balloons as advertising devices. Below is the current language with the modifications in
bold font.
The following signs, displays, and devices, as defined in Chapter 25.99 are prohibited in the
City:
A. Advertising devices, unless otherwise specified in another section within Chapter
25.56 Signs.
Section 25.34.080 Temporary Uses
An amendment to this section is proposed to add the use of balloons, subject to a TUP to
correlate with Section 25.56.080 G. "Pedestrian -oriented signs." Below is the current
language with the modifications in bold font.
C. Allowed temporary uses. The temporary uses listed below are permitted with approval of
a temporary use permit in compliance with the provisions and limitations listed herein.
8. Helium Balloons — The use of helium balloons is allowed for businesses along El
Paseo within the El Paseo Overlay District per Section 25.56.080 G. "Pedestrian -
oriented signs."
Analvsis
Over the years, local merchants have expressed concerns that the economy has still not
recovered, and being able to have year-round pedestrian -oriented signage would help their
business. The proposed temporary modifications recommended by the Planning
Commission, the EPMA, business owners, and staff may cause other businesses in other
areas of the City to complain. El Paseo maintains an Overlay District, which allows for
Staff Report
ZOA 16-265: Pedestrian Signage for El Paseo
Page 7 of 7
October 27, 2016
different development standards to be applied. Therefore, staff believes that allowing the
temporary modifications will strike a good balance between the merchants and the City,
while preserving the upscale shopping experience along El Paseo.
Fiscal Impact
It is not yet known what the fiscal impact the amendments will have on the City. Staff is
hopeful that the amendments will help businesses along El Paseo by generating more foot
traffic. Also, staff will review the effectiveness of this trial program and will report back to the
Council after the one year trial program.
Environmental Review
According to the California Environmental Quality Act (CEQA), staff must determine
whether a proposed activity is a project subject to CEQA. In this case, the City of Palm
Desert, in its capacity as the Lead Agency for this project under the CEQA, has determined
that the proposed project is categorically exempt under Article 19 Section 15311 Accessory
Structures (a) On -premise signs (Class 11) of the CEQA; therefore, no further
environmental review is necessary.
Submitted By:
l�
Kevin Swartz, Associate Planner
Department Head:
&Lll, Director of Community Development
Approval:
Lauri Aylaian, City Manager ��
ORDINANCE NO. 1311
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A TEMPORARY ZONING
ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE
SECTIONS 25.56.040, 25.56.050, 25.56.080, AND 25.34.080 TO ALLOW A
TRIAL PROGRAM UNDER WHICH BUSINESSESS IN THE EL PASEO
OVERLAY DISTRICT USE OF PEDESTAL SIGNS YEAR-ROUND AND
HAVE BALLOONS UP TO 40 DAYS PER CALENDER YEAR FOR
BUSINESSES WITHIN THE EL PASEO OVERLAY DISTRICT THROUGH
DECEMBER 31, 2017, AND ADOPTING A NOTICE OF EXEMPTION FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
CASE NO: 16-265
WHEREAS, the City Council of the City of Palm Desert, California, did on the 271h day
of October, 2016, hold a duly noticed public hearing to consider the request by the City of
Palm Desert and approved the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
41h day of October, 2016, hold a duly noticed public hearing to consider the request by the City
of Palm Desert and recommended approval to the City Council of the above noted; and
WHEREAS, the El Paseo Merchants Association of the City of Palm Desert, California,
did on the 251h day of August, 2016, recommended approval of the proposed zoning
modifications; and
WHEREAS, establishing a temporary Ordinance to allow year-round pedestal signs
for businesses along El Paseo within the El Paseo Overlay District and the use of helium
balloons up to 40 days a year, subject to a Temporary Use Permit (TUP), and other code
modifications for signage will help the businesses along El Paseo and could increase the
City's sales tax; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the City
must determine whether a proposed activity is a project subject to CEQA. If the project is
subject to CEQA, staff must conduct a preliminary assessment of the project to determine
whether the project is exempt from CEQA review. If a project is not exempt, further
environmental review is necessary. The application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California Environmental Quality
Act," Resolution No. 2015-75, the Director of Community Development has determined that
the proposed project is under Article 19 Section 15311 Accessory Structures (a) On -
premise signs (Class 11) of the CEQA; therefore, no further environmental review is
necessary; and
WHEREAS, the City of Palm Desert believes that the recommendations allowing for
a trial program will strike a good balance between the merchants and the City, while
preserving the upscale shopping experience along El Paseo; and
ORDINANCE NO. 1311
WHEREAS, City staff shall immediately take steps to study the potential impacts
during the temporary trial program on the public health, safety and welfare, and of possible
amendments to the Palm Desert Municipal Code.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. Adoption of Recitals. The City Council of the City of Palm Desert
hereby adopts the foregoing recitals as its findings in support of the following regulations
and further finds that the following regulations are necessary and appropriate to protect the
health, safety and welfare of the residents and businesses of Palm Desert.
SECTION 2. Temporary Amendment to the Palm Desert Municipal Code.
Section 25.56.040 Exempt Signs is amended as follows:
An amendment to Section 25.56.040 N. "Open" is proposed to correlate with the
modifications to Section 25.56.080 G. "Pedestrian -oriented signs." Below is the current
language with the modifications in bold font.
"Open" signs, not within the El Paseo Overlay District per Section 25.56.080 G.
"Pedestrian -oriented signs" are allowed, subject to the following: Mounted on the
inside of a window or on a pedestal near the main entrance, if a window sign is not used.
Maximum sign area shall be three (3) square feet. Signs may be double -sided. Pedestal
signs shall be located on private property and shall not interfere with pedestrian movement.
Signs shall not flash, move, blink, rotate, or appear to do any of the foregoing.
SECTION 3. Temporary Amendment to the Palm Desert Municipal Code.
Section 25.56.050 Prohibited Signs is amended as follows:
An amendment to Section 25.56.050 A. "Advertising devices" is proposed to also correlate
with modifications to Section 25.56.080 G. "Pedestrian -oriented signs" in regards to the use
of balloons as advertising devices. Below is the current language with the modifications in
bold font.
The following signs, displays, and devices, as defined in Chapter 25.99 are prohibited in the
City:
A. Advertising devices, unless otherwise specified in another section within Chapter
25.56 Signs.
SECTION 4. Temporary Amendment to the Palm Desert Municipal Code.
Section 25.56.080 G Pedestrian -Oriented Signs is amended as follows:
Below is the current code for Section 25.56.080 G. "Pedestrian -oriented signs," with the
proposed added language shown in bold font.
1. Businesses in the commercial and industrial districts, excluding businesses within
the El Paseo Overlay District, may place a pedestrian -oriented A -frame or pedestal
mounted "open" sign in front of a business, subject to the following standards:
G.•Planning',Kem Swartz•Word'Cily Ordinances•,Pedestal Signs El Paseo`CC Ord Balloons Signs doc
ORDINANCE NO. 1311
a. Maximum sign area shall be three (3) square feet for pedestal signs on each
side, and five (5) feet for A -frame signs on each side;
b. Maximum sign height shall be 54 inches;
c. Signs shall be placed on private property in a location that does not impede
pedestrian traffic flow;
d. Signs shall be designed and located so as to not distract from the appearance of
the building or violate the intent of this chapter;
e. Signs shall not include extraneous verbiage advertising the business, specials, or
sales events; and
f. Signs shall be removed when the business is not open for business.
2. For businesses within the El Paseo Overlay District between Portola Avenue
and Highway 74, the following standards apply:
a. Pedestal signs are allowed year-round during the business's operating
hours;
b. A -Frame signs are not permitted;
c. Businesses with less than 24 lineal feet of building frontage are allowed
one (1) pedestal sign up to a maximum of three (3) square feet and a
maximum sign height of 54 inches;
d. Businesses in excess of 25 lineal feet of building frontage are allowed one
(1) pedestal sign up to a maximum of 22" w x 14" h or 22" w x 28" h, and a
maximum sign height of 54 inches;
e. Signs may include the word "open" advertising the business with artwork
such as a model, product, and logo, business name, and promotional text;
f. Signs shall not include the word "sale" or "sales";
g. Except as provided for under 2.K below, no decorative elements are
allowed on the pedestal frame;
h. Signs shall be placed on private property in a location that does not
impede the sidewalk and pedestrian traffic flow;
i. City approval of the sign is required by the Department of Community
Development/Planning. A City approval identity sticker will be issued and
must be placed on the sign;
j. Signs shall be professionally designed, fabricated, and well -maintained at
all times; and
G '\Planning.Kemn Swartz'.Word.C'ty Ordinances'Pedestal Signs El Paseo\CC Ord Balloons Signs doc
ORDINANCE NO. 1311
k. Helium balloons are allowed subject to the following standards:
a) The business must obtain approval of a Temporary Use Permit (TUP)
from the Department of Community Development/Planning;
b) Each business is allowed up to 40 days per calendar year, and no
extensions will be granted;
c) The dates must be identified on the TUP application;
d) No more than three (3) helium balloons are allowed;
e) Each helium balloon must be a solid color with no wording and shall not
exceed 18" in size;
f) Each helium balloon must be attached to the pedestal sign and floating
to a maximum of four (4) feet above the sign at all times;
g) Each helium balloon must not impede into the sidewalk or blow into
pedestrians;
h) The business must agree not to release the balloons into the air; and
i) If the City receives complaints about the balloons from more than two
independent sources, then the Director of Community Development
may revoke the TUP.
SECTION 5. Temporary Amendment to the Palm Desert Municipal Code.
Section 25.34.080 Temporary Uses is amended as follows:
An amendment to this section is proposed to add the use of balloons subject to a TUP to
correlate with Section 25.56.080 G. "Pedestrian -oriented signs." Below is the current
language with the modifications in bold font.
C. Allowed temporary uses. The temporary uses listed below are permitted with approval of
a temporary use permit in compliance with the provisions and limitations listed herein.
8. Helium Balloons — The use of helium balloons is allowed for businesses along El
Paseo within the El Paseo Overlay District per Section 25.56.080 G. "Pedestrian -
oriented signs."
SECTION 6. Severability. If any provision of this temporary ordinance or the
application thereof to any person or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of the ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this ordinance are
severable. The City Council hereby declares that it would have adopted this ordinance
irrespective of the invalidity of any particular portion thereof.
G '.Planning'.Kemn Swartz`,Word•City OrdinancesPedestal Signs El Paseo;CC Ord Balloons Signs doc
ORDINANCE NO. 1311
SECTION 6. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this ordinance in The Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be in full
force and effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 27th day of October, 2016, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
G Tlanning,Kewn Swarti Word'%City Ordinances'Pedestal Signs El Paseo\CC Ord Balloons Signs doc
NOTICE OF EXEMPTION
TO:
® Office of Planning and Research
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
® Clerk of the Board of Supervisors
or
County Clerk
County of:
1. Project Title: El Paseo Signage
2. Project Applicant: City of Palm Desert
3. Project Location — Identify street address and
cross streets or attach a map showing project site
(preferably a USGS 15' or 7 1/2' topographical
map identified by quadrangle name):
4. (a) Project Location — City: Palm Desert, CA
5. Description of nature, purpose, and beneficiaries
of Project:
Temporary zoning modifications to allow
businesses along El Paseo within the Overlay
District year-round pedestal signs, and balloons
no more than 40 days a year, subject to a
Temporary Use Permit (TUP).
6. Name of Public Agency approving project:
7. Name of Person or Agency undertaking the
project, including any person undertaking an
activity that receives financial assistance from the
Public Agency as part of the activity or the person
receiving a lease, permit, license, certificate, or
other entitlement of use from the Public Agency as
part of the activity:
8. Exempt status: (check one)
(a) ❑ Ministerial project.
(b) ❑ Not a project.
FROM:
(Public
Agency)
City of Palm Desert
Address 73-510 Fred Waring Drive
Palm Desert, CA 92260
El Paseo
(b) Project Location — County: Riverside
City of Palm Desert
City of Palm Desert
(Pub. Res. Code § 21080(b)(1); State CEQA Guidelines §
15268)
(c) ❑ Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines §
15269(b),(c))
(d)
number:
Notice of Exemption
Categorical Exemption. In this case, the City of Palm Desert, in its capacity as the
Lead Agency for this project under the CEQA, has
State type and section determined that the proposed project is categorically exempt
under Article 19 Section 15311 Accessory Structures (a)
On -premise signs (Class 11) of the CEQA; therefore, no
FORM " B"
further environmental review is necessary.
(e) ❑ Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines §
15269(a))
(f) ❑ Statutory Exemption.
State Code section number:
(g) ❑ Other. Explanation:
9. Reason why project was exempt: On -premise signs (Class 11)
10. Lead Agency Contact Person: Kevin Swartz, Associate Planner
Telephone: (760) 776-6485
11. If filed by applicant: Attach Preliminary Exemption Assessment (Form "A') before filing.
12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ® No ❑
13. Was a public hearing held by the lead agency to consider the exemption? Yes ® No ❑
If yes, the date of the public hearing was: _October 27, 2016
Signature: Date: Title:
® Signed by Lead Agency ❑ Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21100, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
Notice of Exemption FORM "B"
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 16-265
NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT CITY COUNCIL FOR
CONSIDERATION TO APPROVE A ZONING ORDINANCE AMENDMENT TO PALM
DESERT MUNICIPAL CODE SECTIONS 25.56.040, 25.56.050, 25.56.080, AND 25.34.080
TO ALLOW YEAR-ROUND PEDESTAL SIGNS AND THE USE OF BALLOONS NO
MORE THAN 40 DAYS A YEAR FOR BUSINESSES WITHIN THE EL PASEO OVERLAY
DISTRICT, AND ADOPTING A NOTICE OF EXEMPTION FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the
California Environmental Quality Act (CEQA), have determined that the proposed request will
not have a negative impact on the environment.
Proiect Location: City of Palm Desert, El Paseo Overlay District
Recommendation: Staff is recommending that the City Council approve the ordinance.
Public Hearing: The public hearing will be held before the City Council on October 27, 2016 at
4:00 pm.
Comment Period: Based on the time limits defined by CEQA, your response should be sent at
the earliest possible date. The public comment period on this project is from October 18 to
October 27, 2016.
Public Review: The project plans are available for public review daily at City Hall. Please
submit written comments to the Planning Department. If any group challenges the action in
court, issues raised may be limited to only those issues raised at the public hearing described in
this notice or in written correspondence at, or prior to, the City Council hearing. All comments
and any questions should be directed to:
Kevin Swartz, Associate Planner
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611
kswartz@cityofpalmdesert.org
PUBLISH: DESERT SUN RACHELLE KLASSEN, CITY CLERK
October 18, 2016 Palm Desert CITY COUNCIL
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION
OCTOBER 4, 2016
review of the architecture left staff in sort of a pickle since it is something that
does not happen often.
Commissioner Gregory voiced that this item ties -in with a question he raised
several meetings back. He stated that they need to have a meeting of the minds.
He felt they have lost their rudder with what different commissions are looking for
as far as City goals with architecture guidelines or standards. It is troublesome
that the City Council has made an architectural decision, and there is confusion
on what the City is looking for in architecture. His guess,,,is that the ARC might
have higher design standards than what the City Coup06 E, ight be looking for, or
there might be other factors considered. He wirild like to have some
understanding so all the commissions are on the:'se. page. Otherwise, they
may start a free for all which does not help the process„`
Chair Greenwood commented that he t dU ht the ARC did`t-eir job and did it
h g
well. From a Precise Plan standpoint, he;cibes not see anythin9l'At is out of the
ordinary.
Commissioner Pradetto said he read a
system as "Ambition muse e made
uncommon that one commis 660 may
process.
Commissioner GecOr4 4,stated tft
higher for they w ;..". He�Js conk
standards, a felt that th°�;City co
W .:.;
descr60"'h of the public administration
to `ccS;hteract ambition." So it is not
disagre`e�vith another; it is part of the
>;111s''pSpective, they should be aiming
€S
d with th' r vision with respect to the
o better.
Vice Chair 130 :i. na cl ; ' Ahat the Planning Commission must determine the
specific use ba d �ar� r rn ice eht, and size requirements.
_NIr Swartz`relied thafYas correct.
<s:
'::Commissioner Kelly, movdd,.,by Minute Motion, approving Case No. PP 16-76 by
ado tior of Planning C6M., tbission'`Resolution No. 2678, subject to conditions. Motion
was seconded by Chair -.Greenwood and carried by a 5-0 vote (AYES: DeLuna,
Greenwood,'66egory, Kelly and Pradetto; NOES: None).
B. REQUES':FfJR CONSIDERATION of a recommendation to the City Council
to approvd-a Zoning Ordinance Amendment to Palm Desert Municipal Code
Sections 25.56.040, 25.56.050, 25.56.080, and 25.34.080 to allow year-round
pedestal signs and balloons on a temporary basis for businesses within the El
Paseo Overlay District, and adopting a Notice of Exemption from the
California Environmental Quality Act. Case No. ZOA 16-265 (City of Palm
Desert, California, Applicant).
n
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Mr. Swartz outlined the salient points in the staff report (staff report is available at
www. citvofr)a I mdesert. oral. He recommended amending balloon size to not
exceed 18 inches, and balloons shall float a maximum of four feet. He said if the
Planning Commission has any comments or recommendations, staff would
present them to the City Council. He offered to answer any questions.
Vice Chair DeLuna asked how many businesses are there with an excess of 25
linear feet on El Paseo.
Mr. Swartz replied there are many businesses with an,.ecess of 25 linear feet.
Vice Chair DeLuna affirmed that they are looking;>amore than one sign per
business.
Mr. Swartz responded that the business_'vVould be allowe&Jo _have one larger
sign.
stir
S:;uo
Vice Chair DeLuna commented that ! Paseo s :set apart from` Every other
.7,.�
shopping district in the Coachella Valley.`El,'Ra§. � "has been compared favorably
to Fifth Avenue in New Yor h.1l1(.orth Avenue':lm Beach, and Rodeo Drive in
Beverly Hills. She cannot imaine<walking, biking; or driving down any of those
streets and seeing balloons. "gweve[ &.he is rb"o.,nsive to the request of the
overwhelming majority of merchants on" VX*
5eo fo pedestal street signage and
balloons in an attem t to enhani walece ,G air DeLuna voiced her concern
with helium ballois;fGh two coticns were atfdressed by reducing the size of
the balloons,and"be heifthat the ; re able to float above the sign. Concerning
the number t ,:balloons, shk would prefer to see three balloons rather than five.
She felt it wd4jdbe a i �, pr..e„for th Ef ,ode Department to allow businesses to
,Cl
have balloons ""no p efifi `,3y _calendar year. She stated they need to
hor)gt _ ,i41equest- i e merchants;f"ut keep in mind the standards they hope to
have for ,io. ; .
w
:Mr. Swartz saiJbat staj,'ucould take the Planning Commission's comments
and/or recommend*ns to�the City Council.
Commissioner KeO,i ,clarified that upon a merchant receiving a Temporary Use
Permit (Tt}P)., th00erchant would receive a sticker to display, which establishes
they have met tt e requirements.
Mr. Swartz explained that the merchant would get a sticker for approval of the
sign design. For the TUP, the merchant fills out an application, staff logs the
application and dates into the system, and a copy goes to the Code Department.
He noted that code enforcement officers have access to the application through
their computer system.
5
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Commissioner Kelly stated that her perspectives are similar to Vice Chair
DeLuna. If she was making a choice solely based on her own ascetic, she would
not care for the signs or the balloons. However, she believed there is a necessity
to be differential to the merchant's perception of what would lead to success of
their businesses on El Paseo. She has to trust that in choosing El Paseo for their
business, the merchant is choosing a high -end image and do not want to
damage that to their detriment. She wished to be accommodative, but would like
to hear from the rest of the Planning Commission about the 40-day limit. It strikes
her as too many days to have balloons every week of the}.. eason. She wondered
if 21 days would be more appealing if they thougfZhe season as lasting
roughly seven months, which would afford threiars within each of those
months. In addition, she would like to add an itemXEiibit C that "The business
must agree to not release any balloons into tfZrair" cfelto any environmental
impacts that could occur.
Vice Chair DeLuna agreed with Comrd
rather than 40 days, which makes sE
code compliance officers from being b'2
the presentation displaying a sign wit
considered to be in compliaragq,
Mr. Swartz responded that in "th pictU41
sidewalk. The sign would have `6`-,be 1(
the storefront.
Vice Chair eL na com nted th `'_E
above the ft` ay. If bi loons are'•k
would prev
;them f : .; _�ttiClg the-;
overhang. ;..;
�ioner Kelly's assessMe t of 21 days
and alloyy flexibility. It �filo: saves the
?
"She referred to-"apicture in
ErLItabn"s, and asked if the sign is
sente"P e sign is too far out into the
s>fr.;9m the r ,ack of curb and in front of
ome stores have awnings or extensions
quired to be a maximum of four feet, it
awnings or coming in contact with any
'G.t. missio"n'eiz:.Gregdo" said that it appears this item is being requested due to
:.fhe business es='< aving`" Culty coming out of the recession. So it seems to be a
Temporary measu' !4, He Vbj:Ged that the balloons and pedestal signs look tacky;
frt&iever, he is noti ,a: merchant on El Paseo. He is reluctant to nitpick on things
that :the merchants7. me up with because it is their livelihood. He wondered if
there! ool:d be a Qr0�0year trial period so they do not have a permanent affliction
r..
of ballooh�sa' . d.,s(gnage on El Paseo.
Mr. Swartz 'replied that if the Planning Commission wants to make that
recommendation, he would present it to the City Council.
Commissioner Pradetto interjected that the Planning Commission is having
discussions that should occur during the open public hearing.
Chair Greenwood asked the Planning Commission if they had specific questions
for staff, if not he would declare the public hearing open.
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Chair Greenwood declared the public hearing open and asked for any public testimony
IN FAVOR or OPPOSITION.
Vice Chair DeLuna inquired if they are allowed to make a recommendation on a
temporary basis or does it have to be permanent.
Mr. Stendell responded that the Planning Commission could propose a time
limitation, including reduction of days.
Vice Chair DeLuna commented that there seems t 3�' a consensus that the
Planning Commission wants to be responsive to..-t'jtrhants so they could be
successful. However, they are constrained by ter good and the best
..
interest of the City of Palm Desert. She agrd„with'i" mmissioner Kelly to
reduce the days to 21. She also agreed witcCommission4Nregory to have the
ordinance in place for a temporary periodUK.'
With no further testimony offered, Chair Grek uvood declared the public f 'e; tipg closed.
Commissioner Pradetto stated that he r'titf.e�,�staff report, specifically when
staff meets with the El Pas. ° ;r:. erchants AS' :C%Ciation and business owners. He
does not want to put too muc nto assumii that everybody involved in the
p d& 5. ,. k
process agreed that this is f6e, best':',,duct. F1 could see the group having
..
different opinions, but where do.jiou draystle'lie. [o\you have three, five, or ten
balloons? It becor.,pessgmething> ht n �:one4i� r*ally happy and no one is really
sr
angry that theyti'`ttl 'syr, no. Heforf that m�dhants from El Paseo are not
present to testify`that this change auI turn their business around. He felt that
the mercha 5t5:`are not sor ngry theyk: to against it, but they are not 100 percent
sure the zorYit g ordin + t} ndmA ould turn things around for them. He
also felt that ch :rig n%, Q to 21 would create a burden for the Code
�?<
Depaire1', He astamed the City'wiiould trust the merchant's discretion. You
.eithe.<
r trust, -gm th viiif "Ahe balloons and signs or you do not. Commissioner
:.P`radetto stated% e is bt =°,,Jhe fence that there is a lot of wisdom in the original
.$tance of this oedf0.ancJ-`, 'e, deferred to the original wisdom until he hears a
reason otherwise.'L''
Vice Chair; DeLuna understood that 81 percent of the merchants wanted balloons
and signs: a;her'almost 20 percent that do not want them. Allowing balloons
that often ort zsPaseo put the 20 percent at a disadvantage because they will be
forced to spend money to compete with the 81 percent of merchants. She said
there is a compromise to be made. The Planning Commission must respect and
honor the wishes of the majority, but keep in mind the greater good of the overall
number.
Commissioner Pradetto stated that they do not know if fifth of the merchants that
do not want balloons happen to be the biggest revenue generators. There's a lot
the Planning Commission does not know.
7
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OCTOBER 4, 2016
Vice Chair DeLuna remarked that she would not want to lose any high -end
merchants because they do not want to be located where there are going to be
balloons.
Commissioner Kelly asked staff if they have any information about who is on
each side of this request.
Mr. Swartz answered that staff received business names from the survey that
was completed. He noted that one of the represent jives of the El Paseo
Merchants Association represents a lot of the high-edd#stores, and he was in
" ;
favor of the proposed zoning ordinance amendment.: <
Vice Chair DeLuna stated that the representatve wass)n4favor, but where the
merchants in favor. x:
Mr. Swartz replied that the represents.1)ve''spoke to his merch�riiF .but he does
C ,
S' x'
not know the discussion he had with tfi`n. "rr
Commissioner Kelly questioned the origirMFth
Mr. Swartz communicated tftnally 60 d
days were considered becauskt woii Ilow a
days a month (Friday, Saturday"-SundayY sigo
MR
weekend.4` .x
days standard.
was proposed. However, 40
eQ, ant to have balloons three
thesually have sales on the
Commissioner Kelly clarifl. that tli ��gn could not say "sale."
Mr. Swartz rbolie: d that�;��
r s
'`•fir;,:°; :'�h3,9T,i;,c.. :2:^�;.; F;?�;;yu�: :;, ':,:.
n.
C t`�4 per Kej said th
:�Jat is �bably why the balloons appeal to the
,:r 0f+,K•: r.
6hants. .
missionerr*~gory commented that possibly the merchants could think
about having ballo0 s for a year, then they could decide if they like them or not.
Vice Cflar,DeLuna�'agreed with Commissioner Gregory.
Chair Greertioad communicated that he is not a business merchant on El
Paseo, and h.6' is no one to argue with someone who thinks this is going to
benefit their business. From a planning and aesthetic point, he agreed that the
balloons and signage would look cluttered, and it is not consistent with the caliber
of El Paseo. He voiced his concern with the allocation of staff time, and how are
the merchants going to know that they need a TUP. He wondered if it would
make sense to allow balloons and signage during events. He felt that balloons
and signage on a day-to-day basis is not right for El Paseo.
8
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OCTOBER 4, 2016
Commissioner Kelly was persuaded by Commissioner Gregory's idea to have a
trial period for one year, and asked staff what would be the best way to achieve
that recommendation.
Mr. Swartz responded that the Planning Commission could make a
recommendation to the City Council to have a trial program for a year. It would
also allow staff to take photos on El Paseo, and it allows staff to hear back from
the merchants.
Commissioner Kelly was also persuaded by Commis.ke'r Pradetto's comment.
If they are going to be differential, they should bpectful of the merchant's
abilityto make good judgments. Therefore, she' °, inclined to change the
9 1 9 ��.
number of days to 21. She restated that she wo d want<<#t,.,add an item to Exhibit
C stating that businesses could not release,i�l.�oons into te'a,r.
,y.
Commissioner Pradetto communicateys • "'at he prefers the 'p4posed zoning
x . �fi ,, g
ordinance amendment as -is without<the amendments. He agr�d :with Chair
y.`
Greenwood on having balloons and sig e du tpecial events on El Paseo.
He stated that he cannot support some f#ft k#j looks tacky even though it is
being differential. " l
'g
Commissioner Kelly asked Co tmmis%ft,�. eG::Pradetta�:� pe is not in favor of the one-
year trial program. z'�;<;:.
X.
Commissioner ;P' de tb replied h I 'r +tin favoi because it becomes easier to
:. wii
extend it anotlie� year. r
Vice Chair 131611 iria reco, ifieYle d than e motion include the number of balloons
;.... <..� N,� y , • x
be changed fromve`'t>�'' :""' stioned if restaurants with patios that are
f�jxt}wouldellowed toi balloons, or only at the entrance of the
;,re taurant
Swartz replieil>that bI' ns would only be allowed at the entrance.
Vice :chair DeLuna,.'4K ked if the patio has a gate, would the restaurant be able to
call tha'an entran,6";`
Mr. Swartz'ret"idYno.
Commissioner Gregory reiterated that his suggestion for a one-year trial program
was not only to see if it works. His suggestion is a response to the merchant's
concern about struggling during a recession. He would prefer to see an end to
the recession and get rid of the balloons and signage. He asked if there would be
a burden on City staff to check if a merchant has met all the requirements.
9
G \Pianning\Monica OKediy\Pianning Commission\2016\Minutes\10-4-16 docx
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OCTOBER 4, 2016
Mr. Stendell responded no. He said that City staff is already doing 90 percent of
the work today, and the Code Department would not be burdened by the
proposed zoning ordinance amendment.
Commissioner Kelly motioned to recommend to the City Council to
approve Case No. ZOA 16-265 by the adoption of Planning Commission Resolution No.
2679, subject to the following amendments: 1) A one-year trial program; 2) Amend
Exhibit C, Item E to balloon size shall not exceed 18 inches; 3) Amend Exhibit C, Item F
to balloons shall float at a maximum of four feet above the sigr�,at all times; 4) Amend
Exhibit A adding subject to after "Pedestrian -oriented signs" .`flowed; 5) Add Item H
to Exhibit C that a business must agree not to release,k: Jlt ons into the air; and 6)
Amend Exhibit C, Item D to no more than three helium re allowed.
For clarification purposes, Vice Chair DeLuca asked Comii .joner Kelly if she is
willing to let the 40-day stand on a one-yq real basis.
Commissioner Kelly replied yes.
Vice Chair DeLuna asked if the height of
.:.
motion.
Commissioner Kelly replied yg.
staff.
±c'
Motion was seo.rat b Coma
(AYES: DeLuna, Grti ood, Gregory, a
X. MISCELLANEOUS
balloons was included in the
uded `th4 hanges recommended by
er Gregd and carried by a 4-1 vote
ly; NOES: Pradetto).
A.. INF.OR TION `L'REPORT (eg'ing the public hearing/approval process
y for the < ti' �ate'-::6f,v the City s General Plan including the University
NeighborI4` Specific Plan, Highway 111 Development Code, and
associated ett4V onmen? 61 documents. Case Nos. GPA/EA 16-261, ZOA 16-
?`262, ZOA 164rA(City of Palm Desert, California, Applicant).
Mr. Stir dell repo,.t. that the General Plan is approaching the public hearing
stage. Staf'tprov d,' the Planning Commission with the General Plan documents
-`W, . for their rev .NtY. Stendell continued with a PowerPoint presentation to go over
the documents"and the process moving the General Plan forward. He noted that
the regular scheduled Planning Commission meeting on October 18 would be
adjourned to October 19, due to scheduling issues.
For the meeting on October 19, Chair Greenwood asked what staff is requesting
from the Planning Commission in regard to the General Plan documents.
10
G \Nlanning\Monica ORedly\Planning Comm ission\2016\Minutes\10-4-16 docx