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HomeMy WebLinkAboutOrd 802 ZOA 96-1 Signs for Pedestrian Traffic - Special Event and Temp Window Signs 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 Ordinance No. 772 will be rescinded effective May 13 , 1996 unless it is extended.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 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 r 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: , 4,6GC,Q Steve Smit c Reviewed and Approved by. i hil Drell /tm h -T.rlr RATF t9�p9fra / i0 U 2ND READING ©S1t3/Ci CITY COUNCIL -ACTION: APPROVED ,i DENIED RECEIVED OTHER -----"-""" if/ ��� MEETING DATE s Copt ro ��TI ' AYES: - DATE B1r L ��'"' AL At IN _- - mil ti y l on F le w th C.i CXiiikri u'f r 7 2 ORDINANCE NO. 802 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 WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California • 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 subr4 _ntial changes that were contained therein, particularly wifin respect to doubling and quadrupling the size of temporary windo,4 signage, the ordinance as ordained in item #5 provided "that the amendments contained in Exhibit 'A' actached 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 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 El 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. be of acceptance of the new feeling appearsP The general to 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 the 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 i�. 4 Steve Smith 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 -'institute 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 • 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 propL.sed amendment relating to signs is consistent with the it nt of the Zoning Ordinance and will r -otect 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: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES: NONE ABSENT: NONE ABSTAIN: NONE 2 PAUL R. BEATY, Chairper on ATTEST: PHILIP DRE 7ecretary 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 a V Pdn DeseN 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0811 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 96-1 NOTICE IS HEREBY cUUbN that a pubiic housing will ire held Get -, 404o Palm Desert Planning Commission to consider extending the 1 of Ordinance No. 772, sign provisions related to signs for ped ian traffic, special event signs and temporary window signs. SAID public hearing will be held on Tuesday, April 16, 1996, A.t 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, ':,-510 Fred Waring Drive, Palm Desert, California, at which time and p':. all interested persons are invited to attend and be heard. Atten , comments concerning all ittms covered by this public hearinc tice shall be accepted up to ' the date of the hearing. Inifc=mation concerning the proposed project and/or negative declarat_ 'r is available for review in the department of community deve_o ent/ 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 is in court, you may be limited to raising only those issues you or ,eone else raised at the public hearing described in this notice, r in written correspondence delivered to the planning commission city council) at, or prior to, the public hearing. PUBLISH: Desert Post PHILIP DRELL, Secreta: March 28, 1996 Palm Desert Planning Coi :i,,•sion • 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 wthrequirements quirme is ofrthe e "City of Palm Desert Procedures to Implementin e that the dirornia thEnvironmental Quality Act, Resolution No. 80-89 , " of community development has determined the amendment to be a class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering oall testimony arguments, if any, of all interested persons desiring 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 t.ih Zoning safety, and general welfare t ce Amendment would ehan thee public health, current Y regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1 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 provided in the attached exhibit, labeled Exhibit No. 94 3,"A" , 25 . 68 . Code Se ction to amend Municipal 3 . That these amendments are limited in their effect to regulating the construction of new on-premises advertising displays. A new on-premises advertising whose display y means , for purposes of this section, a display 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. i 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. V D AND ADOPTED at a regular PASSED, APPROVED meeting of the Palm E 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 /11.:5"-";%'4, BUFORD . CRITES, Mayor - ATTEST: �1� / / / �- cl ?"' / SHEILA R. GILLIGAN,I 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 rits located so that it cannot be seen by p edest traffic, an identification sign, in addition to that otherwise allowed in this chapter, shall thbe permitted. Such a sign shall be no large r 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., 1(O5d.Exhibit ss (part) , 1977: Ord. 98 ss 1 (p 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 extrar _,Jus verbiage advertising the business , specals or sales events . Said signs must be remove 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 ORDINANCE NO. 772 ' �t 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 forp a per iod 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 peri Jas in excess of thirty days may only be permitted pursuant to a resolution of the cit', council granting such approval which shall specity the period during which the sign may be displayea. (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 El 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" aboi., which have greater than 50 feet of linear window exposure shall be entitled to up to 50 square t..et 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. -'22' 961FR1I 11 :29 PALM DES ;,HA,MBER TEL: 619-3 '`-z,‘.3 _ _ _ P. 001 * o s - T. -_ Jra,, a CHAMBER c F COTvC'vfE RCE RIFC.ER'D AR 21996 i. a.fu''TY DEVELOPMENT r"!7. ENT CfTY OF PALM Des: March 22, 1996 To: Steve Smith From: gob Leo IV 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 car, i ielp you in any way, please contact me. 72-990 HIGHWAY 111, PALM DESERT, CALIFORNIA 92260 PHONE 619-346.6111 FAX 619.346.3263 RECEIVED INTEROFFICE MEMORANDUM MAR 22 1996 City of Palm Desert COMMUNITY DEVELOPMENT DEPARTMENT WY 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. LU l WAYNn . RAMSEY DIRECTOR OF CODE COMP ANCE /fr