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2017-08-01 PC Regular Meeting Agenda Packet
CITY OF PALM DESERT REGULAR MEETING OF THE = PALM DESERT PLANNING COMMISSION AGENDA TUESDAY, AUGUST 1, 2017 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF COUNCIL ACTION V. ORAL COMMUNICATIONS Any person wishing to discuss any item not scheduled for public hearing may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. Because the Brown Act does not allow the Planning Commission to take action on items not on the Agenda, Commissioners will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future Planning Commission meeting. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the Department of Community Development and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m.-5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611, Extension 484. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII CONSENT ITEMS HELD OVER, OF THE AGENDA. AGENDA REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION AUGUST 1, 2017 A. MINUTES of the Regular Planning Commission meeting of July 18, 2017. Rec: Continue to the next regular scheduled meeting. Action: VII. CONSENT ITEMS HELD OVER Vlll. NEW BUSINESS None IX. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. A. REQUEST FOR CONSIDERATION to approve a Precise Plan to construct a new 6,840-square-foot automobile sales and service building for CarMax located at 73-500 Dinah Shore Drive; and adopt a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. PP/CUP 17-059 (CarMax Auto Superstores California, LLC, Lakewood, Colorado, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2703, approving Case No. PP/CUP 17-059. Action: B. REQUEST FOR CONSIDERATION to approve a Precise Plan to construct a new 23,385-square-foot laboratory/office building for the Coachella Valley Water District located at 75-519 Hovley Lane East; and adopt a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. PP 17-093 (Coachella Valley Water District, Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2704, approving Case No. PP 17-093. Action: 2 G\Planning\Monica OReilly\Planning Commission\2017\Agenda\8-1-17 agn.docx AGENDA REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION AUGUST 1, 2017 C. REQUEST FOR CONSIDERATION to adopt a resolution recommending approval to the City Council of a Zoning Ordinance Amendment to revise Palm Desert Municipal Code 25.56 Signs and modify Section 25.99.020 Land Use Definitions to allow for freeway-oriented monument signs on commercially zoned developments abutting Interstate 10; and adopt a Notice of Exemption under the California Environmental Quality Act. Case No. ZOA 17-070 (City of Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2705, recommending to the City Council to approve Case No. ZOA 17-070. Action: D. REQUEST FOR CONSIDERATION to adopt a resolution recommending approval to the City Council to adopt Zoning Ordinance Amendment to amend and retitle Palm Desert Municipal Code Section 25.34.120 Medical Cannabis Use to Cannabis Use and Regulations and Sections 25.16 Commercial and Industrial Districts and 25.18 One Eleven Development Code to allow for cannabis businesses within the City, subject to a Conditional Use Permit; and adopt a Notice of Exemption under the California Environmental Quality Act. Case No. ZOA 17-027 (City of Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2706, recommending to the City Council to approve Case No. ZOA 17-027. Action: X. MISCELLANEOUS None Xl. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION XII. COMMENTS 3 G:\PlanningWonica OReilly\Planning Commission\2017\Agenda\8-1-17 agn.docx AGENDA REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION AUGUST 1, 2017 XIII. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 281h day of July 2017. cp ' Monica O'Reilly, Recording Secretary Please contact the Planning Department, 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-0611, for assistance with access to any of the agenda, materials, or participation at the meeting. 4 GIPlanningWonica OReilly\Planning Commission\2017\Agenda\8-1-17 agn docx CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION TO APPROVE A PRECISE PLAN TO CONSTRUCTA NEW 6,840-SQUARE-FOOT AUTOMOBILE SALES AND SERVICE BUILDING FOR CARMAX LOCATED AT 73-500 DINAH SHORE DRIVE; AND ADOPT A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SUBMITTED BY: Heather Buck, Assistant Planner APPLICANT: CarMax Auto Superstores California, LLC c/o: Centerpoint Integrated Solutions 355 Union Boulevard, Suite 301 Lakewood, CO 80228 CASE NO: PP/CUP 17-059 DATE: August 1, 2017 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2703 2. Legal Notice 3. Notice of Exemption (CEQA) 4. Architectural Review Commission (ARC) Notice of Action 5. Letter regarding Outdoor Lighting and Lighting Zone Map 6. Architectural Exhibits, Site Plans, Landscape Plans Recommendation Waive further reading and adopt Planning Commission Resolution No. 2703, approving a Precise Plan for the construction of a new 6,840-square-foot automobile sales and service building with associated site improvements on a vacant lot located at 73-500 Dinah Shore Drive, including a Categorical Exemption under the California Environmental Quality Act, subject to conditions. Architectural Review Commission The City's ARC reviewed the applicant's request for the new building at their meeting on July 11, 2017. The Commission voted 5-0-2 (Commissioner Brewer and Lambell absent) in recommending preliminary approval of the new automobile sales and service building and site improvements with the following conditions: Staff Report Case No. PP/CUP 17-059 CarMax Page 2 of 6 August 1, 2017 1. Stucco paint colors shall be similar to the color contrast shown on the color board and finalized with staff. 2. The depth of the light earth tone element on the south face of the service building shall increase to two feet(2') off the face of the building (south) and two feet(2') past the main building parapet (north). 3. Increase wainscot by two feet (2') (for a height of six feet (6) above grade) at entry structures. 4. A condition of approval will be placed on the project for continuous maintenance of the landscape, specifically along the guardrail. Executive Summary Approval of staff's recommendation will allow the construction of a new 6,840-square-foot automobile sales and service building and associated site improvements. The building conforms to the development standards for height, land use compatibility, and parking. A modification to the development standards is required for the landscaping and exterior lighting. Modifications to the development standards are permitted through the Precise Plan process. A Precise Plan application is required for new construction and all Precise Plans require approval from the Planning Commission. Background A. Property Location: The vacant 4.23-acre parcel to be developed is located at 73-500 Dinah Shore Drive. B. General Plan and Zoning Designations: General Plan: Regional Retail, Employment Zone: S.I., Service Industrial C. Adjacent Zoning and Land Use: North: 1-10 Freeway/Railroad South: Zone S.I., Service Industrial (Dinah Shore Crossings) East: Zone S.I., Service Industrial (Bedrosians—Tile & Stone) West: Zone PC-3; FCOZ, Planned Regional Commercial Center, Freeway Commercial Overlay Zone (Desert Gateway, future Monterey Crossings) \\srv-fil2k3\groups\Planning\Heather Buck\Case Files\PP\PP CUP 17-059 73500 Dinah Shore•Carmax\PC\2017-08-01 PC-Staff Report Carmax.doc Staff Report Case No. PP/CUP 17-059 CarMax Page 3 of 6 August 1, 2017 Project Description The parcel to be developed is located north of the intersection of Dinah Shore Drive and Gateway Drive. It is a vacant parcel 4.23 acres in size. The proposed project includes the construction of a new 6,840-square-foot automobile sales and service building for CarMax and associated site improvements.The development includes the service and sales building, sales display area, and service area. The development includes 64 customer/employee parking spaces and 178 sales lot parking stalls. Analysis A. Site Plan & Building Design: STANDARD SI ZONE PROJECT Coverage - 3.8% Height 30'-0" 29'-6" Front Setback 20'-0" 84'-0" Rear Setback 0'-0" 117'-0" Side Setbacks 0'-0" 200'+ Parkin 2 per 1,000 s.f. 64 stalls (employee/customer g (14 stalls) lot) 178 stalls sales lot Landscaping 20% 29.7% The proposed building is a one-story building that is 6,840 square feet in size. The building has two wings:the sales area is oriented north-south and faces west,and the service area is oriented east-west with the service bay doors facing north.The service building will be used to prepare vehicles for sale and provide light service work for customers who have purchased a vehicle from CarMax. The sales building is a light earth tone color and is accentuated by CarMax branded entry structures. The height of the main building massing is 21'-8"with the entry structures up to 29'-6" in height. The service building mass is 18'-8' in height with a metal screen for rooftop HVAC units set back from the main body of the building. The height of the screening is 22'-8". The building architecture is typical of a CarMax dealership, but has been adapted to be more low slung with substantial entry canopy columns to more closely resemble native desert architectural forms.The building is finished with split face block at the base. The sales wing is a light earth tone with dark accents;the service wing is a medium shade with dark accents as well. Per the direction of the ARC staff will work with the applicant to provide a little bit more spread in the stucco color spectrum shown on the colored elevations. The building massing is broken up with regularly spaced stucco reveals and horizontal metal solar \\srv-fil2k3\groups\Planning\Heather Buck\Case Files\PP\PP CUP 17-059 73500 Dinah Shore-Carmax\PC\2017-08-01 PC-Staff Report Carmax.doc Staff Report Case No. PP/CUP 17-059 CarMax Page 4 of 6 August 1, 2017 shades above the storefront windows.The entry canopies are finished with white stucco and a blue standing seam roof, typical of the CarMax brand. The proposed project complies with the development standards for the Service Industrial zone with the exception of the sales lot. The following items require modification of the development standards: 1. The sales lot does not incorporate landscaping and shade trees in accordance with the Palm Desert Municipal Code (PDMC) 25.52.050—Parking Lot Landscaping Standards. Shade trees are not compatible with the sales parking lot requirement for cars to be kept in a clean condition at all times. 2. The sales lot does not comply with PDMC 24.16 — Outdoor Lighting Requirements. Exterior lighting of the sales lot exceeds the light trespass and illumination levels allowed. The remainder of the site is in conformance with this section of the ordinance. The applicant has submitted a request for higher illumination levels during operational hours for outdoor display use. CarMax requests the approval in accordance with IESNA recommended illumination levels. Approval of this request would allow visibility of the sales lot inventory during operational hours. The fixtures will be full cutoff fixtures with additional shielding to restrict glare at property lines. The system will be controlled by an automated Energy Management System and all fixtures will be dimmed to meet requirements of PDMC 24.16 after operational hours. Operational hours will be set by the store management closer to the opening date, but are expected to be within the hours of 7:30 a.m. and 9:00 p.m. Refer to attached letter and operational lighting zones map for further details of the request. 3. As part of its inventory protection program, CarMax installs low guardrails around its sales display lots. These low guardrails allow for visibility of the vehicles and inventory protection, but are not an approved fencing material (PDMC 25.40.090F), however,staff and the ARC worked with the applicant to design dense hedge-like planting along the north, east and south edge of the sales display lot. The remainder of the site has block walls and decorative metal fencing that conform to the City's ordinance. The development standards may be modified through the Precise Plan process as specified in Section 25.72.030 of the PDMC. Staff is in support of the above modifications only for the sales lot portion of the project. The proposed landscaping is consistent with the City's Desert Flora Design manual and palette. Parking lot and perimeter landscape tree species include Blue Palo Verde and Mesquites. Shrubs include several varieties of Dalea, with the entrance highlighted by Golden Barrel Cactus, Black Foot Daisies, and Dwarf Bottle Brush. Along the guardrail fencing at the sales lot, the applicant has proposed Leucophyllum zygophyllum Blue Ranger' and two varieties of Lantana. Staff recommends that the Lantana be replaced with Tecoma stans or a similar plant that can be maintained as a hedge. \\srv-fil2k3\groups\Planning\Heather Buck\Case Files\PP\PP CUP 17-059 73500 Dinah Shore-Carmax\PC\2017-08-01 PC-Staff Report Carmax.doc Staff Report Case No. PP/CUP 17-059 CarMax Page 5 of 6 August 1, 2017 B. Land Use Compatibility: The proposed parcel to be developed is zoned Service Industrial (SI). The intent of this zone is to allow for the manufacture, distribution, and service of products intended for use in the City and adjacent communities. The parcel to be developed is vacant, but is served by existing utilities and infrastructure. Automotive sales are permitted in this zone, subject to approval of a Conditional Use Permit (CUP). Staff supports the proposal to construct a new automobile sales and service building at this location. The use is consistent with the surrounding district. C. Circulation: Access to the site will be aligned with the existing intersection at Gateway Drive. Secondary access to the sales display area will be located along the east side of the property and shared with the existing Bedrosians tile store. An existing bus turnout will be relocated to the western edge of the property and future reciprocal access to the vacant parcel to the west is provided. D. Parking: On site customer and employee parking is located to the west, with the sales and service building located in the center of the site. The sales staging area will be located north of the new building and the sales display area will be located along the eastern portion of the property. An ornamental fence and gate will separate the customer parking from the sales display area screening this area from public view. A masonry wall is proposed north of the service area and sales staging area. The sales display area will be surrounded by a guard rail with dense hedge-like landscaping.This area will be generally devoid of landscaping, but the rest of the site will be landscaped to meet development standards for the zone. E. Findings of Approval: Findings can be made in support of the project, and in accordance with the City's Municipal Code. Findings in support of this project are contained in the Planning Commission Resolution attached to this staff report. Summary Staff supports the proposal to construct an automobile sales and service building at this location.The use is consistent with the surrounding district,and the design is consistent with the Service Industrial zone and the CarMax brand.The building's architecture and design meet City of Palm Desert standards. \\srv-fil2k3\groups\Planning\Heather Buck\Case Files\PP\PP CUP 17-059 73500 Dinah Shore-Carmax\PC\2017-08.01 PC-Staff Report Carmax.doc Staff Report Case No. PP/CUP 17-059 CarMax Page 6 of 6 August 1, 2017 Environmental Review The Director of Community Development has determined that the proposal to construct a new automobile sales and service building qualifies for an exemption under the California Environmental Quality Act (CEQA) as the site is substantially improved and is served by existing utilities. Staff is recommending that the Planning Commission adopt a Notice of Exemption for the purposes of CEQA. Submitted By: /&-Z� &'�� Heather Buck, Assistant Planner Department Head: Ryan Stendell, Director of Community Development \\srv-fil2k3\groups\Planning\Heather Buck\Case Files\PP\PP CUP 17-059 73500 Dinah Shore-Carmax\PC\2017-08-01 PC-Staff Report Carmax.doc PLANNING COMMISSION RESOLUTION NO. 2703 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO CONSTRUCT A NEW 6,840-SQUARE-FOOT AUTOMOBILE SALES AND SERVICE BUILDING FOR CARMAX LOCATED AT 73-500 DINAH SHORE DRIVE; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: PP/CUP 17-059 WHEREAS, the Architectural Review Commissi A Ltd, at their meeting on July 11 , 2017, review the architecture and landscape JW �r the proposed building, and approved a recommendation to the Planning �r�'imiss for approval of the Precise Plan application, subject to conditions; and WHEREAS, the Planning Commission df sae City of Palm Deft, California, did on the 1st day of August, 2017, hold a duWi'noticed public hearing t consider the request by CarMax Auto Superstores Califorr�,�,LLC, for proval of the move noted; and WHEREAS, the parcel is tee .in the Sergi Industrial (SI) zoning district, which allows "Automotive Sales" asrrrn uses, subs,to approval of a Conditional Use Permit; and WHEREAS, said 4"eons ha*"' qr�ed wtfti� requirements of the "City of Palm Desert Proceduafor Im entatic` the California Environmental Quality Act," 4 thDiResolution No. 20 f Co6munity Development has determined that the project will noire a ne impact ors the environment and qualifies as a Class 32 Categorical Exe f m out-es of EQA. its said �blic hearing, upon hearing and considering all testimony and Aai�finents, if of aferested persons desiring to be heard, said Planning CoMmsion did find t� #ollow �mfacts and reasons to exist to justify approval of the said recast. F FINDINGS MAPPROVW 1. That the ' location of the conditional use is in accordance with the objectives of Zoning Ordinance and the purpose of the district in which the site is located.' The zoning designation for this property is Service Industrial (SI), which allows for the manufacture, distribution, and service of products intended for use within the City and adjacent communities. Automotive sales are permitted, subject to a Conditional Use Permit. Automotive sales and associated automotive services fall under the definition of distribution and service of products, thus consistent with the intent of the SI district. PLANNING COMMISSION RESOLUTION NO. 2703 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. The proposed automotive sales and service facility is located near a freeway interchange where auto-oriented uses are generally located and permitted. The operating hours are proposed to be 7.30 a.m, to 6:00 p.m. for the retail service area and from 9:00 a.m. to 9:00 p.m. for the sales area. These hours are compatible with adjacent business hours and opera. While the outdoor lighting for the sales lot exceeds Palm Desert Muni Code (PDMC) 24.16 — Outdoor Lighting Requirements, the applicant v Uonditioned to install full cutoff fixtures with additional shielding to restr dare` ,property lines and dim fixtures to meet PDMC 24.16 after operatiorl fours. These will not create a public nuisance in terms of parking sages and w/11`` pt all applicable requirements of the building code. There, the use will not detrimental to general public health, safety or welfalt� z r be materially rious Properties or improvements in the vicinity. 41111 3. That the proposed conditiol use will ray with each of the applicable provisions of this title, except& ,roved varl or adjustments. The proposed project complies* arl qpmen��ndards with the exception of outdoor lighting, ndscaping, end FP7atrial at the sales lot and is consistent with �°Mtn#:,of the "Orden"`aim: The Planning Commission may, through,&`Precise elan pros, modify the development standards for a project. The sales lot dhos p�th nt soaping and shade trees in accordance witf,. 25Parking ='Landscaping standards. Trees are not � F2� aibe the "ps parking lot requirement for cars to be kept in a clean � edition at # dimes W wever, the remainder of the site is landscaped in �cordance with Zoriig Ordinance. v This F�sales lot tiffs not comply with PDMC 24.15—Outdoor Lighting Regt ents. Ear lighting of the sales lot exceeds the light trespass and illummal. leve. meowed. The remainder of the site is in conformance with this A. section o r'di lance. Higher illumination levels will allow visibility of the inventory du r operational hours. The fixtures will be full cutoff fixtures with additional shielding to restrict glare at property lines. The system will be controlled by an automated Energy Management System and all fixtures will be dimmed to meet requirements of PDMC 24.16 after operational hours. Operational hours will be set by the store management closer to the opening date, but are expected to be within the hours of 7:30 a.m. and 9:00 p.m. A Condition of Approval has been included, which regulates the lighting levels and hours of operation. 2 PLANNING COMMISSION RESOLUTION NO. 2703 Low guardrails are installed around the sales lot, which allow for visibility of the vehicles and inventory, but are not an approved fencing material (PDMC 25.4.090F). However, a Condition of Approval has been incorporated, which will mandate a hedge be installed to screen the guardrail and be consistently maintained. None of the above modifications to the development standards will be injurious to other parties nor do they require approval of any variances or adjustments. 4. That the proposed conditional use complies with tl foals, objectives, and policies of the City's general plan. The General Plan land use designation for the is Eployment District." The intent of the employment district is to provide a wide vasty of office-intensive activity that could include some mans unng along -., ► research and development opportunities. Allowed laWQw::7::es include a wide vasty of office and limited commercial activity along ► multi-fame . dwellings sized along walkable streetscapes. Uses would incl dp prof-dnal and medJcaW"office, and traditional business parks. The proposed it 'e _ ncludes retail sales office use and automobile service use,both of which a compatible with the intent of the Employment District. The proposed project support seneraf 1 'an Policy - Diverse tax base. This policy recommends 4gve1opme) .an 11. estments to maintain a fiscally sound city wit Divers taxes:"`Diversi of land uses and businesses help sustain mind tax e for the ity. The prop os+ rroject Fon`s Genera,Plan Policy 2.10 - Auto-oriented uses. This policy ree�: f ?�tQrile oriented business in places that are cl mobife tented, ens0f f°that such uses do not disrupt pedestrian are rtJJ ncend, do not break up the building mass of the streetscape, d are compile vftlffie planned uses of the area. The proposed project is ated near a ftway N' hange which is clearly automobile oriented and will e mpatible with a surrounding land uses. 3 PLANNING COMMISSION RESOLUTION NO. 2703 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby approve Precise Plan/Conditional Use Permit 17-059, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning mission of the City of Palm Desert, California, at its regular meeting held on this ' :"day of August 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: NANCY 3 tUNA, CHAIRPERSON ATTEST: s F RY� TENDELL � CRMBY Pi+ .DESERT PLAN, MISSION F F : F< 4 PLANNING COMMISSION RESOLUTION NO. 2703 CONDITIONS OF APPROVAL CASE NO. PP 17-059 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. Construction of said project shall commence within two years from the date of final approval unless an extension of time is granted; othee said approval shall become null, void, and of no effect whatsoever. 3. Any proposed changes to this Precise Plan wit ijiii gip amendment to the application, which will result in a new public heag F. 4. Prior to issuance of a building permit for 4%isruction of any us6leonternplated by this approval, the applicant shall first btf in permits and/or cleatW�ce from the following agencies: 79 Building & Safety Department City Fire Marshal Public Works Department000 ry Coachella Valley Water District 5. Evidence of said btdearancd a abova. jencies shall be presented to the Department a i ildmg Safety a1 & time of issuance of a building permit for the use conterp ed herewin 6. Applicant shall deed, im, t' ldtarmless the city against any third party legal gg � to tI I pprovals, wi counsel chosen by the City at applicant's expo. 7. t*' g mounted #ing 1 Xtures shall conform to the City's Outdoor Lighting 0rdih ice. 8. Full cutoff Mures withIditional shielding to restrict glare at property lines shall be installed in-gg,parker dot. The system shall be controlled by an automated Energy Management S ``and dimmed to meet the requirements of the City's Outdoor Lighting Ordinan" �at 9:00 p.m. 9. Final landscape plans shall be submitted to the City's Department of Community Development and the Coachella Valley Water District for review and approval. The landscape plan shall conform to the preliminary landscape plans prepared as part of this application, and shall include dense plantings of landscape material. All plants shall be a minimum of five gallons in size, and a minimum 24-inch box is required for shade trees. 5 PLANNING COMMISSION RESOLUTION NO. 2703 10.A continuous hedge shall be maintained along the guardrail. Applicant shall select appropriate plant material to be installed and provide full screening of the guardrail upon installation. Final plant selection and landscape plans shall be approved by the City's Department of Community Development. 11.The applicant shall submit a signed application to the City's Department of Community Development for any building mounted or monument signs associated with the project. 12.The applicant shall comply with the Conditions adopted be Architectural Review Commission, and as listed on the Notice of Action dated 12, 2017. 13.No advertising devices such as balloons, roof-mounted adverting/devices, flags, pennants, propellers, oscillating, and any rotating devices. 14.An approved Native American Monitor sha present during anyund disturbing ky activities for the project. DEPARTMENT OF PUBLIC WORKS: '' 15.The applicant shall submit a god plan to the , partment of Public Works for review and approval. Any changa.p to%4 approved bW.or landscape plans must be reviewed for approval prior to work&mmenb 16.The grading plans ly 6"all props �ttid exist itilities. 17.The applicant ill submit PM10 acation for approval. The applicant shall comply with alf visions calm Desert (Municipal Code Section 24.12 regarding Fugitive Dust Cori, F F:: F �< 18.The 1 cah� ab be fay all provisions of City of Palm Desert Ordinance 843, Sin 24.20 Sto rater M ment and Discharge Ordinance. 19.Tho licant shall wit a final Water Quality Management Plan (WQMP) for approval, The WQMP II identify the Best Management Practices (BMPs) that will be used *1e site to antrol predictable pollutant runoff. Prior to the issuance of a grading peffi1ft the gyration and Maintenance Section of the approved final WQMP shall be recorder the County's Recorder Office and a conformed copy shall be provided to the Fiblic Works Department. 20.Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. 6 PLANNING COMMISSION RESOLUTION NO. 2703 21.The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653. 22.The applicant shall enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of all off-site improvements. Improvements shall include; but are not limited to: A. The installation of an 8' curb adjacent sidewalk on 15601 Shore Drive. B. The modification of the traffic signal at Dinah Shcat �rive and Gateway Drive. C. The relocation of the existing bus turnout on D' wore Drive. DEPARTMENT OF BUILDING AND SAFETY: 23.This project shall comply with the latest aq bid' edition of the follo�N codes: A. 2016 California Building Code and"tt Appeno* nd standards. B. 2016 California Plumbing Code and itspes and standards.eadw C. 2016 California Mechanical Code and its indices and standards. D. 2016 California Electrical Cam,, E. 2016 California Energy Col F. 2016 California Green Building Standas Code G. 2016 California..,Ad inistrative ode H. 2016 Califo e and ftsrendices& standards. 24.Provide building eight and arba analyse##o determine compliance with CBC Section 503. Justify arwlawa increases to height And area as permitted per CBC Sections 504 and 506. 25.Prove"a db #e set # scaled or fully dimensioned elevations to determine the F rju�er of stories: the �aposed project. CBC Section 503 (Definition of "Grade 1 �" "Story," and terry A44,grade plane"). 26.ProviMlllan area anal y ,; on the first sheet of the plans to justify the allowable floor areas fog a mixed occjancy building. The sum of the ratio of the actual area for each occupgy div "by the allowable area for each occupancy must not exceed 1.00. For bum Atli fire walls, use the floor area of each separate "building„ to justify the area Section 508.4.2 and 706.1. 27.Submit an exit plan that labels and clearly shows compliance with all required egress features such as, but not limited to, common path of travel, required number of exits and separation, occupant load, required width, continuity, travel distance, elevators, etc. CBC 1001.1. 28.An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 7 PLANNING COMMISSION RESOLUTION NO. 2703 29.A disabled access overlay of the precise grading plan is required to be submitted to the Department of Building and Safety for plan review of the site accessibility requirements as per 2013 CBC Chapters 11 A & B (as applicable) and Chapter 10. 30.All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-206). 31.Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State : California, the ADA requirement shall supersede the State requirement. 32.Provide an accessible path of travel to the trash e, owsu .,,The trash enclosure is required to be accessible. Please obtain a detail m theeartment of Building and Safety. 33.Assembly Bill 1732 became effective Maw ' , 2017, which requires businesses to provide one "single-user toilet facility" wfk-fi means a tet facility wiNifib;more than one water closet and one urinal with a loc`fc#% meet m controlled bV the user to be designated as an all gender toilet facility , #acility shall be provided with appropriate signage indicating Gender." If r project is only providing one unisex facility, then that facility rMU'lY due one water closet and one urinal and sink and have the appropriate signal sta "All Gene '° Health and Safety Code §118600. �F 34.All contractors and tors sli #due a curri ity of Palm Desert Business License prior to p�rrhit issuan a per Pam desert Municipal Code, Title 5. 35.A11 contractors at /or owr �§pjjoers m ' submit a valid Certificate of Workers' Compensation In't roc o ve td the issuance of a building permit per CaIifon or Codes ction 3700. ` 36.A r`bss numerafs Uall cc� ay with Palm Desert Ordinance No. 1265 (Palm Desert ipal Code 1528, Corn nce with Ordinance 1265 regarding street address loca dimension, sfCe of line, distance from the street, height from grade, height from t4��treet, etc sfa be shown on all architectural building elevations in detail. Any posse obstructs, shadows, lighting, landscaping, backgrounds or other reasons that tray renter the building address unreadable shall be addressed during the plan reviess. You may request a copy of Ordinance 1265 or Municipal Code Section 15` from the Department of Building and Safety counter staff. 37.Please contact Cherie Williams, Building Permit Specialist II, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. 8 PLANNING COMMISSION RESOLUTION NO. 2703 FIRE DEPARTMENT: 38.The proposed project may have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, traffic and population. The project proponents/developers will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees. 39.Fire Department emergency vehicle apparatus access ,r locations and design shall be in accordance with the California Fire Code, qW b Palm Desert Municipal Code, and Riverside County Fire Department Standards fans must be submitted to the Fire Department for review and approval prior t(j. 60ermit issuance. 40.Fire Department water system(s) for fire prof shall be in h rdance with the California Fire Code, City of Palm Desert MjUrffcipal Code and RiVbf. a County Fire Department Standards. Plans must be sUbmitted to the Fire Depa&it rat for review and approval prior to building permit issua>i , 41.Tract/Parcel Map development cases—prior to Nil d;ifig Permit issuance, the required water system, including all fire bras(s), shalf :installed and accepted by the appropriate water agency and tft�'. Re Counter dare Department prior to any combustible building material plat ondividu ;fit. Contact the Riverside County Fire Department to inspect the reqW. , a f floW street signs, all weather surfaces, and all act �,W1 r secor�a +ccess. roved water plans must be at the job site. SPECIAL PROGRia: 42.The pt � II pro bus turnlartrnout. 43 an ned trash r�clos : must be consistent with Palm Desert Municipal Code Cater 8.12. Burrt Was� I d Recycling Services must review and sign-off on the n in relation tq thi e placement and number of trash/recycling enclosures. The applic i�may contact J.0 nifer with Burrtec at (760) 340-6445 regarding this issue. PUBLIC ART. 44.The Public Art b ion recommends that in lieu of placing art on the project site, the applicant considers leaving the public art fee for the project in the Public Art Fund. The applicant can contact the public art staff with any questions. 9 CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 17-059 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION FOR CONSIDERATION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND APPROVAL TO CONSTRUCT A NEW 6,840-SQUARE- FOOT AUTOMOBILE SALES AND SERVICE BUILDING FOR CARMAX LOCATED AT 73-500 DINAH SHORE DRIVE The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has determined that this project is Categorically Exempt from CEQA review under Class 32 — 15332 In-Fill Development Projects as this project is consistent with the City's General Plan and zoning regulations, the project site is less than five (5) acres in size and is surrounded by urban uses, the project site has no value as habitat, existing utilities serve the project site and are available, and approval of the project will not result in significant impacts to traffic, noise, air quality or water quality. Project Location/Description: Project Location: 73-500 Dinah Shore Drive Project Description: A Precise Plan application has been submitted for the construction of a new 6,840- square-foot automobile sales and service building for CarMax Auto Superstores California, LLC. The lot to be redeveloped is approximately 4.23 acres in size. Recommendation: Staff is recommending approval of the automobile sales and service building, subject to conditions. Public Hearing: The public hearing will be held before the Planning Commission on August 1, 2017, at 6:00 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 for this project is from July 22, 2017 to August 1, 2017. Public Review: The Precise Plan application and related documents 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, the 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 Planning Commission hearing. All comments and any questions should be directed to: Heather Buck, Assistant Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 hbuck@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary July 22, 2017 Palm Desert Planning Commission NOTICE OF EXEMPTION TO: FROM: City of Palm Desert ❑ Office of Planning and Research 73-510 Fred Waring Drive Palm P. O. Box 3044,Room 113 Desert,CA 92260 Sacramento,CA 95812-3044 ® Clerk of the Board of Supervisors 2724 Gateway Dr,Riverside, or CA 92507 County Clerk County of: Riverside 1. Project Title: Carmax 2. Project Applicant: CarMax Auto Superstores California,LLC 3. Project Location—Identify street address and 73-500 Dinah Shore Drive cross streets or attach a map showing project site palm Desert,CA 92211 (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 4. (a)Project Location—City: Palm Desert (b) Project Location—County: Riverside 5. Description of nature,purpose,and beneficiaries The applicant requests to construct a sales and service of Project: building along with an auto sales parking lot for CarMax. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the CarMax Auto Superstores California,LLC 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. (Pub. Res. Code§ 21080(b)(1);State CEQA Guidelines § 15268) (b) ❑ Not a project. (c) ❑ Emergency Project. (Pub.Res. Code§ 21080(b)(4);State CEQA Guidelines § 15269(b),(c)) (d) ® Categorical Exemption. Class 32"In-fill Development Project"a—e State type and section number: 15332 (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: Project is consistent with the City's general plan and applicable zoning regulations. The site has no value as habitat,is served by existing utilities, and does not result in significant effects on traffic, noise,air quality,or water quality. Notice of Exemption FORM`B" 1 Heather Buck,Assistant Planner 0. Lead Agency Contact Person: Telephone: (760)346-0611 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: August 1, 2017 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" CIT Y O f P 0 1 M D E S E R T 73-5 T o FRED WARING DRIVE PALM DESERT,CALIFORNIA 92Z60-2578 TEL: 7610 346--o6ii Info®clryofpsdmdesert.org July 12, 2017 ARCHITECTURAL REVIEW COMMISSION NOTICE OF ACTION CASE NO: PP 17-059 APPLICANT AND ADDRESS: CARMAX AUTO SUPERSTORES CALIFORNIA, LLC, c/o Centerpoint Integrated Solutions, 355 Union Blvd Suite 301, Lakewood, CO 80228 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of preliminary approval to construct a new 6,840-square-foot automobile sales and service building with associated site improvements; Carmax LOCATION: 73500 Dinah Shore Drive ZONE: S.I. Upon reviewing the plans and presentations submitted by staff, and by the applicant, the Architectural Review Commission granted preliminary approval subject to: 1) stucco paint colors shall be similar to the color contrast shown on the color board and finalized with staff; 2) the depth of the light earth tone element on the south face of the service building shall increase to 2' off the face of the building (south) and 2' past the main building parapet (north); 3) increase wainscoat by 2' (for a height of 6' above grade) at entry structures; and 4) a condition of approval will be placed on the project for continuous maintenance of the landscape, specifically along the guardrail. Date of Action: July 11, 2017 Vote: Motion carried 5-0-2, with Commissioner Brewer and Lambell absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. EJ 1'xMoxutrcuxruu CARmax0 r=E:--1 t 1 c=: 12800 Tuckahoe Creek Parkway• Richmond,VA 23238 City of Palm Desert Heather Buck 73-510 Fred Waring Drive Palm Desert,California 92260 Dear Heather Buck, Please accept this formal request for a clarification to Chapter 24.16—Outdoor Lighting Requirements to allow for higher illumination levels during operational hours for outdoor display uses. CarMax is requesting this approval in accordance with IESNA recommended illumination levels that differ from those specified in the City of Palm Desert Municipal Code. These levels are found in IESNA recommendations for Outdoor Retailing as noted in the loth edition of The Lighting Handbook and IES RP-33-14, Lighting for Exterior Environments. While the display of automotive inventory outdoors is specific to automotive dealerships, CarMax is unusual in that we isolate our pre-owned inventory from customer parking in a secured area and our associates appraise vehicles for purchase in the customer parking lot. Additionally, CarMax offers a vast selection of inventory,from Acura to Volvo;whereas a traditional dealership will have an interior showroom capable of displaying a majority of their models. Honesty,transparency,and quality are of upmost importance to CarMax and our customers. This necessitates a minimum level of luminance to satisfy this requirement. The IESNA recommended lighting levels per each designated area as noted in the 10t' edition of The Lighting Handbook are: • Front Row 27fc avg • Sales Areas(Public Spaces) 14fc avg • Parking Areas and Drive Aisles 3fc avg • Storage Areas 3fc avg • (Values are based on LZ3, Medium activity) Correlating to the CarMax site plan: • Front Row—area in Sales Display Area closest to Dinah Shore Drive • Sales Areas(Public Spaces)—all other areas in Sales including area within Customer& Employee Parking where appraisals are conducted • Parking Areas and Drive Aisles—Customer& Employee Parking excluding appraisal area • Storage Areas—Sales staging areas (Please refer to the attached Operational Lighting Zones exhibit for further explanation) There are a number of factors noted in RP-33-14 justifying these light levels for the display of outdoor merchandise; • Nighttime shoppers maintain the expectation that display lighting will be sufficient to accurately assess the inventory; THE AUTO SUPERSTORE �CAHMM0 _—n r_--n r= :"-:a 12800 Tuckohoe Creek Parkway• Richmond,VA 23238 • At low light levels the cones in our eyes cannot respond to light and therefore our ability to perceive colors is severely diminished; • It generally takes our eyes about 30 minutes to adapt low light levels which greatly affects the ability to identify black symbols on a white surface; • The use of curfews to provide community responsive design can allow higher illumination levels during operational hours. CarMax luminaires will be full cutoff fixtures mounted 26' above the ground with additional shielding, as required,to restrict glare at property lines. The system will be controlled by an automated Energy Management System (EMS) and all fixtures will be dimmed to meet requirements of Chapter 24.16 after operational hours.As store management will set operating hours closer to the opening date. Generally,the showroom (sales) areas of similar stores are typically open to the public Monday through Saturday from 9:00 a.m.to 9:00 p.m.with limited hours on Sundays, subject to market factors and local law;while the retail service areas are typically open to the public Monday through Friday from 7:30 a.m.to 6:00 p.m.Associates will be present at the store several hours after the public operating hours.The automated EMS would be pre-programmed to dim the lights after associates have left. The tasks necessary to successfully buy and sell merchandise outdoors are both specific and unusual.Therefore,we feel granting relief for the increased lighting levels during the store's evening operational hours is consistent with the intent of the City of Palm Desert Municipal Code Section 24.16 and would not Impose an undue burden on the surrounding properties. Upon approval, CarMax will submit a lighting plan for operational hours concurrent with a building permit application consistent with the IESNA recommend lighting levels detailed below as well as the attached Operational Lighting Zones exhibit.A lighting plan for non-operational hours will also be submitted consistent with Chapter 24.16. ------------ THS AUTO SUPSRSTOA! 0 • . i•' Q O N Q z w o n d� '1a3s3a wlbd Z "u ° W W o �� Z o i LL Za • • ° '° o uj W W W ,y/�/ AS NOIld]8DS30 3lVO ON dS Z U '" N p N 0 0 0 0 0 0� WJ y Z no Z • W © N 4 7 C W W LL Q (y U O O O cz m > >co cff N r Co co r— O r () II O r w W � ! 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Wdl*& 1 dZiS CC c>k Zic "xwuary o ., • -•i -�, = � a a�j CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION TO APPROVE A PRECISE PLAN TO CONSTRUCT A NEW 23,385-SQUARE-FOOT LABORATORY/ OFFICE BUILDING FOR THE COACHELLA VALLEY WATER DISTRICT LOCATED AT 75-519 HOVLEY LANE EAST; AND TO ADOPT A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SUBMITTED BY: Heather Buck, Assistant Planner APPLICANT: Coachella Valley Water District 75-515 Hovley Lane East Palm Desert, CA 92211 CASE NO: PP 17-093 DATE: August 1, 2017 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2704 2. Legal Notice 3. Notice of Exemption (CEQA) 4. Architectural Review Commission (ARC) Notice of Action 5. Architectural Exhibits, Site Plans, Landscape Plans Recommendation Waive further reading and adopt Planning Commission Resolution No. 2704, approving a Precise Plan for the construction of a 23,385-square-foot laboratory/office building for the Coachella Valley Water District (CVWD) including a Categorical Exemption underthe California Environmental Quality Act, subject to conditions. Architectural Review Commission The City's ARC reviewed the applicant's request for the new building at their meeting on July 11, 2017. The Commission voted 5-0-2 (Commissioner Brewer and Lambell absent) in recommending preliminary approval of the new lab/office building and site improvements with the following conditions: Staff Report Case No. PP 17-093 CVWD Laboratory/Office Building Page 2 of 5 August 1, 2017 1. Integrate architectural and construction details for the mechanical well to cleanly transition to the pitched roof surface and carefully study detail joints between sheets of roofing material. 2. Restudy the location of the exhaust vents to determine if they can be moved south. Executive Summary Approval of staff's recommendation will allow the construction of a new 23,385-square-foot lab/office building for critical support services and associated site improvements. The building will be constructed on a previously graded parcel adjacent to the existing Operations building for CVWD. The development includes landscaping and minor site work, but no changes to the existing parking, vehicular circulation or public right-of-way are proposed. The building conforms to the development standards for land use compatibility and parking. A modification to the development standards for the height is required. This modification may be made through the Precise Plan process. Precise Plan applications and modification of development standards require approval from the Planning Commission. Background A. Property Location: The new laboratory/office building will be built on a previously graded pad at the CVWD campus east of Beacon Hill and south of Hovley Lane East.The CVWD campus is over 118 acres in size and encompasses several parcels. The campus includes an Operations building, Administrative building, and drainage basins. B. General Plan and Zoning Designations: General Plan: Public Facility/Institution Zone: P, Public/Institutional C. Adjacent Zoning and Land Use: North: Zone P.R-5, Planned Residential 5 units per gross acre South: Zone P, Public/Institutional, CVWD Campus East: Planned Residential in the City of Indian Wells West: Zone P, Public/Institutional, CVWD Campus G:\Planning\Heather Buck\Case Files\PP\PP 17-093 75519 Hovley Lane East-CVWD\PC\2017-08-01 PC-Staff Report CVWD.doc Staff Report Case No. PP 17-093 CVWD Laboratory/Office Building Page 3 of 5 August 1, 2017 Project Description The project includes the construction of a new 23,385-square-foot laboratory/office building for critical support services and associated site improvements. The building will be constructed on a previously graded parcel adjacent to the existing Operations building for CVWD. The development includes landscaping and minor site work, but no changes to the existing parking, vehicular circulation or public right-of-way are proposed. Analysis A. Site Plan & Building Design: For the purposes of this project, the calculations below are based only on the easternmost parcel that contains the Operations building and proposed lab/office building. STANDARD P ZONE PROJECT Coverage - 0.015% Height 35-0" 36'-6" from lower grade 22'-6"from upper grade Front Setback - 141'-11" Rear Setback - +/-3,700' Side Setbacks - 340'+ 4 per 1,000 s.f. 256 stalls Parking (94 stalls) (includes 83 required stalls for the existing Operations buildin Landscaping 20% +/-20% The proposed project complies with the development standards for the Public/Institutional zone, with the exception of the building height. The land to be developed is on a previously graded pad. The pad slopes down to the west. Access to the building will be available from the upper level (east) or the lower level (west). The building appears as a single story building (22'-6" in height) from Hovley Lane East, but due to the grade differential on the site, is constructed as a two- story building (36'-6" from lower grade). While the height from grade (lower level) exceeds the development standards by V-6", it is consistent with the overall campus building massing and height. Additionally, it is lower in height than the adjacent administration building to the east. Development standards may be modified through GAPlanning\Heather Buck\Case Files\PP\PP 17-093 75519 Hovley Lane East-CVWD\PC\2017-08-01 PC-Staff Report CVWD.doc Staff Report Case No. PP 17-093 CVWD Laboratory/Office Building Page 4 of 5 August 1, 2017 the precise plan process as specified in Section 25.72.030 of the PDMC. Staff is in support of the above modification. The purpose of the building is for laboratory testing, office and field staff, and critical support services. As such, the building will be built to Essential Services Building standards. There will be no public entry into the building—it is for staff use only. The proposed building is a two-story building that is 23,385 square feet in size. The architecture resembles, but does not exactly mimic the adjacent Operations building in design. The building massing and size is consistent with the existing CVWD campus buildings. The building architecture is complementary to the existing Operations building in form and in materiality. The low-slung building is constructed of integral colored CMU blocks in a variety of finishes and patterns and the pitched roofs are finished with standing seam metal roof materials to match the adjacent building. The corrugated metal siding at the mechanical well has the same finish as the roof material. Both buildings incorporate covered walkways to provide shade and give the buildings depth and movement. The proposed project blends the new landscaping in with the existing landscaping at the CVWD campus. Existing trees along the parking area will remain and the plant material at the north side of the pad will remain. The plant material selected includes a range of drought tolerant plant materials, including jojoba, pink muhly(regal mist), and a couple Peruvian apple cactus plants. New tree species include the Texas Ebony, Tipuana Tipu, and California Fan Palm. B. Land Use Compatibility: The proposed parcel to be developed is zoned P, Public/Institutional. The intent of this zone is to provide for the orderly establishment of public facilities, expansion of their operations, or change in the use of lands owned, leased, or otherwise controlled by governmental agencies and for the orderly establishment of quasi-public institutional uses. The area to be developed is located on a previously graded pad on the CVWD campus. Utility facilities are permitted in this zone, subject to approval of a Conditional Use Permit (CUP). The CVWD campus has an existing CUP and is not modifying any of the existing conditions. C. Circulation: The pad to be developed is located at the existing CVWD campus south of Hovley Lane East. The site is accessible from Water Way, an existing roadway leading to the existing Operations building. The new building will be located north and west of the Operations building and will be served by existing parking. G:\Planning\Heather Buck\Case Files\PP\PP 17-093 75519 Hovley Lane East-CVWD\PC\2017-08-01 PC-Staff Report CVWD.doc Staff Report Case No. PP 17-093 CVWD Laboratory/Office Building Page 5 of 5 August 1, 2017 D. Parking: There is no change to the existing parking. E. Findings of Approval: Findings can be made in support of the project, and in accordance with the City's Municipal Code. Findings in support of this project are contained in the Planning Commission Resolution attached to this staff report. Summary Staff supports the proposal to construct a laboratory/office building at this location. The use is consistent with the surrounding district, and the design is consistent with the CVWD campus. The building's architecture and design meet City of Palm Desert standards. Environmental Review The Director of Community Development has determined that the proposal to construct a new laboratory/office building qualifies for an exemption under the California Environmental Quality Act (CEQA) as the site is substantially improved and is served by existing utilities. Staff is recommending that the Planning Commission adopt a Notice of Exemption for the purposes of CEQA. Submitted By: Heather Buck, Assistant Planner Department Head: ---A yan Sten ell, Director of Community Development GAPlanning\Heather Buck\Case Files\PP\PP 17-093 75519 Hovley Lane East-CVWD\PC\2017-08-01 PC-Staff Report CVWD.doc PLANNING COMMISSION RESOLUTION NO. 2704 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO CONSTRUCT A NEW 23,385-SQUARE-FOOT LABORATORY/OFFICE BUILDING FOR THE COACHELLA VALLEY WATER DISTRICT LOCATED AT 75-519 HOVLEY LANE EAST; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: PP 17-093 WHEREAS, the Architectural Review CommisF d, at their meeting on July 11, 2017, review the architecture and landscape ins '- the proposed building, and approved a recommendation to the Plan nipo ,ammissit�;for approval of the Precise Plan application, subject to conditions, a WHEREAS, the Planning Comm issiofi -"the City of Palm Desert.". ifornia, did on the 1st day of August, 2017, hold a diJV11noticed : c hearing to insider the request by Coachella Valley Water District, for a vaf;�`. e above noted; and 01, WHEREAS, the parcel is fib in the PutW.fnstitutional (P) zoning district, which allows "Utility facilities" as pe s subject ` pproval of a Conditional Use Permit; and WHEREAS, the 1� �1a Valley Distritossesses a Conditional Use Permit (CUP 07 10a utilitycilitiesed at 75-515 Hovley Lane East (main Operations buildir�� dress) anon amen�nt to the CUP is not required; and AN 11 WHEREAS, s pp1 Ne. corn ed with the requirements of the "City of Palm Des, dure3``4plemenftr the California Environmental Quality Act," Resoluf_, o °2 -75,A 01rector of Community Development has determined that the t will not a neve impact on the environment and qualifies as a Class 32 �orical Exempt for th"iWir oses of CEQA. F F NC"k, THEREFOR`z'-hxBE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY (BALM DET, CALIFORNIA, AS FOLLOWS: 1. That thF recitations are true and correct and constitute the findings for �......., .x� approval"" Planning Commission in this case. 2. That the Planning Commission does hereby approve Precise Plan 17-093, subject to conditions. PLANNING COMMISSION RESOLUTION NO. 2704 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on this 1 st day of August 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 'NCY DELUNA, CH SON ATTEST: RYAN STENDELL, SECRETARY F° PALM DESERT PLANNING COMMI� N F r� z� t 2 PLANNING COMMISSION RESOLUTION NO. 2704 CONDITIONS OF APPROVAL CASE NO. PP 17-093 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. Construction of said project shall commence within two years from the date of final approval unless an extension of time is granted; others said approval shall become null, void, and of no effect whatsoever. 3. Any proposed changes to this Precise Plan will esquire amendment to the application, which will result in a new public hearing.` 4. Building mounted lighting fixtures shallrrm to the City's O #door Lighting Ordinance. 5. Final landscape plans shall be submitted to m.es Department of Community Development and the Coachella Valley Water i t for review and approval. The landscape plan shall conform tc preliminary la ape plans prepared as part of this application, and shall include denim plantingsdscape material. All plants shall be a minimum of five gallons i~t size, a� minimb 24-inch box is required for shade trees. 6. The applicant s# subm signed °application to the City's Department of Community D.e �pment fob y buildwmounted or monument signs associated with the project 10 7. Comps �� e pro listed in C6606nal Use Permit CUP 07-10. 8. shWbompfy�I, th the Conditions adopted by the Architectural Review GnMmission, and asjlsted Attie Notice of Action dated July 12, 2017. DEPART�T OF PUBLIC WORKS: 9. The applica shahmit a grading plan to the Department of Public Works for review and apt Any changes to the approved civil or landscape plans must be reviewed for appttval prior to work commencing. 10.The grading plan shall identify all proposed and existing utilities. 11.The applicant shall submit a PM10 application for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 3 PLANNING COMMISSION RESOLUTION NO. 2704 12.The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 13.The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653. DEPARTMENT OF BUILDING AND SAFETY: 14.This project shall comply with the latest adopted edition tie following codes: A. 2016 California Building Code and its append 169 and;a#andards. ,;. B. 2016 California Plumbing Code and its appendices andndards. C. 2016 California Mechanical Code and pendices and �andards. D. 2016 California Electrical Code. E. 2016 California Energy Code. F. 2016 California Green Building Stah , ds Code G. 2016 California Administrative Code H. 2016 California Fire Code and its appendl,* and standards. 15.All contractors and subcontractorsha�have a cure pity of Palm Desert Business License prior to permit issuance peer halm c eser# Muni61p�Code, Title 5. 16.All contractors and/ `�e -builders;na afi "submit a' alid Certificate of Workers' Compensation Ir Wt`ance 0"rage pn " o the issuance of a building permit per California Labor amide, Sects& 700. 17.Address numerals ill � Wi Palm Desert Ordinance No. 1265 (Palm Desert Munic of ode 15 `C mpliance VWOrdinance 1265 regarding street address locate, trigmon, s l of line, distance from the street, height from grade, height frame"fie street, a shall shown on all architectural building elevations in detail. possible obst ons, meadows, lighting, landscaping, backgrounds or other rearms that may render the biding address unreadable shall be addressed during the ply review proce�, You may request a copy of Ordinance 1265 or Municipal Code Sdbfi 15.28 frc"`the Department of Building and Safety counter staff. 'KA18.Please conta� � 8� "Williams, Building Permit Specialist ll, at the Department of Building and Sa (760-776-6420) regarding the addressing of all buildings and/or suites. FIRE DEPARTMENT: 19.The proposed project may have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, traffic and population. The project proponents/developers will 4 PLANNING COMMISSION RESOLUTION NO. 2704 be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees. 20.Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. 21.Fire Department water system(s) for fire protection shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code Sao Riverside County Fire Department Standards. Plans must be submitted to thg115 Department for review and approval prior to building permit issuance. SPECIAL PROGRAMS: 22.No additional enclosure for trash and recyk pft is required, as thecility's existing service level can be expanded upon to p p ice for the add itioraWl. use. PUBLIC ART: 23.The Public Art Division recomrrt'" at in lieu o I&Wing art on the project site, the applicant considers leaving the p l c fee for tRii$ oject in the Public Art Fund. The applicant can contact the publFrt sta� a any ,ions. F, -Q 5 CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 17-093 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION FOR CONSIDERATION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND APPROVAL TO CONSTRUCT A NEW 23,385-SQUARE- FOOT LAB/OFFICE BUILDING FOR COACHELLA VALLEY WATER DISTRICT LOCATED AT 75- 519 HOVLEY LANE EAST The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has determined that this project is Categorically Exempt from CEQA review under Class 32 — 15332 In-Fill Development Projects as this project is consistent with the City's General Plan and zoning regulations, the project site is less than five (5) acres in size and is surrounded by urban uses, the project site has no value as habitat, existing utilities serve the project site and are available, and approval of the project will not result in significant impacts to traffic, noise, air quality or water quality. Project Location/Description: Project Location: 75-519 Hovley Lane East Project Description: A Precise Plan application has been submitted for the construction of a new 23,385-square-foot lab/office building for Coachella Valley Water District. The building will be constructed on a previously graded pad at the CVWD campus south of Hovley Lane East. The area of work is approximately 0.50 acres in size. Recommendation: Staff is recommending approval of the lab/office building, subject to conditions. Public Hearing: The public hearing will be held before the Planning Commission on August 1, 2017, at 6:00 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 for this project is from July 22, 2017 to August 1, 2017. Public Review: The Precise Plan application and related documents 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, the 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 Planning Commission hearing. All comments and any questions should be directed to: Heather Buck, Assistant Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 hbuck@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary July 22, 2017 Palm Desert Planning Commission NOTICE OF EXEMPTION TO: FROM: City of Palm Desert ❑ Office of Planning and Research 73-510 Fred Waring Drive Palm P. O.Box 3044,Room 113 Desert,CA 92260 Sacramento,CA 95812-3044 ® Clerk of the Board of Supervisors 2724 Gateway Dr,Riverside, or CA 92507 County Clerk County of. Riverside 1. Project Title: Coachella Valley Water District(CVWD)Critical Support Services Building 2. Project Applicant: CVWD 3. Project Location—Identify street address and 75-519 Hovley Lane East cross streets or attach a map showing project site palm Desert,CA 92211 (preferably a USGS 15' or 7 1/2'topographical map identified by quadrangle name): 4. (a)�Pro*eca —City:Palm Desert (b) Project Location—County: Riverside 5. Description of nature,purpose,and beneficiaries The applicant requests to construct a lab/office building for of Project: the CVWD on a previously graded pad within the existing CVWD campus. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the CVWD 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. Exe�status: eck one) (a) ❑ Ministerial project. (Pub.Res. Code§ 21080(b)(1); State CEQA Guidelines § 15268) (b) ❑ Not a project. (c) ❑ Emergency Project. (Pub.Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) ® Categorical Exemption. Class 32"In-fill Development Project"a—e State type and section number: 15332 (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: Project is consistent with the City's general plan and applicable zoning regulations.The site has previously been graded and is internally located on the existing CVWD cam us. As such,the site has no value as habitat,is served Notice of Exemption FORM`B" by existing utilities,and does not result in significant effects on traffic,noise,air quality,or water quality. g. Aency Contact Person: Heather Buck,Assistant Planner ne: (760)346-0611 y applicant:Attach Preliminary Exemption Assessment(Form"A")before filing. otice of Exemption been filed by the public agency approving the project? Yes ❑ No blic hearing held by the lead agency to consider the exemption? Yes® Noe date of the public hearing was:August 1,2017 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 O F POEM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA g226o-2578 TEL: 76o 346—o6ix info@cityofpalmdeserc.org July 12, 2017 ARCHITECTURAL REVIEW COMMISSION NOTICE OF ACTION CASE NO: PP 17-093 APPLICANT AND ADDRESS: COACHELLA VALLEY WATER DISTRICT (CVWD), 75515 Hovley Lane East, Palm Desert, CA 92211 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of preliminary approval to construct a new 23,385-square-foot lab/office building; CVWD. LOCATION: 73519 Hovley Lane East ZONE: P Upon reviewing the plans and presentations submitted by staff, and by the applicant, the Architectural Review Commission granted preliminary approval subject to: 1) integrate architectural and construction details for the mechanical well to cleanly transition to the pitched roof surface and carefully detail joints between sheets of roofing material; and 2) restudy the location of the exhaust vents to determine if they can be moved south. Date of Action: July 11, 2017 Vote: Motion carried 5-0-2, with Commissioner Brewer and Lambell absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. 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Draft Planning Commission Resolution No. 2705 2. Exhibit A—Section 25.56 Signs (Redlines) 3. Exhibit B —Section 25.56 Signs (Clean Version) 4. Exhibit C —Section 25.99.020 Land Use Definitions 5. Applicable Commercial Properties Exhibit 6. Applicant's Request Letter 7. The Desert Sun Legal Notice 8. Notice of Exemption 9. Proposed Freeway Sign Exhibit Recommendation Waive further reading and adopt Planning Commission Resolution No. 2705, recommending to the City Council adopt Zoning Ordinance Amendment 17- 070 amending Section 25.56 Signs to allow for freeway-oriented monument signs for planned commercial developments greater than 10 acres in size and abutting Interstate 10 and add definitions to Section 25.99.020 Land Use Definitions related to monument signs. Staff Report ZOA 17-070 Sign Ordinance Page 2 of 4 August 1, 2017 Background In May 2017, the City Council approved the Monterey Crossing Specific Plan for an 18-acre commercial development bounded by Monterey Avenue to the west, Dinah Shore Drive to the south, and Pacific Railroad to the north. As part of this development, the applicant submitted a Sign Program for review by the Architectural Review Commission (ARC). The Sign Program included design criteria for building-mounted signs, monument signs along Dinah Shore Drive, and taller freeway-oriented monument signs shown at a height of 40 feet. The Sign Ordinance does not permit these types of larger freeway monument signs, as a result, the ARC did not approve the use of the signs. However, the ARC did provide general comments on the sign design and provided feedback for specific design criteria and studies that they'd like to see as part of a review for such a monument sign. The ARC was generally receptive to the proposed design. Prior to City Council approval of the project the applicant for Monterey Crossing submitted a Zoning Ordinance Amendment requesting that the Sign Ordinance (P.D.M.0 Section 25.56) be amended to allow for freeway-oriented monument signs. The proposed amendment was not considered by City Council when it reviewed the overall project in order to allow staff to study the matter further. Project Description The proposed project would allow freeway-oriented monument signs for Planned Commercial (PC) centers greater than 10 acres in size and located along Interstate 10. These monument signs would allow PC centers, established through the City's planning application process, to erect no more than one (1) monument sign along Interstate 10; subject to the following standards: • Maximum height of 40 feet. • Sign setback of 10 feet from property line, setback not to exceed 50 feet from property line. • One sign per Planned Commercial development abutting Interstate 10. • Requires enhanced design. • Design review and approval from the Architectural Review Commission. In addition to the amendment to the City's Sign Ordinance (Section 25.56), staff proposes to provide definitions in Section 25.99.020 Land Use Definitions for "monument signs" and "freeway-oriented monument signs." The definitions help distinguish between the two sign types and their applicability. Analysis Staff has reviewed the applicant's request, and has studied ordinances from other jurisdictions that allow for these types of freeway monument signs. Many cities in Southern California with freeway frontage allow for these types of signs, subject to specific criteria for design, maximum height, sign area, and content. In the Coachella Valley only three (3) Staff Report ZOA 17-070 Sign Ordinance Page 3 of 4 August 1, 2017 cities permit freeway-oriented signs: Cathedral City, Indio, and Coachella. Of the cities researched staff has identified the following: Palm Desert Freeway Monument/Pylon Signs Riverside Moreno Valley Murrietta Indio Cathedral City Coachella (proposed) Commercial Commercial Shopping Commercial Commercial Commercial Planned Complexes and Centers Centers Complexes and Industrial and Industrial Commercial Commercial projects(PCC properties complexes Applicability Mixed Use and 1-1 zones) 110 sq.ft.-500 400 sq.ft. 400 sq.ft. 150 sq.ft./ 175 sq.ft. 400 sq.f.t Sign Area sq.ft. advertiser Sign Height 25-60' 45 45' 25'-100' SO' 25'-55' 40 No.of Signs 2 1 1 1 1 1 1 Incorporate Approval by Approval as Approved by Approval by river rock and City Council part of a Sign ARC and PC ARC as part of a Additional Criteria City too Program Sign Program Based on this review, staff is recommending the following standards be applied to freeway- oriented signs: • Require ARC review and approval as part of a Sign Program. • Limit maximum height to 40 feet. • Limit maximum sign area to 400 square feet. • Limit to only one (1) sign per project. • Limit to PC development of at least 10 acres in size. Staff believes that one sign for planned commercial centers is reasonable, and that the standards proposed for "enhanced architectural quality' and the requirement that signs are approved by the ARC will ensure superior freeway-oriented monument sign design. Staff has reviewed existing and future PC developments along Interstate 10 and identified only five (5) properties that meet the criteria proposed in the ordinance amendment. Existing commercial properties such as Monterey Shores (Costco) and Desert Country Plaza (Eos) qualify for a single freeway-oriented monument sign. Future commercial development, including Monterey Crossings (applicant), Key Largo (west of Costco), and Millennium would also be eligible for a single freeway-oriented monument sign. The criterion above is intended to balance the needs of freeway adjacent businesses with the City's desire to not create a freeway corridor cluttered by excessive business identification signs. Environmental Review The Director of Community Development has determined that the proposal to amend the Zoning Ordinance to allow for freeway-oriented monument signs qualifies for an exemption under Class 11 — Section 15311 "Accessory Structures" and that the action to amend the Sign Ordinance to allow for on premise signs will not have a negative impact on the environment. Staff Report ZOA 17-070 Sign Ordinance Page 4 of 4 August 1, 2017 Findinqs of Approval Findings can be made in support of the project, and in accordance with the City's Municipal Code. Findings in support of this project are contained in the Planning Commission Resolution attached to this staff report. Submitted By: Eric Ceja, Principal PI n er Department Head: --_9 Ryan Stendell, Director of Community Development PLANNING COMMISSION RESOLUTION NO. 2705 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO THE CITY COUNCIL TO REVISE PALM DESERT MUNICIPAL CODE SECTION 25.56 SIGNS AND MODIFY SECTION 25.99.020 LAND USE DEFINITIONS TO ALLOW FOR FREEWAY-ORIENTED MONUMENT SIGNS ON PLANNED COMMERCIAL DEVELOPMENTS ABUTTING INTERSTATE 10 AND ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIAlVIRONMENTAL QUALITY ACT CASE NO: ZOA 17-070 WHEREAS, the Architectural Review Comm; s c of t ity of Palm Desert, California, did on the 14th day of December, 2016, v a propose' ry y' ign for a freeway- oriented monument sign and provided comments,,- ' ` d to specific desi :} fteria and review requirements for freeway-oriented monument sii nd WHEREAS, the Planning Commission of ity o r m Desert, California, did on the 1st day of August 2017, hold a duly noticed publi ` to consider the request by the Fountainhead Development for appro, af the above r i ,� and WHEREAS, the use of freeway n�er ument � support planned commercial centers by providing additional visibility trave� .Inters 10 and capitalizes on the visual benefits of freewaytro e; and WHEREAS, � tgn criter stablish 'fyin this ordinance will ensure that freeway- oriented monument � ns will req enhance rchitectural embellishments to enhance the visual appearance of tined co r Jal,cente nd WHEREAS the MWint, maxi n height, and sin limitations ensure that a'J . 9 9 9 freeway,7, to rr� In n ns are used sparingly and will minimize visual impacts to surroutdrng vistas, YYrr r 1AtREAS, the Ping C ission of the City of Palm Desert, in reviewing all the facts an testimony �en adopts the following as its Findings in recommended approval of`111'e,Zoning Ord � ce Amendment to the City Council: y SECTIOI 'll iri s. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations and design criteria related to sign size, placement, and aesthetics. PLANNING COMMISSION RESOLUTION NO. 2705 SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Municipal Code amendment to Section 25.56 Signs and 25.99.020 Land Use Definition as shown in Exhibit "B" and Exhibit "C" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that itId have passed each section, subsection, subdivision, paragraph, sentence, �e, or phrase thereof irrespective of the fact that any one (1) or more subsec subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstituti r lid, or ineffective. SECTION 4. California Environmental lit y Act F ,rv` g. The Planning Commission of the City of Palm Desert find e adoption oft ,rdinance to be categorically exempt from the requirements _ e California Environm��`'`t l Quality Act (CEQA) pursuant to Section 15311 — Class :din that C A exempts o r mise signs from environmental review. ` � b PASSED, APPROVED, AND n OPTED by t anning Commission of the City of Palm Desert, California, at its regul� .,' t held on 1st day of August 2017 by the following vote, to wit: z¢k' AYES: M 4. NOES: �K ABSENT: ABSTAIN: sz f NANCY DELUNA, CHAIRPERSON r� ATTEST ., RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 Exhibit A—Sign Ordinance Redlines Chapter 25.56—Signs Sections in this Chapter 25.56.010 Purpose and Intent................................................................................56-1 25.56.020 Applicability...........................................................................................56-1 25.56.030 Sign Permit and Design Review Requirements.....................................56-3 25.56.040 Exempt signs.........................................................................................56-4 25.56.050 Prohibited Signs....................................................................................56-5 25.56.060 General Provisions for All Signs............................................................56-5 25.56.070 Permanent Signs.................................................................................56-10 25.56.080 Standards for Specific Types of Permanent Signs..............................56-18 25.56.090 Temporary Signs.................................................................................56-29 25.56.100 Comprehensive Sign Program............................................................56-33 25.56.110 Nonconforming Signs..........................................................................56-35 25.56.120 Abandoned Signs................................................................................56-36 25.56.130 Abatement of Illegal Signs...................................................................56-36 25.56.140 Penalties .............................................................................................56-37 25.56.010 Purpose and Intent The intent of this chapter is to implement the goals and policies of the General Plan, particularly with regard to developing a City that is visually attractive and preserving and enhancing the visual aspects of the City's streets, highways, vistas and view sheds. The purpose of these regulations is to: A. Provide each sign user an opportunity for adequate identification while guarding against excessive advertising and the confusing proliferation of signs by regulating the time, place, manner, and design quality under which signs may be displayed. B. Ensure signs are in harmony with the building, the neighborhood (both existing commercial and residential or existing or proposed residential communities), and other signs in the area by eliminating sign clutter and promoting compatibility, proportion, simplicity, design quality, and sign effectiveness. C. Protect the safety of motorists and pedestrians by minimizing the distraction of excessive and intrusive signs as well as to protect the life, health, property, and general welfare of residents and visitors. 25.56.020 Applicability A. Signs allowed. The sign standards provided in this chapter are intended to apply to all types of signs in all zoning districts in the City. Only signs authorized by this chapter shall be allowed. Signs erected illegally shall be abated in compliance with Section 25.56.130(Abatement of Illegal Signs). 56-1/a Chapter 25.56 Signs B. New zoning district. If a new zoning district is created after the enactment of this chapter, no signs shall be allowed until this chapter is amended to govern the new zoning district. C. Sign review criteria. The sign review criteria specified in this section shall be used by the applicable review authority during the design review process to ensure that signs are well designed, compatible with their surroundings, and do not detract from the overall visual quality of the City. D. Nonconforming signs. An existing legally permitted sign that does not conform to the requirements of this chapter shall be deemed a lawful nonconforming sign and shall be subject to the requirements of Section 25.56.110(Nonconforming Signs). E. Official signs. Nothing contained in this chapter shall prevent the installation, construction, or maintenance of official traffic, fire, or police signs, temporary traffic- control signs used during construction and maintenance of utility facilities, and substructure location and identification signs required to protect these facilities, devices, and markings of the state Department of Transportation, Director, Council, or of other competent public authorities, or the posting of the notices required by law. 25.56.030 Sign Permit and Design Review Requirements A. Purpose and applicability. This section provides a review procedure prior to the installation of signs, to ensure that the design implements the objectives of the General Plan and is consistent with the building site design and building architecture. B. Sign permit application. It is unlawful for any person to place, alter, or to permit the placement or alteration of a sign, including painted signs, upon any property without first obtaining an approved sign permit application from the Department. Signs that are exempt from this requirement are listed in Section 25.56.040(Exempt Signs). C. Application contents. Applications for sign permits shall be made on a form provided by the Department and shall be accompanied by a fee as established by Council resolution. The application shall provide the information and material specified in the department's handout for a sign permit application. The applicant shall also provide a signed statement from the property owner or authorized representative that the owner or representative has reviewed the proposed sign(s) and approves of the proposed sign(s) and their location prior to submittal of the sign permit application to the City. D. Design review required. The following sign types and sign programs shall be submitted to the ARC for approval prior to approval of a sign permit application: 1. Freestanding signs (freeway-oriented monument signs and monument signs) require a sign design review as required by Section 25.68.050 (Sign Design Review). 2. All new awnings, including color change to existing awnings, shall require design review required by Section 25.68.050(Sign Design Review). 3. Comprehensive sign programs shall be reviewed for compliance with Section 25.68.060(Comprehensive Sign Programs). Chapter 25.56 Signs 56-2/ P a 3, e 4. Individual signs for any building with more than 100 lineal feet of building frontage facing a public or private right-of-way shall be reviewed according to Section 25.68.050(Sign Design Review). 5. Any sign that the Director determines should be reviewed by the ARC due to the unique design, context, color, size, shape, location, or circumstance of the sign are subject to the requirements of Section 25.68.050(Sign Design Review). E. Sign Review Criteria. In approving or rejecting a sign permit application, the reviewing authority shall consider the design review criteria provided herein. The design criteria shall not be construed or applied in a manner as to violate any legal rights bestowed by state or federal law.The reviewing authority shall find: 1. That the sign is necessary for the applicant's enjoyment of substantial trade and property rights; 2. That the sign is consistent with the intent and purpose of this chapter and title; 3. That the sign does not constitute a detriment to public health, safety and welfare; 4. That the size, shape, color, height, and placement of the sign is compatible with and will have a harmonious relationship to the building it identifies, the surrounding neighborhoods, and other signs in the area; 5. That both the location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) are legible under normal viewing conditions prevailing where the sign is to be located; 6. That the location, height, and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs; 7. That the location and design of the proposed sign, its size, shape, illumination, and color are compatible with the visual characteristics of the surrounding area so as not to detract from or cause depreciation of the value of adjacent developed properties; 8. That the location and design of a proposed sign in close proximity to a residential district does not adversely affect the value or character of the adjacent residential uses; 9. That any neon tubing used in conjunction with any sign is incorporated as an integral part of the sign design with careful attention to color, intensity of light, and the use of colors that are not overly bright;and 10.That the quantity of information displayed in the sign does not cause visual clutter. 56-3/i'a9e Chapter 25.56 Signs 25.56.040 Exempt signs The following signs, if not illuminated, shall be allowed in residential, commercial, and industrial zoning districts without a sign permit application subject to any specific limitations provided below: A. Nonresidential only; one identification sign not exceeding 1 square foot in area displaying only the name and address of the owner or occupant and/or hours of business operation. B. Temporary signs in compliance with Section 25.56.090(Temporary Signs). A temporary sign permit may be required in some instances. C. Signs inside a building set back 5 feet or more from a window and not readily visible from public right-of-way. D. Directional or safety signs provided that signs do not exceed 3 square feet per face. E. Official emblems or flags of nonprofit organizations. F. Religious, charitable, educational, or cultural posters not exceeding 16 square feet in area and not displayed for a period greater than 30 days. G. A"no trespassing"or"no dumping"sign not exceeding 3 square feet shall be permitted for each property in addition to other authorized signs. H. Governmental or other legally required posters, notices, or signs. I. Political signs in compliance with the provisions of Section 25.56.090.C. J. Directional and public convenience signs for public and quasi-public uses. The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the Director. K. Utility or telephone pay station signs. L. Bingo signs provided that said signs shall not exceed a maximum of 3 square feet in area; are not installed more than 48 hours before the event; and are removed immediately following the event. M. Lottery signs for a business licensed to sell California State Lottery tickets shall be entitled to one window- or door-mounted lottery decal 5.5 inches by 5.5 inches and no more than one specific identification poster not to exceed 7 square feet. N. "Open" signs, either 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 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. Chapter 25.56 Signs 56-4 Page 25.56.050 Prohibited Signs The following signs, displays, and devices, as defined in Chapter 25.99 are prohibited in the City: A. Advertising devices. B. Awnings that are back-lit(internally illuminated)so that the awning radiates light. C. Business and identification signs that mention more than two goods or services sold or available on the premises. D. Cabinet or can signs that are internally illuminated with translucent panels that allow the entire sign background to be illuminated. Signs with internal illumination are permitted only if the sign background is opaque and the only portion of the sign that appears illuminated is the lettering and/or a registered trademark or logo. E. Electronic changeable copy signs. F. Commercial mascots. G. Neon signs, except those placed in windows. H. Off-site outdoor advertising signs(billboards). I. Pole signs. J. Roof signs. K. Signs that rotate, move, flash, blink, or appear to do any of the foregoing with the exception of approved time and temperature displays. L. Signs on public property, in the public right-of-way, or on public utility poles unless otherwise authorized by this chapter. Signs shall include, but not be limited to, Realtor, open house, and garage sale signs. This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle identification signs, and permitted signs on taxicabs. M. Temporary or portable freestanding signs, except as otherwise provided in this chapter. N. Vehicle signs. 25.56.060 General Provisions for All Signs A. Compliance required. No person shall erect, re-erect, construct, enlarge, alter, change copy, repair, move, improve, remove, convert, or equip any sign or sign structure in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter. 56-510 ,:.,e Chapter 25.56 Signs B. Uncertainty of chapter provisions. The ARC shall have the authority to interpret the provisions of this chapter at the request of the Director, or when an appeal of a decision of the Director is filed with the ARC. C. Sign integration requirement. All signs shall be designed as an integral part of the overall building design and shall be located in a manner consistent with the building's design. D. Sign construction. Signs that are not temporary signs shall be constructed of permanent materials, including but not limited to metal, wood, acrylic, or other comparable durable weatherproof materials. E. Sign area computation. The area of signs shall be calculated according to Figure 25.56-1 (Sign Area Calculations). Figure 25.56-1: Sign Area Calculations LETTERING WITH NO SIGN BOARD ISIGNI SIG TFOR TENANT) ' SignWidt -- LETTERING WITH SIGN BOARD i ODD SHAPED i SIGN SIGN L Sign Width -I f� L————— Chapter 25.56 Signs 56-61 y 1. The area of a sign shall be measured within a single continuous perimeter of not more than eight straight lines enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. 2. In the case of a sign designed with more than one exterior surface (e.g., two sides), the area shall be computed as including only the maximum single display surface that is visible from any ground position at one time. 3. The supports, uprights, or structure on which any sign is supported shall not be included in determining the sign area unless the supports, uprights, or structures are designed in a manner as to form an integral background of the display. F. Sign height measurement_ freeway-oriented monument signs and monument signs. The height of a monument sign shall be measured from the highest part of the text area of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever the Director determines is appropriate given the physical characteristics of the site. Decorative features of the sign approved by the ARC may be excluded from the measurement of sign height. Figure 25.56-2: Sign Height Measurement—Monument Signs -7 Sign Height G. Sign height—wall signs.The uppermost part of a wall-mounted sign shall not be higher than the eave line of the building on which it is located as measured from the underside of the eave and in no event higher than 20 feet. 56-71t'.?q , Chapter 25.56 Signs Figure 25.56-3: Sign Height Measurement—Wall Signs The upper most part of a wall-mounted sign shall not be higher than the eave line of the building on which it is located 20, — Tall Max i H. Electrical raceways and conduits. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical, or doing so would damage significant architectural features or materials, the ARC may grant a waiver of this requirement provided all raceways, conduits, and similar devices are designed in a way that they appear to be part of the overall sign or building design. I. Frontage on two or more streets. A business on a lot that has frontage on more than one street shall be allowed the authorized sign area on each street; provided, that the permitted sign areas may not be accumulated on one street and shall not exceed the allowed sign area of any one street. J. Sign removal or replacement. When a sign is removed all brackets, poles, and other structural elements that supported the sign shall also be completely removed. All holes and affected building surfaces shall be restored to match the adjacent portion of the building. K. Sign colors. The standards for signs in this chapter are premised aesthetically on the use of limited colors per sign so as to minimize excessive contrast and thereby establish more readable, less confusing signs. Signs for commercial complexes, shopping centers, other commercial and industrial development, including individual businesses, shall be limited by the following: 1. Signs shall be limited to a maximum of three colors per sign. If a federally regulated trademark sign has more than three, then the maximum size allowed for that sign shall be reduced by 20 percent for each additional color. 2. For purposes of calculating reductions in size where more than three colors are involved, the maximum sign size resulting from the first 20 percent reduction shall form the basis for the second 20 percent reduction, and so on for each subsequent 20 percent reduction. For example, if the maximum size allowed for Chapter 25.56 Signs 56-8/ ?a .� a given three-color sign is 10 square feet, then the maximum size allowed for a five-color sign would be 6.4 square feet: 80%x(10 x 80%). 3. The ARC may waive the above-noted required size reduction or part thereof if it specifically finds that the proposed sign is desirable due to its quality, uniqueness, design, or other features determined by the ARC. L. Illuminated signs and lights. The following standards shall apply to all illuminated signs: 1. All illuminated signs shall be designed with a dimmer system to avoid undue glare or reflection of light on private property in the surrounding area. 2. External light sources shall be shielded from view and directed to illuminate only the sign face(see Figure 25.56-4 below). Figure 25.56-4 Sign Illumination Do This Don't Do This 3. Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and/or a registered trademark or logo. 4. Reflective-type bulbs and incandescent lamps shall not be used on the exterior surface of signs so that the bulb or lamp is exposed to view from any direction. 5. Each new illuminated sign shall be subject to a 30-day review period during which time the Director may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Director may order the dimming of any illumination found to be excessively bright. M. Signs to face public or private right-of-way. All signs permitted under this chapter shall be placed on the side of property facing a public or private right-of-way. N. Maintenance of signs. 56-9/ '. Chapter 25.55 Signs 1. For the public health, safety, and welfare all signs shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts, wiring, ballast, painting, repainting, cleaning, and other acts required for the maintenance of the sign. If the sign is not made to comply with safety standards, the Director shall require its immediate repair or removal in compliance with this chapter. 2. Signs illuminated either internally or externally shall be capable of being fully illuminated and legible with the face(s) intact (without holes or other exterior damage). Any illuminated sign not in compliance with these and other maintenance standards in this section shall be cited by the Director and shall be brought into compliance with applicable standards or proof of a contract for repair and maintenance shall be approved within 30 days or shall be subject to abatement as a public nuisance. Illuminated signs that, because of expired or damaged lighting elements, become non-legible shall be ordered to remain unlighted until repaired. 3. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. 4. In the case of abandoned signs, the identification, name, and copy pertaining to the abandoned business shall be removed and replaced with a blank panel or white space within 30 days of vacating the business. 5. When it is determined by the City that a sign may cause imminent danger to the public safety and contact cannot be made with a sign owner or building owner, no written notice shall be required. In this situation, the City may correct the danger. The City shall Cause to have removed any sign that endangers the public safety, including abandoned, materially dangerous, electrically, or structurally defective signs. 6. Notices of violation shall be sent by the Director by certified mail. Time periods provided in this section shall be deemed to commence on the date of the mailing. Any person having an interest in the sign or the property may appeal the citation ordering the removal of compliance by filing a written notice of appeal with the Director within 30 days after the date of mailing the notice, or 30 days after receipt if the notice was not mailed. 7. Signs removed by the City shall become the property of the City and may be disposed of in any matter deemed appropriate by the City. The cost of the removal of any sign by the City shall be considered a debt owed to the City by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the City or by assessment against the property. The cost of removal shall include any incidental expenses incurred by the City in connection with the sign's removal. 25.56.070 Permanent Signs A. Purpose. The number and area of signs as provided in this chapter are intended to be maximum standards. However, the standards do not necessarily ensure architectural Chapter 25,56 Signs 56-10/ compatibility. Therefore, in addition to the enumerated standards, the approving authority shall also give consideration to a sign's relationship to the overall appearance of the subject property, as well as the surrounding community with the goal being to minimize visual pollution, excessive illumination, and excessive contrasting colors. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval. B. Relationship to other provisions. The tables contained within this section provide regulations for permanent signs in residential and nonresidential zoning districts. References in the last column provide additional regulations for specific sign types located elsewhere in this chapter. In the case of an inconsistency between regulations provided in the tables and regulations provided for specific sign types,the regulations for specific sign types shall take precedence. C. Signs allowed in residential zoning district. Table 25.56-1 (Signs Allowed in Residential Zoning Districts)provides dimension and other development standards. 56-11/ _ Chapter 25.56 Signs Table 25.56-1:Signs Allowed in Residential Zoning Districts Allowed Max. Max.Sign Max.Sign Lighting Sign Class Sign Number Area Height Location Allowed Additional Types 1.Name plate Below eave One per Name of Single-family Wall single-family 2 sq.ft. of roof or Near main Internal occupancy and uses use parapet or entrance only address only ft.if on pole 2.Identification One sign per 10 sq.ft.plus sign complex one Multifamily or Altemative,2 Below eave Wall or additional sq. At or near condominium signs per of roof or Name of monument ft.for each 10 main External complex sign main units. parapet nor complex only entrance wall sign entrance with max.15 Max.50 sq. sq.ft.each ft.total 3.Identification At primary sign Wall or Two signs per g p entrances to External Name of Residential monument primary 40 sq.ft.total 6 ft.sign entrance residential only complex only community community One sq.ft.of sign area for 4.Identification each 10 At primary Wall or One sign gn per lineal ft.of entrances to External Name of monument street 6 ft. Mobile home sign 9n frontage street mobile home only complex only g frontage. park Max.40 sq. ft.total Below eave 5.Identification of roof or Allowed for Wall or parapet for churches,day sign At primary External monument One sign 20 sq.ft. wall sign. care centers, Nonresidential sign 6 ft.for entrance only private clubs, uses monument and similar uses sign Below eave Only for of roof or commercial 6.Identification Wall or parapet for uses allowed sign At primary External Commercial monument One sign 20 sq.ft. wall sign. entrance only with a uses(offices) sign 6 ft.for conditional use monument permit(offices) sign in the R-3 zone Only for hotels 7.Identification and motels Standards shall be the same as for uses in commercial and industrial zones.However,the sign Hotels and number of signs,sign area,height,and illumination may be reduced if the use is located in allowed with a conditional use motels or adjacent to a residential zone permit in the R-3 zone 8.Temporary See Section 25.56.090(Temporary Signs) signs D. Signs allowed in commercial and industrial zoning district. Table 25.56-2 (Signs Allowed in Commercial and Industrial Zoning Districts) provides dimension and other development standards. Chapter 25.56 Signs 56-121 r= Table 25.56-2:Signs Allowed in Commercial and Industrial Zoning Districts _[� Allowed Max. Max.Sign Max.Sign Sign Lighting Additional Sign Class Sign Types Number of Signs Area Height Location Allowed Requirements Building-Mounted Signage Sign shall la.Business Flush- be located identification mounted or Below eave sin One per line of adjacent to 9 projecting the right-of- Section U to 50 ft.of Building- building building and Yes p g frontage not higher way from 25.56.080.A building mounted wall which its frontage sign than 20 ft. area is determined 1 sq.ft.of sign area per Within 100 n. lineal foot of of public building ROW frontage Max.sign area 50 sq. ft. 1.5 sq.ft.of sign area per More than lineal foot of 100 ft.from building public ROW frontage Max.sign area 75 sq. n. 50 sq.ft.of sign area for Sign shall 1 b.Business Flush- first 50 ft.of be located identification mounted or frontage;and Below eave adjacent to sin One per line of 9 projecting building 0.5 sq. aft.for building and the from Yes Section 50-100 ft,of building- sign area for way from 25.56.O8O.A building mounted wall frontage each lineal ft. not higher which its frontage sign of building than 20 ft. area is frontage up determined to 100 ft. Within 100 ft. Max sign of public area 75 sq. ROW n. 75 sq.ft.of sign area for first 50 ft.of frontage;and 0.5 sq.ft.of More than sign area for 100 ft.from each lineal ft. public ROW of building frontage up to 100 n. Max.sign area 100 sq.ft. 56-13 a Chapter 25. 56 Signs Allowed Max. Max.Sign Max.Sign Sign Lighting Additional Sign Class Sign Types Number of Signs Area Height Location Allowed Requirements 75 sq.ft.of sign area for Sign shall 1c.Business Flush- first 100 ft.of be located identification frontage;and Below eave mounted or One per 0.25 s adjacent to ft.of line of sign projecting p the right-of- Section More than building- building sign area a for building and way from Yes 25.56.080.A 100 ft.of mounted wall frontage each lineal ft. not higher which its frontage sign of building than 20 ft . area is frontage in excess of determined 100 ft. 100 sq.ft.of sign area for first 100 ft.of frontage;and Within 100 ft. 0.25 sq.ft.of ARC of public sign area for approval ROW each lineal ft. required of building frontage in excess of 100 ft. More than Max sign ARC 100 ft.from area as approval public ROW approved by ARC required The total aggregate sign area of the secondary Building- sign(s) Sign design shall 2.Business Two per together with be consistent with mounted wall business the primary Below eave prima business identification sin p ry primary sign g subject to the sign shall not line of sign and shall be Secondary maximum sign exceed the building and Yes ancillary to the area allowed maximum not higher main business business Flush- mounted or for the sign area than 20 ft. sign signs business allowed for projecting Section the business 25.56.080.0 as determined by items 1 a, 1 b,and 1 c above Single tenant building;one- Signs shall be half the sign reverse"halo"lit area allowed 3.Business Below eave or non-illuminated for the front On the identification Building- One sign line ofindividual letters sin of the freeway side 9 mounted wall facing the building building and of the Yes Illuminated signs Freeway- sign freeway not higher turned off at oriented signs Multitenant than 20 ft. building 11:00 P.M. building:16- inch high Section letters 25.56.080.H maximum Chapter 25.56 Signs 56-14/ Paq,e Allowed Max. Max.Sign Max.Sign Sign Lig�htg Additional Sign Class Sign Types Number of Area Height Location Alld Requirements Signs Shall be 4.Business 50%of sign located on identification Building- area allowed Below eave the side of sin mounted, One sign per the building g for business line of Yes flush business where the Second story mounted only in single- building ma orit of business sign story building 1 y the business is located Freestanding freeway-oriented monument signs and monument signs Maximum of one-half the total sign area allowed To identify a for the front 6 ft.unless building, of the topographic commercial or 5a.Business building.The or other industrial identification sign area of features complex,or sign Freestanding One sign per The necessitate shoin pp' g center monument monument a higher Yes with fronts Multitenant street frontage frontage on a sign sign shall be sign.In no sites less than in addition to event shall public or private 5 acres street the allowed total sign sign area for height the building exceed 10 ft. Section or business. 25.56.080.E Maximum sign area 50 sq.ft. 10 sq.ft.per acre of 6 ft.unless subject site. topographic 5b.Business The sign or other identification area of the features sign Freestanding necessitate Multitenant monument a higher Yes O monument ne sign per sign shall be Section sites with sign street frontage in addition to sign. 25.56.080.B the allowed more than 5 sign area for In no event acres the building shall total Maximum sign height sign area 100 exceed 10 ft. sq.ft. 56-151--1age Chapter 25.56 Signs Allowed Max. Max.Sign Max.Sign Sign Lighting Additional Sign Class Sign Types Number of Area Height Location Allowed Requirements Signs Located Section along 25.56.08081 freeway 5c.Freeway- One per 1,000 frontage Freestanding with a Planned oriented lineal feet of monument 450 sg.ft. 40 ft. minimum Yes. CommercialL monument freeway — S nns s qn frontage setback of development in 10 ft.and a the freeway maximum commercial setback of overlay zone 50 ft. only. Miscellaneous signs 6.Business One sign per Letter height Placed on identification Permanent awning shall not exceed one- the awning Section sign awning sign Allowed in third of the or awning No addition to valance,but 25.56.080.E Awning sign awning other signs height not on both 25%of total One sign per window area 7.Business individual facing a Not allowed identification Permanent window public street above On inside of Section sign window sin or public window Yes 9 Allowed in parking area ground floor surface 25.56.080.D Window sign addition to including windows other signs temporary window signs Near main 8.Business A-frame, One per entrance on identification pedestal,or establishment 3 sq.ft. private sign another well- Allowed in May be two- 54 inches property, No Section Pedestrian- designed addition to sided and oriented 25.56.080.G oriented sign sign stand other signs to pedestrians Building- O 25 sq,ft.for 9.Attraction One per flush- Below eave mounted establishment line of boards mounted Section Flush- Allowed in building and Yes Theaters and mounted or addition to 15 sq.ft.per not higher 25.56.080.J nightclubs projecting other signs side for than 20 ft. projecting Chapter 25.56 Signs 56-161 °ism Allowed Max' Max.Sign Max.Sign Sign Lighting Additional Sign Class Sign Types Number of Signs Area Height Location Allowed Requirements Building- mounted or Shall not window encroach 10.Menu Within into the board May be on One per window area public right- Section Restaurant pedestal if establishment 3 sq.ft. or 6 ft.it on of-way or Yes 25.56.080.K menu board restaurant is pedestal obstruct set back pedestrian more than 5 movement ft.from ROW 1.5 sq.ft.of 11. One per sign area per Near main Multhenant courtyard or tenant,plus entrance to courtyard or Wall or plaza an additional courtyard or Section plaza round sin 2 sq.ft.to 7 ft. No 9 9 Allowed in plaza and 25.56.080.1 Business addition to provide directions to oriented to the courtyard directory sign other signs pedestrians or plaza 12.Gasoline service stations.See Section 25.56.080(L)(Gasoline Service Stations) 13.Temporary signs.See Section 25.56.090(Temporary Signs) 56-17/P 3tir Chapter 25.56 Signs 25.56.080 Standards for Specific Types of Permanent Signs A. Building-mounted wall signs. Figure 25.56-5:Wall Sign Examples �s wMM► I } 1. Signs shall be located only on a building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located. Chapter 25.56 Signs 56-181 Figure 25.56-6: Appropriate Wall Sign Location Do Th is Don't Do This 2. Electrical raceways for signs shall be designed as an integral part of the sign or building design and shall not be visible. Figure 25.56-7: Electrical Raceways 56-191 Chapter 25.56 Signs 3. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. 4. Signs shall be located within the middle 50 percent of the building or occupancy's frontage(e.g., in-line tenant)measured from lease line to lease line. Figure 25.56-8:Appropriate Wall Sign Location(In-line Tenant) Middle 50%of Building Middle 50%of Building or Occupany Frontage or Occupany Frontage t— -- -- --- -- - -. i (I 3 I Building w Occupany Frontage 1 1 Building or Occupany Frontage 5. Signs located on adjacent walls on the same building shall be separated at the corners of the building with adequate spacing. Figure 25.56-9: Required Separation for Wall Signs Ade uate S acing i Chapter 25.56 Signs 56-20f Page B. Freestanding monument signs. Figure 25.56-10: Freestanding Sign Examples a , 1 � � H fresh& y+wys A a �IIIIWM I Formatted:Justified 1_. Freeway-Oriented Monument Signs 56-21 Page Chapter 25.56 Signs i. All freeway-oriented monument signs shall be identified as part of af- Formatted:Numbered+Level:3+ Sign Program for a commercials developed center and are subject Numbering Style:i,ii,iii,...+Start at:1+ to the review requirements established in Section 25,56.100 and the Alignment:Left+Aligned at: 1.38"+Indent at: 1.88" requirements below. 1. Sign Programs shall include: - -- Formatted:Numbered+Level:4+ Numbering Style:1,2,3,...+Start at:1+ a. Line of sight studies. Alignment:Left+Aligned at: 1.75"+Indent at: 2" b. Photo simulations and sign renderings for both night/day. Lat: matted:Numbered+Level:5+ bering Style:a,b,c,...+Start at:1+ ment:Left+Aligned at: 2.25"+Indent ii. Only permitted for commercially zoned properties within they . .5" Freeway Commercial Overlay Zone and greater than 10 acres in Formatted:Numbered+Level:3+ size with at least 750 feet of lineal frontage abutting Interstate 10. Numbering style:i,ii,iii,...+start at:I+ Alignment:Left+Aligned at: 1.38"+Indent iii. One freeway-oriented monument sign is permitted for every 1,0500 at: 1.88" feet of lineal frontage abutting Interstate 10. A maximum of two freeway-oriented signs are permitted per proiect. iv. Signs shall not exceed a maximum hiehgt of forty(40)feet. V. All signs shall be of an artist and enhanced design that is architecturally compatible with the architecture of the commercial center. 2. Monument Signs 4-3. i. A single-tenant building, multitenant building with unshared access, commercial or industrial complex, or shopping center shall be entitled to one freestanding monument sign per frontage on a public or private street. 274. ii. When a shopping center or industrial park has street frontage on any one street in excess of 1,600 lineal feet, one additional sign shall be permitted. Freestanding signs on the same street shall be separated by a minimum distance of 400 lineal feet. 3:5. iii.All freestanding monument signs shall be placed within a permanently landscaped area not less than 24 square feet, be architecturally compatible with the building or complex, and not encroach in the public right-of-way. 4.6. iv. When approving any freestanding sign the ARC shall affirmatively make the finding that the approval shall visually enhance the aesthetic quality of the property on which the sign is to be located. 5 7. v. Freestanding monument signs shall not contain phone numbers. C. Secondary business signs. Chapter 25.56 Signs 56-22/ Po Figure 25.56-11: Secondary Business Signs g. Main Building Sign Secondary ' " Secondary Signage r>$tol ii�tS : ignage a 1. Secondary business signs shall be clearly ancillary to the main business sign and in no event shall the aggregate sign area exceed the maximum permitted under this chapter. 2. The design of secondary business signs shall be architecturally consistent with the main business identification sign. 3. The total aggregate sign area of the primary sign together with the secondary sign shall not exceed the maximum sign area allowed for the business. 4. Where a proposed secondary business sign is a registered federally regulated trademark sign, the size of the trademark sign may be subject to size reduction requirements in compliance with Section 25.56.060 (General Provisions for All Signs). 5. No more than two secondary signs allowed except as otherwise provided in this chapter. 6. Secondary signs shall not contain phone numbers. 7. Slogans, mottos, or sayings may be used instead of secondary business signage. D. Window signs—permanent. 56-23/s - Chapter 25.56 Signs Figure 25.56-12: Window Signs(Permanent) r FINE MENSWEAR SINCE 1923 1. The aggregate area of all window signs shall not exceed 25 percent of the total window area of a storefront. 2. Signs shall be permanently painted, etched, or mounted on the inside of windows. 3. Illuminated (LED, neon, etc.) window signs shall be allowed as permanent window signs, and shall not exceed 15 square feet in size. The area covered by the illuminated sign(s) shall count towards the maximum 25 percent window coverage limitation as described above. These signs shall Chapter 25. 56 Signs 56-24/ •�. not be allowed in windows fronting on El Paseo and shall not rotate, move, flash, blink, or appear to do any of the foregoing. 4. Window signs shall be allowed in addition to the aggregate sign area allowed for wall and projecting signs. 5. Signs within 5 feet of a storefront window shall be counted as window signs. E. Signs on awnings, marquees, canopies,arcades,or similar structures. Figure 25.56-13: Awning Signs i, f�� x 1. All awnings shall be reviewed and approved by the ARC. The awning shall be architecturally compatible with the building and as a result an awning may not be appropriate for every building. 56-251 Chapter 25.56 Signs 2. Signs on awnings shall be kept in good repair, clean,and not faded. I Signs on awnings (lettering and numbers), including lettering style and colors shall blend aesthetically with the awning and building to which it is attached. 4. When required by the building official, street address numbers shall comply with the requirements of Palm Desert Municipal Code Section 15.15.010 and Table 15.15.020(A). 5. Awnings shall not contain phone numbers. F. Projecting signs. Projecting signs shall not extend below 8 feet from the sidewalk or the right-of-way. Figure 25.56-14: Projecting(Blade)Signs • • s c �t t G. Pedestrian-oriented signs. Chapter 25.56 Signs 56-261 Page 1. Businesses in the commercial and industrial districts may place a pedestrian oriented A-frame or pedestal mounted "open" sign in front of a business, subject to the following standards: a. Maximum sign area shall be 3 square feet for pedestal signs on each side, and 5 feet for A-frame signs on each side; b. Maximum sign height shall be 54 inches; c. Signs shall be placed on private property in a location that does not impede pedestrian traffic flow; d. Signs shall be designed and located so as to not distract from the appearance of the building or violate the intent of this chapter; e. Signs shall not include extraneous verbiage advertising the business, specials, or sales events; and f. Signs shall be removed when the business is not open for business. 2. For businesses on El Paseo, the above standards apply with the following additional standards: a. Signs shall be placed on private property in a location that does not impede pedestrian traffic flow; b. Allowed only during the summer months between June 1 and October 1, or before 10 a.m. when a business is actually open at that time, during construction of a storefront, and/or any time a business is the sole tenant of an otherwise-vacant multi-tenant building; c. Signs permitted under this Subsection shall be limited to the word "open,"the business name and logo, and hours of operation only; d. City approval of the sign is required. A City approval identity sticker will be issued and must be placed on the sign; and e. Signs shall be professionally designed and fabricated, and well- maintained at all times. H. Building-mounted sSigns facing the freeway. Businesses located in buildings with one side facing the freeway shall be entitled to one sign on the freeway side of the building in addition to other allowed signs for the front of the building, provided the freeway facing sign complies with the following requirements: 1. Signs for single-tenant buildings shall be limited to 50 percent of the total sign area allowed on the front of the building. 56-271P_1.; I Chapter 25.56 Signs 2. Signs for multitenant buildings and individual business signs shall be limited to a maximum of 16-inch high letters. 3. All signs facing the freeway shall use black font type Bernard Gothic T Medium, except for federal trademark signs. 4. All signs facing the freeway shall be either reverse "halo" lit or non-illuminated individual letters. 5. Illuminated signs shall be turned off and non-illuminated after 11 p.m. 6. No logos, slogans,or phone numbers as part of the signage allowed. I. Directional signs for courtyard or plaza businesses. Where commercial buildings or complexes are designed to contain tenant spaces oriented to an interior courtyard or plaza and where the principal business identification sign is located on that courtyard or plaza frontage, the commercial building or complex shall be permitted a pedestrian directional sign(s). The directional sign shall group the names of businesses and/or principal services to be found in the courtyard or plaza subject to the following standards: 1. Signs shall be located at major pedestrian entrances to the plaza or courtyard. 2. Signs shall not encroach into the public right-of-way. 3. Signs shall be properly integrated into the architectural and landscape design of the building. 4. Signs including supports shall have a maximum width of 4 feet, whether wall- mounted or freestanding. J. Attraction boards for theaters and nightclubs. In addition to the principal sign area, one attraction board to advertise nightclub or theater entertainment shall be allowed. The information on the attraction board shall be limited to coming and current entertainment only.Attraction boards shall not be used to advertise rates or prices of attractions. K. Restaurant menu boards. In addition to the principal sign area, a restaurant may have one sign on a wall or window displaying the menu and/or daily specials. When a restaurant is set back more than 5 feet from the public right-of-way or pedestrian walkway, a freestanding easel may be set up within the setback to display the menu board during hours when meals are being served. The sign shall not encroach into the public right-of-way or obstruct pedestrian movement. L. Gasoline service stations. Gasoline service stations shall be limited to those signs approved by the ARC as a part of their action on a conditional use permit and/or amendment thereto. Service station signs shall not exceed the following limitations: 1. One double-faced freestanding monument sign not to exceed 24 square feet in area or not to exceed 8 feet in height, and advertising only the name of the company. Chapter 25.56 Signs 56-281 P ig 2. One 10-square-foot maximum wall sign advertising the company name and/or operator. 3. One wall or ground sign, not exceeding 8 square feet in area and 8 feet in height for a ground sign, advertising the actual lowest price per gallon including all taxes at which gasoline are currently being offered. Any special conditions required for sale at the lowest price shall also be indicated. 25.56.090 Temporary Signs A. Applicability. The temporary signs listed below in Table 25.56-3 (Temporary Sign Standards) shall be allowed subject to the requirements of this section.Temporary signs in violation of this section shall be treated as illegal signs and shall be subject to abatement under the requirements of Section 25.56.130 (Abatement of Illegal Signs). B. Civic events. Nothing contained in this section shall prevent the Council from granting a special permit application or otherwise permitting signs, displays, or advertising pertaining to a civic, patriotic, or special event of general public interest taking place within the City when it can be found that the signs, displays, or advertising will not be materially detrimental to the public welfare, interest, or safety, nor injurious to adjacent property or improvements. C. Number, size, height, and duration. Table 25.56-3 (Temporary Sign Standards) provides standards for temporary signs. Temporary signs are allowed in addition to the number of permanent signs allowed for the property. 56-29/P Chapter 25. 66 Signs Table 25.56-3:Temporary Sign Standards Sign Type Maximum Maximum Area Maximum Duration Additional Number Height Standards Temporary window signs'2 Commercial and industrial zones Allowed for sales only and promotions Lineal feet of window area 50 feet or less One sign 10%of total N/A 30 days Placed on inside window area of window 51-100 feet One sign 15%of total window area More than 100 One sign 25%of total feet window area Special signs Special event One sign building- Below eave line of banner mounted or 30 sq.ft. building 30 days per year Section 25.56.090.D freestanding New business See Section Allowed only while 25.56.070 Table Below eave line of establishment One sign 60 days permanent signs are identification 26.56-2 1a,1b or building being obtained One sign per During active On property where Trade and street frontage 16 00 per building permit construction is construction q.ft.of taking place Shall not obstruct site site area s s area 8 ft. Removed before project signs visibility at notice of Shall list only firms intersections Max.32 sq.ft. completion connected with the development project New Residential Development New subdivision One double-face 48 sq.ft.per sign 8 ft. Until all units in the identification sign sign,or two single- face project are sold face signs per street frontage New subdivision Two signs per 15 sq.ft.each 8 ft. Until all units in the Sign placement to directional signs street frontage project are sold direct persons to the subdivision entrance Realty and lease signs Realty sign One sign per 3 sq.ft.,plus one 4 ft. During time when Section 25.56.090 Single-family street frontage rider sign;5 in.x realty is offered for residential 16 in. sale or rent Realty sign One on-site,three 3 sq,ft. 4 ft.on-site While a Section 25.56.090.E Open house signs off-site 3 ft.off-site salesperson is physically present on the premises Chapter 25.56 Signs 56-30/ aag� Sign Type Maximum Maximum Area Maximum Duration Additional Number Height Standards Realty sign One sign per 12 sq.ft. 4 ft. During time when Section 25.56.090 Other than single street frontage realty is offered for family in residential sale or rent zone Lease potential One two-sided 32 sq.ft. 6 ft. Displayed after May advertise lease sign sign per street ARC project potential for future Future frontage approval development prior to development Removed before and during notice of construction completion No riders outside of the 32 sq.ft.area Realty sign One two-sided 16 sq.ft. 6 ft. During time when No riders outside of sign per street realty is offered for the 16 sq.ft.area frontage sale or rent Personal property Three signs 3 sq.ft. 4 ft. Two days within a One on the property sale,block party, 30-day period where the event is or similar event being held,and two off-site on private property. Political signs See Section 25.56.090.E(Political Sign Regulations) Notes: 1.Businesses that are set back more than 250 feet from a public right-of-way(street)may double the temporary window sign area. Businesses that are set back more than 600 feet from a public right-of-way(street)may triple their otherwise entitled temporary window signage. 2.Does not include signs and decorations painted on or applied to windows pertaining to holidays and seasonal events when the signs contain no reference to the goods or services sold or provided by the establishment. All signs and decorations shall be removed within 10 days following the applicable holiday. D. Standards for temporary signs. Temporary signs shall be subject to the following standards and any additional standards for specific types of temporary signs: 1. Signs are allowed on private property only and shall not be placed in public rights-of-way or at off site locations. 2. Signs shall not be attached to roofs, temporary structures, trees, utility poles, light standards,and similar items in the public right-of-way. 3. Signs shall not be illuminated 4. Signs shall not move in any manner. 5. Signs shall be constructed of durable material suitable to their location and purpose. 6. Signs and their components shall be promptly removed at the time of expiration. 7. Window signs with non-commercial content or messages shall comply with all regulations of temporary signs related to number, area,size and height. E. Political sign regulations. Political signs shall comply with the following requirements: 1. Political signs shall not be located in the public right-of-way. 56.31/- . Chapter 25. 56 Signs 2. No fee or permits shall be required for the right to erect political signs. 3. Where the sign is proposed to be placed on private property, the applicant shall secure the permission of the property owner. 4. Signs shall not be placed in any manner to create a hazard to public health or safety. 5. Signs shall be removed within 30 days following the election. F. Special event signs. 1. With the approval of the Director, a business may erect one temporary sign, freestanding or mounted on a wall fascia, advertising special events, promotions, or sales. Approval of a sign permit application may allow up to 30 square feet of sign area depending upon the type of event, building design, and right-of-way frontage for a period not to exceed 30 days per year. 2. 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 30 days may only be permitted in compliance with a resolution of the Council, which shall specify the period during which the banner may be displayed. G. Open house signs. Open house signs shall be permitted for an open house, subject to the following provisions: 1. On-site Signs: i. No flags or banners shall be used. ii. Individual logos and colors are allowed for on-site open house signs. iii. Signs shall be located on private property only, unless prior written approval for unique circumstances is obtained from the Director. 2. Off-site Direction Signs: i. Sign lettering must be brown on a beige background, but may include Realtor name and phone number in 2-inch high maximum, plain font. No logos or branding are permitted on off-site directional signs. ii. One off-site directional sign per intersection. One sign permitted on each corner of an intersection, such that no more than three off-site directional signs are allowed in addition to one on-site open house sign for a total of four open house signs. iii. Signs shall be located a minimum of 5 feet from curb with property owner permission for sign location. iv. Sign placement in any City median is prohibited. Chapter 25.56 Signs 56-32J Pric, u V. Additional lighting, flags, balloons, or any other advertising device as defined in this chapter shall be prohibited. Figure 25.56-15: Open House Off-site Direction Signs OPEN 18" HOUSE 4-000 11-7 24" Figure 25.56-16: Prohibited Locations-Open House Off-site Direction Signs y 3 PROHIB O PIES ' '` �.� >� 25.56.100 Comprehensive Sign Program A. Purpose. The purpose of a comprehensive sign program is to integrate all of a nonresidential project's signs with the overall site design and the structures' design into a unified architectural statement. A comprehensive sign program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this chapter. Approval of a comprehensive sign program may modify the standards provided in this chapter as to sign number, size, height, illumination, location, orientation, or other aspects of signs within the limits of this section. B. Applicability. The approval of a comprehensive sign program by the ARC shall be required whenever any of the following circumstances exist: 1. Whenever three or more separate tenant spaces are present on the same site. 2. Whenever three or more nonexempt signs are proposed for a single tenant. 56-33 a ,qe Chapter 25.56 Signs 3. Whenever signs are proposed to be located on the second story on a multistory building. 4. Whenever an existing multitenant development of three or more tenants is being remodeled or rehabilitated to the extent that it requires review and approval by the ARC. 5. Whenever the Director determines that a comprehensive sign program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets,etc.). C. Application requirements. A sign permit application for a comprehensive sign program shall include all information and materials required by the Director. D. Standards.A comprehensive sign program shall comply with the following standards: 1. The proposed sign program shall comply with the purpose and intent of this chapter. 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign program, to the structures and/or developments they identify, and to surrounding development when applicable. 3. The sign program shall address all signs, including permanent, temporary, and exempt signs. 4. The sign program shall accommodate future revisions that may be required because of changes in use or tenants. 5. The sign program shall comply with the standards of this chapter, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes and intent of this chapter. 6. Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this chapter. 7. Review and approval of a comprehensive sign program shall not consider the signs'proposed message content. E. Findings. In order to approve a comprehensive sign program the following findings shall be made: 1. The comprehensive sign program complies with the purpose of this chapter, including the design criteria. Chapter 25.56 Signs 56-34/ 2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development. 3. The comprehensive sign program contains provisions to accommodate future revisions that may be required because of changes in use or tenants. 4. The comprehensive sign program complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the signs proposed under the comprehensive sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this chapter. F. Revisions to comprehensive sign programs.The Director may approve revisions to a comprehensive sign program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised comprehensive sign program by the ARC. 25.56.110 Nonconforming Signs A. Lawfully permitted nonconforming signs. 1. Lawfully permitted on-premises signs existing at the time of the adoption of the ordinance codified in this chapter on September 10, 2009, that do not comply with the requirements of this chapter shall be deemed lawful nonconforming signs. 2. Nonconforming signs shall not be expanded, extended, rebuilt, altered, or reconstructed in any way, except for normal maintenance or to protect public safety. 3. It shall be the express responsibility of the seller of property or a business to advise the buyer of the provisions of this section relating to the removal of nonconforming signs upon the transfer of ownership of a business. B. Lawful nonconforming signs to be removed. It shall be the responsibility of the business owner, sign owner, or property owner to ensure compliance with this section. Nonconforming signs shall be removed or made to comply with the requirements of this chapter as follows: 1. Within 30 days of the issuance of a sign permit application for a sign on a property on which a nonconforming sign(s) exists. Prior to the issuance for a property on which a nonconforming sign(s) exists, the applicant or owner shall file with the City an irrevocable bond in the amount of$10,000 to guarantee the nonconforming sign(s) shall removed or made to conform with the requirements of this chapter within a specified time. 2. Upon the transfer of ownership of the business. 3. Upon the altering of the nonconforming sign or sign structure in any way or the addition of new sign(s)or a new sign structure. 56-35 g— Chapter 25.56 Signs 4. After 90 days of the discontinuance of a business or before a new business occupies the building,whichever comes first. C. Nonconforming signs maintenance. Except for normal repair or maintenance not exceeding 50 percent of the value of the sign, nonconforming signs shall not be modified, altered, moved, or replaced except in compliance with the requirements of this chapter. D. Lawful nonconforming off-site signs (i.e., billboards). Nothing contained in this chapter shall be construed to limit the ability of an owner of a lawful nonconforming off- site sign(i.e., billboard)to periodically change advertising copy. 25.56.120 Abandoned Signs A. Removal of abandoned signs. 1. An abandoned sign or an abandoned nonconforming sign shall be removed within 30 days by the owner or lessee of the premises upon which the sign is located or by a person, organization, or other entity that directly or indirectly receives a benefit from the information contained on the sign. All wording advertising or relating to the discontinued business shall be removed from all nonconforming signs. 2. A sign frame or structure that has been abandoned shall be removed within 30 days by the owner or lessee of the premises upon which the sign frame or structure is located. B. Presumption that a sign is abandoned. A sign that identifies or advertises a business that has ceased; is located upon a structure that has been abandoned by its owner; has not identified a bona fide business, lessor, service, owner, product, or activity available upon the site,for more than 90 days shall be presumed abandoned. C. Notice that a sign is presumed abandoned. The Director shall send the person responsible for a sign presumed to be abandoned an abandoned sign notification. Failure of the person to respond within 30 days to the abandoned sign notification shall serve as prima facie evidence of intentional permanent abandonment of the sign. 25.56.130 Abatement of Illegal Signs A. Enforcement authority. The Director shall be the enforcement authority for this chapter. B. Abatement of illegal signs. The Director shall not permit, and shall abate, any sign within the City that fails to meet the requirements of this chapter or other applicable law, including temporary signs.Any illegal permanent signs shall be abated by the City. C. Notification and appeal.The Director shall notify the owner or user of a permanent sign that has been installed without a sign permit that the illegal sign shall be removed within 10 days. Upon receipt of this notice, the owner or user of a permanent sign that is determined to be illegal does have the right to file an appeal regarding the decision or notice within 10 days thereafter to the Council pursuant to the provisions of Chapter 8.20 of this title. Chapter 25. 56 Signs 56-36/ r .-u=a 25-56.140 Penalties A. Violations of any of the provisions of this chapter are infractions and/or misdemeanors punishable as provided for in Palm Desert Municipal Code, Section 8.20.020(L). B. If the installation of a sign is commenced prior to obtaining an approved sign permit application, the applicable fee for a sign permit application shall be doubled. 56-371=`; Chapter 25.56 Signs Exhibit - B Sign Ordinance clean Chapter 25.56 - Signs Sections in this Chapter 25.56.010 Purpose and Intent................................................................................56-1 25.56.020 Applicability...........................................................................................56-1 25.56.030 Sign Permit and Design Review Requirements.....................................56-2 25.56.040 Exempt signs.........................................................................................56-4 25.56.050 Prohibited Signs....................................................................................56-5 25.56.060 General Provisions for All Signs............................................................56-5 25.56.070 Permanent Signs.................................................................................56-10 25.56.080 Standards for Specific Types of Permanent Signs..............................56-18 25.56.090 Temporary Signs.................................................................................56-29 25.56.100 Comprehensive Sign Program ............................................................56-33 25.56.110 Nonconforming Signs..........................................................................56-35 25.56.120 Abandoned Signs................................................................................56-36 25.56.130 Abatement of Illegal Signs...................................................................56-36 25.56.140 Penalties ..............................................................................................56-37 25.56.010 Purpose and Intent The intent of this chapter is to implement the goals and policies of the General Plan, particularly with regard to developing a City that is visually attractive and preserving and enhancing the visual aspects of the City's streets, highways, vistas and view sheds. The purpose of these regulations is to: A. Provide each sign user an opportunity for adequate identification while guarding against excessive advertising and the confusing proliferation of signs by regulating the time, place, manner, and design quality under which signs may be displayed. B. Ensure signs are in harmony with the building, the neighborhood (both existing commercial and residential or existing or proposed residential communities), and other signs in the area by eliminating sign clutter and promoting compatibility, proportion, simplicity, design quality, and sign effectiveness. C. Protect the safety of motorists and pedestrians by minimizing the distraction of excessive and intrusive signs as well as to protect the life, health, property, and general welfare of residents and visitors. 25.56.020 Applicability A. Signs allowed. The sign standards provided in this chapter are intended to apply to all types of signs in all zoning districts in the City. Only signs authorized by this chapter shall be allowed. Signs erected illegally shall be abated in compliance with Section 25.56.130 (Abatement of Illegal Signs). 56-11 P e g e Chapter 25. 56 Signs B. New zoning district. If a new zoning district is created after the enactment of this chapter, no signs shall be allowed until this chapter is amended to govern the new zoning district. C. Sign review criteria. The sign review criteria specified in this section shall be used by the applicable review authority during the design review process to ensure that signs are well designed, compatible with their surroundings, and do not detract from the overall visual quality of the City. D. Nonconforming signs. An existing legally permitted sign that does not conform to the requirements of this chapter shall be deemed a lawful nonconforming sign and shall be subject to the requirements of Section 25.56.110 (Nonconforming Signs). E. Official signs. Nothing contained in this chapter shall prevent the installation, construction, or maintenance of official traffic, fire, or police signs, temporary traffic- control signs used during construction and maintenance of utility facilities, and substructure location and identification signs required to protect these facilities, devices, and markings of the state Department of Transportation, Director, Council, or of other competent public authorities, or the posting of the notices required by law. 25.56.030 Sign Permit and Design Review Requirements A. Purpose and applicability. This section provides a review procedure prior to the installation of signs, to ensure that the design implements the objectives of the General Plan and is consistent with the building site design and building architecture. B. Sign permit application. It is unlawful for any person to place, alter, or to permit the placement or alteration of a sign, including painted signs, upon any property without first obtaining an approved sign permit application from the Department. Signs that are exempt from this requirement are listed in Section 25.56.040 (Exempt Signs). C. Application contents. Applications for sign permits shall be made on a form provided by the Department and shall be accompanied by a fee as established by Council resolution. The application shall provide the information and material specified in the department's handout for a sign permit application. The applicant shall also provide a signed statement from the property owner or authorized representative that the owner or representative has reviewed the proposed sign(s) and approves of the proposed sign(s) and their location prior to submittal of the sign permit application to the City. D. Design review required. The following sign types and sign programs shall be submitted to the ARC for approval prior to approval of a sign permit application: 1. Freestanding signs (freeway-oriented monument signs and monument signs) require a sign design review as required by Section 25.68.050 (Sign Design Review). 2. All new awnings, including color change to existing awnings, shall require design review required by Section 25.68.050 (Sign Design Review). 3. Comprehensive sign programs shall be reviewed for compliance with Section 25.68.060 (Comprehensive Sign Programs). Chapter 25. 56 Signs 56-21 P a 4. Individual signs for any building with more than 100 lineal feet of building frontage facing a public or private right-of-way shall be reviewed according to Section 25.68.050 (Sign Design Review). 5. Any sign that the Director determines should be reviewed by the ARC due to the unique design, context, color, size, shape, location, or circumstance of the sign are subject to the requirements of Section 25.68.050 (Sign Design Review). E. Sign Review Criteria. In approving or rejecting a sign permit application, the reviewing authority shall consider the design review criteria provided herein. The design criteria shall not be construed or applied in a manner as to violate any legal rights bestowed by state or federal law. The reviewing authority shall find: 1. That the sign is necessary for the applicant's enjoyment of substantial trade and property rights; 2. That the sign is consistent with the intent and purpose of this chapter and title; 3. That the sign does not constitute a detriment to public health, safety and welfare; 4. That the size, shape, color, height, and placement of the sign is compatible with and will have a harmonious relationship to the building it identifies, the surrounding neighborhoods, and other signs in the area; 5. That both the location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) are legible under normal viewing conditions prevailing where the sign is to be located; 6. That the location, height, and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs; 7. That the location and design of the proposed sign, its size, shape, illumination, and color are compatible with the visual characteristics of the surrounding area so as not to detract from or cause depreciation of the value of adjacent developed properties; 8. That the location and design of a proposed sign in close proximity to a residential district does not adversely affect the value or character of the adjacent residential uses; 9. That any neon tubing used in conjunction with any sign is incorporated as an integral part of the sign design with careful attention to color, intensity of light, and the use of colors that are not overly bright; and 10. That the quantity of information displayed in the sign does not cause visual clutter. 56-31 P a g e Chapter 25. 56 Signs 25.56.040 Exempt signs The following signs, if not illuminated, shall be allowed in residential, commercial, and industrial zoning districts without a sign permit application subject to any specific limitations provided below: A. Nonresidential only; one identification sign not exceeding 1 square foot in area displaying only the name and address of the owner or occupant and/or hours of business operation. B. Temporary signs in compliance with Section 25.56.090 (Temporary Signs). A temporary sign permit may be required in some instances. C. Signs inside a building set back 5 feet or more from a window and not readily visible from public right-of-way. D. Directional or safety signs provided that signs do not exceed 3 square feet per face. E. Official emblems or flags of nonprofit organizations. F. Religious, charitable, educational, or cultural posters not exceeding 16 square feet in area and not displayed for a period greater than 30 days. G. A "no trespassing" or "no dumping" sign not exceeding 3 square feet shall be permitted for each property in addition to other authorized signs. H. Governmental or other legally required posters, notices, or signs. I. Political signs in compliance with the provisions of Section 25.56.090.C. J. Directional and public convenience signs for public and quasi-public uses. The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the Director. K. Utility or telephone pay station signs. L. Bingo signs provided that said signs shall not exceed a maximum of 3 square feet in area; are not installed more than 48 hours before the event; and are removed immediately following the event. M. Lottery signs for a business licensed to sell California State Lottery tickets shall be entitled to one window- or door-mounted lottery decal 5.5 inches by 5.5 inches and no more than one specific identification poster not to exceed 7 square feet. N. "Open" signs, either 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 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. Chapter 25, 56 Signs 56-41 Purge 25.56.050 Prohibited Signs The following signs, displays, and devices, as defined in Chapter 25.99 are prohibited in the City: A. Advertising devices. B. Awnings that are back-lit (internally illuminated) so that the awning radiates light. C. Business and identification signs that mention more than two goods or services sold or available on the premises. D. Cabinet or can signs that are internally illuminated with translucent panels that allow the entire sign background to be illuminated. Signs with internal illumination are permitted only if the sign background is opaque and the only portion of the sign that appears illuminated is the lettering and/or a registered trademark or logo. E. Electronic changeable copy signs. F. Commercial mascots. G. Neon signs, except those placed in windows. H. Off-site outdoor advertising signs (billboards). I. Pole signs. J. Roof signs. K. Signs that rotate, move, flash, blink, or appear to do any of the foregoing with the exception of approved time and temperature displays. L. Signs on public property, in the public right-of-way, or on public utility poles unless otherwise authorized by this chapter. Signs shall include, but not be limited to, Realtor, open house, and garage sale signs. This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle identification signs, and permitted signs on taxicabs. M. Temporary or portable freestanding signs, except as otherwise provided in this chapter. N. Vehicle signs. 25.56.060 General Provisions for All Signs A. Compliance required. No person shall erect, re-erect, construct, enlarge, alter, change copy, repair, move, improve, remove, convert, or equip any sign or sign structure in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter. 56-51Pa g e Chapter 25. 56 Signs B. Uncertainty of chapter provisions. The ARC shall have the authority to interpret the provisions of this chapter at the request of the Director, or when an appeal of a decision of the Director is filed with the ARC. C. Sign integration requirement. All signs shall be designed as an integral part of the overall building design and shall be located in a manner consistent with the building's design. D. Sign construction. Signs that are not temporary signs shall be constructed of permanent materials, including but not limited to metal, wood, acrylic, or other comparable durable weatherproof materials. E. Sign area computation. The area of signs shall be calculated according to Figure 25.56-1 (Sign Area Calculations). Figure 25.56-1: Sign Area Calculations LETTERING WITH NO SIGN BOARD SIGN LD. 'SIGN - - - ( �— — IFOR TENANT, �_ _ _ _ _ _ _ _ _ � _ - - - - - - - - - - - - - - Sign Width LETTERING WITH SIGN BOARD --- - - - - - - - - - �4 ODD SHAPEDSIGN SIGN Sign Width — — — — — Ora for 2 5, 56 igns 56-61 P age 1. The area of a sign shall be measured within a single continuous perimeter of not more than eight straight lines enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. 2. In the case of a sign designed with more than one exterior surface (e.g., two sides), the area shall be computed as including only the maximum single display surface that is visible from any ground position at one time. 3. The supports, uprights, or structure on which any sign is supported shall not be included in determining the sign area unless the supports, uprights, or structures are designed in a manner as to form an integral background of the display. F. Sign height measurement — freeway-oriented monument signs and monument signs. The height of a monument sign shall be measured from the highest part of the text area of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever the Director determines is appropriate given the physical characteristics of the site. Decorative features of the sign approved by the ARC may be excluded from the measurement of sign height. Figure 25.56-2: Sign Height Measurement—Monument Signs y= Sign Height r j, G. Sign height—wall signs. The uppermost part of a wall-mounted sign shall not be higher than the eave line of the building on which it is located as measured from the underside of the eave and in no event higher than 20 feet. 56-71 P a 9 P Chapter 2 56 Signs Figure 25.56-3: Sign Height Measurement—Wall Signs The upper most part of a wall-mounted sign shall not be higher than the eave line of the building on which it is located �---" E Tall j i� Max H. Electrical raceways and conduits. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical, or doing so would damage significant architectural features or materials, the ARC may grant a waiver of this requirement provided all raceways, conduits, and similar devices are designed in a way that they appear to be part of the overall sign or building design. I. Frontage on two or more streets. A business on a lot that has frontage on more than one street shall be allowed the authorized sign area on each street; provided, that the permitted sign areas may not be accumulated on one street and shall not exceed the allowed sign area of any one street. J. Sign removal or replacement. When a sign is removed all brackets, poles, and other structural elements that supported the sign shall also be completely removed. All holes and affected building surfaces shall be restored to match the adjacent portion of the building. K. Sign colors. The standards for signs in this chapter are premised aesthetically on the use of limited colors per sign so as to minimize excessive contrast and thereby establish more readable, less confusing signs. Signs for commercial complexes, shopping centers, other commercial and industrial development, including individual businesses, shall be limited by the following: 1. Signs shall be limited to a maximum of three colors per sign. If a federally regulated trademark sign has more than three, then the maximum size allowed for that sign shall be reduced by 20 percent for each additional color. 2. For purposes of calculating reductions in size where more than three colors are involved, the maximum sign size resulting from the first 20 percent reduction shall form the basis for the second 20 percent reduction, and so on for each subsequent 20 percent reduction. For example, if the maximum size allowed for Chapter 2 , 56 Signs 56-81 P a a given three-color sign is 10 square feet, then the maximum size allowed for a five-color sign would be 6.4 square feet: 80% x (10 x 80%). 3. The ARC may waive the above-noted required size reduction or part thereof if it specifically finds that the proposed sign is desirable due to its quality, uniqueness, design, or other features determined by the ARC. L. Illuminated signs and lights. The following standards shall apply to all illuminated signs: 1. All illuminated signs shall be designed with a dimmer system to avoid undue glare or reflection of light on private property in the surrounding area. 2. External light sources shall be shielded from view and directed to illuminate only the sign face (see Figure 25.56-4 below). Figure 25.56-4 Sign Illumination a H Do Th is Don't Do This 3. Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and/or a registered trademark or logo. 4. Reflective-type bulbs and incandescent lamps shall not be used on the exterior surface of signs so that the bulb or lamp is exposed to view from any direction. 5. Each new illuminated sign shall be subject to a 30-day review period during which time the Director may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Director may order the dimming of any illumination found to be excessively bright. M. Signs to face public or private right-of-way. All signs permitted under this chapter shall be placed on the side of property facing a public or private right-of-way. N. Maintenance of signs. 56-9Ige Charter 25 . 56 Signs 1. For the public health, safety, and welfare all signs shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts, wiring, ballast, painting, repainting, cleaning, and other acts required for the maintenance of the sign. If the sign is not made to comply with safety standards, the Director shall require its immediate repair or removal in compliance with this chapter. 2. Signs illuminated either intemally or externally shall be capable of being fully illuminated and legible with the face(s) intact (without holes or other exterior damage). Any illuminated sign not in compliance with these and other maintenance standards in this section shall be cited by the Director and shall be brought into compliance with applicable standards or proof of a contract for repair and maintenance shall be approved within 30 days or shall be subject to abatement as a public nuisance. Illuminated signs that, because of expired or damaged lighting elements, become non-legible shall be ordered to remain unlighted until repaired. 3. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. 4. In the case of abandoned signs, the identification, name, and copy pertaining to the abandoned business shall be removed and replaced with a blank panel or white space within 30 days of vacating the business. 5. When it is determined by the City that a sign may cause imminent danger to the public safety and contact cannot be made with a sign owner or building owner, no written notice shall be required. In this situation, the City may correct the danger. The City shall Cause to have removed any sign that endangers the public safety, including abandoned, materially dangerous, electrically, or structurally defective signs. 6. Notices of violation shall be sent by the Director by certified mail. Time periods provided in this section shall be deemed to commence on the date of the mailing. Any person having an interest in the sign or the property may appeal the citation ordering the removal of compliance by filing a written notice of appeal with the Director within 30 days after the date of mailing the notice, or 30 days after receipt if the notice was not mailed. 7. Signs removed by the City shall become the property of the City and may be disposed of in any matter deemed appropriate by the City. The cost of the removal of any sign by the City shall be considered a debt owed to the City by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the City or by assessment against the property. The cost of removal shall include any incidental expenses incurred by the City in connection with the sign's removal. 25.56.070 Permanent Signs A. Purpose. The number and area of signs as provided in this chapter are intended to be maximum standards. However, the standards do not necessarily ensure architectural Chapter 2 z, 6 Signs 56-101 Page compatibility. Therefore, in addition to the enumerated standards, the approving authority shall also give consideration to a sign's relationship to the overall appearance of the subject property, as well as the surrounding community with the goal being to minimize visual pollution, excessive illumination, and excessive contrasting colors. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval. B. Relationship to other provisions. The tables contained within this section provide regulations for permanent signs in residential and nonresidential zoning districts. References in the last column provide additional regulations for specific sign types located elsewhere in this chapter. In the case of an inconsistency between regulations provided in the tables and regulations provided for specific sign types, the regulations for specific sign types shall take precedence. C. Signs allowed in residential zoning district. Table 25.56-1 (Signs Allowed in Residential Zoning Districts) provides dimension and other development standards. Table 25.56-1: Signs Allowed in Residential Zoning Districts Altowiiiid gn ter. Paz: n L eer►. t3 [>i�+� Ad ditiona A»a i�pta Allowed. , Types;, 1. Name plate Below eave One per Name of Single-family Wall single-family 2 sq.ft. of roof or Near main Internal occupancy and uses use parapet or 4 entrance only address only ft.if on pole 2.Identification One sign per 10 sq.ft.plus sign complex one Multifamily or l Alternative:2 Below eave Wall or additional sq. At or near condominium signs per u of roof or Name of complex monument main for each 10 or main External sign units. parapet f complex only entrance wall sign with max. 15 Max.50 sq. sq.ft. each ft.total 3.Identification At primary ns Wall or Two signs g per entrances to External Name of Residential monument primary 40 sq.ft.total 6 ft. residential only complex only sign entrance community community One sq.ft.of sign area for 4.Identification each 10 At primary Wall or One sin sign 9 per lineal ft.of entrances to External Name of monument street 6 ft. Mobile home sin fronts a street mobile home only complex only park g g frontage. park Max.40 sq. ft.total Below eave 5.Identification of roof or Allowed for Wall or parapet for churches, day sign At primary External monument One sign 20 sq.ft. wall sign. care centers, Nonresidential sign 6 ft.for entrance only private clubs, uses monument and similar uses sign Below eave Only for 6. of roof or commercial sign Identification Wall or parapet for sgn At primary External uses allowed Commercial monument One sign 20 sq.ft. wall sign. entrance only with a uses(offices) sign 6 ft.for conditional use monument permit(offices) sign in the R-3 zone Only for hotels 7.Identification and motels Standards shall be the same as for uses in commercial and industrial zones. However,the sign allowed with a number of signs,sign area, height,and illumination may be reduced if the use is located in conditional use Hotels and or adjacent to a residential zone motels permit in the R-3 zone 8.Temporary See Section 25.56.090(Temporary Signs) signs D. Signs allowed in commercial and industrial zoning district. Table 25.56-2 (Signs Allowed in Commercial and Industrial Zoning Districts) provides dimension and other development standards. Chapter 25 . 56 Sr"c rra 56-121 Page Table 25.56-2: Signs Allowed in Commercial and Industrial Zoning Districts Max,-,fiuinb4i.of * - Signer Ad�ia l Tye . i1gh# Loon Mtgrrd. R ns Building-Mounted Signage Sign shall la. Business Flush- be located identification mounted or Below eave sign projecting One per line of adjacent to building building and the right-of- Yes Section Up to 50 ft.of Building- higher way from 25.56.080.A frontage not hier building mounted wall which its frontage sign than 20 ft. area is determined 1 sq.ft.of sign area per lineal foot of Within 100 ft. building ROW public frontage R Max.sign area 50 sq. ft. 1.5 sq.ft.of sign area per More than lineal foot of 100 ft.from building public ROW frontage Max.sign area 75 sq. ft. 50 sq.ft.of sign area for Sign shall 1b.Business Flush- first 50 ft.of be located identification Below eave mounted or frontage;and adjacent to sign projecting One per 0.5 sq.ft.of line of the right-of- Section 50-100 ft. of building- building sign area for building and way from Yes 25.56.080.A building mounted wall frontage each lineal ft. not higher which its frontage sign of building than 20 ft. area is frontage up determined to 100 ft. Within 100 ft. Max sign of public area 75 sq. ROW ft. 75 sq.ft.of sign area for first 50 ft.of frontage;and 0.5 sq.ft.of More than sign area for 100 ft.from each lineal ft. public ROW of building frontage up to 100 ft. Max.sign area 100 sq.ft. 56-131P a g e Chaptet- 25 . 56 Signs 111 Wit. . Sim a AM*- {Itin _ �hlilr i afi a7� � AD #11M@C>EII �Il1 75 sq.ft.of sign area for Sign shall 1c. Business Flush- first 100 ft.of be located identification mounted or frontage;and Below eave adjacent to One per 0.25 s ft.of line of sign projecting building sign area for building and the right-of- Yes Section More than building- frontage each lineal not higher way from 25.56.080.A 100 ft.of mounted wall which its frontage sign of building than 20 ft. g gn frontage in area is excess of determined 100 ft. 100 sq.ft.of sign area for first 100 ft.of frontage;and Within 100 ft. 0.25 sq.ft.of ARC of public sign area for approval ROW each lineal ft. required of building frontage in excess of 100 ft. More than Max sign ARC 100 ft.from area as approval public ROW ARC approved by required The total aggregate sign area of the secondary Building- sign(s) Sign design shall 2.Business Two per together with be consistent with mounted wall n y business the primary Below eave primarybusiness identification sign sign subject to the sign shall not line of sign and shall be maximum sign exceed the building and Yes ancillary to the Secondary Flush- area allowed maximum not higher main business business mounted or for the sign area than 20 ft. sign signs business allowed for projecting Section the business 25.56.080.0 as determined by items 1 a, 1b,and 1c above Single tenant building;one- Signs shall be half the sign reverse"halo'lit area allowed 3.Business Below eave or non-illuminated for the front On the identification Building- One sign of the line of individual letters sign mounted wall facing the building building and of the freeway side Yes Illuminated signs Freeway- sign freeway not higher turned off at oriented signs Multitenant than 20 ft. building 11:00 P.M. building: 16- inch high Section letters 25.56.080.H maximum G17a p ter 25 . 56 Sic 56-141 P c e 00 �W Shall be 4. Business 50%of sign located on identification Building- area allowed Below eave the side of sign mounted, One sign per the building flush business where the g for business line of Yes Second story mounted only in single- building majority of business sign story building y the business is located Freestanding freeway-oriented monument signs and monument signs Maximum of one-half the total sign area allowed To identify a for the front 6 ft.unless building, of the topographic commercial or 5a. Business building.The or other industrial identification sign area of features complex,or Freestanding the necessitatei sign g One sign per shopping center monument monument a higher Yes with Multitenant street frontage frontage on a sign sign shall be sign. In no public or private sites less than in addition to event shall street 5 acres the allowed total sign sign area for height the building exceed 10 ft. Section or business. 25.56.080.E Maximum sign area 50 sq.ft. 10 sq.ft.per acre of 6 ft.unless subject site. topographic 5b.Business The sign or other identification area of the features sign Freestanding monument necessitate Multitenant monument One sign per sign shall be a higher Yes Section sign street frontage in addition to sign. 25.56.080.E sites with 9n the allowed g more than 5 sign area for In no event acres the building shall total Maximum sign height sign area 100 exceed 10 ft. sq.ft. 56-151Pag Chapter ' . 5 6 Sides Ilk Allowed,,,- lar S ty '= u.. � J�k� al Sign T ypes Hit L on, ._� Located along Section freeway 25.56.080B 1 5c.Freeway- One per 500 frontage Freestanding with a oriented lineal feet of Commercially monument monument freeway 450 sq.ft. 40 ft. minimum Yes. zoned properties signs sign frontage setback of in the freeway 10 ft.and a commercial maximum overlay zone setback of only. 50 ft. Miscellaneous signs 6. Business One sign per Letter height Placed on awnin shall not identification Permanent g exceed one- the awning Section sign awning sign Allowed in third of the or awning No 25.56.080.E addition to valance, but Awning sign other signs awning heightnot on both 25%of total One sign per window area 7.Business individual facing a Not allowed identification window public street On inside of Permanent above Section sign window signor public window Yes Allowed in parking area ground floor surface 25.56.080.D Window sign addition to including windows other signs temporary window signs Near main 8.Business A-frame, One per identification establishment 3 s ft. entrance on pedestal, or q• private sign another well- Allowed in May be two- 54 inches property, No Section 25.56.080.G Pedestrian- designed addition to sided and oriented oriented sign sign stand other signs to pedestrians 9.Attraction Building- One 25 sq.ft.for Per Below eave mounted establishment flush- line of boards mounted Section Flush- Allowed in building and Yes Theaters and mounted or addition to 15 sq.ft.per not higher 25.56.080.J nightclubs projecting other signs side for than 20 ft. projecting Chapter 25 . 56 Signs 56-161 P age a 7 Building- mounted or Shall not window encroach 10.Menu Within into the board May be on One per window area public right- Section Restaurant Pedestal if establishment 3 sq.ft. or 6 ft.if on of-way or Yes 25.56.080.K restaurant is menu board pedestal obstruct set back pedestrian more than 5 movement ft.from ROW 1.5 sq.ft.of 11. One per sign area per Near main Multitenant courtyard or tenant,plus entrance to courtyard or plaza an additional Y Wall or P courtyard or Section plaza ground sign Allowed in 2 sq.ft.to 7 ft• plaza and No 25.56.080.1 Business addition to provide orientedto oriented to directory sign other signs the courtyard pedestrians or plaza 12.Gasoline service stations.See Section 25.56.080(L)(Gasoline Service Stations) 13.Temporary signs.See Section 25.56.090(Temporary Signs) 56-171Page Chapter 25. 5 Signs 25.56.080 Standards for Specific Types of Permanent Signs A. Building-mounted wall signs. Figure 25.56-5: Wall Sign Examples v Op a Wx :v a� i I " a ems" rf 1. Signs shall be located only on a building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located. Chapter 25, 56 Signs56-181 Page Figure 25.56-6: Appropriate Wall Sign Location , Do This Don't Do This 2. Electrical raceways for signs shall be designed as an integral part of the sign or building design and shall not be visible. Figure 25.56-7: Electrical Raceways s, n j \may F l h 56-191Page Chapter 25 . 56 Signs I Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. 4. Signs shall be located within the middle 50 percent of the building or occupancy's frontage (e.g., in-line tenant) measured from lease line to lease line. Figure 25.56-8: Appropriate Wall Sign Location (In-line Tenant) Middle 50%of Building Middle 50%of Building or Occupany Frontage or Occupany Frontage i Building or Occupany Frontage Building or Occupany Frontage 5. Signs located on adjacent walls on the same building shall be separated at the corners of the building with adequate spacing. Figure 25.56-9: Required Separation for Wall Signs Adequate Spacing _._.._ E f i Chapter 25, 56 Signts 56-201 Pa B. Freestanding monument signs. Figure 25.56-10: Freestanding Sign Examples fresh V ". easyL s s rz �h ' 7 --AWN J Z 1. Freeway-Oriented Monument Signs i. All freeway-oriented monument signs shall be identified as part of a Sign Program for a commercially developed center and are subject 56-211Pag e Ghap1 r" 25. 56 Signs to the review requirements established in Section 25.56.100 and the requirements below. 1. Sign Programs shall include: a. Line of sight studies. b. Photo simulations and sign renderings for both night/day. ii. Only permitted for commercially zoned properties within the Freeway Commercial Overlay Zone and greater than 10 acres in size with at least 750 feet of lineal frontage abutting Interstate 10. iii. One freeway-oriented monument sign is permitted for every 500 feet of lineal frontage abutting Interstate 10. A maximum of two freeway-oriented signs are permitted per project. iv. Signs shall not exceed a maximum hiehgt of forty(40)feet. V. All signs shall be of an artist and enhanced design that is architecturally compatible with the architecture of the commercial center. 2. Monument Signs i. A single-tenant building, multitenant building with unshared access, commercial or industrial complex, or shopping center shall be entitled to one freestanding monument sign per frontage on a public or private street. ii. When a shopping center or industrial park has street frontage on any one street in excess of 1,600 lineal feet, one additional sign shall be permitted. Freestanding signs on the same street shall be separated by a minimum distance of 400 lineal feet. iii. All freestanding monument signs shall be placed within a permanently landscaped area not less than 24 square feet, be architecturally compatible with the building or complex, and not encroach in the public right-of-way. iv. When approving any freestanding sign the ARC shall affirmatively make the finding that the approval shall visually enhance the aesthetic quality of the property on which the sign is to be located. vi. Freestanding monument signs shall not contain phone numbers. C. Secondary business signs. Chapter 25. 56 Signs 56-221 P a g e Figure 25.56-11: Secondary Business Signs Main Building Sign H` Secondary Secondar y Signage MW Signage E Bci � �= �f 1. Secondary business signs shall be clearly ancillary to the main business sign and in no event shall the aggregate sign area exceed the maximum permitted under this chapter. 2. The design of secondary business signs shall be architecturally consistent with the main business identification sign. 3. The total aggregate sign area of the primary sign together with the secondary sign shall not exceed the maximum sign area allowed for the business. 4. Where a proposed secondary business sign is a registered federally regulated trademark sign, the size of the trademark sign may be subject to size reduction requirements in compliance with Section 25.56.060 (General Provisions for All Signs). 5. No more than two secondary signs allowed except as otherwise provided in this chapter. 6. Secondary signs shall not contain phone numbers. 7. Slogans, mottos, or sayings may be used instead of secondary business signage. D. Window signs—permanent. 56-231 Pa g e Chapter 25, 56Signs Figure 25.56-12: Window Signs (Permanent) a FINE MENSWEAR SINCE 4- K� F 1. The aggregate area of all window signs shall not exceed 25 percent of the total window area of a storefront. 2. Signs shall be permanently painted, etched, or mounted on the inside of windows. 3. Illuminated (LED, neon, etc.) window signs shall be allowed as permanent window signs, and shall not exceed 15 square feet in size. The area covered by the illuminated sign(s) shall count towards the maximum 25 percent window coverage limitation as described above. These signs shall Chapter 25. 56 Signs 56-241 P age not be allowed in windows fronting on El Paseo and shall not rotate, move, flash, blink, or appear to do any of the foregoing. 4. Window signs shall be allowed in addition to the aggregate sign area allowed for wall and projecting signs. 5. Signs within 5 feet of a storefront window shall be counted as window signs. E. Signs on awnings, marquees, canopies, arcades, or similar structures. Figure 25.56-13: Awning Signs 74, Rio oP f r K �r R'. l� 4 F a;. 0 Vi��ll III lid.. 1. All awnings shall be reviewed and approved by the ARC. The awning shall be architecturally compatible with the building and as a result an awning may not be appropriate for every building. 56-251 Pa g e Chapter" 25 , 56 Signs 2. Signs on awnings shall be kept in good repair, clean, and not faded. 3. Signs on awnings (lettering and numbers), including lettering style and colors shall blend aesthetically with the awning and building to which it is attached. 4. When required by the building official, street address numbers shall comply with the requirements of Palm Desert Municipal Code Section 15.15.010 and Table 15.15.020(A). 5. Awnings shall not contain phone numbers. F. Projecting signs. Projecting signs shall not extend below 8 feet from the sidewalk or the right-of-way. Figure 25.56-14: Projecting (Blade) Signs AKIII to , w u;-- +MNudum yx x� Mai r z a G. Pedestrian-oriented signs. Chapter 25 , 56 Sign 56-261 Page 1. Businesses in the commercial and industrial districts may place a pedestrian oriented A-frame or pedestal mounted "open" sign in front of a business, subject to the following standards: a. Maximum sign area shall be 3 square feet for pedestal signs on each side, and 5 feet for A-frame signs on each side; b. Maximum sign height shall be 54 inches; c. Signs shall be placed on private property in a location that does not impede pedestrian traffic flow; d. Signs shall be designed and located so as to not distract from the appearance of the building or violate the intent of this chapter; e. Signs shall not include extraneous verbiage advertising the business, specials, or sales events; and f. Signs shall be removed when the business is not open for business. 2. For businesses on El Paseo, the above standards apply with the following additional standards: a. Signs shall be placed on private property in a location that does not impede pedestrian traffic flow; b. Allowed only during the summer months between June 1 and October 1, or before 10 a.m. when a business is actually open at that time, during construction of a storefront, and/or any time a business is the sole tenant of an otherwise-vacant multi-tenant building; c. Signs permitted under this Subsection shall be limited to the word "open," the business name and logo, and hours of operation only; d. City approval of the sign is required. A City approval identity sticker will be issued and must be placed on the sign; and e. Signs shall be professionally designed and fabricated, and well- maintained at all times. H. Building-mounted signs facing the freeway. Businesses located in buildings with one side facing the freeway shall be entitled to one sign on the freeway side of the building in addition to other allowed signs for the front of the building, provided the freeway facing sign complies with the following requirements: 1. Signs for single-tenant buildings shall be limited to 50 percent of the total sign area allowed on the front of the building. 56-271P a g e Chapter 25, 5 Signs 2. Signs for multitenant buildings and individual business signs shall be limited to a maximum of 16-inch high letters. 3. All signs facing the freeway shall use black font type Bernard Gothic T Medium, except for federal trademark signs. 4. All signs facing the freeway shall be either reverse "halo' lit or non-illuminated individual letters. 5. Illuminated signs shall be turned off and non-illuminated after 11 p.m. 6. No logos, slogans, or phone numbers as part of the signage allowed. I. Directional signs for courtyard or plaza businesses. Where commercial buildings or complexes are designed to contain tenant spaces oriented to an interior courtyard or plaza and where the principal business identification sign is located on that courtyard or plaza frontage, the commercial building or complex shall be permitted a pedestrian directional sign(s). The directional sign shall group the names of businesses and/or principal services to be found in the courtyard or plaza subject to the following standards: 1. Signs shall be located at major pedestrian entrances to the plaza or courtyard. 2. Signs shall not encroach into the public right-of-way. 3. Signs shall be properly integrated into the architectural and landscape design of the building. 4. Signs including supports shall have a maximum width of 4 feet, whether wall- mounted or freestanding. J. Attraction boards for theaters and nightclubs. In addition to the principal sign area, one attraction board to advertise nightclub or theater entertainment shall be allowed. The information on the attraction board shall be limited to coming and current entertainment only. Attraction boards shall not be used to advertise rates or prices of attractions. K. Restaurant menu boards. In addition to the principal sign area, a restaurant may have one sign on a wall or window displaying the menu and/or daily specials. When a restaurant is set back more than 5 feet from the public right-of-way or pedestrian walkway, a freestanding easel may be set up within the setback to display the menu board during hours when meals are being served. The sign shall not encroach into the public right-of-way or obstruct pedestrian movement. L. Gasoline service stations. Gasoline service stations shall be limited to those signs approved by the ARC as a part of their action on a conditional use permit and/or amendment thereto. Service station signs shall not exceed the following limitations: 1. One double-faced freestanding monument sign not to exceed 24 square feet in area or not to exceed 8 feet in height, and advertising only the name of the company. Chapter igns 56-281 Pegs 2. One 10-square-foot maximum wall sign advertising the company name and/or operator. 3. One wall or ground sign, not exceeding 8 square feet in area and 8 feet in height for a ground sign, advertising the actual lowest price per gallon including all taxes at which gasoline are currently being offered. Any special conditions required for sale at the lowest price shall also be indicated. 25.56.090 Temporary Signs A. Applicability. The temporary signs listed below in Table 25.56-3 (Temporary Sign Standards) shall be allowed subject to the requirements of this section. Temporary signs in violation of this section shall be treated as illegal signs and shall be subject to abatement under the requirements of Section 25.56.130 (Abatement of Illegal Signs). B. Civic events. Nothing contained in this section shall prevent the Council from granting a special permit application or otherwise permitting signs, displays, or advertising pertaining to a civic, patriotic, or special event of general public interest taking place within the City when it can be found that the signs, displays, or advertising will not be materially detrimental to the public welfare, interest, or safety, nor injurious to adjacent property or improvements. C. Number, size, height, and duration. Table 25.56-3 (Temporary Sign Standards) provides standards for temporary signs. Temporary signs are allowed in addition to the number of permanent signs allowed for the property. 56-291 Pag e Chapter 25, 56 Sigma Table 25.56-3: Temporary Sign Standards addr TWe' in Gdw Temporary window signs' 2 Commercial and industrial zones Allowed for sales only and promotions Lineal feet of window area 50 feet or less One sign 10%of total N/A 30 days Placed on inside window area of window 51-100 feet One sign 15%of total window area More than 100 One sign 25%of total feet window area Special signs Special event One sign building- Below eave line of banner mounted or 30 sq.ft. building 30 days per year Section 25.56.090.D freestanding New business See Section Allowed only while establishment One sign 25.56.070 Table Below eave line of 60 days permanent signs are identification 25.56-21a, 1bor building 1c being obtained One sign per During active On property where Trade and street frontage 16 sq.ft.per construction is 20,000 sq.ft.of building permit taking place construction Shall not obstruct site area 8 ft Removed before project signs visibility at notice of Shall list only firms intersections Max.32 sq.ft. completion connected with the development project New Residential Development New subdivision One double-face 48 sq.ft.per sign 8 ft. Until all units in the identification sign sign,or two single- face project are sold face signs per street frontage New subdivision Two signs per 15 sq.ft.each 8 ft. Until all units in the Sign placement to directional signs street frontage project are sold direct persons to the subdivision entrance Realty and lease signs Realty sign One sign per 3 sq.ft.,plus one 4 ft. During time when Section 25.56.090 Single-family street frontage rider sign;5 in.x realty is offered for residential 16 in. sale or rent Realty sign One on-site,three 3 sq.ft. 4 ft.on-site While a Section 25.56.090.G Open house signs off-site 3 ft.off-site salesperson is physically present on the premises Chapter 25, 56 Signs 56-301 P a g e Ift%gn Iftion - ,� �. Ata� Realty sign One sign per 12 sq.ft. 4 ft. During time when Section 25.56.090 Other than single street frontage realty is offered for family in residential sale or rent zone Lease potential One two-sided 32 sq.ft. 6 ft. Displayed after May advertise lease sign sign per street ARC project potential for future Future frontage approval development prior to development Removed before and during notice of construction completion No riders outside of the 32 sq.ft.area Realty sign One two-sided 16 sq.ft. 6 ft. During time when No riders outside of sign per street realty is offered for the 16 sq.ft. area frontage sale or rent Personal property Three signs 3 sq.ft. 4 ft. Two days within a One on the property sale,block party, 30-day period where the event is or similar event being held,and two off-site on private property. Political signs See Section 25.56.090.E(Political Sign Regulations) Notes: 1. Businesses that are set back more than 250 feet from a public right-of-way(street)may double the temporary window sign area. Businesses that are set back more than 600 feet from a public right-of-way (street) may triple their otherwise entitled temporary window signage. 2.Does not include signs and decorations painted on or applied to windows pertaining to holidays and seasonal events when the signs contain no reference to the goods or services sold or provided by the establishment. All signs and decorations shall be removed within 10 days following the applicable holiday. D. Standards for temporary signs. Temporary signs shall be subject to the following standards and any additional standards for specific types of temporary signs: 1. Signs are allowed on private property only and shall not be placed in public rights-of-way or at off site locations. 2. Signs shall not be attached to roofs, temporary structures, trees, utility poles, light standards, and similar items in the public right-of-way. 3. Signs shall not be illuminated 4. Signs shall not move in any manner. 5. Signs shall be constructed of durable material suitable to their location and purpose. 6. Signs and their components shall be promptly removed at the time of expiration. 7. Window signs with non-commercial content or messages shall comply with all regulations of temporary signs related to number, area, size and height. E. Political sign regulations. Political signs shall comply with the following requirements: 1. Political signs shall not be located in the public right-of-way. 56-311 P age Chapter 25 , 56 Signs 2. No fee or permits shall be required for the right to erect political signs. 3. Where the sign is proposed to be placed on private property, the applicant shall secure the permission of the property owner. 4. Signs shall not be placed in any manner to create a hazard to public health or safety. 5. Signs shall be removed within 30 days following the election. F. Special event signs. 1. With the approval of the Director, a business may erect one temporary sign, freestanding or mounted on a wall fascia, advertising special events, promotions, or sales. Approval of a sign permit application may allow up to 30 square feet of sign area depending upon the type of event, building design, and right-of-way frontage for a period not to exceed 30 days per year. 2. 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 30 days may only be permitted in compliance with a resolution of the Council, which shall specify the period during which the banner may be displayed. G. Open house signs. Open house signs shall be permitted for an open house, subject to the following provisions: 1. On-site Signs: i. No flags or banners shall be used. ii. Individual logos and colors are allowed for on-site open house signs. iii. Signs shall be located on private property only, unless prior written approval for unique circumstances is obtained from the Director. 2. Off-site Direction Signs: i. Sign lettering must be brown on a beige background, but may include Realtor name and phone number in 2-inch high maximum, plain font. No logos or branding are permitted on off-site directional signs. ii. One off-site directional sign per intersection. One sign permitted on each corner of an intersection, such that no more than three off-site directional signs are allowed in addition to one on-site open house sign for a total of four open house signs. iii. Signs shall be located a minimum of 5 feet from curb with property owner permission for sign location. iv. Sign placement in any City median is prohibited. Chapter 25 , 56 Se g re 56-321 P acge V. Additional lighting, flags, balloons, or any other advertising device as defined in this chapter shall be prohibited. Figure 25.56-15: Open House Off-site Direction Signs urtN IF '-`HO U 241 Figure 25.56-16: Prohibited Locations - Open House Off-site Direction Signs d' RONI89E0 EX,IPEES x u.y y . 25.56.100 Comprehensive Sign Program A. Purpose. The purpose of a comprehensive sign program is to integrate all of a nonresidential project's signs with the overall site design and the structures' design into a unified architectural statement. A comprehensive sign program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this chapter. Approval of a comprehensive sign program may modify the standards provided in this chapter as to sign number, size, height, illumination, location, orientation, or other aspects of signs within the limits of this section. B. Applicability. The approval of a comprehensive sign program by the ARC shall be required whenever any of the following circumstances exist: 1. Whenever three or more separate tenant spaces are present on the same site. 2. Whenever three or more nonexempt signs are proposed for a single tenant. 56-331P a g e Chapter 25. 56 Signs 3. Whenever signs are proposed to be located on the second story on a multistory building. 4. Whenever an existing multitenant development of three or more tenants is being remodeled or rehabilitated to the extent that it requires review and approval by the ARC. 5. Whenever the Director determines that a comprehensive sign program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.). C. Application requirements. A sign permit application for a comprehensive sign program shall include all information and materials required by the Director. D. Standards. A comprehensive sign program shall comply with the following standards: 1. The proposed sign program shall comply with the purpose and intent of this chapter. 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign program, to the structures and/or developments they identify, and to surrounding development when applicable. 3. The sign program shall address all signs, including permanent, temporary, and exempt signs. 4. The sign program shall accommodate future revisions that may be required because of changes in use or tenants. 5. The sign program shall comply with the standards of this chapter, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes and intent of this chapter. 6. Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this chapter. 7. Review and approval of a comprehensive sign program shall not consider the signs' proposed message content. E. Findings. In order to approve a comprehensive sign program the following findings shall be made: 1. The comprehensive sign program complies with the purpose of this chapter, including the design criteria. Chapter 25 , 56 Signs 56-34I P a 2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development. 3. The comprehensive sign program contains provisions to accommodate future revisions that may be required because of changes in use or tenants. 4. The comprehensive sign program complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the signs proposed under the comprehensive sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this chapter. F. Revisions to comprehensive sign programs. The Director may approve revisions to a comprehensive sign program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised comprehensive sign program by the ARC. 25.56.110 Nonconforming Signs A. Lawfully permitted nonconforming signs. 1. Lawfully permitted on-premises signs existing at the time of the adoption of the ordinance codified in this chapter on September 10, 2009, that do not comply with the requirements of this chapter shall be deemed lawful nonconforming signs. 2. Nonconforming signs shall not be expanded, extended, rebuilt, altered, or reconstructed in any way, except for normal maintenance or to protect public safety. 3. It shall be the express responsibility of the seller of property or a business to advise the buyer of the provisions of this section relating to the removal of nonconforming signs upon the transfer of ownership of a business. B. Lawful nonconforming signs to be removed. It shall be the responsibility of the business owner, sign owner, or property owner to ensure compliance with this section. Nonconforming signs shall be removed or made to comply with the requirements of this chapter as follows: 1. Within 30 days of the issuance of a sign permit application for a sign on a property on which a nonconforming sign(s) exists. Prior to the issuance for a property on which a nonconforming sign(s) exists, the applicant or owner shall file with the City an irrevocable bond in the amount of $10,000 to guarantee the nonconforming sign(s) shall removed or made to conform with the requirements of this chapter within a specified time. 2. Upon the transfer of ownership of the business. 3. Upon the altering of the nonconforming sign or sign structure in any way or the addition of new sign(s) or a new sign structure. 56-351 Pa g P Chapter 45, 56 Signs 4. After 90 days of the discontinuance of a business or before a new business occupies the building, whichever comes first. C. Nonconforming signs maintenance. Except for normal repair or maintenance not exceeding 50 percent of the value of the sign, nonconforming signs shall not be modified, altered, moved, or replaced except in compliance with the requirements of this chapter. D. Lawful nonconforming off-site signs (i.e., billboards). Nothing contained in this chapter shall be construed to limit the ability of an owner of a lawful nonconforming off- site sign (i.e., billboard) to periodically change advertising copy. 25.56.120 Abandoned Signs A. Removal of abandoned signs. 1. An abandoned sign or an abandoned nonconforming sign shall be removed within 30 days by the owner or lessee of the premises upon which the sign is located or by a person, organization, or other entity that directly or indirectly receives a benefit from the information contained on the sign. All wording advertising or relating to the discontinued business shall be removed from all nonconforming signs. 2. A sign frame or structure that has been abandoned shall be removed within 30 days by the owner or lessee of the premises upon which the sign frame or structure is located. B. Presumption that a sign is abandoned. A sign that identifies or advertises a business that has ceased; is located upon a structure that has been abandoned by its owner; has not identified a bona fide business, lessor, service, owner, product, or activity available upon the site, for more than 90 days shall be presumed abandoned. C. Notice that a sign is presumed abandoned. The Director shall send the person responsible for a sign presumed to be abandoned an abandoned sign notification. Failure of the person to respond within 30 days to the abandoned sign notification shall serve as prima facie evidence of intentional permanent abandonment of the sign. 25.56.130 Abatement of Illegal Signs A. Enforcement authority. The Director shall be the enforcement authority for this chapter. B. Abatement of illegal signs. The Director shall not permit, and shall abate, any sign within the City that fails to meet the requirements of this chapter or other applicable law, including temporary signs. Any illegal permanent signs shall be abated by the City. C. Notification and appeal. The Director shall notify the owner or user of a permanent sign that has been installed without a sign permit that the illegal sign shall be removed within 10 days. Upon receipt of this notice, the owner or user of a permanent sign that is determined to be illegal does have the right to file an appeal regarding the decision or notice within 10 days thereafter to the Council pursuant to the provisions of Chapter 8.20 of this title. h a p ter 25. 5 6 S ig 56-361 P age 25.56.140 Penalties A. Violations of any of the provisions of this chapter are infractions and/or misdemeanors punishable as provided for in Palm Desert Municipal Code, Section 8.20.020(L). B. If the installation of a sign is commenced prior to obtaining an approved sign permit application, the applicable fee for a sign permit application shall be doubled. 56-371Page Chapter 25. 56 Signs Exhibit C - 25.99.020 Land Use Definitions. Monument sign. A freestanding sign that is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding sign types not meeting the definition of a monument sign shall be either a pole sign or a pylon sign. Monument sign, freeway-oriented. A freestanding sign that is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick on commercially zoned properties within the Freeway Commercial Overlay zone and greater than 10 acres in size and abutting Interstate 10. i l c t i K4 MK.L M1M Y \\ 4p°$: rw F 1 f/t a r x �d 1 r, t r'axa 4 y ,v, In _ �¢»$: .',' •Lai s f 1 Fountainhead Development April 4, 2017 Eric Ceja Principal Planner Community Development Department City of Palm Desert 73-510 Fred Waring Street Palm Desert, CA 92260-2578 Dear Mr. Ceja, Fountainhead Development is currently proposing a retail center in Palm Desert at the North- East corner of Monterey. The project is located on the northeast corner of Monterey Road and Dinah Shore Drive. The property backs to Railroad right of way and directly to the north of the railroad is US Interstate 10. Existing big box retail centers are located on the southeast, south west and north west corners of the intersection. The Monterey Crossing Project will consist of retail, restaurant, shop and hotel uses on approximately 18 acres. A Specific Plan has been prepared to regulate development on the site. APPROVAL REQUESTED Fountainhead Development is requesting a Zoning Ordinance Amendment to allow freeway oriented monument Signs along the northern edge of the proposed development, which are oriented towards Interstate 10. Although the request is currently related to the Monterey Crossing project, a Zoning Code Amendment is an appropriate approval mechanism to allow consideration of special circumstances that may also apply to other projects with similar features in the general area. We are proposing a zone change to allow freeway oriented monument signs along the entire Regional Retail Area as defined in the general plan PROJECT SETTING The City of Palm Desert is centrally located in the heart of the Coachella Valley in southeastern Riverside County. State Highway 111 and U.S. Interstate-10 are the two primary regional routes connecting the City to the rest of the Coachella Valley. Interstate 10, also known as Christopher Columbus Transcontinental Highway, is one of three coast-to-coast Interstates. In Palm Desert, Interstate 10 connects to State Highway 111, which in turn extends southeast to Brawley in the Imperial Valley. Interstate-10 also connects the Los Angeles region with Arizona and other cities and states to the east and the Southeastern United States. As such Interstate 10 is a critical roadway providing inter-regional access and is also a critical part of the local road network moving people and goods into and out of the Valley. (See Vicinity Map and Aerial) 1401 Quail Street, Suite 100 • Newport Beach, CA 92660 949/752-2515 9 Fax 949/752-7442 t ZONING As noted previously, the proposed development has a Regional Commercial General Plan designation and is zoned Planned Commercial with a Freeway Commercial Overlay Zone. The purpose of the Freeway Commercial Overlay Zone (FCOZ)district is to provide optional standards and incentives for the development of specific types of commercial uses on commercially zoned properties with freeway frontage, and/or properties within one signalized intersection of an interchange and intersecting cross street. in conformance with the FCOZ requirements, a Specific Plan has been submitted for the project under a separate application. Under this Overlay, Development standards are intended to be flexible, while ensuring and maintaining efficient site planning and attractive developments.The intent of the FCOZ is to allow the proper planning and ultimate development of retail centers serving both local and regional needs. (See General Plan and Zoning Map) JUSTIFICATION Developments such as those envisioned by the above Zoning Standards, have proven to promote success of retailers, provide economic benefit to Cities and serve prospective customers, both local and otherwise. Proximity and visibility to the freeway are big factors in how customers find goods and services in areas that they may not be otherwise familiar with. Commercial uses, (especially high quality retail, national tenants and hospitality uses) rely on exposure to the freeway to attract customers. Since these are regional oriented retail uses, its essential that these projects draw people for a larger market area than just the City of Palm Desert Palm Desert has significant commercial properties south of Interstate 10, that are separated from the Interstate 10 by railroad tracks, in some instances over 350 feet as in the case of the subject site. Since many of the proposed businesses at Monterey Crossing are located well over 500—1000' from the freeway right of way due to the railroad right of way, most of the building signage would not be visible from the freeway. Freeway monument signs oriented towards Interstate 10 provide opportunities for businesses to be identified. The signage allows for visibility from the freeway when the building may be obscured or too far away for their signs to be visible. Palm Desert has a few undeveloped sites along the south side of Interstate 10 that could similarly benefit from visibility and create additional commercial opportunities for the City. Absent such visibility, businesses may find an alternate location more attractive, which may not necessarily be conducive to development in the City of Palm Desert. It is not uncommon to see high quality commercial developments along Freeways that incorporate attractive signage reflective of the site and building design. In the right setting, such signs if properly designed, could serve to add interest and excitement and create a sense of place for the surrounding community. Figure 1.3 of the General plan identifies this area as "Regional Retail Area". Regional Retail District is defined in Chapter 3 "To provide large format retail development along with associated restaurant and commercial service activity. This district is located near freeway connections and around major intersections"The provision of freeway signage will assist in achieving this goal of encouraging large format retail uses. The general plan contains several goals applicable to the Regional Retail Areas including: Goal 4— Districts. A series of unique, destination-oriented districts that provide space for large format retail, industrial and resort uses in order to increase access to jobs, provide amenities for residents, and enhance the fiscal stability of the City: Goal 4.3 - Facilitate major retail service commercial centers. Allow a wide variety of uses to locate in Regional Retail Districts including destination retail centers, mixed use town centers and hotels among other uses. Providing freeway oriented signage is essential for the development of regional uses since the signage along the freeway assists in attracting residents of surrounding communities as well as visitors and travelers to facilitate Goal 4.3. Goal 8- Economic Development. A diverse, growing and resilient local economy Goal 8.1—Long-term economic development—Support the development and implementation of long term economic development strategies that seek to establish and keep new businesses. Establishing a comprehensive sign plan that allows for freeway oriented signs will support goal 8.1 by encouraging new businesses to locate in the Regional Retail Area. Bringing new regionally drawing businesses to the City of Palm Desert will increase the sale tax revenues to the City of Palm Desert. These regional businesses will bring customers from outside of the City and thus increase the potential retail sales base for the City and thus increase the potential tax revenues. At Monterey Crossing, we are proposing two (2) 10-foot tall, high quality, artistic freeway monument signs that incorporate individually illuminated channel letters, perforated metal panels, stone, architectural concrete and plaster.The signs are reflective of the desert architecture theme. At night,the perforated metal panels will be backlit to provide visual excitement through utilizing light and shadow. We are proposing the following revision to the Sign Ordinance to allow the freeway oriented signs. These revisions will allow larger planned projects in the Regional Retail areas to have freeway oriented signs. t PROPOSED ADDITIONAL TEXT—SECTION SC OF THE SIGN ORDINANCE Sign Class- Business Identification Sign —For large freeway oriented commercial projects within the FCOZ Overlay Zone adjacent to the Interstate 10 freeway right of way (and/or separated from the freeway by railroad right of way) Allowed Sign Types- Freeway Oriented Monument Sign Maximum Number of signs: Minimum size of 10 acres for the project (May include multiple parcels if part of a Planned Community or Specific Plan). 1 sign for each 500 feet of frontage along the parcel line adjacent to the freeway(and railroad if it's between the freeway and the project) with a maximum of 2 signs per project Maximum sign Area: 450 SF of signage on each side Maximum Sign height: 40' tall Sign Location:Within 50' of Freeway frontage or within 50' of railroad frontage if railroad is between freeway and commercial project Lighting Allowed: Internally illuminated or channel letters. Up lighting permitted if part of architectural design Additional Requirements: Design shall be attractive and architecturally compatible with building design and signage design. We feel that changing the zoning requirements to allow freeway oriented signage will increase the economic vitality of the City of Palm Desert, increase sales tax revenues and encourage a variety of new regionally oriented businesses to locate on undeveloped sections of the Interstate 10 through the City of Palm Desert. Attachments: [Freeway Sign Exhibits] Sincerely, Cra' Smith Fountainhead development cc: John Loper/Palmtree Communities Vasanthi Okuma/Fountainhead Development Milton Solomon/ADS Robin Bell/ADS CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 17-070 NOTICE OF INTENT OF THE PALM DESERT PLANNING COMMISSION TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT: AND A RESOLUTION RECOMMENDING APPROVAL TO THE CITY COUNCIL TO ADOPT A ZONING ORDINANCE AMENDMENT TO REVISE PALM DESERT MUNICIPAL CODE SECTION 25.56 "SIGNS" AND MODIFY SECTION 25.99.020 "LAND USE DEFINITIONS" TO ALLOW FOR FREEWAY-ORIENTED MONUMENT SIGNS ON COMMERCIALLY ZONED DEVELOPMENTS ABUTTING INTERSTATE 10 The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has determined that this project is exempt under Class 11 — Section 15311 "Accessory Structures and that the action to amend the existing ordinance to allow for on premise signs will not have a negative impact on the environment. Project Location: Commercially developed properties abutting Interstate 10 and greater than 10 acres in size. Code Amendment Description: Section 25.56 "Signs" will be amended to allow for freestanding freeway-oriented monument signs on commercially zoned properties abutting the freeway and at least 10 acres in size. All freestanding freeway-oriented monument signs will be subject to design and development standards, and will be subject to review and approval from the City's Architectural Review Commission. Palm Desert Municipal Code Section 25.99.020 "Land Use Definitions" will be amended to define "Monument signs -freeway-oriented." Recommendation: Staff is recommending that the Planning Commission adopt a resolution supporting the changes to the Zoning Ordinance, and allow the item to move forward to a public hearing with the City Council. Public Hearing: The public hearing will be held before the Planning Commission on August 1, 2017, at 6:00 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 for this project is from July 20, 2017 to August 1, 2017. Public Review: The Zoning Ordinance Amendment is available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, the 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 Planning Commission hearing. All comments and any questions should be directed to: Eric Ceja, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary JULY 20, 2017 Palm Desert Planning Commission 2 NOTICE OF EXEMPTION TO: FROM: City of Palm Desert ❑ Office of Planning and Research 73-510 Fred Waring Drive Palm P. O. Box 3044.Room 113 Desert, CA 92260 Sacramento,CA 95812-3044 ® Clerk of the Board of Supervisors 2724 Gate«av_ Dr, Riverside, or CA 92507 County Clerk County of: Riverside 1. Project Title: Zoning Ordinance Amendment 17-070-Amendment to the City's Sign Ordinance 2. Project Applicant: Vasanthi Okuma-Fountainhead Development IProject Location-Identify street address and City-wide 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 (b) Project Location-County: Riverside 5. Description of nature,purpose, and beneficiaries The applicant requests approval of a sign ordinance of Project: amendment to allow for freeway-oriented monument signs for planned commercial developments abutting Interstate 10 and greater than 10 acres in size. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the Eric Ceja,Principal Planner-City of Palm Desert project, including any person undertaking an activity that receives financial assistance from the j 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. (Pub. Res. Code§ 21080(b)(1); State CEQA Guidelines§ 15268) (b) ❑ Not a project. (c) ❑ Emergency Project. (Pub. Res Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) ® Categorical Exemption. Class I I "Accessory Structures"(a)On-premise signs State type and section number: 15311 (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: Project is consistent with the City's general plan. The placement of on premise signs is exempt from CEQA review-and-the amendment to the City's zoning ordinance Notice of Exemption FORM"B" — to allow them is not itself a project. 10. Lead Agency Contact Person: Eric Ceja,Principal Planner Telephone: (760)346-0611 H. 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: August 24,2017 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" r zC4 3 W Z LL w <. ■ N _ o c ■ H � w z � LY LL z Q 3 LY LL 0 IIl u_IL I CL W_ O GGG I � M d O d N C p O IIO IS E O O d o_ o_ C^ o 6L �— y —d 0 0� E ,cm a_> G o � Em o w w f O-IS w L.LJ W W ~ w Z � IN LZ .19 El 0 cn O ro'c M A IS£ G, L-O N L O W G O d a•3 � E � = Z � 0 0 = V E s O a Q 1 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION TO ADOPT A RESOLUTION RECOMMENDING APPROVAL TO THE CITY COUNCIL TO ADOPT A ZONING ORDINANCE AMENDMENT TO AMEND AND RETITLE PALM DESERT MUNICIPAL CODE SECTION 25.34.120 MEDICAL CANNABIS USE TO CANNABIS USE AND REGULATIONS AND SECTIONS 25.16 COMMERCIAL AND INDUSTRIAL DISTRICTS AND 25.18 ONE ELEVEN DEVELOPMENT CODE TO ALLOW FOR CANNABIS BUSINESSES WITHIN THE CITY, SUBJECT TO A CONDITIONAL USE PERMIT; AND ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SUBMITTED BY: Eric Ceja, Principal Planner APPLICANT: City of Palm Desert CASE NO: ZOA 17-027 DATE: August 1, 2017 CONTENTS: 1. Draft Planning Commission Resolution No. 2706 2. Exhibit A— DRAFT Section 25.34.120 Cannabis Use and Regulations 3. Exhibit B — DRAFT Section 25.16 Commercial and Industrial Districts 4. Exhibit C — DRAFT Section 25.18 One Eleven Development Code 5. The Desert Sun Legal Notice 6. Notice of Exemption Recommendation Waive further reading and adopt Planning Commission Resolution No. 2706, recommending that the City Council adopt Zoning Ordinance Amendment 17- 027 to establish land use regulations and permit requirements for adult-use of cannabis and commercial cannabis operations. Background In February 2016, the City Council directed staff to establish a Cannabis Committee to review criteria for medical marijuana delivery operators. The Committee is comprised of two Councilmembers, a Planning Commissioner, a cannabis delivery operator, a medical doctor, Code Compliance staff, the Sheriff's Department, and Planning Division staff. The Committee met several times during 2016, and ultimately decided not to recommend any Staff Report ZOA 17-027 Cannabis Use and Regulations Page 2 of 5 August 1, 2017 land use regulation until voters weighed in on Proposition 64. On November 8, 2016, California voters approved Proposition 64 — the Adult Use of Marijuana Act (AUMA). This proposition allows adults over the age of 21 to use marijuana for recreational purposes under certain conditions. The AUMA also permits residents to grow up to six plants on their property and allows local jurisdictions to retain local control and establish individual land use restrictions. Following the passage of the AUMA on January 26, 2017, the City Council took action and directed Planning staff to meet with the Cannabis Committee to draft and review a new ordinance to regulate commercial cannabis operations in the City of Palm Desert, with the general direction being cautiously open to the industry based on the passage of AUMA. The Committee met several times over the past few months to review language for a new ordinance, and to discuss the limitations and regulations imposed on operators. In June of this year, the Committee recommended moving the draft ordinance through the public hearing process. Project Description If approved, Section 25.34.120 of the Palm Desert Municipal Code will be retitled to Cannabis Use and Regulations. The draft changes reflect the allowance of both medicinal and adult use of cannabis in accordance with the Medical Cannabis Regulations and Safety Act (MCRSA) and the Adult Use of Marijuana Act (AUMA) approved by the California voters; now the Medicinal and Adult-Use Cannabis Regulations and Safety Act (MAUCRSA). The City's Ordinance will allow for limited retail cannabis uses within the City's commercially zoned property, testing facilities within the City's Service Industrial and Office Professional zoned properties; and limited cultivation, manufacturing, distribution, and delivery in the City's Service Industrial zones. Cannabis related businesses associated with retail/dispensaries, cultivation, manufacturing, distribution, and delivery will be subject to a separation requirement of 1,500 feet from other cannabis related businesses, while testing facilities will be subject to a separation requirement of 500 feet from other testing facilities. All cannabis businesses are subject to review and approval of a Conditional Use Permit (CUP) by the Planning Commission. Commercial cannabis businesses must also meet State guidelines imposed by the Bureau of Cannabis Regulations and are subject to State licensing requirements. No commercial cannabis business may operate without first obtaining a City CUP and a license from the Bureau of Cannabis Regulations. Analysis Adult-Use and Personal Cultivation of Cannabis MAUCRSA permits the adult-use of cannabis, by persons over age 21, for recreational purposes. The new law also allows persons over the age of 21 to grow and maintain up to six (6) mature cannabis plants at their residence. The proposed ordinance addresses adult- use by reiterating state limitations, which prohibit cannabis use within 1,000 feet of a school, Staff Report ZOA 17-027 Cannabis Use and Regulations Page 3 of 5 August 1, 2017 daycare, or youth center, and restricts cannabis use similar to the restrictions in the City's Smoking Ordinance (P.D.M.C. Chapter 8.36). MAUCRSA allows local agencies to prohibit outdoor cultivation of cannabis plants for personal use at residences; however, local agencies cannot prohibit indoor cultivation. The Committee discussed this particular requirement at length and ultimately recommended that the ordinance permit outdoor personal cultivation citing safety concerns. The ordinance permits outdoor cultivation for personal use and limits cultivation to rear and side yard areas only and only where not visible from public streets. The ordinance also provides limitations for indoor cultivation, including requirements for proper ventilation and prohibits the use of certain flammable solvents, such as kerosene, gasoline, and butane, within the residence. Commercial Cannabis Businesses MAUCRSA establishes the Bureau of Cannabis Regulation as the State agency charged with licensing commercial cannabis operators in the State. The agency has created 20 distinct licensing types of commercial operators and requires that operators obtain a State license prior to operation. These 20 licenses generally fall into six (6) categories: retail dispensary, cultivation, testing, manufacturing, delivery, and distribution. The proposed ordinance; therefore, provides language related to the six (6) categories. The ordinance provides a definition for Commercial Cannabis Business and requires that all Commercial Cannabis Businesses obtain a CUP and State license prior to operation. By applying the CUP process, the Planning Commission will review and vet all cannabis operations prior to permit issuance. All Commercial Cannabis Businesses are limited to specific zoning districts in the City, are required to be separated by 500-1,500 feet, are required to apply best business practices, and must submit supplemental information with the CUP application. Permitted Locations Retail cannabis operations are conditionally permitted in all commercial zoning districts in the City except the Downtown Core Overlay zone. Retail cannabis is similar to other retail operations; therefore, is limited to commercial areas of the City. The ordinance prohibits cannabis businesses from the Downtown Core Overlay. Cultivators, manufactures, distributors, and delivery operations are conditionally permitted in the City's Service Industrial (SI) zones only. These businesses are similar to existing light industrial uses in the City; therefore, limited to similar locations. Testing facilities are conditionally permitted in the City's Office Professional (OP) and SI zoning districts. Testing facilities operate similar to other testing and laboratory uses that exist in OP zones. Because testing facilities are more conspicuous and similar to other testing operations, staff believes they are compatible with other professional office operations and should be allowed in similar zones. Staff Report ZOA 17-027 Cannabis Use and Regulations Page 4 of 5 August 1, 2017 Separation Requirements The ordinance requires retailers, manufactures, cultivators, deliverers and distributors to be at least 1,500 feet from another cannabis business. Separation requirements are measured from the outer extents of a business's lease space. In addition, no cannabis business is allowed within 600 feet of a school, daycare, or youth center, or on properties abutting a residence or park. The separation requirements ensure that sufficient opportunities for commercial cannabis businesses exist without permitting them to proliferate in a single location or in great numbers. Staff is proposing a 500-foot separation requirement is applied between testing facilities. Testing facilities provide for professional uses similar to existing testing and laboratory uses in the City. Because testing facilities have limited cannabis on site and are more discreet, a reduced separation distance is being proposed. Operational Requirements & Supplemental Application Information The ordinance requires applicants of a CUP to submit additional information for review and to commit to certain operational requirements. The additional application requirements will be presented to the Planning COmmisison as part of their review and consist of the following : 1. A background check for the applicant and highest ranking employee. 2. Business plan. 3. Exterior facade plan. 4. Open premise agreement. 5. Energy and water supply assessments. 6. A detailed security plan that includes: a. Use of product and inventory tracking software. b. Installation and operation of security cameras. c. Alarm systems monitored by independent third party. d. Product that is securely stored and not accessible to the general public. 7. Access plan and 24-hour emergency contact information. 8. A "community relations" plan notifying other business in the area of their operations. 9. Odor control. 10.Annual State license and City business license renewal. 11.An indemnity agreement. These requirements are in line with State guidelines and best practices employed in the industry. These requirements will be conditions on the business operations and any operator found in violation of these requirements could lose their ability to operate the business by revocation of the CUP. Staff Report ZOA 17-027 Cannabis Use and Regulations Page 5 of 5 August 1 , 2017 This information is intended to identify legitimate cannabis businesses and ensure a professional and safe operation that is in line with community standards. These additional requirements will be reviewed by the Planning Commission as part of a CUP application. Environmental Review The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that this Zoning Ordinance Amendment (ZOA) is exempt from CEQA review pursuant to Section 15060(c)2 in that the proposed action will not result in a direct or reasonable foreseeable indirect physical change in the environment, and Section 15061(b)3 in that the ZOA to regulate the use of cannabis and cannabis businesses is not a "project" and is not subject to CEQA review. The Director of Community Development therefore, is recommending that the Planning Commission adopt a Notice of Exemption under the CEQA guidelines. Summary The proposed ordinance provides guidance and regulations for personal use and cultivation and commercial cannabis operations. Commercial operations are subject to approval of a CUP, and are required to be separated by specific distances from parks, residences, and other cannabis businesses. The ordinance allows the City to establish regulations that are compliant with State law. However, State law is constantly in flux, and staff anticipates amendments to the ordinance over the next few years to keep up with changes in the law. Findings of Approval Findings can be made in support of the project, and in accordance with the City's Municipal Code. Findings in support of this project are contained in the Planning Commission Resolution attached to this staff report. Submitted By: is Ceja, Prin al Planner Department Head: Ryan Stendell, Director of Community Development PLANNING COMMISSION RESOLUTION NO. 2706 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO THE CITY COUNCIL TO AMEND AND RETITLE PALM DESERT MUNICIPAL CODE SECTION 25.34.120 MEDICAL CANNABIS USE TO CANNABIS USE AND REGULATIONS AND SECTION 25.16 COMMERCIAL AND INDUSTRAIL DISTRICTS AND SECTION 25.18 ONE ELEVEN DEVELOPMENT CODE TO ALLOW FOR CANNABIS BUSINESSES WITHIN THE CITY, S ,BJECT TO A CONDITIONAL USE PERMIT; AND ADOPT A NOTI f3F EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUAL T CASE NO: ZOA 17-027 WHEREAS, pursuant to the authority grante&o :.e City Im Desert ("City") by Article XI, Section 7 of the California Constitution, th " . has the poli er to regulate the use of land and property within the City in a mane.° signed to promot blic convenience and general prosperity, as well as public healthfire, and safety; and ,gpy WHEREAS, adoption and enforcement o# c# ore €� ve zoning regulation and other land use regulations lies within the City's police powix x 3 k WHEREAS, California has adcftough balloti Jttive, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA o re � � he adu t j rsonaI and commercial use of cannabis, pursuant to local authority pressed in t� �1M ; a ' WHEREAS, th establ e Ad Ho annabis Committee, comprised of industry represen , comrri y memwi`1 and City staff, to review a potential cannabis ordinance and to ,e recomme tions for'4� nges to the City's Municipal Code to allow and regulate canna siness W the a gCommissi he City of Palm Desert, California, did on the 1st day i�tagust 2 ho � my noticed public hearing to consider changes to the City's Zoningdinance to can businesses in the City subject to approval of a Conditional Use Remit and certain r tfation �'i�� V1� I=AS, the re' ements established in the ordinance ensure that cannabis businesses &` erate m :; .City in a safe and limited manner, subject to licensing from the ' f"',,,,,gState Bureau onnabi - trol; and WHEREAS, ` lanning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. PLANNING COMMISSION RESOLUTION NO. 2706 B. The California Constitution and Planning and Zoning Laws authorize cities to establish, by ordinance, the regulations imposed on certain business operations and that cannabis businesses can be conditioned and limited in the City. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Municipal Code amendment to Section 25.34.120 Cannabis Use and Regulations and 25.16 Commercial and Industrial Districts, and 25.18 One Eleven Development Code as shown in Exhibit "A", "B" and Exhibit "C" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, sub se Alk ubdivision, paragraph, sentence, clause, or phrase in this ordinance or any part th for any reason held to be unconstitutional or invalid or ineffective by any court of c1 a x � isdiction, such decision shall not affect the validity or effectiveness of the rem i portion, this ordinance or any part thereof. The Planning Commission hereby d s that it wo ave passed each section, subsection, subdivision, paragraph,xgl. ence, clause, phrase thereof irrespective of the fact that any one (1) or subsections, subdivis paragraphs, sentences, clauses, or phrases be declared stitutiona invalid, or in tive. SECTION 4. California Environmental Qua lit y :� �� �ing. The City of Palm Desert (City), in its capacity as the Lead under th+ ifornia Environmental Quality Act (CEQA), has determined that thisQdinance ' 4 ndment (ZOA) is exempt from CEQA review pursuant to Section 15 at the p sed action will not result in a direct or reasonable foreseeable indire �hysica>° a a inkenvironment, and Section 15061(b)3 in that the ZO ulate the to o ��ft i�,� d cannabis businesses is not a "project" and is not s �s,EQA re �K a Dire of Community Development therefore, is recom �ing tha ,� `e Plana` :, Commission adopt a Notice of Exemption under the CEQA g �1¢ Ines. PASSED, APPlO., E xr '` � � D� the Planning Commission of the City of Palm Desd`; CaJ�frnia,� egular mifSeld on the 1st day of August 2017 by the followinrt�;o � h � NOE ABSENT: x ABSTAIN: NANCY DELUNA, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT A PDMC SECTION: 25.34.120 — Cannabis Use and Regulations This Chapter shall be known as the "Cannabis Use and Regulation Ordinance" for the City of Palm Desert. A. Purpose and Intent It is the purpose and intent of this section to regulate the commercial cultivation, personal cultivation, manufacturing, testing, distribution, transportation, delivery, dispensing, retail sale, and personal adult use of medicinal cannabis and non-medicinal cannabis within the City of Palm Desert. This section is prepared in accordance with the Compassionate Use Act of 1996 (CUA), the Medical Marijuana Program Act (MMPA), and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) (collectively, "State Law"), which give local jurisdictions the authority to establish land use regulations related to the personal and commercial uses of cannabis. It is the intent of the City to allow personal cultivation at residential properties and commercial cannabis permitees within city boundaries, subject to approval of special permitting, terms, conditions, confirmation of a state issued license, and in accordance with the provisions of this title. Nothing in this chapter shall be construed to (1) permit persons to engage in conduct that endangers others or causes a public nuisance, (2) permit the use or cultivation of cannabis beyond the limits established in state law related to cannabis, or (3) permit any activity relating to the cultivation, processing, sale, or distribution of cannabis that is illegal under state law, generally. B. Definitions Unless the particular provision or context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. Words and phrases not specifically defined in this code shall have the meaning ascribed to them as defined in the following sources: The California Business and Professions Code Section 19300.5 and Section 26001, The Compassionate Use Act of 1996 (CUA), The Medical Marijuana Program (MMPA), and the Medicinal and Adult-Use Cannabis Regulation and Safety Act(MAUCRSA). "Applicant" means a person applying for a Conditional Use Permit whom will be the primary owner and operator for any Commercial Cannabis Business. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. 72500.00001\29696795.1 "Cannabis retailer" means a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale. "Cannabis manufacturer" means a person that conducts the production, preparation, propagation, or compounding of manufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or re-labels its container. "Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "City" means the City of Palm Desert. "Commercial Cannabis Business" means any commercial operation associated, in whole or in part, with the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transporting, sale, dispensing, delivery or transport of cannabis and cannabis products. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities for commercial use purposes. "Fully Enclosed and Secured Structure" means a space within a building, greenhouse, or other approved structure which has a complete roof enclosure supported by connecting walls extending from the ground to the floor, which is reasonably secure against unauthorized entry, provides complete visual screening or is behind fencing or other features providing complete visual screening, and which is accessible only through one of more lockable doors and is inaccessible to minors. "Licensee" means the holder of any state issued license related to Commercial Cannabis Businesses, including but not limited to licenses issued under Division 10 of the Business & Professions Code. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. 72500.00001\29696795. 12 "Permittee" means any person granted a Conditional Use Permit under this Chapter. "Private Residence" means a house, an apartment unit, mobile home, or other similar dwelling unit. "Sale" includes any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom such cannabis or cannabis product was purchased. "Testing Facility' means a laboratory, facility, or entity in the City that offers or performs tests of cannabis or cannabis products and meets the licensing requirements found in MAUCRSA. C. Permit Required and Exemptions 1. Required i. All Commercial Cannabis Businesses are required to obtain approval of a Conditional Use Permit, City business license, and license from the Bureau of Cannabis Control prior to operation of any cannabis facility within the City. ii. Building permits for improvements associated with a Commercial Cannabis Business may be issued once an applicant has obtained approval of a Conditional Use Permit; however, a certificate of occupancy to operate will not be issued until said Commercial Cannabis Business has obtained, and provided the City proof, of a license issued by the Bureau of Cannabis Control as part of the City's Business License application. iii. Any Commercial Cannabis Business issued a Conditional Use Permit must provide the City with proof of a license issued by the Bureau of Cannabis Control prior to operation. Failure to maintain a license from the Bureau will result in revocation of the Conditional Use Permit and business license. iv. No Commercial Cannabis Business may operate in the City unless a license(s) from the Bureau of Cannabis Control has been issued and provided to the City's Community Development Department and Business License Division. v. A copy of the Bureau of Cannabis Control license, and any updates to the license, shall be provided to the Business License Division at the time of business license renewal. vi. Changes in license type, business owner, or operation will require an amendment to the approved Conditional Use Permit. 2. Exemptions i. Personal use, and cultivation of cannabis for personal use, is permitted outright on residential properties and subject to Subsection E of this ordinance and in accordance with the MAUCRSA. ii. Primary Caregivers engaged in the transportation of cannabis and cannabis related products to Qualified Patients for which they are the Primary 72500.00001\29696795.13 Caregiver are exempt from the requirement to obtain any special licensing from the City. iii. Any Cannabis Delivery operator, with a physical address outside the City is exempt from obtaining a Conditional Use Permit. The operator is required to obtain a business license with the City's Business License Division. D. Prohibited Activity 1. No Commercial Cannabis Business shall operate without first obtaining approval of: a Conditional Use Permit from the Planning Commission, a City issued business license, and the required State issued cannabis license from the Bureau of Cannabis Control. 2. No Commercial Cannabis Business shall operate within 600-feet of a school, daycare facility, or youth center as defined by this Ordinance and the MAUCRSA. 3. A Commercial Cannabis Business shall operate in accordance with the conditions adopted in the approved Conditional Use Permit and all conditions imposed by the Bureau of Cannabis Control. Commercial Cannabis Businesses shall only operate in designated zoning districts as identified in Section 25.16.030, 25.18.040 and within a fully enclosed and secured structure. 4. The use of volatile solvents, as defined in Section 11362.3d of the California Business and Professions Code, including but not limited to butane, propane, xylene, gasoline, kerosene, and other dangerous and poisonous toxins or carcinogens, are prohibited for indoor cultivation at a private residence. 5. Commercial Cannabis Businesses shall not advertise or promote cannabis or cannabis products that encourage use by persons under the age of 21, or promote cannabis and cannabis products within 1,000 feet of a school, daycare, park, or youth center. 6. Any activity generally prohibited by the AUMA, MCRSA, or other applicable State provisions related to Commercial Cannabis Businesses, and local ordinances. E. Personal Use and Cultivation Persons 21 years and older are permitted to use cannabis in accordance with the MAUCRSA, and subject to the City's Smoking Ordinance (PDMC 8.36). No special land use or business permits are required from the City for personal use and cultivation at or within a private residence. The following standards shall regulate personal use and cultivation: 1. Personal Use. Qualified patients and persons of legal age permitted to use cannabis in accordance with AUMA or MCRSA, and MAUCRSA, when it goes into effect, may do so on private property, out of public view, and in accordance with the City's "Regulations and Prohibitions of Smoking" Ordinance (PDMC 8.36). Generally, the use of cannabis is prohibited on City property, including 72500.00001\29696795. 14 parks, common areas in City owned housing developments, and other public places. Smoking or use of cannabis is prohibited within 1,000 feet of a school or childcare facility. 2. Personal Cultivation — Residents in the City are permitted to cultivate cannabis on private residential property for personal use and in accordance with AUMA, MCRSA, and then MAUCRSA, when it goes into effect; subject to the following standards: i. Outdoor Cultivation a. Cultivation for personal use is only permitted on private residential property developed with at least one residential dwelling unit. No more than six (6) plants are permitted to be cultivated at a private residence. Property owners retain the ability to prohibit renters from cultivation and any renter choosing to cultivate shall first obtain written authorization from the property owner to cultivate on site. b. Outdoor cultivation is limited to rear and side yard areas and only if screened by a solid block wall no less than six (6)feet in height. c. Outdoor cultivation shall not be visible from surrounding public streets or adjoining properties. As such, cannabis plants may not grow above the height of the property line walls unless screened by another approved screening method. d. Outdoor cultivation within 600 feet of a school, daycare center, or youth center is prohibited. i. Indoor Cultivation a. Indoor cultivation must have adequate ventilation. Structural, ventilation, electrical, gas, or plumbing changes to accommodate indoor cultivation are required to obtain a building permit from the City's Building and Safety Department. b. The use of volatile solvents, as defined in Section 11362.3d of the California Business and Professions Code, including but not limited to butane, propane, xylene, gasoline, kerosene, and other dangerous and poisonous toxins or carcinogens, are prohibited for indoor cultivation at a private residences. F. Commercial Cannabis Businesses Commercial Cannabis Businesses are defined in Subsection B of this Ordinance and do not include businesses that only sell cannabis related paraphernalia. All Commercial Cannabis Businesses shall be regulated by the following: 1. Required Permits — All Commercial Cannabis Businesses are required to obtain approval of a Conditional Use Permit in accordance with PDMC Section 25.72.050 "Conditional Use Permit" Commercial Cannabis Businesses must also obtain a business license with the City's Business License Division and provide proof of a cannabis license issued by the Bureau of Cannabis Control in accordance with Section C of this Ordinance. Failure to provide proof of a state issued cannabis license within one year of Conditional Use Permit approval will render the Conditional Use Permit invalid. 72500.00001\29696795.15 2. Location —Commercial Cannabis Businesses are permitted in the City's commercial, industrial, and downtown zoning districts as identified in Section 25.16.030 `Allowed Land Uses and Permits Requirements" and Section 25.18.040 "Land Use and Permit Requirements" of the Palm Desert Municipal Code. In accordance with MAUCRSA, no Commercial Cannabis Business is permitted within 600 feet of a school, childcare facility, or youth center. Commercial Cannabis Businesses are prohibited from operating on properties that abut public parks, single-family residential properties, or are located within the City's Downtown Core Overlay District. 3. Separation Requirement — Commercial Cannabis Businesses shall conform to the following separation requirements: a. No Conditional Use Permit shall be issued to a Commercial Retailer that is located within 1,500 feet of another approved Commercial Cannabis Business. b. Commercial Cannabis Businesses whose main business function is cannabis cultivation, distribution, manufacturing, transportation, or delivery, and whose location is limited to the City's Service Industrial zoning district only, shall be separated by 1,500 feet from another approved Commercial Cannabis Business. C. Commercial Cannabis Businesses whose main business function is to operate as a testing laboratory are subject to a separation requirement of 500 feet and are exempt from the separation requirements listed above. d. No Conditional Use Permit will be issued for Commercial Cannabis Business located within 600 feet of a school, daycare center, youth center. e. With the exception of Commercial Cannabis Businesses whose business is located within a mixed-use building or whose primary business function is as a testing laboratory, no Conditional Use Permits shall be issued for commercial and industrial properties abutting public parks or private residences. f. All separation requirements will be measured from the outer extents of the Commercial Cannabis Businesses lease space to the outer extents of another Commercial Cannabis Businesses lease space, or to the property line of a school, daycare center and youth center. 4. Operational Requirements a. Commercial Cannabis Businesses shall be conducted only within a Fully Enclosed and Secured Structure that is not accessible to minors. 72500.00001\29696795.16 b. Commercial Cannabis Businesses shall not create nuisance issues such a dust, glare, heat, noise, smoke, odor, and shall not be hazardous to use or storage of materials, processes, products, or wastes. C. All cannabis and cannabis products shall be kept in a secured manner during all business and nonbusiness hours. d. Commercial Cannabis Businesses shall utilize product and inventory tracking software and accounting software that is in-line with reasonable business practices within the industry. e. Commercial Cannabis Businesses shall install and operate security cameras at their place of business as follows: i. Security cameras shall be installed and maintained in good condition at all times. The areas to be covered by the security cameras include, but are not limited to sale, cultivation, manufacturing, processing, transportation, and distribution areas, all doors and windows, and any other areas as reasonably determined by the Planning Commission. ii. Cameras shall be in use 24 hours per day, seven days per week. iii. Commercial Cannabis Business permittees shall maintain at least 120 concurrent hours of digitally recorded documentation. iv. Any disruption in security camera images shall be cured expeditiously and in good faith. f. Permittees shall install alarm systems that are operated and monitored by an independent third party security company. g. All storage areas shall be locked at all times and under control by the permittee's staff. h. All cannabis and cannabis products shall be securely stored and not accessible to the general public. 5. Conditional Use Permit Submittal Requirements— In addition to the requirements listed in the Conditional Use Permit, all Commercial Cannabis Businesses shall submit the following information in conjunction with the review of a Conditional Use Permit: a. Background Check. The applicant is required to provide names, addresses, and relevant criminal histories of those with an ownership interest of twenty-five percent (25%) or more, and for themselves and the highest ranking employee (manager, director, etc...) at the Commercial Cannabis Business. The background check must be submitted on a form prescribed by the City and can be obtained at the City's Business Licensing Division. b. Business Plan. To be submitted for operational, banking, and personal procedures to ensure adequate business knowledge, modeling and 72500.00001\29696795.17 support. C. Exterior Facade. Renderings of the business facade shall be provided and reviewed as part of the Conditional Use Permit. Building facade plans shall include renderings of the exterior building elevations for all side of the building. All building facades shall be tastefully done and in keeping with the high architectural quality and standards of the City of Palm Desert. Because State Law limits certain advertising, the business facade and building signs shall be compatible and complimentary to surrounding businesses and shall add visual quality to the area. d. Open Premises Agreement. By receiving approval of a Conditional Use Permit the permittee of a Commercial Cannabis Business is agreeing to open the business to City officials at any time during business hours for inspection and to review that the permittee is operating in accordance with the conditions of this title and the Conditional Use Permit. e. Cultivation permittees shall supply energy and water assessments for review as part of the Conditional Use Permit process. These assessments shall estimate the total amount of annual electrical and water use required to operate the Commercial Cannabis Business. Review of the assessment may require the applicant to supplement electrical and water use at the site to minimize adverse environmental impacts. f. Security Plan. All Commercial Cannabis Businesses shall provide a security plan and demonstrate compliance with the security camera provisions outlined in Section F4 of this Ordinance. g. Access Plan and 24-hour Emergency Contact Information. The applicant shall provide contact information including name, email, and 24-hour accessible phone number to the Community Development Department and Sheriffs Department. h. Community Relations. The applicant shall provide a 24-hour contact number to surrounding property owners within 100-feet of the permittees location. By issuance of a Conditional Use Permit the permittees of a Commercial Cannabis Business agrees to respond to inquiries, concerns, and complaints by surrounding property owners. i. Odor Control. The applicant shall identify methods for ensuring odors emanating from a Commercial Cannabis Business do not interfere with surrounding businesses and the public realm. Odor control methods, include, but are not limited to, use of odor absorbing ventilation and exhaust systems, negative air pressure, and other treatments. j. Annual License Renewal All Commercial Cannabis Businesses are required to provide a valid license issued from the State Bureau of Cannabis Control at time of business license renewal. Business license are required to be renewed on an annual basis. 72500.00001\29696795.18 k. Indemnification Agreement. All Commercial Cannabis Businesses that obtain a Conditional Use Permit shall, and by acceptance of the permit, agree to hereby indemnify and hold harmless the City, its officers, agents and employees from any and all damages, claims, liabilities, costs including attorney fees, suits or other expenses resulting from and arising out of said commercial cannabis business operations. G. Penalties for Violation No person, whetheras principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this section. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this section, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this section is declared a public nuisance and may be abated as provided under the Municipal Code or State Law, and may result in revocation of a Conditional Use Permit. H. Grounds for Denial, Revocation or Suspension The issuance of a Conditional Use Permit for the operation of a Commercial Cannabis Business may be denied, and an existing permit may be revoked or suspended, if the permittee or applicant: a. Has knowingly made false statements in the applicant's application or in any reports or other supporting documents furnished by the applicant. b. Has been convicted of any offense related to the use, sale, possession or transportation of narcotics or habit-forming drugs. C. Has been convicted of any offense punishable as a felony, or has been convicted within a 10 year period immediately preceding the crime of theft in either degree. d. Failed to pay required taxes and business license fees. e. Failure to maintain a valid State issued license from the Bureau of Cannabis Control. f. Has failed to comply with the conditions imposed on the Conditional Use Permit. g. Has violated any provision of this chapter. 72500.00001\29696795.19 PLANNING COMMISSION RESOLUTION NO. Exhibit B Chapter 25.16 — Commercial and Industrial Districts Sections in This Chapter 25.16.010 Purpose.................................................................................................16-1 25.16.020 Characteristics of the Commercial and Industrial Districts ....................16-1 25.16.030 Allowed Land Uses and Permit Requirements......................................16-2 25.16.040 Specific Use Standards.........................................................................16-3 25.16.050 Development Standards........................................................................16-6 25.16.010 Purpose The purpose of this chapter is to establish commercial and industrial zoning districts in the City, along with allowed use and development standards applicable to those districts. These districts are consistent with and implement the City's General plan commercial and industrial district and center land use categories as indicated in Table 25.04-1 (Zoning Districts). 25.16.020 Characteristics of the Commercial and Industrial Districts The following descriptions of each district identify the characteristic uses, intensity of uses, and intended level of development for that district. A. Office Professional (OP). This district is intended for various levels of intensities for business, office, administrative, research and development, and/or professional land uses. This district is characterized by urban streetscapes with formal tree arrangements and larger block sizes. B. Planned Commercial (PC). The PC districts provide flexibility for commercial and mixed-use development. Generally, these districts are characterized as coordinated projects that integrate compatible commercial and residential mixed-uses. PC districts balance the need for automobile parking and pedestrian connections that are organized around walkable streetscapes and other pedestrian amenities. PC districts are further refined based on property size, proximity to residential uses, and as described below: 1. Specialty Commercial Center (PC-1). The specialty commercial center provides for small-scale commercial development that primarily serves surrounding neighborhoods and other immediate land uses. This district is characterized as being located in close proximity to residential development and, as such, provides high levels of convenient pedestrian access. This district also promotes the development of mixed-use (10.0 — 15.0 du/ac) as a transition between residential uses and other development types. 2. District Commercial Center (PC-2). The district commercial center provides convenient shopping opportunities outside of the downtown core area. This PC district provides large-format retail areas for the broader community and provides flexibility for the integration of mixed-use (10.0 — 15.0 du/ac) on upper floors of commercial buildings. The center is also characterized by traditional parking lots 16-11 P ac0 Chapter 25. 7E Commercial and Industrial Districts with formal tree arrangements and spacing and sufficient space for pedestrian areas and open space. 3. Regional Commercial Center (PC-3). The regional commercial center provides a unified area for commercial uses which offer a wide range of goods and services, including comparison and convenience shopping, entertainment, cultural, and recreational uses. The district provides for large-scale, large-format, commercial development that serves the broader region and is generally located around major intersections and properties in proximity to freeway overpasses. Although this district is predominately commercial, mixed-use (10.0 — 15.0 du/ac) is allowed and should be integrated into developments on the upper floor. 4. Resort Commercial Center (PC-4). The resort commercial center allows for the development of a range of entertainment, hospitality, restaurants, and recreational facilities with related commercial uses to serve visitors to the City. The district is characterized by multi-story development that provides recreation and entertainment amenities in accordance with its urban/natural setting, and provides flexibility to integrate mixed-use (10.0 du/ac). C. Service Industrial (SI). This district allows for the development of traditional business parks that allow for manufacture, distribution, research and development, and service of products intended for use within Palm Desert and surrounding communities. The district is characterized as having a more urban setting with buildings located near roadways, shared and connected parking, and streetscapes with formal street tree arrangements. 25.16.030 Allowed Land Uses and Permit Requirements Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses and corresponding permit requirements for commercial and industrial districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The "Special Use Provisions" column in the table identifies the specific chapter or section where additional regulations for the specific use type are located within this ordinance. Use regulations in the table are shown with representative symbols by use classification listing: "P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an administrative use permit, "C" symbolizes uses that require approval of a conditional use permit, and "N" symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). Chapter 2 5 , 16 Comm ercial and Industrial Districts 16-21P a g a PLANNING COMMISSION RESOLUTION NO. Table 25.16-1: Use Matrix for Commercial and Industrial Districts Commerclalflndustrial District' (P=Permitted;A--Administrative Use Special Use Permit,C=Conditional Use Permit, Provisions N=Not Permitted) OP PC-1 PC-2 PC-3 PC-4 SI Residential Uses Caretaker housing N N N N N P 25.16.040.A Condominium C C C N C C 25.16.040.13 Dwelling, duplex C C C C C C 25.16.040.E Dwelling, multifamily C C C C C C 25.16.040.13 Dwelling, single-family C C C N C C 25.16.040.13 Group home C C N N C C 25.16.040.13 Single-room occupancies N N N N N C Homeless Shelter N N N N N P Recreation,Resource Preservation,Open Space,and Public Assembly Uses Amusement facility, indoors N N C C C N Amusement facility,outdoors N N N C C N Community facility N N N N N P Day care center N C C C C N Emergency shelters N P N N N P Entertainment facility, indoor N N N P P N Entertainment facility, outdoor N N N P P N Institution, educational C C C N N C Institution,general C N C N N C Institution, religious C N C N N C Open space(developed or natural) N P P N P N Recreation facility, commercial N N P P P N Recreation facility, private N N N P P N Theater/auditorium N N P P N N Utility,Transportation,Public Facility,and Communication Uses Commercial communication tower C C C C C C 25.16.040.0 Commercial parking lot C N N N N N Public utility installation N N N N N P Public facility(utility or service) N N N N N P Utility facility N N C N N P 16-31F'a g e Chapter 25 , 16 Commercial and industrial Districts Retail,Service,and©Bice Uses Adult entertainment N N N N N C 25.16.040.D Ancillary commercial A P P P N A 25.16.040.E Art gallery A P P P P C Art studio A P P P P C Bed and breakfast N A A A A N Business support services N N N N P P Cannabis Retail N C C C C N 25.34.120 Cannabis Testing Facilities C N N N N C 25.34,120 Convention and visitors bureau N N P N P N Drugstore N P P P N N Financial institution C P P P N N Grocery store N P P P N N 25.16.040.F Health club,gyms or studios N A P P P C Hotel N A A A P N Liquor store N P P P N N Liquor, beverage and food items shop N P P P P N Medical, clinic P N P P N N Medical, office P P P P N N Medical, hospital N N N N N C Medical, laboratory P N N N N P Medical office, accessory N N N N N P 25.16.040.G Medical, research facility P P N N N C Mortuary N N N N N P Office, professional P N P P P P Office, local government P N N N N P Office,travel agency P P P P P N Outdoor sales N N A A A A Personal services N P P P P N Restaurant A C C C P C 25.16.040.E/H Retail N P P P P N Retail, bulky items N N N P P N Spa N N P P P N Time-share project N N N C I C I N Automobile and Vehicle Uses Chapter 25 . '16 Commercial ar7d In dustrial Districts 16-41Pac e PLANNING COMMISSION RESOLUTION NO. Automotive rental agency N N N N P P Automotive gasoline station N N C C N C 25.34.090 Automotive service facility N N C C I N P 25.34.090 Automotive sales new and used(Outdoor/Indoor) N N N N N C Automotive sales of accessory parts and supplies N N N EN P N Vehicle storage facility N N N N P 25.16.040.1 Industrial,Manufacturing,and Processing Uses Cannabis Cultivation N N N N N Q 25.34.120 Cannabis Delivery N N N N N C 25,34.120 Cannabis Distribution N N N N N C 25,34.120 Cannabis Manufacturing N N N N N Q 25.34.120 Industrial planned unit development N N N N N P Light industrial and research and development N N N N N P Maintenance facility N N N N N P Pest control facility N N N N N P Preparation of foodstuffs N N N N N P Production of home and office decor accessories N N N N N P Warehouse or storage facility N N N N N P Ternporary Uses See Section 25.34.080 The establishment may be permitted with an Administrative Use Permit but may be elevated to a Conditional Use Permit at the discretion of the ZA based on:parking,traffic,or other impacts. 25.16.040 Specific Use Standards The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix for Commercial and Industrial Districts): A. Caretaker Housing. Permitted only when incidental to and on the same site as a permitted or conditional use. B. Residential (mixed use). Residential uses may be established and maintained to be compatible with the permitted or the approved conditional uses in the vicinity. C. Commercial Communication Tower. All communication towers and antennas shall satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna Regulations). 16-51 Pa g e Chapter 25, 16 Commercial and industrial Districts D. Adult Entertainment. All uses defined as adult entertainment are required to meet the provisions established by Section 25.34.110 (Adult Entertainment Establishments). E. Commercial (ancillary). Applicable only to office and industrial complexes that occupy a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross leasable floor area and the total ancillary commercial uses, including restaurants, shall not exceed 25 percent of the gross leasable floor area of the complex. A Conditional Use Permit or Administrative Use Permit is required to review land-use compatibility and to ensure that adequate parking exists to serve the commercial use. F. Grocery Stores. Limited to a maximum building size of 10,000 square feet in PC-1, 30,000 square feet in PC-2, and 60,000 square feet in PC-3. G. Medical Offices, accessory. Permitted only when ancillary to and in conjunction with the operation of a hotel. H. Restaurants. Drive-through and drive-in facilities permitted by a conditional use permit as follows: 1. Permitted locations. i. Within Freeway Commercial Overlay District ii. On the following streets and as indicated in Figure 25.10-2: Monterey Avenue and Portola Avenue from the northern city boundary to the north side of Gerald Ford Drive. 2. Development standards. i. Drive-through lanes and window facilities shall be designed in a manner that they are screened and/or not visible from surrounding public streets. ii. Drive-through vehicle queue must be permanently screened and/or not visible from surrounding public streets. I. Vehicle Service and Storage Facility. The storage facility must be completely screened. 25.16.050 Development Standards The development standards included in Table 25.16-2 (Commercial and Industrial District Development Standards) are applicable to commercial and industrial districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) located in the zoning ordinance, are intended to assist property owners and project designers in understanding the City's minimum requirements and expectations for high-quality development. A. Special setback requirements. In addition to the setback requirements in Table 25.16- 2 (Commercial and Industrial District Development Standards) the following special setback provisions apply: 1. On interior lots in the PC zone districts, setbacks shall be the lesser of the setback requirement listed in Table 25.16-2 (Commercial and Industrial District Development Standards). For exterior lots or projects perimeter adjacent to public streets the setback standards below shall apply. Said setbacks shall be measured from the property line. 2. Building setbacks from planned street lines: Chapter 25, 16 Commercial and Industrial Districts 16-61 P age PLANNING COMMISSION RESOLUTION NO. Table 25.16-2: Setbacks from Planned Street Lines Street Type Setback Distance Freeway 50 feet Major 32 feet Arterial 32 feet Collector 25 feet Local 25 feet 3. Where commercial districts abut a residential district, a fence or wall 6 feet in height shall be located adjoining the property line except adjoining a required front yard. All commercial district property lines adjoining a residential district shall be landscaped with plant materials for an area 10 feet in depth. 4. All nonpaved areas shall be landscaped and treated or maintained to eliminate dust. B. Exceptions: Development standards within the PC districts may be modified through the precise plan process as specified in Section 25.72.030Special standards within the Service Industrial (SI) district. Sound emanating from industrial properties shall be muffled so as not to become objectionable due to intermittence, beat frequency, or shrillness. The measurements of sound shall be measured at the lot lines and shall be measured to decibels with a sound level meter and associated octave band filter, manufactured according to standards prescribed by the American Standards Association. Maximum permissible sound pressure levels shall comply with the limits at table 25.16-2 and the following standards: Table 25.16-3: Maximum Permitted Decibels Octave Band in Cycles- Adjacent Residential District Lot Line of Use in the SI Second(decibels) Boundaries(decibels) Zone(decibels) 0-75 72 79 76-150 59 74 151-300 52 66 301-600 46 59 601-1200 42 53 1201-2400 39 47 2401-4800 34 41 Above 4800 32 39 1. The maximum sound pressure level in decibels shall be 0.002 dynes per square centimeter. 16-71Pa g a Chapter 25 . 16 Commercial and Indus trial Districts 2. Toxic gases or matter shall not be emitted which can cause any damage to health, animals, or vegetation, or other forms of property, or which can cause any excessive soiling beyond the lot lines of the use. 3. Vibration from any machine, operation, or process which can cause a displacement of .003 of 1 inch as measured at the lot lines of the use shall be prohibited. Shock absorbers or similar mounting shall be allowed which will reduce vibration below .003 of 1 inch as measured at the lot lines. 4. Glare and heat from any source shall not be produced beyond the lot lines of the use. 5. Storage of refuse, trash, rubbish, or other waste material outside a permanent building shall be kept in enclosed containers in areas other than the front and side yards. 6. Lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking areas, loading and unloading areas, and the like shall be shielded, focused, directed, and arranged as to prevent glare or direct illumination on streets or adjoining property. 7. Unless specific additional uses are permitted by the certificate of occupancy, the use of radioactive materials within the SI district shall be limited to measuring, gauging and calibration devices, as tracer elements, in x-ray and like apparatus, and in connection with the processing and preservation of foods. In no event shall radioactivity, when measured at each lot line, be in excess of 2.7 x 10-11 micro curies per milliliter of air at any moment of time. 8. Electrical and electronic devices and equipment shall be suitably wired, shielded, and controlled so that in operation they shall not, beyond the lot lines, emit any electrical impulses or waves which will adversely affect the operation and control of any other electrical or electronic devices and equipment. (Ord. 96 § 1, 1975, Exhibit A§ 25.20-7.16) C. Special standards within the Office Professional (OP) district. 1. When adjacent to single-story residential, the rear and exterior side yard setbacks shall be increased by 6.43 feet for each foot of building height above 18 feet up to 25 feet tall. See table below: Table 25.16-4: Additional Setback in OP District Height Setback Distance 19 feet 26.43 feet 20 feet 32.86 feet 21 feet 39.29 feet 22 feet 45.72 feet 23 feet 52.15 feet Chapter 25, 16 Commercial and Industrial Districts 16-81 P a g e PLANNING COMMISSION RESOLUTION NO. 24 feet 58.58 feet 25 feet 65 feet 2. Second-story Windows: Second-story windows are allowed to face adjacent single-story residential zones with sufficient screening; either with landscaping or another method as approved through the precise plan process. 16-91 'a g e Chapter 25 , 16 Commercial and Industrial Districts 0 I M U) US O O O O N 1 -� 1 1 O Z O O p N N N O O c c O I O O O O d vLO Z 0 0 0Y N o o LO 0LO I Z Z cn N V C w M U O N N 1 0 N C1 U p O O O I I I I u i Cn CO c� I Q. �_ C, co Z Z Z o co 0 O d to V, w 01 ZN U U N c? O 1 0 N U O _ co N C C I p I p p ...0 O co O w+ C ON Z Z N N LO O O L O O co CY) +•+ t1 W � 0EV i v N cn cu _ N C p NI O O O � c �O a U) O O co O 7 C !� u d E c EN ^ v O O O m � LO O p V 0 po 0 b > N > o ti p N M I Z ca ca N p c� N O N O O tf1 � O H �L �X —^` Q) Q U) N 1 •� � 0 � �X a 0 c 3 C 25 ca O E p fA ca m ai w mto 0) c E E U) m N N t0 >1 >, L L L 6 C in 'cn 3 "O .Q C N N ca > O ,x O m o..! J J J J LL (n (n I �.} LL w 2 = Z m (1 a am h Q) ok I I m w ti m 'm N a o a`Ui m m p •Q U � nh _ U a) N G O m O = C m cu E m t rn U o Q) O M IL CN m m V1 G O O W m Co m U N it f M c Q) o y N (� o M E h a ' d N � ° uc m N m m m {� N 01 Y Y h.G L N o m a °o () Ln N ui a h a a d _ " ti E ami Z a '.. p N a 3 = y a 4'"h .U ; o w Q) �� O c r a ami Cl) aai m E c O ° c Q a) c 4 r G O p � �,O U N V o IL ari E Q Q O h p E o to C) a G Q U y '� �; G GO U y Q) NO a G G Q r- o - � ema� m O a m LLl i.O O G CO O Q) COCO a = c a °i OEM Z y c9O me cdEa) N �_ Z N .h„ N �' U coG E �6 E O N O d m Up U, m co m 0 LO ° mm mE U' cm � a•oI ym � m J off , m ' � a) � m O �Y � p � � you ymCD c y -r- maami� W Q'6 rnQ) C m p fY ovo h `,� m °i a E c O NCOQ) ` mO o O? z Q N N oELo clt N N N tiQac�� mE c mLO oU�mcu i7j LO oc�p" a`O o.� m NOS � QC 15 Ld N� O'O h G p E U U p CU � caUm; m � m U _ rU Eo0a.yv> > ai� avi Ue � o C: oa"imm � ma m � � Z LB N N N U N co a) N C $ p� a�i y c cat m Z � c L oCo �3 � IN L° Q c c �a) Qn CJ J x a m w o Z -z N c-i er ui cd N: C6 pi �- Exhibit C - 25.18.040 Land Use and Permit Requirements Amend Table 25.18-1. "Use Matrix for Downtown Districts" to the following Land Use Zone =Special Use Provisions D D-O DE DE-O Retail, Service,and Office Uses Cannabis Retail C N N N 25.34 120 Cannabis Testing Facilities C N N N 25.34.120 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 17-027 NOTICE OF INTENT OF THE PALM DESERT PLANNING COMMISSION TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT• AND A RESOLUTION RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT TO AMEND AND RETITLE PALM DESERT MUNICIPAL CODE SECTION 25.34.120 "MEDICAL CANNABIS USE" TO "CANNABIS USE AND REGULATIONS" AND SECTION 25.16 "COMMERCIAL AND INDUSTRIAL DISTRICTS" TO ALLOW FOR CANNABIS BUSINESSES WITHIN THE CITY, SUBJECT TO A CONDITIONAL USE PERMIT. The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that this Zoning Ordinance Amendment (ZOA) is exempt from CEQA review pursuant to Section 15060(c)2 in that the proposed action will not result in a direct or reasonable foreseeable indirect physical change in the environment, and Section 15061(b)3 in that the ZOA to regulate the use of cannabis and cannabis businesses is not a "project" and is not subject to CEQA review. The Director of Community Development therefore, is recommending that the Planning Commission adopt a Notice of Exemption under the CEQA guidelines. Project Location: City-wide Code Amendment Description: Section 25.34.120 will be retitled to "Cannabis Use and Regulations" to reflect the allowance of both medicinal and adult use of cannabis in accordance with the Medical Cannabis Regulations and Safety Act (MCRSA) and the Adult Use of Marijuana Act (AUMA) approved by the California voters. The City's Ordinance will allow for retail and dispensary cannabis uses within the City's commercially zoned property, testing facilities within the City's Service Industrial and Office Professional zoned properties; and cultivation, distribution, and delivery in the City's Service Industrial zones. All cannabis related businesses will be subject to a separation requirement of 1,500 feet from other cannabis related businesses, and review and approval of a Conditional Use Permit (CUP). Cannabis businesses must also meet State guidelines imposed by the Bureau of Medicinal Cannabis Regulations and are subject to State licensing requirements. Recommendation: Staff is recommending that the Planning Commission adopt a resolution supporting the changes to Zoning Ordinance, and allow the item to move forward to a public hearing with the City Council. Public Hearing: The public hearing will be held before the Planning Commission on August 1, 2017, at 6:00 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 for this project is from July 20, 2017 to August 1, 2017. Public Review: The ZOA is available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, the 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 Planning Commission hearing. All comments and any questions should be directed to: Eric Ceja, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary JULY 20, 2017 Palm Desert Planning Commission 2 NOTICE OF EXEMPTION TO: FROM: City of Palm Desert ❑ Office of Planning and Research 73-510 Fred Waring Drive Palm P. O.Box 3044,Room 113 Desert,CA 92260 Sacramento,CA 95812-3044 ® Clerk of the Board of Supervisors 2724 Gateway Dr,Riverside, or CA 92507 County Clerk County of: Riverside 1. Project Title: Zoning Ordinance Amendment 17-027—Amendment to the City Municipal Code Section 25.34.120 Cannabis Use and Regulations 2. Project Applicant: City of Palm Desert 3. Project Location—Identify street address and City-wide cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2'topographical map identified by quadrangle name): r5. !Description (a) Project Location—City: Palm Desert (b) Project Location—County: Riverside of nature,purpose, and beneficiaries The City amends its zoning ordinance to permit commercial of Project: cannabis businesses in the City's industrial, office, and commercial zoning districts, subject to review and approval of a Conditional Use Permit. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the Eric Ceja,Principal Planner—City of Palm Desert 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. (Pub. Res. Code§ 21080(b)(1); State CEQA Guidelines § 15268) (b) ® Not a project. (c) El Emergency Project. (Pub. Res. Code§ 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) ❑ Categorical Exemption. State type and section number: (e) ❑ Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) M ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: 9. Reason why project was exempt: Notice of Exemption FORM"B" 10. Lead Agency Contact Person: Eric Ceja,Principal Planner Telephone: (760)346-0611 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: August 24,2017 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"