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Home My WebLink AboutRes No 2679PLANNING COMMISSION RESOLUTION NO. 2679 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDATION TO THE CITY COUNCIL TO APPROVE A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTIONS 25.56.040, 25.56.050, 25.56.080, AND 25.34.080 TO ALLOW YEAR-ROUND PEDESTAL SIGNS AND BALLOONS ON A TEMPORARY BASIS FOR BUSINESSES WITHIN THE EL PASEO OVERLAY DISTRICT, ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: ZOA 16-265 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of October, 2016, hold a duly noticed public hearing to consider the request by the City of Palm Desert and recommended approval to the City Council of the above noted; and WHEREAS, the El Paseo Merchants Association of the City of Palm Desert, California, did on the 25th day of August, 2016, hold a duly noticed public hearing to consider the request by the City of Palm Desert and recommended approval of the above noted; and WHEREAS, establishing an Ordinance to allow year-round pedestal signs for businesses along El Paseo within the El Paseo Overlay District, the use of helium balloons no more than 40 days a year, subject to a Temporary Use Permit, and other code modifications for signage will help the businesses along El Paseo and could increase the City's sales tax; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. The application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the proposed project is under Article 19 Section 15311 Accessory Structures (a) On - premise signs (Class 11) of the CEQA; therefore, no further environmental review is necessary; and WHEREAS, the City of Palm Desert believes that the recommendations strike a good balance between the merchants and the City, while preserving the upscale shopping experience along El Paseo. WHEREAS, the proposed project conforms to the development standards listed in the City's Zoning Ordinance for the El Paseo Overlay District; and PLANNING COMMISSION RESOLUTION NO. 2679 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons, which are outlined in the staff report reasons to recommend approval of the said request: 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 recommend approval to the City Council of ZOA 16-265. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 4th day of October 2016, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, and KELLY NOES: PRADETTO ABSENT: NONE ABSTAIN: NONE OHN REEKICAD, CHAI ON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION G:\Planning\Monica OReilly\Planning Commission\2016\Resolutions\Res. No. 2679 ZOA 16-265 Pedestal Signs-Balloons.docx PLANNING COMMISSION RESOLUTION NO. 2679 Exhibit "A" Section 25.56.040 — Exempt Signs An amendment to Section 25.56.040 N. "Open" is proposed to correlate with the modifications to Section 25.56.080 G. "Pedestrian -oriented signs." Below is the current language with the modifications in "bold font." "Open" signs, not within the El Paseo Overlay District per Section 25.56.080 G. "Pedestrian -oriented signs" are allowed, subject to the following: Mounted on the inside of a window or on a pedestal near the main entrance, if a window sign is not used. Maximum sign area shall be three (3) square feet. Signs may be double -sided. Pedestal signs shall be located on private property and shall not interfere with pedestrian movement. Signs shall not flash, move, blink, rotate, or appear to do any of the foregoing. G:\Planning\Monica OReilly\Planning Commission \2016\Resolutions\Res. No. 2679 ZOA 16-265 Pedestal Signs-Balloons.docx PLANNING COMMISSION RESOLUTION NO. 2679 Exhibit "B" Section 25.56.050 — Prohibited Signs An amendment to Section 25.56.050 A. "Advertising devices" is proposed to also correlate with modifications to Section 25.56.080 G. "Pedestrian -oriented signs" in regards to the use of balloons as advertising devices. Below is the current language with the modifications in "bold font." The following signs, displays, and devices, as defined in Chapter 25.99 are prohibited in the City: A. Advertising devices, unless otherwise specified in another section within Chapter 25.56 Signs. G:\Planning\Monica OReilly\Planning Commission\2016\Resolutions\Res. No. 2679 ZOA 16-265 Pedestal Signs-Balloons.docx PLANNING COMMISSION RESOLUTION NO. 2679 Exhibit "C" Section 25.56.080 G. — Pedestrian oriented signs Below is the current code for Section 25.56.080 G. "Pedestrian oriented signs," with the proposed added language shown in "bold font." 1. Businesses in the commercial and industrial districts, excluding businesses within the El Paseo Overlay District, may place a pedestrian -oriented A -frame or pedestal mounted "open" sign in front of a business, subject to the following standards: a. Maximum sign area shall be three (3) square feet for pedestal signs on each side, and five (5) feet for A -frame signs on each side; b. Maximum sign height shall be 54 inches; c. Signs shall be placed on private property in a location that does not impede pedestrian traffic flow; d. Signs shall be designed and located so as to not distract from the appearance of the building or violate the intent of this chapter; e. Signs shall not include extraneous verbiage advertising the business, specials, or sales events; and f. Signs shall be removed when the business is not open for business. 2. For businesses within the El Paseo Overlay District between Portola Avenue and Highway 74, the following standards apply: a. Pedestal signs are allowed year-round during the business's operating hours; b. A -Frame signs are not permitted; c. Businesses with less than 24 lineal feet of building frontage are allowed one (1) pedestal sign up to a maximum of three (3) square feet and a maximum sign height of 54 inches; d. Businesses in excess of 25 lineal feet of building frontage are allowed one (1) pedestal sign up to a maximum of 22" w x 14" h or 22" w x 28" h, and a maximum sign height of 54 inches; e. Signs may include the word "open" advertising the business with artwork such as a model, product, and logo, business name, and promotional text; f. Signs shall not include the word "sale" or "sales"; g• No decorative elements are allowed on the pedestal frame; G:\Planning\Monica OReilly\Planning Commission\2016\Resolutions\Res. No. 2679 ZOA 16-265 Pedestal Signs-Balloons.docx PLANNING COMMISSION RESOLUTION NO. 2679 h. Signs shall be placed on private property in a location that does not impede the sidewalk and pedestrian traffic flow; i. City approval of the sign is required by the Department of Community Development/Planning. A City approval identity sticker will be issued and must be placed on the sign; Signs shall be professionally designed, fabricated, and well -maintained at all times; and k. Helium balloons are allowed subject to the following standards: a) The business must obtain approval of a Temporary Use Permit (TUP) from the Department of Community Development/Planning; b) Each business is allowed no more than 40 days a calendar year, and no extensions will be granted; c) The dates must be identified on the TUP application; d) No more than five (5) helium balloons are allowed; e) Each helium balloon must be a solid color with no wording and shall not exceed 18" in size; f) Each helium balloon must be attached to the pedestal sign and floating to a maximum of four (4) feet above the sign at all times; g) Each helium balloon must not impede into the sidewalk or blow into pedestrians; h) The business must agree not to release the balloons into the air; and i) If the City receives more than two (2) complaints about the business's helium balloons, then the Director of Community Development may revoke the TUP. G:\Planning\Monica OReilly\Planning Commission\2016\Resolutions\Res. No. 2679 ZOA 16-265 Pedestal Signs-Balloons.docx PLANNING COMMISSION RESOLUTION NO. 2679 Exhibit "D" Section 25.34.080 Temporary Uses An amendment to this section is proposed to add the use of balloons subject to a TUP to correlate with Section 25.56.080 G. "Pedestrian -oriented signs." Below is the current language with the modifications in "bold font." C. Allowed temporary uses. The temporary uses listed below are permitted with approval of a temporary use permit in compliance with the provisions and limitations listed herein. 8. Helium Balloons — The use of helium balloons are allowed for businesses along El Paseo within the El Paseo Overlay District per Section 25.56.080 G. "Pedestrian - oriented signs." G:\Planning\Monica OReilly\Planning Commission\2016\Resolutions\Res. No. 2679 ZOA 16-265 Pedestal Signs-Balloons.docx