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Home My WebLink AboutORD 1311ORDINANCE NO. 1311 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TEMPORARY ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTIONS 25.56.040, 25.56.050, 25.56.080, AND 25.34.080 TO ALLOW A TRIAL PROGRAM UNDER WHICH BUSINESSES IN THE EL PASEO OVERLAY DISTRICT USE OF PEDESTAL SIGNS YEAR-ROUND AND HAVE BALLOONS UP TO 40 DAYS PER CALENDAR YEAR FOR BUSINESSES WITHIN THE EL PASEO OVERLAY DISTRICT THROUGH DECEMBER 31, 2017, AND ADOPTING A NOTICE OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: ZOA 16-265 WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th day of October, 2016, hold a duly noticed public hearing to consider the request by the City of Palm Desert and approved the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 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, recommended approval of the proposed zoning modifications; and WHEREAS, establishing a temporary Ordinance to allow year-round pedestal signs for businesses along El Paseo within the El Paseo Overlay District and the use of helium balloons up to 40 days a year, subject to a Temporary Use Permit (TUP), and other code modifications for signage will help the businesses along El Paseo and could increase the City's sales tax; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. The application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the proposed project is under Article 19 Section 15311 Accessory Structures (a) On - premise signs (Class 11) of the CEQA; therefore, no further environmental review is necessary; and WHEREAS, the City of Palm Desert believes that the recommendations allowing for a trial program will strike a good balance between the merchants and the City, while preserving the upscale shopping experience along El Paseo; and ORDINANCE NO. 1311 WHEREAS, City staff shall immediately take steps to study the potential impacts during the temporary trial program on the public health, safety and welfare, and of possible amendments to the Palm Desert Municipal Code. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Adoption of Recitals. The City Council of the City of Palm Desert hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are necessary and appropriate to protect the health, safety and welfare of the residents and businesses of Palm Desert. SECTION 2. Temporary Amendment to the Palm Desert Municipal Code. Section 25.56.040 Exempt Signs is amended as follows: An amendment to Section 25.56.040 N. "Open" is proposed to correlate with the modifications to Section 25.56.080 G. "Pedestrian -oriented signs." Below is the current language with the modifications in bold font. "Open" signs, not within the El Paseo Overlay District per Section 25.56.080 G. "Pedestrian -oriented signs" are allowed, subject to the following: Mounted on the inside of a window or on a pedestal near the main entrance, if a window sign is not used. Maximum sign area shall be three (3) square feet. Signs may be double -sided. Pedestal signs shall be located on private property and shall not interfere with pedestrian movement. Signs shall not flash, move, blink, rotate, or appear to do any of the foregoing. SECTION 3. Temporary Amendment to the Palm Desert Municipal Code. Section 25.56.050 Prohibited Signs is amended as follows: An amendment to Section 25.56.050 A. "Advertising devices" is proposed to also correlate with modifications to Section 25-56.080 G. "Pedestrian -oriented signs" in regards to the use of balloons as advertising devices. Below is the current language with the modifications in bold font. The following signs, displays, and devices, as defined in Chapter 25.99 are prohibited in the City: A. Advertising devices, unless otherwise specified in another section within Chapter 25.56 Signs. SECTION 4. Temporary Amendment to the Palm Desert Municipal Code. Section 25.56.080 G Pedestrian -Oriented Signs is amended as follows: Below is the current code for Section 25.56.080 G. "Pedestrian -oriented signs," with the proposed added language shown in bold font. 1. Businesses in the commercial and industrial districts, excluding businesses within the El Paseo Overlay District, may place a pedestrian -oriented A -frame or pedestal mounted "open" sign in front of a business, subject to the following standards: GACityClrMGloria Sanchez\ORDINANCES\Ord No. 1311 - ZOA 16-265 -Balloons-Signs.doc ORDINANCE NO. 1311 a. Maximum sign area shall be three (3) square feet for pedestal signs on each side, and five (5) feet for A -frame signs on each side; b. Maximum sign height shall be 54 inches; c. Signs shall be placed on private property in a location that does not impede pedestrian traffic flow; d. Signs shall be designed and located so as to not distract from the appearance of the building or violate the intent of this chapter; e. Signs shall not include extraneous verbiage advertising the business, specials, or sales events; and f. Signs shall be removed when the business is not open for business. 2. For businesses within the El Paseo Overlay District between Portola Avenue and Highway 74, the following standards apply: a. Pedestal signs are allowed year-round during the business's operating hours; b. A -Frame signs are not permitted; c. Businesses with less than 24 lineal feet of building frontage are allowed one (1) pedestal sign up to a maximum of three (3) square feet and a maximum sign height of 54 inches; d. Businesses in excess of 25 lineal feet of building frontage are allowed one (1) pedestal sign up to a maximum of 22" w x 14" h or 22" w x 28" h, and a maximum sign height of 54 inches; e. Signs may include the word "open" advertising the business with artwork such as a model, product, and logo, business name, and promotional text; f. Signs shall not include the word "sale" or "sales"; g. Except as provided for under 2.K below, no decorative elements are allowed on the pedestal frame; h. Signs shall be placed on private property in a location that does not impede the sidewalk and pedestrian traffic flow; i. City approval of the sign is required by the Department of Community Development/Planning. A City approval identity sticker will be issued and must be placed on the sign; j. Signs shall be professionally designed, fabricated, and well -maintained at all times; and G Tlanningd(eHn Swartz WordXC.ty Ord,rances'Pedestai Sgr•s El Paseo,CC Ord Baaoons Sgrvs doc ORDINANCE NO. 1311 k. Helium balloons are allowed subject to the following standards: a) The business must obtain approval of a Temporary Use Permit (TUP) from the Department of Community Development/Planning; b) Each business is allowed up to 40 days per calendar year, and no extensions will be granted; c) The dates must be identified on the TUP application; d) No more than three (3) helium balloons are allowed; e) Each helium balloon must be a solid color with no wording and shall not exceed 18" in size; f) Each helium balloon must be attached to the pedestal sign and floating to a maximum of four (4) feet above the sign at all times; g) Each helium balloon must not impede into the sidewalk or blow into pedestrians; h) The business must agree not to release the balloons into the air; and i) If the City receives complaints about the balloons from more than two independent sources, then the Director of Community Development may revoke the TUP. SECTION 5. Temporary Amendment to the Palm Desert Municipal Code. Section 25.34.080 Temporary Uses is amended as follows: An amendment to this section is proposed to add the use of balloons subject to a TUP to correlate with Section 25.56.080 G. "Pedestrian -oriented signs." Below is the current language with the modifications in bold font. C. Allowed temporary uses. The temporary uses listed below are permitted with approval of a temporary use permit in compliance with the provisions and limitations listed herein. 8. Helium Balloons — The use of helium balloons is allowed for businesses along El Paseo within the El Paseo Overlay District per Section 25.56.080 G. "Pedestrian - oriented signs. " SECTION 6. Severability. If any provision of this temporary ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. G Plarningxe�n Swartz'Word City Ord:nances Pedestal Signs El Paseo'CC Ora Balloons Signs doc ORDINANCE NO. 1311 SECTION 6. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 10thday of November2016, by the following vote, to wit: AYES: HARNIR, JONATHAN, TANNER, WEBER, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RA ELL D. KLAS N, 6VY CLERK CITY OF PALM DESERT, CALIFORNIA G Piann,ng,KeHn Swartz WCrd-Cq Ord,nancesPedes!al S,gns El Paseo:CC Ord Balloons S•gns doc