HomeMy WebLinkAboutAppeal VAR 08-304 University Village Center Signs * Continued the matter to the meeting of February 12, 2009,
with staff to work with Signage Subcommittee on related Reso3u�ion No. 08-108
amendments to the zoning Ordinance in the interim.
CITY OF PALM DESE T���I G �.� . ��
DEPARTMENT OF COMMUNITY D V �IBD��U _ � `l� ��C '� �
STAFF REPORT � �'�����r� �'�������
REQUEST: Appeal of the Planning Commission action denying a request for a
variance for an exception to Palm Desert Municipal Code Section
25.68, Signs, to permit a third monument sign in the University Village
Center, which currently has the maximum number of monument signs
the code allows, for Carl's Jr. located at 36-879 Cook Street.
SUBMITTED BY: Kevin Swartz
Assistant Planner
APPLICANT: National Sign and Marketing
Edward C. Blend
13580 5t" Street
Chino, CA 91710
The Evans Company
36-891 Cook Street
Palm Desert, CA 92211
CASE NO: VAR 08-304
DATE: December 11, 2008
CONTENTS: Exhibits
Planning Commission Minutes
Architectural Review Commission Minutes
Recommendation:
That by minute motion the City Council reaffirm the action of the Planning
Commission denying a variance requested by Carl's Jr. for a third monument sign
located in the University Village. The project currently has the maximum number
of monument signs allowed by Palm Desert Municipal Code Section 25.68,
Signs.
Executive Summary:
Approval of the staff recommendation would deny the applicant's request for a
third monument sign in the University Village. Denial of the staff
Staff Report
VAR 08-304
December 11, 2008
Page 2 of 5
recommendation would allow a third monument sign for Carl's Jr. in the
University Village, which currently has the maximum number of monument signs
allowed by Palm Desert Municipal Code Section 25.68, Signs.
Discussion:
I. BACKGROUND:
A. Property Description:
The properry is located on the southwest corner of Cook Street and
Gerald Ford Drive in the University Village Center. Carl's Jr. has frontage
along Gerald Ford Drive, but is requesting that the proposed monument
sign be located along Cook Street.
B. Section 25.68.310 Freestanding Signs:
Municipal Code Section 25.68.310-Freestanding signs- A building,
commercial complex, shopping center or other commercial or industrial
development housing more than one tenant and having frontage on a
public street shall be entitled to one freestanding sign on each street
frontage to identify the building, commercial / industrial complex, or
shopping center.
C. Municipal Code Section 25.78.010-A (Variance)
Variances from the terms of the zoning ordinance shall be granted only
due to special circumstances applicable to the property including when the
size, shape, topography, location or surroundings, or the strict application
of the title, deprives such property of privileges enjoyed by other property
in the vicinity and under identical zoning classification. Any variance or
adjustment granted shall be subject to such conditions as will assure that
the adjustment thereby authorized shall not constitute a grant of special
privileges inconsistent with the limitations upon other properties in the
vicinity and district in which the property is situated.
D. Architectural Review Commission:
At its meeting of August 26, 2008 the ARC reviewed the project. The
Commission denied the request for a variance for a monument sign. The
Commission had a discussion regarding the temporary for lease signs on
site, and recommended approval for converting one for lease sign into a
G:�Plunning\Kevin Swartz\Word\VAR OH-304 Carls Jr�cadsjr uppeal to ce.doc
Staff Report
VAR 08-304
December 11, 2008
Page 3 of 5
temporary sign for Carl's Jr. for a period of one year. The motion carried
6-0-1-0, with Commissioner Vuksic abstaining.
E. Planning Commission:
At its meeting of October 7, 2008 the Planning Commission had a brief
discussion regarding a third monument sign for the University Village. The
Planning Commission agreed that the monument sign would create clutter
along Cook Street, and would set a precedent for new and existing
commercial centers. The Planning Commission also agreed with the
Architectural Review Commission, in converting one for lease sign into a
temporary sign for a period of one year. The Commission denied the
request for a variance, the motion carried 4-0, with Commissioner Limont
absent.
II. PROJECT DESCRIPTION:
The applicant is requesting approval of a variance to Section 25.68, Signs, to
allow a third monument sign for Carl's Jr. The restaurant is located in the
University Village, which currently has the maximum amount of monument signs
the code allows. The University Village is allowed two monument signs per
Section 25.68.310 of the Palm Desert Municipal Code. When the owner of the
University Village submitted for signage, the owner didn't want multi-tenant signs,
and instead wanted project identification signs. Currently there are two existing
monument signs which state University Village for identification.
Carl's Jr. is located within the University Village, fronting along Gerald Ford
Drive. The applicant is proposing to erect the monument sign along Cook Street
located in the desert landscape area. The proposed monument sign would be
located six feet from the face of curb from Cook Street, outside of the public right
of way. The monument face will read "Carl's Jr." in red cursive writing along with
their logo, which is a smiling yellow star. The monument sign is five feet in height
and six feet in length. The proposed sign would be constructed of block to match
the center, with a stucco cap and base painted to match the center. There would
be an external ground lamp located two feet from the monument face to provide
up-lighting for the sign.
111. ANALYSIS:
The applicant is appealing the Planning Commission action denying a variance for
an exception to Palm Desert Municipal Code Section 25.68, Signs, to permit a third
monument sign in the University Village, which currently has the maximum number
Q:�Planning\Kevin Swartz\Word\VAR OS-3(M Carls Jrk;arls jr appeal tu ccAoc
Staff Report
VAR 08-304
December 11, 2008
Page 4 of 5
of monument signs the code allows, for Carl's Jr. The owner of the University
Village chose not to have multi tenant signs, and instead opted for signs which
identified the center. The owner has expressed to staff they will not remove the
identification monument signs for a multi tenant monument sign. The Planning
Commission found that the proposed signage will create clutter along Cook
Street, and since other businesses in the area comply with the City's sign
ordinance, approving the proposed variance would set a precedent for all
businesses. The following findings responding to Palm Desert Municipal Code
Chapter 25.78.010 explain the rationale for denying the variance:
A. Findings For Denial:
A. That the strict or literal interpretation and enforcement of the
specified regulation would result in practical difficulty or
unnecessary physical hardship inconsistent with the objectives of
the ordinance codified in this title.
Due to the proper(y fronting on Gerald Ford Drive and the generous
size of the property there is no difficu/ty or physica/hardship re/ated
to the property in question. No other businesses in the University
Vil/age have a monument sign,
B. That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved, or to the intended
use of the property, that do not apply generally to other properties
in the same zone.
The property is not of a highly irregular shape, and there are no
extraordinary circumstances or conditions applicab/e to this
property. Each property within the same zone is allowed a
monument sign per frontage, the owner of the property chose
identification monument signs for the center, and not mu/ti-tenant
signs.
C. That strict or literal interpretations and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same vicinity and zone.
No other variances have been approved for signage in the vicinity.
The applicant is not deprived of any privileges that others enjoy in
the same area.
G:�Planning�Kevin Swartz\Word\VAR OS-304 Cads Jr\carlsjr appeal to cc.doc
Staff Report
VAR 08-304
December 11, 2008
Page 5 of 5
D. That the granting of the variance or adjustment will not be
detrimental to public health, safety or welfare, or materially injurious
to the properties or improvements in the vicinity.
The proposed sign would not be detrimental to public hea/th, safety
or welfare, or materially injurious to the properties in the vicinity.
IV. CONCLUSION:
In conclusion, since Carl's Jr. is easily visible from Gerald Ford Drive and coming
off the freeway going south along Cook Street, staff believes that the existing
signs for Carl's Jr. are sufficient in size for identification of the business and the
proposed monument sign would clutter the center. It would also set precedents
for off site signage and number of monument signs that, when applied to similar
businesses, would degrade the aesthetic quality of the city.
Submitted By: Department Head:
r
U`
Kevin Swartz Lauri Aylaian
Assistant Planner Director, Community Development
Approval:
� Homer Croy
ACM for Development Services
Carlos L. ga
City Manager
G:�Plunning\Kevin Swartz\Word\VAR OR-3lM Cads Jrkarlajr nppeal to ce.doc
CITY COUNCIL RESOLUTION NO.o8-los
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DENYING A VARIANCE FOR AN EXCEPTION
TO PALM DESERT MUNICIPAL CODE SECTION 25.68, SIGNS, TO
PERMIT A THIRD MONUMENT SIGN IN THE UNIVERSITY VILLAGE
CENTER, FOR CARL'S JR. LOCATED AT 36-879 COOK STREET.
CASE NO. VAR OS-304
WHEREAS, the City Council of the City of Palm Desert, California, did on the 11t" day of
December, 2008, hold a duly noticed public hearing to consider the request by Carl's Jr., for the
above noted variance; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find the
following facts and reasons to exist to justify denial of said request:
A. That the strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of the ordinance codified in this title.
Due to the properly fronting on Gerald Ford Drive and the generous size of the
property there is no difficulty or physical hardship related to the properly in
question. No other businesses in the University Village have a monument sign.
B. There are exceptional or extraordinary circumstances or conditions applicable
to the properiy involved or to the intended use of the property that do not apply
generally to other properties in the same zone.
The property is not of a highly irregu/ar shape, and there are no extraordinary
circumstances or conditions applicable to fhis property. Each property within
the same zone is allowed a monument sign per frontage, the owner of the
property chose identification monument signs for the center, and not multi-
tenant signs.
C. That strict or literal interpretations and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same vicinity and zone.
No other variances have been approved for signage in the vicinity. The
applicant is not deprived of any privileges that others enjoy in the same area.
CITY COUNCIL RESOLUTION NO. 08-108
D. That the granting of the variance or adjustment will not be detrimental to public
health, safety or welfare, or materially injurious to the properties or
improvements in the vicinity.
The proposed sign would not be detrimental to public health, safety or welfare,
or materially injurious to the properties or improvements in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
Commission in this case.
2. That Variance 08-304 is hereby denied.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on the 11th day of December, 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
2
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August 21, 2008 ;�h�'�';'�'' � � _ .
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City of Palm Desert
Architectural Review Committee
RE: Carl's Jr. Monument Sign
36-879 Cook Street
Palm Desert, CA 92260
Dear Chairman, Ronald Gregory and Members:
This letter is to express our full support of the project you have before you for a monument sign for Carl's
Jr. Restaurant located at the above address. We have worked closely together with Carl's Jr. on the
design and placement of this sign and believe that the plan submitted follows the intent of the signage
criteria that the City has adopted for the University Village development.
As the developer of the project, we have reviewed these plans and found them to be ideal for the specific
conditions related to this tenant. We offer this recommendation based upon the fact that successful
business is often determined by appropriate signage.
Approval is hereby granted for the proposed signage project, subject to the following regulations:
1. All local city codes, laws, and ordinances must be complied with.
2. Tenant will be required to keep the signage in good condition and is solely responsible for
maintenance of such.
Thank you for you attention and consideration of this matter. Should you have any questions or
comments please feel free to contact me.
Respectfully,
TH VA COMPANY
Fred vans
Partn r
36-891 Cook Street,Suite 6 Palm Desert,California 92260
V(760)773-9832 f(760)773-9903
www.theevanscompany.co m
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•��d�V d����s���p���r CL#442769
July 15, 2008
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Planning Department
RE: Carl's Jr.,36879 Cook Street-Monument Sign
To Whom It May Concern:
During the development of the above referenced project,we worked with the landlord and the city regarding
the installation of a monument sign on Cook Street. In order to ensure the success of this project it is critical
that a permit is granted for this sign.
As you are aware,the development of this area has slowed greatly, and traffic to the project is limited at
best.This site,which fronts on Gerald Ford is hidden to its potential clients. Due to the unique
characteristics of the project,findings should be made to grant our requested sign on Cook Street.
These findings can be made on the following basis:
a. This site is in a hidden area of the shopping center that offers poor visibility from Cook
Street,yet the project has a Cook Street address.
b. Area competitors not oniy have street oriented signage, but also enjoy high visibility and
easy public access.
c. We have attained both the support and signed approval of the developer of the shopping
center to add a monument sign due to the unusual characteristics of this center.
d. Carl's Jr. Restaurant is the only Drive Thru business in the center,creating the special
need to inform the motoring public as to its location and availability for patronage.
e. A monument sign will help create awareness that Carl's Jr. is available as a dining option
to the motoring public.
i. Without conveying this information,this site will lack the client base that it needs
to be successful and be a disservice to the development,the city, and of course
the business itself.
Furthermore,the permitting of this monument sign will not infringe on the rights of other businesses, nor
shall it create cause of other business to be allowed any additional signage without specific site meriting
conditions.
In closing,the proposed signage is designed to meet city code requirements that allow other similar
business to have monument signage at their sites. Our site is specifically disadvantaged due to the unique
characteristics of The Village at University Park, and our proposal helps to remedy these disadvantages and
allow us to be a viable competitive business in this prominent location in the community.
Respectfully,
G:Lt/"�L���=-,�
Edward C. Blend
Permit Specialist
(Signage Contractor for CLK, Inc.)
I 3580 Fifth Street • Chino • CA • 91710 • 909.591.4742 • Fax 909.591.5356 P.O.Box 2409 • Chino • CA • 91708-2409
Swartz, Kevin
From: Ed Biend [eblendC�nsmc.com]
Sent: Monday, November 03, 2008 10:49 AM
To: Swartz, Kevin
Cc: Steve Rosenbloom; Robert Roney
Subject: RE: Carls Jr
Importance: High
Morning Kevin,
This is an official request to have our appeal for VAR 08-304 heard on December 11, 2008
instead of November 20, 2008. This request is being made because not all of the
persons/parties involved will be able to attend the November meeting.
Thanks for you patience and cooperation, Ed
Edward C. Blend 7r.
Permit Specialist
National Sign & Marketing Corp.
13580 5th St.
Chino, CA 91710
909-287-7373 Direct
909-287-7379 Fax
760-912-5224 Cell
eblend nsmc.com
-----Original Message-----
From: kswartz@ci.palm-desert.ca.us [mailto:kswartz@ci.palm-desert.ca.us]
Sent: Monday, November 03, 2008 10:38 AM
To: Ed Blend
Subject: Carls 7r
No virus found in this incoming message.
Checked by AVG - httq://www.av .� com
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11/3/2008 7:46 AM
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CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.VAR 08-304
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
City Council to consider an appeal of the Planning Commission action denying a request
for a variance for an exception to Palm Desert Municipal Code Section 25.68, Signs, to
permit a third monument sign in the University Village Center, which currently has the
maximum number of monument signs the code allows request by Carl's Jr.
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SAID public hearing wili be held on Thursday, December 11, 2008, at 4:00 p.m. in the
Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm
Desert, California, at which time and place all interested persons are invited to attend and
be heard. Written comments concerning all items covered by this public hearing notice
shall be accepted up to the date of the hearing. Information concerning the proposed
project and/or negative declaration is available for review in the Department of
Community Development at the above address between the hours of 8:00 a.m. and 5:00
p.m. Monday through Friday. If you challenge the proposed actions in court, you may be
limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the Planning
Commission (or city council)at, or prior to,the public hearing.
PUBLISH: Desert Sun RACHELLE KLASSEN, Ciry Clerk
December 1, 2008 Palm Desert City Council
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73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2575
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info@palm-desert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: October 8, 2008
National Sign and Marketing The Evans Company
Edward C. Blend 36-891 Cook Street
13580 5th Street Palm Desert, California 9221 1
Chino, California 91710
Re: VAR 08-304
36-879 COOK STREET
The Planning Commission of the City of Palm Desert has considered your request and
taken the following action at its regular meeting of October 7, 2008:
THE PLANNING COMMISSION DENIED CASE NO. VAR 08-304 BY
ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2487.
MOTION CARRIED 4-0 (COMMISSIONER LIMONT WAS ABSENT).
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
�
Tony Bagato, Ac ing Secretary
Palm Desert Planning Commission
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cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
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MINUTES
SERT PLANNING COMMISSION OCTOB R � �
VI. ORAL COMMUNICATIONS
None.
Reports and documents re/ating to each of the following items listed on the
agenda are on file in the Department of Community Deve/opment and are
avai/ab/e 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, (760) 346-
0611.
VI1. CONSENT CALENDAR
A. Case No. PMW 08-303 — DONALD AND KATHRYN BLACK AND
STONE EAGLE DEVELOPMENT, LLC, Applicants
Request for approval of a parcel map waiver to adjust the
rear lot line of Lot 1 north to allow use of area not usable by
Lot 27 at 72-428 Southridge Trail (APNs 652-070-020 and
652-350-027).
B. Case No. PMW 08-311 — GREGORY OTTO OLTA, Applicant
Request for approval of a parcel map waiver to merge two
existing parcels into one at 44-277 Portola Avenue (also
known as APNs 627-131-041 and 627-131-043).
Action:
It was moved by Commissioner S. Campbell, seconded by Commissioner
R. Campbell, approving the Consent Calendar by minute motion. Motion
carried 4-0 (Commissioner Limont absent).
VIII. PUBLIC HEARINGS
Anyone who challenges any hearing matter in court may be limited to
raising only those issues he, she or someone else raised at the public
hearing described herein, or in written correspondence delivered to the
Planning Commission at, or prior to, the public hearing.
� A. Case No. VAR 08-304 — NATIONAL SIGN AND MARKETING
AND THE EVANS COMPANY, Applicants
Request for approval of a variance for an exception to Palm
Desert Municipal Code Section 25.68, Signs, to permit a
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third monument sign for Carl's Jr. located in the University
Village Center which currently has the maximum number of
monument signs the code allows located at 36-879 Cook
Street.
Mr. Swartz reviewed the staff report. He showed the Commission pictures
of the area, as well as the proposed signage. Staff was opposed to the
request and recommended denial of the sign exception request.
Commissioner S. Campbell asked if all of University Park had a Cook
Street address, even though Carl's Jr. is on Gerald Ford. Mr. Swartz
stated that was correct, they all have a Cook Street address. Reviewing
the different pictures of the site, Commissioner S. Campbell pointed out
that they have quite a bit of signage. Mr. Swartz concurred.
Commissioner Schmidt asked if other tenants in the complex have applied
for additional signage. Mr. Swartz said no. He stated that the owner
expressed that this would be the only tenant that they would approve to go
forward with a monument sign, but staff didn't want to set a precedent with
it.
Commissioner R. Campbell asked if staff had any feelings regarding the
Architectural Review Commission's (ARC) suggestion of taking down the
"For Lease" sign and putting up a temporary sign. Mr. Swartz said ARC
came up with the idea that maybe they could convert one of the For Lease
signs along Cook Street into a temporary Carl's Jr. sign. Staff had not
analyzed that since the application was for a monument sign. If the
applicant was to come forward with that request, staff would look into it.
Chairperson Tanner asked for and received clarification on the location of
the temporary sign that ARC suggested. Mr. Swartz also explained that
staff approves temporary signs for a one-year basis. There are about five
of them on Cook Street and five of them on Gerald Ford. ARC's
suggestion was to replace one of the For Lease signs with a temporary
Carl's Jr. sign. Mr. Swartz reiterated that staff reviews these signs every
year.
Commissioner S. Campbell asked if that application would come before
the Planning Commission again because the current application wasn't for
a temporary sign. Mr. Bagato explained that temporary signs are approved
at a staff level, so it would not come before the Planning Commission.
ARC's suggestion was to just replace one of the current signs in lieu of a
monument sign while the economy is down and some more build out
occurs in the area. With the apartments and the hotel approved in the
area, hopefully there would be more activity out there in another year. But
the temporary sign was something staff would approve over the counter.
3
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He indicated that staff supported the idea at ARC, but the applicant still
wanted to go forward with the variance request. ARC's alternative was to
deny the monument sign and allow a temporary sign, and staff concurred.
Commissioner S. Campbell asked how many temporary signs would be
allowed, if it would be just one, either on Gerald Ford or Cook Street. Mr.
Bagato said that was correct. They would allow one on Cook Street. He
said they were for one year, but were reviewed on a year to year basis.
Mr. Swartz pointed out the location which he thought would be the logical
sign to convert. Commissioner R. Campbell asked if it was close to the
driveway location and near the monument sign for Cook Street. Mr.
Swartz said yes, and pointed out the location.
Chairperson Tanner o ened the public hearing and asked the applicant to
address the Commission.
MR. STEVE ROSENBLUM with National Sign and Marketing
Corporation, 13580 5th Street in Chino, California, as well as Kelly
Karcher with CLK Inc. at 74-478 Highway 111, No. 187, in Palm
Desert, addressed the Commission. Mr. Rosenblum said they tried
to work with staff, as well as the property owner. The way the
project is situated, unfortunately there has been an incredible down
turn in the economy. Right now what they were looking to do was
create information that there is a dining option here at this shopping
center that is available to the motoring public. Unfortunately, if
you're headed in either direction, either north or south bound on
Cook Street, unless you are fairly familiar with the area, it's pretty
hard to know that it's there. You can drive south on Cook Street
and if you don't happen to glance to the right, if you are going
through the traffic signal, you're never going to see the Carl's Jr.
project. If you are headed northbound, you're definitely not going to
see it.
What they were looking to do is create awareness. They have the
landlord's support. This is the major tenant for the center. Staff did
create a couple of suggestions to do this, possibly a multi-tenant
sign, and things of that nature. But because this is a major tenant
for the center and for the simple fact that the landlord didn't want to
open that slippery slope to a whole bunch of different monument
options, they thought a tastefully designed monument that
complemented the center, matched their signage, met code, was
small in nature, and kind of subtle to blend in with the landscaped
area, it would be an ideal way to promote business, as well as keep
in mind what the City would like to have. Something that was not
going to create a slippery slope. He said it's the only drive-thru
4
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oriented business in the center. The way that Carl's Jr. operates,
and several fast food establishments, about 75%-80% of their
business goes through that drive-thru. What they could do in
approving this project is stipulate that this is being approved
because it is a drive-thru oriented business and therefore they
aren't creating that slippery slope that anyone can have it. They
could stipulate that it has to have a Cook Street address. Again,
this is a unique situation. This is a business that fronts on Gerald
Ford and has a Cook Street address. Without that visibility he
thought they were doing a disservice to the motoring public. As
much as signs aren't always the favorite thing, if you are driving
around and are looking around for somewhere to eat or maybe gas,
it's pretty important to find what you are looking for. So they tried to
design something that was simple, met the needs of the
community, and at the same point in time met the needs of the
business. He asked for any questions and hoped they could move
this forward.
Commissioner S. Campbell said that she was driving around that area
earlier, around 1:00 p.m., which was lunch time. Starbuck's was empty.
Jack in the Box was empty. Where Carl's Jr. is, that whole area is still
empty; there is nobody there. She is in retail and business has been bad.
She could ask for more signage for her business, but that wasn't going to
be granted. That's the way the economy is right now, and she was
wondering if there was a freeway sign out there right now before Cook or
anything like that.
Mr. Rosenblum said unfortunately there wasn't. They would love to
have freeway signage; that would be wonderful.
Commissioner S. Campbell noted that once the businesses come, they
wil� be busy, but right now it is empty there. It's brand new and might be
empty for a while until people learn about them. All the other places were
empty, too, so it wasn't just his business.
Chairperson Tanner asked if they had considered the temporary signage
as an alternative to the monument sign and if it was something they would
be agreeable to.
Mr. Rosenblum said they considered it. Temporary signs would be
a huge positive compared to where they were right now, but the
downside to temporary signage for his client is they are throwing
good money in on something that is eventually going to be thrown
away because it is considered a temporary sign. And even if it
continually got approved, a temporary does wear out and does look
5
MINUTES
PALM DESERT P ANNING COMMI�SION OCTOBEQ � �
bad after a certain amount of time. The design they are looking at is
something that is simple and would look good for a long time. One
of the things with a temporary sign that is also a concern is
vandalism and things of that nature. It tends to attract problems
versus a permanent sign which is much longer lasting, is a simple
block design and performs the same function, but just looks nicer.
Chairperson Tanner asked if anyone wished to speak in FAVOR of the
project. There was no response. Chairperson Tanner asked if anyone
wished to speak in OPPOSITION to the proposed signage. There was no
response. Chairperson Tanner closed the public hearing and asked for
Commission comments. .
Commissioner Schmidt was concerned that the restaurant wasn't near
where the sign would be. It's way on the other side of the center. It also
seemed to her that it would create sort of a dangerous precedent in that
the ordinance is pretty clear. She knew business was bad, but there were
other marketing things to do other than putting up a sign. She didn't like
the precedent it would establish and she was less keen on a temporary
sign because that would simply encourage others in the center unless it
was worked through the ownership to have a directory sign. She didn't
think it was a good idea for them to do it.
Commissioner S. Campbell concurred. They have adequate signage that
is allowed by ordinance right now. This business is new, the whole area is
new. With what they were shown, she would not allow a third monument
sign. It was hard to tell from the pictures what a temporary sign would be,
but again, if they put a temporary sign there now, there's a sandwich shop
and a coffee shop that would probably want a temporary sign also. It's a
new area and it takes time to develop. She has been in her business for
21 years. It takes a long time and she was sure when people learned
about the business, they would know where to go.
Commissioner R. Campbell basically concurred with the other
Commissioners, except he would be willing to promote the temporary sign
because he had not yet seen any damage. He was out in that area and he
knew there was an additional cost. That cost might bring in enough
customers to offset that cost. But he would not vote to approve a new third
monument sign.
Chairperson Tanner wanted to promote business in Palm Desert, but also
wanted to make sure that the Planning Commission does what they're
supposed to do and that is to make sure they follow the ordinance and
variances weren't something they were very keen on granting. Regarding
the comment on vandalism, the University Park has been there a long
6
MINUTES
PALM DESERT PLANNING COMMISSION OCT�B Q �
time and they do have temporary signs and he hasn't seen any vandalism
to those signs, at least at this point. Again, he wanted to promote business
in the city of Palm Desert because that is what really runs us. He would
not be opposed to putting up a temporary sign on Cook Street, and Cook
Street alone, with the understanding that it is a temporary sign. Once that
center is active, it is going to be something that probably won't need
advertising other than what is on the building. They might also end up with
signs on the interstate if it becomes available. He would be in favor of not
a monument sign, but a temporary sign in a fashion designed at least for
one year. He asked for a motion.
Mr. Swartz explained that the request tonight was for a variance for the
sign, so it would be a resolution denying the variance, but direct staff to
work with them on a temporary sign; it wouldn't be a resolution for the
temporary sign. Chairperson Tanner reiterated that it would just be
working with the applicant for a temporary sign.
Commissioner Campbell asked if that sign would be lit at night. Mr. Bagato
thought there would be some sort of landscape lighting to help light it at
night. Commissioner Campbell said it wouldn't just be a wooden sign, it
would be nicely done. Mr. Bagato said that was correct. The ones out
there are fairly nice and would match those. Commissioner Campbell said
it wouldn't be cost prohibitive; Mr. Bagato said no.
Chairperson Tanner asked if they denied the variance, but conditioned it
with a one-year temporary sign, if that would have to come back to
Planning Commission or if they would just direct staff to work with the
applicant. Mr. Bagato noted they couldn't place conditions on a denial.
The variance was for a monument sign and they could deny that, and then
they could direct staff to work with them on a temporary sign. The
temporary signs out there were already approved under Phil Drell with a
temporary use permit that is reviewed on a one year basis. At this time
there haven't been any issues with them, so they have been renewing
them. They were just going to replace one of the For Lease signs with a
Carl's Jr. sign under the temporary use that is already there.
Commissioner Schmidt asked how many tenants were in the complex
now; about 20? Mr. Bagato wasn't sure about the retail component, but
the office component in the back would probably put it around 20 or more.
On the front part he didn't think there were more than 10. But they had
specifically said it could only be for Carl's Jr. Commissioner Schmidt said
they couldn't do that; they couldn't deny someone else the same
opportunity, and that was her concern. Once they allow any kind of
signage, they open the door for the other tenants to seek the same. Mr.
Bagato said that if it became a problem, they could revoke the TUP and
7
MINUTES
��� 11A 11CCCQT DI eN��Nc; [`AMMISSIAN OCTOBER 7. 20�0
they wouldn't get any signage. Those signs were out there just by staff
approval. Commissioner Schmidt noted that it wouldn't be a new sign; it
would replace an existing commercial For Lease sign. Mr. Bagato said
that was correct.
Action:
It was moved by Commissioner Campbell, seconded by Commissioner
Schmidt, approving the findings as presented by staff. Motion carried 4-0
(Commissioner Limont was absent).
It was moved by Commissioner Campbell, seconded by Commissioner
Schmidt, adopting Planning Commission Resolution No. 2487, denying
Case No. VAR 08-304. Motion carried 4-0 (Commissioner Limont was
absent).
Commissioner Campbell said she would recommend that staff work with
the applicant on a temporary sign for a one-year period. Chairperson
Tanner noted that they didn't need to vote on that. Mr. Bagato concurred.
Chairperson Tanner hoped that would work for the applicant and wished
them the best of luck at that site.
B. Case No. PP/CUP 08-241 — RON HENDERSON / MICHAEL
JOHNSTON, Applicants
Request for approval of a Precise Plan of Design and
Conditional Use Permit to convert an existing single family
home to an office building for Farmer's Insurance located at
74-426 Alessandro Drive.
Mr. Kevin Swartz reviewed the staff report. The recommended action was
to adopt the draft resolution approving Case No. PP/CUP 08-241, subject
to the conditions. He noted that there was a typo in the conditions of
approval. On page 6 under Department of Public Works, Condition No. 8
referred to Chapter 26 of the Palm Desert Municipal Code; it should read
Chapter 27. He asked for any questions.
Commissioner R. Campbell said he visited the site and went to the back
parking and thought that is awfully tight and asked for clarification on how
many parking stalls would be there. Mr. Swartz said it was 8 parking stalls.
Commissioner R. Campbell noted that if someone drove in there, they
wouldn't be able to turn around; they would have to back out onto a street,
which could be dangerous. Mr. Swartz clarified. that they would be
8
(" ' �
. CITY OF � �l � �l DESERI
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-25�5
TEL: 760 346—o6tt
Fnx: 76o 34i-7og8
i nfo e�palm-deserc.org
August 28, 2008
ARCHITECTURAL REVIEW COMMISSION ACTION
CASE NOS: VAR 08-304
APPLICANT (AND ADDRESSI: NATIONAL SIGN � MARKETING
CORPORATION, 13580 5 Street, Chino, CA 91710
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of a monument
sign for: Carl's Jr.
LOCATION: 36-879 Cook Street
ZONE: PCD FCOZ
Upon reviewing the plans and presentations submitted by staff and by the
applicant, the Architectural Review Commission recommended denial of the
Variance request for an additional monument sign. The Commission approved a
temporary sign for a period of one year, for which design and any extensions of
time will be reviewed by staff and the temporary sign will replace one of the "For
Lease" signs on site.
Date of Action: August 26, 2008
Vote: Motion carried 6-0-1-0, with Commissioner Vuksic abstaining
(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.
CONTINUED CASES: In order to be placed on the next meeting's agenda,
new or revised plans must be submitted no later than 9:00 a.m. the
Monday eight days prior to the next meeting.
n
.y)rr,nto o�uanio rur�
- , (
ARCHITECTURAL RE�iEW COMMISSION
� MINUTES August 26, 2008
5. CASE NOS: VAR OS-304
APPLICANT (AND ADDRESS): NATIONAL SIGN & MARKETING
CORPORATION, 13580 5 Street, Chino, CA 91710
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of
a monument sign for: Carl's Jr.
LOCATION: 36-879 Cook Street
ZONE: PCD FCOZ
Mr. Swartz summarized this project. He stated that this was a
request for a variance for a monument sign on Cook Street and
because of the variance it will have to go to Planning Commission
for approval; it is here today for the architecture. He explained that
the way the code reads is that you get a monument sign for a large
center such as this for frontage. The owner wants a sign at the
corner of University Village for shops and retail and currently they
have one on the entrance off of Cook Street, so any new sign
proposed has to go through a variance. One option could be if the
owner were to remove one of the monument signs then they could
do a multi-tenant sign. Staff feels that due to clustering they didn't
want to set precedence of approving the monument sign and
having another business come back and want the same.
Mr. Steve Rosenblum, National Sign & Marketing Corporation,
understands staff's concerns and felt that they have an option to
work with that by creating a sign that compliments the rest of the
shopping center. It is designed to match the monument signs in the
center. He mentioned that they have a really unique situation for
this site. The site is actually fronting on Gerald Ford; however it
has a Cook Street address. The downside to a site like this is that
they have this great location with no traffic; no one even knows the
restaurant is there. He explained that Carl's Jr. operates with about
75% to 80% of its business in the driveway but if you can't
communicate to the motoring public who travels up and down Cook
Street it doesn't do so well. A monument sign is really needed out
on Cook Street to notify the motoring public that we are there. He
stated that most businesses in the valley that are free-standing
restaurants have monuments signs. This restaurant provides a
service to the public and brings in revenue to the city; and they feel
that this is a fairly important thing. We worked with staff and the
landlord, who is supportive of the project.
G:\PlanningUanine Judy�Word FilesVl Minutes�2008WF080626.min.doc Page 8 of 15
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ARCHITECTURAL R�viEW COMMISSION
• MINUTES August 26, 2008
Mr. Rosenblum explained that they have designed the sign to
match the center's signage down to the exact same brand and style
of ground lighting, the same block materials. He provided photos of
both day and night views showing the traffic both north and
southbound on Cook Street. The code meets all code
requirements and height requirements for a monument sign. It is a
simple sign to create business success in that center. He
mentioned that all the other sites have Cook Street oriented
signage, whereas Carl's Jr., doesn't have anything that you can see
while traveling down Cook Street.
Commissioner DeLuna suggested a multi-tenant sign that had the
Carl's Jr., logo and would be a better option than sticking a big
monument sign over on Gerald Ford. She was concerned with the
next applicant coming in to request the same thing. Mr. Rosenblum
stated that staff can condition that and stated that it must be for a
drive-thru oriented business only.
Mr. Fred Evans, Developer, stated that it is important to understand
that this is relative to the size of the center. This is an anchor for us
and is our largest tenant to date and it is important from a landlord's
point, a city point and staff and residential point that we support
these businesses that are down there on Cook Street and�Gerald
Ford. We should be doing everything that we can to get their
businesses as successful as possible. He stated that they have
worked real hard to come up with a design that works with the
center; it matches the center and works with the current signage. It
is really important that we are working together with Carl's and that
we support the sign and we support the location. We are not going
to re-do our existing signage and add multiple tenant signs on a
sign because it goes against the concept of what the center is. He
stated that they pushed the building against the street so that the
tenants can get signage and that street wouldn't be riddled with
signs. This is something that he thought would support their major
tenant long term and short term. Right now on Cook Street you
have three to four times the traffic as you do on Gerald Ford and he
felt that the public needs to know and that they have a viable eating
option 200 feet off the street.
Gi�PianningWan�neJudyWordFiles'J1Minutes�2008V1R080826.min.doc Page 9 of 15
�
ARCHITECTURAL REVIEW COMMISSION
� MINUTES August 26, 2008
Commissioner DeLuna asked when they purchased that site were
they aware of what the requirements were at that time. Mr. Evans
answered yes. Commissioner DeLuna asked if there was
something that has changed that causes them to come now and
request a variance. Mr. Evans said yes because our economy is in
the tank. He explained that when they built the site, they came out
and projected that there would be "X" number of houses around the
neighborhood and there is none; it has dried up, so we have do
everything we can to support these tenants between now and when
that housing starts back up. Commissioner Hanson asked when
the housing goes back up, can the sign come down. Mr. Evans
answered no. Commissioner Hanson asked why not, because then
that defeats his whole point.
The Commission reviewed the other buildings in the center. They
talked about other restaurants or drive-thrush coming into that
center. Mr. Evans stated that in their CC&Rs there will be no other
drive-thru restaurant in that center because the buildings are
designated as office. He stated that if the houses had gone in their
sales would have been much stronger, however we would probably
still be asking for a variance because the amount of traffic on
Gerald Ford is so much less than that of Cook. Commissioner
DeLuna stated that the real estate market will turn and when the
houses are built then the City has a precedence sitting here that is
no longer an issue because you now have the traffic that you are
concerned with now, but yet the sign stays. Mr. Evans agreed
because the conversation of setting precedent has been a historical
conversation with them. Right now in our current condition we
need to do something. We are competing against a Jack-In-The-
Box on the next block up that has a monument sign on their
building that is so big they can park a car under it. We are asking
for a very small sign that matches the center. He mentioned that
they have designed a sign that is appealing and not large. Mr.
Rosenblum stated that if the City was concerned about setting a
precedent, it's a positive precedent you want to set. Think of all the
monument signs in the city. Commissioner Hanson stated that the
Commission doesn't like monument signs. Mr. Rosenblum stated
that this is simple block to match the rest of the center. Mr. Evans
stated that they were just as sensitive to the Commission's
concerns about monument signs.
G:'�.PlanningWanine Judy\Word Filesb4 Minute5�2008WROB0826.min.dx Page 10 of 15
�.
ARCHITECTURAL REVIEW COMMISSION
• MINUTES August 26, 2008
The Commission reviewed the locations of the proposed sign and
the entrances to the Center and discussed the visibility of Carl's
coming off the freeway and coming down Cook Street.
Commissioner Gregory asked about a multi tenant sign and not
establishing precedent. Ms. Aylaian, Director of Community
Development stated that if the landlord wanted to change the
monument signs to identify three tenants they could do that in a
single monument sign on Cook Street. Mr. Evans wanted to clarify
that the Commission did not want to see a monument sign, but
would rather see a multi-tenant sign verses a single tenant sign.
Commissioner Gregory stated that the problem is with the variance
issues. Ms. Aylaian stated that they would have to remove their
existing monument sign because they can only have one
monument sign on that site. Mr. Evans stated that he would never
get ownership's approval of removing those entrance signs and
making one multi-tenant sign. He stated that considering that
Carl's is one of their majors they thought it was important to request
a variance for a single tenant sign in that location.
Ms. Aylaian said the existing ordinance stipulates exactly where
you get signs and does not have provisions for drive-thru or vehicle
oriented businesses. She stated that what they are trying to do is
guide businesses through this difficult economic time with an eye
towards the future so that we don't make decisions in the short term
that will be bad in the long term for the community. She said that
the rnost valid suggestion that she heard is the suggestion by
Cornmissioner Hanson to put it up for a limited period of time after
which it will be removed when that area is developed. The
Commission discussed the length of time that the sign would stay in
place.
Ms. Aylaian stated that the center currently has a very aggressive
temporary signage program and suggested that they use one of the
several "For Lease" signs on the site. Mr. Evans stated that if that
is part of getting this Carl's sign approved he is more than willing to
do that. Ms. Aylaian stated that what we don't want to do is build
clutter upon clutter and with the temporary signs we are over that
threshold. The Commission discussed the temporary signs and the
length of time that the temporary sign would be there.
GiPtanningWanineJudy\WordFilesWMinutes�2008V1fi080828.min.doc Page 11 of 15
, i i � (
ARCHITECTURAL REVIEW COMMISSION
' MINUTES August 26, 2008
Commissioner Van Vliet stated that he would be opposed to a
temporary sign out there because it just adds clutter. He felt that
their best solution would be to modify their other monument sign on
that side and add Carl's Jr. to it. Mr. Bagato stated that they could
issue a Temporary Use Permit for the temporary sign and review it
after one year. He stated that nothing can be temporary that
requires a building permit; because once they get a building permit
it would be permanent. Ms. Aylaian indicated that the temporary
sign would have to be professionally and nicely done.
Ms. Kelly Karcher, Carl's Jr., mentioned tfiat Carl's Jr., has been
here in the valley for over 30 years. They enjoy being here as a
part of the community and being active in it. She understands that
the City doesn't want a permanent sign on Cook but feels that the
presence of Carl's Jr., is important to the community and local
schools. She stated that if their presence on Cook Street is know,
then that would be increased and they would definitely be there for
everyone.
Mr. Bagato stated that the applicant could decide not to seek a
temporary sign and go on to Planning Commission with ARC
support or denial since this isn't the final step. He asked the
applicant if they wanted to wait and try the temporary first and then
come back later on the variance or move forward on the variance.
Mr. Rosenblum stated that they wanted to move forward. Mr.
Bagato suggested that the Commission make a recommendation
on the application for variance.
ACTION:
It was moved by Commissioner Lambell and seconded by Commissioner
Touschner recommended denial of the Variance request for an additional
monument sign. The Commission approved a temporary sign for a period
of one year, for which design and any extensions of time will be reviewed
by staff and the temporary sign will replace one of the "For Lease" signs
on site. Motion carried 6-0-1-0, with Commissioner Vuksic abstaining.
G:\PlanringUanine Judy�Word Files�A Minutes�2008�.4F080826.min.doc Page 12 of 15
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