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Home My WebLink AboutRes 2010-62 - Temporarly Allow Neon Window Signs CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: THAT THE CITY COUNCIL ALLOW NEON WINDOW SIGNS IN STOREFRONTS ON A TEMPORARY BASIS FROM AUGUST 2010 TO OCTOBER 2Q12, SUBJECT TO THE CRITERIA DESCRIBED IN EXHIBIT A. SUBMITTED BY: Tony Bagato Principai Planner APPILANT: City of Palm Desert DATE: July 27, 2010 ATTACHMENTS: Draft Resolution Exhibit A Recommendation Waive further reading and adopt Resolution Nozolo-62 approving neon window signs on a temporary basis with issuance of a permit until October 2012, subject to the criteria described in Exhibit A, attached. Executive Summary: Neon signs have been prohibited in Palm Desert since 1978; however, as with other Code Compliance matters, enforcement is complaint driven and the prohibition was rarely enforced. Recently staff received a complaint about a business sign on Highway 111. When staff contacted the business manager, she stated that there were many businesses with neon window signs and she felt that she was being treated unfairly. In response to her complaint, Code Enforcement personnel began contacting and informing business owners with neon window signs, that the signs are prohibited and need to be removed by the end of August. The City Council requested that this matter be added to the agenda for discussion. After considering the various options described below, Staff is recommending that the City Council allow neon window signs for a period of two years upon meeting certain requirements as identified in this staff report. This will allow businesses to provide additional advertising during this difficult economic time, while providing regulations to limit potential negative impacts of visual pollution. Staff Report Neon Signs July 27, 2010 Page 2 of 9 Backqround Neon signs have been prohibited since 1978. At that time, Section 25.38-9 Permitted Signs — Purpose stated: "No sign shall be erected or maintained in any zone as established by the Zoning Ordinance except those signs specifically enumerated in this Article. The number and area of signs outlined in this Article are intended to be maximum standards which do not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, consideration shall be given to a sign's relationship to the overall appearance of the subject property, as well as the surrounding community. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval." Neon signs were never listed as an approved sign in the Zoning Ordinance; therefore, they were prohibited based on this section. On September 28, 1989, the City Council approved a Zoning Ordinance Amendment that amended many sections af the Zoning Ordinance, including the signage standards. As part of that amendment, the following wording was added to the Permitted Signs section after the words "surrounding community": "with the goal of being to minimize visual pollution, the use of lighting and excessive contrasting colors. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval." Again, neon signs were never mentioned as a permitted sign type and were considered prohibited because this section states that no sign shall be erected unless it is allowed in the Zoning Ordinance. Although neon signs have never been allowed in the Zoning Ordinance, enforcement of these signs was handled on a complaint basis. Most of the businesses that have these signs had not received complaints. In addition, if these signs were located more than 3 feet behind a window, it was not considered a sign. On October 11, 2007, the City Council formed a Signage Subcommittee to address the needs of the business community for commercial real estate signs, businesses facing the freeway and monument signs for large commercial centers. On December 11 , 2008, staff began working on a comprehensive update to the signage ordinance to address the signage issues raised in 2007. While addressing the issues raised by the business community, staff presented several other signage issues within the City. Neon signs were one of the other sign types discussed. Staff explained to the subcommittee that although neon signs have never been allowed per the Zoning Ordinance, many businesses had them and there had been little to no enforcement of their prohibition. Staff also explained that neon signs could be allowed or could be specifically prohibited. The subcommittee recommended that they be prohibited, except for small "open" neon G:\Planning\Tony Bagato�.Signage Ordinance\Neon Signs\Ciry Council Staff Report.doc Staff Report Neon Signs July 27, 2010 Page 3 of 9 signs. Staff believed that the "open" neon signs should be allowed since many storefronts have tinted or dark window covers to protect the stores from the glare of the desert sun, leading business owners to report that motorists cannot tell if the business is open as they pass by. On August 27, 2009, the City Council approved the new signage ordinance and staff has been working to inform the business community of the new signage standards. In addition, staff received a complaint from a local business owner about a large neon window sign in a competing business storefront. The business owner stated that everyone should have to follow the same rules. Staff agreed and sent a Notice of Violation to the competing business owner. When staff contacted the non-complying business, the manager stated that there were a lot of other businesses with neon window signs, and that she believed that she was being unfairly targeted by the competing business owner. Staff explained to her that everyone is subject to the same signage standards and that the other business owners would be contacted. In June, staff began notifying other business owners with neon window signs. The notice explained to them that the neon window signs are prohibited and that the signs needed to be removed before the end of August. Photos of typical neon signs are below: ,; , ` :� . �:� , , w ��- ,#.� ,� ,� ,�.. , �;� � . , . � . . , s .� � �� t �'. t„wP' ? s; ,��_� - G:�Planning\Tony Bagato�.Signage OrdinanceWeon Signs\City Council Staff Report.doc Staff Report Neon Signs July 27, 2010 Page 4 of 9 �� ;,.. . �,. .. , � � �'�, % F' r�� F R '.,�' ��`' _ . ... .. y�. ��Y i- �,.w�x•. :�^'': .�. ,�.�< . c,�-`��.��,��p*,Yw�'r4 "re� `€��.. .� . , _.. �'s n i";7s.� , " ;� �ti.�.� w,r .�� ,� '� � J r�b ,� w .�,�,, �, � aa � � .. �,',�, d-��"^c�'. �.�.. »r,� � �< ,�„ r' "� n.r ia .� �,��" `� ,, � w a '.rr�°. "e v'� �'"bw��,.�Z � r a ' ,. . Yr rn�F�4 �tl<4� 'uk'k��s.�" �� $.,'�a��,,��,n.�ytC '9;� i a 5£e; �'S�fo f x '� n �,.��+�� .. 4 ? �n. 1 iy.�'i ,.�,�Ra. {�mc �:.d ,� 1. v � � � � �� CLUBHC?US�E � � � � � � �� LlQUQR �+� D�L� �� ..m �_ .. � �� E. i � . W""rn " � . � �� a.,fi � . . . � . ..... � �� . .. t, „ � . .. . .. F„� � d ;� � ..._ . Y'.#,9��'rcK"�b�'.�i ' . . . .. ,n . NNY *;.....,,.. .. , .,v,..a. M. � . �awm,i'.m«Mtin��..�- � � ,( � �? ...+ .. � `Y . .. . . � � .� . . . 4' G:\PlanninglTony Bagato�.Signage Ordinance\Neon Signs\City Council Staff Report.doc Staff Report Neon Signs July 27, 2010 Page 5 of 9 � 1 .... .. . . � . � *��' � . � . . . .,::��. �.nvrM=�i+� + .. � . ...:..... . . . ..... .. ..:�.v�iL.�� I��{M � .. +.�+«�.'�' :�. A� 1 � �j� L��Y.�. 1 P'?f�+M1, -� III I�� v�'�� %�_ 143,qii�� oa;:: t M"� =�.e��- .<��r�a^h ,x�r .E;�� . � � � l ,r F. �' . � ��T`� � � �:_-_c �_i��c �l _��.»{:V�rz�� `_�x �=��zvl_ * :��; � ��w� a r�:��. . � � � .� .�,��., a :_. G:\Planning\Tony BagatolSignage OrdinanceWeon Signs\Ciry Council Staff Report.doc Staff Report Neon Signs July 27, 2010 Page 6 of 9 ��" �, a� .�.: fi ,, , �� s,�., 3x f�� .' • r �� • �s� ��as"��r� �a� S ' x , r ,' " s� t' o-� rrx . . v� ... .!. i i• i » S �. ! ��, � ,,.,�..,�.�� u � : ,x ._ a.�r.;,+ ', .. . ' f ��° , s, � w �� k �� "�� ` � ��`��a ' � a, �� f"r"� ��,�;� i p`� � � t��m•,(� �" �� , � : �t� � �'. r F�� {. �,�. � ,� �� .� � '�. � � �'' �: I �� ;�, ,� f; G:\Planning\Tony Bagato�,Signage Ordinance\Neon Signs\City Cou�cil Staff Report.doc Staff Report Neon Signs July 27, 2010 Page 7 of 9 � �k z� �� 'A . � .' �� . ! . .. �� ' `..' .+ . `�u �' �' � �'-+::�.;�.. '*..�.�t�;",,k"�`i"�� *r�... t � a ��`. .4�. h' +., � . .. � � . . � � ..,��;�; ... .�..: �� .�..: �. ' .. .°�+* .,,y.M�. ,�.� . �t. � ,, �/ .,.u..nyr,��ie� .,, P y . . ��i 4f $� ��v �� W� t� � ,�, �:X�� A S 1 J m� �� ,��"�� . ��,.�1�'N �� .� G:\Planning\Tony Bagato�Signage OrdinanceWeon Signs\City Council Staff Report.doc Staff Report Neon Signs July 27, 2010 Page 8 of 9 Discussion At the July 8, 2010 City Council meeting, the business owner of Skitzo Kitty spoke under Oral Communications about the letter he received from Code Enforcement informing him that all neon signs in the storefront window needed to be removed by the end of August. He, as well as other business owners, thought that the enforcement action was ill-timed because of the downturn in the economy. There are three clear options available to the City Council. They can: direct staff to suspend enforcement of the current prohibition; allow the signs on a temporary basis through issuance of a permit; or initiate a Zoning Ordinance Amendment and direct staff to develop possible regulations that would allow neon signs on a permanent basis. The implication of each of these options is discussed below. Suspend Enforcement: The City Council can direct staff to not enforce the prohibition on neon signs for a certain period of time. Staff does not recommend this option because it could encourage new neon windaw signs to be installed throughout the city. In addition, these signs can be a costly investment, which would be non-productive as soon as enforcement activity resumes. Temporary Approval: If the City Council wants to allow the neon window signs on a temporary basis, staff is recommending that they be allowed for two years with the following criteria: 1. The neon sign identifies the business name and there is no other illuminated sign for the business; 2. The neon signs are creative and do not negatively impact the aesthetics of the storefront; 3. No more than one (1) neon sign is allowed per frontage to minimize clutter and visual pollution; 4. No neon signs are permitted adjacent to or across the street from residential property. Zoning Ordinance Amendment: If the City Council wants to allow all businesses to have neon window signs in addition to the already permitted signs, they can direct staff to initiate a Zoning Ordinance Amendment, and return with requirements for neon window signs. Staff will research G:\Planning\Tony Bagato�.Signage Ordinance\Neon Signs\City Council Staff Report.doc Staff Report Neon Signs July 27, 2010 Page 9 of 9 other local and non-local cities' signage ordinances, develop the regulations and present the new standards to the Architectural Review Commission, Planning Commission and City Council for review and approval. Staff advises against permanently allowing neon window signs. The intent of the Signage Ordinance 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. Staff believes that allowing neon window signs for all businesses will lead to clutter and visual pollution that is incompatible with a destination resort community. Fiscal Analysis: There is no fiscal impact to the City by allowing or prohibiting neon window signs. Submitted By: Department Head: �� Tony Bagato Lauri Aylaian Principal Planner Director Community Development CiTY COUNCIL ACTION APPROVED DF,NiED �, Approval: RECEIVED OTHER � C� MEET �D T ' `' AYES ` U J�o n M. Wohlmuth, City Manager NOES: ABSENT: �" i ABSTAIN: !-� VERIFIED I3Y: Original on File wit6 City rk's Oflice * By Minute Motion direct: 1) City Attorney and staff to prepare a Sign Ordinance Amendment to delete the prohibition of neon signs and instead require that all new neon signs go through the Architectural Review process, which is subject to City Council request for consideration; 2) staff to abate all enforcement actions agaanst existing owners of neon signs. 4-0 (ICelly ABSENT) G:\Planning\Tony Bagato�.Signage Ordinance\Neon Signs\Ciry Council Staff Report.doc RESOLUTION NO. 2010-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ALLOWING NEON WINDOW SIGNS IN STOREFRONTS ON A TEMPORARY BASIS FROM AUGUST 2010 TO OCTOBER 2012, SUBJECT TO THE CRITERIA DESCRIBED IN EXHIBIT A. WHEREAS, the present economic condition has provided a hardship of local businesses and the timing of enforcement of certain sign regulations will negatively impact the businesses who have been in operation with neon window signs; and WHEREAS, said new criteria for approval of neon window signs on a temporary basis will allow enhanced identification while trying to eliminate visual pollution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, does hereby approve neon window signs in storefronts on a temporary basis from August 2010 to October 2010, subject to the criteria described in Exhibit A. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council held on this 27'h day of July 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAI N: CINDY FINERTY, MAYOR ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California RESOLUTION N0.2010_62 EXHIBIT A A. Neon window signs temporary approval until October 2012: 1 . The neon sign identifies the business name when there is no other illuminated sign for the business; 2. The neon signs are creative and do not negatively impact the storefront; 3. No more than one (1) neon sign be allowed per frontage to minimize visual pollution; 4. No neon signs when adjacent to or across the street from residential property. G:\Planning\Tony Bagato\Signage Ordinance\Neon Signs\Ciry Council Resolution.doc