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Home My WebLink AboutInformation Item Temporary Program to Allow Off-Site Directional SignageCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: RECEIVE AND FILE INFORMATIONAL REPORT REGARDING A TEMPORARY PROGRAM TO ALLOW OFF -SITE DIRECTIONAL SIGNAGE FOR OPEN HOUSES UNDER SPECIFIC CONDITIONS SUBMITTED BY: Lauri Aylaian, Director of Community Development DATE: 23 June 2011 CONTENTS: 15 June 2011 Letter from California Desert Association of Realtors Recommendation That the City Council receive and file this informational report. No further action is required at this time. Executive Summary The existing municipal code prohibits off -site "open house" directional signage. A three- month trial program for permitting the signage was implemented between April and June of this year in response to concerns brought forth by representatives of the real estate industry. This temporary program was generally successful, with suggestions for improvement being made over the course of the trial period. The realtors have requested that the program be extended with certain modifications in place, and staff concurs with the recommendations. Staff has approved a six-month extension of the temporary program, which will not be made permanent until and unless the modified trial program is successful and a zoning ordinance amendment is considered and approved by the Planning Commission and the City Council. Discussion In order to preserve the aesthetic quality of the city, Palm Desert has always prohibited offsite directional signage of all types. Enforcement of the prohibition has varied over the years, but was historically weakest on the weekends due to implementation of a traditional weekday work schedule for Code Compliance personnel. In response to an increasing number of complaints regarding code violations on weekends, the Code Compliance Division began providing services seven days per week in early 2011. Chief among the complaints that prompted this change was the Informational Staff Report — Open House Signage 23 June 2011 Page 2 of 3 proliferation of temporary signs that accumulated on the weekends for open houses, garage sales, and retail businesses. After a month of weekend enforcement, which included removal of hundreds of signs from the public right-of-way, representatives of the California Desert Association of Realtors worked with City staff to implement a temporary program that sought to balance the needs of home buyers and sellers with the interests of the community at large, so that buyers can find open houses, but the Palm Desert visual aesthetic is not degraded by advertising. This temporary program has been in place for three months, and was set to expire 30 June 2011. Approved under section 25.68.090 of the municipal code, the temporary program allowed for Open House signs to be located in the public right-of-way in under these conditions: • Signs are 18" X 24" with brown letters on a beige background, without logos, branding, phone numbers, or other marketing information. • No signs are allowed in the right of way for Highway 111 or Highway 74, both of which have scenic preservation overlay zones. • Signs are only allowed during the hours when an open house is being conducted with a realtor on site. • No more than one off -site directional sign is permitted per open house, and no more than one sign is permitted per intersection. • The California Desert Realtors Association must educate their members about the regulations and provide pre-printed signs for sale to their members. After reviewing this program for 90 days, staff has added to or revised the conditions as follows: • Signs may have the realtor's name and phone number, but only in the beige and brown colour scheme described above, and in a plain font with letters less than 2" high. • One off -site directional sign is permitted per corner, rather than per intersection. However, no more than one sign per open house is permitted per intersection. (For example, if you have a sign at the southwest corner of an intersection pointing to an open house, you may not have any additional signs at the SE, NW, or NE corners of that intersection pointing to the same open house.) • No more than a total of three off -site directional signs are permitted for a single open house. • Directional signs may be installed on private property with the permission of the property owner. These signs must comply with the restrictions on size, quantity, colour, location and hours of installation described above. • The revised program will run for 180 days (July through December 2011). g:\planning\tony becker\stuff for lauri\open house signage program extension (2).docx Informational Staff Repor - Open House Signage 23 June 2011 Page 3 of 3 As with any Temporary Use Permit, the City can revoke permission at any time if the conditions of the permit are violated. Barring such revocation, the program will last from July through December 2011. If, at the end of that time, the program has been successful, the Realtor Association may petition the City to make the program permanent. However, such a change would necessitate a revision of the zoning ordinance, which requires consideration by the Planning Commission, and consideration and approval by the City Council. Fiscal Analysis There is no cost to the City for this trial signage program. Submitted by: Lauri Aylaian Director of Community Development Approval: M. Wohlmuth, City Manager ('JTY COUNCILACTION APPROVED I°£;NIE,1) R[:CEIVED OTIIER MEETING DATE AYES: F►`rler4�, o��tT�nre�t ncn�� NOES: ►��,,�� - ABSENT: Lio/te ABSTAIN: Ki c Ile - VERIFIED BY: gAC4 Original on File with City Clerks Office *Removed for separate discussion - then, by Minute Motion, APPROVED Temporary Program for a six-month period, as amended to include directional arrow indicators on the approved Open House signs along Highways 111 and 74. gAplanning\lauri aylaian\staff reports\open house signage program extension.doc 44475 Monterey Avenue Palm Desert. California 92260 Rn�d tel 760 346.5637 / tax: 760-568-3779 CALIFORNIA DESERT Into0cclarontine.com R E A LTO R""®""""�" REALTORS CaVesedRealtors.com SoCalDesertMLS.com Laurie Avlaian, Director Dept of Community Development Palm Desert Civic Center 73 -5 10 Fred Waring Drnc Palm Desert. CA 92260 Jute 14.2011 RI:: Real Estate Directional Signs t Dear M- jkgt5ian: DesertAreaMI.S.com DesertAreaCIE.com Thank you again for your continuing efforts to resolve the issues surrounding real estate open house directional signs. I think we are getting very close to a final solution. As we discussed on Friday. June 10. on behalf of the California Desen Association of REALTORSt*. I ask that you approve an exception to the Palm Desen city ordinance governing real estate open house directional signs. The exception we seek would have dic following provisions and last for a period of 180 days or until die Palm Desert City Council adopts a permanent, conforming change to the ordinance. One open house directional sign per open house at an interseetion on public property set back live feet from the curb or sidewalk. Additional directional signs can be placed on private property with the permission of the property owner. Directional sign_: must be 18"x24". brown lettering on a beige background. Directional signs cannot be branded. The placing agent's name and cell phone number must be written. attached or primed on the sign so the agent can be identified by code enforcement officers. The agent's identification and phone number cannot be larger than 2 inches. Signs can be mounted on any stand selected by the agent, including A frames. No directional signs will he permitted in the Highway 74 or I lighway I I I corridors. Concurrent with the establishment of this code exception the California Desert Association of -REAL I ORS-1K (CDAR) will begin a comprehensive process to educate our members on the new procedure and how they can collaborate to make it work for the city, sellers, buyers and agents. Cl.-)AR will post notices on our wcbsilc and in our Multiple Listing Service. We will send an email message to all our members and to all REAL.TORS R)f with active property listings in the city of Palni Desert. We will announce the new sign rule at our Monthly General Membership meeting and ask the managing brokers of the various real estate offices to announce the new rules at their office meetings. Again. thank you for your time and attention to this important issue. We look forward to working with you on a mutually satisfactory resolution to this problem. .Since V. esney Gov m tat Affairs Director Jun 0611 04:54p Microsoft 7603202112 p.1 Gerry Johnson June 6, 2011 -W City Council and Dept. of Community Development ra 0 rvi r ; City of Palm Desert o rT, :2.j 73-510 Fred Waring Drive' M, Palm Desert, CA 92260 -+Cn Cn SUBJECT: Off -site directional signage cn V- n t ,, rn To All Concerned: (revised) 6.6.11 On June 4, 2011, we received a copy of the signage report (copy attached), from your most courteous compliance officer. The nine rules have merit except one: the sign placement prohibition on Hwy 74 and Hwy 111 need revision. The current code permits such signs. Your prohibition is selective, plus it is in violation of constitutionally mandated free expression. This is unreasonable hindrance of business and abuse of discretion. Our clients rely on our open houses to sell their real estate. Without open house signs we are dead. Please advise urgently of possible deletion of Hwy 74 and Hwy 111 signage prohibition. You may e-mail me at giohnson37 dc.rr.com or fax me at 1-760-320-2112. Sincerely, Gerry Johnson, Realtor Gerry Johnson, GRI,SRES,SFR,e-PRO License. 01335240 Realty Executives Desert Cities Palm Springs, CA 92262 (760)835-1283 Riohnson37 dc.rr.com realtorgerryjohnson.com