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HomeMy WebLinkAbout1997ORDINANCE NO. 1997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 14.26.020 AND 14.26.040 OF CHAPTER 14.26 OF TITLE 14 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING STANDARDS FOR NEWSRACKS IN THE UPTOWN AND DOWNTOWN PALM SPRINGS AREA. City Attorney's Summary This Ordinance amends Sections 14.26.020 and 14.26.040 of Chapter 14.26 of the City's Municipal Code in order to provide standards for newsracks in the Uptown and Downtown Palm Springs Area to provide for City owned and maintained newsracks to be made available to various media publications. WHEREAS, Chapter 14.26 of the Palm Springs Municipal Code currently establishes regulations that balance the right to distribute information through newsracks with the right of persons to reasonably access and use public property; and WHEREAS, the City of Palm Springs is a popular tourist destination with high pedestrian and vehicular traffic volumes; and WHEREAS, the City of Palm Springs has significant interests in: (1) promoting vehicular traffic and pedestrian safety and convenience; (2) preventing damage to public sidewalks, structures, and landscaping; (3) preventing visual clutter, and (4) protecting the aesthetic character of an area; and WHEREAS, it has become clear that the most effective way to reduce the visual clutter and hazards associated with excessive numbers of newsracks and unregulated design or appearance of such newsracks is to prohibit the unlimited placement of private newsracks in the City and instead, institute a program to provide City -approved fixed pedestal newsracks of a consistent design, placement and color; and WHEREAS, the Uptown and Downtown area of Palm Springs is an extremely popular tourist destination that has the potential, without appropriate regulation, to become congested with vehicular, bicycle, wheelchair or pedestrian traffic; and WHEREAS, because of the potential for congestion in the Uptown and Downtown area of Palm Springs, the City finds that special circumstances require the City in order to protect residents' and visitors' public health, safety, and welfare to install City owned and maintained newsracks that are made available to various media outlets. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS: Ordinance No. 1997 Page 2 SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as material findings in support of this Ordinance. SECTION 2. Definitions. The definition of "Palm Springs downtown area" contained in Section 14.26.020 is hereby amended to read as follows: "14.26.020 Definitions. `Palm Springs Uptown and Downtown area" means that portion of the city within the boundaries of both sides of Vista Chino on the north, Ramon Road on the south, Belardo Road/Museum Drive on the west and both sides of Indian Canyon Drive on the east. This area includes both sides of Palm Canyon Drive, Stevens Road, Camino Monte Vista, Tachevah Drive, El Alameda, Tamarisk Road, Granvia Valmonte, Alejo Road, Amado Road, Andreas Road, Tahquitz Canyon Way, Arenas Road and Baristo Road within such boundaries. SECTION 3. Special requirements for newsracks in the Palm Springs downtown area. Section 14.26.040 of Chapter 14.26 of Title 14 of the Palm Springs Municipal Code, is hereby amended to read as follows: "14.26.040 Special requirements for newsracks in the Palm Springs uptown and downtown area. (a) Notwithstanding any contrary provisions in this chapter, the following special standards shall apply to newsracks and the placement of publications in newsracks within the Palm Springs uptown and downtown area: (1) Only City owned and maintained newsracks shall be allowed in the Palm Springs Uptown and Downtown area. Vendors of publications wishing to utilize newsracks in the Palm Springs downtown area shall be required to utilize such newsracks. (2) Newsracks shall be permitted at only the locations as indicated or otherwise specified by the Director on a map of Palm Springs Uptown and Downtown area on file in the office of the City Clerk. The Director may iRcrepse or decrease the number of locations, depending upon seasonal, event, or demand requirements. (3) Notwithstanding any provision in this Chapter to the contrary, including section 14.26.030, newsracks within the Palm Springs Uptown and Downtown area shall conform to the requirements set forth by the Director. (b) The Director or his or her designee shall have the authority to provide procedures, which may include, but not be limited to, a fee structure, a selection system, or any combination thereof, in order to administer the availability of City owned and operated newsracks." Ordinance No. 1997 Page 3 SECTION 4. CEQA. Based upon the whole of the administrative record before it, the City Council hereby finds that this ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") (Pub. Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) section 15311. Adoption of this Ordinance is involves replacement of minor structures accessory or appurtenant to existing commercial, industrial, or institutional facilities, including, but not limited to, on -premise signs; small parking lots; and placement of seasonal or temporary use items, such as lifeguard towers, mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks, stadiums or other facilities designed for public use. (State CEQA Guidelines, § 15311.) Further, none of the exceptions to the exemptions found in State CEQA Guidelines section 15300.2 apply. Staff is hereby directed to prepare, execute and file with the Riverside County Clerk a CEQA Notice of Exemption within five (5) working days following the adoption of this Ordinance. SECTION 5. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The city council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION E. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause a summary of the same to be published in the official newspaper of the City of Palm Springs within fifteen (15) days following its adoption. PASSED, APPROVED AND ADOPTED-49�.a,ATHE PALM SPRINGS CITY COUNCIL THIS 10T" DAY OF JULY, 201k; BY THE FOLL15WING VOTE: ROBERT MOON MAYOR ATTEST: r� w THONY EJIJ CITY CLER Ordinance No. 1997 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk, hereby certify that the attached is a true copy of Ordinance No. 1997, introduced by the City Council of the City of Palm Springs, California, at a City Council meeting held the 19th day of June, 2019, and adopted at a regular City Council meeting held at the 10th day of July, 2019, with the following vote: AYES: Councilmembers Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon NOES: None ABSENT: Councilmember Holstege ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this +-- day of --5�j t--► Zc� 1 �, J1T H 0 N 4 J. J , M AW CITY CLERK