HomeMy WebLinkAbout7/8/1999 - STAFF REPORTS (6) DATE: April 7, 1999
TO: City Council
FROM: Director of Planning and Building
AGUA CALIENTE BAND OF CAHUILLA INDIANS BILLBOARD ORDINANCE -
AMENDMENT NO. 8.
RECOMMENDATION:
That the City Council review and consider the proposed amendments to Tribal Billboard
Ordinance Amendment No. 8. Staff has requested additional information and has not
completed its review as of this date. Based upon City Council direction, staff will
prepare a resolution.
BACKGROUND:
The Tribal Council is considering modifications to its existing Billboard Ordinance.
Changes include allowing interchangeable message boards and a change to allow
discretion to reduce setbacks between signs on roadways other than I-10. Attached is a
copy of the Billboard Ordinance which shows proposed changes in underlined text.
This item was transmitted to staff on March 15, 1999 and is scheduled for Tribal Council
consideration on April 6, 1999. Staff sent the attached letter requesting a continuance so
that City Council could consider this item. Due to timing,the Planning Commission has
not had the opportunity to review this proposal. Staff also requested additional
background regarding the proposed changes. Specifically, staff requested information
regarding interchangeable message boards (Tri-Vision signs) and if the proposed setback
modification would allow more billboards on Gene Autry Trail, Vista Chino and
Mesquite Avenue.
Additional information will be presented at the City Council meeting.
DOUGLAS .EVANS,Director,
Planning an Building
q a
City Ma
ATTACHMENTS:
1. Ordinance No. 13,Amendment No. 8 �f
2. Transmittal Letter received March 15, 1999
3. City Letter dated March 16, 1999
cau
A ear RECEIVED
MAR 15 1999
PLANNING DIVISION
March 12, 1999
Mr. Doug Evans
Director of Community Planning and Building
W rmqurrt cAnvon%,W City of Palm Springs
P.O. Box 2743
Palm Springs CA=62
KM auks
Re: Billboard Ordinance
G°FO°ai1 Dea ans:
99M Attached for your review and comment is the Ague Callente Band
of Cahuilla Indians Billboard Ordinance No. 13,Amendment No, 8.
The wording,which is marked out, is to be deleted and replaced
tae"M With the new wording,which Is underlined.
(760)345-3400
This amendment is scheduled for the April 6, 1999 Tribal Council
meeting. If you have comments please submit them in writing no
FM later than Wednesday March 31, 1999 to the undersigned. Thank
060)3250593 you for your cooperation.
Sin rel ,
Michael J.Atencio
Assistant Tribal Planner
Ague Caliente Band of
Cahulla Indians
MJD/cm
Enclosure
ORDINANCE NO. 13
AMENDMENT NO.7- 8
TRIBAL ORDINANCE CONTROLLING OUTDOOR
ADVERTISING DISPLAYS
I. INTRODUCTION
1- TITLE. This Ordinance shall be titled and quoted as the
'Tribal Ordinance Controlling Outdoor Advertising
Displays, Commonly referred to as an Off-Site Billboard'.
2. PURPOSE. It is the purpose and intent of this Ordinance
to establish standards and regulations controlling the
design, location, maintenance and removal of outdoor
advertising displays on allotted trust lands of the Ague
Caliente Indian Reservation located within unincorporated
areas of Riverside County and the Cities of Cathedral City
and Rancho Mirage and certain lands within the City of
Palm Springs, specifically known as:
A. The west and east sides of the public right-of-way
of Gene Autry Trail, starting at one-quarter mile
north of the intersection of Gene Autry Trail and
Vista Chino, continuing north to the boundary of
Section 6, Township 4 South, Range 5 East, San
Bernardino Base and Meridian.
B. The north side of Vista Chino starting one-quarter
mile east of the intersection of Vista Chino and
Gene Autry Trail continuing east to the boundary of
Section 6, Township 4 South, Range 5 East, San
Bernardino Base and Meridian.
C. The north and south side of the planned Mid-Valley
Parkway (also known as Mesquite Drive) starting
one-quarter mile east of the intersection of
Mesquite Drive and Gene Autry Trail continuing
east 4500' to a point defined as 1165' north from
the southern boundary of Section 20, Township 4
South, Range 5 East, San Bernardino Base and
Meridian.
3. TERM. Outdoor Advertising Displays are determined to be
temporary, Interim uses of allotted trust land. Displays
may be established until such time that the allotted trust
properties on which they exist are ultimately, developed
with viable, long term,development or leases on a majority
of the allotment In the event that the display(s) continue
to exist on allotments which have viable development or
leases established, the display will be determined to be
illegal non-conforming and be subject to removal under the
provisions of Section VI.I. Herein.
Revised: 03/11/99,2:04 PM
Ordinance No.
Amendment No.7-8-8
Page 2 YN
4. DEFINITIONS.' For the purpose of the Ordinance, the
following words or phrases shall have the following
definitions:
A. 'Tribal Council"shall mean the Tribal Council of the
Ague Caliente Band of Cahuilla Indians.
B. 'Outdoor Advertising Dis ftC commonly referred to
as'off-sits bNboarde means advertising structures
and signs used for outdoor advertising purposes,
not Including on-site advertising structures and
signs as hereinafter defined.
C. "Outdoor Advertisina Structure• means a structure
of any kind of character erected or maintained for
outdoor advertising purposes. Such structure must
be constructed or erected, and Its use must require
a permanent location or attachment to something
having a permanent location on the ground.
D. 'On-Site Advertising Structures and Siane means
structures and signs that are erected or maintained
" to advertise goods sold, business conducted or
services rendered on the parcel of land upon which
the sign is located.
E 'Abandoned' means any outdoor advertising
display that Is allowed to continue for more than
one(1)year without a poster. bill, printing, painting,
or other form of advertisement or message.
F. C means roads,streets, boulevards, lanes,
courts. places, commons. traps. ways or other
rights-of-way or easements used for or laid out and
Intended for the public passage of vehicles or of
vehicles and persons.
G. "Viable Demre menr shall mean long term
improvemment of property which establishes or leads
to highest and best use over a majority of the
property (51% or shore) and/or leases which most
or exceed that Income which would be derived from
display rental. It shall not mean improvement or
projects determined to be temporary or seasonal
uses as defined by the regulatory jurisdiction in
which the allotment Is boated,.such as; produce
stands. festivals, pumpkin patches, Christmas tree
stands, temporary sales offices. exhibits, flea
markets, or other such uses as determined by the
Indian Planning Commission.
Revised: 03/11/99,2:04 PM
Ordinance No. 13
Amendment No.zS
• H. "Temporary Page 3
Extensions• shall mean creative,
artistic elements of the display which exceed the
maximum allowed display face area for a limited
duration and does rat exceed twelve (12)
continuous months in one location.
I. Tr4V&ion Sian. A changeable message bill ord
with triangular louvers for gran hic anpg,
The dwell time for each dispW must remain
stationary for a oadgd of ten nd Turn time
from one dispin to the next shall be within two
seconds.
II. OUTDOOR ADVERTISING DISPLAYS
I. STANDARDS. No person shall erect or maintain an
outdoor advertising display on allotted trust lands of the
Ague Cailente Indian Reservation located within
unincorporated areas of Riverside County and the Cities of
Cathedral City, Rancho Mirage and those lands described
In Section 1.2.A. B. and C. of the City of Palm Springs
except in accordance with the following provisions:
A Location- Site specific location shall be reviewed
and approved by the Tribal Council in accordance .
with criteria, procedures, etc. to be established by
the Tribal Council. Outdoor advertising displays
may only be erected on non-residential zoned land
and may not be erected within five hundred (500)
feet of an existing residential development.
B. Spacing, No outdoor advertising display shall be
!sated within 1,000 feet in any direction from any
other off-site sign on the same'side of Interstate
Route 10, and 600 fast OR all 011149F highways on ap
other highways the minimum disance shall be 0'
in establishing the distance between the signs the
Commission considers the pm)dmft of other signs
In the area-the toggaraphy and physical features of
the land. In no case shall the sign be within 200' of
another sign,
C. Height. The maximum height of any outdoor
advertising display along Interstate Route 10
shall not exceed a height of thirty-five (35) feet
from the roadbed of the adjacent highway, or
maximum height of thirty-five (35)feet from the
grade on which it is constructed, whichever is
greater. The maximum height along all other
Revised: 03H 1199,2:04 PM
Ordinance No.13
Amendment No.-7-8
Page 4
highways shall not exceed twenty five (25)feet
measured in accordance with the criteria noted
above.
D. j'916L A maximum of two (2)steel poles Is allowed
for support of an outdoor advertising display.
E Roof Moupjg No outdoor advertising display shall
be afted on or over the roof of any building, and
no display shall be affixed to the wall of a building
so that it projects above the parapet of the building.
F. No outdoor advertising display shag be
erected within an established setbadc or building
line, or within road right-of-way Ines or future road
right-of-way lines as shown on any Specific Plan of
Highways. A minimum setback from the property
One of one (1)foot shag be required.
G. Number of Display Faces. No more than two (2)
display faces per outdoor advertising display shall
be permitted. Display faces may contain multiple
adverdsements. Back k back, and Wtype displays
shag be allowed provided that they are on the same
outdoor advertising structure and provided that the
Vdype displays have a separation between display
faces of not more than twenty-five(25)feet.
H. Llghgog and Illumination of MOM An outdoor
advertising splay may be I minated unless
otherwise spedfied, provided that the displays are
so construaed that no source or IDumination Is
Visible beyond the display face. Displays maldng
use of lights to convey the effect of movement or
flashing, Intermittent, or variable intensity shall not
be permitted.
I. Dispt Movement No outdoor advertising displays
shall move or rotate, or display any moving and/or
rotating parts. No propellers, or flags, or other
noise creating devices. and no architectural
embellishments which utilize mechanical or natural
form for motion, ,shall be permitted. Use of
daylight reflective materials or electronic message
boards is prohibited.'
Dispjpty Face Size_ No outdoor advertising display
along interstate Route 10 shag have a total surface
Revised, 03/11M.2:04 PM
m
Ordinance No. 13
Amendment No.7-8
J. area of more than seven hundred (700)squareefeett
per face. The maximum area along with other
highways shall not exceed three hundred eighty
(380)square feet per face.
K Prohibited aspla t The following types of
outdoor advertising are prohibited: .
1) Any statements or words of obscene or
Immoral character, or any picture or
illustration of any human figure in such
detail as to offend public morals or decency,
or any other matter or thing of an obscene,
Indecent or immoral character.
2) Signs that advertise illegal activities, contain
untruthful copy, are improperly mounted or
erected are erected In a manner to
represent a traffic hazard.
3) Signs which advertise and/or promote the
use of consumption of tobacco or alcohol.
L. gyp. No persons shall place, erect or
maintain an advertising display and no display shall
be placed, erected or maintained anywhere within
the Ague Caltente Indian Reservation unless there
is securely fastened thereto and on the front face
thereof the name of the sign company in such a
manner that the name is visible from the highway.
Any display placed, erected or maintained without
this Identification shall be deemed to be placed,
erected and maintained in violatign of this section.
M. Temper Extension Allowed. Temporary display
extensions are permitted which are used to
creativeyr enhance the display advertisement.
Such extensions may not exceed 15% of the
pernitted permanent display face as allowed in
Section II. 1. J.. Such extensions may not extend
five (5) feet beyond the top of the permanent
display face and two (2) feet beyond the sides or
bottom of the pemranent display face. Temporary
display extensions are allowed at the sole
discretion and determination of the Tribal Council
as recommended by the Indian Planning
Commission. Simple rectilinear extensions of text
are not permitted. The exposed surface of any
display extension inducting rear and sides not used
as a part of the display advertisement copy and/or
media shall be painted a flat finish blue-gray color
Revised: 03111/99.2:04 PM
Ordinance No. 13
' Amendment No.7-
�8
Page 6
equivalent of Tantone'421c. 422c. 642c, 649c, or
N. Tri-Vision signs are at the
disrnetlon gf the Tribal o n,cim are,i an d
of this Ordinance and they Z 6e located et tay
2. MASTER PLANNED Dlapr AY PRO RAMS The Tribal
Council may appnnre a pemNt for two or more displays by
one action in a single area where it is determined to be
appropriate. Said Master•Planned Display program is to
minimize review and approval actions and accommodate
special circumstances Involving the physical site and/or
oowwneerrship ofproroper�ty. it Is not intended for deviation from
play stas.
Individual displays approved, within a Master Planned
Display ' Program may not be altered without an
amendment to the Master Planned Display Program of
which it is a part.
III. APPROVALS
1. No outdoor adverb ft display shall be placed or erected
until:
A. Approval has first been obtained from the Tribal
Council with respect to sitn.specft location and
compliance with the standards outlined in Section
IL By resolution, the Tribal Council shall prescribe
the procedures for applying for such approval, and
Secondly.
B. An appropriate PemNt has been obtained from the
Bureau of Indian Affairs.Palen Springs Field oMce.
IV. NON-CONFORMING DISPLAYS
1. Notwithstanding provisions of this Ordinance to the contrary,
ati outdoor advertising displays existing as of the effective date
Of this Ordinance shag be deemed to be legal non-conforming
displays. Such displays shall remain In place without further
Revised: 03H 1/99.2:04 PM
Ordinance No. 13
Amendment No.7-8
Page 7
Atiemdons or relocation and shall be maintained in like
new condition until such time as the parcel on which such
dlspla7 is located is developed twits ultimate use. At that
time the display shall be removed.
2. All outdoor advertising displays that are hereafter installed
or maintained contrary to the provisions of this Ordinance
or that have been abandoned, shall be deemed to be
Illegal non-conforming,
3. Pursuant to 25 CFR Part 162.9, any outdoor advertising
display placed on allotted trust land within the
unincorporated area of Riverside County and the Cities of
Cathedral City, Rancho Mirage and those lands described
In Section 1.2.A.B. and C. of the City of Palm Springs
under a lease or permit approved by the Bureau of Indian
Affairs shall become the property of the lessor or permittee
unless specifically excepted therefrom under the terms of
the lease or permit.
4. Applications permitted in accordance with this Ordinance
shall be subject to an annual fee of fear huadped-dollars
($400.99). three hundred dollars ($300.00) Said fee shall
be due and payable by the permittee of record on January
1't of each year. Displays, which have not paid the annual
fee by February 1st of each year, shall be found to be
illegal non-conforming displays and, therefore, subject to
revocation under the temrs of Section VIII.1. of this
Ordinance.
V. VARIANCE
1. Variances from the terms of this ordinance shall be granted
only when, due to special circumstances applicable to the
property, including topography, location or surrounding, the
strict application of the ordinance deprives the
applicant/wmer/alkritee of privileges enjoyed by other
within one thousand(1,000)feet
2. Any variance 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 displays in the vicinity and
jurisdiction in which such display is situated. tfif
Revised: 03112199, 11:39 AM
Ordinance No. 13
Amendment No.q 8
Page 8
VI. COMPLIANCE
1. Wherever the Tribal Council or their designated agents
have cause to suspect a violation of this ordinance, or
whenever necessary to Investigate either an application for
the granting, modification, or any action to suspend or
revoke an outdoor advertising display penrdt, or whenever
necessary to investigate a possible violation, said agents
may lawNly gain seem to the appropriate parcel of land
upon which saki violation is believed to exist.
Arry outdoor advertising display which has been found. to
be Illegal non-conforming 'displays or any outdoor
advertising permit which has been Issued as a result of a
material misrepresentation of fact by the applicant or his
agent may summarily be.revoked: Within thirty (30) days
after written notice has been given by the Tribal Council to
the appkanUpermidee, the subject outdoor advertising
display shall be removed at the applicant or permittee's
expense.
2 DISPLAY VIOLATION FINES
Outdoor advertising disphays which are found to be in
violation of any aspect of this Ordinance shall be suhiect to
a_fine in the amount of One Hundred Dollars ($I= per
day each day violation persists. Fines shall be olfie"
against the appicant of record at the time of the adon
Failure to pW arX fines within ton (10) calendar days and
faliure to correct the violation within thirtv_(M) calendar
days of receiving notice of fine will cause the dbahw to he
illegal non-conforming. The notice of violation etisu be
receipt or not signing lbr recount initiates the first d of
violation, .
3 By submitting an application to the Tribal Council under
this Ordinance,an applicant certifies that he,or she. Is
familiar with the terms of this Ordinance and agrees to be
bound by,all such terms.
Revised: 03/12MO.11:39 AM
A
' Ordinance No. 13
Amendment No,-7-8
Page 9
VII. EFFECTIVE DATE
This Ordinance shall take effect upon publication In a local
Riverside County newspaper.
Richard M.Milanovich,Chairman
Barbara Gonzales-Lyons Marcus J.Pete.Secretary/Treasurer
Vice-Chairman
Candace Pate,Member Virginia Siva,Member
Revised: 03/11/99,2:04 PM
u a� PALM City of Palm Springs
. . ' lhgtrmeac of Plrmios a:auildtng
Planning Division
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Mu*,16, 1999
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Mr.Tom Davis,AICP
Tribal Planning Director
6W E.Tahquitz Canyon Way
Palm Springs,CA 92262
RE:Billboard Ordinance-Amendment No. 9
Dear Tom,
Thank you for the opportunity to review the proposed Billboard Ordinance amendments. This proposed
amendments include the addition of interchangeable message signs(Tri-Vision signs)and appear to
allow the discretion to reduce the setback between signs on roadways other than 1-10 from SW to 2W.
Both of these changes are ones which the City Council should be afforded the opportunity to review and
comment prior to the Tribal Councils April 6, 1999 mewing. -The City received the transmittal on
March 15, 1999. Therefore,the next City Council meeting that this can be scheduled for review is April
7, 1999. Based upon this schedule,I ask that the Tribal Couacil's consideration of this item be
resFheduhed to a date after April 7, 1999.
In order to complete my review,I will need additional information. This information incbrdas
photographs or plans of a Tri-Vision sign and an explanation of the intent of Section II., Outdoor
Advertising Displays LB Spacing. Specifically,will this section likely increase the number of billboards
to be installed on Vista Chino,Gale Autry Tail or'Mesquits Avenue?
Thank you in advance for your consideration of the requests herein.
Very
Douglas R Evans
Director of Planning snd Building
DRE:lk
cc: Mayor and City Council w/ordinance
Rob Parkins,City Manager w/ordinance
Dave Aleshire,City Attorney,w/tudinanex
Post Office Box 2743 • Palm Springs, California 92263-2743