Loading...
HomeMy WebLinkAbout1956 ORDINANCE NO. 1956 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING MINOR MODIFICATIONS AND CORRECTIONS TO SECTIONS 93.20.00 THROUGH 93.20.13 OF THE PALM SPRINGS ZONING CODE RELATIVE TO THE CITY'S SIGN ORDINANCE (CASE 5.1416-A ZTA). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. On March 7, 2018, the City Council requested that staff initiate amendments to the City's sign ordinance and referred the matter to the Planning Commission for recommendation. B. Notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1416-A ZTA was given in accordance with applicable law. C. On April 11, 2018, a public hearing on the proposed Zone Text Amendment was held by the Planning Commission in accordance with applicable law, at which the Planning Commission voted 6 to 0 to recommend approval of the amendments to the City Council. D. On April 18, 2018, the City Council held a noticed public hearing on the proposed Zone Text Amendment in accordance with applicable law, and continued the public hearing to the meeting of May 2, 2018. E. On May 2, 2018, the City Council held a noticed public hearing on the proposed Zone Text Amendment in accordance with applicable law. F. The proposed Zone Text Amendment is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as that term is defined in Section 15378 of the State Guidelines. G. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zone Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented. H. The City Council finds that approval of the proposed Zone Text Amendment would: 1. Simplify the process for the approval of sign programs; Ordinance No. 1956 Page 2 2. Provide consistent regulations for all portable signs; and 3. Correct errors and omissions in the previous ordinance. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance. SECTION 2. Amend Section 93.20.03 of the Palm Springs Municipal Code to eliminate the definition of "Menu Board." SECTION 3. Amend Section 93.20.04(B)(2) of the Palm Springs Municipal Code as follows: 2. Signs on Public Property or Rights-of-Way. Signs on public property or rights-of-way shall be prohibited unless (1) otherwise expressly authorized in this Sign Ordinance, (2) provided through an approved sign program applicable to a Sign District adopted by the City Council, or (3) approved through a portable sign or other content neutral sign permit, encroachment license or City approval. Any portable sign approved or permitted pursuant to this Code shall be located in a manner fully compliant with all standards and regulations regarding access for persons with disabilities. SECTION 4. Amend Section 93.20.05(B)(2b) of the Palm Springs Municipal Code as follows: 2(b). Service Signs Maximum Area 6 square feet SECTION 5. Amend Section 93.20.05(C)(1) of the Palm Springs Municipal Code as follows: Ordinance No. 1956 Page 3 1. Portable Sin Commercial and Industrial Districts° Maximum Number One (1). Businesses with frontage on two (2) public rights- of-way may have one (1) portable sign for each frontage, subject to the location requirements described as follows. Location A portable sign may only be placed between a public entry into the tenant space and the nearest fronting street or parking drive aisle. The portable sign may be placed in the sidewalk public right-of-way, as close to the building incorporating the tenant space as possible. Further, in no case may any portable sign impede pedestrian traffic. A seventy-two (72) inch wide clear paved pathway for ADA access must be maintained at all times. A portable sign shall not be placed on the parking curb, gutter or street. The placement of a portable sign on a public sidewalk pursuant to this Subsection is not a right, and shall only be allowed in the event that the City issues a permit, granted upon an applicant's compliance with the minimum requirements as provided in this Subsection C. As an alternative to placing the sign as close to the building incorporating the tenant space as possible, portable signs may be placed elsewhere in the public sidewalk area subject to the approval of an encroachment agreement, provided the sign is no less than three (3) feet from any street or parking curb and a seventy-two (72) inch wide clear paved pathway for ADA access is maintained at all times. Permit Required Yes — Encroachment Agreement also required for signs located in public rights-of-way. SECTION 6. Amend Section 93.20.06(A) of the Palm Springs Municipal Code as follows: Main Sin Downtown/Uptown Maximum Area • Individual Letters: The height of individual letters shall not exceed fourteen (14) inches, with the first letter capitals allowed at sixteen (16) inches. The length of signs using individual letters shall not exceed 2/3 of the overall length of the storefront. SECTION 7. Amend Section 93.20.06(C)(2) of the Palm Springs Municipal Code as follows: 2. Service Signs Maximum Area 6 square feet Ordinance No. 1956 Page 4 SECTION 8. Amend Section 93.20.06(C)(5) of the Palm Springs Municipal Code as follows: 5. Pedestrian Director Maximum Number 1 per building where the principal sign for a business on a parcel fronting on Palm Canyon Drive is not visible from Palm Canyon Drive. Permitted Sign Types Flush-Mounted Sign, Freestanding Sign, Portable Sign Maximum Area The directory sign shall not exceed 6 square feet per face. Location Flush-Mounted Signs shall be permanently mounted to the building. Freestanding Signs shall be located on private property and shall not impede pedestrian movement. Portable Signs may be located on private property or in the public right-of-way (subject to the approval of an Encroachment Agreement), provided the sign is no less than three (3) feet from any street or parking curb and a seventy-two (72) inch wide clear paved pathway for ADA access is maintained at all times. Illumination Permitted Flush-Mounted Sign, Freestanding Sign — Internal/External; Portable Sign — no illumination permitted. Permit Required Yes — Encroachment Agreement also required for Portable Signs located in public rights-of-way. SECTION 9. Amend Section 93.20.06(D)(1) of the Palm Springs Municipal Code as follows: 1. Portable Sin Downtown/Uptown Maximum Number One (1). Businesses with frontage on two (2) public rights- of-way may have one (1) portable sign for each frontage, subject to the location requirements described as follows. Location A portable sign may only be placed between a public entry into the tenant space and the nearest fronting street or parking drive aisle. The portable sign may be placed in the sidewalk public right-of-way, as close to the building incorporating the tenant space as possible. Further, in no case may any portable sign impede pedestrian traffic. A seventy-two (72) inch wide clear paved pathway for ADA access must be maintained at all times. A portable sign shall not be placed on the parking curb, gutter or street. The placement of a portable sign on a public sidewalk pursuant to this Subsection is not a right, and shall only be allowed in the event that the City issues a permit, granted upon an applicant's compliance with the minimum requirements as provided in this Subsection D. As an alternative to placing the sign as close to the building Ordinance No. 1956 Page 5 incorporating the tenant space as possible, portable signs may be placed elsewhere in the public sidewalk area subject to the approval of an encroachment agreement, provided the sign is no less than three (3) feet from any street or parking curb and a seventy-two (72) inch wide clear paved pathway for ADA access is maintained at all times. Permit Required Yes — Encroachment Agreement also required for signs located in public rights-of-way. SECTION 10. Amend Section 93.20.06(E) of the Palm Springs Municipal Code as follows: 5. Individual Letters. Individual letters shall not extend more than six (6) inches from the face of the building; all conduit and electrical service shall be concealed from view. Acceptable materials include metal, neon, plastic, and custom ceramic tile. (Renumber following section accordingly) SECTION 11. Amend Section 93.20.07(A)(1) of the Palm Springs Municipal Code as follows: 1. Main Sign —Apartments, Hotels, Condominium Complexes and Residential Mobile Home Parks Maximum Height • Height —Wall Signs. The top of any sign shall not be higher than the building on which it is located, and in no event shall the sign be higher than 28 feet. SECTION 12. Amend Section 93.20.07(A)(2) of the Palm Springs Municipal Code as follows: 2. Main Sign — Resort Hotels Maximum Height • Height —Wall Signs. The top of any sign shall not be higher than the building on which it is located, and in no event shall the sign be higher than 28 feet. SECTION 13. Amend Section 93.20.08(H)(4) of the Palm Springs Municipal Code as follows: 4. Approval Process - Deviations. A sign program that varies from the specific requirements of the Sign Ordinance may be approved if the Planning Commission finds the following: SECTION 14. Amend Section 93.20.08(1) of the Palm Springs Municipal Code as follows: Ordinance No. 1956 Page 6 I. Sign Program for Complex of Businesses. In addition to signs allowed under this Chapter for individual businesses, one additional sign relating to a building or complex of businesses may be allowed as part of an approved Sign Program [see Section 93.20.08(H)]. This sign shall not exceed twenty (20) square feet unless no individual tenant signs are included in the Sign Program, in which case the sign area may be based on the frontage formula. Such a sign may be freestanding. SECTION 15. Amend Section 93.20.09(B) of the Palm Springs Municipal Code as follows: B. Commercial and Industrial Zones. Up to two (2) temporary signs of up to ten (10) square feet each or one (1) temporary sign of up to twenty (20) square may be maintained on any commercial or industrial property. A temporary sign associated with a special event shall not be installed more than sixty (60) days before the event and shall be removed no later than five (5) days after the event. SECTION 16. Amend Section 93.20.10(C)(8) of the Palm Springs Municipal Code as follows: 8. Neighborhood Entry Signs. Neighborhood entry signs may be installed in existing or proposed single-family neighborhoods in the G-R-5 or any R-1 zone, subject to the following provisions: SECTION 17. Amend Section 93.20.11(D)(2c) of the Palm Springs Municipal Code as follows: C. Hearing. A request for a hearing as to the removal and abatement of a sign shall be submitted to the Office of the City Clerk no more than fifteen (15) days after the City's issuance of an informal abatement notice pursuant to Subparagraph D.1. Each request for a hearing on an appeal of the abatement and removal of assign shall be-accompanied by full payment of all administrative fees, including fees for storage of the sign, hearing fees, and payment in full of any penalty related to the violation of the Sign Ordinance that prompted the abatement and removal. Any hearing upon an appeal as to an abatement and removal order requested shall be conducted within ten (10) working days of the receipt of the request for a hearing by the Office of the City Clerk. Each hearing shall be conducted by a hearing officer designated by the City Manager. The failure of either the owner or his/her/its agent to request a hearing waives the right to a hearing. At any hearing, the hearing officer shall determine whether good cause has been shown for the abatement and removal of the sign. The decision of the hearing officer shall be deemed the final administrative determination. If good cause is shown for the abatement and removal of the sign, the owner or their agent shall have fifteen (15) days from the date of the hearing to retrieve the sign, if the sign has not already been returned to the owner or agent. No sign shall be returned to an owner or agent after a hearing without payment of additional administrative Ordinance No. 1956 Page 7 fees that have accrued since the filing of the request for a hearing. If good cause is not shown at the hearing for the abatement and removal of the sign, all funds paid by the owner or agent in relation to the sign that the City abated and removed, and any additional administrative fees shall be waived, and the owner or their agent shall have fifteen (15) days to retrieve the sign. SECTION 18. 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 19. The proposed Zone Text Amendment is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as that term is defined in Section 15378 of the State Guidelines SECTION 20. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. ADOPTED THIS 16T" DAY OF MAY, 18. ROBERT MOON MAYOR ATTEST: N ONY J. M IA, M CITY CLE Ordinance No. 1956 Page 8 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1956 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on May 2, 2018, and adopted at a regular meeting of the City Council held on May 16, 2018, by the following vote: AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, and Mayor Moon NOES: None ABSENT: None 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 t '?ssrb nONYMEJIA M CITY