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HomeMy WebLinkAbout9/6/2017 - STAFF REPORTS - 3.A. �o opLM sp9 iy � o V N CITY COUNCIL STAFF REPORT DATE: September 6, 2017 LEGISLATION SUBJECT: AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PRIOR INTERIM URGENCY ORDINANCE 1934 RE INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS SUBJECT TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5, AND SUSPENDING SECTIONS 93.20.03.25, 93.20.07, 93.20.08, AND 93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO NOVEMBER 10, 2017. (4/5ths Vote Required). FROM: David H. Ready, City Manager BY: Edward Z. Kotkin, City Attorney SUMMARY The City adopted its current interim urgency ordinance regarding temporary signage, Ordinance 1934, on July 19, 2017. Staff has determined that certain aspects of the interim urgency ordinance require modification to enhance the interim regulations' applicability consistent with the Council's direction and in the City's best interest. These modifications will not extend the term of Ordinance 1934, which will expire on or before November 10, 2017. Prior to that date, the City Council will have the opportunity to introduce and adopt a comprehensive overhaul to the City's sign ordinance that updates regulations and conforms to applicable federal law in its content neutrality. The amendment to the interim urgency ordinance proposed at this time makes it a more effective tool to regulate temporary signage in the City, adheres to concepts discussed by the Council on July 19, 2017, and reflects staffs effort to transition to the new comprehensive sign ordinance from the best platform possible. RECOMMENDATION Waive the reading of the text in its entirety, read by title only, and adopt Ordinance No. "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PRIOR INTERIM URGENCY ORDINANCE 1934 RE INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS SUBJECT TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5, AND SUSPENDING SECTIONS 93.20.03.25, 93.20.07, 93.20.08, AND 93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO NOVEMBER 10, 2017. (4/5ths Vote Required)." rMM NO. City Council Staff Report July 19, 2017 -- Page 2 Interim Urgency Ordinance—Temporary Signs STAFF ANALYSIS The City remains in the process of completing a significant project - the revision and update of its sign ordinance. The City Council has provided direction with respect to revisions that had to be made to the last iteration of the comprehensive sign ordinance overhaul, presented to the Council on May 17, 2017. Upon staffs completion of design guidelines that will ensure the implementation of the sign ordinance pursuant to Council direction, the sign ordinance will return to the agenda for approval. On several occasions, the Council has adopted and re-adopted an interim urgency ordinance to preserve essential elements of the City's existing sign ordinance pertaining to temporary signs, modified for consistency with applicable law. Like the new comprehensive sign ordinance, the interim urgency ordinance incorporates standards based on time, place, and manner considerations, and minimizes standards based on the content. The current interim urgency ordinance adopted on July 19, 2017 expires on November 10, 2017. This term still allows adequate time for staff to complete the work necessary to prepare what should be the last iteration of the City's new sign ordinance and the referenced design guidelines. No extension of the term is requested. As a reminder, the Council has four (4) times adopted an interim urgency ordinance similar in general character to that proposed now. In each instance, the purpose of the interim urgency ordinance has been the same—to regulate temporary signage in the best manner practicable, and allow the City adequate time to adopt a new sign ordinance. The data on the prior interim urgency ordinances is as follows: Date Ordinance Effective Dates 5/18/16 1893 5/18/16— 1/20/17 1/4/17 1912 1/4/17 — 5/5/17 4/5/17 1922 4/5/17 — 7/21/17 7/19/17 1934 7/19/17-11/10/17 As is reflected, the Council's most recent consideration of an interim urgency ordinance took place on July 19, 2017. A legislative draft of the proposed interim urgency ordinance is attached to this report as ATTACHMENT A. This draft shows revisions from Ordinance 1934. The proposed interim urgency ordinance is attached to this report as ATTACHMENT B. The substantive changes in Ordinance 1934 may be described as follows: • Stray and incorrect references to "portable open signs" are fixed to simply reference "portable signs;" • Banners, pennants, pin wheels, ribbons, streamers, strings of light bulbs, inflatables, or similar devices intended for a limited period of display previously identified as"portable signs" are now referenced correctly as one kind of temporary sign, subject to special permit application standards that prevent nuisances, impediments to pedestrian traffic, and ADA violations; 02 City Council Staff Report July 19, 2017-- Page 3 Interim Urgency Ordinance—Temporary Signs • Exceptions to dimensional requirements of temporary signs are identified; • Temporary signs approved under the interim urgency ordinance, with the exception of portable signs and special event signs, are given a specific permit term consistent with the City's established practice (thirty [30] days, with a single possible extension of equal duration) - prior versions of the interim urgency ordinance did not specify any term for temporary signs; Temporary signs are generally prohibited for placement on public right-of-way, as opposed to completely prohibited; • Portable signs, identified as a specific kind of temporary sign, may be installed and maintained on public right-of-way subject to the criteria that now provide that sidewalk right-of-way placement is acceptable, but as close to the building as possible, and in no event less than 3 feet from any street or parking curb; • Portable signs are allowed throughout the City, as opposed to limited to placement in downtown and uptown; and • Portable signs will have a permit term that ends thirty (30) days after the term of the interim urgency ordinance to ensure a smooth transition for permit holders to the City's new comprehensive sign ordinance. The existing interim urgency ordinance expires on November 10, 2017. Although this Interim Urgency Ordinance will be effective immediately, the new sign ordinance will take longer to go into effect after its introduction (approval on first reading). Since the Council will meet at a special meeting on September 26, 2017 and then again at a regular meeting on October 4, 2017, and presuming that the Council introduces the comprehensive sign ordinance at the former meeting and adopts it at the latter meeting, the new sign ordinance will be effective on November 3, 2017. Staff recommends that the term of this interim urgency ordinance extend to a date consistent with Ordinance 1934, until November 10, 2017. Staff reminds the Council that in order to adopt this Interim Urgency Ordinance, the Council must make findings that adoption is necessary for the immediate protection of the public peace, health, and safety by ensuring the timely and orderly consideration, adoption, and implementation of temporary sign regulations compliant with the constitutional guidelines of the Supreme Court, and reasonably preserving an orderly and balanced temporary sign program during the election cycles of 2017, where the proliferation of temporary signs would otherwise adversely affect public property and rights of way, and endanger the traveling public. ALTERNATIVES Reject this interim urgency ordinance maintain Ordinance 1934 with the understanding that the changes reflected in this staff report and in the proposed ordinance will not be made. 03 City Council Staff Report July 19, 2017-- Page 4 Interim Urgency Ordinance—Temporary Signs CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: There is no possibility the adoption of this Ordinance will have a significant effect on the environment. This Ordinance is therefore exempt from environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. FISCAL IMPACT Not analyzed herein. Edward Z. Kotkin, Marcus L. Fuller, MPA, P.E., P.L.S., City Attorney Assistant City Manager David H. Ready, Es ., City Manager Attachments: A. Legislative Draft Showing Revisions from Ordinance 1934 B. Proposed Interim Urgency Ordinance 04 ATTACHMENT A 05 ORDINANCE NO. AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS CALIFORNIA AMENDING PRIOR INTERIM URGENCY ORDINANCE 1934 RE INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS SUBJECT TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5, AND SUSPENDING SECTIONS 93.20.03.25, 93.20.07, 93.20.08, AND 93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO NOVEMBER 10, 2017. (4/5T"s Vote Required). City Attorney Summary The City currently enforces a myriad of regulations relating to the installation and maintenance of various temporary signs both on private property and the public right-of-way. These regulations are based on significant policy concerns and past practices. Case law calls into aspects of the City's temporary sign regulatory program into question. This interim urgency ordinance amends the interim constitutional regulations adopted several times with respect to temporary signs, pending finalization of the City's comprehensive update to its sign ordinance ensuring equitable and reasonable application of the interim City standards for residents and businesses throughout the City, and as a general matter during the upcoming election cycle. This interim urgency ordinance accomplishes these goals while providing the City Council adequate time to review, consider, and adopt appropriate and necessary time, place, and manner restrictions for temporary signs in the City as recommended by staff. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, FINDS: A. The City is responsible for providing appropriate and necessary time, place, and manner restrictions on temporary signs in the City. B. This Interim Urgency Ordinance provides a necessary update to the City's interim set of constitutional regulations previously adopted via Interim Urgency Ordinances 1893, 1912, 1922 and 1934: it addresses logistic problems that have come to the attention of City staff related to temporary signage. C. Adoption of this Interim Urgency Ordinance provides staff with adequate time to complete a long term project undertaken at the City Council's direction, to wit, the review consideration and adoption of updated appropriate and necessary time, place, and manner restrictions for temporary signage, an essential element of the City's comprehensive new sign ordinance, as well as reasonable design standards to ensure the quality of all temporary signage and inure to the benefit of residents, businesses and visitors. 06 Interim Urgency Ordinance No. Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. The provisions of Palm Springs Municipal Code Sections 93.20.03.25 (Definitions—Portable Open Sign), 93.20.07 (Permitted Signs— Real Estate), 93.20.08 (Permitted Signs — Temporary), and 93.20.10.C.4 (Signs on Vehicles) are hereby suspended during the period of time this Interim Ungency Ordinance remains in effect. SECTION 2. The following additional definitions shall apply to this Interim Urgency Ordinance: "Special Event" is any single event or series of events that occur on an infrequent basis and take place at a specific location in which the public is encouraged or invited to watch, listen, participate, or purchase goods and/or services, including, but not limited to, the following: a. Commercial sales, including pre- and post-holiday sales; b. Arts and crafts shows, trade shows, antique shows, and other similar events; C. Carnivals, fairs, circuses, and similar activities; d. Outdoor shows, concerts, and exhibitions; e. Annual events "Temporary sign" is any sign, handbill, or poster which is placed to advertise or announce a special event, or which pertains to a particular event or occurrence, or which is not permanently anchored or secured to a building and not having supports or braces permanently secured in the ground, including but not limited to "portable epeR signs" as provided for in this Interim Urgency Ordinance, "political signs," "election signs," and "real estate signs." Banners, pennants, pin wheels, ribbons, streamers, strings of light bulbs, inflatables, or similar devices intended for a limited period of display shall also be considered a peFtable-temporary signs. The term "temporary signs" does not include any sign posted, erected, or installed by the City, the County of Riverside, the State of California, or any other government agency or public utility in the exercise of its responsibilities or in furtherance of governmental speech. SECTION 3. Signs on Vehicles. No person shall drive, operate, move in or along, or park on any street or on public or private property, any truck, trailer, carriage, wagon, sled, or other vehicle on which is attached or maintained any sign except as otherwise permitted pursuant to California Vehicle Code Section 21100(p)(2), as may be amended from time to time. 07 Interim Urgency Ordinance No. Page 3 SECTION 4. Temporary Signs. A. A.Upon issuance of a City permit, uUp to two (2) free-standing temporary signs of up to eight (8) square feet or one free-standing temporary sign of up to sixteen (16) square and/or one window sign of no more than four (4) square feet may be maintained on one single family property or on commercial, industrial, or multifamily property. The seletwo (2) exceptions to these -64e--dimensional restrictions upon temporary signs shall be (i) portable signs, permitted in accordance with Section 93.20.09.B.5 as amended by Section 6 of this Interim Urgency Ordinance, and (ii) temporary signs consistent with Section 4.G. of this Interim Urgency Ordinance. Only one (1) of the temporary signs allowed hereunder may be such a portable sign or a temporary sign permitted under Section 4.G. B. A temporary sign associated with a special event shall not be installed more than thirty-one (31) days before the event and shall be removed no later than five (5) days after the event. A.C. Temporary signs with the sole--exceptions of 01 portable signs permitted in accordance with Section 93.20.09.B.5 as amended by Section 6 of this Interim Urgency Ordinance and ii temporary signs associated with a special event, may be permitted for a period of up to thirty (30) days. An extension of time may be granted for an additional thirty (30) days. 43. Temporary signs in commercial and industrial zones shall be governed by the same rules and regulations set forth in Section 93.20.05 that govern commercial and industrial signs. No limitation or restriction on signage established in Section 93.20.05 shall be modified by the City's issuance of a temporary sign permit. The total signage at env nart's Jar nreneFty, innl ,rl'nn temnorani signs and other signs shall not eXGeed the Festrictions set forth in SeGtaon 93.20.05. EG. Temporary signs in multi-family residential zones shall be governed by the same rules and regulations set forth in Section 93.20.06 that govern hotel, resort hotel, and apartment signs. No limitation or restriction on signage established in Section 93.20.06 shall be modified by the City's issuance of a temporary sign permit. The total amount of signage at any nartiGular t s and property, 6�rtinn om noran sign , ino Cher signs shall net evseed the r �'restr'stiens set forth in estion OQ n�22 y FB. Temporary signs, with the sole exception of "portable signs" permitted in accordance with Section 93.20.09.B.5 as amended by Section 6 of this Ordinance, shall not be installed or maintained on any public right-of--way_-er G. Banners pennants pin wheels ribbons streamers, strings of light bulbs, inflatables or similar devices intended for a limited period of display that are deemed a "temporary sign" hereunder shall only be permitted when the applicant seeking to use 08 Interim Urgency Ordinance No. Page 4 such a temporary sign submits a photograph or other to-scale graphic representation of the temporary sign in question that allows the City to determine that the proposed temporary sign does not create a nuisance, impede pedestrian traffic, or eliminate a 48- inch clear paved pathway for ADA access must be maintained at all times. HG. Except as otherwise provided by this Interim Urgency Ordinance, temporary signs shall not be installed or maintained under any circumstances on any public property, including without limitation trees, public utility poles, and street signs. Except as otherwise expressly provided in this Ordinance, temporary signs shall only be placed on private property with the written consent of the property owner. IHE. Nothing herein shall be interpreted as prohibiting any person from carrying a temporary sign within a public right-of-way as allowed in Section 11.28.050 of this Code. SECTION 5 The first sentence of Section 93.20.09 of the Palm Springs Municipal Code to wit the preamble reflected before the enumeration of the lettered and numbered subdivisions and subsections thereof, is amended to read: With the exception of Section 93.20.09.B.5, which Section as adopted by this Ordinance shall apply throughout the entire City, the following regulations and guidelines shall apply in Redevelopment Project Areas 1 & 6 only. In the event of a conflict between these provisions and the remainder of the sign ordinance these provisions shall prevail. SECTION 56. Section 93.20.09.B.5 of the Palm Springs Municipal Code is amended to read: 5. Portable Signs. Except where another permitted outdoor display has been authorized (postcard rack, art displays, etc.), upon issuance of a City permit, one (1) portable open sign is allowed for each tenant space for a term that will expire thirty (30) days after this Interim Urgency Ordinance expires or is otherwise terminated, -subject to the following requirements: a. One (1) portable open sign is allowed per tenant space. Multiple businesses within a single tenant space shall be limited to one (1) portable sign overall. b. A portable open- 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 as possible and in no event less than 3 feet from any street or parking curb; however, in no case may any sign 09 Interim Urgency Ordinance No. Page 5 impede pedestrian traffic. A 48-inch wide clear paved pathway for ADA access must be maintained at all times. C. A portable open sign shall not exceed 42 inches in height and 32 inches in width. The sign may be two-sided. d. The sign frame may be a single- or two-pole metal frame, or it may be an A-frame. The sign may be either chrome, black or white. e. The sign frame shall include a heavy base to prevent unintended movement caused by wind or other minimal force. Signs which require additional weighting (sandbag, concrete block, etc.) are not allowed. f. The sign copy shall be produced professionally — signs created by hand or home computer software are not allowed. g. No lighting, balloons, or other attachments are allowed. h. The Director of Planning Services shall prepare and implement administrative rules, regulations, and guidelines consistent with, and in furtherance of, the provisions of this Subsection. SECTION 76. —. Message Substitution. A. Subject to the consent of the land owner and the sign owner, a constitutionally protected noncommercial message of any type may be substituted, in whole or in part, in place of any commercial message or any other noncommercial message on a sign if the sign structure or mounting device is legal without consideration of message content. Similarly, an onsite commercial message may be substituted for another commercial message on an on-site sign if the substitution does not also involve a change of the physical structure or mounting device for the sign. Such message substitutions may be made without any additional approval or permitting. B. The purposes of this Ssection 6 of this Interim Urgency Ordinance is afe-to prevent any inadvertent favoring of commercial speech over noncommercial speech or of any particular noncommercial message over any other noncommercial message and to allow a change of commercial messages on an on-site sign without a new permit. C. This Ssection 6 does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. This section does not allow the substitution of an off-site commercial message in place of an on-site commercial message or the conversion of a sign to general 10 Interim Urgency Ordinance No. Page 6 advertising for hire. D. In addition to message substitution, whenever a parcel has a right to display area that is unused, that area may be used for constitutionally protected non-commercial messages on temporary signs, without permits or approvals; it may also be used for display of noncommercial messages on permanent structures, if the structure is properly permitted. E. This Section supersedes and prevails over any more specific contrary or inconsistent provision to the seR#aity within the City's sign ordinance. SECTION 87. CEQA. The City Council finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance will have a significant effect on the environment. This Ordinance is therefore exempt from environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. SECTION 98. Findings. The adoption of this amendment to Interim Urgency Ordinance Nos. 1893, 'o" and 19221934 is necessary for the immediate protection of the public peace, health, and safety by ensuring the timely and orderly consideration, adoption, and implementation of temporary sign regulations compliant with the constitutional guidelines of the Supreme Court, and reasonably preservinges an orderly and balanced temporary sign program during the election cycles of 2017, where the proliferation of temporary signs would otherwise adversely affect public property and rights of way, and endanger the traveling public. In accordance with Section 312 of the Palm Springs City Charter, the City Council of the City of Palm Springs finds and determines that the adoption of this Interim Urgency Ordinance is necessary to ensure the immediate protection of the public peace, health, and safety. SECTION 109. Effective Date. The City Council hereby declares, on the basis of the findings set forth in the true and correct Recitals above, incorporated by this reference herein, and in Section 98 above, that an urgency ordinance is warranted and that this Interim Urgency Ordinance is necessary to preserve the public peace, health and safety. Accordingly, this Interim Urgency Ordinance is adopted as are urgency GF& aasesuch, and shall take effect and be in force immediately upon its adoption. This Interim Urgency Ordinance shall expire on November 10, 2017 unless otherwise extended by action of the City Council prior to such date. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 6th nth-DAY OF jW= SEPTEMBER, 2017. ATTEST: ROBERT MOON, MAYOR � 1 Interim Urgency Ordinance No. Page 7 KATHLEEN D. HART, MMC INTERIM CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Interim Urgency Ordinance No. is a full, true and correct copy, and adopted at a regular meeting of the City Council held on the 49'h-61h day of dtoSeptember, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: KATHLEEN D. HART, MMC INTERIM CITY CLERK 12 ATTACHMENT B ORDINANCE NO. AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PRIOR INTERIM URGENCY ORDINANCE 1934 RE INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS SUBJECT TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5, AND SUSPENDING SECTIONS 93.20.03.25, 93.20.07, 93.20.08, AND 93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO NOVEMBER 10, 2017. (4/5T"S Vote Required). City Attorney Summary The City currently enforces a myriad of regulations relating to the installation and maintenance of various temporary signs both on private property and the public right-of-way. These regulations are based on significant policy concerns and past practices. Case law calls into aspects of the City's temporary sign regulatory program into question. This interim urgency ordinance amends the interim constitutional regulations adopted several times with respect to temporary signs, pending finalization of the City's comprehensive update to its sign ordinance, ensuring equitable and reasonable application of the interim City standards for residents and businesses throughout the City, and as a general matter during the upcoming election cycle. This interim urgency ordinance accomplishes these goals while providing the City Council adequate time to review, consider, and adopt appropriate and necessary time, place, and manner restrictions for temporary signs in the City as recommended by staff. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS: A. The City is responsible for providing appropriate and necessary time, place, and manner restrictions on temporary signs in the City. B. This Interim Urgency Ordinance provides a necessary update to the City's interim set of constitutional regulations previously adopted via Interim Urgency Ordinances 1893, 1912, 1922 and 1934; it addresses logistic problems that have come to the attention of City staff related to temporary signage. C. Adoption of this Interim Urgency Ordinance provides staff with adequate time to complete a long term project undertaken at the City Council's direction, to wit, the review consideration, and adoption of updated appropriate and necessary time, place, and manner restrictions for temporary signage, an essential element of the City's comprehensive new sign ordinance, as well as reasonable design standards to ensure the quality of all temporary signage and inure to the benefit of residents, businesses and visitors. 14 Interim Urgency Ordinance No. Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. The provisions of Palm Springs Municipal Code Sections 93.20.03.25 (Definitions—Portable Open Sign), 93.20.07 (Permitted Signs— Real Estate), 93.20.08 (Permitted Signs — Temporary), and 93.20.10.C.4 (Signs on Vehicles) are hereby suspended during the period of time this Interim Urgency Ordinance remains in effect. SECTION 2. The following additional definitions shall apply to this Interim Urgency Ordinance: "Special Event" is any single event or series of events that occur on an infrequent basis and take place at a specific location in which the public is encouraged or invited to watch, listen, participate, or purchase goods and/or services, including, but not limited to, the following: a. Commercial sales, including pre- and post-holiday sales; b. Arts and crafts shows, trade shows, antique shows, and other similar events; C. Carnivals, fairs, circuses, and similar activities; d. Outdoor shows, concerts, and exhibitions; e. Annual events "Temporary sign" is any sign, handbill, or poster which is placed to advertise or announce a special event, or which pertains to a particular event or occurrence, or which is not permanently anchored or secured to a building and not having supports or braces permanently secured in the ground, including but not limited to "portable signs" as provided for in this Interim Urgency Ordinance, "political signs," "election signs," and "real estate signs." Banners, pennants, pin wheels, ribbons, streamers, strings of light bulbs, inflatables, or similar devices intended for a limited period of display shall also be considered temporary signs. The term "temporary signs" does not include any sign posted, erected, or installed by the City, the County of Riverside, the State of California, or any other government agency or public utility in the exercise of its responsibilities or in furtherance of governmental speech. SECTION 3. Signs on Vehicles. No person shall drive, operate, move in or along, or park on any street or on public or private property, any truck, trailer, carriage, wagon, sled, or other vehicle on which is attached or maintained any sign except as otherwise permitted pursuant to California Vehicle Code Section 21100(p)(2), as may be amended from time to time. SECTION 4. Temporary Signs. A. Upon issuance of a City permit, up to two (2) free-standing temporary signs of up to eight (8) square feet or one free-standing temporary sign of up to sixteen (16) square and/or one window sign of no more than four (4) square feet may be maintained on one single family property or on commercial, industrial, or multifamily property. The two (2) 15 Interim Urgency Ordinance No. Page 3 exceptions to these dimensional restrictions upon temporary signs shall be (i) portable signs, permitted in accordance with Section 93.20.09.B.5 as amended by Section 6 of this Interim Urgency Ordinance, and (H) temporary signs consistent with Section 4.G. of this Interim Urgency Ordinance. Only one (1) of the temporary signs allowed hereunder may be such a portable sign or a temporary sign permitted under Section 4.G. B. A temporary sign associated with a special event shall not be installed more than thirty-one (31) days before the event and shall be removed no later than five (5) days after the event. C. Temporary signs, with the exceptions of (i) portable signs permitted in accordance with Section 93.20.09.B.5 as amended by Section 6 of this Interim Urgency Ordinance and (ii) temporary signs associated with a special event, may be permitted for a period of up to thirty (30) days. An extension of time may be granted for an additional thirty (30) days. D. Temporary signs in commercial and industrial zones shall be governed by the same rules and regulations set forth in Section 93.20.05 that govern commercial and industrial signs. No limitation or restriction on signage established in Section 93.20.05 shall be modified by the City's issuance of a temporary sign permit. E. Temporary signs in multi-family residential zones shall be governed by the same rules and regulations set forth in Section 93.20.06 that govern hotel, resort hotel, and apartment signs. No limitation or restriction on signage established in Section 93.20.06 shall be modified by the City's issuance of a temporary sign permit. F. Temporary signs, with the sole exception of "portable signs" permitted in accordance with Section 93.20.09.B.5 as amended by Section 6 of this Ordinance, shall not be installed or maintained on any public right-of-way. G. Banners, pennants, pin wheels, ribbons, streamers, strings of light bulbs, inflatables, or similar devices intended for a limited period of display that are deemed a "temporary sign" hereunder shall only be permitted when the applicant seeking to use such a temporary sign submits a photograph or other to-scale graphic representation of the temporary sign in question that allows the City to determine that the proposed temporary sign does not create a nuisance, impede pedestrian traffic, or eliminate a 48- inch clear paved pathway for ADA access must be maintained at all times. H. Except as otherwise provided by this Interim Urgency Ordinance, temporary signs shall not be installed or maintained under any circumstances on any public property, including without limitation trees, public utility poles, and street signs. Except as otherwise expressly provided in this Ordinance, temporary signs shall only be placed on private property with the written consent of the property owner. I. Nothing herein shall be interpreted as prohibiting any person from carrying a temporary sign within a public right-of-way as allowed in Section 11.28.050 of this Code. 16 Interim Urgency Ordinance No. Page 4 SECTION 5. The first sentence of Section 93.20.09 of the Palm Springs Municipal Code, to wit, the preamble reflected before the enumeration of the lettered and numbered subdivisions and subsections thereof, is amended to read: With the exception of Section 93.20.09.B.5, which Section, as adopted by this Ordinance, shall apply throughout the entire City, the following regulations and guidelines shall apply in Redevelopment Project Areas 1 & 6 only. In the event of a conflict between these provisions and the remainder of the sign ordinance, these provisions shall prevail. SECTION 6. Section 93.20.09.6.5 of the Palm Springs Municipal Code is amended to read: 5. Portable Signs. Except where another permitted outdoor display has been authorized (postcard rack, art displays, etc.), upon issuance of a City permit, one (1) portable sign is allowed for each tenant space, for a term that will expire thirty (30) days after this Interim Urgency Ordinance expires or is otherwise terminated, subject to the following requirements: a. One (1) portable sign is allowed per tenant space. Multiple businesses within a single tenant space shall be limited to one (1) portable sign overall. b. 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 as possible, and in no event less than 3 feet from any street or parking curb; however, in no case may any sign impede pedestrian traffic. A 48-inch wide clear paved pathway for ADA access must be maintained at all times. C. A portable sign shall not exceed 42 inches in height and 32 inches in width. The sign may be two-sided. d. The sign frame may be a single- or two-pole metal frame, or it may be an A-frame. The sign may be either chrome, black or white. e. The sign frame shall include a heavy base to prevent unintended movement caused by wind or other minimal force. Signs which require additional weighting (sandbag, concrete block, etc.) are not allowed. f. The sign copy shall be produced professionally — signs created by hand or home computer software are not allowed. g. No lighting, balloons, or other attachments are allowed. h. The Director of Planning Services shall prepare and implement administrative rules, regulations, and guidelines consistent with, and in furtherance of, the provisions of this Subsection. .i Interim Urgency Ordinance No. Page 5 SECTION 7. Message Substitution. A. Subject to the consent of the land owner and the sign owner, a constitutionally protected noncommercial message of any type may be substituted, in whole or in part, in place of any commercial message or any other noncommercial message on a sign if the sign structure or mounting device is legal without consideration of message content. Similarly, an onsite commercial message may be substituted for another commercial message on an on-site sign if the substitution does not also involve a change of the physical structure or mounting device for the sign. Such message substitutions may be made without any additional approval or permitting. B. The purpose of this Section 6 of this Interim Urgency Ordinance is to prevent any inadvertent favoring of commercial speech over noncommercial speech or of any particular noncommercial message over any other noncommercial message and to allow a change of commercial messages on an on-site sign without a new permit. C. This Section 6 does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. This section does not allow the substitution of an off-site commercial message in place of an on-site commercial message or the conversion of a sign to general advertising for hire. D. In addition to message substitution, whenever a parcel has a right to display area that is unused, that area may be used for constitutionally protected non-commercial messages on temporary signs, without permits or approvals; it may also be used for display of noncommercial messages on permanent structures, if the structure is properly permitted. E. This Section supersedes and prevails over any more specific contrary or inconsistent provision to within the City's sign ordinance. SECTION 8. CEQA. The City Council finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance will have a significant effect on the environment. This Ordinance is therefore exempt from environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. SECTION 9. Findings. The adoption of this amendment to Interim Urgency Ordinance No. 1934 is necessary for the immediate protection of the public peace, health, and safety by ensuring the timely and orderly consideration, adoption, and implementation of temporary sign regulations compliant with the constitutional guidelines of the Supreme Court, and reasonably preserving an orderly and balanced temporary sign program during the election cycles of 2017, where the proliferation of temporary signs would otherwise adversely affect public property and rights of way, and endanger the traveling public. In accordance with Section 312 of the Palm Springs City Charter, the City Council of the City of Palm Springs finds and determines that the adoption of this Interim Urgency Ordinance is necessary to ensure the immediate protection of the public peace, health, and safety. 18 Interim Urgency Ordinance No. Page 6 SECTION 10. Effective Date. The City Council hereby declares, on the basis of the findings set forth in the true and correct Recitals above, incorporated by this reference herein, and in Section 9 above, that an urgency ordinance is warranted and that this Interim Urgency Ordinance is necessary to preserve the public peace, health and safety. Accordingly, this Interim Urgency Ordinance is adopted as such, and shall take effect and be in force immediately upon its adoption. This Interim Urgency Ordinance shall expire on November 10, 2017 unless otherwise extended by action of the City Council prior to such date. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 6th DAY OF SEPTEMBER, 2017. ATTEST: ROBERT MOON, MAYOR KATHLEEN D. HART, MMC INTERIM CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Interim Urgency Ordinance No. is a full, true and correct copy, and adopted at a regular meeting of the City Council held on the 6th day of September, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: KATHLEEN D. HART, MMC INTERIM CITY CLERK 1. 9