HomeMy WebLinkAbout7/19/2017 - STAFF REPORTS - 3.C. ,VIXLM SA
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'F°"N�P CITY COUNCIL STAFF REPORT
DATE: July 19, 2017 LEGISLATION
SUBJECT: ADOPTION OF AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, EXTENDING PRIOR INTERIM
URGENCY ORDINANCES 1893, 1912 and 1922, IMPOSING 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 ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND
93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO
SEPTEMBER 29, 2017. (4/5T"s Vote Required)
FROM: David H. Ready, City Manager
BY: Edward Z. Kotkin, City Attorney
SUMMARY
The City is in the process of completing a significant project, revision and update of its
sign ordinance. The City Council provided direction with respect to revisions that had to
be made to the last iteration of the sign ordinance presented to the Council on May 17,
2017. In September, staff will be presenting what it anticipates will be the final revision of
the sign ordinance, the related repeal of the City's "Sit and Lie" ordinance, and the
ordinance crafted by the Police Department and City Attorney to ensure that the City has
adequate authority to keep the City's sidewalks, adjacent curbs and all right-of-way safe
and clear in the wake of the repeal of"sit and lie." The Council will recall that the new sign
ordinance is the product of a process incorporating significant Council input, and provides
standards based on time, place, and manner considerations and to minimize standards
based on the content of signs. It also allows portable signs to be maintained on public
sidewalks within commercial areas of the City, subject to objective design and locational
requirements. Since the sign ordinance has already been adequately considered and
approved by the Planning Commission, the only remaining step in this process will be the
Council consideration of the sign ordinance in September. The current interim urgency
ordinance adopted on April 5, 2017 expires on July 21, 2017. In order to allow 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 all related items, the staff recommends the urgency
ordinance be extended to September 29, 2017.
ITEM NO.
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Cq<<FORO CITY COUNCIL STAFF REPORT
DATE: July 19, 2017 LEGISLATION
SUBJECT: ADOPTION OF AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, EXTENDING PRIOR INTERIM
URGENCY ORDINANCES 1893, 1912 and 1922, IMPOSING 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 ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND
93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO
SEPTEMBER 29, 2017. (4/5T"s Vote Required)
FROM: David H. Ready, City Manager
BY: Edward Z. Kotkin, City Attorney
SUMMARY
The City is in the process of completing a significant project, revision and update of its
sign ordinance. The City Council provided direction with respect to revisions that had to
be made to the last iteration of the sign ordinance presented to the Council on May 17,
2017. In September, staff will be presenting what it anticipates will be the final revision of
the sign ordinance, the related repeal of the City's "Sit and Lie" ordinance, and the
ordinance crafted by the Police Department and City Attorney to ensure that the City has
adequate authority to keep the City's sidewalks, adjacent curbs and all right-of-way safe
and clear in the wake of the repeal of"sit and lie." The Council will recall that the new sign
ordinance is the product of a process incorporating significant Council input, and provides
standards based on time, place, and manner considerations and to minimize standards
based on the content of signs. It also allows portable signs to be maintained on public
sidewalks within commercial areas of the City, subject to objective design and locational
requirements. Since the sign ordinance has already been adequately considered and
approved by the Planning Commission, the only remaining step in this process will be the
Council consideration of the sign ordinance in September. The current interim urgency
ordinance adopted on April 5, 2017 expires on July 21, 2017. In order to allow 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 all related items, the staff recommends the urgency
ordinance be extended to September 29, 2017.
REM NO.3'
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c'`'FOR"�p+ CITY COUNCIL STAFF REPORT
DATE: July 19, 2017 LEGISLATION
SUBJECT: ADOPTION OF AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, EXTENDING PRIOR INTERIM
URGENCY ORDINANCES 1893, 1912 and 1922, IMPOSING 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 ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND
93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO
NOVEMBER 10, 2017. (4/5T"sVote Required)
FROM: David H. Ready, City Manager
BY: Edward Z. Kotkin, City Attorney
SUMMARY
The City is in the process of completing a significant project, revision and update of its
sign ordinance. The City Council provided direction with respect to revisions that had to
be made to the last iteration of the sign ordinance presented to the Council on May 17,
2017. In September, staff will be presenting what it anticipates will be the final revision
of the sign ordinance, the related repeal of the City's "Sit and Lie" ordinance, and the
ordinance crafted by the Police Department and City Attorney to ensure that the City
has adequate authority to keep the City's sidewalks, adjacent curbs and all right-of-way
safe and clear in the wake of the repeal of "sit and lie." The Council will recall that the
new sign ordinance is the product of a process incorporating significant Council input,
and provides standards based on time, place, and manner considerations and to
minimize standards based on the content of signs. It also allows portable signs to be
maintained on public sidewalks within commercial areas of the City, subject to objective
design and locational requirements. Since the sign ordinance has already been
adequately considered and approved by the Planning Commission, the only remaining
step in this process will be the Council consideration of the sign ordinance in
September. The current interim urgency ordinance adopted on April 5, 2017 expires on
July 21, 2017. In order to allow 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 all
related items, the staff recommends the urgency ordinance be extended to
November 10, 2017.
ITEM NO. 3 C
City Council Staff Report
July 19, 2017-- Page 2
Sign Ordinance
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, EXTENDING PRIOR INTERIM URGENCY ORDINANCES 1893, 1912
and 1922, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND
MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS SUBJECT
TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.13.5, AND SUSPENDING
ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND 93.20.10.C.4 OF, THE PALM
SPRINGS MUNICIPAL CODE, TO OCTOBER 27, 2017." (4/5ths Vote Required)
STAFF ANALYSIS
The Council has previously considered the substance of the proposed interim urgency
ordinance presented now (See ATTACHMENT A) on three (3) occasions. In each
instance, the purpose of the interim urgency ordinance has been the same —to 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
As is reflected, the Council's most recent consideration of an interim urgency ordinance
took place on April 5, 2017. The staff report and minutes corresponding to that adoption
are attached to this report as ATTACHMENT B.
The Council previously adopted imposed and extended an urgency ordinance regarding
temporary signs in the City pending completion of Council's consideration of this
ordinance. The urgency ordinance expires on July 21 , 2017. Although this Interim
Urgency Ordinance will be effective immediately, the new sign ordinance will take no less
than a month and a half to go into effect after its introduction (approval on first reading).
Since the Council will not be meeting during August, and presuming that the Council
introduces the sign ordinance at the first meeting in September, the earliest that the new
sign ordinance will be effective is mid-October. Staff recommends that the term of this
interim urgency ordinance extend until November 10, 2017.
ALTERNATIVES
Reject this interim urgency ordinance and allow reversion to currently suspended
ordinances regulating signage deemed appropriate for suspension (93.20.07 [Permitted
Signs — Real Estate], 93.20.08 [Permitted Signs — Temporary], and 93.20.10.C.4 [Signs
on Vehicles]), and to Section 93.20.09.B.5 re Accessory and Convenience Signs,
Portable Open Signs as last adopted
02
City Council Staff Report
July 19, 2017-- Page 2
Sign Ordinance
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, EXTENDING PRIOR INTERIM URGENCY ORDINANCES 1893, 1912
and 1922, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND
MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS
SUBJECT TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.13.5, AND
SUSPENDING ENFORCEMENT OF SECTIONS 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)
STAFF ANALYSIS
The Council has previously considered the substance of the proposed interim urgency
ordinance presented now (See ATTACHMENT A) on three (3) occasions. In each
instance, the purpose of the interim urgency ordinance has been the same — to 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
As is reflected, the Council's most recent consideration of an interim urgency ordinance
took place on April 5, 2017. The staff report and minutes corresponding to that adoption
are attached to this report as ATTACHMENT B.
The Council previously adopted imposed and extended an urgency ordinance regarding
temporary signs in the City pending completion of Council's consideration of this
ordinance. The urgency ordinance expires on July 21, 2017. Although this Interim
Urgency Ordinance will be effective immediately, the new sign ordinance will take no
less than a month and a half to go into effect after its introduction (approval on first
reading). Since the Council will not be meeting during August, and presuming that the
Council introduces the sign ordinance at the first meeting in September, the earliest that
the new sign ordinance will be effective is mid-October. Staff recommends that the term
of this interim urgency ordinance extend until November 10, 2017.
ALTERNATIVES
Reject this interim urgency ordinance and allow reversion to currently suspended
ordinances regulating signage deemed appropriate for suspension (93.20.07 [Permitted
Signs — Real Estate], 93.20.08 [Permitted Signs — Temporary], and 93.20.10.C.4 [Signs
on Vehicles]), and to Section 93.20.09.B.5 re Accessory and Convenience Signs,
Portable Open Signs as last adopted
02
City Council Staff Report
July 19, 2017 -- Page 3
Sign Ordinance
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, M cus L. Fuller, PA, P.E., P.L.S.,
City Attorney Assistant City Manager
David H. Ready, Esq.,
City Manager
Attachments:
A. Interim Urgency Ordinance
B. Staff Report and Minutes, April 5, 2017
03
ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, EXTENDING PRIOR
INTERIM URGENCY ORDINANCES 1893, 1912 and 1922,
IMPOSING 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 ENFORCEMENT OF
SECTIONS 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 will provide an interim set of constitutional regulations that will
adequately address problems associated with temporary signs during
upcoming election cycles 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. The United States Supreme Court in the case of Reed v. Town of Gilbert (2015)
135 S.Ct. 2218 struck down several provisions of the Town of Gilbert's sign regulations
that imposed different time, place, and manner restrictions on temporary signs that
depended entirely on the communicative content of each sign. It is apparent amendments
to the City of Palm Springs sign ordinance may be desirable to avoid any potential
challenge in light of the Reed decision.
C. Several community interests are invested in significant aspects of the City's sign
ordinance, including realtors, downtown merchants, and local businesses. In addition,
any amendment to the City's sign ordinance also requires involvement of the City's
Planning Commission. In order to ensure a timely and thorough review of the City's sign
ordinance without enduring significant risk of legal challenge to the existing Code, the City
Council has determined that the adoption of an interim urgency ordinance that imposes
direct, immediate and short-term temporary sign regulations are necessary and
Oil
Interim Urgency Ordinance No.
Page 2
appropriate.
D. This interim urgency ordinance will provide an interim set of constitutional
regulations that addresses problems associated with temporary signs during the
upcoming election cycles while providing the Planning Commission and the City Council
adequate time to review, consider, and adopt appropriate and necessary time, place, and
manner restrictions for temporary signs in the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
SECTION 1. The provisions of Palm Springs Sections 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 Ordinance remains in
effect.
SECTION 2. The following definitions shall apply to this 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 open signs',
"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 portable sign. The term "temporary
signs" do 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.
[}j
Interim Urgency Ordinance No.
Page 3
SECTION 4. Temporary Signs.
A. Up to two 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. 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.
B. 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. The total signage at any particular property, including temporary signs
and other signs shall not exceed the restrictions set forth in Section 93.20.05.
C. 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. The total amount of signage at any particular property, including
temporary signs and other signs shall not exceed the restrictions set forth in Section
93.20.06.
D. Temporary signs shall not be installed or maintained on any public right of way or
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.
E. 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. Section 93.20.09.B.5 of the Palm Springs Municipal Code is
amended to read:
5. Portable Open Signs.
Except where another permitted outdoor display has been authorized (postcard rack, art
displays, etc.), one portable open sign is allowed for: (i) each tenant space in the C-B-D
zone and (ii)with frontage on North Palm Canyon Drive between Alejo Road and Racquet
Club Road or(iii) with frontage on Indian Canyon Drive between Ramon Road and Alejo
Road, subject to the following requirements:
a. One portable open sign is allowed per tenant space. Multiple businesses within a
single tenant space shall be limited to one 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 sign may be placed in
the sidewalk public right-of-way, no less than 3 feet from any street or parking curb;
however, in no case may any sign impede pedestrian traffic. A 48-inch clear paved
pathway for ADA access must be maintained at all times.
06
Interim Urgency Ordinance No.
Page 4
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 6. 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 section are 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 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.
07
Interim Urgency Ordinance No.
Page 5
E. This Section prevails over any more specific provision to the contrary within the
City's sign ordinance.
SECTION 7. 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 8. Findings. The adoption of this extension to Interim Urgency
Ordinance Nos. 1893, 1912 and 1922 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 preserves an orderly and
balanced temporary sign program during the election cycles of 2017 where the
proliferation of temporary signs would 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 9. 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 8 above, that an urgency ordinance is warranted and that this
Ordinance is necessary to preserve the public peace, health and safety. Accordingly, this
Ordinance is adopted as an urgency ordinance and shall take effect and be in force
immediately upon its adoption. This 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 19t^ DAY OF JULY, 2017.
ATTEST: ROBERT MOON, MAYOR
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
08
Interim Urgency Ordinance No.
Page 6
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 1 gth day of July, 2017, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
09
City Council Minutes Page 9
April 5, 2017
2) Approve a Purchase Order in the amount of$56,336 with Albert A.
Webb Associates for design services related to the Vista Chino (State
Route 111) at Via Miraleste Traffic Signal Installation, CP 17-03. A6443.
3) Authorize the City Manager to execute all necessary documents.
Motion by Mayor Pro Tern Foat, seconded by Councilmember
Roberts, and unanimously carried on a roll call vote.
2. PUBLIC HEARINGS: None.
3. LEGISLATIVE:
3.A. INITIATE AND REFER TO THE PLANNING COMMISSION AN
ORDINANCE RELATING TO THE CITY'S SIGN ORDINANCE AND
EXTEND INTERIM URGENCY ORDINANCES 1893 AND 1912
IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND
MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM
SPRINGS TO JULY 21, 2017:
Douglas Holland, City Attorney, provided the background information as
noted in the staff report.
Councilmember Mills requested clarification and modifications in the
following areas:
1. Portable signs in commercial zones.
2. Section 93.20.04, subsection 2, Sign on Public Property or Rights-
of-Way.
3. Section 93.20.05, subsection C, Portable Signs.
4. Portable signs complying with ADA requirements; does not feel 48"
is adequate and feels it should be at least 72" for ease of
movement.
5. Portable sign designs with respect to "design criteria established by
the Director of Planning Services.
Councilmember Roberts stated concerns and/or requested clarification on
the following:
1. Support of A-frame signs to be in compliance with ADA
requirements. Wanting the businesses to be successful.
2. The need for quality signs and the criteria be set by the Director of
Planning Services or a Planning Commission subcommittee.
3. Inquired about the City's liability, and the need for the business
owner to assume full responsibility.
4. Section 93.20.04, subsection 2, Sign on Public Property or Rights-
of-Way.
5. Section 93.20.05, subsection B, 2, Permitted signs - Commercial
and Industrial Business, Permitted signs - Secondary signs.
10
City Council Minutes Page 10
April 5. 2017
6. The limit of signs on glazing to the first floor of the build.
7. Portable signs and the need for permits.
8. Human signage.
9. Temporary signs for an event, size, and duration.
10.Where will political signs be addressed?
Councilmember Kors spoke of concern, requested clarification, and
highlighted some key points:
1. Businesses with private patios. May they have a portable sign?
2. How will fines and multiple fines be handled?
3. Will their portable sign permit be revoked?
4. All commercial businesses throughout the City will be able to have
one portable sign, and not only within the Downtown and Uptown
areas.
5. Other opportunities have been provided i.e. blade signs, etc.
6. The need for permits prior to erecting signs.
Councilmember Kors asked the City Manager if it is possible to educate
the business owners of the current ADA laws with respect to portable
signs.
David Ready, City Manager, stated going forward staff will work with the
City's business partners i.e. Main Street etc. and will start an educational
program to educate prior to enforcement.
Mayor Pro Tem Foat stated there should be uniformity with respect to the
signs and the ordinance should include a "tacky clause".
Mayor Moon stated all the important points have been addressed and
looking forward to the comments from the Planning Commission.
Councilmember Mills stated though the ADA requires 48" sidewalk
clearance, it is his hope the Planning Commission will consider more than
48"for those with disabilities.
ACTION:
1) Initiate and refer to the Planning Commission for review and
comment, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 12.28.050, 14.16.010, 91.00.10,
AND 93.20.01 THROUGH 93.20.11 OF, AND REPEALING SECTION
12.12.055 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO
THE CITY'S SIGN ORDINANCE."
2) Waive the reading of the text in its entirety, read by title only, and
adopt Urgency Ordinance No. 1922, "AN INTERIM URGENCY
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
EXTENDING INTERIM URGENCY ORDINANCE NOS. 1893 and 1912
City Council Minutes Page 11
April 5, 2017
OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING 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 OF, AND
SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND
93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO JULY 21,
2017." (4/5THS Vote Required)
Motion by Councilmember Roberts, seconded by Councilmember
Kors, and unanimously carried on a roll call vote.
3.B. INTERIM URGENCY ORDINANCE REQUIRING THE IMPOSITION OF
CERTAIN TENANT RELOCATION AND PROTECTION AS A
CONDITION OF APPROVAL OF DISCRETIONARY LAND USE
ENTITLEMENTS:
Douglas Holland, City Attorney, provided background information which
based on recent actions with respect to the Epic Hotel.
Mayor Pro Tem Foat provided additional background information and
some key points of the urgency ordinance as follows:
1. Provide 90-day notice to tenants with respect to eviction or rent
increase.
2. Take into consideration the length of time of residency at the
location.
Councilmember Kors provided comments relating to the conversion of
apartments to hotels or condos as follows:
1. Maintaining the City's affordable housing stock.
2. Provide a 90-day notice to tenants.
3. Provide a 180-day notice to seniors and tenants with disabilities,
plus free rent.
4. Three (3) months' rent plus an additional month for each year of
residency for relocation.
Councilmember Mills stated this is the first time seeing it, and the public
has not had the opportunity to review and comment on this urgency
ordinance. Further, he stated he is not opposed to this urgency ordinance;
however, due to the fact the public has not had the opportunity to review it,
the urgency ordinance is not acceptable to him. He stated he will not
support this; however, he will support the urgency ordinance placed on the
next agenda.
Mayor Pro Tern Foat stated this is an urgency ordinance and cited the
example of the woman with children whose rent was increased over $150
per month, and the need to stop other incidents like this from taking place.
iy
ti O
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post P CITY COUNCIL STAFF REPORT
DATE: April 5, 2017 LEGISLATION
SUBJECT: INITIATE AND REFER TO THE PLANNING COMMISSION AN
ORDINANCE AMENDING SECTIONS 12.28.050, 14.16.010, 91.00,10,
AND 93.20.01 THROUGH 93.20.11 OF, AND REPEALING SECTION
12.12.055 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO
THE CITY'S SIGN ORDINANCE AND EXTEND INTERIM URGENCY
ORDINANCES 1893 AND 1912 IMPOSING INTERIM REGULATIONS
FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY
SIGNS IN THE CITY OF PALM SPRINGS TO JULY 21, 2017
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
This Ordinance amends provisions of the City's Sign Ordinance to provide standards
based on time, place, and manner considerations and to minimize standards based on
the content of signs. Consistent with the direction of the City Council, this Ordinance
also allows portable signs to be maintained on public sidewalks within commercial areas
of the City, subject to objective design and locational requirements. This Ordinance also
repeals the "Sit and Lie" Ordinance.
Since this Ordinance includes amendments to the City's Zoning Code, the Ordinance is
required to be forwarded to the Planning Commission for review and recommendation.
The current interim urgency ordinance expires on May 5, 2017. In order to allow
adequate time for Planning Commission to schedule and conduct a hearing and forward
its recommendations to the City Council, staff recommends the urgency ordinance be
extended to July 21, 2017.
RECOMMENDATIONS:
1. Initiate and refer to the Planning Commission for review and comment,
Ordinance No. , "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 12.28.050, 14.16.010, 91.00.10, AND 93.20.01
THROUGH 93.20.11 OF, AND REPEALING SECTION 12.12.055 OF, THE PALM
SPRINGS MUNICIPAL CODE RELATING TO THE CITY'S SIGN ORDINANCE."
2. Waive the reading of the text in its entirety, read by title only, and adopt Urgency
Ordinance No. "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NOS. 1893 y 3
REM NO.a. rT• .
City Council Staff Report
April 5, 2015--Page 2
Sign Ordinance
and 1912 OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING 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 OF, AND SUSPENDING ENFORCEMENT OF
SECTIONS 93.20.07, 93.20.08, AND 93.20.10.C.4 OF, THE PALM SPRINGS
MUNICIPAL CODE, TO JULY 21, 2017." (4/5T11 Vote Required).
STAFF ANALYSIS:
The United States Supreme Court several months ago issued a decision against the
Town of Gilbert, Arizona and its local sign ordinance. In this case, a church
congregation did not have a fixed location; it conducted its Sunday services at different
locations in the community every week. The pastor of this congregation placed
temporary signs directing the congregation and anyone else interested to the site of the
services. The pastor was cited for failing to include the event date on the signs and for
failing to remove the signs within the short period of time allowed for removal of such
signs under the local ordinance. The opinion of the Court, written by Justice Thomas,
struck down the Town's sign ordinance, finding that the Town's regulatory program was
"content based" and as such was subject to "strict scrutiny." (We note all nine justices
concurred with the result; there were three separate concurring opinions.)
A "content based" regulation is one that "applies to particular speech because of the
topic discussed or the idea or message expressed." The restrictions that applied to any
given sign depended solely on the communicative content of the sign. Signs pertaining
to elections were subject to different timing conditions than signs providing directions to
a temporary event. Signs pertaining to other topics or ideas were required to comply
with their own unique conditions. In an attempt to illuminate the issue, Justice Thomas
explained:
"If a sign informs its reader of the time and place a book club will discuss John Locke's
Two Treatises of Government, that sign will be treated differently from a sign expressing
the view that one should vote for one of Locke's followers in an upcoming election, and
both signs will be treated differently from a sign expressing an ideological view rooted in
Locke's theory of government. More to the point, the Church's signs inviting people to
attend its worship services are treated differently from signs conveying other types of
ideas."
As mentioned above, "content based" regulations are subject to "strict scrutiny," a
judicial standard that means a reviewing court can only uphold the regulation if the
government demonstrates that is the least restrictive means of achieving a compelling
government interest. This is a tough standard. One commentator reviewing the Gilbert
decision described this standard: "Strict scrutiny, like a Civil War wound, is generally
fatal."
The Town offered two governmental interests in support of the various distinctions in its
sign ordinance: preservation of the Town's aesthetic appeal and traffic safety. The Court
summarily dismissed both arguments, holding that even if aesthetics and traffic were
assumed to be compelling government interests, the distinctions established in the
14
City Council Staff Report
April 5, 2015--Page 3
Sign Ordinance
Town's sign ordinance were "hopelessly under inclusive." Temporary directional signs
are "no greater an eyesore" than ideological or political ones, yet the ordinance allowed
for the unlimited proliferation of larger ideological signs while strictly limiting the number,
size, and duration of smaller directional ones. In terms of traffic safety as a
governmental interest, the Town offered "no reason to believe that directional signs
pose a greater threat to safety than do ideological or political signs. If anything, a
sharply worded ideological sign seems more likely to distract a driver than a sign
directing the public to a nearby church meeting.
The Court found the differential treatment among signs to be arbitrary and the Town's
ordinance failed the strict scrutiny analysis. If the Town was truly concerned about
aesthetics and traffic safety, the Court noted there are several ways to regulate signs
that have nothing to do with the sign's message, including regulations regarding size,
materials, lighting, number of signs allowed in a given area, distinctions between signs
on private versus public property, distinctions between fixed message signs and
electronic signs with changing messages, moving parts, and portability.
Despite the bleak picture painted by Justice Thomas in the official opinion of the Court,
Justice Alito, joined by Justices Kennedy and Sotomayer, suggested that cities are not
"powerless to enact reasonable sign regulations" and offered some rules these three
justices opined "would not be content based:"
1. Rules regulating the size of signs. These rules may distinguish among
signs based on any content-neutral criteria, including any relevant criteria listed
below.
2. Rules regulating the locations in which signs may be placed. These rules
may distinguish between free-standing signs and those attached to bufldings.
3. Rules distinguishing between lighted and unlighted signs.
4. Rules distinguishing between signs with fixed messages and electronic
signs with messages that change.
5. Rules that distinguish between the placement of signs on private and
public property.
6. Rules distinguishing between the placement of signs on commercial and
residential property.
7. Rules distinguishing between on-premises and off-premises signs.
8. Rules restricting the total number of signs allowed per mile of roadway.
9. Rules imposing time restrictions on signs advertising a one-time event.
Rules of this nature do not discriminate based on topic or subject and are akin to
rules restricting the times within which oral speech or music is allowed.[']
1
City Council Staff Report
April 5, 2015--Page 4
Sign Ordinance
10. In addition to regulating signs put up by private actors, government entities
may also erect their own signs consistent with the principles that allow
governmental speech. . . . They may put up all manner of signs to promote
safety, as well as directional signs and signs pointing out historic sites and scenic
spots.
11. Today's decision will not prevent cities from regulating signs in a way that
fully protects public safety and serves legitimate esthetic objectives."
The Council subcommittee has met several times with various interested parties and
constituencies and consistent with the direction of this Council at a previous Council
meeting, has developed an approach that would allow portable A-frame style signs on
City sidewalks within commercial areas of the City, including Downtown and Uptown,
subject to specific guidelines and requirements. These requirements are generally as
follows:
1. 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 sign may be
placed in the sidewalk public right-of-way, no less than 3 feet from any street or
parking curb; however, in no case may any sign impede pedestrian traffic. A 48-
inch 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; the portable sign shall not be allowed if all of the minimum
requirements for the placement of the portable sign as provided in this
Subsection C cannot be met.
2. A portable sign shall not exceed 42 inches in height and 32 inches in
width. The sign may be two-sided.
3. The portable signs will be subject to the following design standards:
a. Frame: The sign frame may be a single- or two-pole metal frame,
or it may be an A-frame. The sign may be of high quality, durable
construction, consistent with the design criteria established by the Director
of Planning Services.
b. Base Required: 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.
C. Sign Copy: The sign copy shall be produced professionally; signs
created by hand or home computer software are not allowed.
d. Attachments: No lighting, balloons, or other attachments are
allowed.
4. Each sign will requirement an annual permit pursuant to either the
encroachment process or an approved Sign Program.
16
City Council Staff Report
April 5, 2015--Page 5
Sign Ordinance
This ordinance includes several amendments to the City's Zoning Ordinance and
therefore requires the Planning Commission to conduct a public hearing and review and
comment on the proposed ordinance. Staff recommends the City refer the proposed
ordinance to the Planning Commission.
The Council previously imposed and extended an urgency ordinance regarding
temporary signs in the City pending completion of Council's consideration of this
ordinance. The urgency ordinance expires on May 5, 2017. Staff further recommends
the urgency 9rdpance be extended to July 21, 2017.
Douglas H Iland David H. Ready, Ph.D.
City Attorney City Manager
i7
ORDINANCE No.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 12.28.050,
14.16.010, 91.00.10, AND 93.20.01 THROUGH 93.20.11
OF, AND REPEALING SECTION 12.12.055 OF, THE
PALM SPRINGS MUNICIPAL CODE RELATING TO THE
CITY'S SIGN ORDINANCE.
City Attorney Summary
This Ordinance amends provisions of the City's Sign
Ordinance to provide standards based on time lace and
p , p ,
manner considerations and to minimize standards based on
the content of signs. This Ordinance also repeals the "Sit
and Lie"Ordinance.
The City Council of the City of Palm Springs City Council ordains:
SECTION 1. Amend Section 12.28.050 of the Palm Springs Municipal Code to read:
12.28.050 Parking For Certain Purposes Prohibited.
No person shall park a vehicle upon any roadway for the principal purpose of
washing, waxing, wiping, greasing, or repairing such vehicle except repairs necessitated
by an emergency.
SECTION 2. Amend Section 14.16.010 of the Palm Springs Municipal Code to amend
the definition of"Director":
"Director" means the Public Works Director of the City or the City Manager's designee.
SECTION 3. Amend Section 91.00.10 of the Palm Springs Municipal Code to amend
the definition of"Director":
`Director" means the Director of the Department of Planning Services of the City of
Palm Springs or the City Manager's designee.
SECTION 4. Amend the Sign Ordinance of the City of Palm Springs (PSMC Sections
93.20.01 through 93.20.11)to read:
93.20.00 Signs.
Sections 93.20.01 through 93.20.11 contain the regulations for signs in the City.
Page 1
93.20.01 Short Title.
Sections 93.20.00 through 93.20.11 may be referred to as the Sign Ordinance of
the City of Palm Springs.
93.20.02 Purpose.
A. Recognizing that Palm Springs is one of the country's foremost desert resorts,
the City Council finds that proper sign control is necessary to maintain the high
aesthetic values which both residents and visitors to the city have come to expect.
Signs shall complement the architecture of the building on which they are placed and/or
the immediate surroundings, including such elements as size, color, location, graphic
presentation, landscaping, lighting and construction material. The Sign Ordinance
provides equitable standards for all businesses to identify the location of goods and
services. Main identification sign(s) shall be allowed in conjunction with
accessory/convenience signs as necessary.
B. Therefore, the purpose of this Sign Ordinance is to provide standards to
safeguard fife, health, property and the public welfare and to provide the means for
adequate identification of businesses and other sign users by regulating and controlling
the design, size, color, illumination, movement, materials, height, condition, location and
maintenance of all signs placed on private property thereby ensuring the protection of
property values, the character of the City's neighborhoods, the creation of a convenient,
attractive, and harmonious community, while encouraging economic development and
activities in the City. The Sign Ordinance through the regulation of the use of on- j
premise and off-premise signs, whether temporary or permanent in nature, also
promotes the public health, safety, and general welfare of persons living, working,
walking, driving, or otherwise engaged in activities within the City. The Sign Ordinance
is intended to provide adequate visual identification of activities through commercial and
non-commercial speech display while regulating the design, quality of materials,
location, number, size, and maintenance of all signs and sign structures.
C. It is the intent of the City Council that the Sign Ordinance will balance the needs
of the City's residents, businesses, institutions, and visitors for adequate identification,
communication, and advertising with the objectives of protecting public safety and
welfare and preserving and enhancing the aesthetic character and environmental
values of the community, by (1) Encouraging communications that aid orientation and
promote economic vitality while preventing visual clutter that will detract from the
aesthetic character of the City; (2) Applying basic principles of good design and
sensitivity to community appearance to signage to avoid the creation of nuisances and
privacy violations that will degrade the value of surrounding properties; (3) Enhancing
safety by ensuring that signs are designed, constructed, installed, and maintained in
compliance with minimum standards necessary to provide adequate visibility and to
avoid the creation of hazards or unreasonable distractions for pedestrians or drivers;
and (4) Ensuring that the constitutionally-guaranteed right of free speech is protected.
Page 2 IF
� 9
D. In adopting the Sign Ordinance, including its concomitant regulation of signs on
public property and rights-of-way, the City Council acts in its proprietary capacity
consistent with the City's general powers, property rights, Sections 65850(b), 38774,
and 38775 of the Government Code, Section 5200 et seq. of the Business and
Professions Code, Section 556 et seq. of the Penal Code, and Section 200 of the City
Charter.
93.20.03 Definitions.
The following definitions shall apply to Sections 93.20.00 through 93.20.11 unless
another meaning is clearly apparent from the context.
"Abandoned sign" means a sign which no longer directs, advertises, or identifies a legal
business establishment, product or activity on the premises where such sign is
displayed.
"Abatement' means elimination and removal of any sign in violation of the Palm Springs
Sign Ordinance.
"Affixed" means to be attached in any manner, including, but not limited to, adhesive
substances or suction, or to be touching in any way, especially leaning against.
"Amortization" means the gradual extinction of nonconforming signs.
"Animated sign" means any sign with action or motion, color changes requiring electrical
energy, electronic or manufactured sources of supply which the copy changes
automatically or on which copy is changed manually (e.g., reader boards with
changeable letters).
"Arcade/blade sign" means a sign with text or graphics printed on both sides of a solid
surface attached perpendicular to the normal flow of traffic.
"Awning sign" means a graphic image that is painted on, or attached to, an awning,
canopy, or marque.
"Banner" means a sign composed of lightweight material either enclosed or not
enclosed in a rigid frame.
"Banner Sign" means a strip of cloth or other flexible material approved by the City
Manager on which a sign or message is painted calling attention to the City, its natural
advantages, resources, enterprises, attractions, climate, facilities, businesses, and
community.
"Building frontage" means the linear length of a building facing a public street, parking
lot, plaza or pedestrian mall.
"Cabinet sign" or "can sign" means a sign that contains all the text and/or logo symbols
on the display face within an enclosed cabinet.
"Canopy' means a permanent roof-like shelter extending from part or all of a building
face and constructed of some durable material which may or may not project over a
public right-of-way.
"Code Enforcement Official" means the City Manager or the City Managers designee
including without limitation the Building Official, the Police Chief, the Fire Marshall.
Page 3 20
"Directional sign, Sign District" means one or more signs located within a Sign District
primarily providing direction to guide vehicles and pedestrians to such Sign District and
businesses therein and can include signs identifying parking areas, circulation patterns,
and names of businesses.
"Directory Sign" means a sign identifying and locating residential, business or industrial
uses within a building, subdivision, planned development, center or complex.
"Directory sign, pedestrian" means a pedestrian oriented sign that provides an
organized list of names, people, offices, or facilities located within a given building or
area, located at a public access point to the building, including a lobby.
"Downtown" means that portion of the City within the boundaries of Alejo Road on the
north, Ramon Road on the south, Belardo Road/Museum Drive on the west and Indian
Canyon Drive on the east. This area includes both sides of Palm Canyon Drive, Amado
Road, Andreas Road, Tahquitz Canyon Way, Arenas Road and Baristo Road within
such boundaries.
"Fascia Panel/Plaque Sign" means a sign mounted to a wall or other vertical surface
and does not project from the wall.
"Freestanding" or "monument sign" means any sign which is not attached to a building
or fence, or a wall attached to a building.
""Frontage" means that portion of a parcel of property which abuts a public street or
highway or approved private street and "building frontage" means the side of a building
closest to a public street or highway or approved private street.
"Government sign" means 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.
"Height of sign" means the distance measured from the adjacent finished grade to the
highest projection of the sign structure, including architectural design features.
"Main sign" means the largest single permitted sign on a property.
"Menu board" means a changeable point-or-purchase sign that provides a list of
products and prices.
"Multi-tenanted building" means a building containing more than one (1) individual
business within a shopping, professional, or industrial area.
"Mural" means a painting or artwork temporarily or permanently affixed to a building
wall, freestanding wall, or fence, distinguished from signage in that it does not advertise
a business, commercial endeavor, or product sold or offered on the site or off-site.
"Neighborhood entry sign" means a sign located on private property that identifies a
defined single-family neighborhood or subdivision.
"Nonconforming sign" means a sign lawfully erected but which does not conform to the
current provisions of the Sign Ordinance or approved Sign Program.
"Off-site," "billboard," and "off-premises signs, billboards and posters" means any sign
which advertises goods, products, services, or facilities not necessarily sold on the
premises on which the sign is located or displays advertising not related to the use of
the property upon which the sign exists.
Page 4 i
"Portable sign" means any small, portable, free-standing sign placed in front of a
business establishment (1) within a sign district where such signs have been approved
for use and maintenance as a component of a Sign Program or (2) on a public sidewalk
within a commercial zone where such sign has been approved pursuant to an
encroachment permit. For the purpose of the Sign Ordinance, a portable sign is deemed
a temporary sign.
"Restricted/limited residential complex" means any residential complex that controls
vehicuiarlpedestrian entry to the complex by virtue of wall and/or gate design.
"Service sign" means any assemblage of verbiage designed to advertise currently
available services or products offered by a business. The term "Service Sign' also
includes menu boards and variable message signs.
"Sign" means any identification, description, illustration or device illuminated or non-
illuminated, which is visible from any public place or is located on private property and
exposed to the public and which directs attention to a product, place, activity, person,
institution, business or solicitation with the exception of window display. Any emblem,
painting, banner, pennant, placard, lighting or other item, designed to advertise, identify
or convey information shall be considered a sign. National flags or flags of political
subdivisions shall not be construed as signs. Unless otherwise stated, an interior unlit
sign or graphic, other than sale sign, with letters or numbers less than two (2) inches
high per foot of distance from the glass at the frontage line shall be exempt from
provisions of the Sign Ordinance. Unless otherwise stated, the ordinance codified in this
section does not apply to signs located further than three (3) feet from the street front
glass.
i
a. This definition shall not include official notices issued by any court or
public body or officer or directional warning or information sign or structures
required by or authorized by law or by federal, state, county or city authority. Nor
shall it apply to an interior unlit sign or graphic, other than a sale sign, with letters
or numbers less than two (2) inches high per foot of distance from the street front
glass nor to signs located further than three (3) feet from the street front glass.
b. This definition shall not include murals as reviewed and approved by the
City Council pursuant to Chapter 5.81 of this Code.
"Sign area" means the the entire area within any type of perimeter or border, which
encloses the outer limits of any writing, representation, emblem, figure or character. The
area of a sign having no such perimeter or border shall be computed by enclosing the
entire area utilized by any writing, representation, emblem, figure or character within a
single continuous rectilinear perimeter of the smallest size and computing the area.
"Sign District" means a defined commercial and/or business area of the City consisting
of two or more legal lots of record where signs are subject to an approved Sign
Program.
"Sign Ordinance" means the "Sign Ordinance of the City of Palm Springs."
"Sign program" means design criteria established to guide the design and location of all
signs on a building or within a complex or a Sign District; Sign Programs can, but need
Page 5 G
not mandate specific elements such as material, color, size, location, lighting, and
uniformity.
"Special Event" is any single event or series of events that occur on an infrequent basis
and takes 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;
B. 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",
"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 temporary sign. The term
'temporary signs" does not include any government sign.
"Uptown" means that portion of the City within the boundaries of Alejo Road on the
south, Vista Chino on the north, the west side of Palm Canyon Drive on the west, and
Indian Canyon Drive on the east.
"Variable message sign" means a sign on which the copy can be changed, either
manually or electronically.
"Wall sign" means a sign painted on a wall. The term "wall sign" also means a flat sign
placed on or attached to a wall of a building, synonymous with the term "fascia
panel/plaque sign."
"Window sign" means a sign with text or graphics printed or etched into a window of a
structure. "Window sign" also means a sign displayed in the interior of a structure that
is clearly visible through an exterior window.
93.20.04 Prohibited Signs.
A. Any sign not specifically authorized by the Sign Ordinance shall be prohibited
unless required by law or utilized by a proper governmental agency.
B. The following signs are expressly prohibited:
1. Rotating, Moving, Flashing, Reflecting, Prismatic, or Blinking Signs.
Animated Signs, including without limitation signs which rotate, move flash,
reflect, blink or appear to do any of the foregoing shall be prohibited. This
Page 6 �^ J
includes, but is not limited to flags, banners, pennants, inflatable objects and
balloons, unless otherwise authorized in Section 93.20.08 or approved as a
permanent architectural feature pursuant to Section 94.04.00 (Architectural
review), or Section 93.20.10 (Sign"eneral Provisions).
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 an encroachment license or agreement. 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.
3. Off-Premises Signs, Billboards, and Posters.
Any sign which advertises a use not being made on the premises, the name of
the owner or user, or which identifies a product, an interest, service, or
entertainment not available on the premises shall be prohibited unless otherwise
authorized in conjunction with a public transportation facility;
4. Businesses Without Street Frontage.
Except as otherwise regulated, signs other than those authorized on the multiple
tenant identification sign or an approved Sign Program shall be prohibited for any
business without street frontage;
5. Signs Located on the Third or Higher Story.
All signs located on a third or higher story shall be prohibited, except for those in
conjunction with a resort hotel;
6. Signs Affixed to Windows or Doors.
Any sign, merchandise or graphic, otherwise affixed to windows or doors, interior
or exterior, other than those permitted by the Sign Ordinance shall be prohibited;
7. Signs Facing Private Property.
Signs which do not face a public or private right-of-way, or plaza, promenade or
arcade, or public or private parking area (parking associated with the same
premises) shall be prohibited;
8. Imitation of Traffic Signal.
No person shall place, maintain, or display in view of any street or highway, any
sign, signal, or device, which resembles an official traffic sign or signal. Visual
obstruction of any official traffic sign or signal is prohibited;
9. Signs in residential zones identifying home occupations;
10. Signs displaying fighting words, obscene matter, or create a clear and
present danger to the general public;
11. Signs employing exposed raceways, ballast boxes, transformers,
crossovers or conduits, unless otherwise approved by the Director or the
Planning Commission;
Page 7 24
12. Signs attached, affixed to or from the interior of any merchandise or
products displayed outside of permanent buildings.
13. Cabinet signs;
14. Bench Signs
All forms of bench signs or bus stop advertising are prohibited in all zones
except where State law expressly grants to a public transportation agency rights
to such signage.
93.20.05 Permitted signs—Commercial and Industrial Business.
A. Permitted signs — Main Sign. Each separate business shall be allowed one (1)
Main Sign as follows:
Main Sin Commercial and Industrial Districts
Maximum Number 1 Main Sin per frontage.
Permitted Sign Types Wall Sign, Monument Sign, Freestanding Sign, Awning
Sin Arcade/Blade Sign, Window Sign.
Maximum Area .Within 100'of R.O.W.: 1 square foot per lineal foot of
frontage facing the R.O.W., plaza, or parking lot, not to
exceed 50 square feet.
*More than 100'from R.O.W.: 1-1/2 square feet per
lineal foot of frontage facing the R.O.W. or parking lot,
not to exceed 75 square feet.
e Over 50 feet of lineal frontage: A single business with
over 50 feet of frontage on a R.O.W. or parking lot shall
be entitled to an additional 1 square feet of sign area
for each 4 feet of frontage in excess of 50 lineal feet,
and an additional 1 square feet of sign area for each 8
feet of frontage in excess of 100 lineal feet.
e Buildings within 1000 feet of Interstate 10 R.O.W.: 1-
1/2 square feet per lineal foot of frontage facing
Interstate 10, not to exceed 150 square feet.
e Monument Signs or Freestanding Signs located at a
right angle to the R.O.W.: Each face shall be allowed
75% of the area otherwise permitted for the Main Sign.
e Businesses not on the ground floor: Businesses
located wholly above the ground floor and facing a
R.O.W. shall be entitled to 50% of the sign area
permitted for businesses on the ground floor of the
building.
Sign Separation No Main Sign shall be closer than 10 feet from any other
sign permitted hereunder; for signage facing Interstate
10, no sign shall be closer than 25 feet from any other
sin permitted hereunder.
Maximum Height .Height—Wall Signs, Awning Signs, Arcade/Blade
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.
Pape 8 L
Main Sin Commercial and Industrial Districts
• Height—Freestanding Signs, Monument Signs. The
maximum height shall be 8 feet, unless otherwise
permitted by Subsection 93.20.08E .
Additional Standards •Signage shall be located adjacent to or on the building
facing the frontage line.
•All sign area allowed under this section shall be
allowed on each street frontage of a multiple frontage
parcel, provided that the same use of the property
extends through from street to street. Consolidation of
sign areas permitted on each frontage to one sign is
prohibited.
Illumination Permitted Internal, external
Permit Required Yes
B. Permitted signs—Secondary Signs. Each separate business shall be allowed
Accessory and Convenience Signs as detailed below, in addition to a Main Sign:
1. Accessory Sin Commercial and Industrial Districts
Maximum Number 1 sign shall be permitted where the Main Sign is not
visible to pedestrian traffic.
Permitted Sign Types Arcade/Blade Sign, Awning Sign, Window Sign.
Maximum Area 6 square feet; 4 square feet per sign face if located at a
ri ht an le to the street.
Maximum Height The top of the sign shall not be higher than the building
on which it is located, and shall be located a minimum of
7 feet above any pedestrian walkway.
Additional Standards •The sign may be divided on either side of a fascia or
architectural element.
•The sign shall be designed and located so as to not
distract from the appearance of the building.
Illumination Permitted No illumination permitted.
Permit Required Yes
2. Customer Convenience Signs Commercial and Industrial Districts
2(a). Open/Closed Signs
Maximum Number 1 sin perfrontage.
Permitted Sign Type Window Sign.
Maximum Area 1-1/2 square feet.
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted Internal Illumination only..
Permit Required No
2(b). Service Signs
Maximum Number 1 sin per business.
Permitted Sign Type Wall Sign, Window Sign
Maximum Area 2 3 square feet
Location Sign may be located on the interior of a window or on a
wall adjacent to the front entrance of the business.
Page 9 26
Illumination Permitted No illumination permitted.
Permit Required No
2(c). Hours/Days
Maximum Number 1 sin per business.
Permitted Sign Type Window Sign.
Maximum Area Maximum 2" letter/number height per line.
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted No illumination permitted.
Permit Required I No
2(d). Credit Card Decals
Maximum Area All credit card or other service decals shall be displayed
in a contiguous 1 square foot area.
Permitted Sign Type Window Sign.
Location Credit card and other service decals shall be located on
the interior of a window or door on the building frontage-
Permit Required No
2(e). Listing of Business
Associates and/or Sub-lessees
Maximum Number 1 sin per entrance.
Permitted Sign Type Window Sign.
Maximum Area All text shall be displayed in a contiguous 3 square foot
area.
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted No illumination permitted.
Permit Required No
3. Pedestrian Sign Directory Commercial and Industrial Districts
Maximum Number 1 per multi-tenant building
Maximum Area 6 square feet per side; the sign for individual tenants
shall be limited to no more than 2 square feet per side.
Location Sign directory may be attached to a building wall, or may
be a monument sign.
Illumination Permitted Internal, External
Permit Required Yes
C. Portable Signs. One portable sign is allowed for each tenant space with frontage
along a public street subject to the following requirements:
1. Portable Sin Commercial and Industrial Districts
Maximum Number 1 sign shall be allowed for each tenant space with
frontage along a public street.
Page 10 27
1. Portable Sin Commercial and Industrial Districts
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 sign may be placed in
the sidewalk public right-of-way, no less than 3 feet from
any street or parking curb; however, in no case may any
sign impede pedestrian traffic. A 48-inch 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; the portable sign shall not be allowed if all of the
minimum requirements for the placement of the portable
sign as provided in this Subsection C cannot be met.
Dimensions A portable sign shall not exceed 42 inches in height and
32 inches in width. The sign may be two-sided.
Design Standards . Frame: The sign frame may be a single-or two-pole
metal frame, or it may be an A-frame. The sign may be
of high quality, durable construction, consistent with the
design criteria established by the Director of Planning
Services.
•Base Required: 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.
•Sign Copy: The sign copy shall be produced
professionally; signs created by hand or home
computer software are not allowed.
•Attachments! No lighting, balloons, or other
attachments are allowed.
Illumination Permitted No illumination permitted.
Permit Required Yes—Encroachment Permit or Sign Program
2. 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.
93.20.06 Permitted Signs— Downtown/Uptown.
A. Permitted signs — Main Sign. Each separate business shall be allowed one (1)
Main Sign as follows:
Main Sign Downtown/Uptown
i
Maximum Number 1 Main Sin per frontage.
Permitted Sign Types Projecting Sign (Arcade/Blade Sign or Awning Sign)or
Flush-Mounted Sign(Window Sign, Individual Letters,
Exposed Neon, or Fascia PaneVPla ue Sign).
Maximum Area •Arcade/Blade Sign: 16 square feet/cubic feet. The
Page 11 28
Main Sign Downtown/Uptown
sign shall not exceed 4 feet in any one direction. One
blade/arcade sign may be located at each customer
entrance; each sign must be identical and the
combination of such signs shall be deemed as one
sign. The brackets or suspension structure shall not be
included in the calculation of sign area/volume.
•Awning Sign: The sign area shall not exceed 20% of
the total awning area with a maximum area equal to 1
square foot per linear foot of awning width. Letters
shall be a maximum of 14 inches high and located on
the front face or any valance element of the awning. A
logo may be incorporated into the sign with additional
sign area allowed, provided the total sign does not
exceed 30% of the total awning area with a maximum
of 1-1/2 square feet per linear foot of awning width.
•Exposed Neon: Sign shall not exceed a maximum of
one square foot per linear foot of building frontage, with
a maximum area of 50 square feet. Exposed neon
signs shall only be used in conjunction with food and
entertainment uses.
•Fascia Panel/Plaque Sign: The length of the fascia
panel/plaque sign shall be limited to a maximum of 2/3
the width of the storefront, and the sign area shall be
limited to a maximum of one square foot per lineal foot
of building frontage, not to exceed a maximum of 50
square feet. The height of individual letters shall not
exceed 14 inches,with the first letter capitals allowed
at 16 inches.
•Window Sign: 40% of the total glazed area or 15
square feet, whichever is smaller. Each glazed area
on either side of a customer entrance may contain an
identical sign; the combination of such signs shall be
deemed as one sign. Letters shall not exceed a
maximum of 10 inches in height. Signs on glazing
shall be limited to the first floor of the building.
Maximum Height Except as otherwise regulated, the top of any sign shall
not be higher than the building on which it is located, and
in no event higher than 28 feet, as measured from
finished grade. The lowest point of any blade/arcade
sign shall be a minimum of 7 feet above any pedestrian
walkway.
Illumination Permitled Internal, external
Permit Re wired Yes
B. Permitted signs—Accessory Signs. In addition to one Main Sign, each separate
business may select one (1) type of accessory signage from the sign types listed in the
following table:
Page 12 2 9
Accessory Signs Downtown/Uptown
Maximum Number 1 Accessory Sin per business.
Permitted Sign Types Projecting Sign (Blade Sign/Arcade Sign or
Awning/Umbrella Sign)or Flush-Mounted Sign (Sign on
Glazing, Individual Letters, Exposed Neon, or Fascia
Panel/Plaque Sign).
Maximum Area .Blade Sign/Arcade Sign: 9 square feet/cubic feet. The
sign shall not exceed 3 feet in any one direction. One
blade/arcade sign may be located at each customer
entrance where this type of sign is not also located as
a Main Sign; each sign must be identical and the
combination of such signs shall be deemed as one
sign. The brackets or suspension structure shall not be
included in the calculation of sign area/volume.
•Awning/Umbrella Sign: The sign area shall not exceed
4 square feet. Letters shall be a maximum of 4 inches
high, and shall be located on a vertical face or valance
element of the awning or umbrella. A logo may be
incorporated into the sign, provided the total sign area
does not exceed 6 square feet. Each awning or
umbrella that is separated by a distance of at least 8
inches may contain an identical sign; the combination
of such signs shall be deemed as one sign for the
purposed of this section. Signs on umbrellas may
contain only the name and logo of the business to
which they relate.
•Individual Letters: Signs shall not exceed a maximum
area of 6 square feet. Individual letters shall not
exceed 12 inches in height. Such signs shall be limited
to the first floor of buildings.
•Fascia Panel Sign: Signs shall not exceed a maximum
area of 6 square feet. The height of the fascia panel
shall not exceed 16 inches; letters shall not be closer
than 1-1/2 inches from the edge of the fascia panel.
Individual letters shall not exceed 1 inch in depth from
the face of the surface upon which they are mounted.
•Window Sign: An Accessory Sign is permitted on
glazed areas which do not also contain a Main Sign.
The total sign area shall be no greater than 6 square
feet. Each glazed area on either side of a customer
entrance may contain an identical sign; the
combination of such signs shall be deemed as 1 sign.
Letters shall not exceed a maximum of 10 inches in
height. Signs on glazing shall be limited to the first
floor of the building.
Page 13 30
AccessM Signs Downtown/Uptown
Maximum Height Except as otherwise regulated, the top of any sign shall
not be higher than the building on which it is located, and
in no event higher than 28 feet, as measured from
finished grade. The lowest point of any bladelarcade
sign shall be a minimum of 7 feet above any pedestrian
walkway.
Illumination Permitted Intemal/External
Permit Required Yes
C. Permitted signs—Convenience Signs. Each individual business shall be
permitted the following signs on the entry door, on the building adjacent to the entry
door, or inside the glass window nearest to the entry.
Customer Convenience Signs Downtown/Uptown
1. Open/Closed Signs
Maximum Number 1 sin per street entrance.
Maximum Area 1-112 square feet
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted Internal Illumination only.
Permit Required No
2. Service Signs
Maximum Number 1 sin per business.
Maximum Area 2 square feet
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted No illumination permitted.
Permit Required No
3. Hours/Days
Maximum Number 1 sin per business.
Maximum Area Maximum 2" letter/number height per line.
Location Sign shall be located on the interior of a window or door
on the building frontage.
Illumination Permitted No illumination permitted.
Permit Required No
4. Credit Card Decals
Maximum Area All credit card or other service decals shall be displayed
in a contiguous 1 square foot area.
Location Credit card and other service decals shall be located on
the interior of a window or door on the buildinq fronta e.
Illumination Permitted No illumination permitted-
Permit Required No
5. Pedestrian Directory
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.
Page 14 31
Maximum Area The directory sign shall not exceed 6 square feet per
face; signs for individual businesses shall be no larger
than 2 square feet per face.
Location The sign must be permanently mounted and may be
attached to the building or may be freestanding and shall
not impede pedestrian movement.
Illumination Permitted Intemal/External
Permit Required Yes
D. Portable Signs. One portable sign is allowed for each tenant space with frontage
along a public street subject to the following requirements:
1. Portable Sin Downtown/Uptown
Maximum Number 1 sign shall be allowed for each tenant space with
frontage along a public street.
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 sign may be placed in
the sidewalk public right-of-way, no less than 3 feet from
any street or parking curb; however, in no case may any
sign impede pedestrian traffic. A 48-inch 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; the portable sign shall not be allowed if all of the
minimum requirements for the placement of the portable
sign as provided in this Subsection C cannot be met.
Dimensions A portable sign shall not exceed 42 inches in height and
32 inches in width. The sign may be two-sided.
Design Standards •Frame: The sign frame may be a single-or two-pole
metal frame, or it may be an A-frame. The sign may be
of high quality, durable construction, consistent with the
design criteria established by the Director of Planning
Services.
• Base Required: 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.
•Sign Copy: The sign copy shall be produced
professionally; signs created by hand or home
computer software are not allowed.
•Attachments: No lighting, balloons, or other
attachments are allowed.
Illumination Permitted No illumination permitted.
Permit Required Yes—Encroachment Permit or sign Program
Page 15 3 h
2. 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.
E. Design Standards. Signage in the Downtown/Uptown area shall be subject to
the specific design standards listed below, in addition to any other design standards
listed in this chapter:
1. Arcade/Blade Signs. Acceptable materials include painted, polished and
patina metal; painted and stained wood; glass; and inlaid stone. The bracket
design shall be integrally planned and detailed and shall be highly ornamental.
2. Awning Signs. Letters or logos shall be sewn or silkscreened onto the
awning in an approved contrasting color.
3. Exposed Neon Signs. Exposed neon signs shall be subject to the design
standards listed in Subsection 93.20.10(C)(6).
4. Fascia Panel/Plaque Sign. Acceptable materials include cast stone, metal
and wood panels with individual wood letters, neon and custom ceramic tile.
Letters shall not be closer than 6 inches from the edge of the fascia
panel/plaque.
5. Window Signs. Acceptable sign techniques are sand-blasted or etched
glass, professionally-painted lettering, professionally- and custom-fabricated and
applied vinyl, metal leaf and stained glass.
93.20.07 Permitted Signs —Apartments, hotels, resort hotels and residential
mobile home parks.
A. Permitted signs— Main Sign. A Main Sign may be permitted for the following
uses as listed in the following table:
1. Main Sign—Apartments,
Hotels, Condominium Complexes
and Residential Mobile Home
Parks
Maximum Number 1 Main Sign; 1 additional sign may be permitted if the
street frontage and sign separation is greater than 170
feet. Only 1 Freestanding Sign may be permitted on a
corner parcel.
Permitted Sign Types Wall Sign, Monument Sign, Freestanding Sign
Maximum Area 20 square feet, plus 1 additional square foot of sign area
for each separate rental unit, not to exceed a maximum
of 50 square feet.
I
Page 16 .3 3
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, as
measured from finished grade?
•Height— Freestanding Signs, Monument Signs. The
maximum height shall be 8 feet. The height shall be
measured from finished grade to the top of the sign
structure.
Illumination Permitted Internal, external
Permit Required Yes
2. Main Sign — Resort Hotels
Maximum Number 1 Main Sign; 1 additional sign may be permitted if the
street frontage and sign separation is greater than 170
feet. Only 1 Freestanding Sign may be permitted on a
corner parcel.
Permitted Sign Types Wall Sign, Monument Sign, Freestanding Sign
Maximum Area 1-1/2 square feet per separate rental unit, not to exceed
a maximum of 300 square feet. Any secondary Main
Signs as may be permitted by this Section shall be
restricted to 50 square feet in area.
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, as
measured from finished grade?
*Height— Freestanding Signs, Monument Signs. The
maximum height shall be 12 feet. The height shall be
measured from finished grade to the top of the sign
structure.
Illumination Permitted Internal, external
Permit Required Yes
3. Main Sign—Other Uses
Permitted in Residential Zones
Maximum Number 1 Main Sign for an authorized use (churches, clubs,
stables, and the like). Such use shall be separate and
not in conjunction with a permitted hotel or apartment
use.
Permitted Sign Types Wall Sign, Monument Sign, Freestanding Sign
Maximum Area 20 square feet
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, as
measured from finished grade.
•Height— Freestanding Signs, Monument Signs. The
maximum height shall be 8 feet. The height shall be
measured from finished grade to the top of the sign
structure.
Illumination Permitted internal, external
Permit Required Yes
i
I
Pagg u 3 el
B. Permitted signs-Accessory Signs. Accessory Signs may be permitted as listed
in the following table:
1. Additional Signs— Resort
Hotels
Maximum Number 1 Accessory Sign for a restaurant use within the hotel.
Permitted Sign Types Wall Sign
Maximum Area 30 square feet.
Maximum Height The sign shall not be located above the ground floor of
the building.
Additional Standards The sign shall be located at the restaurant entry or at the
hotel entry, if the restaurant does not have a separate
entry.
Illumination Permitted Internal, external
Permit Required Yes
2. Vacancy Signs
Maximum Number 1 Vacancy Sign per hotel, resort hotel, or apartment
complex.
Permitted Sign Types Wall Sign, Window Sign
Maximum Area 5 square feet.
Additional Standards The sign shall be located immediately adjacent to the
office entrance.
Illumination Permitted Internal, external
Permit Required Yes
93.20.08 Special Provisions.
A. Gasoline Service Stations.
a. Gasoline service stations shall be limited to one (1) double-faced sign of
an area not to exceed thirty-six (36) square feet on each side face. A
freestanding sign, if approved, shall not exceed eight (8) feet in height. In
addition, a single ten (10) square foot sign, fixed flat on the surface of the
building, shall be allowed. The height of this sign shall not exceed twenty (20)
feet.
b. In addition to the signs for public safety and convenience authorized by
Section 93.20.10.B.1, the Director may authorize and approve instructional or
directional signs not to exceed two (2) square feet or directional signs not to
exceed two (2) square feet per face when deemed necessary for the
convenience of patrons of gasoline service stations.
B. Gasoline Price Signs. Nothing in Section 93.20,04, or in any other provision of
this Sign Ordinance shall be construed as prohibiting compliance with Section 13531 of
the Business and Professions Code of the State of California which relates to the
posting of gasoline prices. Any sign, statement, or other advertising medium posted or
displayed shall conform to all of the requirements of this section.
Page 18
C. Interior Real Estate Office Signs. In addition to the other sign usage authorized
herein, real estate offices may use internal display boards subject to all window sign
requirements applicable to the zone in which each real estate office is located.
D. Signs for drive-through restaurants. Signs for drive-through facilities shall be
approved in conjunction with a Conditional Use Permit for the use. The area of signage
specific to the drive-through facility use may be in addition to the sign area otherwise
permitted for the subject site. The drive-through signage shall be adequately screened
from adjacent public rights-of-way and from adjacent properties.
E. Signs for Large-Scale Commercial and Industrial Centers.
1. In addition to the sign area allowed for individual businesses, commercial
and industrial centers in excess of three and one-half (3 1/2) acres of land shall
be allowed one (1) sign on each street frontage. Such signs shall not extend
beyond the property or into the right-of-way. The allowable sign area shall be ten
(10) square feet of sign per acre to a maximum area of fifty (50) square feet per
face. Signs shall not exceed a maximum height of eight (8) feet. One (1)
additional sign may be permitted if the street frontage is greater than, and the
signs are separated by a distance of no less than, four hundred fifty (450) feet; if
multiple signs are allowed, they shall be located at street intersections or access
drives.
a. Commercial and industrial centers in excess of fifteen (15) acres of
land shall be allowed one (1) sign on each street frontage not to exceed
one hundred twenty-five (125) square feet per face. Such signs shall not
extend beyond the property or into the right-of-way.
b. Signs shall not exceed a maximum height of twelve (12) feet. One
(1) additional sign may be permitted if the street frontage is greater than,
and the signs are separated by a distance of no less than, five hundred
(500) feet; if multiple signs are allowed, they shall be located at street
intersections or access drives.
2. Shopping centers, of at least seventy-five (75) acres in area and which
abut a freeway and where at least thirty-five (35) percent of the square footage in
the center is retail commercial, shall be permitted a single sign which is
consistent with the following:
a. The sign shall not exceed fifty (50) feet in height and thirty (30) feet
in width;
b. The sign shall be perpendicular to the freeway and shall be set
back at least five (5) feet, but no more than fifty (50)feet, from the freeway
right-of-way, and at least three hundred fifty (350) feet from any secondary
or major thoroughfare;
C. The sign area shall not exceed seven hundred fifty (750) square
feet per face with a maximum of two (2)faces.
F. Freestanding Signs. Except as otherwise provided herein, freestanding signs
shall be prohibited on a single parcel of property containing more than one (1) business.
Page 19 36
Where authorized for a single business, a freestanding sign shall not be located within
the public right-of-way and shall not exceed eight (8) feet in height unless otherwise
permitted. Freestanding signs shall be subject to all other provisions of this section.
G. Major Stores Not Having Street Frontage. Retail establishments which have a
floor area in excess of fifty thousand (50,000) square feet and are so located within a
shopping complex that they are not afforded street frontage shall be allowed signs as
follows:
1. One (1) single-face sign per major or secondary street frontage, not to
exceed fifty (50) square feel in area per store affected. The sign shall be allowed
for no more than two (2) street frontages. The top of any sign shall not be higher
than the building on which it is located and in no event higher than twenty-eight
(28)feet.
2. Such signs shall be located in accordance with the provisions and intent of
the Sign Ordinance and in keeping with the architectural design of the shopping
center.
H. Sign Program for Multi-Tenanted Buildings or Sign Districts.
1. Sign programs shall be required for all buildings with more than one (1)
tenant. Sign programs shall remain in force until a new program is submitted and
approved.
2. Sign programs may be established for Sign Districts consisting of solely
commercial and business areas of the City at the discretion of the City Council.
3. Permits shall be required for signs within approved Sign Programs. Such
permits shall be subject to all applicable fees and shall be in conformance with
the approved Sign Program. Sign programs shall integrate with the architecture
of the building complex, including such elements as size, color, location and
construction material.
4. A Sign Program may be approved which varies from the specific
limitations of the Sign Ordinance if the City Council finds that due to the physical
characteristics of the property and the orientation and design of the structures on
the property, strict application of the regulations of the Sign Ordinance will not
give adequate visibility to the signage; that the approved program will be
compatible with the design of the property and will represent the least departure
from the standards of the Sign Ordinance necessary for the effectiveness of the
program; and that the approved program is compatible with the surrounding
property and not contrary to the purpose of the Sign Ordinance.
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
93.20.05(C)(6)). 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.
Page 20 37
J. Special Sign Districts. The City Council, in its sole discretion, may adopt special
Sign Districts, and provide appropriate implementing sign programs as part of a specific
plan, planned development district, development agreement, or other process subject to
public review when special sign provisions are necessary or appropriate to implement
general plan provisions and goals.
K. Owner's Consent. No sign may be placed on private property without the
consent of the property owner or persons holding the present right of possession and
control.
L. Automobile Dealerships. The sign area allowed for individual businesses may be
applied to each individual structure wherein automobiles are displayed for sale;
additional area shall not be granted for multiple street frontages.
i
M. Freeway Signs. In addition to other signs permitted, freeway-oriented signs
designed to be viewed primarily from Interstate 10 in the vicinity of the Whitewater,
Indian Avenue/Indian Canyon Drive and Gene Autry Trail intersections may be
permitted by the planning commission on properties designated "highway commercial,"
by either the zoning ordinance or the general plan, pursuant to Section 94.04.00
(Architectural review). Signs shall be so constructed, erected and maintained to insure
propriety and integration with the surrounding environment, topography and land uses.
The following standards are intended to restrict such signs to freeway-oriented
businesses and set development standards:
1. One (1) freeway-oriented sign may be allowed which occupies the same
parcel on which the sign is located except as otherwise provided herein.
2. A freeway-oriented sign shall be within one thousand (1,000) feet of the
point of intersection of the freeway with the street served by ramps from the
freeway.
3. Freeway-oriented sign structures shall be located in such a manner so as
not to adversely obscure the visibility of another existing freeway-oriented sign
structure from Interstate 10.
4. Signs which exceed a height of twenty-five (25) feet may be approved only
after review of a flag test to prove need that the requested height is necessary for
visibility from Interstate 10. The height of freeway-oriented signs and their related
structures, for a single business, shall not exceed fifty (50) feet. The height may
be increased an additional five (5) feet for each additional business advertised;
provided, the total height does not exceed seventy-five (75) feet.
5. The distance between the lowest portion of the sign face and ground level
shall not be less than one-half(1/2) the height of the sign structure.
6. The area of each sign face shall not exceed one hundred fifty (150)
square feet per business advertised.
7. The minimum size letter in the text of the sign shall be one (1) foot in
vertical or horizontal dimension, and the maximum size letter shall be three (3)
feet.
Page 21 38
8. Illumination shall be limited to internal lighting. All freestanding signs shall
have underground utility service.
N. Relocation of Off-Site Advertising Displays. Pursuant to the provisions of
Business and Professions Code Section 5412, and notwithstanding any provision of the
city's zoning code to the contrary, an existing off-site advertising display may be
relocated to any property zoned for industrial or commercial uses, subject to such
development standards as the City Council and the owner of the off-site advertising
display proposed to be relocated may agree in a relocation agreement. A relocated off-
site advertising display shall be subject to the review process provided in the relocation
agreement. Each off-site advertising display proposed for relocation shall be
constructed in compliance with applicable city building codes and regulations.
93.20.09 Temporary Signs.
A. Up to two 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. 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.
B. 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. The total signage at any particular property, including temporary signs
and other signs shall not exceed the restrictions set forth in Section 93.20.05.
C. Temporary signs in multi-family residential zones shall be governed by the same
rules and regulations set forth in Section 93.20.06 that govem hotel, resort hotel, and
apartment signs. The total amount of signage at any particular property, including
temporary signs and other signs shall not exceed the restrictions set forth in Section
93.20.06.
D. Up to two free-standing temporary signs of up to eight square feet in size or one
free-standing temporary sign of up to sixteen (16) square feet in size is permitted on any
vacant property, with the express written consent of the owner of the land, for a period
of time of sixty (60) days prior to the event related to the sign, the time during the event,
and for five (5) days after the event.
E. Temporary signs shall not be installed or maintained on any public right of way or
on any public property, including without limitation trees, public utility poles, and street
signs and shall only be placed on private property except as otherwise expressly
provided in this Sign Ordinance.
F. 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.
Page 22 39
93.20.10 General provisions. The following general sign usage provisions and
regulations shall apply. The additional sign usage authorized hereunder shall be strictly
construed in its application.
A. Procedures.
1. Approval and Permits Required. Except as otherwise provided in this
Chapter, it is unlawful for any person to construct, erect, repair, alter the structure
of, or otherwise relocate any sign within the City without first obtaining a sign
permit, and building/electrical permit(s) if required. Review and approval by the
Planning Commission shall be required for the design and location of signs in
excess of fifty (50) square feet. All other signs shall be approved by the Director
of Planning, except that either the applicant or the Director may request review
by the planning commission. Sign perrnit fees shall be established by resolution
of the City Council. A double permit fee shall be assessed if the installation of a
sign is commenced before obtaining a permit. Permits shall be required for the
installation or maintenance of all signs except for temporary signs on private
developed property. Permits are also required for portable signs within or on the
public right of way and temporary signs on vacant property.
2. Special Permits. Nothing herein contained shall prevent the Director from
granting a special permit for signs pertaining to upcoming events of general
public interest when it is shown that such signs will not be materially detrimental
to the public welfare nor injurious to adjacent property owners.
3. Appeal. Any person aggrieved by a decision to issue, issue with conditions
or not issue a sign permit by the Director shall be advised that such application
may be placed on the planning commission agenda for reconsideration. The
decision of the planning commission may be further appealed to the City Council
pursuant to Chapter 2.05 of the Palm Springs Municipal Code.
4. Variances. The provisions of Section 94.06.00 shall apply. In addition to
the findings required therein, the planning commission may grant a sign variance
based on the findings that due to the physical characteristics of the property and
the orientation and design of the structures on the property, strict application of
the regulations of the Sign Ordinance will not give adequate visibility to the
signage; that the approved signage will be compatible with the design of the
property and will represent the least departure from the standards of the Sign
Ordinance necessary for the effectiveness of the signage; and that the approved
signage is compatible with the surrounding property and not contrary to the
purpose of the Sign Ordinance. Where specified in this code, certain signs
(including but not limited to, off-premise promotional signs, as required by an
adopted Sign Program, adoption of a Sign Program, or other signs subject to the
requirements of this Chapter) shall require the approval of an appropriate
discretionary entitlement prior to the issuance of a sign or construction permit.
5. Sign Permit. Unless otherwise specified in this Chapter, a sign permit is
required for the modification, repair, or construction of a sign. Such permit may
also include an electrical permit for signs that are illuminated. Application for
Page 20 n 40
permits shall be submitted to the Department of Planning Services accompanied
by no less than three sets of plans. Such application and plans shall be reviewed
by staff for compliance with this code and any applicable Sign Program.
Repainting a legally existing sign, or changing the advertising copy thereon shall
not require a sign permit unless a structural change is made and/or the sign area
is increased.
6. Maintenance.
a. Every sign and sign structure allowed by this Chapter shall be
continuously maintained. This shall include, but is not limited to, painting,
cleaning, replacement of lighting (for illuminated signs) or missing letters,
keeping structural elements and bracing in a safe condition, and internal
structural elements screened from view.
b. Every sign and/or sign structure advertising a use no longer being
conducted on the property for a continuous period of 90 days or more
shall be removed and replaced with an opaque panel. Freestanding sign
structures shall be allowed to remain unused for a period not to exceed
one (1) year, after which such sign structure shall be removed
B. Safety.
1. Signs for Public Safety and Convenience. When deemed necessary, the
Director may authorize and approve signs not to exceed five (5) square feet per
face to serve the public safety or convenience, such as "Entrance" signs, "Exit"
signs, and "Parking" signs.
2. Proper Maintenance of Signs. The user, owner or lessee of a sign
authorized hereunder shall maintain it as approved in a safe, neat, attractive,
first-class condition and in good repair.
3. Obstruction of Passage. Signs shall not be constructed so as to obstruct
any door, window, or fire escape of any building.
4. "No Trespassing" Signs. A "No Trespassing" or "No Dumping" sign not
exceeding three (3) square feet shall be authorized for each parcel of property in
addition to other authorized signs and shall be designed and located thereon in a
manner satisfactory to the Director.
5. Glare From Signs. Illuminated signs shall be designed in such a manner
as to avoid undue glare or reflection of light onto private property in the
surrounding area or right-of-way and shall be erected and located in a manner as
approved by the Director. The intensity of lighting of a sign may be reviewed in
the field by the Director who may require the reduction of intensity.
6. Location of Right-Angle Signs. Right-angle signs shall be seven (7) feet or
higher above the sidewalk or the right-of-way. Right-angle signs supported by
posts or standards shall not extend beyond the property line or into the public
right-of-way.
7. Street Address Numbers/Letters. A street address is required and shall
conform to the requirements of Section 14.04.100 of the Palm Springs Municipal
Code. When address or other numbers are used as an identification name, they
Page 24 41
shall conform to all applicable provisions of this section. Street address numbers
in excess of eight (8) inches in height shall be considered a sign.
8. Exceptions. Nothing herein contained shall prevent the erection,
construction or maintenance of official traffic, fire and police signs, signals,
devices and markings of the California Transportation Department, the City
Council or of other competent public authorities, or the posting of the notices
required by law.
C. Other.
1. Signs for Public and Quasi-Public Uses. Directional and public
convenience signs for public and quasi-public uses may be permitted on public
property. The design must conform to standard directional sign specifications
approved by the City Council as a part of a Sign District after review and
recommendation of the planning commission. The total number of signs allowed
shall be based on the minimum number necessary for adequate public
identification as determined by the City Council.
2. Color of Signs. All signs regulated by this section shall contain no more
than four (4) colors. Black and white shall be considered as colors. Logos, in
which text does not comprise an area greater than seventy-five (75) percent, may
contain no more than six (6) colors such that the total number of colors of the
sign of which the logo is a part shall not exceed six (6).
3. Signs on Awnings, etc. Painted, non-illuminated or indirectly lighted signs
may be permitted on the boarders of marquees, canopies, awnings, umbrellas or
similar structures or attachments if located and erected in a manner satisfactory
to the Director. Such signs shall be included in the total authorized sign area.
4. 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.
5. Multiple Frontage Lots. All sign areas allowed in this section shall be
allowed on each street frontage of a multiple frontage lot; provided that, the same
use of the property extends through from street to street. Consolidation of sign
areas permitted on each frontage to one (1) sign is prohibited. Total sign areas
as established elsewhere in this section shall supersede this item.
6. Exposed-Tube Neon, Fibre Optics and Other High-Intensity Signs. The
design and placement of neon, fibre optic and other high-intensity signs shall be
subject to the following provisions:
a. The use of such signs shall be limited to main signs and secondary
signs. Prefabricated signs are prohibited except for customer signs;
customer convenience signs shall be limited to a single color.
b. Neon, fibre optics and other high-intensity signs which exhibit glare
and high contrast with their surroundings are discouraged. Additional
lighting may be required to adjust the ambient light background of the
proposal.
Page 25 42
C. The number, locations and overall impact of pre-existing neon, fibre
optics and other high-intensity signs shall be considered in judging the
appropriateness of proposed signs.
d. All tubing, conduit, transformers and other paraphernalia not part of
the actual sign face shall be concealed from view.
e. All neon, fibre optic and other high-intensity signs shall be installed
with solid state transformer dimmers. The intensity level of all such signs
shall be reviewed in place and adjusted to appear at a level consistent
with other lighted signs in the vicinity.
7. All rules and regulations concerning the non-communicative aspects of
signs, such as location, size, height, illumination, spacing, orientation, etc., stand
enforceable independently of any permit or approval process.
8. Neighborhood Entry Signs. The City may install neighborhood entry signs
in existing or proposed single-family neighborhoods in the G-R-5 or any R-1
zone, subject to the following provisions:
a. The sign or signs shall only represent and may only be applied for
by neighborhood associations organized under the auspices of the city's
office of neighborhood involvement or subsequent department.
b. The sign(s) shall only be allowed as part of a Sign Program
approved by the planning commission, including the following information:
i. Number, location and placement;
ii. Dimensions, design, materials and colors;
iii. Authorization from owners on whose property sign(s) would
be located.
C. The signs shall only be allowed within the boundaries of the
neighborhood association but may be located in the adjacent public right-
of-way.
d. The signs shall be subject to review and approval for potential
traffic visibility and other safety issues.
e. Prior to installation of any neighborhood entry sign on private
property, the property owner(s) shall consent to the placement of the sign
and execute a covenant running with the land regarding the long-term
maintenance, subject to review and approval of the city attorney.
D. Message Substitution.
1. 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.
Page 26 4
a
2. The purposes of this Subsection are 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.
3. This Subsection 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.
4. 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.
5. This Subsection prevails over any more specific provision to the contrary
within the Sign Ordinance.
93.20.11 Abatement.
A. Compliance With Sign Code—Nuisance—Abatement. The City Council
determines that the public peace, safety, morals, health and welfare require that all
signs and advertising structures heretofore constructed or erected in violation of any
ordinance of the city of Palm Springs in effect at the time such sign was constructed or
erected, be and are made subject to the provisions of this section. Such signs shall be
made to conform and comply with the Sign Ordinance as soon as reasonably possible
after the effective date of the Sign Ordinance. All signs and advertising structures which
are not made to conform and comply within a reasonable time shall be and are declared
to be public nuisances and may be abated in the manner provided.
B. Removal and Amortization Schedule. Any sign which is nonconforming to the
requirements of the Sign Ordinance or any amendment to the Sign Ordinance. either by
variance previously granted or by conformance to the existing sign regulations at the
time the initial permit for such sign was issued, shall either be removed or brought up to
code requirement within the period of time prescribed herein dating from the effective
date of the Sign Ordinance or the amendment to the Sign Ordinance that made such
sign nonconforming, whichever date occurs last. Such nonconforming signs may be
abated forthwith upon the payment of the cost of removal and the remaining value of
such sign, as determined from the valuation stated on the permit and based upon a
depreciation schedule for such sign as follows:
Page 27 44
Amortization Schedule
Permit Value of Sign Amortization Schedule
$100.00 or less Immediately
$100.01 to $1000.00 1 1/2 Years
$1000.01 to $2500.00 2 Years
$2500.01 to $5000.00 3 Years
$5000.01 to $10,000.00 4 Years
Over$10,000.00 5 Years
C. Notification. Any owner of a sign that is illegal, abandoned, not maintained in
good condition, or is not in compliance with the requirements of this chapter shall be
notified by the Director. Such notification must be by registered or certified mail and list
the specific areas of noncompliance.
D. Signs on Public Property, Including Public Rights-of-Way-
1. Any sign placed on any public right-of-way, and not otherwise permitted by
the Sign Ordinance or the City Council, shall be deemed to be a public nuisance
that poses an immediate danger to the health, safety, and welfare of the
community by creating an obstruction to circulation, including, but not limited to,
vehicular and pedestrian. In the event that a sign is left on any public right-cf-
way, the owner of the sign shall be responsible and liable for the removal and
disposition of the sign left on the public right-of-way.
1. Abatement.
Upon discovering the existence of a sign left on the public right-of-way, the Code
Enforcement Official shall have the authority to order and/or cause the immediate
abatement and removal thereof. The Code Enforcement Official shall notify the
owner thereof, or the owner's representative, in person or by mailing an
abatement notice to the owner's last known address. Such notice shall state the
time limit, if any, granted for removal of the sign and the statement that the Code
Enforcement Official will remove the sign after the stated time, the procedure for
retrieving a removed sign, and a statement that the owner may request a hearing
to appeal the abatement and removal by submitting a written request.
2. Hearings.
a. Any sign removed and stored pursuant to these provisions shall be
released to the owner thereof if claimed within thirty (30) days after such
removal and upon the payment of reasonable administrative fees. Such
administrative fees shall be waived if, after a hearing to appeal has been
requested, a determination is made at such hearing that the fees shall be
waived. The administrative fees for the removal and storage of the sign
shall be established or modified by resolution of the City Council and shall
include the actual cost of removal and storage of any sign plus the
proportional share of administrative costs in connection therewith.
Page 28 45
b. Any hearing to appeal an abatement order which is requested shall
be conducted within five (5) working days of the receipt of the request by
the city manager, who should be designated as the hearing officer, the city
manager may appoint a designee to act as hearing officer. The failure of
either the owner or his agent to request a hearing shall waive the right to a
hearing. At the hearing, the hearing officer shall determine whether good
cause was 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 his agent shall have fifteen (15) days from the date
of the hearing to retrieve his sign upon payment of the administrative fee.
If good cause is not shown for the abatement and removal of the sign, the
administrative fee shall be waived and the owner or his agent shall have
fifteen (15) days to retrieve his sign.
C. Disposition.
Any sign not retrieved by its owner within thirty (30) days after delivering
or mailing the abatement notice when such owner has not requested a
hearing to appeal, or within thirty (30) days of storage of the sign by the
city in all other cases, shall be deemed to be permanently abandoned and
may be disposed of by the city.
93,20.12 Street Banner Program.
A. The City's street banner program is reserved for the City's use to promote
its own messages and those events which are sponsored or co-sponsored by the
City.
B. Notwithstanding any other provision of the Sign Ordinance, the City
Manager, or the City Council upon appeal, as provided in this Subsection, may
authorize the temporary placement of banner signs on poles or structures within
the public right-of-way on City property where those banners display the name
and/or date of an event and/or activity sponsored entirely by the City or co-
sponsored by the City that calls attention to the City, its natural advantages,
resources, enterprises, attractions, climate, facilities, businesses, and
community. Any events for which banners are authorized under this Subsection
shall be of limited duration.
C. Any banners authorized by this Subsection shall be for a limited duration
and should call attention to the City, its natural advantages, resources,
enterprises, attractions, climate, facilities, businesses, and community. Nothing
herein shall relieve any person from obtaining any other necessary permit or
license for an event or activity.
D. No person shall place, cause to be placed, or maintain a banner sign on
any City pole or structure in the public right-of-way or on City property except as
authorized in this Subsection. e
Page 29 t 6
E. The City Manager shall designate those City poles or other structures at
streets, highways, alleys, other public rights-of-way, and those City properties on
which banner signs as authorized herein may be placed. The message on the
banners shall be considered government speech, and the designation or the
placement of the banners is not intended to create, nor shall it create, a public
forum.
F. The City Manager may authorize a banner or banners for an event and/or
activity sponsored entirely by the City or co-sponsored by the City, subject to the
following conditions:
1. Except as set forth herein, the banner(s) may be placed for a period of
up to sixty (60) days and the City or applicant shall then cause the
banner(s) to be removed at the City or applicant's expense, as applicable,
based on who placed the banner, subject to replacing of the banner at the
same or different location at a later date;
2. The banner(s) should promote an event and/or activity sponsored
entirely by the City or co-sponsored by the City, occurring within the City,
calling attention to the City, its natural advantages, resources, enterprises,
attractions, climate, facilities, businesses, and community;
3. The banner(s) may contain the name and date of the event, if any;
4. The banner(s) shall be secured tightly to the structures on which they
are authorized to be attached; and
5. For non-City applicants that are co-sponsors with the City, the applicant
must agree to defend, indemnify, and hold harmless the City from any
damages arising from the banners in a form acceptable to the City
Attorney.
G. No banner shall be authorized unless the City Manager, or City Council on
appeal, finds that the banners are so designated as not to block views significant
for traffic or do not otherwise present a safety hazard.
H. Notwithstanding any other provision of this section, the City Manager is
authorized to develop and implement a military banner Sign Program, which may
include, without limitation, application forms and administrative guidelines for the
placement of banners honoring the City's military personnel. Notwithstanding any
other time limitations set forth in this Subsection, any military banner sign placed
on City property consistent with the military banner program and any
administrative guidelines governing the program, may be in place for a period not
to exceed twelve (12) months, after which, the banner shall be removed, subject
to replacing of the banner at the same or different location at a later date.
Page-40. 47
SECTION 5. Section 12.12.055 of the Palm Springs Municipal Code is repealed.
SECTION 6. 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.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL
THIS_ DAY OF 2017.
ROBERT MOON
MAYOR
ATTEST:
KATHLEEN D. HART
INTERIM CITY CLERK
Page 31 48
ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, EXTENDING INTERIM
URGENCY ORDINANCE NO. 1893 AND 1912 OF THE
CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING
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 OF, AND
SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07,
93.20.08, AND 93.20.10.C.4 OF, THE PALM SPRINGS
MUNICIPAL CODE, TO JULY 21, 2017. (4/5T"s Vote
Required).
City Attomey 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 concems and past practices. A recent United States
Supreme Court decision may call into question aspects of the City's
temporary sign regulatory program. This interim urgency ordinance will
provide an interim set of constitutional regulations that will adequately
address problems associated with temporary signs during upcoming
election cycles while providing the Planning Commission and the City
Council adequate time to review, consider, and adopt appropriate and
necessary time, place, and manner restrictions for temporary signs in the
City.
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. The United States Supreme Court in the case of Reed v. Town of Gilbert (2015)
135 S.Ct. 2218 struck down several provisions of the Town of Gilbert's sign regulations
that imposed different time, place, and manner restrictions on temporary signs that
depended entirely on the communicative content of each sign. It is apparent
amendments to the City of Palm Springs sign ordinance may be desirable to avoid any
potential challenge in light of the Reed decision.
C. Several community interests are invested in significant aspects of the City's sign
ordinance, including realtors, downtown merchants, and local businesses. In addition,
any amendment to the City's sign ordinance also requires involvement of the City's
Planning Commission. In order to ensure a timely and thorough review of the City's
sign ordinance without enduring significant risk of legal challenge to the existing Code,
the City Council has determined that the adoption of an interim urgency ordinance that
� 9
I
Ordinance No._
Page 2
imposes direct, immediate and short-term temporary sign regulations are necessary and
appropriate.
D. This interim urgency ordinance will provide an interim set of constitutional
regulations that addresses problems associated with temporary signs during the
upcoming election cycles while providing the Planning Commission and the City Council
adequate time to review, consider, and adopt appropriate and necessary time, place,
and manner restrictions for temporary signs in the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
SECTION 1. The provisions of Palm Springs Sections 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 Ordinance remains in
effect.
SECTION 2. The following definitions shall apply to this 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 open
signs", "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 portable sign. The term
"temporary signs" do 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.
50
Ordinance No. _
Page 3
SECTION 4. Temporary Signs.
A. Up to two 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. 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.
B. 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. The total signage at any particular property, including temporary signs
and other signs shall not exceed the restrictions set forth in Section 93.20.05.
C. 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. The total amount of signage at any particular property, including
temporary signs and other signs shall not exceed the restrictions set forth in Section
93.20.06.
D. Temporary signs shall not be installed or maintained on any public right of way or
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.
E. 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. Section 93.20.09.B.5 of the Palm Springs Municipal Code is
amended to read:
5. Portable Open Signs.
Except where another permitted outdoor display has been authorized (postcard rack, art
displays, etc.), one portable open sign is allowed for: (i) each tenant space in the C-B-D
zone and (ii) with frontage on North Palm Canyon Drive between Alejo Road and
Racquet Club Road or (iii) with frontage on Indian Canyon Drive between Ramon Road
and Alejo Road, subject to the following requirements:
a. One portable open sign is allowed per tenant space. Multiple businesses within a
single tenant space shall be limited to one 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 sign may be placed in
the sidewalk public right-of-way, no less than 3 feet from any street or parking curb;
however, in no case may any sign impede pedestrian traffic. A 48-inch clear paved
pathway for ADA access must be maintained at all times.
J �
Ordinance No.
Page 4
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 6. 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 section are 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 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.
52
Ordinance No.
Page 5
E. This Section prevails over any more specific provision to the contrary within the
City's sign ordinance.
SECTION 7. 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 8. Findings. The adoption of this extension to Interim Urgency
Ordinance Nos. 1893 AND 1912 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 preserves an orderly and balanced
temporary sign program during the election cycles of 2016 where the proliferation of
temporary signs would 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 9, Effective Date. The City Council hereby declares, on the basis of
the findings set forth in the Recitals and in Section 3 above, that an urgency ordinance
is warranted and that this Ordinance is necessary to preserve the public peace, health
and safety. Accordingly, this Ordinance is adopted as an urgency ordinance and shall
take effect and be in force immediately upon its adoption. This Ordinance shall expire
on July 21, 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 DAY OF APRIL, 2017.
ATTEST: ROBERT MOON, MAYOR
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
53
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
�o
Date: July31, 2017
Subject: Ordinance 1934
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, Interim Chief Deputy City Clerk, of the City of Palm Springs,
California, do hereby certify that a copy of the attached Notice was published in the Desert
Sun on July 28, 2017.
1 declare under pe alty of perjury that the foregoing is true and correct.
Cynthia A. Berardi, CMC
Interim Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Cynthia A. Berardi, Interim Chief Deputy City Clerk, of the City of Palm Springs,
California, do hereby certify that a copy of the attached Notice was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on or before July 25, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
d�
Cynthia A. Berardi, CMC
Interim Chief Deputy City Clerk
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262 RECEIV ID ,`
760-778-4578l Fax 760-778-4731 1tTY OF PRLN
State Of California ss: till JUL 31 an 9-- 01
County of Riverside l LL ;
OFFICE OF 1'ti CIS Y
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0002307347
1 am over the age of 18 years old, a citizen of
the United States and not a party to,or have
interest in this matter. I hereby certify that the
attached advertisement appeared in said
newspaper(set in type not smaller than non
panel)in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates,to wit:
Newspaper: The Desert Sun
7/28/2017
N01063 ORDINANCE NO.1934
L, AN INTERIM URGENCY. ORDINANCE OF. THE CITY OF PALM
principal INTERIM clerk
andIF922, IMPOSING A EXTENDING
INTERIM REGULATIONS FOR HE PRIOR
URGENCY
T INS
TALLATION AND
acknowledge that 1 am a pClpal Clerk Of the MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS SUBJECT
printer of The Desert Sun, printed and TO CERTAIN EXCEPTIONS,AMENDING SECTION 93.10.09.EI AND SUSPENDING
ENFORCEMENT OF SECTIONS 93.20.07,93.20.08,ANO 93.20.10.C.4 OF,THE PALM
published weekly in the City of Palm Springs, SPRINGS MUNICIPAL CODE,70 NOV EMBER 10,2017. (4/5THS Vote Required).
County of Riverside, State of California.The �i The City City Attorney 5ummaryCitycurrently enforces a myriad of regulations relating to.the installation
Desert Sun was adjudicated a Newspaper of I and maintenance of various temporary signs both on Private prope ty and the public ri ht-of-way. These regulationr are based on significant policy concerns general circulation on March 24, 19BB by the lnd pest practices. Case law calls mlo aspects of the Cfty's temporary sign Yegu-
Iry program into question. This interim urgency ordmance will provide an Superior Court of the County of Riverside, I ntenm set of cons[tutiI regulations Y!at will adequately address problems
date ry with temporary signs duripg.vpcoming election cycles while provid-
State of California Case No. 191236. i the Ci nouncll adequate ime to review,o"'cler, and adopt appropriate
and necessa Time,place, and mannerrestrlctions for temporary signs in the
City as recommended hystaff.
CERTIFICATION
it STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) Is.
declare under penalty of perjury that the CITY OF PALM SPRINGS )
foregoing is trU correct. Executed On b KAT14LEEN D.HART,Interim City Clerk of the City of Palm Springs,herebycer-
tify that Interim Urgency Ordinance No. 1934 is a full; true and correct o
this 28th ay of LY, 2017 In Palm j"Iy adopted
0 7ted at theaf regular
vetting of the City Council held on the 19th day poi.
Springs, alifomia. AYES Councilmembers Kars, Roberts, Mayor Pro Tern Feat, and Mayor
Moon
NOES. Councilmember Mills
ABSENT: None.
ABSTAIN:'None,*. -
RECUSED: None
j KATHLEEN Or HART,MMC -
INTERIM CITY CLERK - - Published:728/2017
Declarant
ORDINANCE NO. 1934
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, EXTENDING PRIOR
INTERIM URGENCY ORDINANCES 1893, 1912 and 1922,
IMPOSING 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 ENFORCEMENT OF
SECTIONS 93.20.07, 93.20.08, AND 93.20.10.C.4 OF, THE
PALM SPRINGS MUNICIPAL CODE, TO NOVEMBER 10,
2017. (4/5T11 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 will provide an interim set of constitutional regulations
that will adequately address problems associated with temporary signs
during upcoming election cycles 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.
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. 1934 is a full, true and correct copy, and
adopted at a regular meeting of the City Council held on the 19th day of July, 2017, by
the following vote:
AYES: Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and Mayor Moon
NOES: Councilmember Mills
ABSENT: None
ABSTAIN: None
RECUSED: None
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
ORDINANCE NO. 1934
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, EXTENDING PRIOR
INTERIM URGENCY ORDINANCES 1893, 1912 and 1922,
IMPOSING 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 ENFORCEMENT OF
SECTIONS 93.20.07, 93.20.08, AND 93.20.10.C.4 OF, THE
PALM SPRINGS MUNICIPAL CODE, TO NOVEMBER 10,
2017. (4/5T11 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 will provide an interim set of constitutional regulations
that will adequately address problems associated with temporary signs
during upcoming election cycles 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. The United States Supreme Court in the case of Reed v. Town of Gilbert (2015)
135 S.Ct. 2218 struck down several provisions of the Town of Gilbert's sign regulations
that imposed different time, place, and manner restrictions on temporary signs that
depended entirely on the communicative content of each sign. It is apparent
amendments to the City of Palm Springs sign ordinance may be desirable to avoid any
potential challenge in light of the Reed decision.
C. Several community interests are invested in significant aspects of the City's sign
ordinance, including realtors, downtown merchants, and local businesses. In addition,
any amendment to the City's sign ordinance also requires involvement of the City's
Planning Commission. In order to ensure a timely and thorough review of the City's
sign ordinance without enduring significant risk of legal challenge to the existing Code,
Interim Urgency Ordinance No. 1934
Page 2
the City Council has determined that the adoption of an interim urgency ordinance that
imposes direct, immediate and short-term temporary sign regulations are necessary and
appropriate.
D. This interim urgency ordinance will provide an interim set of constitutional
regulations that addresses problems associated with temporary signs during the
upcoming election cycles while providing the Planning Commission and the City Council
adequate time to review, consider, and adopt appropriate and necessary time, place,
and manner restrictions for temporary signs in the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
SECTION 1. The provisions of Palm Springs Sections 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 Ordinance remains in
effect.
SECTION 2. The following definitions shall apply to this 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 open
signs", "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 portable sign. The term
"temporary signs" do 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.
Interim Urgency Ordinance No. 1934
Page 3
SECTION 4. Temporary Signs.
A. Up to two 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. 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.
B. 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. The total signage at any particular property, including temporary signs
and other signs shall not exceed the restrictions set forth in Section 93.20.05.
C. 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. The total amount of signage at any particular property, including
temporary signs and other signs shall not exceed the restrictions set forth in Section
93.20.06.
D. Temporary signs shall not be installed or maintained on any public right of way or
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.
E. 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. 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.), one portable open sign is allowed for each tenant space subject to the
following requirements:
a. One portable open sign is allowed per tenant space. Multiple businesses within a
single tenant space shall be limited to one 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 sign may be placed in
the sidewalk public right-of-way, no less than 3 feet from any street or parking curb;
however, in no case may any sign impede pedestrian traffic. A 48-inch clear paved
pathway for ADA access must be maintained at all times.
Interim Urgency Ordinance No. 1934
Page 4
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 6. 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 section are 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 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.
Interim Urgency Ordinance No. 1934
Page 5
E. This Section prevails over any more specific provision to the contrary within the
City's sign ordinance.
SECTION 7. 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 8. Findings. The adoption of this extension to Interim Urgency
Ordinance Nos. 1893, 1912 and 1922 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 preserves an orderly
and balanced temporary sign program during the election cycles of 2017 where the
proliferation of temporary signs would 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 9. 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 8 above, that an urgency ordinance is warranted and
that this Ordinance is necessary to preserve the public peace, health and safety.
Accordingly, this Ordinance is adopted as an urgency ordinance and shall take effect
and be in force immediately upon its adoption. This 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 191h DAY OF JULY, 2017.
ATTEST: ROBERT MOON, MAYOR
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
Interim Urgency Ordinance No. 1934
Page 6
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. 1934 is a full, true and correct copy, and
adopted at a regular meeting of the City Council held on the 19th day of July, 2017, by
the following vote:
AYES: Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and Mayor Moon
NOES: Councilmember Mills
ABSENT: None
ABSTAIN: None
RECUSED: None
KATHLEEN D. HART, MMC
INTERIM CITY CLERK