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441F°a` CITY COUNCIL STAFF REPORT
DATE: JANUARY 4, 2017 LEGISLATIVE
SUBJECT: EXTENSION OF INTERIM URGENCY ORDINANCE NO. 1893
IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND
MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM
SPRINGS TO MAY 5, 2017. (4/5ths Vote Required)
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
The City Council adopted an urgency ordinance in May, 2016, that established interim
regulations for temporary signs in the City in a manner consistent with a recent
Supreme Court decision involving an Arizona municipality. The urgency ordinance will
terminate on January 20, 2017. A draft ordinance has been prepared, circulated with
stakeholders, and discussed by the Council's subcommittee. A revised ordinance is
being prepared and will be circulated to stakeholders before it is presented to the
Council for consideration. The subcommittee recommends the Council extend the
urgency ordinance an additional 90 days to complete this review and preparation of a
revised ordinance.
RECOMMENDATION:
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 NO. 1893
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 MAY 5, 2017. (4/5THS Vote Required)
ITEM NO. 3• A
City Council Staff Report
January 4, 2017 -- Page 2
Extension of Interim Urgency Ordinance re Temporary Signs
FISCAL ANALYSIS
No significant change to City revenue or expenditures is expected as a result of
adopting the proposed urgency ordinance extension.
Douglas Holland David H. Ready, Esq., P
City Attorney City Manager
Attachment:
Proposed Interim Urgency Ordinance Extension
02
ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, EXTENDING INTERIM URGENCY
ORDINANCE NO. 1893 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 MAY 5, 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. 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 desireable 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
1141766.1 03
Ordinance No. _
Page 2
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
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.
04
1141766.1 2
Ordinance No. _
Page 3
Section 3. Signs on Vehicles. No person shall drive, operate, move in or along,
or park on any street or on public or private property, any truck, trailer, carriage,
wagon, sled, or other vehicle on which is attached or maintained any sign except
as otherwise permitted pursuant to California Vehicle Code Section 21100(p)(2),
as may be amended from time to time.
Section 4. Temporary Signs.
A. 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 93.20.09.13.5 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
05
1141766.1 3
Ordinance No. _
Page 4
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.
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
06
1141766.1 4
Ordinance No. _
Page 5
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.
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 No. 1893 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 10. 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 May 5, 2017 unless otherwise extended
1141766.1 5 07
Ordinance No. _
Page 6
by action of the City Council prior to such date.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 4th DAY OF JANUARY, 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
Interim City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs,
hereby certify that Urgency Ordinance No. is a full, true and correct copy,
and was adopted at a regular meeting of the City Council held on the 4`h day of
January, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
KATHLEEN D. HART, MMC
Interim City Clerk
City of Palm Springs, California
08
1141766.1 6
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
0
Date: January 18, 2017
Subject: Ordinance 1912 — Extending Interim Urgency Ordinance 1893
(Temporary Signs)
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 January 14, 2017.
1 declare under penalt of perjury that the foregoing is true and correct.
l✓
Cynthia A. B rardi, Interim Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, 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 January 11, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. Berardi, Interim Chief Deputy City Clerk
The Desert Sun
750 N Gene Autry Trail Certificate of Publication RECEIVED
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731 I T Y OF PALM S P R'i"`,
State Of California ss: 2017 JAN 23 AM 1= 52
County of Riverside OFFICE Or THE CITY CLF: 1,
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0001856851
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 ORDINANCE NO.1912
No DINT
AN INTERIM URGENCY ORDINANCE C THE CITY OF PALM THE
OF PALM
SPRINGS,
EXTENDING INTERIM URGENCY ORDINANCE LA IONS OF THE CITY
1/14/2017 ST PALM SPRINGS,CALIFORNIA,NTENANC IMPOSING INTERIM REGULATIONS FOR THE PALM
STALLATION AND MAINTENANCE C TEMPORARY SIGNS IN THE CITY OF PALM
SPRINGS SUBJECT IN CERTAIN EXCEPTIONS, AMENDING SECTION 90.08, AND
OF, AND SUSPENDING ENFORCEMENT OF SECTIONS 93E, TO, 93.20.S. AND
93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO MAY S. 2017. i
(415THS Vote Required).
City Attorney Summary
The City currently enforces a myriad of regulations relating to the installation
acknowledge that I am a principal clerk of the and maintenance of various temporary signs both on private property a
nd the
printer of The Desert Sun, printed and public right-of-way. These regulations are based on significant policy concerns
and past practices. A recent United States Supreme Court decision may call into
published weekly in the City of Palm Springs, question aspects of the P ty's temporary sign regulatory program. This ns erim
that
urgency ordinance will provide an interim set of constitutional regulations that
County of Riverside, State of California. The will adequately address problems Asociated with temporary signs during City
coming election cycles while providing the Planning Commission and the City
Desert Sun was adjudicated a Newspaper of Council adequate time to review,consider,and adopt appropriate and necessa-
ry time,place,and manner restrictions CERTIFICATION temporary signs in the City.
general circulation on March 24, 1988 by the
STATE OF CALIFORNIA )
Superior Court of the County of Riverside, COUNTY OF RIVERSIDE
CITY OF PALM SPRINGS 1
State Of California Case No. 191236. I,KATHLEEN D.HART,Interim City Clerk of the City of Palm Springs,hereby car
-
tlfy that Urgency Ordinance No.1912 is a full,true and correct copy,and was
adopted at a regular meeting of the City Council held on the 4th day of Janu- li
ary,2017,by the following vote:
AYE5: Councilmembers Kom,Mills,Roberts.Mayor Pro Tern Foat,and
Mayor Moon
NOES: None
ABSENT: None
I declare under penalty of perjury that the ABSTAIN: None
KATHLEEN D.HART,MMC Published:1/1 412 01 7
foregoing Is true and correct. Executed On INTERIM CITY CLERK
this 14th day of UARY, 2017 in Palm
Springs, CalifOr
Declarant