HomeMy WebLinkAbout1893 ORDINANCE NO. 1893
AN INTERIM URGENCY ORDINANCE 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, FOR A PERIOD OF NINE MONTHS.
(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 the 2016
primary and national 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. 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 appropriate.
Ordinance No. 1893
Page 2
D. This interim urgency ordinance will provide an interim set of constitutional
regulations that addresses problems associated with temporary signs during the 2016
primary and national 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.
Ordinance No. 1893
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 93.20.09.13.5 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 each tenant space: (i) in the C-B-D
zone; (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;
Ordinance No. 1893
Page 4
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.
In. 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
Ordinance No. 1893
Page 5
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. Ordinance Nos. 1744, 1815, and 1854 are repealed.
SECTION 8. CEQA. The City Council finds that it can be seen with certainty that
there is no possibility the adoption of this Ordinance will have a significant effect on the
environment. This Ordinance is therefore exempt from environmental review
requirements of the California Environmental Quality Act pursuant to Section
15061(b)(3) of Title 14 of the California Code of Regulations.
SECTION 9. Findings. The adoption of this Interim Urgency Ordinance 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.
Ordinance No. 1893
Page 6
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 January 20, 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 18T" DAY OF MAY, 2016.
ROBERT MOON, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Urgency Ordinance No. 1893 is a full, true and correct copy, and was adopted at a
regular meeting of the City Council held on the 18t" day of May, 2016, by the following
vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts,
Mayor Pro Tern Mills, and Mayor Moon.
NOES: None.
ABSENT: None.
ABSTAIN: None.
TAMES THOMPSON, CITY CLERK
City of Palm Springs, California
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