HomeMy WebLinkAbout5/18/2016 - STAFF REPORTS - 3.B. DOE PA`M SpN
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Cq<IFORN�P CITY COUNCIL STAFF REPORT
DATE: MAY 18, 2016 LEGISLATIVE
SUBJECT: 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. (4/5ths Vote Required)
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
The City Attorney's Office has prepared two alternate ordinances that would establish
interim regulations for temporary signs in the City in a manner consistent with a recent
Supreme Court decision involving an Arizona municipality. Both ordinances are
substantially similar; however, Alternative A will prohibit all temporary signs in the public
right of way everywhere in the City; Alternate B will allow temporary signs in the
downtown subject to certain restrictions and eliminating any content requirements. In
the event the Council adopts one of the alternatives, staff recommends the City Council
refer the City's sign ordinance to appropriate stakeholders for comment and the
Planning Commission to review and make recommendations to the Council regarding
permanent amendments as may be necessary or desirable to ensure continued
compliance with the general guidelines provided in the Court's decision.
RECOMMENDATION:
Waive reading of the full text and adopt one of the following draft urgency ordinances:
A. 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, AND
SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08,
93.20.09.B.5„ AND 93.20.10.C.4 OF THE PALM SPRINGS MUNICIPAL CODE,
FOR A PERIOD OF NINE MONTHS. (4/5THS Vote Required), or
F--M NO.�
May 18, 2016
Page 2
Interim Urgency Ordinance re Temporary Signs
B. 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. (4/5THS Vote
Required)
Staff Analysis
We previously prepared a staff report regarding an interim urgency ordinance on
temporary signs for Council's consideration at its April 20, 2016 Council meeting. A
copy of that report is attached to this report for the Council's consideration. At its
meeting of April 20, the Council voiced concerns regarding the suggested approach of
handling "election" signs as "special event" signs and the absolute prohibition of
temporary signs on public right-of-way, specifically in the downtown where the Council
has allowed retail businesses to place one "portable open sign" on the sidewalk in front
of each retail business' retail space.
Alternate A deletes election concepts from the "special event" definition and therefore
such signs will not be associated with a single event with the attendant limitations on
duration of displaying such signs. Alternate A prohibits all private temporary signs in the
public right of way and on public property anywhere in the City; it does not provide any
exception for downtown.
Alternate B also deletes election concepts from the "special event" definition. Alternate
B also prohibits all private signs in the public right of way or on private property;
however, this draft provides a carve out for downtown. Similar to the current provisions
of the Code, "portable open signs" would be allowed on the public sidewalk immediately
adjacent to each tenant space within the C-D-B zone and with either frontage on North
Palm Canyon Drive between Alejo Road and Racquet Club Road or with frontage on
Indian Canyon Drive between Ramon Road and Alejo Road. In order to survive any
challenge to this approach, however, the restrictions on content have been eliminated
as well as the limitation to only "retail" establishments. Any occupant of tenant space
within the defined area would have the ability to place a portable open sign within the
defined area.
We recommend the council commence the process of reviewing its sign ordinance in
the context of the guidelines suggested by the Supreme Court, including those
described by Justice Alito in his concurring opinion. We recommend the Council refer
the general issues to affected stakeholders in the community as well as the Planning
Commission to recommend appropriate amendments to the City's Sign Ordinance and
various sign regulations. In the meantime, however, there are immediate issues
regarding the City's temporary sign regulations and we recommend the Council
02
May 18, 2016
Page 3
Interim Urgency Ordinance re Temporary Signs
consider and adopt one of the two alternative interim ordinances we have submitted
with this report to ensure a consistent approach to all temporary signs during the
election cycles of 2016, including the primary in June and the national election in
November.
Environmental Review
Staff has reviewed the proposed urgency ordinance and determined that it can be seen
with certainty that there is no possibility that the proposed ordinance may have a
significant adverse effect on the environment. Therefore, consideration and approval of
the ordinance is not subject to the California Environmental Quality Act (CEQA), and no
further study is needed. (Refer to 15061(b)(3) of the CEQA Guidelines.)
Fiscal Analysis
No significant change to City revenue or expenditures is expected as a result of
adopting h proposed ordinance.
C
Dougl s Holland, City Attorney David H. Ready, Citymwmvirr
Attachments:
1. Staff Report of April 20, 2016
2. Proposed Interim Urgency Ordinance - Alternative A
3. Proposed Interim Urgency Ordinance —Alternative B
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% City Council Staff Report
Date: Aprll 20, 2016 LEGISLATION
Subject: 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,
FOR A PERIOD OF NINE MONTHS. (4/5THS Vote Required)
From: Douglas Holland, City Attorney
SUMMARY
This is a proposal to adopt an urgency ordinance that would establish interim regulate
temporary signs in the City in a manner consistent with a recent Supreme Court
decision involving an Arizona municipality. Staff recommends the City Council refer the
City's sign ordinance to appropriate stakeholders for comment and the Planning
Commission to review and make recommendations to the Council regarding permanent
amendments as may be necessary or desirable to ensure continued compliance with
the general guidelines provided in the Court's decision.
RECOMMENDATION:
Waive reading of the full text and adopt Urgency Ordinance No. _, "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, FOR A PERIOD OF NINE MONTHS. (4/5THS Vote Required)'
STAFF ANALYSIS:
Last year, the United States Supreme Court 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 sites 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
ITEM NO. ,
04
City Council Staff Report
April 20.2016
Interim Urgency Ordinance re Temporary Signs
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
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
05
City Council Staff Report
April 20.2016
Interim Urgency Ordinance re Temporary 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
buildings.
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.[`]
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. [T]odays decision will not prevent cities from regulating signs in a
way that fully protects public safety and serves legitimate esthetic
objectives."
06
City Council Staff Report
April 20.2016
Interim Urgency Ordinance re Temporary Signs
We recommend the Council commence the process of reviewing its sign ordinance in
the context of the guidelines provided by Justice Alito. We recommend the Council
refer the general issues to affected stakeholders in the community as well as the
Planning Commission to recommend appropriate amendments to the City's Sign
Ordinance and various sign regulations. In the meantime, however, there are
immediate issues regarding the City's temporary sign regulations and we recommend
the Council address and adopt the proposed interim urgency ordinance to ensure a
consistent approach to all temporary signs during the election cycles of 2016, including
the primary in June and national election in November.
FISCAL IMPACT:
It is not arAipated that this Ordinance will have a fiscal impact on the City.
Douglas olland, City Attorney
07
Alternative A
ORDINANCE NO_
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, AND SUSPENDING
ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, 93.20.09.B.5„
AND 93.20.10.C.4 OF THE PALM SPRINGS MUNICIPAL CODE,
FOR A PERIOD OF NINE MONTHS. (415T"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 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
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
1141766.1 ] 08
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
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), 93.20.09.B.5 (Portable
Open Signs), 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,
1141766.1 2 09
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. Temporary signs shall only be placed on private property
with the 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. 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
1141766.1 3 10
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.
E. This Section prevails over any more specific provision to the contrary
within the City's sign ordinance.
Section 6. 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 7. 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.
1141766.1 4 1 Z
Section 8. 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 February 22, 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 18th DAY OF MAY, 2016.
12
1141766.1 5
Alternative B
ORDINANCE NO_
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"sVote 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 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
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
13
1141766.1 t
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
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.
1141766.1 2
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
space in the C-B-D zone and (ii) with frontage on North Palm Canyon Drive
15
1141766.1 3
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
commercial speech over noncommercial speech or of any particular
16
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. 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.
17
1141766.1 5
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 16th DAY OF SEPTEMBER, 2015.
], 8
1141766.1 6
Jay Thompson
From; Ginny Foat
Sent: Monday, May 16, 2016 3:17 PM
To: Jay Thompson
Subject: FW: 15t amendment agenda item
From: Matt Robinson [mailto:guyinpalmsprings(cbgmail.com]
Sent: Sunday, May 15, 2016 4:54 PM
To: Ginny Foat
Subject: 1st amendment agenda item
Greetings City Leaders
Wednesday you have actions on the agenda to address the June 2015 Supreme Court ruling that invalidated sections of your sign code.A year
has nearly passed and now you want to call a need for urgency action.The only true urgency is for a new City Attorney that can address
Supreme Court rulings before a first anniversary,and then only call for a nine month moratorium.Shame on him!
Please read my attached letter and two NEW city ordinances that have brought Simi Valley CA and Englewood CO into compliance on this
issue.The Englewood CO text goes further and offers text suggestions for various areas we are in noncompliance;Election signs(now called
temporary signs),human signs,A-Frame merchant signs,Bus bench/shelters and more.This would be a good tool for the sign subcommittee.
Thank you for your consideration of the First Amendment
Matt Robinson
Palm Springs ProMOTIONs&ONE Palm Springs
lJj /8 zo/%
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t
PSPPALM SPRINGS
■ Pro S
May 14, 2016
City of Palm Springs
City Manager Dr David Ready
Mayor and City Council
SUBJECT: Sign Code Revisions- First Amendment compliance.
On June 18, 2015 a unanimous Supreme Court ruling placed the City of Palm Spring Municipal Sign Code in
noncompliance. I have made repeated requests for the City of Palm Springs move into compliance to no avail.
As the anniversary of the court ruling approaches, I see a proposed urgency ordinance on the agenda. What
makes a nine month moratorium reasonable now? City Attorney Doug Holland and I met twice in 2015; he
failed to bring compliance to the code. This should not be at my expense. I urge you to immediately pull all
code which violates the First Amendment not simply extend noncompliance for an additional nine months. The
time to resist legal compliance should end, this is no longer to dig your heals in on feelings and principles about
mobile advertising over compliance with the First Amendment.
I have attached two 2016 municipal code amendments that demonstrate only Parking remains legal to restrict.
Simply inserting, "a.This Subsection shall not apply to: Mobile advertising vehicles legally in transport on a public
road-way." Into the current mobile advertising and deleting references to driving or moving WILL bring it in to
compliance. This minor change is hardly justifiable for a nine month moratorium. However going a bit further
brings a revenue source from business licenses and ad sales tax that without a use permit would be paid to a
neighboring city.
I have done research your City Attorney has failed to bring you; Attached is an example from Englewood CO.
Their City Attorney addressed his City Council October 06, 2015 to rapidly comply with Federal Law. They were
required to exclude moving mobile advertising from the code below. I further propose once moving advertising
vehicles are removed, you maintain the option of use permits which create a benefit to the city through license
fees and sales tax. You could simply strike the illegal restriction on moving vehicles and later review a permit
option, however by that time I may be a revenue source for another city.
P PALM SPRINGS
PS
May 14,2016
City of Palm Springs
City Manager Dr David Ready
Mayor and City Council
SUBJECT: Sign Code Revisions-First Amendment compliance.
On June 18, 2015 a unanimous Supreme Court ruling placed the City of Palm Spring Municipal Sign Code in
noncompliance. I have made repeated requests for the City of Palm Springs move into compliance to no avail.
As the anniversary of the court ruling approaches, I see a proposed urgency ordinance on the agenda. What
makes a nine month moratorium reasonable now? City Attomey Doug Holland and I met twice in 2015; he
failed to bring compliance to the code. This should not be at my expense. I urge you to Immediately pull all
code which violates the First Amendment not simply extend noncompliance for an additional nine months. The
time to resist legal compliance should end, this is no longer to dig your heals in on feelings and principles about
mobile advertising over compliance with the First Amendment.
I have attached two 2016 municipal code amendments that demonstrate only Parking remains legal to restrict.
Simply inserting, "a. This Subsection shall not apply to: Mobile advertising vehicles legally in transport on a public
road-way." Into the current mobile advertising and deleting references to driving or moving WILL bring it in to
compliance. This minor change is hardly justifiable for a nine month moratorium. However going a bit further
brings a revenue source from business licenses and ad sales tax that without a use permit would be paid to a
neighboring city.
I have done research your City Attorney has failed to bring you; Attached is an example from Englewood CO.
Their City Attorney addressed his City Council October 06, 2015 to rapidly comply with Federal Law. They were
required to exclude moving mobile advertising from the code below. I further propose once moving advertising
vehicles are removed,you maintain the option of use permits which create a benefit to the city through license
fees and sales tax. You could simply strike the illegal restriction on moving vehicles and later review a permit
option, however by that time I may be a revenue source for another city.
THIS IS YOUR CURENT CODE
The sections highlighted in yellow must be deleted per court ruling.
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
displaying any commercial or noncommercial adverrisingmatter for the sole or primary purpose of displaying
such advertisingmatter, except for the following:
a. The driving, operation and movement of vehicles displaying political campaign advertisements for
candidates for public office and ballot measures; provided, the same is not otherwise prohibited by this
section;
b. The identification of a business enterprise upon a vehicle used primarily for the purpose of and in the usual
business of the owner for transporting or servicing goods or persons for commercial or other business purposes;
provided that, the identification is painted on or otherwise affixed so as not to project from the unusual profile of
thevehicle;
c. The incidental display of noncommercial stickers, plates, license plate brackets, and the like; or of customary
small identifications on license plat brackets or elsewhere, of vehicle manufacturers, models or types of vehicles, or
dealers or entities from whom vehicles bearing the same were purchased or otherwise obtained;
The following section in yellow highlights needs to be added to clarify;
Blue highlights offer a revenue source to the city.
a.This Subsection shall not apply to:
(1) Vehicles operated in the normal course of business or parked or stored in the normal course of
business in an area appropriate to the use of the vehicle for delivery or another commercial purpose.
(2) Mobile advertising vehicles legally in transport on a public road-way.
Mobile advertising vehicles legally in transport on a public road-wa
Without a use permit the mobile advertisina vehicle may drive thru town however may not stop for any
time period on city property. Under the use permit the vehicle may stop within the city for a maximum of
60 minutes, operates with a city business license, collect sales tax under the Palm Springs Business
License.
Further this is a directional signage program, the bottom foot of every ad panel will be color coded by business
district, shopping center or area plus large uniform addresses. I will bring a vibe similar to the famed Laguna
Beach Greeter to our Palm Springs.
My product Is DIRECTIONAL SIGNAGE, the bottom foot of every ad panel shall be color coded by several
districts, shopping centers or other designation and large uniform lettering addresses. I also plan to discuss with
the Division of Tourism about offering FREE space for a QR bar code to link tourists to the Visit Palm Springs app.
THIS IS YOUR CURENT CODE
The sections highlighted in yellow must be deleted per court ruling.
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
displaying any commercial or noncommercial advertisingmatter for the sole or primary purpose of displaying
such advertisingmatter, except for the following:
a. The driving, operation and movement of vehicles displaying political campaign advertisements for
candidates for public office and ballot measures; provided, the same is not otherwise prohibited by this
section;
b. The identification of a business enterprise upon a vehicle used primarily for the purpose of and in the usual
business of the owner for transporting or servicing goods or persons for commercial or other business purposes;
provided that, the identification is painted on or otherwise affixed so as not to project from the unusual profile of
thevehicle;
c. The incidental display of noncommercial stickers, plates, license plate brackets, and the like; or of customary
small identifications on license plat brackets or elsewhere, of vehicle manufacturers, models or types of vehicles, or
dealers or entities from whom vehicles bearing the same were purchased or otherwise obtained;
The following section in yellow highlights needs to be added to clarify;
Blue highlights offer a revenue source to the city.
a. This Subsection shall not apply to:
(1) Vehicles operated in the normal course of business or parked or stored in the normal course of
business in an area appropriate to the use of the vehicle for delivery or another commercial purpose.
(2) Mobile advertising vehicles legally in transport on a public road-way.
Mobile advertising vehicles legally in transport on a public road-wa
Without a use permit the mobile advertising vehicle may drive thru town however may not stop for any
time period on city property. Under the use permit the vehicle may stop within the city for a maximum of
60 minutes, operates with a city business license, collect sales tax under the Palm Springs Business
License.
Further this is a directional signage program, the bottom foot of every ad panel will be color coded by business
district, shopping center or area plus large uniform addresses. I will bring a vibe similar to the famed Laguna
Beach Greeter to our Palm Springs.
My product is DIRECTIONAL SIGNAGE, the bottom foot of every ad panel shall be color coded by several
districts, shopping centers or other designation and large uniform lettering addresses. I also plan to discuss with
the Division of Tourism about offering FREE space for a QR bar code to link tourists to the Visit Palm Springs app.
PALM SPRINGS 5.40.321 permitted signs—Taxicabs.
(a) Signs and Markings on Vehicles.
All taxicabs operated under the provisions of this chapter, when situated or operated upon the streets of the city, shall
have a sign attached to or printed upon such vehicle reading "Taxi" or"Cab," and if desired such signs as may designate
the trade name under which such vehicle is operated; provided, however, that it shall be unlawful for the operator of any
such vehicle for hire operated under the provisions of this chapter to permit any other signs, either painted or attached to
such vehicle, to be displayed thereon except as permitted or required by this chapter-
(b) Advertising Material Permitted on Certain Vehicles.
The operators of taxicabs shall be permitted to display advertising material on taxicabs and make a charge for such
space, provided that such advertising matter shall be displayed only by one of the following methods:
(1) In the rear window of such taxicab.
(A) All rear window advertising shall be digital output graphic printed on high performance perforated vinyl and shall not
exceed the size of the existing rear window.
(B) Rear window advertising shall not interfere with the vision of the driver operating the vehicle.
(2) In an A-shape frame or holder on the roof of such taxicab which may be illuminated to display the advertising
material contained herein. Such frame or holder and any permanent sign contained therein shall be noise-free and shall
not protrude over the front or back edges of the taxicab roofline which is the point where the roof, windshield and rear
windows of the vehicle are joined.
(A) If an ad carrier replaces the top light of a taxicab, the ad carrier shall have two amber cheater lights that illuminate
when the taximeter is turned on.
(B) The name of the taxicompany shall be printed in letters at least two inches in size on both ends of the ad carrier.
(C) The ad carriers shall illuminate when the headlights are turned on.
(D) Signs which have changing messages, rotate, move, flash, reflect, blink, or appear to do any of the foregoing shall
be prohibited.
(E) An emergency display light(bandit light) shall be installed on the ad carrier and shall illuminate green in color so as
not to confuse it as a meter light.
(F) The ad carrier shall not exceed fifty-six inches in length, nineteen inches in width, and seventeen inches in height
extending from the roof of the taxi.
(G) The ad carrier's base mount shall be attached by bolts or rivets securing the ad carrier, preventing the ad carrier
from becoming dislodged.
(H) Ad carriers may use either a fluorescent light or incandescent lamp.
(1) The ad poster shall be a digital output graphic on translucent vinyl.
(J) The cover of the ad carrier shall be made of the industry standard plastic as used in taxi top lights.
(c) Taxi signs may become subject to any franchise or other subsequently adopted ordinance that is applicable,
including any new fees-
(d) Compliance With Section—Nuisance—Abatement.
(1) Upon discovering the existence of a taxicab sign that does not comply with the above stated limitations, the building
and safety manager shall have the authority to order the immediate abatement and removal thereof. The building and
safety manager 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 a
statement that the owner may request a hearing to appeal the abatement and removal by submitting a written request.
(2) Any hearing to appeal an abatement order which is requested shall be conducted within thirty days of the receipt of
the request by the administrative appeals board. The failure of either the owner or his agent to request a hearing shall
waive the right to a hearing. At the hearing, the administrative appeals board shall determine whether good cause was
shown for the abatement of the sign. The written decision of the administrative appeals board shall be deemed the final
administrative determination.
(Ord. 1662 § 1, 2004: Ord. 1661 § 1, 2004)
PALM SPRINGS 5.40.321 permitted signs—Taxicabs.
(a) Signs and Markings on Vehicles.
All taxicabs operated under the provisions of this chapter, when situated or operated upon the streets of the city, shall
have a sign attached to or printed upon such vehicle reading "TaxF or"Cab," and if desired such signs as may designate
the trade name under which such vehicle is operated, provided, however, that it shall be unlawful for the operator of any
such vehicle for hire operated under the provisions of this chapter to permit any other signs, either painted or attached to
such vehicle, to be displayed thereon except as permitted or required by this chapter.
(b) Advertising Material Permitted on Certain Vehicles.
The operators of taxicabs shall be permitted to display advertising material on taxicabs and make a charge for such
space, provided that such advertising matter shall be displayed only by one of the following methods:
(1) In the rear window of such taxicab.
(A) All rear window advertising shall be digital output graphic printed on high performance perforated vinyl and shall not
exceed the size of the existing rear window.
(B) Rear window advertising shall not interfere with the vision of the driver operating the vehicle.
(2) In an A-shape frame or holder on the roof of such taxicab which may be illuminated to display the advertising
material contained herein. Such frame or holder and any permanent sign contained therein shall be noise-free and shall
not protrude over the front or back edges of the taxicab roofline which is the point where the roof, windshield and rear
windows of the vehicle are joined.
(A) If an ad carrier replaces the top light of a taxicab, the ad carrier shall have two amber cheater lights that illuminate
when the taximeter is turned on.
(B) The name of the taxicompany shall be printed in letters at least two inches in size on both ends of the ad carrier.
(C) The ad carriers shall illuminate when the headlights are turned on.
(D) Signs which have changing messages, rotate, move, flash, reflect, blink, or appear to do any of the foregoing shall
be prohibited.
(E) An emergency display light(bandit light) shall be installed on the ad carrier and shall illuminate green in color so as
not to confuse it as a meter light.
(F) The ad carrier shall not exceed fifty-six inches in length, nineteen inches in width, and seventeen inches in height
extending from the roof of the taxi.
(G) The ad carrier's base mount shall be attached by bolts or rivets securing the ad carrier, preventing the ad carrier
from becoming dislodged.
(H) Ad carriers may use either a fluorescent light or incandescent lamp.
(1) The ad poster shall be a digital output graphic on translucent vinyl.
(J) The cover of the ad carrier shall be made of the industry standard plastic as used in taxi top lights.
(c) Taxi signs may become subject to any franchise or other subsequently adopted ordinance that is applicable,
including any new fees.
(d) Compliance With Section—Nuisance—Abatement.
(1) Upon discovering the existence of a taxicab sign that does not comply with the above stated limitations, the building
and safety manager shall have the authority to order the immediate abatement and removal thereof. The building and
safety manager 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 a
statement that the owner may request a hearing to appeal the abatement and removal by submitting a written request.
(2) Any hearing to appeal an abatement order which is requested shall be conducted within thirty days of the receipt of
the request by the administrative appeals board. The failure of either the owner or his agent to request a hearing shall
waive the right to a hearing. At the hearing, the administrative appeals board shall determine whether good cause was
shown for the abatement of the sign. The written decision of the administrative appeals board shall be deemed the final
administrative determination.
(Ord. 1662 § 1, 2004: Ord. 1661 § 1, 2004)
THIS THE PALM SPRINGS CODE COMPLIANT WITH THE LAW
Signs on Vehicles. No person shall 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 displaying any commercial or
noncommercial advertising matter for the sole or primary purpose of displaying such advertising matter, except for the
following:
a. The identification of a business enterprise upon a vehicle used primarily for the purpose of and in the usual
business of the owner for transporting or servicing goods or persons for commercial or other business purposes;
provided that, the identification is painted on or otherwise affixed so as not to project from the unusual profile of the
vehicle;
b. The incidental display of noncommercial stickers, plates, license plate brackets, and the like; or of customary
small identifications on license plat brackets or elsewhere, of vehicle manufacturers, models or types of vehicles, or
dealers or entities from whom vehicles bearing the same were purchased or otherwise obtained;
d. This Subsection shall not apply to:
(1) Vehicles operated in the normal course of business or parked or stored in the normal course of business in an
area appropriate to the use of the vehicle for delivery or another commercial purpose.
(2) Mobile advertising vehicles legally in transport on a public road-way and/or operating within the City of
Palm Springs under a use permit agreement
USE AGREEMENT
➢ Trailers may not be parked on city streets without being attached to a licensed towing vehicle. Maximum
on street parking time limit is sixty minutes regardless if posted for longer time periods
➢ Advertising base must be businesses located in the City of Palm Springs or its primary location within the city,
this directional signaae oroaram and awarded permits are based on the stimulus for the business
community of Palm Springs, National Brand Marketing or valley-wide major attractions are permitted.
➢ Vehicles/Trailers must be stored out of public sight when not in use.
➢ No more than two vehicles with advertising in tandem, with no driving alongside other units nor controlling
or impeding traffic flow in any way. Massing units for greater impact is prohibited.
➢ Advertising vehicles must be maintained in like new condition.
➢ Trailers may be two or three sided only. The use of cargo trailers or commercial box trucks is prohibited.
➢ Maximum trailer length is seven (7) feet in length.
➢ Maximum height limits are seven feet six inches from street to highest point.
➢ No flashing or chasing lights (other than road safety requirements).
➢ No ad shall be larger than twenty square feet.
➢ Ads may operate on a scrolling mechanism, at a scrolling speed of six (6) seconds or slower.
➢ Operators must carry a minimum of$(city set) liability insurance at all times.
➢ In the event of sale of a business Operator Permits may only be transferred upon the approval of the City of
Palm Springs.
➢ Permits may be suspended or revoked at any time for violation of the terms of the operating permit or road
safety issues by the operator or his/her drivers after a simply review by appropriate city staff.
THIS THE PALM SPRINGS CODE COMPLIANT WITH THE LAW
Signs on Vehicles. No person shall 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 displaying any commercial or
noncommercial advertising matter for the sole or primary purpose of displaying such advertising matter, except for the
following:
a. The identification of a business enterprise upon a vehicle used primarily for the purpose of and in the usual
business of the owner for transporting or servicing goods or persons for commercial or other business purposes;
provided that, the identification is painted on or otherwise affixed so as not to project from the unusual profile of the
vehicle;
b. The incidental display of noncommercial stickers, plates, license plate brackets, and the like; or of customary
small identifications on license plat brackets or elsewhere, of vehicle manufacturers, models or types of vehicles, or
dealers or entities from whom vehicles bearing the same were purchased or otherwise obtained;
d. This Subsection shall not apply to:
(1) Vehicles operated in the normal course of business or parked or stored in the normal course of business in an
area appropriate to the use of the vehicle for delivery or another commercial purpose.
(2) Mobile advertising vehicles legally in transport on a public road-way and/or operating within the City of
Palm Sprinas under a use permit agreement.
USE AGREEMENT
➢ Trailers may not be parked on city streets without being attached to a licensed towing vehicle. Maximum
on street parking time limit is sixty minutes regardless if posted for longer time periods
➢ Advertising base must be businesses located in the City of Palm Springs or its primary location within the city,
this directional signage program and awarded permits are based on the stimulus for the business
community of Palm Sprinas. National Brand Marketing or valley-wide major attractions are permitted.
➢ Vehicles/Trailers must be stored out of public sight when not in use.
➢ No more than two vehicles with advertising in tandem, with no driving alongside other units nor controlling
or impeding traffic flow in any way. Massing units for greater impact is prohibited.
➢ Advertising vehicles must be maintained in like new condition.
➢ Trailers may be two or three sided only.The use of cargo trailers or commercial box trucks is prohibited.
➢ Maximum trailer length is seven (7) feet in length.
➢ Maximum height limits are seven feet six inches from street to highest point.
➢ No flashing or chasing lights (other than road safety requirements).
➢ No ad shall be larger than twenty square feet.
➢ Ads may operate on a scrolling mechanism, at a scrolling speed of six (6) seconds or slower.
➢ Operators must carry a minimum of$(city set) liability insurance at all times.
➢ In the event of sale of a business Operator Permits may only be transferred upon the approval of the City of
Palm Springs.
➢ Permits may be suspended or revoked at any time for violation of the terms of the operating permit or road
safety issues by the operator or his/her drivers after a simply review by appropriate city staff.
Sincerely
Matt Robinson
"Palm Springs ProMOTIONs"
And "ONE Palm Springs"
Sincerely
Matt Robinson
"Palm Springs ProMOTIONs"
And "ONE Palm Springs"
s �
S
ORDINANCE NO. 1257
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SIMI VALLEY AMENDING TITLE 4, CHAPTER 9 OF
THE SIMI VALLEY MUNICIPAL CODE RESTRICTING
PARKING OF MOBILE ADVERTISING BILLBOARDS
WHEREAS, the City of Simi Valley parking ordinances contained in Simi
Valley Municipal Code (SVMC) Chapter 9 of Title 4, et seq. do not currently contain
provisions specifically relating to mobile advertising billboards; and
WHEREAS, the City wishes to update the SVMC to restrict the parking of
mobile advertising billboards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI
VALLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. Notwithstanding any prior ordinance of the City of Simi
Valley, Chapter 9, Title 4 of the Simi Valley Municipal Code as specified and amended
in Exhibit A attached hereto is hereby adopted.
SECTION 2. Severability. If any provision of this Ordinance is declared
invalid by a court of competent jurisdiction, adjudicated to a final determination, the City
Council finds that said voided part is severable, that the City Council would have
adopted the remainder of this Ordinance without the severed and voided part, and that
the remainder of this Ordinance shall remain in full force and effect.
SECTION 3. The City Clerk shall cause this ordinance or a summary
hereof to be published in a newspaper of general circulation, published in the County of
Ventura and circulated in the City, and if applicable, to be posted, in accordance with
Section 36933 of the California Government Code; shall certify to the adoption of this
ordinance and shall cause a certified copy of this ordinance, together with proof of
publication, to be filed in the Office of the Clerk of this City.
ORD. NO. 1257
SECTION 4. This ordinance shall go into effect and be in full force and
effect at 12:01 a.m. on the thirty-first (31 st) day after its passage.
PASSED and ADOPTED this 2"d day of May 2016.
Attest:
/s/ /s/
Ky Spangler, Deputy Director/City Clerk Robert O. Huber, Mayor of the City of
Simi Valley, California
Approved as to Form: Approved as to Content:
/s/ /s/
Lonnie J. Eldridge, City Attorney Eric J. Levitt, City Manager
4 ORD. NO. 1257
EXHIBIT A
SIMI VALLEY MUNICIPAL CODE AMENDMENT
REGARDING MOBILE BILLBOARD ADVERTISING DISPLAYS
Article 6. Mobile Billboard Advertising Displays
4-9.601 The parking of mobile billboard advertising displays is unlawful.
It shall be unlawful for any person to park or leave standing a mobile billboard
advertising display on any public street, alley or public lands in the City.
4-9.602 Definition of mobile billboard advertising display.
For purposes of this Chapter, "mobile billboard advertising display" has the
meaning provided by Section 395.5 of the California Vehicle Code which states:
395.5. A "mobile billboard advertising display" means an advertising
display that is attached to a mobile, nonmotorized vehicle, device, or
bicycle, that carries, pulls, or transports a sign or billboard, and is for
the primary purpose of advertising.
For purposes of this Chapter, this definition shall not include a motor vehicle.
4-9.603 Removal of mobile billboard advertising displays authorized.
Pursuant to Section 22651, Subdivision (v), of the California Vehicle Code, any
peace officer, or any regularly employed and salaried employee of the City, who is
engaged in directing traffic or enforcing parking laws and regulations may remove a
mobile billboard advertising display, and/or anything that the mobile billboard advertising
display is attached to including a motor vehicle, found upon any public street, alley or
any public lands in the City when all of the following are true:
(a) The mobile billboard advertising display is parked or left standing in violation of this
Code;
(b) The registered owner of the mobile billboard advertising display was previously
issued a warning citation for the same offense;
(c) The warning citation was issued to a first-time offender at least twenty-four (24)
hours prior to the removal of the mobile billboard advertising display and the
warning citation advised the registered owner of the mobile billboard advertising
display that he or she may be subject to penalties upon a subsequent violation that
may include the removal of the mobile billboard advertising display.
Pursuant to Section 22651(v)(2) of the California Vehicle Code, the City is not
required to provide further notice for any subsequent violation prior to enforcement.
5 ORD. NO. 1257
4-9.604 Post storage impound hearing.
Pursuant to Section 22852 of the California Vehicle Code:
(a) Whenever a peace officer, non-sworn code enforcement officer, or non-sworn
parking enforcement officer of the City directs the storage or impoundment of a
mobile billboard advertising display, the City shall provide the registered and legal
owner(s) of record of the mobile billboard advertising display, or their agent(s),
opportunity for a post-storage hearing to determine whether reasonable grounds
justified the removal. Notice of the storage shall be mailed or personally delivered to
the registered and legal owner(s) within 48 hours, excluding weekends and
holidays.
(b) The owner(s) of record, or their agent(s), must request a hearing within ten (10)
days of the date appearing on the notice, or the right to hearing is waived.
(c) The City shall conduct the hearing if feasible within forty-eight (48) hours, excluding
weekends and holidays, of receipt of the request under subsection (b) of this
Section. The City shall inform the person requesting the hearing of the time and
place for the hearing. However, under the authority of City of Los Angeles v. David
(2003) 123 S.Ct.189, depending on administrative necessity, the hearing can be
held up to 30 days from the receipt of the request.
(d) The City may authorize any officer or employee to conduct the hearing, provided
that the hearing officer is not the person who directed the storage of the vehicle.
The hearing officer shall determine the validity of the removal and storage of the
mobile billboard advertising display at the conclusion of the hearing.
(e) Following the hearing, if the hearing officer finds that the mobile billboard
advertising display was improperly removed and stored, it shall be released to the
owner at the storage facility and the City shall bear the cost of removal and storage.
Otherwise, the mobile billboard advertising display shall be returned to the owner
only after payment of any and all fines or fees, including, but not limited to: any
penalties under this Code; any outstanding amounts owed to the City for previous
violations involving the same mobile billboard advertising display; and the costs of
removal and storage incurred by the City up to the time of release. The hearing
officer shall determine the total amount to be paid prior to release of the mobile
billboard advertising display, consistent with this subsection.
4-9.605 Violation - Penalties.
After an initial warning citation, any subsequent offense of this Chapter is subject to
civil penalties, and may be prosecuted as an infraction or a misdemeanor. The amount
of the civil penalty will be specified by the City Council through the parking fine
resolution.
6 ORD. NO. 1257
4-9.606 Construction.
It is the intent of this Chapter to implement the provisions of the California Vehicle
Code authorizing the City to regulate the parking of mobile billboard advertising
displays. Citation of any Section of the Vehicle Code is for the convenience of those
governed by this Chapter and those who must enforce it and does not imply that other,
relevant provisions of the Vehicle Code are not applicable, nor is this Chapter intended
to duplicate, vary from or be preempted by the Vehicle Code. This Chapter shall be
construed in light of this intent.
CITY OF PALM SPRINGS
NOTIFICATION
oaY tt
City Council
Meeting Date: May 18, 2016
Subject: Ordinance No. 1893
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert Sun on
May 21, 2016.
1 declare under penalty of perjury that the foregoing is true and correct.
Ulmtz
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary and Ordinance 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 June 1, 2016.
1 /declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, MMC
Chief Deputy City Clerk
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262 RECEIVED
760-7784578/Fax 760-7784731 CITY OF PALM SPRING`
State Of California ss: ws MAY 26 AM 10, 20
County of Riverside jAMES THOMS(' )'+
CITY CLERK
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0001297128
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 No 0733: ORDINANCE NO.1893
panel)in each and entire issue of said AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRING:
CALIFORNIA, IMPOSING INTERIM REGULA11ONS FOR THE INSTALLATION AN
newspaper and not in any supplement thereof MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS SUBIEC
TO EXCEPTIONS,AMENDING 9310.09. .5 OF AND SUSENE
On the following dates, to Wit: GC EERTAIN NFORCEMENT.OF SECTIONS 93.20.07,1932008.ANDS 93.26.OC.4 OF,TH
PALM SPRINGS MUNICIPAL,.CODS FOR A PERIOD OF NINE,MONTHS. I4I5TH
Newspaper:The Desert Sun Vote Required) - City rianay Summary
The Citycurrency enforrns a myriad ry signs
both relating to Me rty am io
th
and m inten,nre of various tempporary... both on private property am th
publk dghtof-nyy. These reeygulatlbru are traced on srgnitfont PO&Y contain
5/21/2016 and past pmctkes. Ameentrlloked State Supreme Court dechnan may call Mt
question aspects of the Cityfs temporary sign-pufetory program. This Intent
urgmCy prNna m WIN provide an hsteire set oftanstltunonal regulations the
21 ade9usaay ad&m problems associated with temporary signs during th
2016 pdmmy and national election Cycles while providing the Planning Commt
sign and The City Council adequate time to renew,consndess�,'aand adopt appm
pdate and necessary time,plecG and manner restrkdons to Temporary signs i.
I acknowledge that I am a principal clerk of the the Chill. CERTMCA11ON '
printer of The Desert Sun, printed and STATE OFCALIFORNIA '
COUNTY OF RIVERSIDE sx
published weekly in the City of Palm Springs, CI Yof PALMSPRINGS
Countyof Riverside, State of California.The 1.JAMES THOMPSOK C Clark of the qt r$f'Palm Springs,hereby certify the
be
Urganry Ordlnarrce No.1 3 Is a full true d mrretf and was adopted a
Desert Sun was adjudicated a Newspaper of a regular meeting of the City Cou;dUeld on the fifth ay'oErMay.20%by t%
1fo0owirg vote: o�- -
general circulation on March 24, 1988 by the AYE' MC ryo I1 Tem Mi1�'b°"r+vyor"�°"Mo,�Kom coundirmand w Roberb
Superior Court of the County of Riverside, NOES: None -
ABSENT: None
State of California Case No. 191236. ARSTAIN: None -
JAMES THOMPSON,CrrY CLERK ,
City of Palm Springs,Callfornla Published May 21.2016
I declare under penalty of perjury that the
foregoing is true and correct. Executed on
this 21rst day of MAY, 2016 in Palm
Springs, California. Ab
3�
Declarant
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.
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 18th 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
/JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
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- andpost-holiday sales;
h shows b. Arts and crafts shows, trade shows,s, antique q , 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.
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
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.
s/Robert Moon
ROBERT MOON, MAYOR
ATTEST:
s/James Thompson
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 18th 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.
s/James Thompson
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California