HomeMy WebLinkAbout9/17/2014 - STAFF REPORTS - 1.D. PALM$
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c4`'F°ao'P City Council Staff Report
DATE: September 17, 2014
SUBJECT: PORTABLE OPEN SIGNS — AN AMENDMENT TO SECTION
93.20.09.13.5. OF THE PALM SPRINGS ZONING CODE EXPANDING
THE BOUNDARIES OF AREAS WHERE PORTABLE "OPEN' SIGNS
ARE ALLOWED TO THE EAST SIDE OF NORTH INDIAN CANYON
DRIVE FROM RAMON ROAD TO ALEJO ROAD (CASE 5.1202 ZTA).
FROM: Department of Planning Services
SUMMARY:
On July 30, 2008, the City Council enacted Ordinance No. 1744, a Zone Text
Amendment to allow portable `open" signs in certain commercial areas of the City until
October 3, 2010, unless extended. It was extended again to October 3, 2014 on
December 19, 2012 and on July 16, 2014 to October 3, 2016. Upon the current
extension for another two years, the City Council directed staff to return with an
amendment to codify the temporary change expanding the boundaries of where the
portable open signs are allowed to the east side of Indian Canyon Drive from Ramon
Road to Alejo Road.
RECOMMENDATION:
1. Open the public hearing and receive public testimony;
2. Waive the reading of the ordinance text in its entirety and read by title only; and
3. Introduce on first reading ordinance No. _, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 93.20.09 OF THE
PALM SPRINGS ZONING CODE RELATING TO PORTABLE OPEN SIGNS
AND EXPANDING THE BOUNDARIES WHEN SUCH SIGNS ARE ALLOWED"
ITEM NO. --
City Council Staff Report September 17,2014
Case 5.1202—ZTA—Portable Open Signs Page 2 of 3
PRIOR ACTIONS:
On July 30, 2008, the City Council enacted Ordinance No. 1744, a Zoning Text
Amendment to allow portable "Open" signs in certain commercial areas of the City. The
ordinance included an expiration date of October 3, 2010, unless extended.
On September 12, 2008, the City Planning Department issued administrative rules and
guidelines for the permitting of portable 'open" signs.
On September 3, 2010, the City Council approved a two-year extension on the
expiration date of the ordinance, to October 3, 2012.
On December 5, 2012, the City Council approved a second two-year extension to the
ordinance, to October 3, 2014.
On July 9, 2014, the City Council approved a third two-year extension to the ordinance
to October 3, 2016.
On September 10, 2014, the Planning Commission reviewed the proposed amendment;
staff will provide a report of the meeting to the Council at the meeting of September 17,
2014.
BACKGROUND AND ANALYSIS:
In enacting the original ordinance, the City Council determined that the purpose of
allowing portable 'open" signs would be to assist businesses through the economic
down-turn that began in 2008. The signs were limited to retail businesses in the C-B-D
zone and on North Palm Canyon Drive between Alejo Road and Vista Chino. A two-
year time period was established beginning October 3, 2008 and two-year extensions
were approved in 2010 and 2012. On July 9, 2014, the City Council approved a third
two-year extension to the ordinance to October 3, 2016. The Council then directed staff
to prepare an amendment expanding the boundaries where portable open signs are
allowed to the east side of Indian Canyon Drive between Ramon Road and Alejo Road.
Currently, portable Open signs are limited to commercial businesses in the CBD zone
which includes the west side of Indian Canyon Drive. The current Ordinance also allows
portable open signs on North Palm Canyon Drive between Alejo Road and Vista Chino
in the Uptown area. In the attached exhibit, the CBD area where portable open signs
are allowed is depicted in light green color. The expanded boundary is depicted in red
color and is located on the east side of North Indian Canyon Drive from Ramon Road to
Alejo Road.
ENVIRONMENTAL DETERMINATION:
Staff has evaluated the potential environmental impacts of the proposed Zoning
Ordinance amendment and determined that it is Categorically Exempt under Section
15305 — Minor Alterations in Land Use Limitations — of the Guidelines for the
Implementation of the California Environmental Quality Act. The proposed amendment
does not result in any changes in land use or density.
02
City Council Staff Report September 17,2014
Case 5.1202—ZTA—Portable Open Signs Page 3 of 3
FISCAL IMPACT:
The expanded area will have the same improved business opportunities as in the
existing areas where portable open signs are allowed in the CBD. This could result in
added sales tax into the City's treasury.
Douglas RAvans Da d Ready
Interim Director of Planning Services City Manager
Attachments:
- Draft Ordinance
Section 93.20.09 of PSZC
- Aerial Map of the Portable Open Sign boundaries
03
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 93.20.09 OF THE
PALM SPRINGS ZONING CODE RELATING TO
PORTABLE OPEN SIGNS, EXPANDING THE
BOUNDARIES WHERE SUCH SIGNS ARE ALLOWED.
City Attorney's Summary .
This Ordinance extends the boundaries where portable open
signs are allowed to the east side of North Indian Canyon
Drive from Ramon Road to Alejo Road.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY ORDAIN:
SECTION 1. Subsection B.5 of Section 93.20.09 of the Palm Springs Municipal
Code is hereby amended to read:
5. Portable Open Signs.
Except where another permitted outdoor display has been authorized
(postcard rack, art displays, etc.) and provides an indication that the
retailer is open for business, one portable open sign may be allowed for:
(i) any retail business in the C-B-D zone; (ii) on North Palm Canyon Drive
between Alejo Road and Vista Chino; and (iii) on North Indian Canyon
Drive between Ramon Road and Alejo Road, subject to the following
requirements:
a. One portable open sign is allowed per retail tenant space. Office
uses may not have portable open signs. 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 retail 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-frames. The sign may be either chrome, black or white.
04
Ordinance
Page 2
e. The sign frame shall include a heavy base to prevent unintended
movement cause 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 sign may contain the name of the business, a business logo,
the word 'open", and any major product or service available at the
retail store. No other information or graphic is allowed, including
hours of operation, telephone number, arrows, and any other
devise or message.
i. 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 2. This ordinance shall expire on October 3, 2016, unless
reauthorized by action of the City Council.
SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 1ST DAY OF OCTOBER 2014.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
05
Ordinance
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, do hereby certify
that Ordinance No. is a full, true and correct copy, and was introduced at a
regular meeting on September 17, 2014, and adopted at a regular meeting of the Palm
Springs City Council on October 1, 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
06
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
a
Date: September 17, 2014
Subject: Portable Open Signs
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was published in the
Desert Sun on September 6, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing 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 September 4, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and
every person on the attached list on September 4, 2014, in a sealed envelope, with
postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California.
(6 notices)
I declare unddee/r, penalty of perjury that the foregoing is true and correct.
Kathie Hart, MMC
Chief Deputy City Clerk
07
\ V The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731 ` p
2014 SEP I I AM 8t 06
State Of California as: J A i ,� i t i v� :: C.
County of Riverside CITY CLERK
NOTICE OF PUBLIC HEARING
A CITY COUNCIL
Advertiser:
CITY OF PALM SPRINGS
CITY OF PALM SPRINGS/LEGALS CASE 5.1202-C—APPUCAiION BYTHE
PO BOX 2743 CITY OF PALM SPRINGS
PALM SPRINGS CA 922632 AMENDING THE PALM SPRINGS ZONING CODE
RELATING TO PORTABLE OPEN SIGNS
IN COMMERCIAL AREAS OF THE CITY
NOTICE IS HEREBY GIVEN thatthe City Council of the
2000463277 City of Palm Springs,Callfornla,will hold a public hearing
at Its meeting of September 17, 2014. The City Council
meeting begins at 1:30 p.m. in the Council Chamber at
City Hall,3200 East Tahqudz Carryon Way,Palm Springs.
The purpose of the hearing'Is to consider Case 5.1202-C,
the C' of Palm Springs to amend Palm
an application by nY
I am over the age of 18 years old, a citizen of the United Springs Zoning Code Section 93.20.09.13.5 expanding the
States and not a party to, or have interest in this matter. I area where portable open signs are allowed to the east
hereby certify that the attached advertisement appeared side of North Indian Canyon Drive from Ramon Road to
in said newspaper (set in type not smaller than non panel) Alejo Road.
in each and entire issue of said newspaper and not in any ENVIRONMENTAL DETERMINATION: The City of Palm
supplement thereof on the following dates,to wit: Springs,in its capacity as the lead agency for this project,
under the California Environmental Quality Act (CEQA)
Newspaper: .The Desert Sun has determined that the proposed Zoning Ordinance
text amendment is bategorically Exempt under Section
15305, Minor Alterations in Land Use Limitations of the
9/6/20 4 Guidelines for the Implementation of CEQA. The proposed
amendment does not result in any changes in land use or
density.
REVIEW OF INFORMATION:The staff report and other -
supporting documents regarding this project are also
available for public review at City Hall between the hours
of 8:00 a.m. and 6:00 p.m., Monday through Thursday.
I acknowledge that I am a principal clerk of the printer of Please contact the Office of the City Clerk(760)323-8204
The Desert Sun, printed and published weekly in the City if you would like to schedule an appointment to review
of Palm Springs, County of Riverside, State of California. these documents.
The Desert Sun was adjudicated a newspaper of general COMMENT ON THIS APPLICATION: Response to this
circulation on March 24, 1988 by the Superior Court of the notice may be made verbally at the public hearing and/or
County of Riverside, State of California Case No. in writing before the hearing. Written comments may be
191236. ; made to the City Council by letter(mail or hand delivery)to:
j James Thompson,City Clerk
I declare under penalty of perjury that the foregoing is true a 3200 East Tahquitz Canyon Way -
and correct. Executed on this 6th day of September, 2014 i Palm Springs,CA 92262
in Palm Spri s,Calif o is. I Any challenge of the proposal in court may be limited
- to raising only those issues raised at the public hearing
y described in this notice, or in written correspondence
g delivered to the City Clerk at,or prior to,the public hearing.
s (Government Code Section 65009[b]12D.
3
r An opportunity will be given at said hearing for all interested
persons to be heard. Questions regarding this case may
cl is Si be directed to Edward 0.Robertson,Principal City Planner
at the Department of Planning Services at(760)323-8245.
'f Si necesita ayuda con esta carts, porfavor Items a la
�r Ciudad de Palm Springs y puede hpblar con Nadine Fieger
(760)323-8245.
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NICwHF3C11ic76[il� !TaQI RPa�2
QW/ Nb -,�,' * ;..� '.4� MR PETE MORUZZI
c r # aay,„, PALM SPRINGS MODERN COMMITTEE
P i I�xutE, - P.O. BOX4738
V t= PALM SPRINGS, CA 92263-4738
4 CITY OF PALM SPRINGS CASE 5.1202-C ZTA
PLANNING SERVICES DEPARTMENT MRS. JOANNE BRUGGEMANS
ATTN SECRETARY/5.1202-C ZTA 506 W. SANTA CATALINA ROAD
PO BOX 2743 PALM SPRINGS, CA 92262
PALM SPRINGS, CA 92263-2743
MS PATRICIA GARCIA
MS MARGARET PARK, DIRECTOR TRIBAL HISTORIC PRESERVATION
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OFFICE
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"ffAG NDANSUA ENTE BAND OF CAHUILLAAGUA CALRENTE BAND OF CAHUILLA
�`�` PLANNING&DEVELOPMENT DEPT. INDIANS
5401 DINAH SHORE DRIVE 5401 DINAH SHORE DRIVE
PALM SPRINGS,CA 92264 PALM SPRINGS, CA 92264
SOBOBA BAND OF LUISEIJO INDIANS
ATTN: JOSEPH ONTIVEROS
CULTURAL RESOURCES MANAGER
P.O. BOX 487
SAN JACINTO, CA 92581
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1202-C —APPLICATION BY THE CITY OF PALM SPRINGS
AMENDING THE PALM SPRINGS ZONING CODE
RELATING TO PORTABLE OPEN SIGNS
IN COMMERCIAL AREAS OF THE CITY
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of September 17, 2014. The City Council meeting begins
at 1:30 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm
Springs.
The purpose of the hearing is to consider Case 5.1202-C, an application by the City of Palm
Springs to amend Palm Springs Zoning Code Section 93.20.09.B.5 expanding the area where
portable open signs are allowed to the east side of North Indian Canyon Drive from Ramon
Road to Alejo Road.
ENVIRONMENTAL DETERMINATION: The City of Palm Springs, in its capacity as the lead
agency for this project, under the California Environmental Quality Act (CEQA) has determined
that the proposed Zoning Ordinance text amendment is Categorically Exempt under Section
15305, Minor Alterations in Land Use Limitations of the Guidelines for the Implementation of
CEQA. The proposed amendment does not result in any changes in land use or density.
REVIEW OF INFORMATION: The staff report and other supporting documents regarding this
project are also available for public review at City Hall between the hours of 8:00 a.m. and 6:00
p.m., Monday through Thursday. Please contact the Office of the City Clerk (760) 323-8204 if
you would like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the
public hearing and/or in writing before the hearing. Written comments may be made to the City
Council by letter (mail or hand delivery) to:
James Thompson, City Clerk
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposal in court may be limited to raising only those issues raised at the
public hearing described in this notice, or in written correspondence delivered to the City Clerk
at, or prior to, the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Edward O. Robertson, Principal City Planner at the
Department of Planning Services at (760) 323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger (760) 323-8245.
ames Thompson, City Clerk
08
Kathie Hart
From: Joanne Bruggemans
Sent: Thursday,September 04, 2014 5:21 PM
To: Andreas Hills;Araby Commons;Araby Cove; Baristo;Canyon Corridor;Chino Canyon; Deepwell
Estates; Demuth Park; Desert Park Estates; El Mirador; El Rancho Vista Estates; Four Seasons;
Historic Tennis Club; Indian Canyons; Los Compadres; Midtown; Mountain Gate; Movie Colony East;
Old Las Palmas; Parkview Mobile Estates; Racquet Club Estates; Racquet Club South; Racquet Club
West;Sonora Sunrise;Sunmor;Sunrise Park;Sunrise Vista Chino;Tahquitz River Estates;The Mesa;
The Movie Colony;Twin Palms;Vista Las Palmas;Vista Norte;Warm Sands
Cc: Edward Robertson; Kathie Hart
Subject: 5.1202-C-Portable Open Signs
Attachments: 1275_001.pdf
To All—
Please find the attached Public Hearing Notice of the City Council for September 17, 2014 of the proposed Zone Text
Amendment.
Thank you,
J
Joanne Bruggemans
City of Palm Springs
Planning Services Department
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Phone: (760) 323-8245 Fax: (760) 322-8360
Email: joanne.bruggemans palmspringsca-gov
09
Not So Innocent
2100 N. Palm Canyon #B-101 (
Palm Springs, CA 92262
760-322-0999
Dear Neighboring Business,
I have been doing research about us being able to have A-Frame signs outside of our businesses
here on the north end.
According to the codes of Palm Springs, businesses south of Vista Chino (especially downtown) is
allowed to have these signs, but not those north of Vista Chino. This to me is segregation and
discrimination towards our location and businesses.
Please join me at the next council meeting this Wednesday and share your thoughts on this with
the council. Everyone has 3 minutes to speak. We need to speak up and get our businesses
noticed with these signs. If your business doesn't want these for yourself, would you be willing
to speak up for us other businesses that would like one?
When traffic is going by at 50-60 miles per hour, any extra signage is a huge help to get us
noticed by this passing traffic. Every car is a potential customer to us all.
Please attend if you can. If not, send a letter to the city council and make your voice heard.
Bill Freyer &Joey Valenzuela
City Council Meeting
Wednesday, May 7, 2014 at 6 p.m.
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
760.323.8299
y� � 1.D-
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Jennifer Nelson
From: Nadine Fieger
Sent Friday,September 12,2014 4.45 PM .
To: Jennifer Nelson
Cc: 'billfreyer@att.net'
Subject: "Not So Innocent", 2100 North Palm Canyon Drive
Hi Jennifer:
Bill Freyer and Joey Valenzuela are the owners of"Not So Innocent"at 2100 North Palm Canyon Drive and I am copying
Bill on this E-mail. I have stopped by the store several times to remind them that the OPEN flag pictured below is not
something that our sign code allows. Bill said that he spoke at a City Council meeting in May to ask about using a
Portable OPEN Sign at his store, located north of the section of Palm Canyon where Portable OPEN Signs are allowed,
and submitted some written information to Council at that time. It was his understanding that someone was going to
get back to him, but he has not heard anything. He said he would gladly stop using the flag if he could use a Portable
OPEN Sign. He would appreciate a call and his cell phone number is(619)846-0581.
Thanks for your help,
Nadine
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Nadine T.Fieger,Sr.Code Compliance Officer
Office: (760)322-8364 x 8758 Cell:(760)285-1139
Nadine.Fieeerf Dpa Imsy ringsca.eov
Please note,City Hall is open Monday-Thursday,however my work schedule is Wednesday-Saturday.
How am I doing? Please contact my supervisor at iim.zicaroC�oalmsorinesca.Qov
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Nadine T.Fieger, Sr.Code Compliance Officer
Office: (760)322-8364 x 8758 Cell: (760)285-1139
Nadine.FiegerPpalmspringsca.gov
Please note,City Hall is open Monday-Thursday, however my work schedule is Wednesday-Saturday.
Haw am I doing? Please contact my supervisor at iim.zicaroPpalmspringsca.gov
2