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Home My WebLink About7/16/2014 - STAFF REPORTS - 1.A iy V N a + e+' Cq<,FOR I�`? CITY COUNCIL STAFF REPORT DATE: JULY 16, 2014 PUBLIC HEARING SUBJECT: ZTA 5.1202 — PORTABLE OPEN SIGNS — AN AMENDMENT TO THE PALM SPRINGS ZONING CODE TO EXTEND THE TERM FOR ALLOWING PORTABLE "OPEN" SIGNS IN FRONT OF COMMERCIAL BUSINESSES (PALM SPRINGS ZONING CODE SECTION 93.20.09.13.5.). FROM: David H. Ready, City Manager BY: Planning Department 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. The ordinance was extended for two years and it has now returned to the City Council for consideration of further extension. A draft ordinance extending the term for two years has been prepared for the Council's consideration and approval. A public hearing is required. 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 SECTION 3 OF ORDINANCE NO. 1744 (RELATING TO PALM SPRINGS ZONING CODE SECTION 93.20.09.B.5, PORTABLE OPEN SIGNS) BY EXTENDING THE PROVISIONS OF ORDINANCE NO. 1744 TO OCTOBER 3, 2016". ITEM NO. �' City Council Staff Report July 16, 2014 Case 5.1202—ZTA— Extension of Section 93.20.09.13.5—Portable Open Signs Page 2 of 3 PRIOR ACTIONS: 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. The ordinance included an expiration date of October 3, 2010, unless extended. On September 12, 2008, the City 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. 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. Without an extension, portable "open" signs would not be permitted after October 3, 2014. The City issued permits for 49 portable open signs from adoption in 2008 through 2009. In the period 2010-11, 48 signs were approved. In 2012-13, only 21 signs were approved. In the first half of 2014, 42 signs have been approved. Most permits have been issued to businesses on Palm Canyon and the side-streets in the downtown area; a few others have been granted for the uptown area and on the west side of Indian Canyon. The types of businesses to which permits have been granted vary widely, but the majority of applicants are restaurants, beauty and hair salons, restaurants and gift stores. Staff notes that the Code Enforcement department provided outreach to the business community in the fall of 2008, including information about what was allowed and what remained prohibited under the new ordnance. Compliance has been fairly uniform, though some signs have been placed without permits and others are non-conforming for various reasons (added balloons, lights, etc.). There have been variable complaints and enforcement action necessary in the last 2 years. Code Enforcement conducts regular patrols and outreach in the downtown area. The decision to extend the term for portable "open" signs is entirely at the discretion of the City Council. Staffs experience to date suggests that most signs are in compliance and not every merchant seems to want such a sign. 02 City Council Staff Report July 16, 2014 Case 5.1202—ZTA— Extension of Section 93.20.09.B.5— Portable Open Signs Page 3 of 3 Options include: 1. No extension. If adopted, the signs would be subject to immediate removal. 2. Removal of any term. If adopted, the signs would be allowed indefinitely, subject to the standards and administrative rules and guidelines. 3. Extension of the term. If adopted, signs would continue to be allowed for an additional term, which could be revisited and further extended in the future. The Council may adopt any term; however, staff believes that a term much less than two years would not be justified considering notice and hearing requirements for future extensions. 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. M. Margo Wheeler, FAICP David H. Ready Director of Planning Services City Manager mes Thompson City Clerk Attachments: - Draft Ordinance (two-year extension) - Section 93.20.09(B)(5) of PSZC 03 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3 OF ORDINANCE NO. 1744 RELATING TO PALM SPRINGS ZONING CODE SECTION 93.20.093.5, PORTABLE OPEN SIGNS BY EXTENDING THE PROVISIONS OF ORDINANCE NO. 1744 TO OCTOBER 3, 2016. City Attorney's Summary Ordinance No. 1744, relating to portable open signs, was extended for two years and expired on October 3, 2012. Ordinance No. 1815 extended Ordinance No. 1744. This Ordinance extends Ordinance No. 1815 to October 3, 2016. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Section 3 of Ordinance No. 1744 is amended to read: SECTION 3. This Ordinance shall expire on October 3, 2016, unless reauthorized by action of the City Council. SECTION 2: 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 this 3rd day of September 2014. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY 04 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on July 2, 2014 and adopted at a regular meeting of the City Council held on July 23, 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 05 93.20.09 Permitted signs—Downtown/uptown.* * CodeAlert: This topic has been affected by 1815. To view amendments and newly added provisions, please refer to the CodeAlert Ordinance List. 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 any retail business in the C-B-D zone and on North Palm Canyon Drive between Alejo Road and Vista Chino, subject to the following requirements: a. One (1) 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(1) 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 three(3)feet from any street or parking curb; however, in no case may any sign impede pedestrian traffic. A forty-eight(48) inch clear paved pathway for ADA access must be maintained at all times. C. A portable open sign shall not exceed forty-two(42) inches in height and thirty-two (32) inches in width. The sign may be two(2) 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 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. It. 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. * Pursuant to Section 3 of Ordinance No. 1744 and amended by Ordinance No. 1815,PSZC Section 93.20.09(B)(5)regarding portable open signs,expires October 3,2014.unless otherwise reauthorized by action of the city council. 06 CITY OF PALM SPRINGS PUBLIC NOTIFICATION Date: July 16, 2014 Subject: Case 5.1202-13 Re: Portable Open Signs in Commercial Areas AFFIDAVIT OF PUBLICATION I, Cynthia A. Berardi, Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that the attached Resolutions were published in the Desert Sun on July 5, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. Cynthia A. Berardi, CIVIC Deputy City Clerk AFFIDAVIT OF POSTING I, Cynthia A. Berardi, Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that the attached Resolutions were 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 July 5, 2014. 1 declare Wder penalty of perjury that the foregoing is true and correct. Cyn is A. erardi, CIVIC Deputy City Clerk 07 =MAN ;, MODERN COMMITTEE MR PETE MORUZZI PALM SPRINGS P.O. BOX 4738 PALM SPRINGS, CA 92263-4738 at, CITY OF PALM SPRINGS CASE 5.1202-B ZTA PLANNING SERVICES DEPARTMENT MRS. JOANNE BRUGGEMANS ATTN SECRETARY/5.1202-B ZTA 506 W. SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263-2743 IA MS MARGARET PARK, DIRECTOR RI PATRICIA AGUA CALIENTE BAND OF CAHUILLA TRIBAL HISTORRICIC PRESERVATION OFFICER INDIANS AGUA CALIENTE BAND OF CAHUILLA ' „ 3, mC71 y".-.,,...,i ` '�' PLANNING& DEVELOPMENT DEPT. INDIANS 5401 DINAH SHORE DRIVE 5401 DINAH SHORE DRIVE PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 SOBOBA BAND OF LUISENO INDIANS o0 ATTN:JOSEPH ONTIVEROS Anna- RICHARD G WA n❑ PARAi FGAr CULTURAL RESOURCES MANAGER 7h24 4 STREET nnnr P.O. BOX 487 102 RANCHOS DFALBUQUIERQUE, NM SAN JACINTO, CA 92581 A7407 Cindy Berardi From: Joanne Bruggemans Sent: Thursday,July 03, 2014 2:28 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: Margo Wheeler; Cindy Berardi; Terri Hintz Subject: Case 5.1202-B ZTA - Portable Open Signs Attachments: CC PHN 07 16 2014 Case 5 1202B Re Portable Open Signs.pdf Good afternoon— Please find the attached Public Hearing Notice of the City Council for July 16, 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: ioanne.bruggemans(apalmspringsca-gov t NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1202-B —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 July 16, 2014. The City Council meeting begins at 6:00 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-B, an application by the City of Palm Springs to authorize an extension of Palm Springs Zoning Code Section 93.20.09.B.5 relating to the use of portable `open" signs in commercial areas of the City. 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 M. Margo Wheeler, F.A.I.C.P., Director 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. ;?mels Thompson, City Clerk 08 The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-7784731 ; u I €t 2014 JUL -O A,, 8704 State Of California ss: County of Riverside I I' NOTICE OF PUBLIC HEARING CITY COUNCIL Advertiser: CITY OF PALM SPRINGS CITY OF PALM SPRINGS/LEGALS CASE 5.1202-B.-APPLICATION BY PO BOX 2743 THE CITY OF PALM SPRINGS AMENDING THE PALM SPRINGS ZONING CODE PALM SPRINGS CA 922632 I RELATINGTO PORTABLE OPEN SIGNS .: IN COMMERCIALAREAS OF THE CITY I NOTICE IS HEREBY GIVEN that the Oily,Councir of the 2000442343 City of Palm Springs California, will hold_a public hearing at its meeting of July:16,2014. The City'Councilmeeting - begins at 6:00p.m. in the Council Ch2mber at City Hail, 3200 East.Tahquitz Canyon Way,'palm Springs. The purpose of the hearing is to consider Case 5.1202- I am over the age of 18 ears old, a citizen of the United a an application by the City of PalmSprings to authorize 9 Y extension of Palm_Springs Zoning-Code-Section' States and not a party to, or have interest in this matter. I 93.2 09.B.5 relating to the use of portable-"opera-signs in hereby certify that the attached advertisement appeared commercial areas of the City.' - in said newspaper (set in type not smaller than non panel) - 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 (CEOA) Newspaper: .The Desert Sun has determine" that the proposed,Zonh Ordinance text'sm MI or t is Categorically Exempts-under Section 1 u(al-Minor Alterations in Land use Limitations-of the Guidelines for the that of GEQA::The proposed 7/5/2014 amendment does not result in any ch density changes in land use or REVIEW OF INFORMATION: support The staff report and other ing I documents regarding this matter are available for public review at City Hall between the hours of 8.00 a.m: and 6:00 p,m., Monday through Thursday. Please I acknowledge that I am a principal clerk of the printer of contact the Office:.of the City Clerk at (760)'323-8204 if The Desert Sun, printed and published weekly in the City you would like to schedule an appointment to review these of Palm Springs, County of Riverside, State of California. documents The Desert Sun was adjudicated a newspaper of general COMMENT ON r circulation on March 24, 1988 b the Superior Court of the THIS APPLICATION: Response to this Y P or in wrnay be orflrle the erbally at ahe Public Hearing and/ County of Riverside, State of California Case No. made to fore' 'hearing.Written comments may be 191236. ty,Council by letter(for mail or hand delivery) to. I declare under penalty of perjury that the foregoing is true _ James Thompson,.City,Clerk and correct. Executed on this 5th day of July, 2014 in 3200 E.Tahquitz Canyon Way._,. Palm Springs,Ca' %Palm Springs,CA 92262 0 raisin'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 Sactio11.65009[b1[2j) De larant's re AnoPPortunitywillbe given at Said heanngfor all imerested be persons to be heartl Questions regarding;hls case ma dnected to M Margo Wheeler, Fq I C P.;Director of I v 1 Planning Servicas, at(760)323-8245 Si necesi}a ayuda. con esta Carta,"por favor,llama a la 1 (� Ciudad de Palm Springs y puede hablar con Nadine Fie ger tel€fono j760)323.,8245. James Thom son,C' f'$lerk