HomeMy WebLinkAbout9/18/2013 - STAFF REPORTS - 2.D. >O�?ALMSA�
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`c4<<F0Ra�P City Council Staff Report
DATE: September 4, 2013 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1829,
AMENDING PALM SPRINGS MUNICIPAL AND ZONING CODES
RELATING TO PUBLIC HEARING NOTIFICATION AND NOTICING
SIGNAGE
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1829.
RECOMMENDATION:
Waive the reading of the full text of the ordinance and adopt Ordinance No. 1829, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM
SPRINGS MUNICIPAL CODE SECTIONS 8.05, 14.20, AND ZONING CODE
SECTIONS 93.23 AND 94.02 THROUGH 94.08, INCLUSIVE, AND ADDING SECTION
94.09 TO THE PALM SPRINGS ZONING CODE RELATING TO PUBLIC HEARING
NOTIFICATION AND NOTICING SIGNAGE."
STAFF ANALYSIS:
On September 4, 2013, Ordinance No. 1829 was introduced for first reading, as noted
below:
ACTION: 1) Waive the reading of the ordinance text in its entirety and read by
title only; and 2) Introduce on first reading Ordinance No. 1829, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
PALM SPRINGS MUNICIPAL CODE SECTIONS 8.05, 14.20, AND ZONING
CODE SECTIONS 93.23 AND 94.02 THROUGH 94.08, INCLUSIVE, AND
ADDING SECTION 94.09 TO THE PALM SPRINGS ZONING CODE RELATING
TO PUBLIC HEARING NOTIFICATION AND NOTICING SIGNAGE;' amending
Exhibit A to the ordinance as follows: Section 94.09.00(F)(8) to provide the
Item No. 2 . D .
ADOPTION OF ORDINANCE NO. 1829
September 18. 2013
Page 2 of 2
signage, shall be posted for 30 days, Section 94.09.00(E)(4) to require the
electronic mail notification to Neighborhood Organizations is required by Staff,
Section 94.09.00(F)(4) to require one size for all signs as 36"H by 48"W. Motion
Councilmember Foat, seconded by Mayor Pro Tern Mills and unanimously
carried on a roll call vote.
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
ames Thompson David H. Ready, Esq
City Clerk City Manager
/kd h
Attachment: Ordinance No. 1829
02
ORDINANCE NO. 1829
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA AMENDING SECTIONS 8.05, 14,20, 93.23,
AND 94.02 - 94.08 AND ADDING SECTION 94.09 TO THE
PALM SPRINGS MUNICIPAL CODE RELATING TO
PUBLIC HEARING NOTIFICATION AND NOTICING
SIGNAGE (CASE 5.1302 ZTA).
City Attorney's Summary
This Ordinance amends sections 8.05 and 14.20 of the Palm
Springs Municipal Code, amends sections 93.02 and 94.02
through 94.08 of the Palm Springs Zoning Code, and adds
section 94.09 to the Palm Springs Zoning Code to modify the
existing procedure for public hearing notification and to
require noticing signage.
The City Council of the City of Palm Springs hereby finds:
A. A notice of public hearing of the City Council of the City of Palm Springs,
California for Case 5.1302 ZTA (Zone Text Amendment) was given in accordance with
applicable law; and
B. On September 4, 2013 a public hearing of the City Council was held to review
said case, and at said hearing the City Council reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS:
SECTION 1. The City Council hereby finds that the proposed zone text amendment
(Case 5.1302 ZTA) is exempt from the California Environmental Quality Act ("CEQA").
The zone text amendment calls for minor modifications in the City's public hearing
noticing requirements and neighborhood meeting requirements. Therefore, it can be
seen with certainty that there is no possibility that the zone text amendment will have a
significant effect on the environment and the zone text amendment is exempt pursuant
to CEQA's "Common Sense" Exemption. (CEQA Guidelines § 15061(b)(3).) .
SECTION 2. Pursuant to PSZC Section 94.07.01 (Zoning Ordinance Text Amendment),
the City Council finds as follows:
The proposed zoning code amendment is consistent with the intent of the zoning
code, because, according to Section 91.00.00, the Zoning Code is adopted "For
the purpose of promoting and protecting the public health, safety and welfare of
the people of the City of Palm Springs and to provide for the social, physical and
951976.1 03
Ordinance No. September 4, 2013
Case 5.1302 ZTA Page 2 of 2
economic advantages resulting from comprehensive and orderly planned use of
land resources..."; and the amendment proposes to modify the existing
procedure for public hearing notification by expanding the radius, requiring
signage on vacant lots and neighborhood meetings for changes of general plan
designation and rezoning.
A. The proposed zoning code amendment is consistent with the intent of the
general plan, because, the intent of the General Plan is expressed in "The Palm
Springs Vision" and goals contained in the opening pages of the 2007 Palm
Springs General Plan:
The Palm Springs Vision
- A world-renowned desert resort community where residents and visitors enjoy
safe neighborhoods, an exciting social environment and a relaxing leisure
experience.
- We provide responsive, friendly and efficient public services within a
government that fosters unit among all our citizens;
Goal AD1: Maintain a contemporary General Plan that serves as a valid
foundation for decision making in the future.
Policy ADI.5: Provide the opportunity for adequate public review and comment
for development projects that have the potential to impact the
community.
Section 3. The Palm Springs Municipal Code and Palm Springs Zoning Code are
hereby amended as set forth in the attached Exhibit "A."
Section 4. 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 day of 2013.
STEPHEN P. POLIGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
951976.1 04
EXHIBIT A
Section 1. Section 8.05.140 (a) of the Palm Springs Municipal Code is amended to
delete 300' and change to 500'.
Section 2. Section 14.20.110 of the Palm Springs Municipal Code is amended to
delete 94.02.00 B 4 and change to 94.09.00.
Section 3. 94.07.00.B.6.b is amended to delete 94.07.00(B)(4) and change to
94.09.00.
Section 4. 94.08.00.A.10 is amended to delete 94.07.00 and 94.07.01 and change
each to 94.09.00.
Section 5. 94.06.00.E.3 is to be deleted and a new section shall read "The Planning
Commission shall provide for a public hearing to be held in the manner
provided for in Section 94.09".
Section 6. 94.02.00.13.4. is to be deleted and a new section shall read "The Planning
Commission shall provide for a public hearing to be held in the manner
provided for in Section 94.09".
Section 7. 94.02.00.C.2. is amended to delete 94.02.00(B)(4) to change to 94.09.00.
Section 8. 94.05.08.0 is amended to delete 94.05.06 and change to 94.09.00.
Section 9. 94.03.00.E is amended to delete "of the Conditional Use Permit as set
forth in 94.02.00(B)" and change to "as set forth in 94.09.00".
Section 10. 94.03.00.G is amended to delete 94.02.00 and change to 94.09.00.
Section 11. 93.23.15.1. is amended to delete 94.02.00.0 and change to 94.09.00.
Section 12. 94.07.00.B.4 is to be deleted and a new section shall read "The Planning
Commission shall provide for a public hearing to be held in the manner
provided for in Section 94.09.
Section 13. 94.06.00.c is to be deleted and a new section shall read "The Planning
Commission shall provide for a public hearing to be held in the manner
provided for in Section 94.09."
Section 14. 94.09 to be adopted to read as follows:
05
94.09.00 PUBLIC HEARING PROCEDURE.
A. Hearing Date.
A hearing date shall be set by the Department of Planning Services for the
Planning Commission after an application has been verified as complete.
B. Notice.
Notice of public hearing shall contain the date, time and place of the hearing and
the identity of the hearing body and the location and proposed use of the subject
property and a general description of the matter that is the subject of the
hearing.
C. Publication.
When a provision of this title requires notice of a public hearing to be given,
notice shall be published in at least one newspaper of general circulation within
the city at least 10 days prior to the hearing.
D. Posting.
The public hearing notice shall also be posted in one public location within the
city at least 10 days prior to the hearing.
E. Mailing.
1. Mailing Labels.
a. The applicant shall submit a list of all owners of property and
lessees and sub-lessees of record as shown on the latest equalized
assessment roll of the County Assessor. Addresses within 500' of the exterior
boundaries of the subject property, together with a map showing the 500' radius
drawn accurately with the subject property identified, that further identifies the
individual parcel of each property owner shall be submitted.
b. If any property on this list is owned by the United States
Government in trust for the Indian tribe, a subsequent list of the names and
addresses of individual Indian owners shall be obtained from the Bureau of
Indian Affairs and signed by the Director of Indian Affairs or his authorized
representative.
06
C. All mailing addresses of owners within a condominium complex
must be included.
d. All mailing addresses of lessees and sub-lessees of record must
be included.
e. All mailing addresses of subject property's owner, project
applicant and owners representative shall be included.
f. A certified letter from a title company or other qualified source
verifying the accuracy of the information must accompany the submittal.
g. No application shall be accepted for filing without the
required mailing list and three (3) sets of gummed and typed mailing
labels in the form required by the department of planning.
h. The Director of Planning or his/her designee shall check the
submitted list and map against city records and shall verify the accuracy
and completeness of said list as so checked.
2. Notices.
Notices shall be mailed at least 10 days prior to the hearing date to all
persons listed in Section 1 herein.
3. Number of owners to whom the notice would be mailed.
If the number of owners to whom the notice would be mailed
pursuant to this section is greater than one thousand (1,000) the city may,
in lieu of mailed notice, provide notice by placing a display advertisement
of at least one-eighth page in at least one newspaper of general
circulation within the city in which the hearing is conducted at least 10
days prior to the hearing.
4. Neighborhood Organization Notification.
Notification shall also be sent via electronic mail to the representatives
listed on the City's Neighborhood Organizations Web Page within one-half mile
of the subject site by city staff.
5. Request for Notification.
Pursuant to CGC 65092 when a provision of this title requires
notice of a public hearing, the notice shall also be mailed at least 10 days
07
before the hearing to any person who has filed a written request for
notification with the City Clerk or the Secretary of the Planning
Commission and provided stamped self-addressed envelopes or a fee as
set by City Council.
6. Additional Notice.
The Director of Planning Services may require additional notice of
the hearing by expanding the area of notification or using other means of
notification or both.
7. Failure of person to receive notice pursuant to CGC 65093.
The failure of any person or entity to receive notice given pursuant
to this title shall not constitute grounds for any court to invalidate the
actions of the city.
F. On-Site Posting.
1. Objective.
The purpose of the City of Palm Springs' On-site Posting
requirement is to advise neighbors, who do not receive mailed notification,
about pending development applications, so that they can become informed
about the project and participate in the development process, if they so
choose.
2. Applicant Responsibility.
The Project applicant is responsible for placing a "Project under
Consideration" sign in a clearly visible location on the property within 30 days prior
to the first public meeting.
3. Applicable Projects.
The following projects are required to provide on-site posting:
a. General Plan Amendments
b. Conditional Use Permits (New Construction)
C. Zoning Map Amendments
d. Planned Development District Applications
08
4. Sign Posting Criteria.
a. Sign Criteria.
1. Sign face shall be '/< or 1-inch exterior grade plywood board.
2. Posts shall be 4 x 4 wood (or similar) securely sunk into the
ground.
3. The signs shall be entirely white, except for sign copy
described below.
4. Sign and copy sizes to be as follows:
5. Sign Copy Criteria.
a. The sign copy must be black Helvetica Bold letters on a
white background.
b. Letters that state: "Project Under Consideration" shall be two
times the minor letter size.
C. Minor letters shall specify:
1. Project case number and type (PDD, Rezoning, etc.)
2. The property address, if one has been assigned
3. The applicant's name and contact phone number
4. A description of the proposal (e.g. office, residential, etc.)
5. The lot area (number of acres or square feet)
6. The project site zoning
7. The City Planning Department phone number
8. The seal of the City of Palm Springs at least 4" in height.
6. Sign Placement Criteria.
a. Free-standing signs shall have the lower edge no less than 6
feet and no more than 7 feet above grade.
b. The sign must be placed no more than 5 feet from the
property line or sidewalk.
7. Number of Signs.
a. One notification sign is required for projects of 5 acres or less.
b. Projects over 5 acres must have a sign on each street frontage.
C. The Director may determine that additional signs shall be posted.
09
8. Timing.
a. The required number of signs shall be posted on the property
at least 30 days prior to the first public meeting of a duly appointed City
Commission or Committee.
b. Required signs shall remain visible and legible from 30 days
prior to the first public meeting until final action is taken. The applicant is
responsible for ensuring compliance with this paragraph.
9. Verification of Posting.
The project applicant must submit to the city verification of on-site
posting. Verification shall be provided by a photograph of the on-site sign,
and a signed affidavit stating that the sign has been placed on the subject
property on a date specific in conformity with these provisions.
The project applicant shall be responsible to ensure the sign
remains visible on-site throughout the period before the hearing and the
appeal period.
10. Inadequate Notice.
If it is determined that adequate notice has not been provided in
accordance with this subsection, the City body, shall table or deny the
application.
11. Illegal Removal of Signage.
It is unlawful to intentionally or knowingly remove a notification sign
that has been posted in accordance with this subsection or to conceal the
sign message.
12. Additional Provisions.
a. Following final action on the project, all on-site meeting
notification signs shall be removed within 14 days unless authorized by
the City for other legal posting, such as PM-10 dust control.
b. Posting on utility poles, light poles, trees or in the public-
right-of-way is prohibited.
10
Section 17.
A new Section 94.02.01.D.2 shall be inserted to read:
a. Notification that the application has been filed
will be sent via electronic mail to the representative(s), as listed on the
City's Neighborhood Organizations Web Page, within one-half mile of the
subject site.
b. Notification shall also be mailed to any person who has filed
a written notification request with the City Clerk or Director of
Planning and provided a stamped self-addressed envelope.
Subsequent subsections shall be re-numbered.
11
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
201301' -7 'i 03
State Of California ss:
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000379730
1 am over the age of 18years old, a citizen of the United
States and not a party to, or have interest in this matter. I
hereby certify that the attached advertisement appeared
in said newspaper (set in type not smaller than non panel)
in each and entire issue of said newspaper and not in any
supplement thereof on the following dales,to wit:
Newspaper: .The Desert Sun [ No 1802
� ORDINANCE N0:1828
OF THE CITY OF PALM
10/2/2013 �RINRGS AC�FORNIA AMENDING SECTIONS
p5,142b 9323'AND 94.02-94.08 AND ADD,
. ING SECTION Roo TO THE PALM SPRING
MUNICIPAL CODE RELATING TO PUBLI
HEARING NOTIFICATION AND NOTICING
SIGNAGE(CASE 5.1302 ZTA):
City µlpmey's Summe..
Tile Ofdfh,i :intends sections 8.A5 and 1420
Itoof n Peon Splmggs Mu hr g Cade,amends sac-
SIP i g3.02 and$4:02-e a s to
Spr'vigs 2onng Code,
I acknowledge that I am a principal clerk of the rioter of ma Papa spanpS Z°"'"g Cade t°rn°dlry the exist-
The 9 P P P hg Proasdws(or,Putllic hearing nalk,on and to
The Desert Sun, printed and published weekly in the City regmIs rwlrin9 agnage.
of Palm Springs, County of Riverside, State of California. CERTIFICATION
The Desert Sun was adjudicated a newspaper of general STATE OF CALIFORNIA
circulation on March 24, 1988 by the Superior Court of the COUNTY OF RIVERSIDE as.
County Of Riverside, State of California Case No. CITY OF PALM SPRINGS
191236. I dAMES T11pMPSON,Cdv Clerk of the CM1y of
08Y11 SP 5 harebY Carn t that Ordinance tro.
18291s a full,Nvs 8efAldd coned coppyy end n Sfn was ro-
drCad at a regular meeYngalb4 a2013,amid
I declare under penalty of perjury that the foregoing is true Cly C Andl on dre SaOfPonng
Seem 1g dplg yeMCe foll�owlr5
and correct. Executed on this 2nd day of October, 2013 in vote: Z(n
Palm Springs,C rni AYES: Cocnoilmembem Foat, Hutcheson'
Lewin,Mayor Pro TOM Mills,and Mayor Paugmt
NOES: .None
SINT Hoes
�. ABSTAIN: Nana
JAMCESmTutHi SS$T Cel forRne
Pubaslw&t8R113 fs
D(lara
nt's Signature
CITY OF PALM SPRINGS
NOTIFICATION
W
City Council
Meeting Date: September 18, 2013
Subject: Ordinance No. 1829
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
October 2, 2013.
1decl`are under penalty of perjury that the foregoing is true and correct.
1
WL
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
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 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 October 1, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
`��1�
Kathie Hart, CMC
Chief Deputy City Clerk
ORDINANCE NO. 1829
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA AMENDING SECTIONS 8.05, 14.20, 93.23,
AND 94.02 - 94.08 AND ADDING SECTION 94.09 TO THE
PALM SPRINGS MUNICIPAL CODE RELATING TO
PUBLIC HEARING NOTIFICATION AND NOTICING
SIGNAGE (CASE 5.1302 ZTA).
City Attorney's Summary
This Ordinance amends sections 8.05 and 14.20 of the Palm Springs Municipal Code,
amends sections 93.02 and 94.02 through 94.08 of the Palm Springs Zoning Code, and
adds section 94.09 to the Palm Springs Zoning Code to modify the existing procedure
for public hearing notification and to require noticing signage.
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
Ordinance No. 1829 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the September 4, 2013, and adopted at a
regular meeting of the City Council held on September 18, 2013, by the following vote:
AYES: Councilmembers Foat, Hutcheson, Lewin, Mayor Pro Tern Mills,
and Mayor Pougnet
NOES: None
ABSENT: None
ABSTAIN: None
MES THOMPSON, CITY CLERK
City of Palm Springs, California
ORDINANCE NO. 1829
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA AMENDING SECTIONS 8.05, 14.20, 93.23,
AND 94.02 - 94.08 AND ADDING SECTION 94.09 TO THE
PALM SPRINGS MUNICIPAL CODE RELATING TO
PUBLIC HEARING NOTIFICATION AND NOTICING
SIGNAGE (CASE 5.1302 ZTA).
City Attorney's Summary
This Ordinance amends sections 8.05 and 14.20 of the Palm
Springs Municipal Code, amends sections 93.02 and 94.02
through 94.08 of the Palm Springs Zoning Code, and adds
section 94.09 to the Palm Springs Zoning Code to modify the
existing procedure for public hearing notification and to
require noticing signage.
The City Council of the City of Palm Springs hereby finds:
A. A notice of public hearing of the City Council of the City of Palm Springs,
California for Case 5.1302 ZTA (Zone Text Amendment) was given in accordance with
applicable law; and
B. On September 4, 2013 a public hearing of the City Council was held to
review said case, and at said hearing the City Council reviewed and considered all of
the evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
HEREBY ORDAINS:
SECTION 1. The City Council hereby finds that the proposed zone text
amendment(Case 5.1302 ZTA) is exempt from the California Environmental Quality Act
("CEQA"). The zone text amendment calls for minor modifications in the City's public
hearing noticing requirements and neighborhood meeting requirements. Therefore, it
can be seen with certainty that there is no possibility that the zone text amendment will
have a significant effect on the environment and the zone text amendment is exempt
pursuant to CEQA's "Common Sense" Exemption. (CEQA Guidelines § 15061(b)(3).) .
SECTION 2. Pursuant to PSZC Section 94.07.01 (Zoning Ordinance Text
Amendment), the City Council finds as follows:
The proposed zoning code amendment is consistent with the intent of the zoning
code, because, according to Section 91.00.00, the Zoning Code is adopted "For
the purpose of promoting and protecting the public health, safety and welfare of
the people of the City of Palm Springs and to provide for the social, physical and
economic advantages resulting from comprehensive and orderly planned use of
Ordinance No. 1829
Page 2
land resources..."; and the amendment proposes to modify the existing
procedure for public hearing notification by expanding the radius, requiring
signage on vacant lots and neighborhood meetings for changes of general plan
designation and rezoning.
A. The proposed zoning code amendment is consistent with the intent of the
general plan, because, the intent of the General Plan is expressed in "The Palm Springs
Vision" and goals contained in the opening pages of the 2007 Palm Springs General
Plan:
The Palm Springs Vision
- A world-renowned desert resort community where residents and visitors enjoy
safe neighborhoods, an exciting social environment and a relaxing leisure
experience.
- We provide responsive, friendly and efficient public services within a
government that fosters unit among all our citizens;
Goal AD1: Maintain a contemporary General Plan that serves as a valid
foundation for decision making in the future.
Policy ADI.5: Provide the opportunity for adequate public review and comment
for development projects that have the potential to impact the community.
SECTION 3. The Palm Springs Municipal Code and Palm Springs Zoning Code
are hereby amended as set forth in the attached Exhibit "A."
SECTION 4. 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 18r" DAY OF SEPTEMBER, 2013.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
Ordinance No. 1829
Page 2
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
Ordinance No. 1829 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the September 4, 2013, and adopted at a
regular meeting of the City Council held on September 18, 2013, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin,
Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
EXHIBIT A
Section 1. Section 8.05.140 (a) of the Palm Springs Municipal Code is amended to
delete 300' and change to 500'.
Section 2. Section 14.20.110 of the Palm Springs Municipal Code is amended to
delete 94.02.00 B 4 and change to 94.09.00.
Section 3. 94.07.00.B.6.b is amended to delete 94.07.00(B)(4) and change to
94.09.00.
Section 4. 94.08.00.A.10 is amended to delete 94.07.00 and 94.07.01 and change
each to 94.09.00.
Section 5. 94.06.00.E.3 is to be deleted and a new section shall read "The Planning
Commission shall provide for a public hearing to be held in the manner
provided for in Section 94.09".
Section 6. 94.02.00.B.4. is to be deleted and a new section shall read "The Planning
Commission shall provide for a public hearing to be held in the manner
provided for in Section 94.09".
Section 7. 94.02.00.C.2. is amended to delete 94.02.00(B)(4) to change to 94.09.00.
Section 8. 94.05.08.0 is amended to delete 94.05.06 and change to 94.09.00.
Section 9. 94.03.00.E is amended to delete "of the Conditional Use Permit as set
forth in 94.02.00(B)" and change to "as set forth in 94.09.00".
Section 10. 94.03.00.G is amended to delete 94.02.00 and change to 94.09.00.
Section 11. 93.23.15.1. is amended to delete 94.02.00.0 and change to 94.09.00.
Section 12. 94.07.00.13.4 is to be deleted and a new section shall read "The Planning
Commission shall provide for a public hearing to be held in the manner
provided for in Section 94.09.
Section 13. 94.06.00.c is to be deleted and a new section shall read "The Planning
Commission shall provide for a public hearing to be held in the manner
provided for in Section 94.09."
Section 14. 94.09 to be adopted to read as follows:
1 I�
94.09.00 PUBLIC HEARING PROCEDURE.
A. Hearing Date.
A hearing date shall be set by the Department of Planning Services for the
Planning Commission after an application has been verified as complete.
B. Notice.
Notice of public hearing shall contain the date, time and place of the hearing and
the identity of the hearing body and the location and proposed use of the subject
property and a general description of the matter that is the subject of the
hearing.
C. Publication.
When a provision of this title requires notice of a public hearing to be given,
notice shall be published in at least one newspaper of general circulation within
the city at least 10 days prior to the hearing.
D. Posting.
The public hearing notice shall also be posted in one public location within the
city at least 10 days prior to the hearing.
E. Mailing.
1. Mailing Labels.
a. The applicant shall submit a list of all owners of property and
lessees and sub-lessees of record as shown on the latest equalized
assessment roll of the County Assessor. Addresses within 500' of the exterior
boundaries of the subject property, together with a map showing the 500' radius
drawn accurately with the subject property identified, that further identifies the
individual parcel of each property owner shall be submitted.
b. If any property on this list is owned by the United States
Government in trust for the Indian tribe, a subsequent list of the names and
addresses of individual Indian owners shall be obtained from the Bureau of
Indian Affairs and signed by the Director of Indian Affairs or his authorized
representative.
2
G. All mailing addresses of owners within a condominium complex
must be included.
d. All mailing addresses of lessees and sub-lessees of record must
be included.
e. All mailing addresses of subject property's owner, project
applicant and owner's representative shall be included.
f. A certified letter from a title company or other qualified source
verifying the accuracy of the information must accompany the submittal.
g. No application shall be accepted for filing without the
required mailing list and three (3) sets of gummed and typed mailing
labels in the form required by the department of planning.
h. The Director of Planning or his/her designee shall check the
submitted list and map against city records and shall verify the accuracy
and completeness of said list as so checked.
2. Notices.
Notices shall be mailed at least 10 days prior to the hearing date to all
persons listed in Section 1 herein.
3. Number of owners to whom the notice would be mailed.
If the number of owners to whom the notice would be mailed
pursuant to this section is greater than one thousand (1,000) the city may,
in lieu of mailed notice, provide notice by placing a display advertisement
of at least one-eighth page in at least one newspaper of general
circulation within the city in which the hearing is conducted at least 10
days prior to the hearing.
4. Neighborhood Organization Notification.
Notification shall also be sent via electronic mail to the representatives
listed on the City's Neighborhood Organizations Web Page within one-half mile
of the subject site by city staff.
5. Request for Notification.
Pursuant to CGC 65092 when a provision of this title requires
notice of a public hearing, the notice shall also be mailed at least 10 days
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before the hearing to any person who has filed a written request for
notification with the City Clerk or the Secretary of the Planning
Commission and provided stamped self-addressed envelopes or a fee as
set by City Council.
6. Additional Notice.
The Director of Planning Services may require additional notice of
the hearing by expanding the area of notification or using other means of
notification or both.
7. Failure of person to receive notice pursuant to CGC 65093.
The failure of any person or entity to receive notice given pursuant
to this title shall not constitute grounds for any court to invalidate the
actions of the city.
F. On-Site Posting.
1. Objective.
The purpose of the City of Palm Springs' On-site Posting
requirement is to advise neighbors, who do not receive mailed notification,
about pending development applications, so that they can become informed
about the project and participate in the development process, if they so
choose.
2. Applicant Responsibility.
The Project applicant is responsible for placing a "Project under
Consideration" sign in a clearly visible location on the property within 30 days prior
to the first public meeting.
3. Applicable Projects.
The following projects are required to provide on-site posting:
a. General Plan Amendments
b. Conditional Use Permits (New Construction)
C. Zoning Map Amendments
d. Planned Development District Applications
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4. Sign Posting Criteria.
a. Sign Criteria.
1. Sign face shall be Y4 or 1-inch exterior grade plywood board.
2. Posts shall be 4 x 4 wood (or similar) securely sunk into the
ground.
3. The signs shall be entirely white, except for sign copy
described below.
4. Sign and copy sizes to be as follows:
36" H x 48"W 3" 2"
5. Sign Copy Criteria.
a. The sign copy must be black Helvetica Bold letters on a
white background.
b. Letters that state: "Project Under Consideration" shall be two
times the minor letter size.
C. Minor letters shall specify:
1. Project case number and type (PDD, Rezoning, etc.)
2. The property address, if one has been assigned
3. The applicant's name and contact phone number
4. A description of the proposal (e.g. office, residential, etc.)
5. The lot area (number of acres or square feet)
6. The project site zoning
7. The City Planning Department phone number
8. The seal of the City of Palm Springs at least 4" in height.
6. Sign Placement Criteria.
a. Free-standing signs shall have the lower edge no less than 6
feet and no more than 7 feet above grade.
b. The sign must be placed no more than 5 feet from the
property line or sidewalk.
7. Number of Signs.
a. One notification sign is required for projects of 5 acres or less.
b. Projects over 5 acres must have a sign on each street frontage.
C. The Director may determine that additional signs shall be posted.
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8. Timing.
a. The required number of signs shall be posted on the property
at least 30 days prior to the first public meeting of a duly appointed City
Commission or Committee.
b. Required signs shall remain visible and legible from 30 days
prior to the first public meeting until final action is taken. The applicant is
responsible for ensuring compliance with this paragraph.
9. Verification of Posting.
The project applicant must submit to the city verification of on-site
posting. Verification shall be provided by a photograph of the on-site sign,
and a signed affidavit stating that the sign has been placed on the subject
property on a date specific in conformity with these provisions.
The project applicant shall be responsible to ensure the sign
remains visible on-site throughout the period before the hearing and the
appeal period.
10. Inadequate Notice.
If it is determined that adequate notice has not been provided in
accordance with this subsection, the City body, shall table or deny the
application.
11. Illegal Removal of Signage.
It is unlawful to intentionally or knowingly remove a notification sign
that has been posted in accordance with this subsection or to conceal the
sign message.
12. Additional Provisions.
a. Following final action on the project, all on-site meeting
notification signs shall be removed within 14 days unless authorized by
the City for other legal posting, such as PM-10 dust control.
b. Posting on utility poles, light poles, trees or in the public-
right-of-way is prohibited.
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i
Section 17.
A new Section 94.02.01.D.2 shall be inserted to read:
a. Notification that the application has been filed
will be sent via electronic mail to the representative(s), as listed on the
City's Neighborhood Organizations Web Page, within one-half mile of the
subject site.
b. Notification shall also be mailed to any person who has filed
a written notification request with the City Clerk or Director of
Planning and provided a stamped self-addressed envelope.
Subsequent subsections shall be re-numbered.
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