HomeMy WebLinkAbout9/4/2013 - STAFF REPORTS - 1.D. Judy Deertrack
1333 South Belardo Road, Apt 510
Palm Springs, CA 92264
Home Phone: 760 325 4290
Email: judo iudydeertrack.com
Wednesday, September 4 2013
To the City Council
Palm Springs, California
Re: Agenda Item 1 D
Public Notice Requirements Case 5.1302 ZTA
City Council Hearing September 4, 2013
To the Honorable City Council:
Thank you for the opportunity to comment, and as always, thank you for your work on behalf of the City of Palm Springs.
Agenda Item 1D appears to be a response to public commentary that was submitted by affected renters immediately
adjacent to Mr. Wessman's Dakota Project that was approved earlier this summer. I deeply applaud the City Council for a
response to our stated concerns to strengthen public notice requirements. I would, however, like to see the City Council
go even farther with its efforts. The proposed Ordinance extends notice to neighborhood organizations from 400 feet to
500 feet. However, against a staff recommendation, the Planning Commission recommended that the ordinance be
discretionary notice rather than required. It also did not extend public notice to renters who, according to the general plan
of the City, comprise roughly 50% of the city's housing residents.
I would recommend that this ordinance be amended to allow for required (rather than discretionary) notice to
neighborhood associations, and include all persons within the area of impact of a project regardless of whether they own
or rent — because they are affected. Otherwise, a large portion of the population is excluded from the notice
requirements, and a disproportionate impact falls upon lower income residents who are not receiving equal treatment.
Thank you for allowing me to comment.
With regard,
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Jud D e*
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cq<rFoit CITY COUNCIL STAFF REPORT
DATE: September 4, 2013 Public Hearing
SUBJECT: PROPOSED CITY COUNCIL ORDINANCE AMENDING THE PALM
SPRINGS MUNICIPAL CODE (SECTIONS 8.05, 14.20, 93.23 AND 94.02-
92.08 AND 94.09) TO EXPAND PUBLIC HEARING NOTIFICATION AND
REQUIRE NOTICING SIGNAGE (CASE 5.1302 ZTA).
FROM: David H. Ready, City Manager
BY: Margo Wheeler, AICP, Director of Planning Services
SUMMARY
The existing procedure required by code for public hearing notices is proposed to be
expanded to provide more methods of noticing to more persons.
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 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)."
PREVIOUS ACTIONS:
On August 14, 2013, the Planning Commission held a public hearing on this matter.
The Planning Commission voted to change staffs original proposal of notifying the 4
nearest neighborhood organizations to a half mile radius. Staff concurs with this
change and it is reflected in the ordinance presented.
951986.1 ITEM NO.
City Council Staff Report
September 4, 2013- Page 2
Case 5.1302 ZTA/Expand Public Hearing Notification
The Planning Commission voted that neighborhood meetings remain only "strongly
recommended" as they are now. Staff believes that requiring meetings ensures that
they will occur.
STAFF ANALYSIS:
The following charts depict the changes proposed.
Current Code Proposed
Mailing Distance 400' 500,
Si na a Recommended Required
Neighborhood Recommended Recommended (PC)
Meeting
..,�
Distance Five hundred feet will match the most stringent requirements of
State Law.
Parties Notification will be required to go to Registered Neighborhood
Organizations within one half mile of subject property.
Signs 2' X T, 6' above grade signs shall be required to be posted on
sites for GPA's, Rezoning including: PDD and CUP (new
construction).
Neighborhood A neighborhood meeting is recommended for all GPA, RZ, and
Meetings PDD applications. Such a meeting would be held by the
developer in order to answer questions by concerned citizens.
Staff will attend and monitor only.
A handout with specific details on both sign posting and neighborhood meetings is
provided.
These methods are the most proven to ensure adequate notification of citizenry
concerned about specific projects.
Additionally, the Land Use permit process, which is administrative, has no provision for
notification. The proposal is to require notification neighborhood organizations within 1/2
mile so that they may comment with issues and concerns and also to be notified of the
use in their neighborhood.
The attached ordinance reflects proposed changes to the code.
02
951986.1
City Council Staff Report
September 4, 2013 - Page 3
Case 5.1302 ZTA/ Expand Public Hearing Notification
NOTIFICATION:
Notice was provided by advertisement in the Desert Sun. No comments have been
received at this time.
ENVIRONMENTAL DETERMINATION:
The subject zoning 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).)
FISCAL IMPACT:
None.
Z(/_� Lzzz
M. Margo Wheeler, AI P
Director of Planning Services
David H. Ready, City ger
Attachments:
1. Draft Ordinance - Zone Text Amendment
2. Planning Commission Resolution No. 6342
3. Planning Commission Minutes (Aug. 14, 2013)
4. Proposed On-Site Posting Requirements &Affidavit
5. Proposed Neighborhood Meeting Requirements & Notice
6. Existing On-Site Posting Directions
7. Existing Developer Outreach to Neighborhoods Directions
03
951986.1
ORDINANCE NO.
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 04
Ordinance No. September4, 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. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
951976.1 05
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,C 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:
06
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.
07 -
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 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.
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
08
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 10 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
Q�
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 are based on project area, as follows:
1 acre or 24"Hx36"W 2" 1.6'
less
1.01 to 9.99 36"Hx48"W 3" 2"
acres
More than 10 48"Hx48"W 4" 3"
acres
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.
10
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.
8. Timing.
a. The required number of signs shall be posted on the property
at least 10 days prior to the first public meeting of a duly appointed City
Commission or Committee.
b. Required signs shall remain visible and legible from 10 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.
11
b. Posting on utility poles, light poles, trees or in the public-
right-of-way is prohibited.
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.
12
RESOLUTION NO. 6342
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA
RECOMMENDING APPROVAL OF A PROPOSED ZONE
TEXT AMENDMENT FOR SECTIONS 8.05,14.20, 93.23,
94.02-08 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO PUBLIC HEARING NOTIFICATION AND
ESTABLISHING NEIGHBORHOOD MEETINGS (CASE
5.1302 ZTA).
WHEREAS, the proposed amendment is considered a 'project" pursuant to the terms
of the California Environmental Quality Act ("CEQA"), and the it has been
recommended that the proposed amendment be determined to be Categorically
Exempt from the provisions of CEQA under Section 15305 (Minor Alterations in Land
Use Limitations) of the Guidelines for the California Environmental Quality Act because
the proposed zone text amendment proposes only insignificant changes to the title and
provides for increased public notification for development projects.
WHEREAS, a notice of public hearing of the Planning Commission of the City of Palm
Springs, California for Case 5.1302 ZTA (Zone Text Amendment) was given in
accordance with applicable law; and
WHEREAS, on August 14, 2013 a public hearing of the Planning Commission was held
to review said case, and at said hearing the Planning Commission 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 PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
SECTION 1. Pursuant to CEQA, the Planning Commission hereby recommends that
the City Council determine that the proposed zone text amendment (Case 5.1302 ZTA)
is Categorically Exempt from the provisions of CEQA under Section 15305 (Minor
Alterations in Land Use Limitations) of the Guidelines for the California Environmental
Quality Act because the proposed zone text amendment proposes only insignificant
changes to the title and including the establishment of neighborhood meetings and
expanded notification for public hearings.
SECTION 2: Pursuant to PSZC Section 94.07.01 (Zoning Ordinance Text
Amendment), the Planning Commission finds as follows:
A. 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
land resources..."; and the amendment proposes to modify the existing
procedure for public hearing notification by expanding the radius, requiring 13
Planning Commission Resolution No. 6342 August 14. 2013
Case 5.1302 ZTA Page 2 of 2
signage on vacant lots and neighborhood meetings for changes of general plan
designation and rezoning.
B. 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.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends that the City Council determine that the proposed
zone text amendment Case 5.1302 ZTA is Categorically Exempt from the provisions of
CEQA under Section 15305 (Minor Alterations in Land Use Limitations) of the
Guidelines for the California Environmental Quality Act and also recommends adoption
of an ordinance to approve a zone text amendment (Case 5.13020 ZTA), as set forth in
Exhibit A.
ADOPTED this 14th day of August, 2013.
AYES: 5, Commissioner Calerdine, Chair Donenfeld, Vice-Chair Hudson,
Commissioner Klatchko and Commissioner Lowe
NOES: None
ABSENT: 2, Commissioner Roberts and Commissioner Weremiuk
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
M. Margo Wheeler, AICP
Director of Planning Services
14
Planning Commission Minutes 2
August 14, 2013
TION: To approve, as amended (minutes of June 26, 2013).
(Notin Commissioner Lowe's abstention on the minutes of June 26, 2013.)
Motion Co issioner Calerdine, seconded by Chair Donenfeld and u nimously
carried on a ro call vote.
AYES: Comm" sioner Calerdine, Commissioner Klakhko, Co issioner Lowe,
Vice Cha Hudson and Chair Donenfeld
ABSENT: Commissio r Roberts and Commissi ere uk
PUBLIC HEARINGS:
2. TENTATIVE PARCEL MAP A TI BY THE AU OF INDIAN
AFFAIRS ON BEHALF OF DIANA B LU E BO SUBDIVIDE A
ROUGHLY FIVE ACRE PARC INTO RMING P LS AND A
CLASS 15 CATEGORICAL EX (MI D DIVISIONS) RSUANT TO
CEQA FOR A PARCEL LOCA THE SIDE OF ACANTO ROAD,
ALLOTMENT 80C, ZONE R-1-B; (IL) TPM 36431). (KL)
'Staff reported that has re sted u to the next meeting of
September 11, 20
ACTION: To contin date rtain of S mber 11, 2013.
Motion d, s ed b i ner Lowe and unani usly carried on
a roll
AYE ommissio aler Commissioner Klatchko, Commissioner we,
Chair Hu n and air Donenfeld
SENT: issioner erts and Commissioner Weremiuk
3. APPLICATION CITY OF PALM SPRINGS FOR CHANGES TO THE
MUNICIPAL CODE R UIRING EXPANDED NOTIFICATION REQUIREMENTS,
INCLUDING NEIGHBORHOOD ASSOCIATIONS FOR CERTAIN APPLICATIONS
(CASE 5.1302 ZTA). (MW)
Director Wheeler presented the proposed zone text amendment to expand the
notification requirements.
Chair Donenfeld opened the public hearing and with no appearances coming forward
the public hearing was closed.
15
Planning Commission Minutes 3
August 14, 2013
The Commissioners discussed specifying a certain distance instead of 4 of the closest
neighborhood organizations for notification.
Commissioner Calerdine suggested adding language that the signs are maintained.
Commissioner Klatchko requested consideration of a distinctive color of the signs rather
than a white sign.
Commissioner Klatchko expressed concern that re a meeting would not apply to
every project and the timeframe should be muc h as a 30 day notice so that
the applicant has a chance to comment. He rred a certain distance instead
of a set number to notify the neighborhood ations.
Chair Donenfeld explained that the Plann epartment also no the Neighborhood
Organizations of the new cases that have sub ' d. He p those that are
directly more affected be notified ther than a ge.
ACTION: Recommend approval t Council, ended:
1. Neighborhood Orga ' tion Notifi 'on: ation a sent via electronic mail
to the representativ, one h ile ect "
2. Sign Copy Cr' - B: "Proje Co ation shall be two times the
minor letter size" a e City aim Sp seal shal a required with a minimum of
4" in height.
3. Delete hbor ting uirement.
4. Ad t is ired a sign is up and visible throughout the
perio a hearin udin appea d.
Motion issioner C ine, nded by Commissioner Lowe and unanimously
carried on a all vote.
AYES: Co sioner erdine, Commissioner Klatchko, Commissioner Lowe,
Vice n and Chair Donenfeld
ABSENT: Commis oberts and Commissioner Weremiuk
INiSfiEB-BM%USiN .
4. PROPOSED I ENDMENT TO PDD 321 BY THE CITY OF PALM
SPRINGS, CALIFORNIA TO E UNIFORM DEVELOPMENT STANDARDS
AND PROCEDURES FOR PROCESSING C FOR ALL LOTS IN PDD 3211
"THE MORRISON"; SECTION 14 SPECIFIC PLAN (CA AMND-F PDD 321.
(KL)
16
ALM Sp4
CITY OF PALM SPRINGS
DEPARTMENT OF PLANNING SERVICES
Cq�rFORNNP
SAMPLE
SIGN POSTING AFFIDAVIT
CASE NUMBER:
MEETING DATE:
does hereby certify that a notice as required by the Zoning code, was
visibly posted for a period of not less than ten (10) calendar days prior to the first scheduled
hearing.
G
E
E
N
A
u
T
T -p CIS
R
A
L
Signature Date
This affidavit must be returned to the Department of Planning Services, during regular business
hours three (3) business days prior to the subject application being heard by the Architectural
Advisory Committee, Planning Commission or City Council.
17
CITY OF PALM SPRINGS
DEPARTMENT OF PLANNING SERVICES
°+<isoaa�P
GENERAL PLAN AMENDMENT AND REZONING
MEETING REQUIREMENTS
APPLICANT'S STEPS TO TAKE FOR ANY NEIGHBORHOOD MEETING:
SETTING UP
• Meeting should be held at least 7 days prior to the Architectural Advisory Committee or
Planning Commission meeting (whichever comes first).
• Determine a place and time for your meeting, within the following guidelines:
Time: Start between 5:30 p.m. —6:30 p.m.
Days: Monday, Tuesday, or Thursday only (never on scheduled Planning Commission
nights or holidays).
Place: Must be a commercial or public location (not a private residence), as close as
possible to the project location, and located within the city.
• Prepare notice (see sample on following page). If the City is conducting the notification,
provide information for items b through e, but do not provide a complete notice.
Contents:
a. Thorough description of proposed project. Include "From . . . To . . .," street address
and / or Assessor Parcel Number.
b. Date of meeting.
c. Time of meeting: Provide a start time, but do not list an end time.
d. Place of meeting: Include room number/ name and directions.
e. Contact name and phone number for night of meeting for directions / questions
(contact number must be available up to and during the time of the meeting).
f. Tentative date of Planning Commission meeting.
• Fax or E-notice meeting information to the Department of Planning Services 760-323-
8245. City staff will assess for suitability of time and location. Approval or corrections to
notice will be faxed back within 2 working days. DO NOT MAIL NOTICE UNTIL CITY
APPROVED.
I 1 $
MAILING
• Approved notices must be mailed to all property owners and Lessees and Sub-Lessees
(as recorded with the Riverside County Assessor's office) within five hundred (500') of
subject property and send via electronic mail to the City of Palm Springs registered
Neighborhood Organizations within one half mile of subject property.
• Notices must be postmarked at least 10 days prior to the neighborhood meeting date.
MEETING
• Applicant and / or representative(s) are responsible to conduct the meeting, answer
questions and open and close the facility. City staff will attend, but only to monitor.
• Applicant must ensure that someone is available to answer the phone number given at
least one half(1/2) hour before and after the start time regardless of attendance.
• Applicant must remain on-site at least one half (1/2) hour after the start time regardless
of attendance.
FILING
• Applicant must complete the Neighborhood Meeting Affidavit (attached) indicating time
and date of meeting and attach the mailing list used along with a copy of the notice.
This affidavit must be notarized.
• Affidavit with attached mailing list must be delivered to the department of Planning, at
least seventy-two (72) hours prior to the Architectural Advisory Committee or Planning
Commission meeting.
2 19
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On-site Posting of Pending Project
Objective
The purpose of the City of Palm Springs' On-site Posting requirement is to advise
neighbors about pending development applications, so that they can become informed
about the project and participate in the development process, if they so choose.
Applicant Responsibility
Project applicant is responsible for placing a "Project Under Consideration" sign in a
clearly visible location on each frontage of the property.
Applicable Projects
The following projects are required to provide on-site posting:
■ General Plan Amendments
■ Zoning Map Amendments
■ Planned Development Permits
■ Conditional Use Permits (New Construction)
Sign Posting Criteria
Sign Criteria:
■ Sign face shall be % or 1-inch exterior grade plywood board.
• Posts shall be 4 x 4 wood (or similar) securely sunk into the ground.
■ The signs shall be entirely white, except for sign copy described below.
■ Sign and copy sizes are based on project area, as follows:
Project Size Sign Size Major Letter Size Minor Letter Size
1 acre or less 24" H x 36" W 2" 1.5"
1.01 to 9.99 acres 36" H x 48" W 3" 2"
More than 10 acres 48" H x 96" W 4" 3"
Sign Placement Criteria
Sign Placement Criteria
■ Free-standing signs shall have the lower edge no less than 6 feet and no more
than 7 feet above grade.
■ The sign must be placed no more than 5 feet from the property line or sidewalk.
Number of Signs.
■ One notification sign is required for projects of 5 acres or less.
■ Projects over 5 acres must have a sign on each street frontage.
■ The Director may determine that additional signs shall be posted.
2013
20
On-site Posting of Pending Project — Page 2
Sign Copy Criteria
• The sign copy must be black Helvetica Bold letters on a white background.
• Major letters shall state: "Project Under Consideration"
■ Minor letters shall specify:
o Project case number and type (PDD, rezoning, variance, etc.)
o The property address, if one has been assigned
o The applicant's name and contact phone number
o A description of the proposal (e.g. office, residential, etc.),
o The proposed traffic access and building height,
o The lot area (number of acres or square feet)
o The project site zoning
o The City Planning Department phone number
o The City seal at least 4" in height.
Timing
■ The required number of signs shall be posted on the property at least 10 days
prior to the first public meeting of a duly appointed City Commission or
Committee.
■ Required signs shall remain visible and legible from 10 days prior to the first
public meeting until final action is taken. The applicant is responsible for
ensuring compliance with this paragraph.
■ 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.
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.
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.
For more information, contact our Department of Planning Services at 760-323-8245.
2013
21
EXISTING CITY MATERIALS
22
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On-site Posting of Pending Project
Objective
The purpose of the City of Palm Springs' On-site Posting requirement is to advises
neighbors about pending development applications, so that they can become informed
about the project and participate in the development process, if they so choose.
Applicant Responsibility
Project applicant is responsible for placing a "Project Under Consideration" sign in a
clearly visible location on each frontage of the property within 14 calendar days after
submitting a Project Application to the City.
Applicable Projects
The following projects are required to provide on-site posting:
■ General Plan Amendments ■ Conditional Use Permits (New Construction)
■ Zoning Map Amendments ■ Hillside Development Applications
• Planned Development Permits • Variances
Sign Posting Criteria
Sign Criteria:
• Sign face shall be % or 1-inch exterior grade plywood board, except as noted
below for window signs.
• Posts shall be 4 x 4 wood (or similar) securely sunk into the ground
• The signs shall be entirely white, except for sign copy described below.
■ Sign and copy sizes are based on project area, as follows:
Project Size Sign Size Major Letter Size Minor Letter Size
1 acre or less 24" H x 36"1IV 2" 1.5"
1.01 to 9.99 acres 36" H x 48"W 3" 2.25"
More than 10 acres 48" H x 96" W 4" 3"
Sign Placement Criteria:
■ Free-standing signs shall have the lower edge no less than 6 feet and no
more than 7 feet above grade.
■ The sign must be placed no more than 5 feet from the property line or
sidewalk.
■ On corner vacant lots, please check with our Engineering Department to
make sure that the signs are not visibility hazards
■ In existing buildings, clearly visible signs should be located inside large
windows or outside on the building's exterior. Interior window signs may be
printed on paper, but shall conform to all other provisions of size, copy, etc.
See paae 2 for additional Information
23
On-site Posting of Pending Project — Page 2 a
Sign Copy Criteria (see sample, below):
• The sign copy must be black Helvetica Bold letters on a white background.
• Major letters shall state: "Project Under Consideration"
• Minor letters shall specify:
o Project case number and type (PDD, rezoning, variance, etc.)
o The property address, if one has been assigned
o The applicant's name and contact phone number
o A description of the proposal (e.g. office, residential, etc.),
o The proposed traffic access and building height,
o The lot area (number of acres or square feet)
o The project site zoning
o The City Planning Department phone number
• A map showing the project boundaries in relation to adjoining public roads.
PROJECT UNDER CONSIDERATION
e
A Planned Development Permit is proposed for this site.
Case No. 6.r000c/PD-root
Address: 4667 E. Main Street
Applicant: ABC Development Co. /760-555-1234
The project is a 35 unit residential condominium with
common recreational facilities and underground
parking. Access will be taken from Main Street and
Elm Street. Proposed building height is 26 feet.
Lot Area: 3.26 acres
Zone: R3 T
P. S.Planning Tel.No.
7603234245
Verification of Posting
At the time of the public hearing, the project applicant must have submitted to the City
verification of on-site posting. Verification shall be provided by a photograph of the on-
site sign, and a signed an affidavit stating that the sign have been placed on the subject
property in conformity with these provisions.
Additional Provisions
Following final action on the project, all on-site sign shall be removed within 14 days,
unless authorized by the City for other legal posting, such as PM-10 dust control.
Posting on utility poles, light poles, trees or in the public-right-of-way is prohibited.
24
For more information, contact our Planning Services Department at 760-323-8245.
L04 p ALM 1'09
iy
yq DEVELOPER OUTREACH TO NEIGHBORHOODS
[lFO The City of Palm Springs Planning Department strongly recommends that
project applicants notify surrounding property owners and any Neighborhood Organizations
located in or near the project to solicit input in the beginning stage of the design and
development process.
Here are some of the benefits that can result from early consultation with the neighbors:
• Neighborhood Organizations have testified in support of projects when their
input was sought early in the process.
• Neighborhood feedback can strengthen projects and add value to final results.
• Neighborhood feedback may prevent problems at a later stage in the
development process, often avoiding expensive delays.
• Neighborhood feedback and involvement may enhance your social and business
image, leading to more business opportunities.
• The Planning Commission and the City Council prefer to know that development
applicants have contacted Neighborhood Organizations and sought their input.
• Neighborhood Organizations can streamline a developer's contact with property
owners, bring together disparate voices, help resolve contentious issues, and
assist with positive relationships.
Numerous Neighborhood Organizations' have been officially recognized by the city and
together make up a very active Neighborhood Involvement Committee which can help you
with your outreach efforts through assistance with meetings, mailing lists, and meeting
rooms.
For assistance please contact Lee Bonno, Director of Public Affairs, City of Palm
Springs, 760.323.8255, or by email at Lee.bon nlmsprings-ca.gov
The community of Neighborhood Organizations and the City of Palm Springs look forward
to working with you and thank you for your cooperation.
"Palm Springs, by City Ordinance, established the Office of Neighborhood Involvement in April
2005, to enhance citizen involvement in and citizen communication with City government.
For more information see www.palmsi)rinasneighborhoods.com 275
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
Date: September 4, 2013
Subject: Case 5.1302 — Expanding Notification Requirements
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 Notice of Public Hearing was published in the Desert Sun
on September 24, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
MAUAD
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 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 and on August 22, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Kathie Hart, 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 August 22, 2013, in a sealed envelope, with postage prepaid,
and depositing same in the U.S. Mail at Palm Springs, California. (6 notices)
I declare under penalty of perjury that the foregoing is true and correct.
\C"Moe
Kathie Hart, CMC
Chief Deputy City Clerk
26
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs,CA 92262
760-778-4578/Fax 760-7784731
1013 ` RUC 27 A 8- Z3
i'.
State Of California ss: C'
NOTICE OF PUBLIC HEARING
County of Riverside CITY COUNCIL
)' CITY OF PALM SPRINGS
Advertiser:
CASE 5.1302 Ziq
APPLICATION BY THE CITY OF PALM SPRINGS
CITY OF PALM SPRINGS/LEGALS I FOR CHANGES TO THE MUNICIPAL CODE REQUIRING
PO BOX 2743 EXPANDED NOTIFICATION REQUIREMENTS,
PALM SPRINGS CA 922632 INCLUDING NEIGHBORHOOD ASSOCIATIONS FOR
CERTAIN APPLICATIONS
NOTICE IS HEREBY GIVEN that the City Council of the
2000376975 City of Palm Springs,California,will hold a public hearing
at its meeting of September 4, 2013. The City Council
meeting begins at 6:00 p.m. in the Council Chamber at
City Hall,3200 East Tahquitz Canyon Way,Palm Springs.
I am over the age of 18 years old, a citizen of the United L!. The purpose of the hearing is to consider an application
States and not a party to, or have interest in this matter. I [I by the City of Palm Springs to amend the Palm Springs
hereby certify that the attached advertisement appeared j Municipal Code Chapter 8.05, 14.20, and Zoning Code
in said newspaper (set in type not smaller Than non parieq Sections 93.23 and 94.02 through 94.08, inclusive, to
in each and entire issue of said newspaper and not in any I expand notification to require neighborhood organizatlon
supplement thereof on the following dates,to wit: notification for land use permits.
I
Newspaper: .The Desert Sun ': _ REVIEW OF INFORMATION:The staff report and other
i. supporting documents regarding this item are available
for public review at City Hall between the hours of 8:00
8/24/2013 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
.j documents. I
IfCOMMENTS: Response to this notice may be made
I acknowledge that I am a principal clerk of the printer of verbally at the Public Hearing and/or in writing before
The Desert Sun, printed and published weekly in the City I`" the hearing. Written comments may be made to the City
of Palm Springs, County of Riverside, State of California. Council by letter(for mail or hand delivery)to:
The Desert Sun was adjudicated a newspaper of general )l
circulation on March 24, 1988 by the Superior Court of the I i• James Thompson,City Clerk
County of Riverside. State of California Case No, Fp 3200 E.Tahquitz Canyon Way
191236. 'i" Palm Springs,CA 92262
IIII'
declare under penalty of perjury that the foregoing is true Any challenge of the proposed project in court may
be limited to raising only those issues raised at the
and correct. Execute this 24th day of August, 2013 in public hearing described in this notice, ai in written
Palm Springs, dor a. I: correspondence delivered to the City Clerk at,or prior to,
the public hearing. (Government Code Section 65009[b]
An opportunity will be given at said hearing for all
interested persons to be heard. Questions regarding this
D clay 's Sfgn a �,. case may be directed to M. Margo Wheeler, Director of
Planning Services,at(760)323-8245.
to!,� •`� , Si neceseta ayuda con esta carte, por favor flame a Is
. I Ciudad de-Palm Springs y puede hablar con Nadine
1 I Fieger tale no(760)323-8245.
x :1
` a James Thompson,City Clerk
oeameerw,
MR PETE MORUZZI
PALM SPRINGS MODERN COMMITTEE
P.O. BOX 4738
PALM SPRINGS, CA 92263-4738
CITY OF PALM SPRINGS CASE 5.1302 ZTA
PLANNING SERVICES DEPARTMENT MRS. JOANNE BRUGGEMANS
ATTN SECRETARY 15.1302 ZTA 506 W.SANTA CATALINA ROAD
PO BOX 2743 PALM SPRINGS, CA 92262
PALM SPRINGS, CA 92263-2743
MS MARGARET PARK
AGUA CALIENTE BAND OF CAHUILLA
INDIANS
5401 DINAH SHORE DRIVE
PALM SPRINGS, CA 92264
SOBOBA BAND OF LUISEAO INDIANS LUEBBEN JOHNSON& BARNHOUSE,
ATTN:JOSEPH ONTIVEROS LLP
II ! CULTURAL RESOURCES MANAGER ATTN:RICHARD C. WADE, PARALEGAL
BOX 487 7424 4 STREET NW
P.O.
SAN BOXJAC 487 CA 92581 LOS RANCHOS DE ALBUQUERQUE, NM
87107
Ids
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1302 ZTA
APPLICATION BY THE CITY OF PALM SPRINGS
FOR CHANGES TO THE MUNICIPAL CODE REQUIRING EXPANDED
NOTIFICATION REQUIREMENTS, INCLUDING NEIGHBORHOOD
ASSOCIATIONS FOR CERTAIN APPLICATIONS
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 4, 2013. 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 an application by the City of Palm Springs to amend
the Palm Springs Municipal Code Chapter 8.05, 14.20, and Zoning Code Sections 93.23 and
94.02 through 94.08, inclusive, to expand notification to require neighborhood organization
notification for land use permits.
REVIEW OF INFORMATION: The staff report and other supporting documents regarding this
item 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 contact the Office of the City Clerk (760) 323-8204 if you
would like to schedule an appointment to review these documents.
COMMENTS: 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 (for
mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project 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, Director of Planning Services, at
(760) 323-8245.
Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760) 323-8245.
mes Thompson, City Clerk
27