HomeMy WebLinkAbout12/5/2012 - STAFF REPORTS - 1.A. �pALM SP9
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c�`'F°"N�P CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2012 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.B.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. 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, 2014"
ITEM NO. 0,. P�l _
City Council Staff Report December 5, 2012
Case 5.1202—ZTA— Extension of Section 93.20.09.6.5—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 September 26, 2012 the Planning Commission recommended 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 a two-year extension
was approved in 2010. Without an extension, portable 'open" signs would not be
permitted after October 3, 2012.
The City issued permits for 49 portable open signs in the first two years and an
additional 48 signs in the nearly two years since then. 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 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 fairly uniform, though
some signs have been placed without permits and others are non-conforming for
various reasons (added balloons, lights, etc.) 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. Further, staff believes that the look
of the downtown and uptown areas has not been adversely affected by these signs.
The Commission may consider any recommendation, including:
02
City Council Staff Report December 5, 2012
Case 5.1202—ZTA— Extension of Section 93.20.09.B.5—Portable Open Signs Page 3 of 3
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.
—AML.e'�
win CP Thomas J. ' son
D' r of P ann' g Services Assistant City Manager, Dev't Svcs
David H. Ready
City Manager
Attachments:
- Draft Ordinance (two-year extension)
- Planning Commission Resolution
- Planning Commission Meeting Minutes (September 26, 2012)
- 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 93.20.09.B.5, PORTABLE OPEN SIGNS) BY
EXTENDING THE PROVISIONS OF ORDINANCE NO.
1744 TO OCTOBER 3, 2014.
CityAttorney's Summary
Ordinance No. 1744, relating to portable open signs, was
extended for two years and expired on October 3, 2012.
This Ordinance extends Ordinance No. 1744 to October 3,
2014.
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, 2014, 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 day of 2012.
MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CITY ATTORNEY
04
RESOLUTION NO. 6293
OF THE PLANNING COMMISSION OF THE CITY OF
PALM SPRINGS, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL EXTEND FOR TWO
YEARS THE TERM FOR SECTION 93.20.09.B.5 OF
THE PALM SPRINGS ZONING CODE (PORTABLE
OPEN SIGNS).
WHEREAS, Section 93.20.00 of the Palm Springs Zoning Ordinance establishes
regulations for the design, placement and use of signs; and
WHEREAS, on July 30, 2008, the City Council voted to adopt Ordinance No.
1744 which established standards and regulations for portable "open" signs
(Palm Springs Zoning Code Section 93.20.09.B.5); and
WHEREAS, on September 3, 2010, the City council voted to extend the term of
Section 93.20.09.B.5 for two years, ending October 3, 2012, unless amended;
and
WHEREAS, on September 26, 2012, the Planning Commission conducted a duly
noticed public hearing on the proposed amendment, at which hearing the
Commission carefully reviewed and considered all of the evidence presented in
connection with the project, including but not limited to the staff report and all
written and oral testimony presented, and
WHEREAS, the Planning Commission hereby determines 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 the California Environmental Quality Act and that the proposed
amendment does not result in any changes in land use or density.
THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES
HEREBY RESOLVE AS FOLLOWS;
Section 1: The Planning Commission hereby finds that adoption of the
proposed Zoning Text Amendment would:
a. Provide for the continued use of pedestrian-oriented signage in the
Downtown and Uptown areas of the City;
b. Assure that standards and regulations continue to avoid undue clutter
or potential hazards to pedestrians in the City's traditional commercial
areas, and
C. Assure the continued economic viability of existing and future retailers
in the City's Downtown and Uptown areas.
05
Planning Commission Resolution No. September 26,2012
5.1202-A—ZTA;Extension of Term Page 2 of 2
Section 2: The adoption of the proposed Zone Text Amendment would be
consistent with the intent of the Zoning Ordinance and the City's General Plan
because it continues to provide for flexibility in the face of changed economic
conditions, and will assure the continued success of the City's Downtown and
Uptown areas.
Section 3: Based upon the foregoing, the Planning Commission hereby
recommends that the City Council extend for two years (through October 3,
2014) the provisions of Section 93.20.09.B.5 related to portable "open" signs.
ADOPTED this 261b day of September 2012.
AYES: Donenfeld, Hudson, Munger, Klatchko, Roberts
NOES: Calerdine, Weremiuk
ABSENT: none
ABSTAIN: none
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
wingTingSerNvices
Dir for of Pla
06
Planning Commission Minutes
September 26,2012
TION: To approve the amendment as prepared and recommend approval to the City
Cou ' as amended:
a. Modify th a parking area to reduce its vast appearance through additional
landscape and/or r figuration of buildings.
b. Submit a plan s g first phase of development without the commercial
component.
c. The commercial component o roject shall be in substantial conformance to the
approved Preliminary Development P
d. Enlarge the landscape area between t rking stalls and assisted living facility at
the southwesterly corner of building.
e. Provide a pedestrian walkway and access ga t the northeasterly comer of
property.
f. Enlarge the pedestrian walkways internally.
Motion J.R. Roberts, seconded by Kathy Weremiuk and unanimous rried on a
roll call vote.
AYES: Leslie Munger, Philip Klatchko, J.R. Roberts, Chair Donenfeld, Vice Chai
2C. Case 5.1202-B - An application by the City of Palm Springs to amend the
Palm Springs Zoning Code relating to portable open signs in commercial
areas of the City. (Craig A. Ewing, AICP, Director of Planning Services)
Chair Donenfeld opened the public hearing and with no appearances coming forward
the public hearing was closed.
ACTION: To adopt the resolution and recommend a four-year term to the City
Council.
Motion Lyn Calerdine, no second. MOTION FAILED.
Commissioner Klatchko expressed concern with enforcement issues of A-frame signs
and does not see it as an enhancement esthetically as a planning perspective.
Commissioner Weremiuk commented that a moderately up-scale business would not
allow these signs and were initially allowed during a tough economic time during the
past 4 years.
ACTION: To adopt the resolution and recommend to the City Council for a two-year
extension.
7 07
_
Planning Commission Minutes
September 26, 2012
Motion Leslie Munger, seconded by J.R. Roberts and carried 5-2 on a roll call
vote.
AYES: Leslie Munger, Philip Klatchko, J.R. Roberts, Chair Donenfeld, Vice Chair
Hudson
NOES: Lyn Calerdine, Kathy Weremiuk
2111111
Tract Map 36446 to subdivide the Museum Market Plaza of approximately
13.57 acres into 17 parcels for future development and 4 lots for public
infrastructure. A Specific Plan was previously adopted for the site. (Project
lanner: Edward Robertson)
Commis ner Klatchko noted his absention due to a business-related conflict of
interest.
ACTION: To co ' ue the hearing to an indefinite date.
Motion Chair Donen d, seconded by Leslie Munger and carried 6-0 on a roll call
vote.
AYES: Leslie Munger, R. Roberts, Chair Donenfeld, Vice Chair Hudson, Lyn
Calerdine, Kathy remiuk
ABSTAIN: Philip Klatchko
PLANNING COMMISSION COMMENTS:
The Commission commented on the following it s:
1. A request for full scale plans and color pictures major projects to be provided to
the Commission.
2. Thanked staff and enforcement for removal of the doub -sign at the shopping center
on Sunrise Way and Vista Chino.
' PLANNING DIRECTOR'S REPORT:
The Commission discussed the City Council meeting scheduled for Octo 3, 2012 to
discuss the Museum Market Plaza.
Commissioner Munger commented that she would be out of town on October 3rd.
8 08
93.20.9.b.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.
h. The sign may contain the name of the business, a business logo, the word
"open," and any major product or service available at the retail store. No other
information or graphic is allowed, including hours of operation, telephone
number, arrows, and any other devise or message.
i. The Director of Planning Services shall prepare and implement administrative
rules, regulations, and guidelines consistent with, and in furtherance of, the
provisions of this subsection.
09
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
,rnw.voi
City Council
Meeting Date: December 5, 2012
Subject: Case 5.1202-13 Amending the PS Zoning Code Relating to Portable
Open Signs in Commercial Areas of the City
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, 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 November 24, 2012.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. ardi, CMC
Deputy City Clerk
AFFIDAVIT OF POSTING
I, Cynthia A. Berardi, 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 November 20, 2012.
1 declar der penalty of perjury that the foregoing is true and correct.
Cynthia . erardi, CMC
Deputy City Clerk
AFFIDAVIT OF MAILING
I, Cynthia A. Berardi, 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 November 20, 2012, 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.
Cyn . Berardi, CMC
Deputy City Clerk
10
monj; MR PETE MORUZZI
# PALM SPRINGS MODERN COMMITTEE
P.O.BOX 4738
PALM SPRINGS,CA 92263-4738
CITY OF PALM SPRINGS CASE 5.1202-B AMND
PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS
ATTN SECRETARY!5.1202-13 AMND 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 LUISERO INDIANS LUEBBEN JOHNSON&BARNHOUSE,
ATTN:JOSEPH ONTIVEROS LLP
�1
` 1 CULTURAL RESOURCES MANAGER ATTN: RICHARD C.WADE, PARALEGAL
7424 a STREET NW
r P.O. BOX 487 LOS RANCHOS DE ALBUQUERQUE, NM
SAN JACINTO, CA 92581 87107
a..
iFia
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 December 5, 2012. 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. to 11:00
a.m. and 2:00 p.m. to 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 Craig A. Ewing, Director of Planning Services
Department 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) 323-8364.
ames Thompson, City Clerk
11