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HomeMy WebLinkAbout10/5/2011 - STAFF REPORTS - 2.D.City Council Staff Report DATE: October 5, 2011 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1795, AN AMENDMENT TO THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES (CASE 5.1270 ZTA) FROM: David H. Ready, City Manager BY: Office of the City Clerk uFT►PAF-Ro 71 The City Council will consider adoption of Ordinance No. 1795. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1795, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES." STAFF ANALYSIS: At its September 21, 2011, meeting Ordinance No. 1795 was introduced for first reading "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES" by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. IF f �ames Thompson City Clerk /kdh Attachment: Ordinance No. 1795 David H. Read ., Ph.D. City Manager Item No. 2. D. ORDINANCE NO. 1795 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES". CitvAttomev's Summary This Ordinance adopts a definition and standards for rotating `barber poles' within the Palm Springs Zoning Code Section 93.20. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Section 93.20.03 shall be amended to include the following definition: "Barber pole" means a traditional sign reserved for licensed barbers and made up of a striped vertical cylinder which may or may not rotate, and may have a ball on top." SECTION 2. Section 93.20.04(1) shall be amended to read as follows: Except as otherwise specifically authorized, signs which rotate, move, flash, reflect, blink or appear to do any of the foregoing shall be prohibited. This includes, but is not limited to flags, banners, pennants, inflatable objects and balloons, unless otherwise authorized in Section 93.20.08 or approved as a permanent architectural feature pursuant to Section 94.04.00 (Architectural review), or Section 93.20.10(C)(7) (Signs —General Provisions). SECTION 3 Section 93.20.09.B.4.f shall be added as follows: In non-residential zones, one barber pole not to exceed four (4) feet in height, eighteen (18) inches in width and eighteen (18) inches in depth (projection from wall) may be allowed for any licensed barber business. 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 5T" DAY OF OCTOBER 2011. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 02 CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: October 5, 2011 Subject: Urgency Ordinance No. 1795 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 was published in the Desert Sun on October 12, 2011. I declare under penalty of perjury that the foregoing is true and correct. ,L 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 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 13, 2011. I declare under penalty of perjury that the foregoing is true and correct. kL"WAB Kathie Hart, CMC Chief Deputy City Clerk CITY OF PALM SPRINGS ORDINANCE NO. 1795 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES". Citv Attomev's Summary This Ordinance adopts a definition and standards for rotating `barber poles' within the Palm Springs Zoning Code Section 93.20. ORDINANCE NO. 1798 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS City Attorney Summary On July 29, 2011, the Governor signed a law dissolving all redevelopment agencies. At the same time, the Governor signed a law that provides a city the option to continue the existence of its redevelopment agency subject to a series of new conditions and commitments — primarily commitments to make payments to other agencies to be used for special district and educational purposes. Litigation has been filed challenging this legislation and the California Supreme Court has issued a stay on potions of the legislation pending completion of the litigation process. Notwithstanding the uncertainty in the legal status of the legislation, adoption of this Ordinance would preserve the ability to continue the existence of the Palm Springs Community Redevelopment Agency, subject to any judicially validated requirements provided in the new State law. CERTIFICATION I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance Nos. 1795 and 1798 are full, true, and correct copies, and was introduced September 21, 2011, and adopted at a regular meeting of the Palm Springs City Council on October 5, 2011, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ames Thompson, City Clerk City of Palm Springs, California ORDINANCE NO. 1795 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES". Citv Attomev's Summary This Ordinance adopts a definition and standards for rotating `barber poles' within the Palm Springs Zoning Code Section 93.20. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Section 93.20.03 shall be amended to include the following definition: "Barber pole" means a traditional sign reserved for licensed barbers and made up of a striped vertical cylinder which may or may not rotate, and may have a ball on top." SECTION 2. Section 93.20.04(1) shall be amended to read as follows: Except as otherwise specifically authorized, signs which rotate, move, flash, reflect, blink or appear to do any of the foregoing shall be prohibited. This includes, but is not limited to flags, banners, pennants, inflatable objects and balloons, unless otherwise authorized in Section 93.20.08 or approved as a permanent architectural feature pursuant to Section 94.04.00 (Architectural review), or Section 93.20.10(C)(7) (Signs —General Provisions). SECTION 3 Section 93.20.09.B.4.f shall be added as follows: In non-residential zones, one barber pole not to exceed four (4) feet in height, eighteen (18) inches in width and eighteen (18) inches in depth (projection from wall) may be allowed for any licensed barber business. 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 5T" DAY OF OCTOBER 2011. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Ordinance No. 1795 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, California, do hereby certify that Ordinance No. 1795 was introduced at a regular meeting of the Palm Springs City Council on the 215t day of September, 2011, and adopted at a regular meeting of the City Council held on the 5th day of October, 2011 by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California CITY OF PALM SPRINGS NOTIFICATION a City Council Meeting Date: October 5, 2011 Subject: Ordinance No. 1795 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 was published in the Desert Sun on October 12, 2011. I declare under penalty of perjury that the foregoing is true and correct. 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 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 13, 2011. I declare under penalty of perjury that the foregoing is true and correct. `LV-� Kathie Hart, CMC Chief Deputy City Clerk o-e)A\ In The Desert Sun 750 N Gene Autry Trail _ Palm Springs, CA 92262 760-778-4578 / Fax 760-778-4731 State Of California ss: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000281037 I am over the age of 18 years 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 dates, to wit: Newspaper: .The Desert Sun 10/12/2011 I acknowledge that I am a principal clerk of the printer of The Desert Sun, printed and published weekly in the City of Palm Springs, County of Riverside, Slate of California. The Desert Sun was adjudicated a newspaper of general circulation on March 24, 1988 by the Superior Court of the County of Riverside, State of California Case No 191236, I declare under penalty of and correct Executed on Palm Springs, California. , that the foregoing is true -)day of October, 2011 in Certificate of Publication No 3313 Or Y pF PALM SPRINGS ORDI VANCE NO. 1795 AN ORDINANC-s OF THE CITY OF PALM SPRINGS, CALPORNIA, AMENDING SECTION 93.20.00 OF T tE PALM SPRINGS ZONING CODE RELATIN, TO BARBER POLES'. Ckyol Patin. Spdngs,CeiFaorce 'Pubfl9h�tl: 1GH21t � I CITY OF PALM SPRINGS ORDINANCE NO. 1795 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES". CitvAttornev's Summary This Ordinance adopts a definition and standards for rotating `barber poles' within the Palm Springs Zoning Code Section 93.20. ORDINANCE NO. 1798 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS City Attorney Summary On July 29, 2011, the Governor signed a law dissolving all redevelopment agencies. At the same time, the Governor signed a law that provides a city the option to continue the existence of its redevelopment agency subject to a series of new conditions and commitments — primarily commitments to make payments to other agencies to be used for special district and educational purposes. Litigation has been filed challenging this legislation and the California Supreme Court has issued a stay on potions of the legislation pending completion of the litigation process. Notwithstanding the uncertainty in the legal status of the legislation, adoption of this Ordinance would preserve the ability to continue the existence of the Palm Springs Community Redevelopment Agency, subject to any judicially validated requirements provided in the new State law. CERTIFICATION I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance Nos. 1795 and 1798 are full, true, and correct copies, and was introduced September 21, 2011, and adopted at a regular meeting of the Palm Springs City Council on October 5, 2011, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. James Thompson, City Clerk City of Palm Springs, California ORDINANCE NO. 1795 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES". CitvAttornev's Summary This Ordinance adopts a definition and standards for rotating `barber poles' within the Palm Springs Zoning Code Section 93.20. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Section 93.20.03 shall be amended to include the following definition: "Barber pole" means a traditional sign reserved for licensed barbers and made up of a striped vertical cylinder which may or may not rotate, and may have a ball on top." SECTION 2. Section 93.20.04(1) shall be amended to read as follows: Except as otherwise specifically authorized, signs which rotate, move, flash, reflect, blink or appear to do any of the foregoing shall be prohibited. This includes, but is not limited to flags, banners, pennants, inflatable objects and balloons, unless otherwise authorized in Section 93.20.08 or approved as a permanent architectural feature pursuant to Section 94.04.00 (Architectural review), or Section 93.20.10(C)(7) (Signs —General Provisions). SECTION 3 Section 93.20.09.13.41 shall be added as follows: In non-residential zones, one barber pole not to exceed four (4) feet in height, eighteen (18) inches in width and eighteen (18) inches in depth (projection from wall) may be allowed for any licensed barber business. 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 5T" DAY OF OCTOBER 2011. STEPHEN P. POUGNET. MAYOR ATTEST: JAMES THOMPSON. CITY CLERK Ordinance No. 1795 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, California, do hereby certify that Ordinance No. 1795 was introduced at a regular meeting of the Palm Springs City Council on the 215t day of September, 2011, and adopted at a regular meeting of the City Council held on the 5t' day of October, 2011 by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California