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HomeMy WebLinkAbout9/21/2011 - STAFF REPORTS - 1A a°4 ea LM$,4 u n x x xe�`FpORi�tPx CITY COUNCIL STAFF REPORT DATE: September 21, 2011 PUBLIC HEARING SUBJECT: Case No. 5.1270 — ZONE TEXT AMENDMENT RELATED TO BARBER POLE SIGNS FROM: David H. Ready, City Manager BY: Planning Department SUMMARY On June 15, 2011, the City Council initiated a Zone Text Amendment to allow for rotating barber pole signs. Presently, such signs are prohibited in the Palm Springs Zoning Code for such a sign. Following a public hearing on July 27, 2011, the Planning Commission adopted a recommendation to allow such signs, subject to certain standards summarized in this memo. A draft ordinance for Council consideration has been prepared based on the Commission's recommendation. 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 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES." ANALYSIS: The Palm Springs Zoning Code Section 93.20.04(1) specifically prohibits signs which, "rotate, move flash, reflect, blink or appear to do any of the foregoing..." Barber poles which rotate fall into this category. Staff notes, however, barber poles have a long history and may be considered a unique sign deserving special treatment. While barber poles can be traced back several hundred years, there is no indication as to when the barber poles were first built to revolve. It is likely that 20t" century manufacturing methods created the rotating pole to bring further attention to the sign. Item No. 1 .A. City Council Staff Report September 21, 2011 Case No. 5.1270—Zone Text Amendment—Barber Poles Page 2 of 4 Today, barber poles are recognized by the State of California as reserved for licensed barbers only, per Section 7349.1 of the Business and Professions Code: It is an unfair business practice for any person, firm, or corporation who engages in a practice regulated under this chapter to use the traditional symbol known as the barber pole, which comprises a striped vertical cylinder with a ball on top, with the intent to mislead the public in any manner that would make the public believe that barbering was being practiced in, or that a licensed barber is employed in, an establishment that does not employ licensed barbers. State law does not prohibit the regulation of barber poles by local ordinance. ANALYSIS Barber poles have been used as a symbol of the profession for many centuries, and there are few other trades which have a similar sign or symbol of such long standing use. Barber Pole With its long history and unique status as a business sign, the barber pole may be appropriate for unique consideration in the City sign ordinance. As written, the ordinance allows a wide variety of sign types and logos, with limits primarily focused on sign location and maximum sign area. Design and color are not a concern, so the shape, configuration and colors associated with a barber pole are not opposed by the ordinance. The primary concern is the rotating motion of the striped pole; this is prohibited by Section 93.20.4(1): 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) Staff notes that Section 93.20.08 applies only to temporary signs and 93.20.10(C)(7) only applies to the La Plaza Theater. Staff does not support the designation of a barber pole as a "permanent architectural feature", as it can be easily relocated from one building to another. The question of whether or not to allow rotating or moving signs is entirely at the discretion of the City. The City may make provisions for rotating barber signs, but it is not required to do so. Staff researched the number of barbers in the City and notes that there are fourteen business licenses registered to barbers, and 122 business licenses registered which use the word "hair". Should rotating barber poles be allowed, it is reasonable to assume that over time the City may see between 10 and 25 or more 02 City Council Staff Report September 21, 2011 Case No. 5.1270—Zone Text Amendment—Barber Poles Page 3 of 4 barber poles installed in commercial areas. It may also see other amendments proposed granting exceptions from the prohibition of rotating or other moving signs. The Commission concluded that rotating barber poles should be allowed, and recommended three changes to the Zoning Code: 1) Create a definition for "barber pole", and 2) Create an exclusion from the prohibition against rotating signs, 3) establish the standards for allowing barber poles in commercial and other non-residential zones: Add to Section 93.20.03 (Definitions): "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. Amend Section 93.20.04(1): 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). Add Section 93.20.09.6.4.f: In non-residential zones, one barber pole not to exceed four (4) feet in height eighteen (18) in width and eighteen (18) inches in depth (projection from wall) may be allowed for any licensed barber business. ENVIRONMENTAL DETERMINATION Staff has evaluated the potential environmental impacts of the proposed Zoning Ordinance text 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 to allow rotating barber pole signs does not result in any changes in land use or density. FISCAL IMPACT: None. wing, A P, Dir. of Ping Svcs Thomas J. W106n, Asst. City Manager David H. Ready, City er 03 City Council Staff Report September 21,2011 Case No. 5.1270—Zone Text Amendment—Barber Poles Page 4 of 4 Attachments: 1. Draft Ordinance—Zone Text Amendment— Barber Poles 2. Planning Commission Meeting Minutes, excerpt (July 27, 2011) 3. Planning Commission Resolution No. 6223 4. Planning Commission Staff Report (July 27, 2011) 04 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES". City Attomey'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) (Si gns General Provisions . 0 r Sect opn! n .f shall ded a w i V 3 non ee bad le not edour ( et i height, hte ) eigh inch' t i depth (prof n from wall) y wcbarb mew; 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 2011. MAYOR ATTEST: 05 JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY 06 Planning Commission Minutes July 27, 2011 PUBLIC HEARINGS: 3A. a 5.1267 CUP (Crave Restaurant) - A request by Davy Aker, DBA Mo -Works, LLC, for a Conditional Use Permit to allow beer, wine and desse r (Type 42 ABC License) at 390 North Palm Canyon Drive, Zone C- B-D, Sect! 15. (Project Planner: David Newell, Associate Planner) David Newell, Associat lanner, provided background i a as outlined in the staff report dated July 27, 1. Chair Caffery opened the public he ' g: -Davy Aker, co-owner, provided an a on the propos ssert bar and requested approval of the project. There being no further appearances the public h sed. ACTION: To approve, subject to C ions of Approv Motion Tracy Conrad, seconded b unger an ously carried 6-0 on a roll call vote. AYES: Leslie Tracy Con oug feld, Doug Hu Chair Ca and J. oberts NOES: ABSENT: Philip ko. 3B. se 5.127 - An ication the City of Palm Springs to amend the Springs ' g to allow rotating barber pole signs. (Project er: Craig A. Ing, A , Director of Planning Services) Director Ew rovided b ground information as outlined in the staff report dated July 27, 2011. Chair Caffery open public hearing and with no appearances coming forward the public hearing was cl ed. ACTION: To recommend approval to the City Council, as amended: -Section 3. Section 93.20.09.134.1'shall be added as follows: 5 07 Planning Commission Minutes July 27, 2011 "Barber pole not to exceed four (4) feet in height, eighteen (18) inches in width and eighteen (18) in depth (projection from wall) may be allowed for any licensed barber business." Motion J.R. Roberts, seconded by Leslie Munger and unanimously carried 6-0 on a roll call vote. AYES: Leslie Munger, Tracy Conrad, Doug DonenfWJLDoug Hudson, Chair Caffery and J.R. Roberts NOES: ABSENT: Philip Klatchko. Palm Springs Zoning Code to all anopi and carpo front yard reas and street side yards. ( ro Plann • Craig A. AICP, ctor of Planning Services) Director Ewi provided backgrou formation as ed in the staff report dated July 27, 2011. Chair Caffery opened public hearin -John Acosta, ar homeo expre concern with the lot size requirement of 7, square and explai d that m lots are smaller and need the shading. He re the m total a a of the canopy / carport be reduced to the proportion of the e. There app ces earing was closed. T mission disc an ented o Ilowing consideration of smaller lots on a -case basis elimi the minimu uare footage. Commission oberts su sted using the consent cafe r for future canopy/carport applications. or Ewin xplained that while this amend t addresses the zoning problem, the big rob for existing non-permitted carpo will be meeting the California Building c ACTION: To approve Case 5.1235 ZTA and recommend approval to the ity Council, as amended: -To delete Condition #2, "The subject lot shall have a minimum area of 7,500 s re feet'. 6 08 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES". City Attorney'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) 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 this day of 2011. MAYOR ATTEST: 09 4 JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY 10 RESOLUTION NO. 6223 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND SECTIONS 93.20.03 AND 93.20.04(C) OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES WHEREAS, Sections 93.20.00 of the Palm Springs Zoning Ordinance establishes regulations for the design, placement and use of signs; and WHEREAS, on June 15, 2011, the City Council voted to direct staff to initiate a Zoning Ordinance Text Amendment (Case No. 5.1270) to allow rotating barber poles; and WHEREAS, on July 27, 2011, the Planning Commission conducted duly noticed public hearings on the proposed amendment, at which hearings 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 a means by which licensed barbers may be able to more effectively advertise their services. 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 provides: a. A more effective means by which passing vehicles and pedestrians can identify barber shops and thereby improve the commercial success of these businesses. Section 3: Based upon the foregoing, the Planning Commission does hereby recommend to the City Council amendment of the Palm Springs Zoning Code to revise Section 93.20.00 as contained on the draft Ordinance attached hereto as Exhibit A. 11 Planning Commission Resolution No. 6223 July 27,2011 Case 5.1270—ZTA Page 2 of 2 ADOPTED this 2r day of July 2011. AYES: 6, Roberts, Munger, Donenfeld, Hudson, Conrad and Chair Caffery NOES: None ABSENT: 1, Klatchko ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA 9 'no. AIGp Dire of Plan ' g ervices 12 � �ppLMsp� iy c u a 4 4 c4`'ro% PLANNING COMMISSION STAFF REPORT Date: July 27, 2011 Case No.: 5.1270 Type: Zone Text Amendment Location: City-wide Applicant: City of Palm Springs To: Planning Commission From: Craig A. Ewing, AICP, Director of Planning Services Subject: Zoning Ordinance Amendment Related to Rotating, Moving Signs, specifically Barber Poles PROJECT DESCRIPTION The project is an amendment to the Palm Springs Zoning Code in order to allow rotating barber poles. A public hearing is required. RECOMMENDATION That the Planning Commission conduct a public hearing and forward to the City Council its recommendation to allow barber poles. A draft resolution is attached. PRIOR ACTIONS On June 15, 2011, the City Council initiated a Zone Text Amendment to direct the Planning Commission to consider and adopt a recommendation regarding allowing barber poles. BACKGROUND The Palm Springs Zoning Code Section 93.20.04(1) specifically prohibits signs which, "rotate, move flash, reflect, blink or appear to do any of the foregoing..." Barber poles 13 Planning Commission Staff*rt • July 27, 2011 Case No. 5.1270—Zone Text Amendment—Barber Poles Page 2 of 4 which rotate fall into this category. Staff notes, however, barber poles have a long history and may be considered a unique sign deserving special treatment. The history of the barber pole is excerpted below from BBC's Hitchhikers Guide to the Galaxy (an open-editable, web-based encyclopedia similar to Wikipedia): "The history of the barber pole is intertwined with the history of barbers and their bloodletting practices. Patients would grasp a rod or staff tightly so that their veins would show, and the barbers would cut open their arms and bleed them until they fainted (nasty but true). Later, when leech therapy became popular (they allowed for more controlled bleeding), leeches were applied directly to the vein areas. After the procedure, the washed bandages were hung outside on a pole to dry, and to advertise the ghastly therapeutic specialties offered in the barbershop. Flapping in the wind, the long strips of bandages would twist around the pole in the spiral pattern we now associate with barbers. "This early barber pole was simply a wooden post topped by a brass leech basin. (One source speculates that the poles were painted red to mask the bloodstains) Later the basin was replaced by a ball and painted poles of red and white spirals took the place of the less tasteful pole with the bloodstained bandages, and these poles became permanent outdoor fixtures. (In fact, after the formation of the United Barber Surgeon's Company in England, barbers were required to display blue and white poles, and surgeons, red ones). In America, however, the barber poles were painted red, white and blue because the American flag also had all these colors." There is no indication as to when the barber poles were first built to revolve, but it is likely that 20t" century manufacturing methods created the rotating pole to bring further attention to the sign. Today, barber poles are recognized by the State of California as reserved for licensed barbers only, per Section 7349.1 of the Business and Professions Code: It is an unfair business practice for any person, firm, or corporation who engages in a practice regulated under this chapter to use the traditional symbol known as the barber pole, which comprises a striped vertical cylinder with a ball on top, with the intent to mislead the public in any manner that would make the public believe that barbering was being practiced in, or that a licensed barber is employed in, an establishment that does not employ licensed barbers. State law does not prohibit the regulation of barber poles by local ordinance. ANALYSIS Barber poles have been used as a symbol of the profession for many centuries, and there are few other trades which have a similar sign or symbol of such long standing use. The medical profession uses the "Rod of Asclepius" which traces back to ancient Greek mythology, while pawn shops use three gold balls suspended from a rod, which are taken from the coat of arms of the Medici family of Renaissance Italy. Other trades might use a recognizable symbol, such as eyeglasses, a shoe or a pig to represent 14 Planning Commission Staff Rort • July 27, 2011 Case No. 5.1270—Zone Text Amendment—Barber Poles Page 3 of 4 optometrist, cobbler and butcher respectively, while the barber pole remains easily associated with the cutting of (men's) hair even though the sign has no direct message related to hair cutting. Rod of Asclepius (Medicine) Three Gold Balls (Pawn Shop) Barber Pole With its long history and unique status as a business sign, the barber pole may be appropriate for unique consideration in the City sign ordinance. As written, the ordinance allows a wide variety of sign types and logos, with limits primarily focused on sign location and maximum sign area. Design and color are not a concern, so the shape, configuration and colors associated with a barber pole are not opposed by the ordinance. The primary concern is the rotating motion of the striped pole; this is prohibited by Section 93.20.4(1): 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) Staff notes that Section 93.20.08 applies only to temporary signs and 93.20.10(C)(7) only applies to the La Plaza Theater. Staff does not support the designation of a barber pole as a "permanent architectural feature", as it can be easily relocated from one building to another. The question of whether or not to allow rotating or moving signs is entirely at the discretion of the City. The City may make provisions for rotating barber signs, but it is not required to do so. Staff researched the number of barbers in the City and notes that there are fourteen business licenses registered to barbers, and 122 business licenses registered which use the word "hair". Should rotating barber poles be allowed, it is reasonable to assume that over time the City may see between 10 and 25 or more barber poles installed in commercial areas. It may also see other amendments proposed granting exceptions from the prohibition of rotating or other moving signs. In the event that the Commission concludes that rotating barber poles should be allowed, two changes to the Zoning Code are recommended: 1) Create a definition for "barber pole", and 2) Create an exclusion from the prohibition against rotating signs. 15 Planning Commission Staff Rort • July 27, 2011 Case No. 5.1270—Zone Text Amendment—Barber Poles Page 4 of 4 Add to Section 91.00.10.E (Definitions), as follows: "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. ' Revise Section 93.20.04(1), as follows: 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) Notwithstanding the above prohibition, in non-residential zones one barber pole may be allowed for any licensed barber business. ENVIRONMENTAL DETERMINATION Staff has evaluated the potential environmental impacts of the proposed Zoning Ordinance text 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. g wing AI Director of Plan ng ervices cc: Draft Resolution, including draft zone text amendment 16 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND SECTIONS 93.20.03 AND 93.20.04(C) OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES WHEREAS, Sections 93.20.00 of the Palm Springs Zoning Ordinance establishes regulations for the design, placement and use of signs; and WHEREAS, on June 15, 2011, the City Council voted to direct staff to initiate a Zoning Ordinance Text Amendment (Case No. 5.1270) to allow rotating barber poles; and WHEREAS, on July 27, 2011, the Planning Commission conducted duly noticed public hearings on the proposed amendment, at which hearings 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 a means by which licensed barbers may be able to more effectively advertise their services. 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 provides: a. A more effective means by which passing vehicles and pedestrians can identify barber shops and thereby improve the commercial success of these businesses. Section 3: Based upon the foregoing, the Planning Commission does hereby recommend to the City Council amendment of the Palm Springs Zoning Code to revise Section 93.20.00 as contained on the draft Ordinance attached hereto as Exhibit A. ADOPTED this_m day of July 2011. 17 Planning Commission Resolut• No. • July 27, 2011 5.1270—ZTA Page 2 of 2 AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Craig A. Ewing, AICP Director of Planning Services 18 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES". City Attorney'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: 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). Notwithstanding the above prohibition, in non-residential zones one barber pole may be allowed for any licensed barber business. Section 3. 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 2011. MAYOR ATTJw Vg�e E e N F 24 .yli 4Y IMW Am :41 -e. JAM HO N, 19 • • APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY 20 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION ®r City Council Meeting Date: September 21, 2011 Subject: CASE 5.1270 ZTA AMENDMENT TO THE PALM SPRINGS ZONING CODE BARBER POLE SIGNS 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 September 8, 2011, 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. \G Kathie Hart, CIVIC Chief Deputy City Clerk 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 as a 1/8 page display ad on September 10, 2011. I declare under penalty of perjury that the foregoing is true and correct. Wiz2a Kathie Hart, CIVIC 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 on September 8, 2011. I (declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CIVIC Chief Deputy City Clerk 21 The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 State Of California ss: County of Riverside NOTICEOF UBLICHEARING GICOUNCIL Advertiser. CITY OF AI SPRINGS CITY OF PALM SPRINGS/LEGALS CASE5.1270ZTA— PLICATION BY THE CITY OF P SPRINGS PO BOX 2743 AMENDMENT TO TH PALM SPRINGS ZONING PALM SPRINGS CA 922632 DE SARBEF POLE SIGNS NOTICE:18 HEREBY W.,qE 4 that the City Council of the City 2000277300 of Pakn:Spring% Californiawill hold a Public hearing at ifs meeting of September 21, 11. The City Council meatir a begin at 6:00 p.m.in the 'I Chamber at City Halt.3200 .East Tahquitz Canyon V ft Parn Springs. I am over the age of 18 ears old, a citizen of the United The Pun of the heed is to consider an application by 9 Y the City of Palm Springs to the Palm Springs Zoning States and not a party to, or have interest in this matter. I Code of ow sting barb w pole signs. hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non pariel) RONMENTAL DET NATION:The City of palm in each and entire issue of said newspaper and not in any Springs, in its capacity the lid agency, under the supplement thereof on the following dates,to wit: California ErMronmentw o' Iity Act(CEOA)has determined that the proposed Zoning Ordinance text amendment is Newspaper: .The Desert Sun Categorically .Exempt un Section.15305 of the State CEQA Guidelines.The amendments would provide for a minor alteration of the d use limitations in the CWs 9/10/2 011 sign regulations to allow ing barber pole signs. REVIEW OF PROJECT I RMATION:The staff report and Other supporting docume regarding this are available for Public review at City Hall een the hours-of B:W a.m. to 11:00 a.m.and between :00 p.m:-to 6:00 p.m., Monday through Thursday.Please . tact the Office of the City Clerk acknowledge that am a principal clerk of the printer of C7�)323-8204 if you would to schedule an appointment The Desert Sun, printed and published weekly in the City to review these documents. of Palm Springs, County of Riverside, State of California. COMMENT ON THIS AP ATION: Res The Desert Sun was adjudicated a newspaper of general notice may be made ve Pone to this circulation on March 24, 1988 by the Superior Court of the writing before the hearing.�N at to corn lo is nng and/or in Countyof Riverside, State of California Case No. Vy comments maY be made to the City Council by letter mail or hand delivery)to: 91236. James Thom ,City Clerk I declare under penalty of perjury that the foregoing is true - 3200 E.Tahqu tz Canyon Way and correct. Executed on this 10th day of September, Palm Sprint s,CA 92262 Any challenge of the pro pm y)eet in court may be 2011 in Palm Springs,Call 'al limited to raising only thoa issues raised at the hearing described in this - or in written public correspondence /° delivered to the City:Clerk at,or prior to,the public hearing. / (Government Code Section 6 DVD. I An opportunity WHI be given said hearing for all interested persons to be heard.Queatioragarding this case may be Dec{aran 'gim ure directed to Craig A.Ewing;Di or of Planning Services at ti (760)323-8245. g e Si neceaha ayuda con esta ca .�`.11 de Palm Springs y puede ha r coffin Nadine�Fr'eger telefono C M U (760)323-8245. w~ N :C3 `� I James Tllampsop,City Clerk, MR PETE MORUZZI o .vim PALM SPRINGS MODERN COMMITTEE P.O. BOX 4738 PALM SPRINGS, CA 92263-4738 CITY OF PALM SPRINGS CASE 5.1270 ZTZ PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS ATTN SECRETARY 15.1270 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 LUISENO INDIANS LUEBBEN JOHNSON&BARNHOUSE, a94,�!E�6 �W'" ATTN:JOSEPH ONTIVEROS LLP 7424 RICHARD C.WADE, PARALEGAL CULTURAL RESOURCES MANAGER 7424 4T"STREET NW P.O. BOX 487 LOS RANCHOS DE ALBUQUERQUE, NM SAN JACINTO,CA 92581 87107 r t��yy"���j; z� e -09 e&n •� tftf4`< yE 3 y �G- NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1270 ZTA—APPLICATION BY THE CITY OF PALM SPRINGS AMENDMENT TO THE PALM SPRINGS ZONING CODE BARBER POLE SIGNS 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 21, 2011. 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 Zoning Code to allow rotating barber pole signs. ENVIRONMENTAL DETERMINATION: The City of Palm Springs, in its capacity as the lead agency, under the California Environmental Quality Act (CEQA) has determined that the proposed Zoning Ordinance text amendment is Categorically Exempt under Section 15305 of the State CEQA Guidelines. The proposed amendments would provide for a minor alteration of the land use limitations in the City's sign regulations to allow rotating barber pole signs. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this are available for public review at City Hall between the hours of 8:00 a.m. to 11:00 a.m. and between 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 (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 Craig A. Ewing, Director of Planning Services at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. roes Thompson, City Clerk 22