HomeMy WebLinkAbout7/7/2010 - STAFF REPORTS - 1.E. A L M SAP
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DATE: JULY 7, 2010 PUBLIC HEARING
SUBJECT: ZONING ORDINANCE AMENDMENT EXTENDING TERM FOR
PORTABLE "OPEN" SIGNS IN COMMERCIAL ZONES
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. The
ordinance included an expiration date of October 3, 2010, unless extended. On June
23, 2010, the Planning Commission adopted a recommendation to the City Council to
extend the term for two years to October 3, 2012. 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, 2012"
STAFF 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-
ITEM NO. ------
City Council Staff Report July 7, 2010
Zone Text Amendment—Extension of Term for Portable Open Signs Page 2 of 3
year time period was established beginning October 3, 2008. Without an extension,
portable "open" signs would not be permitted after October 3, 2010.
The City has issued permits for forty-nine (49) portable open signs. This is well under
10% of the number of businesses which might qualify for such signs. Most permits
were issued within the first few months; only twelve have been issued in the second
year the ordinance has been in effect (October 2009 to the present). 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. Staff's 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 considered the matter at its meeting of June 23, 2010 and adopted a
recommendation to extend the provisions for two years.
The City Council may consider any recommendation, including:
1. No extension. If adopted, the signs would be subject to removal on
October 4, 2010.
2. Unlimited term. If adopted, the signs would be allowed indefinitely, subject
to the standards and administrative rules and guidelines.
3. Extension of a limited term. If adopted, signs would continue to be
allowed for additional time, as determined by the Council. This term 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 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.
FISCAL IMPACT:
No fiscal impact.
d
' Ig Ewinq,� ICP Thomas J. W40n
D6ed& of Plj'n,ping Services Assistant City Manager, Dev't Svcs
2
City Council Staff Report July 7,2010
Zone Text Amendment Extension of Term for Portable Open Signs Page 3 of 3
David H. Ready
City Manager
Attached:
1. Draft Ordinance
2. Planning Commission Resolution No, 6147
3. Planning Commission Staff Report (June 23, 2010, with attachments)
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, 2012.
CitV Attorney's Summary
Ordinance No. 1744, relating to portable open signs, was
originally approved for two years and will expire on October
3, 2010, This Ordinance extends Ordinance No. 1744 to
October 3, 2012. .
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, 2012, 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 2010.
MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CITY ATTORNEY
RESOLUTION NO. 6147
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 April 18, 2008, the City Council voted unanimously to direct staff
to initiate a Zoning Ordinance Text Amendment (Case No. 5.1202) to establish
standards and regulations for portable "open" signs; and
WHEREAS, on May 28, 2008, 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.
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
J
Planning Commission Resolution No.6147 June 23,2010
5.1202-A—ZTA;Extension of Term Page 2 of 2
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,
2012) the provisions of Section 93.20.09.B.5 related to portable "open" signs.
ADOPTED this 23rd day of June 2010.
AYES: 6, Donenfeld, Munger, Hudson, Conrad, Scott and Chair Cohen
NOES: None
ABSENT: 1, Vice Chair Caffery
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
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PLANNING COMMISSION STAFF REPORT
Date: June 23, 2010
Case No.: 5.1202-A
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 Extending Term for
Portable "Open" Signs in Commercial Zones
PROJECT DESCRIPTION
The project is an amendment to the Palm Springs Zoning Code to extend the term for
allowing portable "open" signs in front of commercial businesses. A public hearing is
required.
RECOMMENDATION
That the Planning Commission conduct a public hearing and forward to the City Council
its recommendation for extending the term for allowing portable "open" signs. A draft
resolution recommending a two-year extension is attached for the Commission's
consideration.
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.
e
Planning Commission Staff Report June 23, 3010
Case No. 5.1202-A—Zone Text Amendment—Extension of Term for Portable"Open"Signs Page 2 of 3
On September 12, 2008, the City issued administrative rules and guidelines for the
permitting of portable "open" signs.
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. Without an extension,
portable "open" signs would not be permitted after October 3, 2010.
The City has issued permits for forty-nine (49) portable open signs. This is well under
10% of the number of businesses which might qualify for such signs. 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 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. Most permits were issued within the first
few months; only twelve have been issued in the second year the ordinance has been in
effect (October 2009 to the present). 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.
During the initial months of the ordinance, staff fielded several calls from business
owners outside the authorized area for these signs. Merchants along East Palm
Canyon, Sunrise Way and the east side of Indian Canyon (which is not zoned C-B-D)
have asked about having portable "open" signs in their areas, which is presently not
allowed.
The decision to extend the term for portable "open" signs is entirely at the discretion of
the City Council. Staff's 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 be adversely affected by these signs. The
Commission may consider any recommendation, including:
1. No extension. If adopted, the signs would be subject to removal on
October 4, 2010.
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 Commission may recommend any term; however, staff
believes that any term much less than two years would not be justified
considering notice and hearing requirements for future extensions.
Planning Commission Staff Report June 23, 3010
Case No. 5.1202-A—Zone Text Amendment—Extension of Term for Portable"Open" Signs Page 3 of 3
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.
Craig A. Ewing AICP
Director of Planning Services
cc: Draft Resolution
Palm Springs Zoning Code Section 93.20.09.8.5 (Portable Open Signs)
Administrative Rules and Regulations for Portable Open Signs
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
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City Council
Meeting Date: July 7, 2010
Subject: Proposed Portable Open Signs Ordinance
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 June 26, 2010.
I declare under penalty of perjury that the foregoing is true and correct.
1
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 on June 24, 2010.
1 declare under penalty of perjury that the foregoing is true and correct.
1 - '
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 June 24, 2010, in a sealed envelope, with postage prepaid,
and depositing same in the U.S. Mail at Palm Springs, California. (4 notices)
I declare under penalty of perjury that the foregoing is true and correct.
1�
Kathie Hart, CMC
Chief Deputy City Clerk
1Q
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1202-A — 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 July 7, 2010. 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-A, 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 Alternations 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
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 proposed 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.
es Thompson, City Clerk
NEIGHBORHOOD COALITION REPS
Case 5.1202-A ZTA MODCOM AND MR PETE MORU7ZI
Portable Open Signs HISTORIC SITE REP PALM SPRINGS MODERN COMMITTEE
PHN for CC Meeting 07.07.10 P.O. BOX 4738
PALM SPRINGS,CA 92263-4738
CITY OF PALM SPRINGS CASE 5.1202-A
VERIFICATION NOTICE �v PLANNING SERVICES DEPARTMENT 6 W.OSANTA CATALINA ROAD
SECRETARY—5.1202-A
PO BOX 2743 PALM SPRINGS, CA 92262
PALM SPRINGS,CA 92263-2743
A MS MARGARET PARK
GUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA
INDIANS-J�'-t�cJ 4-J INDIANS
2401 DINAH SHORE DRIVE
PALM SPRINGS,CA 92264