HomeMy WebLinkAbout7/30/2008 - STAFF REPORTS - 1.A. Mayor, City Council members July 30, 2008
A whole year has passed with plenty of local coverage:television and newspaper, local
and national. Our A-frame signs are about business survival.
The Planning Commissioners unanimously recommended that there should be flexibility
for signage and choices that would allow A-frames as a marketing tool in Downtown Palm
Springs. Now,the Planning Staff has turned a deaf ear to what the Planning Commission said:
"Flexibility is necessary in a harsh economy". All the merchants in downtown Palm Springs and
all the side streets need every marketing tool to survive this recession. Restricting signs to
simply say: 'OPEN' is redundant and ridiculous. A sign that works on El Paseo will not
necessarily work in downtown Palm Springs. We don't have the same demographic or the
same luxury brands.
Yesterday, I counted 72 empty store fronts that used to have businesses in downtown
Palm Springs. The real problem is not the A-frames but the lack of understanding and the
definition of a BUSINESS RETENTION PROGRAM. Aesthetics are often mentioned as a priority in
the sign discussion. The worst appearance occurs when the business is DEAD.
Let's not forget the word EQUALITY: On Thursday nights during VillageFest, the vendors
can pitch a tent with banners, lights, no toilets, no hand washing facilities and do it in the
middle of Palm Canyon Drive. Where is the EQUALITY there? We pay rent, insurance, utilities,
and are inspected.
Our business is not a national chain or franchise. We are a locally owned and minority
business and as such we are requesting the ability to market our business with A-frame signs.
Our signs are professionally designed and cost over$500. The impounding of our signs that
cost this much without due process is treating merchants like criminals. We don't deserve such
treatment. Our signs are out of the public right of way on private property. This ordinance
would appear to have been written to deliberately extend itself especially towards Cactusberry
Yogurt. Discrimination and selective enforcement comes to mind.
It is my hope that Mayor Pougnet and the City Council will send a clear message that
they support small business in Downtown Palm Springs and throughout the whole town.
/• 14
Mayor, City Council,
In a year when the political candidates are talking about change and the future, we are
here one more time to discuss A frame and upright signs. As downtown store owners, we
have attended close to 30 meetings about this issue in the last year. Now, after having the
A-frame and upright sign design unanimously approved by the planning commisson, we
are back to the City Council. We see that the planning department has decided that there
should only be an upright sign approved. Just like Palm Desert's El Paseo.
I see no reason to criticize Palm Desert or El Paseo. After all, that street has luxury
merchants that Palm Springs can only dream about. But having a sign that is used in front of
an El Paseo store is not going to turn an empty Palm Srings store front or T-shirt store into a
Ralph Lauren or Gucci store. Two different towns, two different customer demographics,
two different sets of landlords, two different governments.
This country is having severe financial problems including the downturn in real estate
values and the price of gas.
A business slowdown in another town is a business closure in downtown Palm
Springs.
At Cactusberry, we have enjoyed the support of our customers. We try to market
our business the best way the business can afford. However, every now and then, we
read or hear the criticism that if we wanted a sign on Palm Canyon, why didn't we locate our
store on Palm Canyon. When we started our business two years ago, no space was
available on Palm Canyon. Now that there are lots of stores available, the question is:
`V11ho is going to rent a storefront in downtown Palm Springs?' When Jamba Juice and a
taco stand move out, we ask why.
We have made an investment in the oldest shopping center in Palm Springs. It is a
beautiful landmark and the original shopping area of Palm Springs. It deserves to be
brought back as a viable shopping attraction. The merchants of La Plaza have a point of
view from the other side of the customer spending coin. Why are Palm Canyon
businesses using the La Plaza parking lot as if it was owned by the City of Palm Springs?
When downtown merchants talk about our si?nage regulations, we also have a
discussion about Thursay night's Villagefest and its Get out of Jail Free'card. Villagefest
pays homage to clamp-on utility lights, no toilets, no hand washing facilities, no high rent, no
health department, no code enforcement, electricity paid for by the city and most of all: NO
SIGN ORDINANCE !!!!
I do not think Palm Desert would put this on El Paseo.
On the other hand, I do not recall a parade in Palm Desert for Gay Pride, Black
History, the Light Parade, or a tank rolling down the street on Veteran's Day. The idea might
just be too much for the elite of Palm Desert.
My point is: Please do not compound a horrible economic climate with more petty
regulation on the downtown merchants. Palm Desert didn't attract businesses because it is
further down valley,further away from the airport, didn't have a casino on EL PASEO or a
hot springs or had a certain style of sign that said 'OPEN'.
Darron Dahle
July 30, 2008
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CITY COUNCIL STAFF REPORT
DATE: =JUt2008=° - p� PUBLIC HEARING
SUBJECT: PROPOSED ZONING ORDINANCE AMENDMENT ESTABLISHING
STANDARDS FOR PORTABLE "OPEN" SIGNS IN COMMERCIAL
ZONES
FROM: David H. Ready, City Manager
BY: Planning Department
SUMMARY
On April 16, 2008, the City Council initiated a Zone Text Amendment to establish
standards for "portable open signs" in the City's commercial areas. On May 28, 2008,
the Planning Commission conducted a public hearing and adopted its recommendation
for such standards. A draft ordinance 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 SECTIONS 93.20.03 AND
93.20.09 OF THE PALM SPRINGS ZONING CODE RELATING TO PORTABLE
OPEN SIGNS."
STAFF ANALYSIS:
PRIOR ACTIONS
On April 16, 2008, the City Council reviewed a set of draft provisions and initiated a
zone text amendment regarding the establishment of standards and regulations for
portable "open" signs.
Item No.
City Council Staff Report July 9,2008
Zone Text Amendment_Portable Open Signs Page 2 of 4
On May 28, 2008, the Planning Commission conducted a public hearing and
recommended a draft ordinance to allow portable "open" signs, including the following
provisions:
A-frames would be allowed
Products and services may be included in the sign copy
The ordinance would be subject to a two-year "sunset" provision.
DISCUSSION
As noted in the attached staff reports, the City has conducted a number of public
meetings with downtown merchants to explore the issues surrounding the use of
portable "open" signs. These signs - including sandwich or "A-frame" menu boards —
have been sought by merchants who would like to place such signs on the sidewalk in
front of their businesses.
In order to find a balance between the desire for more signage and concerns for safe
access, visual clutter and the overall enhancement of the City's commercial areas, the
City Council Downtown Sub-committee (Foat, Mills) worked to identify a set of
standards that could provide reasonable use of portable "open" signs. The City Council
reviewed these draft standards on April 16, 2008 and initiated a Zone Text Amendment
to consider amending Section 93.06 (Signs) of the Zoning Code.
The provisions for portable "open" signs presented to the Council in April 2008 are
summarized as follows:
1. The provisions are developed around the idea that a temporary
sidewalk sign is to be used only to indicate that a business is open.
The signs are not to describe special sales or to advertise particular
products or services.
2. Any other outdoor display would also appear to show that a business is
open. Therefore, a business that has an approved free-standing board
or any approved outdoor display — furniture, statuary or the like —
would not qualify for a "Portable Open Sign".
3. A "Portable Open Sign" must be placed within four feet of the tenant
storefront. For some tenants, this may require that the sign be placed
in the public sidewalk, which would be allowed. To accommodate
pedestrians, including disabled persons, a minimum paved walkway
width of 48 inches (4 feet) must be kept clear at all times.
4. "Portable Open Signs" are limited to one sign per tenant space. Some
tenant spaces have multiple businesses inside, but only one "Portable
Open Sign" would be permitted. For those buildings which have
multiple tenants, each tenant could have one sign.
City Council Staff Report July 9,2008
Zone Text Amendment—Portable Open Signs Page 3 of 4
5. In order that the signs promote retail activity, only retail businesses
may use "Portable Open Signs". Staff does not recommend allowing
office uses — including banks and real estate offices — to have such
signs.
6. "Portable Open Signs" are permitted only in the C-D-B zone. Other
commercial zones — especially C-1 and C-2 — may be considered in
the future.
7. Specific design criteria for "Portable Open Signs" are as follows:
a. The sign frame shall be a two-dimensional metal frame on a pole
with a sturdy, heavy base-
b. The frame color may be black or chrome.
c. Maximum height shall be 60 inches (5 feet).
d. The sign may be two-sided, and not exceed 4 square feet per side.
e. Sign content shall be limited to the name of the business and the
word, "Open". No arrows, phone numbers, specific product names
or other messages or information.
8. Staff believes that if all criteria are met, then no permit should be
required. However, if any sign does not meet the criteria, staff
recommends that the City be allowed to remove the sign at any time.
At the meeting of April 16, 2008, the City Council provided individual comment for
inclusion in the Planning Commission's deliberations:
That the sign copy be professionally-prepared, not hand-written or computer-
generated
That copy be limited to the word, "Open", the name of the business and a
business logo
That a "sunset" provision be included — three years or perhaps five — to allow
the ordinance to be re-evaluated
That "A-frame" signs be allowed
- That greater freedom in the choice of sign copy be permitted, than simply
"Open" and the business name and logo
That adequate accessibility for the disabled be maintained
On May 28, 2008, the Planning Commission conducted a public hearing on the
proposed amendment. The Commission considered comments from the City Council,
including the Council's direction that the Commission consider and recommend from the
full range of options and issues related to portable "open" signs. Following a review of
the materials and receipt of public comments during the hearing, the Commission voted
to recommend the draft ordinance presented by staff, with the following revisions:
1. A-frame signs would be allowed, in addition to the two-dimensional sign
frame on a pole,
2. Maximum sign dimensions are 42 inches in height; 30 inches in width.
BOOM
City Council Staff Report July 9, 2008
Zone Text Amendment—Portable Open Signs Page 4 of 4
3. Sign copy could include the names of products and services, in addition to
the business name, business logo and the word "Open". No other copy
would be allowed.
4. The sign could be placed any where between the storefront and the
immediately fronting street or parking lot drive aisle, as long as a 48-inch
clear pedestrian path is maintained.
5. The signs would be allowed in the C-B-D zone, and on North Palm
Canyon Drive, from Alejo Road to Vista Chino.
6. The ordinance would "sunset" in two years.
In reviewing the Commission's recommendation, staff supports the Commission's
wording for placement of the signs. By allowing them anywhere between the storefront
and immediately adjacent street or parking lot drive aisle, the provision provides greater
flexibility for the merchant, yet assures that the signs are not placed far from the store.
The Commission's recommendation to allow the signs in the C-B-D zone and along
North Palm Canyon to Vista Chino also appears reasonable.
As regards the type of sign, staff continues to believe that A-frame signs are not
appropriate. A-frames do not have the same esthetic formality as the metal frame on a
pole, and some A-frames are lightweight plastic that may need additional weighting to
keep from being knocked over. Staff recommends that only the metal framed signs with
a pole and sturdy base should be allowed
Staff is also concerned with allowing sign copy to include products and services. Such
signs could appear cluttered or poorly designed. Staff believes that to avoid design
review on these signs - which we believe would impose an unreasonable burden on the
the merchant - the allowed copy should be simple and limited. Staff recommends that
only the name and logo of the business and the word "Open" should be allowed.
Lastly, the Planning Commission recommended that the ordinance "sunset" after two
years. The Commission believed that two years would provide adequate time to test
the use of these signs, as well as weather the current economic downturn. Staff
supports the sunset provision. A draft ordinance based on the Commission's
recommendation with staffs recommended deletions is provided.
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.
. aaao�4
City Council Staff Report July 9,2008
Zane Text Amendment—Portable Open Signs Page 5 of 4
C A wi g, AICP 1Tiomas J. Wils
Direct tannin rvices Assistant City �anager, Dev't Svcs
David H. Ready
City Manager
Attached:
1. Draft Ordinance, as recommended by Planning Commission and modified by
staff
2, Planning Commission Meeting Minutes (May 28, 2008, excerpt)
3. Planning Commission Resolution No. 7144
4. Planning Commission Staff Report (May 28, 2008, with attachments)
Donnas
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 93.20.03 AND
93.20.09 OF THE PALM SPRINGS ZONING CODE
RELATING TO PORTABLE OPEN SIGNS,
CityAttorney's Summary
This Ordinance allows `portable Open signs" in certain
commercial zones and subject to specific development
standards.
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, with
all subsequent definitions in the Section renumbered accordingly:
23. "Portable Open Sign" means any small, portable, free-standing sign
placed in front of a retail store to indicate that the business is open for
trade.
Section,2, "Subsection 6.5 of Section 93.20.09 is hereby added to read, as follows:
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 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 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 public right-of-way; however,
in no case may any sign impede pedestrian traffic. A 48-inch clear
paved pathway for ADA access must be maintained at all times.
OHM
c- A portable open sign shall not exceed 42 inches in height and 32
inches in width. The sign may be two-sided.
d- The sign frame may be a single- or two-pole metal frame;efit4nay
be an A fFa M- es- 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,
and the word "open";an aro r product or serAee-ave-Rab4a
�•� ;e-r*^�,=e- No other information or graphic is allowed,
including hours of operation, telephone number, arrows, and any
other devise or message-
Section,-3: This -ordinance shall expire two (2) years from its effective, date, unless
reauthorized by action of the City Council,
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
200&
MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
000007
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CFFYA17ORNEY
ooaaaa
City of Palm Springs
Planning Commission Minutes
of May 28, 2008
Nair Marantz opened the Public Hearing; there being no appearances the Public
He - g was closed.
M/S/C (Vi Chair Hochanadel/Caffery, 7-0) To continue, to the Planning Commission
meeting of Ju 5, 2008.
5. Case 3.3010 MA TTM 35601 / 7.1296 AMM - An application by Grant
Hovakimyan to allow nstruction of a seven unit, two-story plus basement
condominium building, s terranean parking, terraces and landscaping, and
a condominium map locate 551 East Vista Chino Road, Zone R2, Section
11, APN: 507-022-044. (Project ner: Ken Lyon, Associate Planner)
Ken Lyon provided background information as ined in the staff report dated May 28,
2008. Mr. Lyon noted a correction in the sta report which should be west of
Miraleste. Mr. Lyon reported that there are several is s, as noted in the staff report,
that the Planning Commission may wish to consider further study by the applicant.
The Commission discussed public parking, prior approvals, s ack requirements,
garage entries and restrictive driveways.
Chair Marantz opened the Public Hearing; there being no appearances Public
Hearing was continued.
MIS/C (Ringlein/Cohen, 7-0) To continue to an undetermined date, to allow a redesign
6. Case 5.1202 ZTA - An application by the City of Palm Springs to amend the
Palm Springs Zoning Code to establish regulations for portable 'open"
signs in front of commercial businesses. (Project Planner: Craig A. Ewing,
Director of Planning Services)
Craig A. Ewing provided background information as outlined in the staff report dated
May 28, 2008- Mr. Ewing encouraged the Planning Commission to consider options for
portable "open" signs and make a recommendation to the City Council.
The Commission discussed signage at the old plaza, storefronts on the right-of-way,
and frontage on Palm Canyon.
Further discussion occurred on a shorter "sunset" term, signs displaying more product
information, the effectiveness of"open" signs and consistency with hours of
operation. Commissioner Ringlein noted her preference for a one (1) year sunset
clause.
4 QOOQu9
City of Palm Springs
Planning Commission Minutes
of May 28, 2008
Commissioner Cohen noted that "open" signs on El Paseo are very effective in the
summertime and requested more product information on the signs. Mr. Cohen
suggested a subcommittee to review the design standards.
Chair Marantz suggested professional made signs versus hand-written signs
and weekend code enforcement to eliminate many of the downtown problems.
Chair Marantz opened the Public Hearing:
-Darron Dahle, Palm Springs, requested consideration of"A" Frame signs for downtown
businesses-
-Joy Meredith, Palm Springs, business owner and president of Mainstreet
Association, referenced a survey that was conducted revealing a preference for 'A'
Frame signs and requested consideration of a pilot program.
-Rodolfo Castillo, Palm Springs, spoke of the importance to include businesses on side
streets, the redundancy of"open" signs and requested consideration of A-Frame signs.
-Casey Jones, Palm Springs Chamber of Commerce, noted a poll was conducted on
1,000 members with 200 plus members (60%) responding in favor of A-Frame signs.
There being no further appearances the Public Hearing was closed.
The Commission discussed the overwhelming advertisement signage for taxicabs, a
sunset clause, stringent design standards and frontage on Palm Canyon.
Commissioner Caffery stated his preference for A-Frame signs, however, expressed
concern with too much signage cluttering downtown.
M/S/C (Scott/Caffery, 7-0) To direct staff to prepare an ordinance for confirmation of the
following recommendation to the City Council-
-Portable "Open" signs to be permitted on Palm Canyon Drive from Ramon Road
to Vista Chino Road.
-To allow A-Frame signs and metal signs on a pole with a sturdy, heavy base.
-Maximum height shall be 42" and maximum width shall be 32"width-
-Sign content shall be limited to the business name and logo, major product/service,
and the word "open"-
-Two (2) year sunset provision.
-Limit one sign per tenant space to be placed between the storefront and the street-
-No permit is necessary if all requirements are met-
-Sign to be professionally prepared and manufactured.
RBGF�l1All MfAFIrrAgrarn P�iwr*' s ---ud
5ubco 'lt -A�i§ignments
Mr. Ewing reported the Utility Underg nd Su c 't meet at 1.30 p.m. on
June 4th.
ti
RESOLUTION NO. 7144
OF THE PLANNING COMMISSION OF THE CITY OF
PALM SPRINGS, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL AMEND SECTIONS
93.20.03 AND 93.20.09 OF THE PALM SPRINGS
ZONING CODE RELATING TO 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 additional pedestrian-oriented signage in the Downtown
and Uptown areas of the City;
b. Provide standards and regulations to assure that "portable open signs"
do not create 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 provides for flexibility in the face of changed economic and other
Planning Commission Resolution May 28,2008
5.1202—ZTA 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 does hereby
recommend to the City Council amendment of the Palm Springs Zoning Code to
establish standards and regulations for "portable open signs, as attached hereto
and made a part of this resolution as Exhibit A.
ADOPTED this 28th day of May, 2008.
AYES: CafPery, Cohen, Conrad, Hochanadel, Marantz, Ringlein, Scott
NOES: none
ABSENT: none
ABSTAIN: none
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Planning Commission Chairman annlr a Commissio ecretary
000012
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 93.20.03 AND
93.20.09 OF THE PALM SPRINGS ZONING CODE
RELATING TO PORTABLE OPEN SIGNS.
City Attorney's Summary
This Ordinance allows "portable Open signs" in certain
commercial zones and subject to specific development
standards.
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, with
all subsequent definitions in the Section renumbered accordingly:
23. "Portable Open Sign" means any small, portable, free-standing sign
placed in front of a retail store to indicate that the business is open for
trade.
Section Subsection,B',5' of'Section 93.20,0,9 is hereby'adde'd;to;reed; as follows:
a I I I• n 9 i,� V •V'. _: i., Ala
S: Poitab,le OpenS'igns:
'1u,_ —Rnept where) andfher-� petmitted -outdoer--display has been„au-thorized
(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 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 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 public right-of-way; however,
in no case may any sign impede pedestrian traffic. A 48-inch clear
paved pathway for ADA access must be maintained at all times.
Q. A portable open sign shall not exceed 42 inches in height and 32
inches in width. The sign may be two-sided.
d. The sign frame may be a single- or two-pole metal frame, or it may
be an A-frames. 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.
Section~°3;-,-,,,This ordinapce;shall expire,-two (2)-years'•from,,-its-effectiveedate, unless
21
reauthorized'.bk,,action of the'City Council',,
Sdgtion 4. The:Mayor shall, sign ,an,dthe ;'City Clerk^jshall certify to the passage and
addptim'df tlris OrO nance'9,11, hall cause,,the sam'g! or the summ4,rj,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
2008.
MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CITY ATTORNEY
;of v A`M sA4
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9liF°ga� PLANNING COMMISSION STAFF REPORT
Date: May 28, 2008
Case No.: 5.1202
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 Establishing Standards
for Portable "Open" Signs in Commercial Zones
PROJECT DESCRIPTION
The project is an amendment to the Palm Springs Zoning Code establishing the
standards and regulations 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 regulating portable "open" signs. A draft resolution and Zoning
Text Amendment ordinance are attached.
PRIOR ACTIONS
On April 16, 2008, the City Council reviewed a set of draft provisions and initiated a
zone text amendment regarding the establishment of standards and regulations for
portable "open" signs.
Planning Commission Staff Report May 28,2008
Case No.5 1202—Zone Text Amendment—Regulations for Portable"Open"Signs Page 2 of 5
BACKGROUND AND ANALYSIS
As noted in the attached City Council staff report (April 16, 2008) the City has
conducted a number of public meetings with downtown merchants to explore the issues
surrounding the use of portable "open" signs. These signs - including sandwich menu
boards — have been sought by merchants who would like to place such signs on the
sidewalk in front of their businesses.
In order to find a balance between the desire for more signage and concerns for safe
access, visual clutter and the overall enhancement of the City's commercial areas, the
City Council Downtown Sub-committee (Foat, Mills) worked to identify a set of
standards that could provide reasonable use of portable "open" signs. The City Council
reviewed these draft standards on April 16, 2008 and initiated a Zone Text Amendment
to consider amending Section 93,06 (Signs) of the Zoning Code.
The provisions for portable "open" signs presented to the Council are attached to this
memo, but can be summarized as follows:
1. The provisions are developed around the idea that a temporary
sidewalk sign is to be used only to indicate that a business is open.
The signs are not to describe special sales or to advertise particular
products or services.
2. Any other outdoor display would also appear to show that a business is
open. Therefore, a business that has an approved free-standing board
or any approved outdoor display — furniture, statuary or the like —
would not qualify for a "Portable Open Sign".
3. A "Portable Open Sign" must be placed within four feet of the tenant
storefront. For some tenants, this may require that the sign be placed
in the public sidewalk, which would be allowed. To accommodate
pedestrians, including disabled persons, a minimum paved walkway
width of 48 inches (4 feet) must be kept clear at all times.
4. "Portable Open Signs" are limited to one sign per tenant space. Some
tenant spaces have multiple businesses inside, but only one "Portable
Open Sign" would be permitted. For those buildings which have
multiple tenants, each tenant could have one sign.
5. In order that the signs promote retail activity, only retail businesses
may use "Portable Open Signs". Staff does not recommend allowing
office uses — including banks and real estate offices — to have such
signs.
6. "Portable Open Signs" are permitted only in the C-D-B zone. Other
commercial zones — especially C-1 and C-2 — may be considered in
the future.
0000T 7
Planning Commission Staff Report May 28,2008
Case No.5,1202—Zone Text Amendment—Regulations for Portable"Open"Signs Page 3 of 5
7. Specific design criteria for"Portable Open Signs" are as follows:
a. The sign frame shall be a two-dimensional metal frame on a pole
with a sturdy, heavy base. , ,
b. The frame color may be black or chrome.
c. Maximum height shall be 60 inches (5 feet).
d. The sign may be two-sided, and not exceed 4 square feet per side.
e. Sign content shall be limited to the name of the business and the
word, "Open". No arrows, phone numbers, specific product names
or other messages or information.
8. Staff believes that if all criteria are met, then no permit should be
required. However, if any sign does not meet the criteria, staff
recommends that the City be allowed to remove the sign at any time.
At the meeting of April 16, 2008, the City Council provided individual comment for
inclusion in the Planning Commission's deliberations:
- That the sign copy be professionally-prepared, not hand-written or computer-
generated
- That copy be limited to the word, "Open", the name of the business and a
business logo
- That a "sunset" provision be included — three years or perhaps five — to allow
the ordinance to be re-evaluated
- That"A-frame" signs be allowed
- That greater freedom in the choice of sign copy be permitted, than simply
"Open" and the business name and logo
- That adequate accessibility for the disabled be maintained
It was finally noted that there was a diversity of points of view on the Council regarding
the topic and that the Commission was encouraged to consider and recommend from
the full range of options and issues related to portable "open" signs. (Draft minutes from
the April 16, 2008 meeting are attached, and Commissioners are encouraged to view
the archived video of the Council's meeting at:
http;//palmsprings.9ranicus.comNiewPubIisher,php?view id=2 .)
Staff believes that the set of questions for the Commission's consideration are as
follows-
1. Should portable signs be permitted in front of commercial business?
2_ Should the signs be limited only to the Central Business District or should
they permitted in other zones (C-1, C-1-AA, C-2, H-C, C-D-N, C-S-C, P, etc.)?
3. Should the signs be limited to indicating that a business is open or should' a
wider advertising objective be allowed (specific products, sales, etc.)?
4. Should the frame of portable signs be limited to a two-dimensional metal
frame on a pole or should A-frames or other types be allowed?
5. Should the signs be allowed if there are other portable elements legally
placed outside the business (post-card racks, antiques, furniture, etc.)?
6. What limits, if any, should there be on sign copy?
7. Should there be a sunset limitation for the ordinance?
000019
Planning Commission Staff Report May 28,2008
Case No.5.1202—Zone Text Amendment—Regulations for Portable"Open"Signs Page 4 of 5
Based on the direction provided by the Commission, staff will prepare a draft ordinance
for adoption as the Commission's recommendation to the City Council.
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.
rai A. wing
Dire or of Pla in Services
cc: Draft Provisions for Allowing "Portable Open Signs" in Commercial Zones
City Council Staff Report (April 16, 2008)
City Council Draft Meeting Minutes (April 16, 2008, excerpt)
Planning Commission Staff Report May 28, 2008
Case No.5 1202—Zane Text Amendment—Regulations for Portable"Open"Signs Page 5 of 5
Draft Provisions for Allowing "Portable Open Signs" in Commercial Zones
1. "Menu boards", shall be retained ,as a description only for restaurant signs, as
described in Section 93.20.03.17.
17, "Menu board" means any assemblage of verbiage designed to
advertise currently available food and/or beverage offerings.
2. "Portable Open Signs" shall describe small, free-standing signs placed in front of
a retail store to indicate that the business is open for trade.
3. 'Portable Open Signs" may be used only where there is no other approved free-
standing menu board or approved outdoor display on the premises.
4. 'Portable Open Signs" may be allowed only in the C-D-B zone, subject to certain
provisions:
a. One 'Portable Open Sign" is allowed per retail tenant space. Office uses may
not have portable "open" signs. Multiple businesses within a single tenant
space would be limited to one sign overall-
b. 'Portable Open Signs" shall be placed within four feet of the storefront, and
may, if necessary, be placed in the public right-of-way. No sign may impede
pedestrian traffic, and a 48-inch clear paved pathway for ADA access must be
maintained at all times.
c. A `Portable Open Sign" may be two-sided, with each side limited to a
maximum size of four (4) square feet (e.g., 2 x 2 feet), and not exceed 5 feet
in overall height.
d. The sign frame shall be a single- or two-pole metal frame, either chrome or
black. Plastic frames, A-frames and three-dimensional sign frames are
prohibited.
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 shall be produced with professional-quality materials and design.
g. No lighting, balloons or other attachments are allowed-
h. The sign must contain the word "Open and may contain the name of the
business, and a business logo already used on an approved sign of the
tenant space. No other information or graphic is allowed, including hours of
operation, telephone number, arrows, and any other devise or message.
5. 'Portable Open Signs" which comply with these rules require no permit; signs
which are found to violate these provisions may be immediately removed by the
City.
006020
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N�baui¢o ,` Y
Cg41F011�,P CITY COUNCIL STAFF REPORT
DATE: APRIL 16, 2008 NEW BUSINESS
SUBJECT: INITIATION OF ZONE TEXT AMENDMENT TO ESTABLISH
REGULATIONS FOR "PORTABLE OPEN SIGNS" IN THE CITY'S
COMMERCIAL ZONES
FROM: David H. Ready, City Manager
BY: Planning Department
SUMMARY
Under Section 94.07.01.A.1.b the City Council may initiate a Zone Text Amendment by
motion and submit the matter to the Planning Commission for a public hearing and
recommendation. Based on the work of the Council's Downtown Sub-committee, a set
of draft regulations for "portable open signs" has been developed for consideration as
an amendment to the City's Zoning Code.
RECOMMENDATION:
Initiate a zone text amendment to establish regulations for "portable open signs", based
on the contents of this memo and any additional Council direction.
STAFF ANALYSIS:
Over the past three months, the Councils Downtown Sub-committee (Foat, Mills) has
met with local merchants to consider provisions for allowing "portable open signs" in
front of retail shops. In response to the Sub-committee's direction to prepare a draft
program to allow portable open signs, staff proposes a set of provisions found on the
attachment to this memo. The provisions are summarized, as follows:
1. The provisions are developed around the idea that a temporary
sidewalk sign is to be used only to indicate that a business is open.
The signs are not to describe special sales or to advertise particular
products or services.
2. Any other outdoor display would also appear to show that a business is
open. Therefore, a business that has an approved free-standing board
000021
City Council Staff Report April 16,2008
Initiation of Zone Text Amendment—Portable Open Signs Page 2 1
or any approved outdoor display — furniture, statuary or the like —
would not qualify for a "Portable Open Sign".
3. A "Portable Open Sign" must be placed within four feet of the tenant
storefront. For some tenants, this may require that the sign be placed
in the public sidewalK which would be allowed. To accommodate
pedestrians, including disabled persons, a minimum paved walkway
width of 48 inches (4 feet) must be kept clear at all times.
4. "Portable Open Signs' are limited to one sign per tenant space. Some
tenant spaces have multiple businesses inside, but only one "Portable
Open Sign" would be permitted. For those buildings which have
multiple tenants, each tenant could have one sign.
5. In order that the signs promote retail activity, only retail businesses
may use "Portable Open Signs". Staff does not recommend allowing
office uses — including banks and real estate offices — to have such
signs.
6. "Portable Open Signs" are permitted only in the C-D-B zone. Other
commercial zones — especially C-1 and C-2 — may be considered in
the future.
7. Specific design criteria for"Portable Open Signs" are as follows:
a. The sign frame shall be a two-dimensional metal frame on a pole
with a sturdy, heavy base.
b. The frame color may be black or chrome.
c. Maximum height shall be 60 inches (5 feet).
d. The sign may be two-sided, and not exceed 4 square feet per side.
e. Sign content shall be limited to the name of the business and the
word, "Open". No arrows, phone numbers, specific product names
or other messages or information.
8. Staff believes that if all criteria are met, then no permit should be
required. However, if any sign does not meet the criteria, staff
recommends that the City be allowed to remove the sign at any time.
Because these provisions require an amendment to the Zoning Code, staff is seeking
Council action to initiate a Zone Text Amendment, which may be accomplished by a
motion. Based on the analysis contained in the attached memoranda, staff is seeking
Council direction in the matter.
FISCAL. IMPACT:
No fiscal impact.
QQpQ��
City Council Staff Report April 16,2008
Initiation of Zone Text Amendment—Portable Open Signs Page 3 of
Craig A. Ewing, AICP I Thomas J. Wilson
Director of Planning Services Assistant City Manager, DeVt Svcs-
David H. Ready
City Manager
Attached: Draft Regulations for "Portable Open Signs"
O®Od2R
h
City Council MinutesD
April 16,2008
Page 12
MANAGEMENT AT THE COACHELLA VALLEY MOSQUITO A
VE OR CONTROL DISTRICT.-
to
1) Appoint Sharon Lock, as the City's Representative TFon
to the
Coachella Iley Mosquito and Vector Control District Board of Trus, for the
term ending ember 31, Al If and 2) Authorize the City Mana , behalf of
the City, to join City of Indio in calling for the Riverside unty Civil Grand
Jury to investigate p ding allegations of misconduct and management at the
Coachella Valley Mosq " o and Vector Control District. otion Mayor Pro Tern
Foat, seconded by Coun ' member Mills and un mously carried on a roll
call vote.
3. LEGISLATIVE. None,
4. UNFINISHED BUSINESS:
4.A. TIME EXTENSION FO SUBDIVISION ROVEMENT AGREEMENT
NO. A5426, FOR TR T MAP 32732,WITH 11CAMINO REAL:
David Barakian, ity Engineer, provided ba round information as
outlined in the aff report dated April 16, 2006.
ACTIO • Approve a one-year extension of time for th mpletion of
impr ments associated with Subdivision Improvement Ag ment No.
A 6, for Tract Map 32732, with 111/Camino Real, LLC. A542 . otion
ouncilmember Mills, seconded by Mayor Pougnet and unanim sly
carried on a roll call vote.
4.B. INITIATION OF A ,ZONE TEXT AMENDMENT TO ESTABLISH
REGULATIONS FOR "PORTABLE OPEN SIGNS" IN THE CITY'S
COMMERCIAL ZONES:
Tom Wilson, Assistant City Manager Development Services, provided
background information as outlined in the staff report dated April 16, 2008.
Mayor Pro Tem Foat requested provisions be added as recommended by
the City Council Subcommittee that signs be professionally created, and
may include open, business name and the logo, requested staff address
grandfathering existing permitted signs and the status for non-permitted
signs, and stated the City Council Subcommittee is continuing to work on
other types of signs.
Councilmember Weigel requested staff address the process, and
requested a sunset clause be added to the proposed Ordinance, limiting
such for three to five years.
Councilmember Hutcheson questioned why the Ordinance does not
permit the A-frame sign similar to a free standing sign, the restrictions on
the use of A-frame signs, additionally questioned why the Ordinance
Ail
JCity Council Minutes -iceApril 1 2008
Page 13
DR
attempts to overly restrict the content of the sign, commented on
handicapped access and protection of handicapped citizens, and,stated
he wanted to give the merchants tools and flexibility to experiment in
difficult time and in support of a sunset provision.
Councilmember Mills stated he supported the comments made by Mayor
Pro Tern Foat with respect to the additions by the City Council
Subcommittee, additionally he requested the Ordinance be specific for the
removal and those authorized to remove a sign, stated the Ordinance
does not provide for additional signage, commented on signs in the public
right-of-way, and the goal of the Ordinance to "even" the playing field, and
stated his support for additional identification.
Mayor Pro Tem Foat stated the type of signs that were recommended was
a compromise, and modeled after El Paseo, and noted that signs are one
small tool to provide assistance to the merchants in the Downtown area.
Councilmember Hutcheson stated the City Council has a diversity of views
and requested the Planning Commission have a creative and open
discussion of all views and ideas.
ACTION: Initiate a zone text amendment to establish regulations for
portable open signs. Motion Councilmember Mills, seconded by
Councilmember Weigel and unanimously carried on a roll call vote.
NEW BUSINESS:
SUSPENSION OF NOISE ORDINANCE (CHAPTER 11 .00), NOISE
UISANCE ORDINANCE (CHAPTER 11.08,040), M 3 AND MAY 4,
2 FOR THE HOT RODEO 2008 - DANCE DER THE STARS
EVE OCATED AT 285 NORTH PALM YON DRIVE FOR THE
HYATT R ENCY SUITES:
Withdrawn fro he Agenda at the re t of staff.
COUNCILMEMBER COMMENTS, QUE , AND REPORTS:
Councilmember Hutcheson request a joi eeting with the Public Arts Commission,
requested the City Manager re on the issu at Sunrise Park, and requested Code
Enforcement address the fe at the Contempo Pr ' ct.
Councilmember We' commented on the CVAG Public Sa Committee.
Councilme r Mills commented on the problems at Sunrise Par , equested the City
take ac - as it has in the past to eliminate the problems in the par , nd requested
sta eview the current notices being provided for tan temporary ncing for
velopment projects.
00002'5
Survey Name: Mar 20 2008 Freestanding Signs
Response Status:Partial&Completed
Filter:None
Apr 15.2008 3:32:02 PM
TextBlock: - ..... -. .
Please take a moment to answer this very short survey,which is intended to get your input regarding the proposed Free Standing
Signs that are being considered by the Palm Springs City Council
Your comments will be shared with the Main Street Board,Palm Springs Chamber of Commerce and Palm Springs City Council.
Thank you.
Are you a
Number of Response
Answer 0% 100% Response(s) Ratio
Downtown/Uptown Business lt"'0"'"'"'""w`"-47
Owner
Other Business Owner 7� 3 4.7%
Palm Springs Resident il,`'"'".:.: 10 158
Other f� ,;y,} ;,.� 9 14 2%
Totals 63 100%
Do you have a preference of exterior free standing sign style?
Number of Response
Answer 0% 100% Responses) Ratio
Metal Sign with sturdy baser�._,,,,t;,�„•Mi',.1;, 15 27.2
II�_ I
A-Frame r-*r �m-.�..,,•,r,.,,,m.,,
1.a„r.�.,..;w1 �' 20 54.5%
Other � .M1r� 8 14.5%
No Response(s) 2 3.6%
Totals 55 1000/6
Are you considering using an exterior free standing sign if approved by the Palm Springs City Council?
Number of Response
Answer 0% _ 100% Responses) Ratio
Yes �...... . _ ,— _.._ 37 07.2
0/6
No 14 254%
No Response(s) 4 7 2%
Totals 55 100%
Are you a member of
Numberof Response
Answer 0% 100% Response(s) Ratio
Main Street Palm Springs ._. . _ ._,_ ,. 33 50 7%
Palm Springs Chamber of ,�_r _,� . _. 23 35.3
Commerce
Other 9 13.8%
Totals 65 1007
Please share your comments about the sign ordinance below.
29 Responses)
Page 2
00"027
Page 2 of 3
i h
i 4 L B X aC.r."r F
3iu tj x 4 +
Isign
Case Study_Wachovia Bank on California Street in the financial district of San Francisco (3rd largest
bank in the US )Two A-frames to sell their new services to pedestrian traffic placed on the sidewalk
as you can see in the attached pictures.
At the Feb 11 meeting, Ginny Foat made a comment that "the ONLY businesses that count are the
ones on Palm Canyon, because they pay more rent". We all pay high rent, often as much as the
businesses on Palm Canyon do_The issue is that we are all regulated the same in the central business
district (CBD) of Palm Springs. Palm Springs is also about the side streets. The street that we are on
is The Plaza,the first shopping center in the U.S. from 1936. Even though it is on private property,
we are regulated. It is often difficult to get people to walk down into this landmark and the empty
Tuesday, February 12, 2008 AOL: DolfCastillo 000629
Good Afternoon, Members of the Planning Commission, My
name is Rodolfo Castillo co-owner of Cactusberry frozen yogurt.
Let me start with a couple of words:
STAGNATION, RECESSION
In the face of the reality of these words, we are still
battling over this sign ordinance. On April 291", 2008,
USA Today published an article that gave national
attention to Palm Springs and its sign ordinance.
Let's talk about recommendations:
Recently the downtown merchants took a survey that
asked about A-frame signs versus the pole signs. In a
vote of two to one, the A-frame signs were favored over
the pole signs. What is used on El Paseo of Palm Desert
does not necessarily work in downtown Palm Springs.
For one thing, we have businesses on the side streets.
Every business in downtown Palm Springs counts. The
City Council seems to only be concerned about Palm
Canyon, and yet all businesses, including the side streets
and Indian Canyon are downtown businesses, pay into
the Business Improvement District fund, and are
regulated as much as Palm Canyon is.
The signs that we are speaking of, both A-frames and
single pole, are TEMPORARY and by definition are only in
front of our stores when the business is open. To say
"OPEN" is redundant. Almost all art work is computer
generated these days and is well designed. Arrows are
sometimes necessary and sometimes the name of the
store is also the name of the product, as in, Cactusberry
Frozen Yogurt
We need your help and support. In the past 2 months, 3
national retailers have closed their doors in Downtown
Palm Springs: Mitchell Gold, Jamba Juice, Taco Del Mar
Our business is not a national chain or a major business
franchise. We are a minority owned business and as
such we are requesting flexibility and the ability to
market our business with A-frame signs in front of our
store if necessary. The hard reality of the present
economy forces us to fight for every tool (in this case an
A-frame sign) that can be used for us to stay in business.
The impounding of our signs, that can cost $500,
without due process and treats merchants like felons, is
not the treatment that we deserve.
uadlannc comedy.
gy
LAP
News "We Sign trend saydwsches tovull � ,A , s2
qb"W4 `1eSiC. 1Ctk�CS VVei Axe ` 'I ,.;;iC,.jy„"��p',1.��".;Ili•mr�i:r 1�'!I�"�,il^u.'. „If'r° ,•.i"' n,:� ' Cil Ss ties e, 5b ,,� -I iidl. a.;;•r:dgiba,`,<t ',�,R.._4.''' 'ay",gip_; 1 ',la az aid hehopesthe City
.:"I:ua inMyY,7 ry'.W'" IRt..��:1��[t�•✓��;?.� S5?:'.I(;.'i. '4ir' ',,r ,r \� Worlcsq icily.l�e$aldhe}1aCiOremP✓e
®n one side, economic :iyr '1 ;,°,i '`;rs1 u'.`Jav 1 �iFr,1 � ,,, I i sign after omeone mm In,I f (r ho , '1r 7$$700 s1 aft 5
ll1'., ! ,• t ; •1'4' Y•'
needs p „rr ,i city. ,sees ri ht m fiol Y
[lH the
,.. „r".,^'•.„ us "We and g 1
.' ;' :�,ir. :I � ,YI „ •, P�;�K �' of our business,and people don't]crow
it''ry;y ,I Y� dI ,f'.':iNa,�"7, n'dr 1,
.'at�,r 1�'±a4,1H,' where we are."is£aVe$said.
9'`,'IVl mod; ■Moblle,.Ala-Codes were amended
BySCefanieFijth w` •:� rE = 7�, �';p4?,gi,;.�t,,yill{,y, .'� r� ,:ni ,w: ,
USA TODAY "' :'?;u` ;'' "'"W',„ this Year to allow salldwirli boards in
rt;^ .6' y ':y 'd, i', 1:,.a w, response to the 20 new restaurants that
'
r tk➢, 15N;, 1 { i,l,[I,,,p, "' _ were putting menu boards in bout of
Small-business owner across the } di'' r',,,n ..•
USA, loolci for an edge in toda s thew stores.City Council Vice President
y g y' y gd', ;; a r.l' Fred Richardson said. If the city starts
sluggish economy are tLLr to lil- n J +�'� .�. ,.,. '_.Wm�'I( ' 'r7, ,., .,,VI „I.a;kS '�n_ nr! Yi'di iG l l a I I P z
', ro, ;.,, e'1_ o badc ind look
� s r a .,, h',.' ool ino too tac.ry,w g
lo?'ti lit e7CpenslVe, portable SandWlCf] ]hoard .,}t'::q, ;.=+��^ r",tr .Y..,.a �:C;i,+.�L�: i^ , 1r.:..M�i,,.„.'. a
q•v , I ��y; "r:(' �a� ..,,. fnC'.i�..+:lS�IY' ' �. 'd, r�;iln'{� 1Chdrd5an said.
signs in5ontafthershoos,forcingcit- `. ' ram ;,, ;,p,[; :^.' ^,C;,';[,a.r,lr" ' ^,+r,,-Ir'„"''.; >C]rzlmtt®® a 7reunrs.CityCouncil-
ies and towns to weigh business �u',? i,'�'"i'gel a^ +1, ''r ' 'm'","''`d'���ylh.I, 'I�i-ii-:r , .'1-.i— ..0� G +
needs I,. ^icr 1- i^ ti ud:71;[J;^'_ , . *' woniari L'u+da Bemye[t said her city ern-
�✓e�a with safety and aesthetic concerns. .,w. '`"'�" aXp,,,:.�,,�.,,,;;,ms;M'�"" ,,.,. ,,1,,;.,6r;:;i ,1•r, + ,i;r„v:ro
w li' Local governments in statesincluding a majowEyr
allowed was beisandwicng
boarcls mated,
ry ,i;;[r„"..Il.s$.��, a maol' bridge was bel tenovateci,
L}+y,. ` Ma55ICnU$eCts, Minnesota, Oregon, •4 `rr9n,!i' :_j'��'Ii„ � �k,'t;+,� �,,,';. .a.l NOW ilie clt1r 1517ieerin�wild merchants
h " Californfa, Alabama, Tennessee and i 57: w " r,7N 'j:I,j^. ,. i,'•e,' ',r n', ,' to remits, [hem dies; can't have the
Maryland are scrambling to revamp rig a � �^ �� �,d � � ^, � . . , signs without a nenntt. "We have to
ordinances regarding dies, 0 M.+rllmthunr.lhep'+ormSprmc [aIlY,7�urr9m
�• protect the public right ofWay,but meek
"It is a growing trend."David Richey, Polnthigthe why:Cactusbeary owners 12odolfo Castillo,right,and Dorton Dahle the needs of the merchants to advertise
directpr o government relations for the have been fined by Palm Springs for placing their temporarysign on the street, their business,"Bennett said.
International Sign Association, said of r>Easthampton, Mass. Sandwich
merchants using the signs. Thus far, sandwich board concerns sign is not on the street,"Castillo said, signs are allowed as long as they are re-
Hickey said store owners are realizing don't seem to have extended to larger Palm Springs Mayor Pro Tern Ginny moved at night. That established ordi-
their e'usting signs are not enough to cities, according to the International Foat said she's fine with signs as long as rinse has been abused recently as 25
compere andd are placing more tempor^ Sign Association,the Central City Asso- they don't have flashing lights like Cas- out of the 100 businesses in the city's
ary signs iq front of their shops—often ciation of Los Angeles and the Chicago- tillo's sandwich board."These are tough downtown displayed signs,city planner
in the public right of way. land Chamber of Commerce, economic times,"Foat said. We need to Stuart Beckley said.The problem comes
"More and more cities are cracking In Palm Springs, Calif., sandwich help then't";,ut„but we can't have a city when they place them on public side-
down on signs in the name of aesthet- boards and other ftee-standing signs that looks llke crap." walks,Beckley said.A"big ventirg"ses-
} ar s lcs,"Hickey said, have long been prolubited.After several, Palm Springs resident Bob Mahlowitz Sion tools place in March with men-
:. ! c Small-business owners have been WL often emotional meetings with mer- said free-standing signs draw shoppers chants and an effort to overhaul the sign
hard by the economic slowdown.More chants, die City Council voted April 16 such as himself in Recently,be saw Cac- ordinance will smart soon,he said.
than 30%of businesses with 500 or few- to allow signs that say the name of the ttrsberry's signs and theyzelninded him l:Anna ois,Mild-Michael Mallinar�
a . er employees have seen a decrease In bu5tness Intl the word"open" the store was in downtown.Iremem- director of neighborhood and environ-
gross sales,and near 401'have seen a That doesn't go far enough, though, bored it was there, and we had frozen mental programs, said the city is re-
N,,`N: decrease in net pro$ts in the past 12 said Rodolfo Castillo, co-owner of Cac- yogurt there,"he said. vamping its ordinance b address what
months,according to the National Small tusberty frozen yogurt in downtown Elsewhere: sandwich board signs can look like. "in
r.. Business Association. As a result, the Palm Springs: t Eugene, Ore.Minor code chartges recenr months, there have been mote
NSBA says,54%of merchants will turn Castillo said he has been cited four are being discussed to allow sandwich (signs), maybe because of the econo-
to new marled rig strategies,Sandwich times for his�500 sandwich board and boarcls throughout the town and not my,"Mallinoff said.
r Y boards are among those techniques, fined$$300,Ne said he doesn't care be- only downtown, said Mike McKerrow,
Molly Brogan, NSBA vice president of cause he has to let people ]mow he is die cites land-use management super- Frith reports for The pesert5un in Palm
q� public a0'airs,said. open, "My business drops 50% if that visor. Doug Graves,general manager of Springs,Calif.
G y ,, r � !"
N u'g ,-.. 0
•�. µ,'�-:�^.0. W �'• r d fT�"'' ! u,i 'e C ,�+9'r
ZAVPDU L)Alq . F
Members of the Planning Commission:
We are asking for an A frame sign because it makes
sense for our business. When so many businesses have
closed or moved away, we want to stay in business in the
La Plaza shopping center.
In this recession, when the Fashion Plaza
development is probably a year away before any
construction could possibly begin, we need every
marketing tool there is for our businesses.
Cactusberry has a billboard on the 111 near the 10
freeway. We sponsor a local soccer team. We sponsor
AIDS riders that are wearing Cactusberry and Palm
Springs on their uniforms as they are bicycling from San
Francisco to Los Angeles. The team support vehicle is
wrapped in a sign that has Cactusberry and Palm Springs
on it. We have a healthy product that people love. We
give away T-shirts and caps with our name on it. And
still, we need an A-frame sign outside our business
because in spite of all of this promotion, that sign helps
people to know where we are and that our door is
unlocked.
l�Qi��xa?
We think that we know how our business can be
successful. We keep it clean, plant flowers in front of it,
designed it to be modern and attractive. We know how
to make our business and our sign attractive and
wouldn't do anything to make it unattractive.
We are asking that our hands not be tied behind our
backs to prevent us from surviving as a business.
We have a number of issues with the City Council
Staff Report. One paragraph says that signs must be
placed within four feet of the storefront and yet, to
accommodate disabled people, a walkway of 48 inches
must be kept clear at all times. Another is confusing
about multiple tenants that can or cannot have signs.
At the end of all of this is a recommendation that if
any sign criteria are not met, then "The City" can remove
our sign at any time. This is without any warning,
citation or hearing process as has occurred in the past.
Council members Hutcheson and Weigel have asked
that the process be reviewed, a sunset clause of up to
five years, why there isn't an allowance for A-frame
signs, and why the ordinance is overly restrictive.
Hutcheson is quoted in the minutes as saying "that he
wanted to give the merchants tools and flexibility to
experiment in difficult time".
Please give downtown businesses this one small tool
in their struggle to stay in business.
�aaa��
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5-1202 —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 9, 2008. 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, an application by the City of Palm Springs to
amend the Palm Springs Zoning Code Section 93.20 relating to standards for 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 PROJECT 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. and 5:00
p.m. Monday through Friday. 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 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][21).
An opportunity will be given the public hearing for all interested persons to be heard. Questions
regarding this case may be directed to Craig A- Ewing, Director, 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-
mes Thompson, City Clerk
PALM s
City ®f Palm Springs
" Office of the City Clerk
k �coq
3200 E.'rahquaz Canyon Way • Palm Springs, Call-ornla 92262
C"ZIFO?04" Tcl (760) 323-8204 • Fax (760) 322-S332 • Web: www.pa1mspr1n1's-ra."0V
NOTICE OF CONTINUANCE
NOTICE IS HEREBY GIVEN that the regular meeting of July 9, 2008, Public Hearing
Item No. I.C.
I.C. PROPOSED ZONING ORDINANCE AMENDMENT ESTABLISHING
STANDARDS FOR PORTABLE "OPEN' SIGNS IN COMMERCIAL
ZONES.
The City Council continued the public hearing to Wednesday, July 30, 2008, at the
Council Chamber, City Hall, 3200 Tahquitz Canyon Way, at 6:00 p.m., or as soon
thereafter as possible.
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, James Thompson, City Clerk of the City of Palm Springs, California, certify this Notice of
Continuance was posted at or before 5:30 p.m., July 10, 2008, as required by established
policies and procedures. _
mes Thompson
City Clerk `
000021S
Posy Office Box 2743 • Palm Springs, California 92263-2743
This morning, I drove down Palm Canyon Drive and
back north on Indian Canyon and counted seventy one
empty storefronts and closed businesses.
The downtown merchants need your help on this
ordinance which is now referred to as the "OPEN" sign
ordinance that has been hanging over the heads of
downtown merchants for over one year. The number of
merchant meetings and city hall meetings devoted to this
one small issue helps to explain why downtown Palm
Springs is locked into a downward spiral.
In a 1970's episode of Monty Python's Flying Circus,
the comedy group explained why it took the English so
long to discover America. Every day there were two
hours of sailing and ten hours of flogging. In the
business world and in today's economy, Palm Springs'
small business owners cannot withstand this constant
city hall flogging.
The Planning Commission listened to us and voted
unanimously for both A-frame signs and the less desired
upright metal signs. The upright metal signs are deemed
less desirable because they tip over and for several
months of the year it takes oven mitts to pick them up or
to move them. I do not understand why planning staff
continues to go against what downtown merchants
voted for in a two to one vote. These city planners are
out of touch as to what it takes to run a business and
market it in downtown Palm Springs.
Now, about that green flashing light that we have on
our store's sign: Almost every night we get customers
that thank us for it being there so that they could find our
UUUU 3 i'
store in the darkness. It constantly brings in customers
as does the sign. Let me make this point clear. This
sign and light is not to compete for business, this sign is
for the survival of the business, in this economy, in this
downtown. If you have an argument about no business
model should be dependent on a small sign, tell it to the
seventy one businesses that are closed.
That LED light costs $36. In comparison we spent 5
times that to join the chamber of commerce and never
had a customer that said they came in the door because
of that membership.
It costs $350 for the BID tax (10 times)
The BID paid $36,000 for a map of downtown that
was distributed with the newspaper and probably for the
most part thrown away. (1 ,000 times)
We could pay $4,000 a month for a billboard (114
times) or $48,000 annually (1 ,371 times) the cost of the
light.
When I compare what that light costs compared to
the cost of membership, dues, maps and a billboard
($84,530 or 2,348 times) and the $36 light brings in
customers.
This ordinance has a sunset clause after two years.
What's the harm in allowing downtown merchants to do
whatever is necessary to stay in business in the desert's
only downtown.
000��
Mayor, City Council Members:
Our A-frame signs are about business survival.
The Planning Commission unanimously
recommended that there should be flexibility for signage
and choices that would allow A-frames as a marketing
tool in Downtown Palm Springs. Now, the Planning Staff
has turned a deaf ear to what the Planning Commission
said: "Flexibility is necessary in this harsh economy". All
merchants in Downtown on Palm Canyon, Indian
Canyon, and the side streets need every marketing tool
that they could possibly use to survive this recession.
Restricting signs to simply say "OPEN" is redundant and
ridiculous. There seems to be more signs that say
"FOR LEASE" in the downtown area and THAT is the
real issue! The fact that businesses are dying monthly is
what should be the main topic for discussion!
It should be mandatory for city staff to put in 20 hours
of work in a downtown business so that they can
understand what it is like to have a business in this town.
(and I do not mean a gay bar). Most staff members
know what it is like to live in this town, but they have no
idea what it takes to run a business that those same city
employees regulate.
Today, I counted seventy one empty store fronts in
the BID area of Downtown and I didn't count the
businesses that are for sale. Aesthetics are often
mentioned as a priority in the sign discussions. The
worst appearance occurs when the business is DEAD!
In the discussion of how things look around the
downtown, please do not forget that on Thursday nights
during VillageFest, the vendors can pitch a tent with
® oa � ry
banners, lights, no toilets, no hand wash facilities, and do
it in the middle of Palm Canyon Drive. Where is the
EQUALITY there?
Our business is not a national chain or franchise.
We are locally owned and a minority business and as
such are requesting the ability to market our business
with A-frame signs. The hard reality of the present
economy forces us to fight with every tool that can be
used for us to stay in business. The impounding of signs
that can cost $500 without due process and treating
merchants like criminals is not the treatment we
deserve. Our signs are out of the public right of way and
on private property. This ordinance would appear to
have been written to deliberately extend itself especially
toward Cactusberry Yogurt.
To say that the signs that are on El Paseo are the
signs to be used in Palm Springs is the wrong direction.
When our town gets rid of the empty storefronts and has
a few luxury brands, then we'll talk about it. This
ordinance has been recommended for a two year sunset
clause, so what's the harm?
It is my hope that Mayor Pougnet and the Council
will send a clear message that they support small
businesses in the downtown. It will be easier to curb
business closures than it will be to attract new ones in
Palm Springs' future.
9601040
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Cactusopay co-owri ,Darron Dahle{left) and Rodolro Cnsulio have been fined by the city of Palm Springs several limes for placing Mayor-
their A-frame sign on the street,They were photographed at la Plaza and Palm Canyon Drive on ,April 16 in Palm Springs.
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Since
By PrzvrlI standing signs — but not A- relations for din Lnremadonal slowdown, More than 30 per- has cl:
My.neseF:T VN frames, Sign. Association, said of met- cant of businesses with 500 or homes
Palm Sptin6s memhants look- "These arc mugb economic chants using the signs. fewer employees have seen a de- "We°
ing for any edge in ioday's slug- times," Mayor Pm Tern Crinny Mickey said state owners are crest in gross sales and nearly we've
gish economy are turning to in- Peat said. "We need to help realizing dwk existing signs arc 40 p,scentbave seen a decrease and c
expensive, portable s,uidwich (inerchsats)out." not enough to compete and are in net profits in '.e past 12
board signs in front of their Lila Pahm Springs,local gov- placing more temporary signs in enondhs, according ro the Ns'
shops,forcing The city to weigyt ernments in states including front of their shops--often in tonal Small Business Associa- I
business needs wilt safety and Mfissachusctcs, Minnesota, the public right-of-way. ton-2L a result,the NS3A says
sesthedc concerns. Oregon, Alabanu:,, Tennessee "fibre and more cites arc 5z percent of merchatus will
Tomght, the Palm Springs and fiMaryland are wrambling to cracking down on signs in the turn to new marketing snarte-
Ci Caunalw lldiscussihccr •• revamp si}fit ordinances regard- name of aesthetics," 'dickey gics, p+
11-;r,e-a law that would allow ing the sighs. said. Sandwidt boards ate among
Z=z a little wiggle room "It is a growing creed,"David Small-business owners have those tcchnicines, said Mol y LQ
:nave metal, free- Hicicev,director of govanI been hit bard by the economic 'teas^sec SIGNS,u =rl
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Condnazad from DI ... A-L-nines are not approp^:ate," volveme.,i Cotmmaree Vice Chairmau wo r2,u Linda B=ett said her city
according to a city staff'mpom "A- Bob Mahiowitz said free-standing rempotaEy allowed sandwich boards
Brogan,NS 3Avice eras dentofpub c frames do not have the same cszbcdc sets draw shoppers like himsclf In.A w'"ae a major- b;;dge was vein;ren.
affa . fomlaEty ag hhe mccal Tame on a pole, few moncbs ago,he saw Caccusbe 3's ovated.Now wa c4y is meeting wi,&
Thus f s, sandwich beard conecros and some A-iram_es are lightw6 swgps and>noyrcomsnded him the store mechants to ramnd them they can't
don't seem to have earended to larger plastic that may need additional was in downtown. have the sgas widrout a Damn,
Ices, according to the lntemanonal weighting zo keep from being'ssocked -1 rrinembercd it was there,and we "We have to prmett the pubic right
Sign Association,the Ceraal Ciy As- over." had frozen yogurt there,"he said, ofway,but meet the aceds of the;_s-
sociad= of Los Angeles and the That doesn't go far enough,though, Ele where: chants to advertise tcir business,"
Chicagoland Chamber of Com- said nodolfo Castillo, co-owner of sagam,Orv.:Mmor code changes are BcnnettsaicL
mace. Cacrusberry frozen yodg= in down- being discussed to allow sandwich Site said Chattanooga has a unioue,
Ln Pam Sprrings, sandwich bowls town Palm Springs. boards througlnouz the town and not puairt Ipol:mat co ld be hun.if here
and o herfree-sand ngsigns have long Castillo said he has bm--t cited four only downtown, said Maze Mc:Cer- are zoo zany sigr:s out.M=is also a w
beer,prohdoired. dames for his$p500szndwichboard and row, the CIVS land use management lot of pcdestrsia taint and the signs
But atzer several, ofren emotional fined 5300. He said he doesn't care supervisor. Doug CKaves, general cold pose a sa&y problem.
meetings wit merchants, ilia PaLm because he has to let pcoulel000waeis mm2ger of Glass Tree Care,said he CVin= Sandwich signs
Springs City Counol voted April 16 to oo=-"My business drops 50 percent hopes the city-works quickly.Fie said are allowed as long as trey are te*sraved y
allow signs that say the name of the outhestreet,"CastPo he had to a move his$700 s.gt after ar night. Thar established ordinp..^ce
business and dhc word"open." said someone complained to the city. has been abused zeemzly,as 25 out of tux.
The proposed law was ldciced back, Foat said she's fine with sites as long "17e have aces right in front of oLx the 100 businesses in cue ay's down- w
to the Palm Springs Planning Cow, as rhey don't have flashing liglnrs lily business aid people dan'timowwhae rmvo dsplayedsigns,dyplatterSm-
mission in May to be nmimered out, Castillo's sandwich. board. Czcatiag we are,"Craves said. art Beckley said..nc problem comes
a-td the conurissionvoted to allow not tasit-M signs is a compromise, she MoM➢e, fk.; Codes we= amended when,hey plam then on public side- .��%CL wu 7:a��r
just free-sraudiag metal signs,but A said, earlier this year to allow sandwich walks,Reddey said.
G=ucs too.Merchants would also nor Betz at the same tune,Palm Springs boatels in response to the 20 new A rook place in DolareS Juarez Sar;che
have been limited to just the ward must have a law to Iceep die city from restaurants char were puvrng maru March wit merchaits;and an eBorto vvertQn.Z Qs VViS71ne Lo:z
"open" becoming "ugly" with signs reading boards in front of the+s scores, City overhaul the sip ordinance will mxt Sanchez, V!?Q pmcsced
Now,city staaigrecommendingrhe "'Open," ForSale'and"Closing"lit- Council-Vice President Fred Richard- soon,hesa+d. CorninsJuly ,L7M.S,'e
council go with its or-,final vote—ao rering the streer,she said, son sold. ���aa;Sis,if d.:Kchael M2llinoir,di- Alber'ir and ,ivani;e.I'4nrc
sandwich signs would be, aLowed. "'Ihechaas tobesonne coortoI,"said "i`the Mty starts looking too tacky, recror of neighborhood and errozon- 3raWley, CAL
Free-standing signs with the word roar,a member of the Palm Springs we'd go back and look at it,"Richard- mental pmgasns, said die cry is fa- She was an aesi•aa,'n=7k
"Anon"is proposed and t1s business City Coundl siwr subcommittee. son said. vantp{g is ordinance to address what
name and logo would go an the sign. Palm Springs Neighborhood In- Mvganooga, Secao,: City Council- sandwich board signs can look like. of Indio and Ync Unrsd Pv
Ho Springs.
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Case study: WACHOVIA BANK San franclsca
3RD LARGEST BANK IN THE USA
USES: 2 A4RAMES IN THE FINANCIAL DISTRICT
OF SAN FRANCISCO TO SELL NEW SERVICES.
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Sign Permit
of PALM SAS Department of Planning Services
Sign Address APN
V
Name of Business Date Submitted
Applicant Phone #
I FOIL
Submittal Items:
1)Scaled drawing of sign showing size, height, colors, and materials(3).
2) Photo showing location of existing and proposed signing on the building (3).
3) Free standing signs require a plot plan showing location in relation to
structures(3).
4) Materials and color samples on 9 %2 X 11 board
Type of Sign: "
Subdivision _Trade Construction _Permanent Main
_Pedestrian Directory For Sale/Lease _Permanent Pedestrian
Convenience _Temporary —A-Frame/Menu Board
Designer
Sign Company Representative
Street Address Phone Fax
Design
Number of Existing Signs _ Square Footage for Each
Number of Proposed Signs Square Footage for Each
Business Linear Frontage Multi-tenant
Materials Colors
Type of Lighting
Location and Method of Mounting
Height of Free Standing Sign
Valuation of Sign(s) Permit Fee Microfilm Total
Conditions of Issuance --To be completed by Planning Department
1) All signs must comply with Planning Commission conditions and section 93.20.00 of the Palm
Springs Zoning Ordinance found at http://www.bponet.com/codes/paimsprings.
2)All signs must comply with the Uniform Building Code.
3)All exposed neon shall be equipped with a manual dimmer to establish light intensity.
4)Any non-approved signage must be removed.
5)
6)
7)
THIS PERMIT IS ISSUED CONTINGENT UPON REMOVAL OF ALL NON-CONFORMING SIGNS ON PREMISES.
Owner or Contractor Planning Department Date of Approval Permit Number