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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 j4 , FppI.M SA y u M Ica Y 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 r� ti �+ u m x ryC Fx 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 {O pPAM Spy �2 0 m 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 $500 without due process and treating merchants like criminals is not the treatment we deserve. Our signs are out of the public right of way and on private property. This ordinance would appear to have been written to deliberately extend itself especially toward Cactusberry Yogurt. To say that the signs that are on El Paseo are the signs to be used in Palm Springs is the wrong direction. When our town gets rid of the empty storefronts and has a few luxury brands, then we'll talk about it. This ordinance has been recommended for a two year sunset clause, so what's the harm? It is my hope that Mayor Pougnet and the Council will send a clear message that they support small businesses in the downtown. It will be easier to curb business closures than it will be to attract new ones in Palm Springs' future. 9601040 % % -L SLW V diul y+ ra�iY �l �IL-.,_ I :'y�• .r4t''*iir'a,layr.:^i:�J+6��.'"V', •'.I: 1 I„y,!i � n.� ,�I`fP' 11i s''?,.�;.'?(fI .tom,,r�"�:' y ..�}��q�)I ri��'r�,''. ��'i '. ''• •,''r'ii� I` ^`�'',"^'; ''�t� ✓ ' ' y t '�}�,i i�iyj �'1 I J M` ,Ty 'rgy,I'd,`rI _ _^l,Fj '�r l wl. r� r:7..}r• t- ,.,,fr,,':d•4 !! ' t 6 -• ,T' 11'.T,,„.r::�4_r::. 7,7 cq.}, ''r ,;%a1.' - � t„ �,F' i .•r7.; -j,r ')i•il. „'r,l 1; I(5.: � n;l" _ -.�•,r '1^ ^? w<.vµ.'�aK '�� By X T;rE D j rwl _,tiy r:.•,;,.?,r_a .-,fa^:'i:jll'�.;sn•' Ip r 'il At E - rr. w.'iS$L'• I,lr,x;,��;�'�li�,.:•,� ,��=� I rlpn f - .�.,lr,Iw1�� :r. �J7^s;;�'�j' (7iKn-v�,.:,,�4,`d'i� a;l;w, �� 'I� i,�_,.! _ .w:�. -i• I . ".? I build, cL' 1 pn .,yt=` ,v�.` ieY;(r - tor(Ca=C Ptiu:" air 3 giNMf, is a •,a ,...�.- _, �,.a+^ � 55 ERC 7 ., ^�` :.' �„I';r f. �.�. .ter_.-.._-•.--,..r - I .:` -� � i,•'%ar^M1`1� �'wr % �- � ___ .^'_.._- —rr"' pair c: nit,% additien 11d1.1I:Y\LI'uVG�TFIE Oft$P.RT,^.Ul' is a. eF.l 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. fished,S 0 cours�a Vest ' home StraggM19 ine ch-wi:s tare case fOr St ed Slglls tO City CouncL Ion�74)t inner:-, older:- 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 -- l Iy j,� " d•. �ro.� .L,- ,f-p, q .r r,�r� j�{�``�j`'�1�}� �sgY51, �m� .n�di Ir`.r,r� . r 7iy�� ^ t I! 'I^ t II�•''ggq'''{{{��� 1'`�it l (+�;I: 1I1J�i f c q �✓\v��lt�.L,1.�•1 e. .rvl�sYsi n'IY I Millililliliplil p R gp,uao ,r zn::vne a�eppe sescton ll 9aa ,olWlo nal�u u�ls sanbal I1 Liu,)rJdl] �')� ULlll �JIls L.i�:st :�� �V�4�0l,' IAII r I `,.!r 111 � �v a.1 I�i fir. av 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. 7 - - Shc is surmsd by 3 sons �E Ll �o a�li (DC ��R� � �N " Irl� via ersess2 Sanchez, real O O - I 7 � 1 ,w,n""•{ ��� .. r�-ter... J�. Y e .xi .GY. I I'. r��e`Fi�%r11.�� �'i„ ' M��t a��'�`7- �.�tM � , - -S - li r;4�- i�� ! /�/''' v� :�' ?•�'1 1 .0 A 1 �+w. 04, '?Yy'"� �� .R ^'1 n ••�' .._..e.� r -C�"ice • r 4iM1I` v�.SJC� 4,04 04 a d . t. n•w: _. ,R � i �"nn r•`" x.�!�.u4m,I o F ,.'� :�� ems. �� e r W14. , S' 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. MWa I'- lt 114 y , _ f. 4 — %40 6 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