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HomeMy WebLinkAbout7/28/2004 - STAFF REPORTS (13) r ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING CODE IN REGARD TO SECTION 93.20.10 SO AS TO ALLOW ADVERTISING MATERIAL ON TAXICABS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 93.20.10 of the Zoning Code is amended to read as follows: 93.20.10 General provisions The following general sign usage provisions and regulations shall apply. The additional sign usage authorized hereunder shall be strictly construed in its application. A. Procedures. 1. Approval and Permits Required. It is unlawful for any person, firm or corporation to authorize, erect, construct, maintain, move, alter, change, place, suspend or attach any sign within the city without first obtaining the necessary permits. Review and approval by the planning commission shall be required for the design and location of signs in excess of fifty (50) square feet. All other signs shall be approved by the director of planning and building, except that either the applicant or the director of planning and building may request review by the planning commission. Sign permit fees shall be established by resolution of the city council. A double permit fee shall be assessed if.the installation of a sign is commenced before obtaining a permit. Permits shall be required for the installation of all signs except real estate signs of three (3) square feet or less, sale signs, customer convenience signs (except menu boards), and political and election signs. 2. Special Permits. Nothing herein contained shall prevent the director of planning and building from granting a special permit for signs pertaining to upcoming events of general public interest when it is shown that such signs will not be materially detrimental to the public welfare nor injurious to adjacent property owners. 3. Appeal. Any person aggrieved by a decision to issue, issue with conditions or not issue a sign permit by the director of planning and building shall be advised that such application may be placed on the planning commission agenda for reconsideration. The decision of the planning commission may be further appealed to the city council pursuant to Chapter 2.05 of the Palm Springs Municipal Code. 4. Variances. The provisions of Section 94.06.00 shall apply. In addition to the finings required therein, the planning commission may grant a sign variance based on the findings that due to the physical characteristics of the property and the orientation and design of the structures on the property, strict application of the regulations of the sign ordinance will not give adequate visibility to the signage; that the approved signage will be compatible with the design of the property and will represent the least departure from the standards of the sign ordinance necessary for the effectiveness of the signage; and that the approved signage is compatible with the surrounding property and not contrary to the purpose of the sign ordinance. B. Safety. 1. Signs for Public Safety and Convenience. When deemed necessary, the director of planning and building may authorize and approve signs not to exceed five (5) square feet per face to serve the public safety or convenience, such as "Entrance" signs, "Exit' signs, and "Parking" signs. 2. Proper Maintenance of Signs. The user, owner or lessee of a sign authorized hereunder shall maintain it as approved in a safe, neat, attractive, first-class condition and in good repair. 3. Obstruction of Passage. Signs shall not be constructed so as to obstruct any door, window, or fire escape of any building. 4. "No Trespassing" Signs. A "No Trespassing" or "No Dumping" sign not exceeding three (3) square feet shall be authorized for each parcel of property in addition to other authorized signs and shall be designed and located thereon in a manner satisfactory to the director of planning and building. 5. Glare From Signs. Illuminated signs shall be designed in such a manner as to avoid undue glare or reflection of light onto private property in the surrounding area or right-of-way and shall be erected and located in a manner as approved by the director of planning and building. The intensity of lighting of a sign may be reviewed in the field by the director of planning and building who may require the reduction of intensity. 6. Location of Right-angle Signs. Right-angle signs shall be seven (7) feet or higher above the sidewalk or the right-of-way. Right-angle signs supported by posts or standards shall not extend beyond the property line or into the public right-of-way. 7. Street Address Numbers/Letters. A street address is required and shall conform to the requirements of Chapter 14.04.100 of the Palm Springs Municipal code. When address or other numbers are used as an identification name, they shall conform to all applicable provisions of this section. Street address numbers in excess of eight (8) inches in height shall be considered a sign. 8. Exceptions. Nothing herein contained shall prevent the erection, construction or maintenance of official traffic, fire and police signs, signals, devices and markings of the California Transportation Department, the city council or of other competent public authorities, or the posting of the notices required by law. C. Other. 1. Signs for Public and Quasi-Public Uses. Directional and public convenience signs for public and quasi-public uses may be permitted on public property. The design must conform to standard directional sign specifications promulgated by the director of planning and building and approved by the planning commission. The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the director of planning and building. 2. Color of Signs. All signs regulated by this section shall contain no more than four(4) colors. Black and white shall be considered as colors. Logos, in which text does not comprise an area greater than seventy-five (75) percent, may contain no more than six (6) colors such that the total number of colors of the sign of which the logo is a part shall not exceed six(6). 3. Signs on Awnings, etc. Painted, nonilluminated or indirectly lighted signs may be permitted on the boarders of marquees, canopies, awnings, umbrellas or similar structures or attachments if located and erected in a manner satisfactory to the director of planning and building. Such signs shall be included in the total authorized sign area. 4. Signs on Vehicles. No person shall drive, operate, move in or along, or park on any street or on public or private property, any truck, trailer, carriage, wagon, sled or other vehicle on which is attached or maintained any sign displaying any commercial or noncommercial advertising matter for the sole or primary purpose of displaying such advertising matter, except for the following: a. The driving, operation and movement of vehicles displaying political campaign advertisements for candidates for public office and ballot measures; provided, the same is not otherwise prohibited by this section; b. The identification of a business enterprise upon a vehicle used primarily for the purpose of and in the usual business of the owner for transporting or servicing goods or persons for commercial or other business purposes; provided that, the identification is painted on or otherwise affixed so as not to project from the unusual profile of the vehicle; - c. The incidental display of noncommercial stickers, plates, license plate brackets, and the like; or of customary small identifications on license plat brackets or elsewhere, of vehicle manufacturers, models or types of vehicles, or dealers or entities from whom vehicles bearing the same were purchased or otherwise obtained; d. A single isolated movement of a sign or sign equipment or materials from one (1) place to another within the city; e. Vehicles located on construction sites that are directly involved with ongoing construction. The parking of any such vehicle on any street or on public or private property, or the movement of any such vehicle in and along any street for the sole or primary purpose of displaying advertising matter is declared to be a nuisance and a violation of this section. f. The display of signs affixed to taxis cabs that are in compliance with Chapter 5.40.321 of the Palm Springs Municipal Code. 5. Multiple Frontage Lots. All sign areas allowed in this section shall be allowed on each street frontage of a multiple frontage lot; provided that, the same use of the property extends through from street to street. Consolidation of sign areas permitted on each frontage to one (1) sign is prohibited. Total sign areas as established elsewhere in this section shall supersede this item. 6. Exposed-Tube Neon, Fibre Optics and Other High-Intensity Signs. The design and placement of neon, fibre optic and other high-intensity signs shall be subject to the following provisions: a. The use of such signs shall be limited to main signs and customer convenience signs. Prefabricated signs are prohibited except for customer signs; customer convenience ' signs shall be limited to a single color. b. Neon, fibre optics and other high-intensity signs which exhibit glare and high contrast with their surroundings are discouraged. Additional lighting may be required to adjust the ambient light background of the proposal. C. The number, locations and overall impact of pre-existing neon, fibre optics and other high-intensity signs shall be considered in judging the appropriateness of proposed signs. d. All tubing, conduit, transformers and other paraphernalia not part of the actual sign face shall be concealed from view. e. All neon, fibre optic and other high-intensity signs shall be installed with solid state transformer dimmers. The intensity level of all such signs shall be reviewed in place and adjusted to appear at a level consistent with other lighted signs in the vicinity. 7. Live Theater Signs on Historic Properties within the Central Business District and City Owned Historic Properties. Live theater sign, not withstanding compliance with Section 93.20.00, in conjunction with historic properties within the Central Business District and or City owned historic properties, pursuant to Section 93.17.04, may be permitted when all the following apply: a. Signs shall not alter that historic character of a structure; b. Signs are visually creative; G. Light source of signs shall not be excessively bright or obtrusive to passing vehicular traffic, pedestrians and surrounding uses. See Section 93.20.10(C)(6); d. If sound is proposed, said sound shall not be audible by an adjacent business or nearby residential properties; e. Signs and related media displays shall be designed and located to be oriented towards pedestrians and shall be limited to a size proportional to the pedestrian scale adjacent to the sign location; and f. _ Signs shall be part of a sign program subject to a planning commission architectural )' approval. (Ord. 1637 & 3, 2003; Ord. 1538 (part), 1996; Ord. 1422, 1992; Ord. 1418 (part), 1992; Ord. 1354 (part), 1990; Ord. 1294 (part), 1988) SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED THIS day of 2004. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk Mayor REVIEWED &APPROVED AS TO FORM: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MUNICIPAL CODE IN REGARD TO CHAPTER 5.40 SO AS TO ALLOW ADVERTISING MATERIAL ON TAXICABS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.40 of the Municipal Code is amended to read as follows: 5.40,321 Permitted signs —Taxicabs. 1. Signs and markings on vehicles. All taxicabs operated under the provisions of this article, when situated or operated upon the streets of the city, shall have a sign attached to or printed upon such vehicle reading "Taxi" or "Cab," and if desired such signs as may designate the trade name under which such vehicle is operated; provided, however, that it shall be unlawful for the operator of any such vehicle for hire operated under the provisions of this article to permit any other signs, either painted or attached to such vehicle, to be displayed thereon except as permitted or required by this article. 2. Advertising material permitted on certain vehicles. The operators of taxicabs shall be permitted to display advertising material on taxicabs and make a charge for such space, provided that such advertising matter shall be displayed only by one (1) of the following methods: a. In the rear window of such taxicab. i. All rear window advertising shall be digital output graphic printed on high performance perforated vinyl and shall not exceed the size of the existing rear window. ii. Rear window advertising shall not interfere with the vision of the driver operating the vehicle. b. In an A-shape frame or holder on the roof of such taxicab which may be illuminated to display the advertising material contained herein. Such frame or holder and any permanent sign contained therein shall be noise-free and shall not protrude over the front or back edges of the taxicab roofline which is the point where the roof, windshield and rear windows or the vehicle are joined. i. If an ad carrier replaces the top light of a taxicab, the ad carrier shall have two (2) amber cheater lights that illuminate when the taximeter is turned on. ii. The name of the taxi company shall be printed in letters at least 2" in size on both ends of the ad carrier. iii. The ad carriers shall illuminate when the headlights are turned on. iv. Signs which have changing messages, rotate, move, flash, reflect, blink, or appear to do any of the foregoing shall be prohibited. V. An emergency display light (bandit light) shall be installed on the ad carrier and shall illuminate red in colour so as not to confuse it as a meter light. vi. The ad carrier shall not exceed 56" in length, 19" in width, and 17" in height extending from the roof of the taxi. vii. The ad carriers' base mount shall be attached by bolts or rivets securing the ad carrier, preventing the ad carrier from becoming dislodged. viii. Ad carriers may use either a fluorescent light or incandescent lamp. ix. The ad poster shall be a digital output graphic on translucent vinyl. X. The cover of the ad carrier shall be made of the industry standard plastic as used in taxi top lights. 3. Taxi signs may be come subject to any franchise or other subsequently adopted } ordinance that is applicable, including any new fees. 4. Compliance With Section — Nuisance —Abatement. a. Upon discovering the existence of a taxicab sign that does not comply with the above stated limitations, the Building and Safety Manager shall have the authority to order the immediate abatement and removal thereof. The Building and Safety Manager shall notify the owner thereof, or the owner's representative, in person or by mailing an abatement notice to the owners last known address. Such notice shall state the time limit, if any, granted for removal of the sign and a statement that the owner may request a hearing to appeal the abatement and removal by submitting a written request. b. Any hearing to appeal an abatement order which is requested shall be conducted within thirty (30) days of the receipt of the request by the Administrative Appeals Board. The failure of the either the owner or his agent to request a hearing shall waive the right to a hearing. At the hearing, the Administrative Appeals Board shall determine whether good cause was shown for the abatement of the sign. The written decision of the Administrative Appeals Board shall be deemed the final administrative determination. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED THIS day of 2004. ,I AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk Mayor REVIEWED & APPROVED AS TO FORM: _ ( 2