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7/21/2004 - STAFF REPORTS (16)
i DATE: July 21, 2004 TO: City Council FROM: Director of Strategic Planning CASE NO. 5.1016 - AMENDMENT TO MUNICIPAL CODE CHAPTER 5.40 AND ZONING CODE SECTION 93.20.10 TO ALLOW ADVERTISING MATERIAL ON TAXICABS. UPDATE The Planning Commission reviewed the proposed amendments at their meeting on July 14, 2004. A motion to approve the proposed amendments, subject to allowing both rear and roof top signs, failed by a 2-4 vote. Planning Commission members commented that the item needed to be resolved at the City Council level. The item was advance noticed for the City Council meeting of July 21, 2004, prior to the Planning Commission's action, in order to bring resolution to the item before Council goes dark in August. Director of Strategic Planning Ci r Aanage DATE: July21, 2004 TO: City Council FROM: Director of Strategic Planning CASE NO. 5.1016 - AMENDMENT TO MUNICIPAL CODE CHAPTER 5.40 AND ZONING CODE SECTION 93.20.10 TO ALLOW ADVERTISING MATERIAL ON TAXICABS. RECOMMENDATION That the City Council consider amendments to the Municipal Code, Chapter 5.40, and Zoning Code, Section 93.20.10, to allow advertising material on taxicabs. SUMMARY The Planning Commission reviewed the proposed amendments at their meeting on July 14, 2004. An oral update on the Planning Commission's action will be given at the City Council meeting on July 21, 2004. BACKGROUND The City Council received a request from the Coachella Valley Taxi Owners Association (CVTOA) to allow advertising on taxicabs in the form of roof-mounted signs and rear window signs. The reason for the request is to provide an additional source of revenue for taxicab companies that operate from Palm Springs. The applicant has indicated that the prohibition of advertising on taxicabs has placed a financial burden on taxicab companies. The City Council directed City staff to draft an ordinance to allow and regulate taxi signage. City Council members have expressed a range of opinions regarding the appropriations of allowing commercial advertising on taxi cabs. The existing sign ordinance prohibits such advertising on all vehicles. Historically the City has prohibited all off-site advertising on the basis of reducing the visual and psychological effect of advertising. Palm Springs has always projected an image of relaxation and escape from pressures of home and work. A copy of the General Plan policies regarding signage and visual resources is attached. The attached ordinance will allow advertising to be placed on the roof of a taxicab in an illuminated A-frame holder or rear window advertising. Staff recommends that rear window advertising either be prohibited or limited to the restrictions that have been recommended. No permits are proposed to be issued for the taxicab signs. The ordinance allows taxicab owners to place signs on their taxicabs as long as they comply with the provisions of the ordinance. However, signs and taxi operations may be subject to future regulations or fees should a franchise or other ordinance be subsequently adopted. The draft ordinance was forwarded to the CVTOA, the Planning Directors and Mayors of Coachella Valley cities, Palm Springs Chamber of Commerce, Palm Springs Hotel & Hospitality Association, Palm Springs Bureau of Tourism, and the Agua Caliente Band of Cahuilla Indians for their review and comment. As of the writing of this report, staff has received comment from the CVTOA requesting that both rooftop and rear window advertising be permitted. ENVIRONMENTAL ASSESSMENT AND NOTIFICATION The City of Palm Springs, in its capacity as the lead agency for this project, under the California Environmental Quality Act (CEQA) evaluated the potential environmental impacts of the project through the preparation of an Initial Study for Case No. 5.1016. The City of Palm Springs has determined that the Zoning Ordinance text amendments pertaining to Section 93.20.10 will not have a significant impact on the environment and a Negative Declaration has been prepared. The Initial Study meets the requirements of the State of California CEQA, the State CEQA Guidelines, and the City of Palm Springs' Guidelines for the implementation of CEQA. A Notice of Intent to adopt a Negative Declaration was published in accordance with State Law with the review period ending on July 14, 2004. As the proposed Zoning Ordinance amendments are citywide, the number of property owners to be noticed exceeds 1,000. Pursuant to California Government Code Section 65091, a 1/8 page advertisement for the proposed amendments was placed in the Desert Sun. In addition, the Negative Declaration was circulated to local agencies and interested parties for their review. As of the writing of this report, staff has not received comment on the Initial Study. 4 Director ofAStrategic Planning City Manager ATTACHMENTS 1. Initial Study 2. General Plan policies regarding Community Design 3. Letter from Middlebrook, Kaiser & Popka dated May 11, 2004 4. Legislative Draft 5. Draft Ordinance NOTICE OF CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS Case No. 5.1016 ZTA To allow the display of taxi signs affixed to taxi cabs and Intent to Adopt a Negative Declaration Applicant: City of Palm Springs 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 21, 2004. The City Council meeting begins at 7:00 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 No. 5.1016 ZTA, a request initiated by the City of Palm Springs to amend the City's Zoning Code, Chapter 93.00, Section 93.20.10 (sign ordinance), to allow the display of taxi signs affixed to taxi cabs in compliance with the proposed Chapter 5.40.321 of the Palm Springs Municipal Code. The City of Palm Springs, in its capacity as the lead agency for this project, under the California Environmental Quality Act (CEQA) evaluated the potential environmental impacts of the project. Pursuant to Section 15063 of CEQA, an Initial Study has been prepared for Cases No. 5.1016. Through the preparation of the Initial Study for Case Nos. 5.1016, the City of Palm Springs has determined that the Zoning Ordinance text amendments pertaining to the sign ordinance could not have a significant impact on the environment. Therefore, a Negative Declaration has been prepared for the subject proposals, which will be reviewed by the Planning Commission at the public hearing. The Initial Study meets the requirements of the State of California CEQA, the State CEQA Guidelines, and the City of Palm Springs' Guidelines for the implementation of CEQA. Members of the public may view this document, Monday to Friday 8 a.m. to 5 p.m., in the Department of Planning and Zoning, City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, and submit written comments at or prior to the City Council hearing. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Jing Yeo, Principal Planner, at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. PATRICIA A. SANDERS City Clerk `1 Fr; No.371I Ill NOTICE OF PLANNING COMMISSION MEETING NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS Case No 5'1016 ZTA To allow the display of tan signs �! affixed to taxi ..be and Intent to Adopt a Negative Declaration Applicant: City of Palm Springs NOTICE IS HEREBY GIVEN [hat the Planning III Commission of the City of Palm Springs, Califor- nia,will hold a public hearing at Its meeting of Ju- ly 14, 2004, The Planning Commission meeting begins at 1:30 p.m. (public hearings begin at 2:00 'i1, pp M.) in the Council Chamber at City Hell, 3200 ll Last Tahquitz Canyon Way, Palm Springs. 7� 7� �Tn7 ♦�+ 1�T The purPse of there he liearing a to consider Case `1l PROOF OF PUBLICATION Tlt No. 5.101fi ZTA, a request I itiead by the City of j,� Palm Springs [o amend the Cdy's Zoning Code, (2015.5.C.C.P) Chapter 9300, Section 93.2010 Isign ordinance), to allow the display of taxi signs affr.;ed to ta<i cabs In compliance wdh Chapter 540.321 of the liIt Palm Springs Municipal Cade. The City of Palm Springs, i, n cache y as the III lead agency for this protect, under the Ctedaliforniathe lid Environmental Quality Act (CEQA) evaluated the 'till Merlin[ environmental u6 of of the protect. 'i, Pursuant to Section led f of CEQA . Initial �i Study has been prepared for Cases No.Study for '�� Through the pr16,th icn of the-Imtfol Study far Case Nos. 5.1016, the C. ,.r o-�^ Ines has STATE OF CALIFORNIA cc test durance County of Riverside he envi- ll -pon has I IJ.y;ne 11 lS slse0 o�Z 5G O—ICN[ }, which �}a areool EdZ thaw '1., which at �.p m.uuale;s sIy}to d Pw Ouse pEr4 ie Jcs ,qg aql elep sunlit aql -UL aC uo iano a the he ,mil sae,A 9 sai dxa boot of 'tnf - the li awe}ale sµll 310N sul} aaolaq Jeadde J., lof Palm opuellp asq]/s/ -law pal4;ua-anoge aye b bon of (awin o lc Ailing ul palsa la;ul susae� 52s doc- as e aq o} snn.ml Ile laya 03H30d0 SI 11 Gu in the 41 s ao ay galgM uogam D1SPL9 my Hall I am a citizen of the United States and a resident of t}ui 'sail sL seaauoeP ntl't3rttl° oaolv��'� �s,and li s15@1 V) 3 idvaci3 7 SO'-Snfl } Plan- h the County aforesaid;I am over the age of eighteen ,0 wail aoJ new 01AH Want "dtl`OVJ �° pue aria; .,I } weal swan s,;ueo years,and not a party to of interested in the late slh1,Litus ILoeP� _Ildde Gulfiueya Jon aft issues aql II 1sl sloop I -a. ue A. 1Jn.o am, - -i raised above-entitled matter.I am the principal cleric of a 'aaweup las.ulenq )ic . alit y}�M uoilllad or In printer of the, DESERT SUN PUBLISHING Ja un seen e pafq se4 n'sn9 °t6 O1ePfan- 1 011401 sheaf o unGaq -e1o0 Ie61ta "Olt ad - g nq l eel ue gsiGa s°}alig oleey.0.'art,_. COMPANY a newspaper of general circulation, t }cu 1 t a to awajy -ufor all ��'�� printed and published in the city of Palm Springs, IoInpIAIpU6Aq Palorm o aoueq. .q; al u ao sl ssaulsn9 s141 J (d*0'O LLZ 4� J�mot- !( Comity of Riverside,and which newspaper has been ImZA5 oEgeoOnNo oN B6LQ e� '!Y� sfiuudS loll k ° A.I.Nn00 adjudged a newspaper of general circulation by the ae,jAppiLld 61 V61. P la eu uuenoi0 esll3 701SH3dAVfl SION Superior Court of the County of Riverside,State of ,dv!59H la sweu and vlNHoao'vtla do .i ZZ6 VO sOul.IdS wlLd J.HPOO ki0447ZL99.IJ bSn nS -1. J? } •.3 California under the date of March 24,1988.Case g 0oL OJOS -- li` Number 191236;that the notice,of which the �AueO aged N E6b E L 9 vooa PT A al-aoM annexed is a printed copy(set in type not smaller was°1 v "=n °Es s 9b��°9L q sa ssaulsnq Wo pIZZG VO II M bi . than non pariel,has been published in each regular uosaad Gulmmn.a era as .n.1a10 099sh d ngg 'lair' and entire issue of said newspaper and not in any 9LLL0-scoot ON aw ae11aH ionicoad hl , p 1N3W31V1S 9NVN JauoLlgad I supplement thereof on the following dates,to wit: S-INISno Sno11110HN ')1H31Q 1Hnoo em well algeliLAL sI, stntal ��— uu.l aagoN ILnadS .lot Cal- half h 9L/9:911Fd },.nL.6 V 09Z1- Lioq 9 Id nda0 _euawlr V H _ees .POO al.gcid ul GriO' .June.,3- l,00g E0 Nn1. 03IId a woad se furl ao ------_____________________________________________________----- opuel.l0 csrf3/s/ uoPliad Aua lo.ao etas _pal- 11 (aLLlq°e 10 Via se .;also 1. ILSBidde s Joe a o sM.ml rue Aa.}uaAll uE . GUI eq yolgM uowew p lwiolf /f r it _______________________________________________________________ to m 'am}se aaieloaP -11}aq}to Ibgg L-90 b l na aogopl IenadS J.1 lean )I.ty All ill the year 2004 qM luual a6al V)}haw -aH s lino. a4} glsa Irig ioc P } - All, not aIec certify(or declare)under penalty of perjury that the )laic alit ui u.gewl.) aid m, aisaaa;ul uoa to n aq}Ile to l eaelaap 1 -aad Lee noA 11 lino _a V, foregoing is true and correct. aolsaa aqi Ag ida)I alit aql '_1E,a r? 1H ul Pao sari anoge 3NIWV)(3eno9eWPo340U Asr- Dated at PlnlavS rigs,California this 20042nd ---day I�szdsI s,,.usngP GCI IL1 60111).1 ap pl�aaql q So°egl @pt om 917 asa0 '�leuauu enoi9) �n� }y4ils^o}inool e41 l� I H a o aouanss i d 1 Du,lio cola / e ui.dde an@gl of 4 Ol Slgllatnl'¢ a!M°Ihl ail Q Pau.P Adac e new PUL lane OP !!� ,eqe u,eq seqd oa 3366 ail 4UM Lela moA p )I.a.0 w1etl9 Seen alll Ienul n.A p c' illoN 13694 a egl to Jorpaa° li aM ell.ml `8 pisw.laN -uafiulluoo a Jo H01 Ili Il (e)aweu ssaulsnq } ,oitllna 5ulM.1101 aql _103,FIauaoilEHJnoR A J° 1 A j'LZ£odf%ooZl'ON 31 uosaad m aq tew ague a,= 3WtlN SSANISnn _JO.dda an./, 'fiul is ay s, n ^nC1111-1d art aao aq lap so 0 41 -d ,y',0 3SR A gi su oilcalq. u.m. }e IEVo".NM1IOONtlntl ap} Jo su.paafgo .moA JO 1N3W71tl13 aisle pue fiuueay ld9o"oN al .,eadde pinogs noA ° 6uaue,6 b�L/L'OE• uol!lad ail 1 V In a 'La led '07 :F9 on, o1103rfl0 OOoiP°I IO.Al 40ZLG VO 4 ° A H 11.10 „l.0 :J p ll.l AMH illll 'ncrlp l ASdt/rJ_ - - VIP CAL 1z, TRIBAL PLANNING, BUILDING tT ENGINEERING 2 sae �CAHU\��P\ July 6, 2004 Doug Evans, Director of Strategic Planning 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Re: Draft Taxicab Sign Ordinance Dear Mr. Evans, Thank you for submitting the "Draft Taxicab Sign Ordinance" for our review and comment. The Tribal Council reviewed the draft ordinance at their meeting of July 6, 2004. At this time the Tribal Council and our department will not be providing comments on the draft ordinance. V trul�yyours, Th mas J. Davis, AICP Chi f Planning Officer AGUA CALIENTE BAND OF CAHUILLA INDIANS TJD/MA/ss C: Tribal Council Miargaret Park, Director of Planning L U. PAPrivate\Ltr-TJD\7-6-04 Doug Evans Ltr.dock. '>• 650 C. TAHQUITZ CANYON WAY • PALM SPPIHGS, CA 92262 (760) 3253400 m FAA (760) 325-0593 CITY OF PALM SPRINGS DEPARTMENT OF PLANNING AND ZONING INITIAL STUDY 1. Case No: 5.1016 ZTA Project title: Zoning Text Amendment, Chapter 93.00, Section 93.20.10, Signs—General Provisions 2. Lead agency name and address: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 3. Contact person and phone number: Douglas R. Evans,Director of Planning and Zoning Tel: (760) 323-8245 4. Project location: City-wide 5. Project sponsor's name and address: City of Palm Springs 3200 E. Tahquitz Canyon Way Patin Springs, CA 92262 6. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The zoning text amendment for Section 93.20.10 is intended to allow taxi signs affixed to taxi cabs in compliance with Chapter 5.40.321 of the Palm Springs Municipal Code, which regulates the size and type of taxi signs.Advertising materials affixed to vehicles are currently prohibited in the Palm Springs Zoning Ordinance. Approval of the proposed zoning text amendment would allow taxi cabs to have advertising material affixed to signs on taxi cabs only. 6. Present Land Use: N/A 7. General Plan designation: N/A 8. Zoning: N/A Proposed General Plan designation: N/A Proposed Zoning: N/A 9. Is the proposed action a "project" as defined by CEQA? (See Section 2.6 of State CEQA Guidelines. If more than one project is present in Yes © No ❑ the same area, cumulative impact should be considered) 10. If"yes"above, does the project fall into any of the Emergency Projects Yes ® No 0 listed in Section 15269 of the State CEQA Guidelines? 11. If"no" on 10., does the project fall under any of the Ministerial Acts Yes ❑ No listed in Section 15268(b) of the State CEQA Guidelines? City of Palm Springs Initial Study t 7uue 21,2004 12. If "no" on 11., does the project fall under any of the Statutory Yes ❑ No [E Exemptions listed in Article 18 of the State CEQA Guidelines? 13. If "no" on 12, does the project qualify for one of the Categorical Exemptions listed in Article 19 of the State CEQA Guidelines?(Where there is a reasonable probability that the activity will have a significant Yes ❑ No IK effect due to special circumstances, a categorical exemption does not apply). 14. Surrounding land uses and setting(briefly describe the project's surroundings): North:N/A South: N/A East:N/A West: N/A 15. Surrounding General Plan and Zoning: North: N/A South: N/A East: N/A West: N/A 16. Is the proposed project consistent with(if answered"yes"or"n/a", no explanation is required): City of Palm Springs General Plan Yes © No ❑ N/A❑ Applicable Specific Plan Yes ❑ No ❑ N/A 19 City of Palm Springs Zoning Ordinance Yes Z No ❑ N/A ❑ South Coast Air Quality Management Plan Yes l7 No ❑ N/A ❑ Airport Part 150 Noise Study Yes ❑ No ❑ N/A ❑x Draft Section 14 Master Development Plan Yes ❑ No ❑ N/A 9 az City of Palm Springs Initial Study 2 June 2l,2004 4 4 17, Are any of the following studies required? Soils Report Yes ❑ No d Slope Study Yes ❑ No 17 Geotechnical Report Yes ❑ No d Traffic Study Yes ❑ No 9 Air Quality Study Yes ❑ No O Hydrology Yes ❑ No 17 Sewer Study Yes ❑ No ❑X Biological Study Yes ❑ No ❑x Noise Study Yes ❑ No 0 Hazardous Materials Study Yes ❑ No O Housing Analysis Yes ❑ No Archaeological Report Yes ❑ No 0 Groundwater Analysis Yes ❑ No 0 Water Quality Report Yes ❑ No O Other Yes ❑ No 18. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None. 19. Incorporated herein by reference are: City of Palm Springs Final Environmental hnpact Report on the General Plan Update. 1993. Cily of Palm Springs Initial Study 3 i p'i June 21,2004 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact"as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards &Hazardous ❑ Hydrology/Water ❑ Land Use/Pluming Materials Quality ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities / Service Systems ❑ Mandatory Findings of Significance EVALUATION OF ENVIRONMENTAL IMPACTS Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Lnpaet Impact 1.AESTHETICS--Would the project: r a) Have a substantial adverse effect on a scenic ❑ ❑ ❑ 19 vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ ❑ outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑X ❑ surroundings? d) Create a new source of substantial light or glare which would adversely affect day or ❑ ❑ ❑ nighttime views in the area? l.a, b, d) NO IMPACT. The proposed zoning text amendments to the sign ordinance are to allow advertising material on signs affixed to taxi cabs and will not have an adverse effect on a scenic vista or substantially damage scenic resources. l.c) LESS THAN SIGNIFICANT IMPACT. The proposed zoning text amendments will not degrade the visual character or quality of the site or its surroundings. Taxi signs may only be affixed to the roof or, potentially, the rear window of taxi cabs and in compliance with regulations as stated in the Palm Springs MUD cipal Code. Any proposed taxi signs will not require permits however, enforcement of taxi sign regulations will be carried out by code enforcement officers. City of Palm Spings Initial Study 4 P �� June 21,2004 f Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept, of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland,Unique Farmland, or Farmland of Statewide Importance(Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ 0 Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ ❑x use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or ❑ El ❑ 0 nature, could result in conversion of Farmland,to non-agricultural use? 2.a-c) NO IMPACT. The zoning text amendments will have no direct or indirect impact upon agricultural resources, faun land or any similar activities. 3. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.Would the project: a) Conflict with or obstruct implementation of the ❑ ❑ ❑ 0 applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air ❑ ❑ ❑ quality violation? c) Result in a cummlatively considerable net increase of any criteria pollutant for which the project region is non-attaiunerrt under an applicable federal or state ambient air quality ❑ ❑ ❑ standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ❑ ❑ ❑ 191 pollutant concentrations? City of Palm Springs Initial Study 5 r,, �==�q` �;�`� ,�/ . June 21,2004 6 6 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Create objectionable odors affecting a ❑ ❑ ❑ ❑x substantial number of people? 3.a-e) NO IMPACT. The applicable air quality plan for the project area is the 2003 Air Quality Management Plan (2003 AQMP). CEQA requires that projects be consistent with the applicable AQMP. Any proposed development resulting from the zoning text amendments will conform to the SCAQMD 2003 AQMP. The SCAQMD CEQA Air Quality Handbook indicates in Chapter 6 that the SCAQMD considers a project to be less than significant if its impact is mitigated below the identified thresholds. Additionally,the project site is located in the Coachella Valley, which is under the recently adopted 2002 Coachella Valley PMIs State Implementation Plan. The CVPM1sSIP requires the development and implementation of a dust control plan for all grading activities in the Coachella Valley requiring a grading permit. The zoning text amendments are to allow taxi signs affixed to taxi cabs. The amendment could not result in any significant air quality impacts and therefore would not contribute to a cumulatively considerable net increase of any criteria pollutants or ozone precursors, substantial pollutant concentrations and/or objectionable odors. 4. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or though habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, ❑ ❑ ❑ ❑X policies, or regulations, or by the Califonria Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural cormnunity identified in local or regional plans, ❑ ❑ ❑ ❑x policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited ❑ ❑ ❑ ❑x to, marsh, veinal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ ❑k migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ z preservation policy or ordinance? City of Pahm Springs Initial Study 6 Swic 21,2004 a. Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I) Conflict with the provisions of an adopted I3abitat Conservation Plan, Natural Community ❑ ❑ ❑ Conservation Plain, or other approved local, regional,or state habitat conservation plan? 4.a-f) NO IMPACT. The proposed zoning text amendment is to allow taxi signs on taxi cabs. Therefore, the proposed zoning text amendments will have no impact on biological resources. 5. CULTURAL RESOURCES -- Would the proj ect: a) Cause a substantial adverse change in the significance of a historical resource as defined in ❑ ❑ ❑ 9 §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ❑ ❑ 9 pursuant to §15064.5? c) D rcotly or indirectly destroy a unique paleontological resource or site or unique ❑ ❑ ❑ N geologic feature? d) Disturb any human remains, including those ❑ ❑ t] interred outside of formal cemeteries? 5.a-d) NO IMPACT. The proposed zoning text amendment is to allow taxi signs on taxi cabs and will not impact historic or cultural resources. Therefore, the proposed zoning text amendments will have no impact on historic, archaeological, or paleontological resources and will not disturb human remains. 6.GEOLOGY AND SOILS--Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss,injnuy, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ❑ ❑ ❑ Z substantial evidence of a Imown fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shalcnng? ❑ ❑ ❑ Z iii) Seismic-related ground failure, including 11 ❑ liquefaction? iv) Landslides? ❑ ❑ ❑ L] b) Result in substantial soil erosion or the loss of ❑ ❑ ❑ 9 topsoil? City of Palm Springs Initial Study 7 t �f June21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, mid potentially result in on- ❑ ❑ ❑ ❑x or off-site landslide, lateral spreading, subsidence,liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code ❑ ❑ ❑ (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water ❑ ❑ ❑ disposal systems where sewers me not available for the disposal of waste water? 6.a-e)NO IMPACT. The proposed zoning text amendments will have no impact on geology and soils. 7. HAZARDS AND HAZARDOUS MATERIALS—Would the project: a) Create a significant hazard to the public or the environment through the routine transport,use, or ❑ ❑ ❑ 191 disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ 0 release of hazardous materials into the environment? c)Ernit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or ❑ ❑ ❑ waste within one-quarter mile of an existing or proposed school? d)Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a ❑ ❑ ❑ result, would it create a significant hazard to the public or the environment? e)For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use ❑ ❑ ❑ airport, would the project result in a safety hazard for people residing or working in [lie project area? City of Palm Springs Initial Study 8 June 21,2004 r 111 a Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) For a project within the vicinity of a private airstrip, would the project result in a safety ❑ ❑ ❑ hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response ❑ ❑ ❑ (a plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ ❑x urbanized areas or where residences are intermixed with wildlands? 7.a-h) NO IMPACT. The zoning text amendments will not create a significant hazard to the public or create hazardous emissions. 8. HYDROLOGY AND WATER QUALITY — Would the project: a) Violate any water quality standards or waste ❑ ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater El ❑ ❑ table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a ❑ ❑ ❑ ❑x mariner which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or ❑ ❑ ❑ d substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned ❑ ❑ ❑ stomnwater drainage systems or provide substantial additional sources of polluted runoff? 1) Otherwise substantially degrade water quality? ❑ ❑ ❑ Cry of Pahn Springs Initial Study 9 .--� d�; June 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact g) Place housing w thin a 100-year flood hazard area as mapped on a federal Flood Hazard ❑ ❑ ❑ C] Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood ❑ ❑ ❑ Z flows? i)Expose people or structures to a significant risk of loss, injury or death involving flooding, ❑ ❑ ❑ ❑x including flooding as a result of the failure of a levee or dam? j)Inundation by seiche,tsunami,or mudflow? ❑ ❑ ❑ 8.aj) NO IMPACT. The proposed zoning text amendments will have no impact on hydrology and water quality. 9. LAND USE AND PLANNING - Would the project: a)Physically divide an established community? ❑ ❑ ❑ ❑x b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local ❑ ❑ ❑ 191 coastal program, or zoning ordinance) adopted for the purpose of avoidnig or mitigating an environmental effbct? c) Conflict with any applicable habitat conservation plan or natural community ❑ ❑ ❑ [] conservation plan? 9.a-c) NO RvIPACT. The proposed zoning text amendments would not physically divide an established community, conflict with any applicable land use plan, or conflict with any applicable habitat conservation plan. Currently, the zoning ordinance considers advertising materials on vehicles a public nuisance. The amendments are to only allow taxi signs affixed to taxi cabs in compliance with regulations governnig size and type of signs in the Palm Springs Municipal Code. Although no permits will be issued for such taxi signs, enforcement of the size and type of signs will be carried out by code enforcement officers. 10. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the ❑ ❑ ❑ ❑X region and the residents of the state? City of Palm Springs Initial Study 10 "7 f" � f Jmse 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Result in the loss of availability of a locally- important mineral resource recovery site ❑ ❑ ❑ delineated on a local general plan, specific plan or other land use plan? 10.a,b)NO IMPACT. The proposed zoning text amendments will have no impact on mineral resources. 11.NOISE—Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the ❑ ❑ ❑ ❑x local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne ❑ ❑ ❑ ❑X noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ ❑ Z existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ ❑ 9 levels existing without the project? e)For a project located within an aalSort land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use ❑ ❑ ❑ 19 airport, would the project expose people residing or working in the project area to excessive noise levels? 0 For a project within the vicinity of a private airstrip, would the project expose people residing ❑ ❑ ❑ 19 or working in the project area to excessive noise levels? I La-f) NO IMPACT. The proposed zoning text amendments would not expose persons to excessive noise levels or generate groundborne vibration. The proposed zoning text amendments to allow taxi signs affixed to taxi cabs could not produce a new source of noise. 12. POPULATION AND HOUSING -- Would the proj ect: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for ❑ ❑ ❑ 19 example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ ❑K replacement housing elsewhere? City of Palm Springs Initial Study 11 r., June 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ 0 housing elsewhere? 12.a-c)NO IMPACT. The proposed zoning text amendments are not growth inducing, will not displace housing, and will not displace people. Therefore, the proposed amendments will have no impact on population and housing. 13.PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ 0 Police protection? ❑ ❑ ❑ 0 Schools? ❑ ❑ ❑ 0 Parks? ❑ ❑ ❑ 17 Other public facilities? ❑ ❑ ❑ 0 13.a) NO IMPACT. The proposed zoning text amendments will have no impact on public services or facilities. 14.RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ❑ ❑ ❑ 0 physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of ❑ ❑ ❑ 0 recreational facilities which might have an adverse physical effect on the environment? 14.a, b)NO IMPACT. The proposed zoning text amendments will have no impact on recreation,parks, or other such facilities. City of Palm Springs Initial Sandy 12 /r ,, �' .lone 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 15. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a ❑ ❑ ❑ ❑x substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the ❑ ❑ ❑ El county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a ❑ ❑ ❑ 191 change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ ❑ ❑ intersections) or incompatible uses (e.g., farm equipment)? e)Result in inadequate emergency access? ❑ ❑ ❑ (] I)Result in inadequate parking capacity? ❑ ❑ ❑ ❑x g) Conflict with adopted policies, plans, or programs supporting alternative transportation ❑ ❑ ❑ ❑x (e.g.,bus turnouts,bicycle racks)? 15.a-g) NO IMPACT. The proposed zoning text amendments will have no impact on transportation or traffic. 16. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control ❑ ❑ ❑ z Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction ❑ ❑ ❑ 0 of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of ❑ ❑ ❑ 0 existing facilities, the construction of which could cause significant enviomnenud effects? City of Palm Springs Initial Study 13 June 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Have sufficient water supplies available to serve the project from existing entitlements and ❑ ❑ ❑ (] resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the ❑ ❑ ❑ ❑X project's projected demand in addition to the provider's existhig cormnitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's ❑ ❑ ❑ ❑x solid waste disposal needs? i g) Comply with federal, state, and local statutes ❑ ❑ ❑ ❑x and regulations related to solid waste? 16.a-g) NO IMPACT. The proposed zoning text amendments will have no impact on utilities and service systems. IT MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a ❑ ❑ ❑ L] plant or animal community,reduce the munber or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are ❑ ❑ ❑ ❑x considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on ❑ ❑ ❑ x❑ human beings, either directly or indirectly? 17.a-c) NO IMPACT. Based on the preceding analysis, the proposed zoning text amendments do not have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a Fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or City of Palm Springs Initial Study 14 Tune 21,2004 71 Less Than Potentially Significant with Less Than Significant Mitigation Significant No impact Incorporated Impact Impact prehistory. As discussed in the respective issue areas, the proposed amendments would have either no impact or less than significant impact as to all environmental resources. City of Patin Springs Initial Study 15 June 21,2004 f it" �t.� 18. LISTED BELOW ARE THE PERSON(S)WHO PREPARED OR PARTICIPATED IN TIE PREPARATION OF THE INITIAL STUDY: Douglas R. Evans,Director of Planning and Zoning Ping Yeo,Principal Planner DETERMINATION On the basis of this initial evaluation: © I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared, I fund that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a"potentially significant impact" or"potentially significant unless mitigated" impact on the enviromnent, but at least one effect 1) has been n adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Douglas R vans Data Director of Plaiming and Zoning 4' �;�City of Palm Springs Initial Study 16 � ^ �'''�";� June 21,2004 COMMUNITY DESIGN/ RELATIONSHIP TO PHYSICAL SETTING The City of Palm Springs is a City with unique characteristics , internationally known for its spectacular topography, the respect for natural features in man-made structures, and ideal climate conditions . These characteristics have caused a significant number of visitors to come to Palm Springs with many visitors eventually becoming permanent residents, participating in both active and retired community life. Urban design in Palm Springs takes into account that the resident and/or visitor is exposed to the entire urban environment . The ease with which visitors and residents understand the spatial organization and discover the important features of Palm Springs is essential for the psychological well-being of residents and visitors alike. The enhancement of the legibility and the comprehensibility of urban form is affected by the general pattern of circulation, visibility of major destinations, the character and visual appearance of buildings, consistency and distinctiveness of streets and character of landscaping. It is equally important not to homogenize the visual image created by development, leaving it either as an eclectic collection of styles, or as a boring repetition of elevations, roof lines and materials . At the City level , urban design is the development of an overall City form which: - creates logical and efficient patterns of land use activities; - provides appropriate levels of access to varying types and intensities of land uses; - preserves and enhances natural features such as the surrounding hillsides; - responds to the realities of economic relationships as defined in the marketplace and the needs of public institutions as defined by the public sector. Palm Springs has been active in urban design activities from its inception. The City Council created an Architectural Advisory Committee in 1967, whose duties were to determine whethez n proposed development will provide a desirable environment for i.Ls occupants as well as being compatible with the character of adjacent and surrounding developments , and whether aesthetically it. is of good composition, materials, textures, and colors . Although the City has accomplished much in this area the opportunity exists for strengthening and refining the process that leads to a quality built environment . All of these factors constitute an important economic base for the City, both for those who earn their living here and for those who view the City for the first time . To protect the economic welfare of the community, it is the policy of the City Council of the City 3/3/93 II - 35 of Palm springs to reaffirm its determination to protect, maintain, and enhance the social and economic values created by past and present investments in the community by requiring all future development to respect these traditions and require that all buildings and structures placed on the land respect the natural setting, and become a compatible part of the total community environment, both in the local neighborhood and in the City as a whole. It further finds desirable the provisions of such policies for the protection and enhancement of land and property values, for the promotion of health, safety and general welfare in the community. Evaluation Criteria The objective of urban design is to encourage maximum freedom, creativity and innovation in the architecture, landscape design and graphics of each individual project within the framework of constraints set forth by the General Plan, and as modified and/or refined by decisions of the design review process including professional design advice, the Planning Commission and the City Council . General criteria are used to evaluate the relation of new or renovated buildings within the context of existing development . The scenic, architectural, landscape architectural resources, and established character of an area provide basic design parameters for proposed development. Planning and design criteria assist in determining a project' s compatibility with the area. These standards include: - General Response to Desert Climatic Conditions - Building Height - Setbacks - Proportions or Massing - Pattern and Rhythm of Existing and Proposed Structures Roof Types Surface Color and Texture Building Projections Architectural Style and Details and Landscape Architecture Treatment (including hardscapes) Response to Historical Design Elements In general terms, the height and mass of new structures should be similar to and complement the other buildings in the vicinity, with the goal of preserving and enhancing the viewshed. Setbacks should be compatible with surrounding buildings and scenic resources, providing building presence without allowing development to dominate other buildings, the streetscape, or natural scenic viewshed. Landmark towers are an important exception and allow an orienting feature in the landscape. These should be encouraged based on community needs . The proportions of proposed structures shall have a similar effect in establishing the relationship of new development to surrounding 3/3/93 lr, /, II - 36 development and the natural scenic viewshed. Height and width and general presentation of building elevations should not be dramatically out of character or scale with existing neighborhood development . Pattern, rhythm, and elements of natural and man-made scenes, can range from harmonious to dissident in relationship. The recurrent alterations of peaks and slopes of the hills and mountains can be emulated and complemented in the design of building roof lines, and in the space and solids of buildings . The development of pattern and rhythm establishes a theme when viewed in the context of surrounding development . At close quarters, pedestrians should be provided a varied integration of structure and landscaping to soften and tie the structural element to the natural one. The rhythmic patterns in new buildings and landscape architectural treatment should complement and integrate with the established structures and surrounding natural environment. Objectives 5.1 In Maintenance of Palm Springs as a unique visual oasis -as everyone's favorite get-away-from-it-all resort. 5.1Ib Development which is complementary to the City's environment and is set in harmony with that of surrounding developments. S.I I c Quality civic improvement and environmental development consistent with the City's stature as the center of resort activity in Southern California. 5.1 Id Recognition of the interdependence of land values and aesthetics. 5.Ile Assurance that the public benefits derived from expenditures of public funds for improvement and beautification of streets and other public structures and spaces shall be protected by the exercise of reasonable controls over the character and design of private buildings and open spaces. Policies 5.1 I.I. Encourage the use of landscaped spaces, public art, fountains and other aesthetic features which emphasize open space in commercial areas. Encourage the use of open spaces and recreational facilities in places of employment for the enjoyment and psychological relief of the employees. 5.11.2. Encourage density transfers, public and private land transfers, and any other progressive negotiation techniques which might help secure needed open space. 5. 1 1.3 No property shall be graded, or otherwise altered from its natural conditions, until such time a development project is approved by the Planning Commission and the appropriate grading/building permit is issued. 5.11.4. All local electrical, telephone and other utility lines shall be located underground. If the soil conditions do not permit the installation of underground utilities,then they shall be located in utility walls or development shall be diverted to other areas where these standards can be satisfied. The City shall encourage public 3%3193 ' ,,,� ,� rLA SI - 37 utilities to locate, or relocate, major utility corridors so as not to disturb significant scenic vistas. Electrical transmission lines of 35 KV or greater shall be undergrounded as technology permits. 5.11.5. Windfarms, where technically feasible, shall consist of equipment that is of a uniform type, size, color and placement. Setbacks for WECS shall be determined on a case-by-case basis except for setbacks from scenic corridors. Objective 5,12. New development designed to reflect the natural topography of the city. policies 5.12.1. New development should be so designed that all buildings fit into the natural landscape with a minimum of on-site grading. 5.12.2. The design of structures should take advantage of the natural terrain, rock outcroppings, native landscape materials and other land forms and features. Building color should be harmonious with the landscape. 5.12 1. All development proposals will be evaluated to determine the potential for the preservation and cnhancemenl of designated open space areas. Obieclive 5. 1 3. A high level of architectural and site design quality. policies 5.13. I. New structures should be designed in architectural styles which reflect the City's diversity uid creativity, yet are compatible in scale and character with the City's existing buildings and natural surroundings within residential neighborhoods and commercial and industrial districts. 5 1 1 2 Design professionals shall be included in the City's planning process to encourage a high level of perlunnancc in new construction and renovations. 5 1 t I I,ncuurage visual diversity, differentiation, stimulation and interest in the design of various components of the city, Signage Signs are one area of design concern and are only one component of an overall streetscape which also includes lights, trees, and benches among other street furniture, Signs are important in the sense that they establish a special character, a sense of identity 3/3/93 r� II - 38 J and order to a community. A well-designed sign system can serve as a vehicle to assure design continuity within the City. Objective 5.14. A consistent and well-designed program of public informational signage. Policies 5.14.1. Establish a consistent design vocabulary, on a citywide or district level, for all public signage, including fixture type, lettering, colors, symbols and logos. 5.14.2. Provide signage which is adequately spaced and clearly visible during the day and night to control vehicular traffic, bicycles and pedestrians. 5,14.3. Replace existing public signage with new fixtures which consolidate, as feasible, the diversity of signage information (parking, locational, traffic control, etc.). 5.14.4. Provide for distinctive signage which identifies principal entries to the City, unique districts,neighborhoods and locations, and public buildings and parks. 5.14.5. Provide for the use of well-designed and -placed banners for City events, holidays and other special occasions. 5.14.6. Ensure that public signage complements and does not detract from adjacent commercial and residential uses. Ohlectiye 5.15. Visually attractive commercial signage which provides a high-quality image for the City. Policies 5.15.I. Signs on commercial structures shall be compatible and integrated with the background architectural design. 5.15.2. Encourage the use of creative and well-designed signs which establish a distinctive image for the City. 5.15.3. Olf site signs shall be prohibited in all areas of the City, except in conjunction with public transit facilities. 5.15.4. Roof signs and Flashing and animated signs shall be prohibited. 5.15.5. Signs should be designed to be visible to pedestrians, as appropriate. 3/3/93 �� •! "��"1'� ' II - 39 / 1 K&P P5 pj FnX N0. :7603228979 May, 11 2004 10:08AM P2 LAW OFFI0E6 OF MIDDLEBROOK, RAISER & POPKA $01 EASTTAHaUITZ CANYON WAY,Ste,107 Ono O.MIM)LGpROQI< PALM 4pRINQS.CAI.IPORHIA 92RE2 SANER�ANOMO OFFICE MICHAFL rY.KMSG nun N.AflHo HF U AVE. sTF,eon OENNIS GI, PORA Telephone: pp00322-4SOB SAN NFHNAFlOINO, hA BE 402 IEPr•M Y00S FpexlpiIle:ff(W wp.-A67B RFNNIS F.STOUT ezil.nwneannWmBp4a..V.m AREN H.1,00GOEACI1 lelepuune. (noB noo-a7ea NANNOY MPNZIES VACSBP.N Feoo mlle; (BOB OBd70a0 V)p A-MAURIIAS 9HANNON N sl1RFR May 11, 2004 Visa.Ftt.c5ial l_e f949) 22I�11�0 & f7G0) 3�3-8207 David Alesh.ire, Esq. Alesbire&Wynder., LLP 1.8881 Von Karinall .Avenntc, Suite 400 Irvine, Ca 92612 Dear Mr. A.lesliire: Upon further review of tlne legislative draft of the proposed amendaTaelit. to the Palau Spri+tgs Mntrnicipal Cade relating, to Lv i cab signs, l noticed that paragraph.2 provides tl.aat the "advertising matter shall be displayed only by one (1) of the following methods:". The program that haN been set nap by the Coachella Valley Taxi Owners Association calls for the display of advcrtisornent on BOTH tho rear window and the roof. 'Advertisenlen T in boon anatmers is desired by the advertisers because it makes the ctdvertLgement visible from all three directions. These does not appear to be any detriplerit cawged by permitting advertiseilleut on both the rear window and the root and we would ask that you reconsider tll.is seotion of the legislative draft and amend it so that it peaanits advertising both on the.roof and the rear window of any single cab, Yours very truly, MIDDLEBROOK, KAISER & POPKA ICIIAEL R, KAISER MRK&-t cc: Sel-gio ,Santo Colcheli a Valley Taxi Owners Association Chapter 5.40.321 —Permitted Signs-Taxicabs Legislative Draft—Page 1 CIIAPTER 5.40 PASSENGER CARRIERS 6/25/04 LEGISLATIVE DRAFTO 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 lire 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. If an emergency display light (bandit light) is installed on the ad carrier, it 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. viL The ad carriers' base mount shall be attached by bolts or rivets securing the ad carrier, preventing the ad carrier from becoming dislodged. Chapter 5.40.321 —Permitted Signs-Taxicabs Legislative Draft—Page 2 viii. Ad carriers may use either a fluorescent light or incandescent 1t&'��"- 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. Stan";d-ini eff&cenliac4-fey'ciire d. A standard eantrra„t shall be asdda by t e d"Stl-y to betis a. E eh eeinraet shall be i±ufflbered �%xacn-�vni.:s-acre ei �ii�cv �Cimxc. b. Piis cona$et-••1.•••lsnull nave a spaE2-piv�idca -a City FraRehise Fee (if adept,. e- 1 All�v E Tc- �izicr S� IC�¢n v a v cvnc-[ai. �-mxc.y z-crntoti�nir�33vEia ivrrry r'n3iiiti-tiiCtivfnzuct3$�31-aEEOr�maBE�v iiiz"i-ctrrc-i%`y`v'raum«an��z�sa'rl"lcrciia� t�l'�-ncn p3rc�r�'x«rx�rtr�irn,h'y' aiann2r�6-t11E-C-kty. d.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 owner's 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€tve f5ywerleing thirty (30) days of the receipt of the request by the city-nanager Administrative Appeals Board, who should be designated as the hearing officer. 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 heating officer Administrative Appeals Board shall be deemed the final administrative determination. f Y Section 93.20.10—Signs General Provisions Legislative Draft—Page 1 SECTION 93.20.10(C)(4)(F) 6/16/04 LEGISLATIVE DRAFT 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 planing 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 pen-nit 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 planting and building shall be advised that such application may be placed on the planning corn mission 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 put-pose of the sign ordinance. B. Safety. u Al Section 93.20.10—Signs General Provisions Legislative Draft—Page 2 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, fast-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. S. Exceptions. Nothing herein contained shall prevent the erection, construction or maintenance of official traffic, fare 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 I ' � Section 93.20.10—Signs General Provisions Legislative Draft—Page 3 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, nonillurmnated 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 mariner 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, which is deel re:4a-be—er^c m&a � is seeaen, 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 velcles 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; C. Vehicles located on construction sites that are directly involved with ongoing constriction. 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 thu-ough 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. Section 93.20.10—Signs General Provisions Legislative Draft—Page 4 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 linnited 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 transforiner 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; C. 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 I. Signs shall be part of a sign program subject to a planning corarnission architectural approval. (Ord. 1637& 3, 2003; Ord. 1538 (part), 1996; Ord. 1422, 1992; Ord 1418 (pant), 1992; Ord. 1354(part), 1990; Ord. 1294 (part), 1988) ;'ate u PROOF OF PUBLICATION Gail i aCr_ OF (2015.5.C.C.P) CMF V—�q�_y7Yl C:Cj, !p;�G90MC�� �t CeFfY I I I Case No. 5.4016 Z T A To allow the display of taxi signs erfixed to taxi cabs STATE OF CALIFORNIA and Intent to Adopt a Negative Declaration Comity of Riverside Applicant: City of Palm Springs NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California,will hold a public hearing at its meeting of Judy 21, 2004, The City Council meeting I' begins at 7:00 p.m. in the Council Chamber at City Hall, I am a citizen of the United States and a resident of 3200 East TahquitZ Canyon Way, Pahn Springs. the County aforesaid; I am over the age of eighteen The purpose of the hearing is to consider Case No. 5.1016 years,and not a party to or Interested in the ZTA, a request initiated by ilia City of Palm Springs to above-entitied matter.I am the principal cleric of a amend the City's Zoning Code, Chapter 93,00, Section printer of the, DESERT SUN PUBLISHING 93.20.10 (sign ordinance), to allow the display of taxi signs � COMPANY a newspaper of general circulation, affixed to taxi cabs in compliance with ilia proposed printed and published in the city of Palm Springs, Chapter 5A0.321 of the Palm Springs Municipal Code. County of Riverside,and which newspaper has been The City of Palm Springs, in its capacity as ilia lead agency adjudged a newspaper of general circulation by the for this project, under the Cali'ornia Environmental Quality Superior Court of the County of Riverside,State of Act (CEOA) evaluated ilia potential environmental impacts California under the date of March 24,1988.Case of the project Pursuant to Section 15063 of CEQA, an Number 191236; that the notice,of which the Initial Study has been prepared for Cases No. 5.1016. annexed is a printed copy(set in type not smaller Through the preparation of the Initial Study for Case Nos. 5.1016, the City of Palm Springs has determined [hat the I" than non pariel,has been published in each regular Zoning the text amendments pertaining to the sign and entire issue of said newspaper and not in any ordinance could not have a significant impact on the envi- supplement thereof on the following dates,to wit: ronment, Therefore, a Negative Declaration has been pre- pared for the subject proposals, which will be reviewed by July loththe Planning Commission at the public hearing, The Initial ,rlll' ------------------------------------------------------------- Members of iheGuidelines fblic or the llpiie document,tio ofoCEOA. -'----------------------------------------------------------- Stud mats the requirementsre uh�e CEOA Ames oes, a Siafe of Cnd the City alifornia alm !i ay a Friday 8 a.m. to 5 p.m., in the Department of Planning and J, to All in the year 2004 ! . Zoning, Canyon Way, Palm �I 1 certify(m declare)under penalty of perjury that the City Hall, 3200 E. Ta y 1 Spcommentsngs, and submit written comments of or prior fo the City foregoing is true and correct. i Council hearing. Dated at Palm Springs,California this-----20th ----day If any group challenges the action in court, issues raised y only those in g public of------ fuly °�--��-----------------,2004 dance at,described r or to`V notice Cou nucl hearing. gent corerspon- 1i_� - - �� An opportunity will be given at said heealingyor all inteies[- IV t, ad persons�o be heard. Questions regarding this case may I!� Si mature be directed to Jing (en, Principal Planner, at (760) 323- 8245. Si necesila ayuda con esta carla, porfavor Ilame a la Ciudad de Pahn Springs y puede hablar con Nadine Fieger II elefono (760) 323-8245. ,!4j PAT RICIA A. SANDERS City Clerk I I,the undersigned,say: I am and was at all times herein mentioned, a citizen of the United States and employed in the County of Riverside, over the age of eighteen years, and not a parry to the within action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs, California;that on the 22nd day of June 22, 2004, 1 served the within NOTICE OF PUBLIC HEARING for PLANNING COMMISSION CASE NO.5.1016 ZTA to consider a request initiated by the City of Palm Springs to amend the City's Zoning code, Chapter 93.00, Section 93.20.10 (Sign Ordinance), to allow the display of taxi signs to on taxi-cabs in compliance with Chapter 5.40.321 of the Palm Springs Municipal Code. This Notice was served on persons contained in Exhibit "A" attached hereto in said action or proceeding by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in a mailbox, sub-post office, substation or mail chute, or other like facility, regularly maintained by the Government of the United States in the City of Palm Springs, California, addressed to the list of persons or firms dated June 21, 2004, certified by the City's Principal Planner, and attached hereto as Exhibit"A". I hereby declare under penalty of perjury that the foregoing is true and correct. AlLoretta -e- woffett Dated at Palm Springs, California, this 22nd day of June, 2004 NOTICE OF PLANNING COMMISSION MEETING NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS Case No. 5.1016 ZTA To allow the display of taxi signs affixed to taxi cabs and Intent to Adopt a Negative Declaration Applicant: City of Palm Springs NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California, will hold a public hearing at its meeting of July 14, 2004. The Planning Commission meeting begins at 1:30 p.m. (public hearings begin at 2:00 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 No. 5.1016 ZTA, a request initiated by the City of Palm Springs to amend the City's Zoning Code, Chapter 93.00, Section 93.20.10 (sign ordinance), to allow the display of taxi signs affixed to taxi cabs in compliance with Chapter 5.40.321 of the Palm Springs Municipal Code. The City of Palm Springs, in its capacity as the lead agency for this project, under the California Environmental Quality Act (CEQA) evaluated the potential environmental impacts of the project. Pursuant to Section 15063 of CEQA, an Initial Study has been prepared for Cases No. 5.1016. Through the preparation of the Initial Study for Case Nos. 5.1016, the City of Palm Springs has determined that the Zoning Ordinance text amendments pertaining to the sign ordinance could not have a significant impact on the environment. Therefore, a Negative Declaration has been prepared for the subject proposals, which will be reviewed by the Planning Commission at the public hearing. The Initial Study meets the requirements of the State of California CEQA, the State CEQA Guidelines, and the City of Palm Springs' Guidelines for the implementation of CEQA. Members of the public may view this document, Monday to Friday 8 a.m. to 5 p.m., in the Department of Planning and Zoning, City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, and submit written comments at or prior to the Planning Commission hearing. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Jing Yeo, Principal Planner, at (760) 323-8245. PLANNING COMMISSION DOUGLAS R. EVANS Director of Planning and Zoning O�I. Sod 'N City of Palm Springs * Department of Planning and Zoning " ry`�RPoanleo ,A 3200 E.Tahquitz Canyon Way • Palm Springs, California 92262 �P Tel: (760)323-8245 • Fax: (760)3:22-8360 • Web: wwwxi.palm-springs.ca.us q�/PORN MEMORANDUM From: Director of Planning and Zoning To: Distribution Subject: Notice of Availability of an Initial Study/Environmental Assessment that evaluates Case 5.1016 ZTA, a request initiated by the City of Palm Springs to amend the City's Zoning Code, Chapter 93.00, Section 93.20.10 (sign ordiriance), to allow the display of taxi signs affixed to taxi cabs. The City of Palm Springs has prepared an Initial Study/Environmental Assessment (IS/EA), which evaluates Case 5.1016, a request initiated by the City of Palm Springs to amend the City's Zoning Code, Chapter 92.00, Section 92.23.00 ("Signs — General Provisions"), to allow taxi signs affixed to taxi cabs, in compliance with Chapter 5.40.321 of the Palm Springs Municipal Code. The City has authorized the release of the IS/EA for public review and comment for the project summarized above. A copy of the IS/EA and related processing materials can be reviewed or obtained from City at the address above. The period of review and comment will be from June 24, 2004 to July 14, 2004. Written comments on the IS/EA should be submitted to Jing Yeo, Principal Planner, City of Palm Springs, at the above address no later than July 14, 2004. The Planning Commission will review the proposed project at its meeting on July 14, 2004. At that meeting the Planning Commission may recommend that the City Council adopt a negative declaration at a later date. Please contact Jing Yeo, Principal Planner at (760) 323-8245, if you have any questions regarding the City's review process for considering the IS/EA. Post Office Box 2743 • Palm Springs, California 92263-2743 SUBJECT: NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION PROJECT TITLE: Case 5.1016 ZTA — Zoning Text Amendment to allow taxi signs affixed to taxi cabs, citywide. In accordance with the California Environmental Quality Act (CEQA), the City of Palm Springs, California, is the Lead Agency and has prepared a Negative Declaration for the project identified above. The purpose of this Notice of Intent (NCI) is to solicit comments on the environmental analysis contained in the Negative Declaration. The Negative Declaration has been prepared for Case 5.1016 ZTA, a request initiated by the City of Palm Springs to amend the City's Zoning Code, Chapter 93.00, Section 93.20.10 (sign ordinance), to allow the display of taxi signs affixed to taxi cabs. This Notice is not a City of Palm Springs application or form requiring response from you. Its purpose is to simply provide information to you on the above project. If the proposed project has no bearing on you or your organization, no action on your part is necessary. If you wish to receive the Negative Declaration, please call the Department of Planning and Zoning, City of Palm Springs, California, at (760) 323-8245. Comments relative to the environmental analysis should be addressed to ling Yeo, Principal Planner at the address shown above or sent by fax to (760) 322-8360. Comments must be received no later than 5:00 p.m. on July 14, 2004. Please include the name and phone number of the contact person for your organization. Project Applicant: /City of Palm Springs Date: �7/�//D Signature: 11 Dotfglas R. Evans Title: Director of Planning and Zoning Telephone: (760) 323-8245 CITY OF PALM SPRINGS, CALIFORNIA P.O. BOX 2743, PALM SPRINGS, CA 92263-2743 NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION Project Title: Case 5.1016 ZTA — Zoning Text Amendment, Section 93.20.10, Signs — General Provisions. Negative Declaration: This project will not have a significant impact on the environment. Project Location: Citywide Description of Nature, Purpose, and Beneficiaries of Project: A request initiated by the City of Palm Springs to amend the City's Zoning Code, Chapter 93.00, Section 93.20.10 ("Signs — General Provisions', to allow taxi signs affixed to taxi cabs, citywide. Lead Agency: Division: The City of Palm Springs, California Department of Planning and Zoning Draft Negative Declaration and all Supporting Documentation are Available at: City of Palm Springs Or by Calling: Department of Planning and Zoning (760) 323-8245 3200 Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263-2743 The Public Notice of Intent is provided through the following: The Desert Sun N Mailing List Review Period: June 24, 2004 through July 14, 2004 CEQA Contact Person: Phone Number: Jing Yeo (760) 323-8245 CITY OF PALM SPRINGS DEPARTMENT OF PLANNING AND ZONING INITIAL STUDY 1. Case No: 5.1016 ZTA Project title: Zoning Text Amendment, Chapter 93,00, Section 93.20.10, Signs—General Provisions 2. Lead agency name and address: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 3. Contact person and phone number: Douglas R. Evans,Director of Planning and Zoning Tel: (760) 323-8245 4. Project location: City-wide 5. Project sponsor's name and address: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 6. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The zoning text amendment for Section 93.20.10 is intended to allow taxi signs affixed to taxi cabs in compliance with Chapter 5.40.321 of the Palm Springs Mrmicipal Code, which regulates the size and type of taxi signs. Advertising materials affixed to vehicles are currently prohibited in the Palm Springs Zoning Ordinance. Approval of the proposed zoning text amendment would allow taxi cabs to have advertising material affixed to signs on taxi cabs only. 6. Present Land Use:N/A 7. General Plan designation:N/A 8. Zoning: N/A Proposed General Plan designation: N/A Proposed Zoning: N/A 9. Is the proposed action a "project" as defined by CEQA? (See Section 2.6 of State CEQA Guidelines. If more than one project is present in Yes ❑X No ❑ the same area, cumulative impact should be considered) 10, If"yes"above, does the project fall into any of the Emergency Projects Yes ❑ No 0 listed in Section 15269 of the State CEQA Guidelines? 11. If"no" on 10., does the project fall under any of the Ministerial Acts Yes ❑ No Z listed in Section 15268(b) of the State CEQA Guidelines? City of PAP Springs Initial Study I June 21,2004 12. If "no" on 11., does the project fall under any of the Statutory Yes ❑ No ❑X Exemptions listed in Article 18 of the State CEQA Guidelines? 13. If "no" on 12., does the project qualify for one of the Categorical Exemptions listed in Article 19 of the State CEQA Guidelines?(Where there is a reasonable probability that the activity will have a significant Yes ❑ No 0 effect due to special circumstances, a categorical exemption does not apply) 14. Surrounding land uses and setting(briefly describe the project's surroundings): North:N/A South:N/A East: N/A West: N/A 15. Su rormding General Plan and Zoning: North:N/A South: N/A East: N/A West: N/A 16. Is the proposed project consistent with(if answered"yes" or"n/a", no explanation is required): City of Palm Springs General Plan Yes Z No ❑ N/A ❑ Applicable Specific Plan IYes ❑ No ❑ N/A O City of Palm Springs Zoning Ordinance Yes 1xJ No ❑ N/A ❑ South Coast Air Quality Management Plan Yes ® No ❑ N/A❑ Airport Part 150 Noise Study Yes ❑ No ❑ N/A 0 Draft Section 14 Master Development Plan Yes ❑ No ❑ N/A 0 City of Palm Springs Initial Study 2 .Tune 21,2004 17. Are any of the following studies required? Soils Report Yes ❑ No ❑k Slope Study Yes ❑ No 0 Geoteclu ical Report Yes ❑ No O Traffic Study Yes ❑ No 0 Air Quality Study Yes ❑ No 0 Hydrology Yes ❑ No 0 Sewer Study Yes ❑ No 0 Biological Study Yes ❑ No 0 Noise Study Yes ❑ No 0 Hazardous Materials Study Yes ❑ No 0 Housing Analysis Yes ❑ No 0 Archaeological Report Yes ❑ No 0 Groundwater Analysis Yes ❑ No 0 Water Quality Report Yes ❑ No 0 Other Yes ❑ No 0 18. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None. 19. Incorporated herein by reference are: City of Palm Springs Final Environmental Impact Report on the General Plan Update, 1993. City of print Springs&itial Study 3 June 21,2004 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant hnpact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards &Hazardous ❑ Hydrology/Water ❑ Land Use/Planning Materials Quality ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/ Service Systems ❑ Mandatory Findings of Significance EVALUATION OF ENVIRONMENTAL IMPACTS Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 1.AESTHETICS --Would the project: a) Have a substantial adverse effect on a scenic ❑ ❑ ❑ 0 vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ ❑ ❑ Z outcroppings, and historic buildings within a state scenic highway'? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ 9 ❑ surroundings? d) Create a new source of substantial light or glare which would adversely affect day or ❑ ❑ ❑ Z nighttime views in the area? La, b, d) NO IMPACT. The proposed zoning text amendments to the sign ordinance are to allow advertising material on signs affixed to taxi cabs and will not have an adverse effect on a scenic vista or substantially damage scenic resources. Lc) LESS THAN SIGNIFICANT IMPACT. The proposed zoning text amendments will not degrade the visual character or quality of the site or its surroundings. Taxi signs may only be affixed to the roof or, potentially, the rear window of taxi cabs and in compliance with regulations as stated in the Palm Springs Municipal Code. Any proposed taxi signs will not require permits however, enforcement of taxi sign regulations will be carried out by code enforcement officers. City of Palm Springs Initial Study 4 June 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact impact 2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Z Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ 9 use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or ❑ ❑ ❑ ❑x nature, could result in conversion of Farmland, to non-agricultural use? 2.a-c) NO IMPACT. The zoning text amendments will have no direct or indirect impact upon agricultural resources, farm land or any similar activities. 3. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the ❑ ❑ ❑ applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air ❑ ❑ ❑ ❑X quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment trader an applicable federal or state ambient air quality ❑ ❑ ❑ standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ❑ ❑ ❑x pollutant concentrations? City of Palm Springs Initial Study 5 June 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Create objectionable odors affecting a ❑ ❑ ❑ l] substantial number of people? 3.a-e) NO IMPACT. The applicable air quality plan for the project area is the 2003 Air Quality Management Plan (2003 AQMP). CEQA requires that projects be consistent with the applicable AQMP. Any proposed development resulting from the zoning text amendments will conform to the SCAQMD 2003 AQMP. The SCAQMD CEQA Air Quality Fhuidbook indicates in Chapter 6 that the SCAQMD considers a project to be less than significant if its impact is mitigated below the identified thresholds. Additionally, the project site is located in the Coachella Valley, which is under the recently adopted 2002 Coachella Valley PMto State Implementation Plan. The CVPMroSIP requires the development and implementation of a dust control plan for all grading activities in the Coachella Valley requiring a grading permit. The zoning text amendments are to allow taxi signs affixed to taxi cabs. The amendment could not result in any significant air quality impacts and therefore would not contribute to a cumulatively considerable net increase of any criteria pollutants or ozone precursors, substantial pollutant concentrations and/or objectionable odors. 4. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, ❑ ❑ ❑ ❑X policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, ❑ L1 ❑ X policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited ❑ ❑ to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ l] migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ 0 preservation policy or ordinance? City of patio Springs Initial Study 6 June 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ ❑ ❑ Conservation Plan, or other approved local, regional,or state habitat conservation plan? 4.a-f) NO IMPACT. The proposed zoning text amendment is to allow taxi signs on taxi cabs. Therefore, the proposed zoning text,amendments will have no impact on biological resources. 5. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in ❑ ❑ ❑ Z §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ❑ ❑ ❑x pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique ❑ ❑ ❑ ❑X geologic feature? d) Disturb any human remains, including those ❑ ❑ ❑ ❑x interred outside of formal cemeteries? 5.a-d) NO IMPACT. The proposed zoning text amendment is to allow taxi signs on taxi cabs and will not impact historic or cultural resources. Therefore, the proposed zoning text amendments will have no impact on historic, archaeological, or paleontological resources and will not disturb human remains. 6. GEOLOGY AND SOILS--Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss,injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the Stale Geologist for the area or based on other ❑ ❑ ❑ <] substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ ❑x iii) Seismic-related ground failure, including ❑ ❑ ❑ L] liquefaction? iv)Landslides? ❑ ❑ ❑ ❑O b) Result in substantial soil erosion or the loss of ❑ ❑ ❑ L] topsoil? City of Palm Springs Initial Study 7 June 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Be, located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- ❑ ❑ ❑ or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code ❑ ❑ 0 (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water ❑ ❑ ❑ L] disposal systems where sewers are not available for the disposal of waste water? 6.a-e)NO IMPACT. The proposed zoning text amendments will have no impact on geology and soils. 7. HAZARDS AND HAZARDOUS MATERIALS—Would the project: a) Create a significant hazard to the public or the environment through the routine transport,use, or ❑ ❑ ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ Z release of hazardous materials into the environment? c) Ernit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or ❑ ❑ ❑ Z waste withm one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a ❑ ❑ ❑ result, would it create a significant hazard to the public or the environment? e)For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use ❑ ❑ ❑ 19 airport, would the project result in a safety hazard for people residing or working in the project area? City of Palm Springs Initial Study 8 June 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact impact 0 For a project widin the vicinity of a private airstrip, would die project result in a safety ❑ ❑ ❑ hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response ❑ ❑ ❑ 0 plan or emergency evacuation plan? h) Expose people or shuetures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ ❑x urbanized areas or where residences are intermixed with wildlands? 7.a-h) NO IMPACT. The zoning tent amendments will not create a significant hazard to the public or create hazardous emissions. 8. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste ❑ ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit m aquifer volume or a lowering of the local groundwater ❑ El Eltable level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a ❑ ❑ ❑ Z mariner which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or ❑ ❑ ❑ <] substantially increase the rate or amount of surface runoff in a maimer which would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned ❑ ❑ ❑ L] stormwater drainage systems or provide substantial additional sources of polluted runoff?. t)Otherwise substantially degrade water quality? ❑ ❑ ❑ ❑x City of Palm Springs Initial Study 9 June 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No hnpact Incorporated Impact impact g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard ❑ ❑ ❑ L] Boundary or Flood Insurance Rule Map or other flood hazard delineation map? ln) Place within a 100-year flood hazard area structures which would impede or redirect flood ❑ ❑ ❑ ❑x flows? i)Expose people or structures to a significant risk of loss, injury or death involving flooding, ❑ ❑ ❑ ❑x including flooding as a result of the failure of a levee or dam? j)Inundation by seiche,tsunami,or mudflow? ❑ ❑ ❑ 0 8.aj) NO IMPACT. The proposed zoning text amendments will have no impact on hydrology and water quality. 9. LAND USE AND PLANNING - Would the project: a)Physically divide an established community? ❑ ❑ ❑ 0 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local ❑ ❑ ❑ 0 coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community ❑ ❑ ❑ ❑X conservation plan? 9.a-c)NO IMPACT. The proposed zoning text amendments would not physically divide an established community, conflict with any applicable land use plan, or conflict with any applicable habitat conservation plan. Currently, the zoning ordinance considers advertising materials on vehicles a public nuisance. The amendments are to only allow taxi signs affixed to taxi cabs in compliance with regulations governing size and type of signs in the Palm Spiings Municipal Code. Although no permits will be issued for such taxi signs, enforcement of the size and type of signs will be carried out by code enforcement officers. 10, MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the ❑ ❑ ❑ ❑X region and the residents of the state? City of Palm Springs Initial Study 10 June 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Result in the loss of availability of a locally- important mineral resource recovery site ❑ ❑ ❑ ❑x delineated on a local general plan, specific plan or other land use plan? 10.a,b)NO IMPACT. The proposed zoning text amendments will have no impact on mineral resources. 11.NOISE—Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the ❑ ❑ ❑ ❑x local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome ❑ ❑ ❑ noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ ❑ ❑x existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ ❑ 0 levels existing without the project? e) For a project located a4thin an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use ❑ ❑ ❑ M airport, would the project expose people residing or wonting in the project area to excessive noise levels? If For a project within the vicinity of a private airstrip, would the project expose people residing ❑ ❑ ❑ ❑x or working in the project area to excessive noise levels? I La-f) NO IMPACT. The proposed zoning text amendments would not expose persons to excessive noise levels or generate groundbome vibration. The proposed zoning text amendments to allow taxi signs affixed to taxi cabs could not produce a new source of noise. 12. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for ❑ ❑ ❑ M example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ M replacement housing elsewhere? City of Palm Springs Initial Study 11 June 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ ❑x housing elsewhere? 12.a-c)NO IMPACT. The proposed zoning text amendments are not growth inducing, will not displace housing, and will not displace people. Therefore, the proposed amendments_will have no impact on population and housing. 13.PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ Police protection? ❑ ❑ ❑ Z Schools? ❑ ❑ ❑ Z Parks? ❑ ❑ ❑ (] Other public facilities? ❑ ❑ ❑ 13.a) NO IMPACT. The proposed zoning text amenchnents will have no impact on public services or facilities. 14.RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ❑ ❑ ❑ 0 physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the constriction or expansion of ❑ ❑ ❑ ❑x recreational facilities which might have an adverse physical effect on the environment? 14.a, b)NO WIPACT. The proposed zoning text amendments will have no impact on recreation,parks, or other such facilities. City of Palm Springs Initial Study 12 June 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 15. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a ❑ ❑ ❑ 0 substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads,or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the ❑ ❑ ❑ l] county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a ❑ ❑ ❑ ❑X change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ ❑ ❑ 0 intersections) or incompatible uses (e.g, farm equipment)? e)Result in inadequate emergency access? ❑ ❑ ❑ 0 f)Result in inadequate parking capacity? ❑ ❑ ❑ x❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation ❑ ❑ ❑ (e.g.,bus tuniouts,bicycle racks)? 15.a-g) NO IMPACT. The proposed zoning text amendments will have no impact on transportation or traffic. 16. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control ❑ ❑ ❑ ❑X Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the constriction ❑ ❑ ❑ ❑x of which could cause significant environmental effects? c) Require or result in the construction of new stonn water drainage facilities or expansion of ❑ ❑ 0 existing facilities, the construction of which could cause significant enviromnemal effects? City of Patin Springs Initial Study 13 June 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Have sufficient water supplies available to serve the project from existing entitlements and ❑ ❑ ❑ X resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the ❑ ❑ ❑ project's projected demand in addition to the provider's existing commitments? I) Be served by a landfill with sufficient permitted capacity to accommodate the project's ❑ ❑ ❑ Z solid waste disposal needs? g) Comply with federal, state, and local statutes ❑ ❑ ❑ 0 and regulations related to solid waste? 16.a-g) NO IMPACT. The proposed zoning text amendments will have no impact on utilities and service systems. 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a ❑ ❑ ❑ N plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are ❑ ❑ ❑ Q considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable fixture projects)? c) Does the project have environmental effects which will cause substantial adverse effects on ❑ ❑ ❑ human beings, either directly or indirectly? 17.a-c) NO IMPACT. Based on the preceding analysis, the proposed zoning text amendments do not have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop bellow self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or City of Palm Springs Initial Study 14 June 21,2004 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact prehistory. As discussed in the respective issue areas, the proposed amendments would have either no impact or less than significant impact as to all envuomnental resources. City of Pulm Springs hritial Study 15 - June 21,2004 18. LISTED BELOW ARE THE PERSON(S)WHO PREPARED OR PARTICIPATED IN THE PREPARATION OF THE INITIAL STUDY: Douglas R. Evans,Director of Planning and Zoning Jing Yeo, Principal Planner DETERMINATION On the basis of this initial evaluation: l] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a"potentially significant impact" or"potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been ❑ adequately analyzed in an earlier document pursruam to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a.significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier ❑ EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier FIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Douglas R vans Date Director of Planning and Zoning City of Palm Springs Initial Study 16 - June 21,2004 Public Hearing Notices Notification Information for Planning Commission Hearing on July 14, 2004 Case No. 5.1016 ZTA Applicant Name: City of Palm Springs Address Project Location & Allow Display of taxi-cab signs, adopt Negative Delcaration Description: Assigned Planner: Jing Yeo, Principal Planner Labels Prepared by: Jing Yeo, Principal Planner Certification to City Clerk Date: June ,-OT �� �II/T✓ Property Owners / Groups / Date Notices Number of Organizations Mailed Notices Mailed Applicant/Sponsors June 22, 2004 1 Property Owners: N/A Land Owner (master lessor) Master Lessor (sub-lessor) Sub-lessee (unit owner) Indian Land Owners - to BIA N/A Neighborhood Coalition 10 Homeowners Association ONIPP Agua Caliente Band/Cahuilla Indians Rep 1 City Rep for Verification (office & home 1 address) Public Agencies & City Staff- IS, 21 Other Interested Parties- City Staff 5 Public Notice Binder & Case File 2 TOTAL NUMBER MAILED: 41 PALM S OF F* ti N City of Palm Springs q FoaH+, Department of Planning &Zoning MEMORANDUM Date: March 12, 2003 From: Jing Yeo Principal Planner Subject: Mailing Labels for Notice of Public Hearing Planning Commission Case No. 5.1016 ZTA Taxi Cab Display Signs This is to certify that the attached labels were created on June 21,2004 using the most current information available. To the best of my knowledge, the labels are complete and accurate. C Jing Yeo, P ricip I Planner June 21, 20 4 :Idm 5.1016 Environmental Sunline Transit Agency Riverside County Document Distribution List 32505 Harry Oliver Trail Airport Land Use Commission 1000 Palms, CA 92278 Mr. Keith Downs, Executive Director 5555 Arlington Avenue Riverside, CA 92504 Riverside County Planning Dept Riverside County Planning Dept County of Riverside, County Clerk ATTN: Mr. Paul Clark ATTN: Mr. Ron Goldman Attn: Ms. Cindy Kohler, Dept. Clerk 82675 Hwy 111, Room 209 4080 Lemon Street, 91h Floor PO Box 751 Indio, CA 92201 Riverside, CA 92501 Riverside, CA 92502-0751 County of Riverside, County Clerk Coachella Valley Taxi Owners Association Mr. Michael R. Kaiser Attn: Ms. Cindy Kohler, Dept, Clerk ATTN: Mr. Sergio Santo Middlebrook, Kaiser&Popka 2720 Gateway Drive P.O. Box 5451 801 East Tahquitz Canyon Way Riverside, CA 92509 Palm Springs,CA 92263 Suite 101 Palm Springs, CA 92262 Coachella Valley Association of City of Cathedral City City of Coachella Governments-CVAG Ms. Cynthia Kinser, City Planner Director of Planning ATTN: Mr. Jim Sullivan 68-700 Avenida Lalo Guerrero 1515 6°i Street 73710 Fred Waring Drive Cathedral City, CA 92234 Coachella, CA 92236 Palm Desert, CA 92260 City of Desert Hot Springs City of Indian Wells City of Indio Director of Planning Mr. Conte Kates, Director of Planning Ms. Susan Williams 65950 Pierson Blvd. 44950 El Dorado Drive Director of Community Development Desert Hot Springs, CA 92240 Indian Wells, CA 92210 100 Civic Center Mall Indio, CA 92201 City of La Quinta City of Palm Desert City of Rancho Mirage Mr.Jerry Herman Mr. Phil Drell Mr. Robert Brockman Community Development Director Director of Community Development Director of Community Development 78495 Calls Tampico 73510 Fred Waring Drive 69825 Highway 111 La Quinta, CA 92253 Palm Desert, CA 92260 Rancho Mirage, CA 92270 Agua Caliente Cahuilla Indians Palm Springs Chamber of Commerce Mr. Peter Moruzzi Mr. Tom Davis 190 W. Amado Road President and Chairman Tribal Planning Director Palm Springs, CA 92262 Palm Springs Modern Committee 650 E. Tahquitz Canyon Way P.O. Box 4738 Palm Springs, CA 92262 (3EIRS&1 TECH) Palm Springs, CA 92263 Bureau of Indian Affairs Bureau of Indian Affairs Mr. Kim Snyder, Director Regional Director ATTN: Natural Resources AIRPORT P.O. Box 2245 2800 Cottage Way Palm Springs, CA 92263 Sacramento, CA 95825 CITY ATTORNEY CITY MANAGER ASSISTANT CITY MANAGER PALM SPRINGS LIBRARY T NEIGHBORHOOD COALITION/ MR BILL DAVIS AND SPONSOR AND VERIFICATION LIST MR PETER DIXON MS TRISHA DAVIS P.C. I.S. Hearing July 14,2004 TENNIS CLUB AREA TENNIS CLUB AREA Case 5.1016 ZTA 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA City of Palm Springs PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR FRANK TYSEN C/O CASA CODY COUNTRY INN MS CHRISTINE HAMMOND MR BOB WEITHORN SMALL HOTELS TAHQUITZ RIVER ESTATES TENNIS CLUB/SMALL HOTELS 175 SOUTH CAHUILLA ROAD 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR TIM HOHMEIER MS ROXANN PLOSS MR PHIL TEDESCO DEEPWELL OLD LAS PALMAS DEEPWELL RANCH 1387 CALLE DE MARIA 930 CHIA 1303 WEST PRIMAVERA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE BAND OF HISTORIC TENNIS CLUB AREA AGUA CALIENTE BAND OF CAHUILLA INDIANS 565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS -J -0 --D -EJ =D=J 650 EAST TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS PLANNING &ZONING DEPT CASE N05.0994 VERIFICATION NOTICE -J -J =J ATTN SENIOR SECRETARY MS LORETTA D MOFFETT PO BOX 2743 PO BOX 2494 PALM SPRINGS CA 92263-2743 PALM SPRINGS CA 92263-2494 MR PETER MORUZZI HISTORIC SITE REP -J PALM SPRINGS MODERN CMTE PO BOX 4738 PALM SPRINGS CA 92262-4738 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 17r 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. G. 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; C. 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 76, 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: 'N, Lp 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. If an emergency display light (bandit light) is installed on the ad carrier, it 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 light bulb 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 owner's 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. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk Mayor REVIEWED & APPROVED AS TO FORM: �� R _iv I