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HomeMy WebLinkAbout9/17/2003 - STAFF REPORTS (23) DATE: September 17, 2003 TO: City Council FROM: Director of Planning and Zoning CASE NO. 5.0970 - ZONING TEXT AMENDMENT APPLICATION TO AMEND THE ZONING ORDINANCE IN REGARD TO SECTION 93.20.04 (PROHIBITED SIGNS), SECTION 93.20.09 (PERMITTED SIGNS - DOWNTOWN/UPTOWN), AND SECTION 93.20.10 (SIGNS - GENERAL PROVISIONS), TO ALLOW CREATIVE LIVE THEATER SIGNS IN THE HISTORIC CENTRAL BUSINESS DISTRICT (CBD) ZONE AND CITY OWNED HISTORIC PROPERTIES. RECOMMENDATION That the City Council conduct a public hearing on the subject zoning ordinance text amendment in accordance with Municipal Code Section 94.07.01. If the City Council deems appropriate, consider the attached legislative draft ordinance for live theater signs (Attachment A), and amend the Zoning Ordinance as proposed. The proponents are Downtown Development Director, and the City of Palm Springs. Note that all the proposed changes are indicated by underline and strikeout in the attached draft ordinances, All other sections remain the same. SUMMARY In accordance with Zoning Code Section 94.07.01(4)(b),the Planning Commission is filing its recommendation of denial for City Council consideration. The project is composed of a request to amend the zoning ordinance to enable the Planning Commission to review and approve creative and unique signage for live theater type businesses located on designated historic properties in the CBD and City owned historic properties with restrictions. BACKGROUND The Live Theater Sign amendment was originally presented to the Planning Commission on June 25, 2003 (see attached Planning Commission minutes) with direction that it be scheduled for the July 02, 2003, Planning Commission Study Session for further discussion. The live theater sign amendment was agendized for the July 09, 2003, Planning Commission meeting and subsequently pulled by Staff until further notice. On August 27, 2003, the Planning Commission denied the request with a vote of 5-0, The City in conjunction with the Downtown Development Director have been reviewing sign options for live theaters in the City, specifically,the Plaza Theater on Palm Canyon Drive, the Springs Theater at Desert Museum, and Palm Canyon Theater (Frances Stevens Park). All these properties are Class 1 historic sites and are considered historically unique to the City of Palm Springs. In accordance with the Palm Springs Zoning Code Section 93.20.09(B)(3), and not withstanding other sign usage authorized therein,the City permits theaters to have one(1) reader board a maximum twenty-five (25) square feet, as well as showcases if approved as part of an overall design. / I n Page 2 of 3 September 17, 2003 Case Nos, 5.0970, Zoning Text Amendment In recent months the Follies at the Plaza Theater has been experimenting with television imagery to attract patrons to their shows. Under existing sign provisions, such signs are prohibited because they are not considered a reader board or showcase type sign. In regards to prohibited signs,the zoning code prohibits rotating, moving,flashing, reflecting, prismatic or blinking signs, or signs that appear to do any of the forgoing are prohibited. Television monitors or similar imagery, fall into that prohibited category. With the assistance of the Downtown Development Director, staff has evaluated the City's existing codes to determine how the unique "live theater" land use can achieve a lively entertainment environment through signage without sacrificing the special character of the downtown/uptown overall streetscape. The solution was to tie the live theater signs to the unique character of the architecture within an overall sign program as it relates to the historic structures, without being excessively bright or obtrusive to passing vehicles and pedestrians. Such signs will be reviewed and approved by the Planning Commission through the architectural review process. The project is composed of a request to amend the zoning ordinance in regard to Section 93.20,04(1) (Prohibited Signs), Section 93.20.09 (Permitted Signs - Downtown/Uptown) and Section 93.20.10 (Signs- General Provisions), to allow creative live theater signs in the historic CBD zone and City owned historic properties. The Planning Commission's denial was based on the following: 1) the potential signage may not be in character with historic downtown and historic buildings; 2) may create excessive over concentration/commercialization of sidewalk advertising in the Downtown/Uptown Districts; 3) sufficient signage already exists for the Plaza Theater under existing ordinance; 4) consideration of Planning Commission and City Council recommendation to the Agua Caliente Band of Cahuilla Indians to reconsider its pylon and video display sign with due respect to the character of the Community; and 5) proximity of Plaza entry to contiguous outside dining establishments could be impacted by proposed signage noise and visual distractions. Since the Planning Commission strongly objects to this amendment,the City Council may want to consider a unique approval process whereby such sign programs are subject to City Council review and approval. There are a range of review options that staff could outline if the City Council desires. AMENDMENT TO THE ZONING ORDINANCE To allow creative live theater signs in the historic CBD zoning and City owned historic properties, a zoning ordinance text amendment is proposed. The draftzoning ordinance text amendmentwould alter5ection 93.20.09(Permitted Signs - Downtown/Uptown) and Section 93.20.10 (Signs- General Provisions). In addition, an amendment to Section 93.20.04(1) (Prohibited Signs) referencing the live theater sign provision established in Section 93.20.10. This would enable the Planning Commission �� � Page 3 of 3 September 17, 2003 Case Nos. 5.0970, .Zoning Text Amendment to review and approve creative and unique signage for live theater type businesses located on designated historic properties in the CBD and City owned historic properties with the following restrictions: 1) signs shall not alter the historic character of a structure; 2) signs are visually creative;3) light source of signs shall not be excessively bright or obtrusive to passing vehicular traffic, pedestrians, and surrounding uses; 4) If sound is proposed, sound levels shall be such that it is not audible by adjacent businesses or residential properties; and 5) signs shall be part of a sign program subject to Planning Commission Architectural approval. CEQA It has been determined that the zoning code ordinance text amendments pertaining to second units and live theater signs could not have an impact on the environment, and are exempt from the California Environmental Quality Act(CEQA)provisions,the State CEQA Guidelines (Section 15311, Class 11, Accessary Structures), and the City's CEQA procedures contained in the City's CEQA Guidelines. A Notice of Exemption has been prepared, f� r9 Director of Plarrhing and Zoning City Manager ' ATTACHMENTS A. June 25, 2003, and August 27, 2003, Planning Commission Minutes B. Live Theater Sign Zoning Ordinance Text Amendment(Legislative Draft) ( A3 Page 14 of 16 Planning Commission Minutes June 25, 2003 mentioned were intended to notify the applicant that existing automatic fire sprinklers may have to be altered but that he is correct, that the issue is a Building permit issue. M/S/C (Grence/Shoenberger 5-0, 1 abstention, 1 absent) to approve subject to Conditions of Approval in Staff Report and removing Fire Department Condition Nos. 1-5. Commissioner Marantz returned to the meeting. Case 5,0953-Application for a text amendment to amend the Palm Springs Zoning Ordinance, in regard to Section 93.20.04 (Prohibited Signs), Section 93.20.09 (Permitted Signs- Downtown/Uptown)and Section 93.20.10(Signs-General Provisions),to allow creative live theater signs in the historic Central Business District(CBD)zone and City owned historic properties; and to allow outdoor display of limited merchandise in the Uptown C-1 Retail Business Zoning District and CBD Central Business District Zones. Commissioner Grence abstained due to a conflict of interest as he has a business interest in the Uptown District and was excused from meeting. Larry Mainez, Principal Planner, reviewed the staff report and maps outlining the areas of proposed changes. Chairman Klatchko opened the Public Hearing. Mr.Arthur McMillan addressed the Planning Commission to state that he is the owner of McMillan's Resort Wear and submitted photographs of his outdoor display of shirts. He stated that outdoor displays in front of his business were always acceptable to the City in the past but now staff is proposing this revised Ordinance which limits displays to furniture, art, and fine art. He stated that he would like to be treated fairly and be allowed to have three items in front of his store as it would be a big impact to sales on a day-to-day basis if shirts are not allowed for display. There being no further appearances, the Public Hearing was closed. Commissioner Marantz commented that, although she does not want to see McMillan's or other businesses penalized because they don't sell art or antiques, she understands that the City does not want the Uptown looking like a swap meet. She stated that she would not have known that McMillan's was there if she hadn't seen the Hawaiian shirts displayed outside. She suggested staff draft an Ordinance which does not limit display to only furniture,art,and fine art and stated that she strongly supports local shopping. Commissioner Caffery agreed and stated that the display at McMillan's is done tastefully and that the purpose forthe amendment to the Ordinance is to prevent racks of clothing, purses, etc,from being displayed outdoors. Director reported that staff has met with the Uptown Association and discussed the issue of clothing and thought that there was consensus to limit to arts,furniture,and antiques. He reported that MainStreet is very wary of allowing any outdoor display of merchandise whatsoever. He Page 15 of 16 Planning Commission Minutes June 25, 2003 reported that the City had an experimental program (i.e. lack of enforcement) which created a problem almost immediately when merchants displayed racks of clothes and purses, etc. He reviewed possible ramifications of the retailing issue of outdoordisplay(e.g.its effect on the quality of the customer base). He reported that Community Preservation Officers will have a challenge to enforce the Ordinance if it is not carefully and specifically written. Commissioner Shoenberger stated that the Planning Commission has spent a lot of time reviewing this issue and that he does not think displaying clothing is appropriate-that it is unmanageable. He stated that he is sure Mr. McMillan is a responsible business owner and can do the display tastefully but that it is unlikely that the City could keep problems from happening if clothing display isallowed. He commented that the Planning Commission frequently has difficult decisions to make and that it is disappointing to impact a responsible business owner because of other irresponsible owners but that he does not want to see clothing displayed downtown as it is in conflict with how the City wants its downtown to look. Commissioner Conrad stated that, regarding the livetheater signs,she does not think TV monitors and blinking signs on Palm Canyon Drive is how the City wants its downtown to look. She stated that she sympathizes with theaters trying to attract patrons but objects to the proposed Live Theater Signs on Historic Properties section of the proposed Ordinance (No. 7) and beseeched the Planning Commission to consider what little "village" is left of Palm Springs and preserve it. She stated that amending the Ordinance may create an illusion of entitlement which could create more problems (e.g. clashing with applicants over aesthetics) than if the Planning Commission decisively declares that live signage is philosophically wrong for the City. Director reported that the proposed Ordinance would be enabling legislation and that applications would need to come through specific criteria and convince the Planning Commission that proposed signage does not alter the historic nature of the building. If not convinced, denial would be appropriate. He also reported that staff has received a complaint from the restaurant adjacent to the Follies about the noise from the unpermitted TV sign (which would be reason for denial by Planning Commission). Commissioner Marantz commented that she felt the Mize[ Senior Center sign is used only as an advertising gimmick that the Planning Commission was persuaded to approve but which does not, in reality, bring any new customers in to the center. She stated that code enforcement availability is limited and that it would be disappointing to add another issue for officers to enforce, especially one which would be difficult, if not impossible, to manage. Chairman Klatchko stated that, in all deference to Mr. McMillan, the Planning Commission did spend a considerable amount of time reviewing this issue and specifically and purposefully excluded outdoor clothing displays. He suggested that, as Planning Commission had not reached a consensus, the issue be placed on another Study Session agenda for further review. M/S/C (Conrad/Klatchko 2-3, 1 absent, 1 abstention, Caffery, Marantz, Shoenberger dissenting) to approve as presented and disallow live theater signs on historic properties within the Central Business Zone by striking#7 (page 11 of 29) of the Legislative Draft. Motion defeated. M/(Shoenberger)to approve both text amendments(allow outdoor display and live theater signs). Motion failed for lack of a second. /11+57 -- Page 16 of 16 Planning Commission Minutes June 25, 2003 M/S/C (Caffery/Shoenberger 3-2, 1 absent, Conrad and Marantz dissenting)to forward the issue as an item for discussion at the next Planning Commission Study Session. Director reported that staff will provide minutes and/or recording of today's meeting to Commissioner Matthews and incumbent Planning Commissioners so they can participate in discussion at July 03, 2003 Study Session. ***** WORK PROGRAM: Director reported that the General Plan subcommittee has been established and its first meeting will be held on June 30, 2003. He stated that meetings are open to the public and agendas posted at City Hall. He clarified that the committee was not formed by staff or Planning Commission or the City Council—that it is a group of community members who have volunteered their time to this process. *** ** CITY COUNCIL ACTIONS: Director reported that there will not be a meeting tonight due to lack of quorum. COMMISSION/STAFF REPORTS/REQUESTS: Director thanked departing Commissioners Chairman Klatchko and Vice-Chairman Caffery for their outstanding contributions to the City, staff, and community. Commissioners also expressed their appreciation to Chairman Klatchko and Commissioner Caffery for their contribution to the City. Commissioner Caffery commented that he has valued working with the high caliber professionals who serve on the Planning Commission. He echoed comments made today by applicants regarding the high quality of service provided by staff. Chairman Klatchko stated that it has been his pleasure and privilege to serve on the Planning Commission and that he has learned a lot over the years which exemplifies one of the benefits to the City of citizen-participatory groups—that, over the years, the knowledge base continues to increase. He thanked staff for their hard work and for the encouragement to always ask questions. WWW ** There being no further business, the meeting was adjourned at 5:32 p.m. Respectfully Submitted, rD6uglas R. Evans Director of Planning &Zoning CITY OF PALM SPRINGS PLANNING COMMISSION MINUTES August 27, 2003 Council Chamber, City Hall 3200 East Tahquitz Canyon Way Palm Springs, California 92262 ROLL CALL Present Present FY 03-04 This Meeting to Date Excused Absences Jon Shoenberger, Chair X 4 0 Dianne Marantz, Vice Chair X 3 1 Mark Matthews X 3 1 Jerry Grence X 4 0 Tracy Conrad X 3 1 Ricky Wright X 4 0 Larry Hochanadel X 4 0 STAFF PRESENT: Douglas R. Evans, Director of Planning &Zoning Dave Barakian, City Engineer Larry Mainez, Principal Planner Jing Yeo, Associate Planner Kathy Marx, Associate Planner Gabriel Diaz, Assistant Planner Michele Boyd, Administrative Coordinator Chairman Shoenborger called the meeting to order at 1:40 p.m. The August 27,2003 agenda was available for public access at the City Hall exterior bulletin board and the Department of Planning &Zoning counter by 4:00 p.m., August 22, 2003. 111t Page 7 of 10 Planning Commission Minutes August 27, 2003 Case 5,0968 and Case 5.0970 —Application by the City of Palm Springs for Zoning Ordinance Amendments: 1)to allow second family unit applications ministerially without discretionary review in accordance with Government Code Section 65852.2 (AB1866- ministerial action), City wide in the R-G-5, R-1, R-G-A, and R-2 Zones; and 2) to allow live theater signs in the Historic Central Business District (CBD) zone and City- owned historic properties City-wide. Chairman Shoenberger opened the Public Hearing. There being no appearances, the Public Hearing was closed. Chairman Shoenberger announced that, though there are two text amendments included in the above agenda item, he would like to review them separately as they are very distinct issues. He asked that the Planning Commission review the live theater signs issue first—Case 5.0970. Chairman Shoenberger stated that there are two Planning Commission members absent who have previously commented on this issue. He further stated that Commissioner Conrad had specifically stated that she would not support the requested amendment. He stated that he also has stated similar concerns at the meetings of both June 25, 2003 and July 09, 2003. Commissioner Matthews stated that he will not support this item due to his previously stated reasons which include his concern that the request is the result of bad negotiations and people downtown not getting along and would be a poor substitute for good planning. 1148 Page 8 of 10 Planning Commission Minutes August 27, 2003 Commissioner Wright echoed Commissioner Matthews comments and stated that approval of the proposed text amendment would not be good for the City. M/5/C (Grence/Hochanadel 5-0, 2 absent)to deny Case 5.0970. �r� PROOF OF PUBLICATION This Is space for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside -------------------------------------------- I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen No.5615 years,and not a party to or interested in the NOTICE OF CITY COUNCIL MEETING above-entitled matter.I am the principal clerk of a NOTICE OF PUBLIC HEARING printer of the,DESERT SUN PUBLISHING CITY OF PALM SPRINGS COMPANY a newspaper of general circulation, Caae No. 5.0970, Amendment to the Palm Tinted and published in the city of Palm Springs, Springs Zoning,Ordinance' to allow live theater p p Tysl ns in the historic Central Business District County of Riverside,and which newspaper has been (CUD) zone and City owned historic propefrties. adjudged a newspaper of general circulation by the Applicant. City of Palm Springs Superior Court of the County of Riverside,State of NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a California under the date of March 24, 1988.Case pubric hearng at its meeting of September 17, Number 191236;that the notice,of which the 2003. The city Council meeting begins at 7:00 p M. in the Council Chamber at City Hall,3200 E. annexed is a printed copy(set III type not smaller lahquitz Canyon Way, Palm Springs. than non pariel,has been published in each regular The purpose of the hearing is to consider Case No.5 0970:a request by the City of Palm Springs and entire issue of said newspaper and not in any and Mamstreet for a zoning ordinance text amendment in regards to Section 93.20 04 (pro- supplement thereof on the following dates,to wit: hibited signs), Section 93 20.09 (ppermitted signs- downtown/uptown) and Section 93.20.10(signs- general provisions), to allow creative Irve theater signs in the historic CBD zone and City owned September 6 properties_., - - f1i The City of Palm Springs has determined that the ----------------------------------------—----- Zoning Ordinance text amendments pertaining to Irve theater signs could not have an Impact on the environment, and are exam ppt from the California Environmental Quality Act (CEQAI provisions, the State CEQA Guidelmes(Section 15311, Class 11, All In the year 2003 Accessary Structures), and the City's CEQA pro- cedures contained in the Clty's CEQA Guidelines. I certify(or declare) under penalty of perjury that the fore oill is true and Correct. Related documents and CEQA Notice of Exemp- g g tion are available for public review daily. Members 91h of the public may view these documents in the De artment of Planning and Zonin City Hall, Dated at Palm Springs,California this--------day 3280 E.Tahgwtz Canyon Way, Palm�S'prings,and submit written comments at or prior po the City Council hearing. of----—----September-----------------------------2003 If any group challenges the action In court, issues �}^`� raised may be limited to only those issues raised mil^' at the it public heannq opportunity in this notice or m written correspondence at, or prior to the City Council heanng An a opportunity will o given e _____________ ___—_____-_—______________—_________ ________ said hearing for all Interested persons to be i Si nature heard. Questions regarding this case may be di- g acted to Lawrence A. Mamez, Principal Planner at (760)323-8245. PATRICIA A SANDERS City Clerk PUF.'_September 6, 2003 _ __ NOTICE OF CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS Case No.5.0970,Amendmentto the Palm Springs Zoning Ordinance:to allowlive theater signs in the historic Central Business District (CBD) zone and City owned historic properties. 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 September 17, 2003. The City Council meeting begins at 7:00 p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider Case No. 5.0970: a request by the City of Palm Springs and Mainstreetfora zoning ordinance text amendment in regards to Section 93.20.04(prohibited signs),Section 93.20.09(permitted signs-downtown/uptown)and Section 93.20.10(signs-general provisions), to allow creative live theater signs in the historic CBD zone and City owned historic properties. The City of Palm Springs has determined that the Zoning Ordinance text amendments pertain ing to live theater signs could nothave an impacton the environment,and are exemptfrom the California Environmental Quality Act(CEQA)provisions,the State CEQA Guidelines(Section 15311,Class 11,Accessary Structures),and the City's CEQA procedures contained in the City's CEQA Guidelines. Related documents and CEQA Notice of Exemption are available for public review daily. Members of the public may view these documents in the Department of Planning and Zoning, City Hall, 3200 E. Tah'quitz 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 Lawrence A. Mainez, Principal Planner at(760)323-8245. PATRICIA A. SANDERS City Clerk Publish: September 6, 2003 The Desert Sun