HomeMy WebLinkAbout1930ORDINANCE NO. 1930
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
AMENDMENT TO SECTION 93.02.00(8) OF THE PALM
SPRINGS ZONING CODE (PSZC) RELATING TO WALL
HEIGHT FOR RESIDENTIAL SWIMMING POOL SAFETY
ENCLOSURES.
City Attorney Summary
The proposed ordinance allows an exception to the City's wall height
limitations for swimming pool safety enclosures, as required by the
California Building Code.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
A. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC),
the Director of Planning Services is authorized to initiate proceedings and recommend
amendments to the Zoning Code.
B. The 2016 California Building Code establishes requirements for swimming
pool safety enclosure fencing that is in conflict with PSZC Section 93.02.00,
necessitating a change to the City's zoning requirements for perimeter walls.
C. Notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider Case 5.1421 ZTA ("Zone Text Amendment"} was given in
accordance with applicable law.
D. On June 14, 2017, a public hearing on the proposed Zone Text
Amendment was held by the Planning Commission in accordance with applicable law,
and after taking public testimony and reviewing all evidence presented in connection
with the hearing, the Planning Commission voted 6 to 0 to recommend approval of the
proposed ordinance to the City Council.
E. Notice of public hearing of the City Council of the City of Palm Springs to
consider Case 5.1421 ZTA was given in accordance with applicable law.
F. The proposed Ordinance is not subject to the California Environmental
Quality Act (Public Resources Code Section 21000 et seq.} pursuant to Section
15060(c)(2) of the State Guidelines, because the Ordinance is directly related to
ministerial actions, will not result in a direct or reasonably foreseeable indirect physical
change in the environment, and is not a "project" as that term is defined in Section
15378 of the State CEQA Guidelines.
Ordinance No. 1930
Page2
G . On July 19, 2017, a public hearing on the proposed Zone Text
Amendment was held by the City Council in accordance with applicable law, and the
City Council has carefully reviewed and considered all of the evidence presented in
connection with the hearing on the Zone Text Amendment, including, but not limited to,
the staff report, and all written and oral testimony presented.
H.
would:
1 .
2.
3.
The City Council hereby finds that the proposed Zone Text Amendment
Align the City's zoning requirements with the 2016 California Building
Code;
Provide a ministerial process for property owners to comply with the
updated Building Code requirements; and
Maintain the City's aesthetic sta ndards for perimeter walls .
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS :
SECTION 1. That the findi ngs and determinations reflected above are true and
correct, and are incorporated by this reference herein as the cause and fo undation for
the action taken by and through th is Ordinance.
SECTION 2. Palm Springs Zoning Code {PSZC) Section 93.02 .00(B) is hereby
amended to read as follows :
B. Security Fencing .
Security fencing, including swimming pool safety enclosure fencing, as
required by any governmental agency of jurisdiction sha ll be permitted,
notwithstand ing any other prov ision of this Zoning Code.
PASSED, APPROVED, AND ADO ED BY THE ·
COUNCIL THIS 26TH DAY OF JULY, 201h
AITEST:
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KATHLEEN D. HART, MMC
INTERIM CITY CLERK
Ordinance No. 1930
Page3
STATE OF CALIFORNIA )
CERTIFICATION
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California,
do hereby certify that Ordinance No . 1930 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on July 19 , 2017 and
adopted at an adjourned regular and special meeting of the City Council held on
July 26, 2017, by the following vote:
AYES :
NOES :
ABSENT:
ABSTAIN :
RECUSAL :
Councilmembers Kors , Mills, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
None
None
None
None
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KATHLEEN D. HART, MMC
INTERIM CITY CLERK