HomeMy WebLinkAbout1347 - ORDINANCES - 4/4/1990 ORDINANCE 110. 1347
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING ORDINANCE
IN REGARD TO ELDERLY BOARD AND CARE
FACILITIES, MANUFACTURED HOUSING,
RESIDENTIAL YARD LIGHTING, BICYCLE
RENTAL, THRIFT SHOPS, AUTO RENTAL.
AGENCIES, MECHANICAL EQUIPMENT, SHADED
PARKING, ANTENNAS, ACCESSORY APARTMENTS,
SIGNS, SERVICE STATIONS, AND OTHER MIS-
CELLANEOUS ITEMS AND CORRECTIONS.
THE CITY COUNCIL OF THE: CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 9100.10A.55. of Ordinance No. 1294, the Zoning Ordinance,
is amended to read as follows:
"CONVALESCENT HOME shall mean the same as "Elderly Board and Care
Facility" ."
SECTION 2. Section 9100.I0.A. of the Zoning Ordinance is amended with the
addition of the following:
"75A. ELDERLY BOARD AND CARE FACILITY shall mean the premises used for
the housing of and/,Dr ambulatory care for elderly residents ,
including all levels of facilities licensed by the State of
California. This definition includes, but is not limited to ,
facilities traditionally known as nursing homes , convalescent
homes and senior citizen housing."
SECTION 3. Section 9100.10A.89. of the Zoning Ordinance is amended to read as
follows:
"GENERAL PLAN shall mean the General Plan for the City of Palm Springs ,
consisting of all General Plan Maps and Reports , adopted by the City
Council ."
SECTION 4. Section 9100.10A.94. of the Zoning Ordinance is amended to read as
Follows:
"GUEST HOME shall mean the same as "Elderly Board and Care Facility" ."
SECTION 5. Section 9100.10A.168, of the Zoning Ordinance is amended to read
as follows :
"REST HOME shall mean the same as "Elderly Board and Care Facility" ."
SECTION 6. Section 9100.10A.205. of the Zoning Ordinance is amended to read
as follows:
"WALL OR FENCE shall mean any structure or device not including land-
scape features , forming a physical barrier. This shall include con-
crete, concrete block, wood, metal , or other materials that are so
assembled as to form a barrier. Where a solid wall is specified , one
hundred (100) percent. of the vertical surface shall be closed , except
for approved gates or other access ways . Where a masonry wall is
specified, said wall shall be concrete block, brick, stone, or other,
masonry material and one hundred (100) percent of the vertical surface
shall be closed, except for approved gates or other access ways ."
/ rl
Page 2
SECTION 7. Section 9100.10.A. of 'the Zoning Ordinance is amended by:
a. deleting the following:
"206. WALL HEIGHT MEASUREMENT. The height of walls , fences and
shrubs, as permitted under• Section 9302.00 shall be measured
from the top as existing curb grade or crown of abutting
road. In the event that practical difficulties and hard-
ships result from the strict enforcement of these regula-
tions due to grade problems of the abutting street, slope of
lot or other site conditions , but not including conditions
resulting from the °filling, excavation or grading of lots ,
applicant requesting a building permit may appeal to the
Commission provided for by this Code. The proceedings pro-
vided in this Code shall apply except that notice to
abutting property owners and public hearing requirements
provided by this Code shall not apply."
b. renumbering the remaining items appropriately.
SECTION 8. Section 9201 .01A.6. of the Zoning Ordinance is amended
a . to read as follows:
"Manufactured housing on permanent foundations as allowed in
Section 65852.3 of the California Governmental Code and Section
65852.3 of the California Government Code and Section 18551 of the
California Health and Safety Code provided the following criteria
is met. In cases where one or more of these criteria cannot be
met, such housing shall be subject to approval of the Planning
Director pursuant to the provisions of Section 9404 .00,
Architectural Review:
a. Roof overhangs must be designed as an integral part of the
roof structure, with a minimum overhang of 24 inches . . . ."
b. With the addition of the following:
'°e. The design of the residence shall be compatible with the
surrounding neighborhood ."
SECTION 9. Section 9201 .03C.2.c . of the Zoning Ordinance is amended to read
as follows:
"Corner• or reversed corner lots siding on a major or secondary thorough-
fare. . . ."
SECTION 10. Section 9201.03D. of the Zoning Ordinance is amended with the
addition of the following:
"11 . Yard Lighting
Any non-incandescent light source shall not be visible from off
the property and shall be so arranged to reflect light away from
adjoining properties and streets ."
SECTION 11 . Section 9202.01C.4. of the Zoning Ordinance is amended to read as
follows :
"Elderly board and care facilities provided property on which said use
is proposed is located one hundred fifty (150) feet from any R-1 zone
district."
SECTION 12. Section 9203.01C.6. of the Zoning Ordinance is amended to read as
follows :
"Elderly board and care facilities."
Ord. No. 1347
page 3
SECTION 13. Section 9204.01C. of the Zoning Ordinance is amended with the
addition of the following:
112. Bicycle Rental (indoor) in conjunction with resort hotels ."
SECTION 14. Section 9204.01D.8. of the Zoning Ordinance is amended to read as
follows :
"Elderly board and care facilities ."
SECTION 15. Section 9204.01D. of the Zoning Ordinance is amended with the
addition of the following:
"20. Sound stages , as an accessory use to a resort hotel ."
SECTION 16. Section 9204.03E.3.a., of the Zoning Ordinance is amended to read
as follows:
"Each lot shall have a side yard on each side of not less than 'ten (10)
feet, except, as otherwise provided; any portion of a structure in excess
of twelve (12) feet in height shall have a minimum setback equal to its
height if abutting any residential property."
SECTION 17. Section 9204 .03E.3. of the Zoning Ordinance is amended by
deleting the following:
"g. Any portion of a structure in excess of twelve (12) feet in height
shall have a minimum setback equal to its height if abutting any
residential zone."
SECTION 18. Section 9204.03E.4.2t. of the Zoning Ordinance is amended to read
as follows:
"Each lot shall have a rear yard of not less than 'ten (10) feet, except
as otherwise provided; any portion of a structure in excess of twelve
(12) feet in height shall have a minimum setback equal to its height if
abutting any residential zone."
SECTION 19. Section 9204.03E.4. of the Zoning Ordinance is amended by
deleting the following:
"g. Any portion of a structure in excess of twelve (12) feet in height
shall have a minimum setback equal to its height if abutting any
residential zones"
SECTION 20. Section 9205.01C. of the Zoning Ordinance is amended with the
addition of the following:
112. Bicycle Rental (indoor) in conjunction with a resort hotel ."
SECTION 21 . Section 9205.01D.1 .d. of the Zoning Ordinance is amended to reaid
as follows :
"Elderly Board and Care Facilities"
SECTION 22. Section 9205.01D. of the Zoning Ordinance is amended with the
addition of the following:
118. Sound stages , as an accessory use to a resort hotel ."
SECTION 23. Section 9209.01B.1. of the Zoning Ordinance is amended by:
a. deleting the following:
"d . Bicycle rental "
b. adding the following:
�.11) 3
uru. 140. 134/ of Y
Page 4
'°p. Valet cleaning service°°
SECTION 24. Section 9212.01B, of the Zoning Ordinance is amended with the
addition of the following:
117. Bicycle rental (indoor)"
SECTION 25. Section 9215.01C. of the Zoning Ordinance is amended with the
addition of the following:
118. Thrift shops operated by charitable organizations .°'
SECTION 26. Section 9216.01C. of the Zoning Ordinance is amended with the
addition of the following:
116. Thrift shops operated by charitable organizations .
7. Large-scale service retail outlets ."
SECTION 27. Section 9217.01A.7.a. of the Zoning Ordinance is amended to read
as follows:
"Automobile and truck (new) sales agencies , used vehicle sales shall be
permitted only in conjunction with new vehicle sales and shall consist
of not more than 50% of the vehicles displayed."
SECTION 28. Section 9217.01C. of the Zoning Ordinance is amended with the
addition of the following:
1-4. Automobile rental agencies .
5. Thrift shops operated by charitable organizations ."
SECTION 29. Section 9217.03K. of the Zoning Ordinance is amended to read as
follows:
"Outdoor storage and activities associated with permitted uses shall be
entirely enclosed by solid masonry walls to adequately screen view of
outdoor storage and/or equipment from the external boundaries of the
property. Items shall not be stacked or stored higher than wall . All
enclosures and stored materials must comply with Fire Department
requirements for access and fire protection.
No materials or wastes shall be deposited or stored in such form or
manner that they may be transferred off the lot by normally-occurring
natural causes or forces . Wastes which might cause fumes or dust or
which constitute a fire hazard or which may be edible by or otherwise be
attractive to rodents or insects shall be stored only in closed
containers in required enclosures ."
SECTION 30. Section 9219.00D.5. of the Zoning Ordinance is amended to read as
follows:
"Elderly board and care facilities ."
SECTION 31 . Section 9222.01. of the Zoning Ordinance is amended to read as
follows :
"A. Uses consistent with the General Plan Land Ilse Element permitted
subject to approval of a Planned Development District pursuant to
Section 9403.00.
B. Uses permitted subject to approval of a Land Use Permit pursuant
to Section 9402.01:
1. Agricultural
2. Caretaker's residence (1,000 sq. ft. max.)
3. Organized off-road vehicle tours
Ord. No. 1347
Page 5
C. Accessory uses customarily incidental to those roses permitted, and
to those uses approved as part of a Planned Development District."
S17CTION 32. Section 9222.02A.5. of the Zoning Ordinance is amended to read as
follows :
"The presentation of an Environmental Impact Report as provided for in
the California Environmental Quality Act."
SECTION 33. Section 9222.021B.2. of the Zoning Ordinance is amended to read as
follows:
"Presentation of data essential to the preparation of an Environmental
Impact Report, as required by the California Environmental Quality Act."
SECTION 34. Section 9222.03A.1. of the Zoning Ordinance is amended to read as
follows:
"The minimum area submitted for a Planned Development District shall be
40 acres , except that any lot created in compliance with applicable laws
and ordinances in effect at the time of its creation may be considered
for a Planned Development District."
SECTION 35. Section 9302.00E„6. of the Zoning Ordinance is amended to read as
follows:
"Where lots back up to or side on a fairway, as shown on Exhibit "E" ,
walls , fences , or hedges not to exceed a height of four and one-half
(41z) feet may be installed on the rear property line, When a lot sides
on an entrance to a fairway in such a manner that the normal private
yards are exposed to the street, a four and one-half (4z) foot high
wall , fence, or hedge may be constructed along the side property line;
on other side property lines , a six (6) foot 'high wall , fence or hedge
may be constructed provided it is reduced to a maximum of Four and one-
half (42) feet in height at the twenty (20) fool: fairway setback line."
and amending Exhibit E accordingly.
SECTION 36. Section 9303.00B. of the Zoning Ordinance is amended to read as
Follows :
"No mechanical equipment or duct work shall be allowed on the roof
unless concealed by roof structure which screens the equipment from view
from any vantage point or, possible future vantage point, including
buildings or developable hillside areas within 1320' unless otherwise
approved by the Planning Commission or the Director of Community
Development. Required screening shall be an integral part of the
architecture. The Planning Commission or the Director, of Community
Development may otherwise approve such equipment which may not meet this
requirement if it is located in an orderly fashion to blend in with its
surroundings ; in no case shall duct work be exposed.
All buildings and structures shall be in compliance with this provision
by January 6, 1993, or within five (5) years from the time any building
or structure becomes subject to these provisions due to its relationship
to an adjacent property or structure or public right-of-ways"
SECTION 37. The title of Section 9306.00C. of the Zoning Ordinance is amended
to read as follows:
"Parking Design Standards"
r
Ord. No. 1347 ' „., ;
Page 6
SECTION 38. Section 9306.000.3.a . of the Zoning Ordinance is amended:
a. to read as follows :
"Parking lot shading. Trees , of suitable eventual size, spread
and climatic conditioning, shall be placed throughout the parking
area to provide adequate shade For pedestrians and vehicles .
Shade trees shall be placed so as to shade the following amount of
the total parking area: . . . ."
b. by adding the following:
"Alternative: The Planning Commission may approve covered parking
structures to be incorporated into the landscape shading for the
purposes of providing equivalent shaded area."
SECTION 39. Section 9306.000.4. of the Zoning Ordinance is amended to read as
follows:
" . . .Illumination levels in parking areas which require lighting shall be
an average of one-foot candle with a ratio of average light to minimum
light of four to one (4:1) . . . ."
SECTION 40. Section 9306.00D.10. of the Zoning Ordinance is amended to read
as follows :
"Furniture, appliance stores , art galleries and interior decorators . . . ,"
SECTION 41 . Section 9306.00D.14. of the Zoning Ordinance is amended to read
as follows :
"Homes for the aged, sanitariums , children's homes , asylums , nursing and
convalescent homes . See Section 9402.00H.7."
SECTION 42. Section 9306.00D.19. of the Zoning Ordinance is amended to read
as follows:
"Mixed-Use Developments (with a gross floor area exceeding 20,000 sq.
ft. , including retail but excepting the C-B-D Zone) , One (1) space for
each two hundred fifty (250) square feet of gross floor area .
Additional parking need not be provided for restaurants provided that no
more than 25% of the total floor area of the whole complex is devoted to
restaurant use."
SECTION 43. Section 9306.00D.29.b. of the Zoning Ordinance is amended to read
as follows:
" . . .Mobile Home Parks = Two 2 s( ) spaces per mobile site.
(2) Guest Parking
In addition to the primary parking required above, one (1)
designated parking space per each four (4) units shall be provided
for guest parking, except that Mobile Home Parks shall provide
designated guest parking at a rate of one (1) space per each seven
(7) units , unless guest parking can be provided on a private
street. . . ."
SECTION 44. Section 9306.00E.7. of the Zoning Ordinance is amended to read as
follows:
"Tree wells/median islands shall have a planting area of six feet in
diameter/width."
SECTION 45. Section 9306.00E. of the Zoning Ordinance is amended to read as
follows:
. .Other dimensions as accepted by the Institute of Traffic Engineers
may be approved by the Planning Director or Planning Commission. . . ."
Ord . No. 1347
Page 7
SECTION 46. Section 9307 .01A.I. of the Zoning Ordinance is amended to read as
follows:
"Loading spaces shall be not less than twelve (12) feet in width, forty
(40) feet in length, and with fourteen (14) feet in vertical clearance,.
Loading areas shall be screened from view from adjacent properties and
streets ."
SECTION 47. Section 9307.02A.3 of the Zoning Ordinance is amended to read as
follows :
"Baffled openings to the enclosure are suggested , provided that if all
or a portion of the contents are stored in mechanically unloaded steel
bins of the Dempster type, a gate with a clear opening of nine (9) feet
shall be provided for access to the enclosure. Gate height shall be
equal to enclosure height, and the gate shall be equipped with a latch
or other device to insure the gate remains closed when not in use. The
gate shall be of a durable material , color, and design which will blend
with the enclosure. Contents of the enclosure shall riot be visible when
the gate is closed."
SECTION 48. Section 9308.03A.I .c .1) of the Zoning Ordinance is amended to
read as follows:
" . . .a) Whip Antennas
If the antenna is mounted on a building, the lower extremity of
the driven element shall be located not more than three (3) feet
above the surface of the roof, directly beneath the antenna . If
the antenna is not mounted on a building, the lower extremity of
the driven element shall be located not more than twelve (12) feet
above ground level , nor within any required yard except as
permitted by Section 9,106.01 .
b) Other Antennas
If the antenna is mounted on a building, no part of the antenna
structure shall extend to a height of more than six (6) feet above
the surface of the roof directly beneath the antenna , unless
screened from view. If the antenna is not mounted on a building ,
no part of the antenna structure shall extend to a height of more
than fifteen (15) feet above ground level , nor shall it be located
within any required yard except as permitted by Section 9406.01 ."
SECTION 49. Section 9313.00H.3. of the Zoning Ordinance is amended to read as
follows:
"Water mains and water systems shall be sized to provide sufficient
water to meet the fire, fighting requirements of the area involved. The
Fire Chief shall review proposed systems in relation to the Insurance
Services Office standards for water systems and make recommendations to
the Planning Commission."
SECTION 50. Section 9318.006.3. of 'the Zoning Ordinance is amended to read as
follows:
"Conditional Use Permit for Accessory Apartment. The requirements of a
conditional use permit shall be met and for an accessory apartment the
following shall apply:
a. The accessory apartment shall be attached to the primary dwelling.
b. The accessory apartment shall not contain more than 15% of the
living area of the primary dwelling.
C. The accessory apartment shall not exceed 1540 square feet.
Ord. No. 1347
Page 8
d. The accessory apartment shall not be in separate ownership from
the primary dwelling,
e. The accessory apartment shall be reserved for occupancy by no more
than two persons .
f. Any new construction associated with the accessory apartment shall
comply with all setbacks , coverage, height and design standards of
the zoning district and shall not alter the general appearance of
the primary dwelling as a single- family residence.
g. The accessory apartment shall have adequate sewer and water
services and shall not adversely impact traffic flow.
h. No more than one accessory apartment shall be allowed on a parcel .
i . The accessory apartment shall be serviced through the same utility
meters as the primary unit."
SECTION 51 . Section 9320.08--1 .d, of the Zoning Ordinance is amended to read
as follows:
"All political signs shall be removed within five (5) days after each
election date."
SECTION 52. Section 9320.08 of the Zoning Ordinance is amended with the
addition of the following:
117, Residential Rental Signs . In addition to other permitted signs ,
one 1 sign advertising the availability of any number of
residential units for rent may be permitted on the subject
property. Said sign shall not exceed two (2) square feet; it may
be double-faced and the colors shall be an ivory background with
brown letters. Said sign shall be removed at any time rental
units are not available."
SECTION 53. Section 9402.001-1e2.m. of the Zoning Ordinance is amended to read
as follows:
"Accessory commercial uses. Accessory or secondary non-automotive
commercial uses shall be prohibited except those uses customarily
incident to the service station use limited to vending machine sales of
soft drinks, coffee and 'tea, snacks , cigarettes , and maps . (Additional
uses may be added by Commission determination including incidental sales
other than those from a vending machine provided the sales area is
twenty-five (25) sq. ft. or less .) Display and storage of such uses
shall be totally within the principal building."
SECTION 54. Section 9402.00H. of the Zoning Ordinance is amended with the
addition of the following:
117. Elderly Board and Care Facilities shall comply with the following
provisions in addition to zone provisions and conditions imposed
in a Conditional Use Permit."
a. Density. The number of beds permitted in a facility shall
be determined by multiplying the number of units permitted
under the applicable zoning/general plan standards by the
average household size for the City of Palm Springs
according to the latest census figures .
b. Parking. The number of off-street parking spaces shall be
no less than the following, unless otherwise permitted by
the Planning Commission.
1. Independent living facilities . Three-quarters (3/4)
primary space per unit, plus one (1) designated guest
space for each five (5) units .
Ord. No. 1347
Page 9
2. Congregate care, assisted living, and board and care
facilities . One-half 1/2 primary space per bedroom,
plus one (l ) space for each three (3) employees .
3. Intermediate care and skilled nursing facilities .
One-quarter 1/4 primary space per bedroom, plus one
(1) space for each three (3) employees.
C. Annual Review. The operator of the facility shall submit to
the City of Palm Springs , on an annual basis, a copy of the
facility's current State license. The City may require
review of -the C.U.P. at the time of such review to determine
continued compliance with the conditions .
SECTION 55. Section 9404.00ID.5. of the Zoning Ordinance is amended to read as
follows:
"Harmony of materials., colors , and composition of those elements of a
structure, including overhangs , roofs , and substructures which are
visible simultaneously."
SECTION 56. Section 9404.00E.2. of the Zoning Ordinance is amended to read as
follows:
"Before any building or structure or landscape area described above is
erected, constructed, altered., moved, remodeled, or repainted a color
different than that; existing, an application for Architectural Approval
shall be submitted to the Planning Commission on forms provided by the
Planning Departments An application for new Construction and additions
shall include a preliminary landscape plan and drawings showing the
exterior elevation of sides of a proposed building or structure, the
types of materials and colors to be used, and the signs to be displayed .
The Planning Commission or the Director of Community Development may
authorize staff approval of minor applications. Applications which are
disapproved at the staff level may be appealed to the Planning
Commission ."
SECTION 57. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days alter passage.
SECTION 53. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this Ordinance, and to cause the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 4th day of aril 1990.
AYES: Councilmembers Apfelbaum, Broich, Foster; Neel and Mayor Bono
NOES: None
ABSENT: None
ATTEST CITY OF PALM SPRINGS, CAgFORNIA ,
By
City Clerk ` — M'y6r
REVIEWED & APPROVED: ��_�_ _
I HEREBY CERTIFY that the foregoing Ordinance 1347 , was duly
adopted by the City Council of the City of Palm Springs,
in a meeting therof held on the date shown above, and published
in the DESERT SUN, a newspaper of general circulation, print .
and published in said City on March 31 and April 12, 11.
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