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1418 - ORDINANCES - 7/15/1992
ORDINANCE NO. 1418 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO SPECIALTY MARFET PLACES; CHILD CARE CENTERS; SINGLE-FAMILY RESIDENCE PARKING; ADDITIONAL RETAI jSl:,RVICE USES IN COMMERCIAL/INDUSTRIAL ZONES; DOWNTOWN PARKING; SHOPPING CENTER SETBACKS, OUTDOOR USES IN COMMERCIAL ZONES; PARKING FOR HIGHRISE BUILDINGS; HANDICAPPED PARKING SPACES; MONUMENT & CUSTOMER CONVENIENCE SIGNS; ARCHITECTURAL REVIEW; AND VARIOUS OTHER MISCELLANEOUS AMENDMENTS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9100.10A.55, of the Zoning Ordinance is amended to read as follows: "CONVALESCENT HOME shall mean a facility licensed by the state department of public health, the state department of social welfare, or the County of Riverside, which provides bed and ambulatory care for patients with post-operative convalescent, chronic illness or dietary problems, and persons unable to care for themselves. " SECTION 2 . Section 9100. 10A.66. of the Zoning Ordinance is amended to read as follows: "DIRECTOR shall mean the Director of Planning E. Zoning of the City of Palm Springs. " SECTION 3 , Section 9100. 10A. 1.00. of the Zoning OrdiA-i6nce is amended to read as follows: "HOME FOR THE AGED shall mean the same as "Elderly Board & Care Facility. "" SECTION 4. Section 9100. 10A. 155. of the Zoning Ordinance is amended by deleting the following: "PICKUP CAMPER, also known as a pickup coach, shall mean a structure designed to be mounted on a pickup truck or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation, and vacation uses. " SECTION 5. Section 9100. 10A. 162 . of the Zoning Ordinance is amended to read as follows: "_RECREATIONAL VEHICLE shall mean a structure, with or without motive power, such as a travel trailer, pickup camper or motorized home, designed for temporary, short-term human habitation for recreational purposes. " "s SECTION 6. Section 9100.10A. 169 . of the Zoning Ordinance is amended �.,J �f" with the addition of the following: "f. Convenience Food & Beveraae Service shall mean the same as a Fast Food Service Establishment except that the preparation of food shall not require a full kitchen nor a grease trap. " q�6. 1 d 14fl8 Page 2 0 � Page 2 � SECTION 7. Section 9100.10A. 131. of the Zoning Ordinance is amended to read as follows: "SITE PHEW shall mean the review by the Planning Commission of a site plan and other studies to assist said Commission to deteznmine, the manner in which the applice'rit intends to make use of his property. The provisions of Section 9404. 00 shall apply. " SECTION 8. Section 9100. 10A. of the Zoning Ordinance is amended with the addition of the following: 11181.A SPECIALTY MFiRICET PLACE shall mean the use, rental or lease of stalls or areas inside of an enclosed building by vendors offering new goods or materials, or antiques, for sale. Where permitted, such goods or materials offered for sale shall be those ordinarily offered for sale by the permitted uses in the zone in which the specialty market place is located. " SECTION 9. Section 9100. 10A. cof the Zoning Ordinance is amended with the addition of the following: 11194.A SWAP MEET shall mean the use, rental or lease of stalls or areas outside of an enclosed building by vendors offering goods or materials for sale or exchange, not including public fairs, art exhibits or farmer's markets. " SECTION 10. Section 9100. 10A.200. of the Zoning Ordinance is amended by deleting the foll.owr:ing: "TRAVEL TRAILER shall mean a portable structure built upon a semi-trailer chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses. It is designed to be moved upon the highways without a special permit or chauffeur's license: and will have a maximum overall length of thirty-two (32) feet and it maximum over-all width of eight (8) feet. " SECTION 11. Section 9201.01LD.4. of the Zoning Ordinance is amended with the addition of the following: "Child care centers, provided the subject site is located on a major or secondary thoroughfare. " SEC.1'ION 12 . Section 9201. 03D.1. of the Zoning Ordinance is amended by deleting the following: "Garages may be detached from the main building in the R-1-A, R-1-AH, and hillside areas only. " SECTION 13 . Section 9201.03D.2 . of the Zoning Ordinance is amended by replacing the term " Community Development" with the term "Planning & Zoning" . SECTION 14. Section 9202.01C.4. of the Zoning Ordinance is amended to read as follows: "Elderly board & care facilities and convalescent homes provided property on which said use is proposed is located one hundred fifty (150) feet from any R-1 zone district. " SECTION 15. Section 9202. 01C. of the Zoning Ordinance is amended with the addition of the fallowing: 08. Child care centers, provided the subject site is located on a major or secondary thoroughfare. " Ord. No. 14i8 Page 3 SECTION 16. Sections 9203.01C.6. , 9204.01D.8. and 9205.01D.i.d. of the Zoning Ordinance are amended to read as follows: "Elderly board & care facilities and convalescent homes. " SECTION 17. Sections 9203.010.7. ti nd 9204.01D.9. of 'the Zoning Ordinance are amended to read as follows: "Child care centers." SECTION 18. Section 9205.01D. 1. of the Zoning Ordinance is amended with the addition of the following: "g. Child care centers" SECTION 19. Section 9208.01A. of the Zoning Ordinance is amended with the addition of the following: 1117. Convalescent homes. " SECTION 20. Section 9208.01 of the Zoning Ordinances is amended: eta by renaming subsection p°C;. " as subsections 0'D. 1° and b. with the addition of the following: "C. USES PERMITTED BY Lld3D USE PERMIT 1. Child care centar. te SECTION 21. Section 9209.OlA. of the Zoning Ordinance is amended with the addition of the following: 1151. Automobile parking lo•�s and structures as a main use. 52. Bicycle sales including accessory repair. 53. Drafting and art supply stores. 54. Pet shops, including pat grooming (no kennel facilities) . 55. valet cleaning service. " SECTION 22. Section 9209.01 of the Zoning Ordinance is amended as follows: a. by renaming subsection 11B. " as subsection 11C. ", b. by renaming subsection Ble. " as subsection 11D. 11; and C. with the addition of the following: "B. SIMILAR USES PERMITTED BY COMMISSION DETERMINATION The Commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, and not more obnoxious or detrimental to the public health, safety and welfare or to the other uses permitted in the Zone, as provided in Section 9401.00. All uses shall be subject to the standards in Section 9209. 03 . 11 SECTION 23. Section 9209.01C.1.e. of the Zoning Ordinance is amended with the addition of the following: "and photocopying" SECTION 24. Section 9209.01C. 1. 1. of the Zoning Ordinance is amended to read as follows: "Specialty marketplaces" SECTION 25. Section 9209.01C. l.o.4. of the Zoning Ordinance is amended by replacing the term "Community Development" with the term "Planning & Zoning". ,y,ry -(�/.[ 2 Ord. No. 1418 Page 4 SECTION 26. Section 9209.01C,ol.P. oi': the Zoning Ordinance is amended to read as follows: 1°Post Office branches" SECTION 27. Section 9209. 01C.4. of the Zoning Ordinance is amended with the addition of the following: 'Im. Tourism act:ivi:ties; kiosks" SECTION 28. Section 9209.O1D.l. of the Zoning Ordinance is amended by deleting the following: "Automobile parking logs and structures as a main use. " SECTION 29 . Section 9209.07.D. 12 . of the Zoning Ordinance is amended to read as follows: "Recreational facilities, commercial. 11 SECTION 30. Section 9209. 01D. 13 . of the Zoning Ordinance is amended by deleting the following: "Tennis Courts (including racquetball and handball) . 1n SECTION 31. Section 9209 . 03C, 2 .b. of the Zoning Ordinance is amended to read as follows: "Where a new building abuts any street, the setback shall, at the street level, be an average of at least 100001 from the property line. Trellises and covered walkways, subject to the provisions of Section 9404. 00 and to the approval of required agreements with the City, may be allowed within the setback area, and within the public right-of-way, provided the public walkway is unobstructed and said trellis or cover is setback a minimum of five (5) feet from the perimeter of any tree well. " SECTION 32. Section 9209. 03E. of the Zoning Ordinance is amended by deleting the following: "For the purpose of this subsection, "building height" shall be the distance between ground level and the roof level of any building, disregarding Y111nor variations due to parapets required by Building Code regulations. Where ground levels vary within the length of any property, the average of the slope shall be the point of reference at ground level.. 2 . 11 SECTION 33. Section 9209 .04A. of the Zoning Ordinance is amended to read as follows: 111. Where existing structures are to remain or be remodeled without an increase in floor area, no additional parking or in-lieu payment will be required. 2. Where existing structures are to be remodeled to expand the structure, additional parking shall be provided or a payment :into the off-street parking fund in the: amount provided by City Council resolution shall be required in relation to the increase in floor area only. 3 . Where new structures are 'to be considered on vacant land or are to replace existing structures, parking, as required by the Zoning Ordinance, shall be provided or a payment into the: off-street parking fund in the amount provided by City Council resolution shall be required. " Ord. No. 1418 Page 5 SECTION 34. Section 9209.04D. of the Zoning Ordinance is amended to read as follows: 11. . . More than one lot and/or owner may form agreements in the C-D-r Zone to al.l,ow co-anr,cj�nu unng8 of leading areas, provided t&,at tla(�,, total floor area covered by the agreement does riot exceed the specifiedi requirements and that only buildings which are determined by the Director of Planning & Zoning to be readily accessible to the common loading space(s) shall be included. " SECTION 35. Section 9210.01A.10. of the Zoning Ordinance is amended to read as follows: "Drug or variety stores limited to the sale of merchandise that can be carried out by the customer. Sale of major furniture items or appliances is prohibited. " SECTION 36. Section 9210.01 of the Zoning Ordinance s amended as follows: a. by renaming subsection 11B." as subsection p1C. 11; b. by renaming subsection 11C. " as subsection I1D."; and C. with the addition of the fallowing: 11B. SIMILAR USES PERMITTED BY COMMISSION DETERMINATION The Commission may, by resolution of record, permit any other uses which: it raday determine to be similar to those listed above, and not more obnoxious or detrimental to the public health, safety and welfare or to the other user permitted in the Zone, as provided in Section 9401. 00. All uses shall be subject to the standards in Section 9210. 03 . 11 SECTION 37 . Section 9210.01D. of the Zoning Ordinance is amended with the addition of the following. 116. Family pool parlors. p0 SECTION 38. Section 9210.03H. of the Zoning Ordinance is amended to read as follows: 1ll. The provisions of S6cUiox 9307.00 shall apply. 2. Loading docks, which are located within one hundred fifty (150) feet of a residential zone boundary, shall be screened from view from the residential area. " SECTION 39. Section 9210.03J. of the Zoning Ordinance is amended to read as follows: "All goods, wares, merchandise, produce and other commodities which are stored, repaired, offered or displayed for sale or exchange shall be housed in permanent buildings with the following exceptions: a. Automobile service stations (pursuant to Sec. 9402.00H.2.j . ) . b. Plant nursery sales, limited to living plants. C. Activities and uses outlined in Section 9210.01C. (Uses Permitted by Land Use permit) ." Orel. No. 1418 , Page 6 yW SECTION 40. Section 9211..0:1. of t:he Zoning Ordinance is amended as follows: a. by renaming subsectieoia 11B. 4° as subsection 'IC. "; b. by renaming subsection 01C. 11 as subsection "D. "; ,and C. with the addition of the following: "D. SIMILAR. USES PEP:441ITTED BY COMMISSION DETERMINATION The Commission may, by resolution of record, permit any other uses which it may determine to be isimilar to those listed above, and not more obnoxious or detrimental to the public health, safety and welfare or to the other uses permitted in the Zone, as provided in Section 9401.00. All uses shall be subject to the standards in Section 9210. 03. 01 SECTION 41. Section 9211. 01A. of the Zoning Ordinance is amended with the addition of the following: 1'3. Bowling alleys. 4. Home improvement centers. 5. Roller or ice skating facilities. 6. Theaters. " SECTION 42 . Section 9211.01D.2. of Lhe Zoning Ordinance is amended by deleting the following: "Bowling alleys, provided the bowling alley portion of the structure shall be suitably sound--proofed and alleys mounted on suitable structure,,; to prevent transmission of noise and vibration. " SECTION 43. Section 9211.01D.5. of the Zoning Ordinance is amended to :read as follows: "Churches, free-standi.ng. 11 SECTION 44. Section 9211. 01D. 6. of the .Zoning Ordinance is amended to :read as follows: "Recreation centers, not ot.hererise regulated. herein. " SECTION 45. Section 9211.01D. of the Zoning Ordinance is amended by deleting the following: 117. Theaters." SECTION 46. Section 9211. 03D.2. of the Zoning Ordinance is amended to read as follows: "Where the C-S-C Zone abut:", a street, there shall be a minimum yard abutting said street as follows: a. Twenty-five (25) percent of the total site frontage may have buildings constructed 25 feet from the property line. The remainder of the site must have a :minimum setback of 35 feet from the property line. b. All parking must be set back a minimum of twenty (20) feet from the property line. " Ord. No. 1418 Page 7 SECTION 47. Section 9211.03D.3. of the Zoning Ordinance is amended to read as follows: "Where the C-S-C Zone abuts property in any residential zone, there shall be a yard of not lest than fifty (50) feet. A wall no less than six (S) fee' h-ahei�,jht shall be installed on the zone boundary line; a wall no greater than eight (8) feet in height may be installed with Planning Commission approval. Said yard may be used for parking or drives provided the ten (10) feet nearest the wall is densely landscaped. " SECTION 48. Section 9211.03H. of the Zoning Ordinance is amended to read as follows: 011. The provisions of Section 9307. 00 shall apply. 2. Loading docks, which are located within one hundred fifty (150) feet of a residential zone boundary, shall be screened from view from the residential area. " SECTION 49, Section 9211.035. of the Zoning Ordinanc.e is amended to read as follows: "All goods, wares, merchandise, produce and other commodities which are stored, repaired, offered or displayed for sale or exchange shall be housed in permanent buildings with the following exceptions: a. Automobile service stations (pursuant to Sec. 9402.00H.2.j . ) . b. Plant nursery sales, limited to living plants. C. Activities and uses outlined in Section 9211.01C. (Uses Permitted by Land Use joeLrmit) . 11 SECTION 50. Section 9212 .01 of the Zoning Ordinance is amended as follows: a. by renaming subsection 11B. " as subsection 11C. "; b. by renewing subsection 11C. " as subsections I'D. "; and C. with the addition of the following: 11B. SIMILAR USES PERMITTED h'Y COMMISSION ➢7ETERMINATION The Commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, and not more obnoxious or detrimental to the public health, safety and welfare or to the other uses permitted in the Zone, as provided in Section 9401.00. All uses shall be subject to the standards in Section 9212. 03. 11 O Ord. No. 1418 f"/J Page 8 � SECTION 51. Section 9212.01C. is amended to read as follows: 111. Indoor Asses a. Automotive r6.,ntal ags;rncios as part of a resort hotel. The following standards shall apply: 1. Standards prescribed. in Section 9204.01A.2. , Accessory Commercial Uses for Resort Hotels shall be complied with. 2. Number of vehicles stored at the 'location shall be li:mixed to the number necessary to serve the hotel only. 3. No service or repair facilities for the vehicles shall be permitted at the hotel site. 4. Said use shall be permitted only if the hotel contains an adequate number of parking spaces in accordance with the provisions of Section 9306.00 of the Zoning Ordinance. b. Bicycle rental. C. Catering in conjunction with permitted main use. d. Child care centers. e. Farmers' markets,. f. Festivals and ear.hibits. g. Ice cream parlors. h. Restaurants within mixed-use developments. i. Take-out food service in conjunction with permitted restaurant use. j . Conversion of s, isting upper-story floor area to apartments. The following standards shall apply: 1. Each unit shall contain complete kitchen and sanitary facilities. 2. No outdoor storage may be visible from any street.. 3. Such conversion shall be subject to applicable building code provisions. 4. Additional standards as deemed appropriate by the Director of Planning & Zoning, including considerations for open space, parking and trash collection. k. Valet cleaning service. 2. Outdoor Aseg as an accessory to a permitted main use and located on the same property as the permitted use. a. Art displays b. Artisans, artiets, C. Car shows d. Christmas tree sales not as an accessory use to a main use e. Display cases in malls or courts f. Farmers' markets g. Fashion shows h. Festivals, exhibits and special events i. Florists j . Musicians/entertainment (subject to provisions of Noise Ordinance) k. Plant and floral sales and displays 1. Postcard displays (limited to one per store frontage) M. Theatre and public assembly n. Vending carts dispensing the following: 1. Food 2. Beverages 3. Crafts 4. Floral items 5. Other uses as determined :by the Planning Commission o. Recycling collection centers Ord. No. 1418 Page 9 3. Outdoor Uses as an accessory to a permitted main use and located on public property including the public right-of- way (streets and sidewalks) a. Art displays b. Artisans, artists C. Festivals, exhibits and. special events d. Florists e. Musicians/entertainment (subject to provisions of Noise Ordinance) f. Outdoor dining i:acluding1 beverage service g. Plant and floral sales and displays h. Vending carts dispensing the following: 1. Food 2. Beverages 3. Crafts 4. Floral items 5. Other uses as determined by the Planning Commission 4. Outdoor uses located on public property including the public right-of-way (streets and sidewalks) when conducted in a designated area approved by the City Council and undertaken as part of a festival, event or program to promote commercial, artistic or cultural activity in the downtown area. a. Art displays b. Artisans, artists C. Car shows d. Farmers" marketo e. Fashion shows f. Festivals, exhibits and special events g. Florists h. Musicians/entertainment (subject to provisions of Noise Ordinance) i. Outdoor dining includiaag beverage service j . Plant and floral sales and displays k. Theatre and public assembly 1. Vending carts dispensing the following: 1. Food 2. Beverages 3. Crafts 4. Floral items 5. Antiques and collectibles 6. Other uses as determined by 'the Planning Commission" SECTION 52. Section 9212.02 of the Zoning Ordinance is amended with the addition of the following: "G. Thrift shops not operated by charitable organizations. " SECTION 53. Section 9212 .03K. of the Zoning Ordinance is amended to read as follows: All goods, wares, merchandise, produce and other commodities which are stored, repaired, offered or displayed for sale or exchange shall be housed in permanent buildings with the following exceptions: a. Outdoor dining as an accessory to, and 'located on the same property as, a permitted restaurant use. b. Activities and uses permitted by Land Use Permit as outdoor uses. Ord. No. 1418 Page 10 7 /0 SECTION 54. Section 9213 . 0.1A.2.y. of the Zoning Ordinance is amended to read as follows,. "Offices (all types except contractors) " SECTION 55. Section 9213.01A.2. of ',she Zoning Ordinance is amended with the addition of the following: 11jj . Blueprinting and photocopying. kk. Radio and television stations.01 SECTION 56. Section 9213.01C. of: the Zoning Ordinance is amended to read as follows: 111. Indoor Uses a. Automotive rental agencies as part of a resort hotel. The following standards shall apply: 1. Standards prescribed in Section 9204.01A.2. , Accessory Commercial Uses for Resort Hotels shall be complied with. 2. Number of vehicles stored at the location shall be limited to the number necessary to serve the hotel only. 3. No service or repair facilities for the vehicles shall be permitted at. the hotel site. 4. Said use shall be permitted only if the hotel contains an adequate number of parking spaces in accordance with the provisions of Section 9306.00 of the Zoning Ordinance. b. Catering in conjunction with permitted main use. C. Child care centers. d. Farmers' markets. e. Festivals and e%h.ibits. f. Ice cream parlors,. g. Restaurants within Yadiced-use developments. h. Take-out food service in conjunction with permitted restaurant use. 2. Outdoor Uses as an accessory to a permitted main use and located on the same property as the permitted use. a. Art displays b. Artisans, artists C. Car shows d. Christmas tree sales not as an accessory use to a main use e. Display case!S in malls or courts f. Farmers' markets g. Fashion shows h. Festivals, exhibits and special events i. Florists J . Musicians/entert.a.inment (subject to provisions of Noise Ordinance) k. Outdoor dining including beverage service 1. Plant and floral sales and displays M. Postcard displays (limited to one per store frontage) n. Theatre and public assembly o. Vending carts dispensing the following: 1. Food 2. Beverages 3. Crafts 4. Floral items, 5. Other uses as determined by the Planning Commission Ord. No. 1418 Page 11 3. outdoor Uses as an accessory to a permitted main use and located on public property including the public right-of- way (streets and sidewalks) . a. Art displays b. Artisans, artists C. Festivals, exhibits and special events d. Florists e. Musicians/entertainment (subject to provisions of Noise Ordinance) f. Outdoor dining including beverage service g. Plant and floral. sales and displays h. Vending carts dispensing the following: 1. Food 2. Beverages 3. Crafts 4. Floral items 5. Other uses as determined by the Planning commission 4. Outdoor_uses located on public property including the public right-of-way (streets and sidewalks) when conducted in a designated area approved by the City Council and undertaken as part of a festival, event or program to promote coiiaaes:cial, artistic or cultural activity in the downtown area. a. Art displays b. Artisans, artists C. Car shows d. Farmerst markets e. Fashion shows f. Festivals, exhibits and special events g. Florists h. Musicians/enterte,inment (subject to provisions of Noise Ordinance) i. Outdoor dining including beverage service j . Plant and floral sales and displays k. 'Theatre and public assembly 1. Vending carts dispensing the following: 1. Food 2. Beverages 3. Crafts 4. Floral items 5. Antiques and collectibles 6. Other uses as determined by the Planning Commission" SECTION 57. Section 9213.02A.2. of the Zoning Ordinance is amended to read as follows: "Automobile sales agencies. " SECTION 58. Section 9213.02A.5. of the Zoning Ordinance is amended by deleting the following: "Blueprinting and photostating. °B SECTION 59. Section 9214.01A. of the Zoning Ordinance is amended with the addition of the following: 1119. Supermarket" 1J11 Ord. No. 1418 Page? 12 016 SECTION 60. Section 9214.01C. of the Zoning Ordinance is amended to read as follows: e11. Indoor Uses a. Automotive regal agencies. b. Catering in conjunction with permitted main use. C. Child care venters. d. Estate sales. e. Farmers' markets. f. Festivals and exhibits. g. Ice cream parlors. h. Nurseries, including outdoor storage of plants only. i. Recycling collection centers as an accessory use. j . Restaurants within mixed-use developments in excess of 20,000 sq. ft:, of floor area. k. Take-out food service in conjunction with permitted restaurant use. 1. Thrift shops. 2. Outdoor Uses as an accessory to a permitted main use and located on the same property as the permitted use. a. Art displays b. Artisans, artists C. Car shows d. Christmas tree sales noL as an accessory use to a main use e. Display cases in malls or courts f. Farmers' markets g. Fashion shows h. Festivals, exhibits and special a%rents i. Florists j . Mus:i.cians/eirrtert:rarinment (subject 'to provisions of Noise Ordinance) k. Plant and floral. sales and displays 1. Postcard displays (limited to one per store frontage) M. Theatre and public assembly n. Vending carts dispensing the following: 1. Food 2. Beverages 3. Crafts 4. Floral iteaass 5. Other uses as determined by the Planning Commission 3 . Outdoor Uses as an accessory to a permitted main use and located on public property including the public right-of- way (streets and sidewalks) . a. Art displays b. Artisans, artists C. Festivals, exhibits and special events d. Florists e. Musicians/entertainment (subject to provisions of Noise Ordinance) f. Outdoor dining including beverage service g. Plant and floral. sales and displays h. Vending carts dispensing the following: 1. Food 2. Beverages 3. Crafts 4. Floral items 5. Other uses as determined :by the Planning Commission Ord. No. 1418 Page 13 4. Outdoor uses located on public property including the public right-of-way (streets and sidewalks) when conducted in a designated area approved by the City Council and undertaken as part of a festival, event or program to prorrtiote co�uor rcial, artistic or cultural activity in the do7syntovrn area. a. Art displays b. Artisans, artists C. Car shows d. Farmers' markets e. Fashion shows f. Festivals, exhibits and special events g. Florists h. Nusicians/entertainment (subject to provisions of Noise Ordinance) i. Outdoor dining including beverage service j . Plant and floral sales and displays k. Theatre and public assembly 1. Vending carts dispensing the following: 1. Food 2. Beverages 3. Crafts 4. Floral items 5. Antiques and collectibles 6. Other uses as determined by the Planning Commission" SECTION 61. Section 9215. 01A.2. of the Zoning Ordinance is amended to read as follows: "Automobile and truck ,ales (at least 506 of vehicles displayed for sale shall be new) , repair garages, and re- upholstering (all service and repair within an entirely enclosed building) " SECTION 62. Section 9215.01C. of the Zoning Ordinance is amended with the addition of the following! 119. Tire recycling (interior) as an accessory to a permitted main auto use. 10. Child care centers." SECTION 63. Section 9216.01A. of the Zoning Ordinance is amended with the addition of the following: 111. Painting and powder coating (within an entirely enclosed building) . " SECTION 64. Section 9216.01D. of the Zoning Ordinance is amended with the addition of the following: "11. Automobile and truck repair garages, and re-upholstering (all service and repair within an entirely enclosed building) . " SECTION 65. Section 9217.01A.3.a. 1) of the Zoning Ordinance is amended to read as follows: "Automotive repair and reconditioning" SECTION 66. Section 9217.01A.3.g. of the Zoning Ordinance is amended with the addition of the following: 117) Painting and powder coating" SECTION 67. Section 9217.01A. of the Zoning Ordinance is amended with the addition of the following: 119. Agricultural greenhouses00 l P 10. 14].8 Page Wr age 14 �9 SECTION 68. Section 9217.01C. 3. of the Zoning Ordinance is amended to read as follows: "Vehicle impound yards and towing services. " SECTION 69. Section 9217.01C. oii. tho zc)kuing ordinance is amended with the addition of the following: 116. Tire recycling (ilflt-eri0r) as an accessory to a permitted main auto use." SECTION 70. Section 9217.O1LD. of the Zoning Ordinance is amended with the addition of the following: 1115. Video/amusement arcades as a primary or secondary use subject to the provisions of Section 9316.00. 11 SECTION 71. Section 923.7.03E. of the 'Zoning Ordinance is amended to read as follows: "WALLS AND LANDSCAPING Walls and landscaping shall be installed as required in Section 9302.00 or as stated in Section 9217 .03D. above. All walls shall be constructer]. of solid masonry materials. Exception: Walls shall. not exceed eight (8) feet in height in any interior side or a:,ear yard. 11 SECTION 72. Section 9302.0012. of the Zoning Ordinance is amended as follows: a. by renaming subsection 116 11 as subsection 115. 11; and b by renaming subsection 115. 11 as subsection 116. 11 SECTION 73. Section 9303.00A. of the Zoning Ordinance is amended to read as follows: "Roof structures for the- housing of elevators, skylights and required stairways, or the scs:eening of mechanical equipment, and chimneys may be erected above the height limits herein prescribed when approved by the Director of Planning & Zoning or the Planning Commission. . . ." SECTION 74. Section 9303.00B. of the Zoning Ordinance is amended by replacing the term "Community Development" with the term "Planning & Zoning" . SECTION 75. Section 9304.00E. of the Zoning Ordinance is amended by deleting the following: "Fifty (50) percent of the; required parking provided for a highrise building shall. be located underground. " SECTION 76. Section 9304.00F. of the Zoning Ordinance is amended to read as follows: "Highrise buildings :shall be designed to insure that each structure fits into the resort character of 'the community and blends in with the natural surroundings." SECTION 77. Section 9306.00C.6. of the Zoning Ordinance is amended by replacing the term "Planning Director" with the term "Director of Planning & Zoning". Ord. No. 1418 Page 15 SECTION 78. Section 9306.00C.10. of the Zoning Ordinance is amended to read as follows: "Handicapped Parking Spages (for all projects other than single-family residential development) . If parking spaces are provided for self-parking by employees or visitors, or both, then accessible spaces complying with this section and State and federal guidelines shall be provided according to the table below. These spaces need not be provided in the particular parking lot but may be provided in a different location, subject to Section 9306.o0B. and approval by the Director of Planning & Zoning, if equivalent or greater accessibility, cost and convenience is ensured. Total Number of Minimum Number of Parking Spaces Provided Handicap Spaces Required 1 - 25 spaces 1 space 26 - 50 spaces 2 spaces 51 - 75 spaces 3 spaces 76 - 100 spaces 4 spaces 101 - 150 spaces 5 spaces 151 - 200 spaces 6 spaces 201 - 300 spaces 7 spaces 301 - 400 spaces 8 spaces 401 - 500 spaces 9 spaces 501 - 1000 spaces 2% of total 1001+ spaces 20, plus 1 for each 100 total spaces over 1000 At facilities providing medical care and other services for persons with mobility impairments, parking space shall be provided according to the table above except as follows: a) Outpatient units and facilities: 10% of the total number of parking spaces provided serving the unit or facility. b) Units and facilities that specialize in treatment or services for persons with mobility impairments: 20% of the total number of parking spaces provided serving the unit or facility. Individual spaces shall be 9' wide plus a 5-foot walkway at the right side; two spaces can share a common walkway. Ramp access shall be provided from the parking area to the interior walkway system. One in every eight accessible spaces, but not less than one, shall be served by an eight-foot walkway at the right side and shall be designated as "van accessible". " SECTION 79. Section 9306.00D.18. of the Zoning Ordinance is amended by replacing the term "Planning Director" with the term "Director of Planning & Zoning". SECTION 80. Section 9306.00D. 19. of the Zoning Ordinance is amended with the addition of the following: "The percentage of floor area devoted to restaurant uses without additional parking may be increased by the Planning Commission where it finds that the nature of the use will not require increased parking, that other adequate arrangements exist to satisfy the parking demand or that other similar factors exist. " SECTION 81. Section 9306.00D.29.a. of the Zoning Ordinance is amended to read as follows: "Single-family homes. Two (2) spaces for each dwelling unit, within a garage or carport. Trellises, or other construction providing a 70% shade factor, may be used." r POrd.age 16 1418 0/(p Page 16 SECTION 82 . Section 9306.00D.29.b. (3) of the Zoning Ordinance is amended to read as follows: "One (1) covered parking apace shall be provided for each unit. Trellises pa-ovid:ing va 70% shade factor :[may be used. SECTION 83. Section 9306.00][P. of the Zoning Ordinance is amended by replacing the term "Planning Director" with the germ "Director of Planning & Zoning". SECTION 84. Section 9315.00D. of the Zoning Ordinance is amended to read as follows: "All time-share projects shall be subject to it:he provisions of Chapter 3.24 of the Palm Springs Municipal Code. " SECTION 85. Section 9316.00B.I. of the Zoning Ord-inance is amended to read as follows: "Video/amusement arcades as a primary or secondary use shall be permitted in C-D-N,, C-1, C-2, C-S-C, M-1, A and 0 Zones subject to the requirements of a Conditional Use Permit. Video/amusement arcades as a secondary use shall be permitted in conjunction with resort hotels in R-2, R-3, R-4, R-4VP, C- B-D and C-1AA Zones subject to the approval of a Conditional Use Permit." SECTION 86. Section 9316.00B.2.a. (4) of the Zoning Ordinance is amended by replacing the term "Community Development" with the term "Planning & Zoning". SECTION 87. Section 9320.05A,2. of the Zoning Ordinance is amended to read as follows: "Signs for Commercial and Industrial Uses_ Except as otherwise provided in this Section, each separate business shall be limited to one (1) main sign. Where the sign is located at a right angle to the right-of-way, each face may be allowed 75% of the area otherwise permitted for a main sign. Relative thereto, the following provisions shall apply: . . . " SECTION 88. Section 9320.05B.2.b. of the Zoning Ordinance is amended to read as follows: "Menu/Services, etc. One osign not more than six (6) square feet in size shall be allowed. Menu boards may be allowed in outdoor seating areas or adjacent to restaurant entrances provided pedestrian movement is not obstructed and that such signs are not located wi'thi.n the public right-of-way. "' SEC.CION 89. Section 9320.05C.1.b. of the Zoning Ordinance is amended to read as follows: "In addition to the signs for public safety, and convenience authorized by Section 9320.09B. 1. , the Director of Planning & Zoning may authorize and approve instructional or directional signs not to exceed two (2) square feet per face when deemed necessary for the convenience of patrons of gasoline service stations. " SECTION 90. Sections 9320.05C.6. , 9320.09A. 3. , and 9320.09A.4. of the Zoning Ordinance are amended by replacing the term "Community Development" with the term "Planning & Zoning". Ord. No. 1418 Page 17 SECTION 91. Section 9320.09A.5. of the Zoning Ordinance is amended to read as follows: "Special Permits. Nothing herein contained shall prevent the Director of Planning & Zoning from granting a temporary special permit or other-ui s psr-aaittinzg, on such terms as ho may deem proper, signs advertising or pertaining to any civic, patriotic or special event of general public interest which takes place within the City, which event is likely to attract substantial numbers of visitors to the community, when it can be found that such signs will not be materially detrimental to the public welfare, interest or safety, nor injurious to adjacent property. Such signs shall be permitted prior to and during such events." SECTION 92. Section 9402.00A.2.h. of the Zoning Ordinance is amended to read as follows: "Large-scale shopping centers (site of ten (10) acres or more) planned as integrated developments, subject to property development standards set forth in the C-D-N Zone, Section 9210.00, or the C-S-C Zone, Section 9211.00, as appropriate, and Section 9402.00H.6. , plus such other conditions as are deemed necessary." SECTION 93. Section 9402.00A.2. of the Zoning Ordinance is amended by deleting the following: "o. Child Care Center's, le SECTION 94. Section 9402.00B. of the Zoning Ordinance, is amended as follows: a. by replacing the term "Planning Division" with the term "Department of Planning & Zoning"; and b. by replacing the term "Planning Director" with the term "Director of Planning & Zoning" . SECTION 95. Section 9402.000. 1. of the Zoning Ordinance is amended by replacing the term "Community Development" with the term "Planning & Zoning". SECTION 96. Section 9402 . 00H. 1.a. (d) of the Zoning Ordinance is amended to read as follows: "Any business involving any sale of liquor or alcoholic beverages." SECTION 97. Section 9402.00H. l.c. of the Zoning Ordinance is amended to read as follows: 111) Each use shall have a business entrance adjacent to the required parking area. 2) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and Building & Safety Department regulations and standards. 3) All building openings, entries, windows, etc. shall be located, covered or screened in such a manner as to prevent a view into the interior from outside the building, subject to Section 9404.00 (Architectural Review) . L � Ord. No. 1418 Page 18 SECTION 98. Section 9402.00H.1.c. of the Zoning Ordinance is amended with the addition of the following: 11 (7) No non-adult use shall be permitted in -the same building space while used as an adult: entertainment establishment. 0° SECTION 99. Section 9402.00H.7. of the Zoning Ordinance is amended to ,read as follows: "Elderly Board & Care Facilities and.. Convalescent Homes shall comply with the following provisions in addition to zone provisions and conditions imposed in a Conditional Use :Permit. 11 SEC7CION 100. Section 9402.01 of the Zoning Ordinance is amended as follows: a. by replacing the term "Community Development" with the term "Planning & Zoning"; and b. by replacing the term "Planning Division" with the term "Department of Planning & Zoning". SECTION 101. Section 9402.01C.2.a. of the Zoning Ordinance is amended with the addition of the following: 117) Lighting" SECTION 102. Section 9404.00C. of the Zoning Ordinance is amended by deleting the following: "ARCHITECTURAL ADVISORY COMMITTEE The City Council creates by this Ordinance an Architectural Advisory Committee which shall be a committee responsible to and appointed by the Pl.anraing Commission. The Architectural Advisory Committee shall. consist of at least rive (5) members, of whom two (2) shall be licensed architects, one (1) shall be a licensed landscape architect or landscape contractor, and two (21 shall be members of the Planning Commission. Alternates of similar qualifications may be appointed to serve in the absence of regular members. The Chairman of the Architectural Advisory Committee shall be appointed by the Planning Commission. " SECTION 103. The title of Section 9404.00D. of the Zoning Ordinance is amended to read as follows: "ARCHITECTURAL REVIEW GUIDELINES" SECTION 104. Section 9404. 00D. of the Zoning Ordinance is amended to read as follows: "The Planning Commission shall examine the material submitted with the Architectural Approval application and specific aspects of design shall be examined to determine whether the proposed development will Provide a desirable: environment for its 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. Conformance will be evaluated based on consideration of the following: . . . 11 SECTION 105. Section 9404.00 of the Zoning Ordinance is amended as follows: b. by replacing the term "Planning Departments" with the term "Department of Planning & Zoning"; and C. by replacing the term "Community Development" with the term "Planning & Zoning". Ord. No. 1418 Page 19 SEC°PION 106. Section 9404.00E.3. of the Zoning Ordinance is amended to read as follows: "Said application for Architectural approval shall be submitted. t© the Planning Co-i:i fission within forty-five (45) days after it has been acaspted as complete by the Department of Planning & Zoning. The staff shall make recommendations on each application to the Planning Commission. " SECTION 107. Section 9404.00E. of the Zoning Ordinance is amended by renaming subsection 114." as subsection 115." with such subsection amended to read as follows: "The Planning Commission, after considering the staff recommendation, shall either approve, conditionally approve, or deny an application for Architectural Approval. The action of the Planning Commission shall be final unless appealed to the City Council pursuant to the provisions of Chapter 2.05 of the Palm Springs Municipal Code. " SECTION 108. Section 9404.00E. of the Zoning Ordinance is amended with the addition of the following: 114. The Director of Planning & Zoning may appoint a Design Review Committee to assist staff in making recommendations on each application. Such Committee should consist of at least five (5) members of whom three (3) should be licensed architects, one (1) should be a licensed landscape architect or landscape contractor, and one (1) should be an interior designer. The Design Review Committee shall meet as needed and shall. be chaired by staff." SECTION 109. Section 9404.00E. of the Zoning Ordinance is amended by deleting the following: DI5. The approval, with or without conditions, or denial by the Planning Commission of an application for Architectural Approval shall be final unless appealed to the City Council pursuant to the provision of Chapter 2.05 of the Palm Springs Municipal Code. " SECTION 110. Section 9404.00 of the Zoning Ordinance is amended by deleting the following: "I. PREVIOUSLY APPROVED PROJECTS Projects approved prior to the adoption of Subsection F as stated above may apply for consideration of a time extension under the provisions of this section within one year from the effective date of this Ordinance amendment. Such projects shall be subject to all new applicable regulations." SECTION 111. The Zoning Ordinance is amended with the addition of the following: "SECTION 9226.00 "D" DOWNTOWN PARKING COMBINING ZONE A. The economic growth and development of the Downtown is affected by the development regulations of this Ordinance. The "D" Downtown Parking Combining Zone is intended primarily to provide for adequate parking while recognizing the characteristic of shared parking which is unique to the Downtown. It is intended that this Section be reviewed three years from the date of its adoption for assessment of its standards. B. The "D" Zone may be established only in conjunction (as a combining zone) with other zones. 4?-Y1 1 7 Ord. No. 1418 Page 20 l C. Uses within the Downtown Parking Combining Zone shall provide numbers, sizes and layout of spaces in accordance with Section 9306.00 except as otherwise noted below: 1. Offices (all types) . One. (1) space for each three hundred twenty-five (325) sq. ft. of gross floor area. 2. Places of Public_ Assembly. One (1) space for every five (5) seats, if seats are fixed; one (1) space for each two hundred fifty (250) square feet of assembly area, which does not include foyers, corridors, :restrooms, kitchens, storage and other areas not intended for the assembly of people, if seats are not fixed. 3. Residential Uses. One (1) covered primary space for each dwelling unit. In addition, one (1) parking space per each four (4) units shall be designated for guest parking. 4. Restaurants,_ Except as otherwise noted, one (1) space for every four (4) seats. a. Convenience food & beverage service. One (1) space for every four hundred (400) square feet of gross floor area where the public is served.. b. Outdoor d.ini.na. ancillary bars/waiting areas. One (1) space for every eight:: (8) seats. C. Ancillary live entertainment, food/beverage carts. No requirement. d. Bankuet: lfa:1ls - Rriyate club:__ One: (1) space for every eight (8) seats. 5. Retail. One (1) space for each four hundred (400) square feet of gross floor area. 6. Mixed-use Developments, which exceed twenty thousand (20, 000) sq. ft. of gross floor area. One (1) space for each three hundred seventy-five (375) square feet of gross floor area. 7. On-Street PairkinyL_gredit:. At the discretion of the Planning Commission, mixed-use developments within the "D" Downtown Parking Combining Zone may be credited for on-street parking spaces, which are directly adjacent: to the development, against the requirement for off-street parking spaces at the rate of one-half off-street space for every on- street space. The granting of this credit shall be dependent on the provision of additional open space, landscape, decorative materials or other pedestrian-related amenities above that required by this Ordinance." SECTION 112. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 113. 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. Ord. No. 1418 Page 21 ADOPTED this 15th dal' of July 1992. AYES: Counncilmembers Hodges, Lyons, Reller, Schlendorf and Mayor Maryanov NOES: None 2ussEmT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City--Clerk Mayor ' REVIEWED & APPROVED: Ae/., I HEREBY CERTIFY that the foregoing Ordinance 1418 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 15th day of July, 1992, and that same was duly published in the DESERT SUN, a newspaper of general circulation on July 21, 1992 �_,/JUDITH SUMICH City Clerk