HomeMy WebLinkAbout1500 - ORDINANCES - 1/4/1995 ORDINANCE NO. 1500
AN ORDINANCE OF TIIE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING ORDINANCE IN
REGARD TO AUTO SERVICE STATIONS AND MINI-
MARTS; BAIL BOND OFFICES, PAWN BROKERS AND
CHECK CASHING FACILITIES; TEMPORARY
RECREATIONAL VEHICLE PARKING; AND VARIOUS
OTHER MISCELLANEOUS AMENDMENTS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 9202 .03E. of the Zoning Ordinance is amended
with the addition of the following after the line which reads "For
General Provisions, See Section 9301. 00. 11 :
"For Special Setbacks, see Section 9301. 02 . 11
SECTION 2 . Section 9204 . 03E. 1. of the Zoning Ordinance is amended
with the addition of the following:
"d. For Special Setbacks, see Section 9301. 02 . "
SECTION 3 . Section 9208 . 03D. 1. of the Zoning Ordii,nance is amended
with the addition of the following:
"Special Setbacks
For Special Setbacks, see Section 9301. 02 . 11'
SECTION 4 . Section 9210. 03D. l. of the Zoning Ordinance is amended '
with the addition of the following:
"For Special Setbacks, see Section 9301. 02 . 11'
SECTION 5. Section 9211. 03D. 1. of the Zoning Ordinance is amended
with the addition of the following:
"S,pecial Setbacks. The provisions of Section 9301. 02 shall
apply. "
SECTION 6. Section 9213 . 03D. of the Zoning Ordinance is amended
with the addition of the following:
914 . Special Setbacks •.. see Section 9301. 02 . "
SECTION 7 . Section 9214 . 01A. 4 . of the Zoning Ordinance is amended
by deleting the following:
"Bail bond offices. "
SECTION S . Section 9214 . 01A. 1.6. of the Zoning Ordinance is amended
by deleting the following:
"Pawn broker. " '
SECTION 9 . Section 9214 . 03 of the Zoning Ordinance is amended to
read as follows:
"The provisions of the C-1. Zone, Section 9212 ,. 03 , shall. apply.
Exceptions. Hi.ghrise buildings may be permitted pursuant to
Sections 9304 . 00 and 9407. 00. For Special Setbacks, see
Section 9301. 02 . " J
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SECTION 10. Section 9215 . 01C. 3 . of the Zoning Ordinance is amended
by deleting the following:
"Cocktail lounges and nightclubs as a primary use. "
SECTION 1.1. Section 9215. 01C, of the Zoning Ordinance is amended
with the addition of the following:
"11. Vehicle impound yards and towing services. "
SECTION 12 . Section 9215. 01D. of the Zoning Ordinance is amended
with the addition of the following:
117. Cocktail lounges and nightclubs as a primary use,
provided such facilities are located no closer than 300
feet to a residential zone or to a church or mortuary at
the time of their establishment.
8 . Pawn brokers, provided such facilities are located no
closer. than 300 feet to a residential zone or to a church
or mortuary at the time of their establishment. "
SECTION 13 . Section 9217 . 01D. of the Zoning Ordinance is amended
with the addition of the following:
1115. Bail bond offices, provided such facility is located no
closer than 300 feet to a residential zone or to a church
or mortuary at the time of their establishment.
1G. Pawn brokers, provided such facility is located no closer
than 300 feet to a residential zone or church or to a
church or mortuary at the time of their establishment.
17 . Check cashing facilities, provided such facility is
located no closer than 300 feet to a residential zone or
to a church or mortuary at the time of their
establishment. "
SECTION 14 . Section 9217-1. 01D. of the Zoning Ordinance is amended
with the addition of the following:
1115. Bail bond offices.
16. Pawn brokers.
17 . Check cashing facilities. "
SECTION 15. Section 9223 . 03E. of the Zoning Ordinance is amended
with the addition of the following:
114 . Special Setbacks.
See Section 9301. 02 . "
SECTION 16. Section 9301. 02A. of the Zoning Ordinance is amended
by changing the names "Tahquitz-McCallum Way" and "Tahquitz Way" to
"Tahquitz Canyon Way" , and by changing the name "Indian Avenue" to
"Indian Canyon Drive" .
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SECTION 17. Section 9402 . 01C. 2 . of the Zoning Ordinance is amended
with the addition of the following:
"c. Temporary recreational vehicle (RV) parking, in
conjunction with a Convention Center activity, subject to
conditions below and to those determined necessary by the
Director of Planning & Zoning.
1) Usage must- be proposed for a minimum of 15 ,
RVs.
2) The maximum stay for any one event shall be
three (:3) nights.
3) All RVs shall be located a minimum of 300 feet
from any existing residential use, except for
hotels.
4) All RVs shall be setback 25 feet from all
property lines.
5) All RV spaces shall be marked.
6) There shall be a minimum of 10 feet between
each RV.
7) All RVs shall be self-contained.
8) All accessways to individual RV spaces shall
be a minimum of 25 feet in width; all RVs
shall front an accessway.
9) If used, on--site lighting shall be shielded
from surrounding properties and streets; light
standards shall be a maximum of 16 feet in
height.
10) At least one three-cubic-yard trash bin shall
be provided for every 30 RVs; the bins shall
be located at least 40 feet from any property
line.
11) No other incidental use, or outdoor ,
activities, shall be permitted.
12) The site shall be returned to its original, or
better, condition prior to the Convention
Center activity immediately upon the
culmination of the activity.
13) Neither grading nor the removal of natural
vegetation shall be permitted. The project
shall comply with the Cit.y's Dust Control
ordinance. "
SECTION 18 . Section 9404 . 00E. 1.d. of the Zoning Ordinance is
amended to read as follows:
"Mobilehome parks and recreational vehicle parks
(architectural approval shall riot be required for individual
mobilehome or recreational 'vehicle sites) . "
SECTION 19 . Section 9404 . 00E. of the Zoning ordinance is amended
to read as follows:
"PROCEDURES
1. Architectural review shall be required for the following:
a. All industrial, commercial, professional, and '
residential structures and related landscape areas,
except for single-family :residences not: located on
major thoroughfares.
b. All structures and landscape areas located in
hillside areas, as defined in Section 9319 . 00 of
this Code. 161
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C. Churches, governmental. buildings, and hospital and
health facilities.
d. Mobilehome parks and recreational vehicle parks
(architectural approval shall not be required for
individual mobile home or recreational vehicle
sites) .
e. Tennis courts in all zones.
f. Designated historic sites, upon referral by the
Historic Site Preservation Board, and properties
within designated historic districts.
g. Entrance features and gates above the height
allowed in front and side front setback areas
subject to the findings that the limited height
extension is architecturally acceptable, creates no
interference with sight clearance or corner cut-
off, and will cause no detrimental effects to
adjacent properties in the vicinity.
2 . 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 Department of Planning & Building. 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,
D and the signs to be displayed. The Planning Commission
or the Director of Planning & Building may authorize
staff approval of minor applications. Applications which
are acted upon by the Director of Planning & Building may
be appealed to the Planning Commission.
3 . The application for Architectural Approval shall be
submitted to the Planning Commission within forty-five
(45) days after it has been accepted as complete by the
Department of Planning & Building. The Director of
Planning & Building shall make recommendations on each
application to the Planning Commission.
4 . The Director of Planning & Building may appoint an
advisory Design Review Committee to assist staff in the
technical analysis of projects. Such Committee should
consist of professionals of high experience and expertise
in various fields relating to urban design and
development, including design, architecture, engineering
and contracting. The Design Review Committee shall be
solely advisory to the Director of Planning & Building
and shall. operate under such rules and policies as the
Director shall establish and perform such functions as
the Director shall prescribe. The Committee shall not
make recommendations to the Planning Commission.
5. The Planning Commission shall either approve,
conditionally approve, or over-rule the recommendations
of the Director of Planning & Building. The action of
the Planning Commission shall be final unless appealed to
the City Council in the manner provided by Chapter 2 . 05
of the Palm Springs Municipal Code.
6. Before an occupancy permit is issued, there must be full
compliance with all requirements and conditions as
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approved by the Planning Commission or the Director of
Planning & Building. If for any valid reason full
compliance cannot be made, a cash bond shall be posted
for the work to be completed within a reasonable period
of time as determined by the Director of Planning &
Building.
7. Properties subject to architectural approval shall be ,
maintained in a good, first-class condition consistent
with the approval of the Planning Commission or the
Director of Planning & Building. Such maintenance shall
include, but not be limited to, the exterior of the
building and grounds, including landscaping, parking and
walking areas, exterior lighting and signing and all
other features reviewed by the Commission or the Director
of Planning & Building. The Director may, in appropriate
circumstances, require the recordation of enforceable
covenants containing maintenance requirements. Failure
to maintain said property consistent with such standards
shall constitute a public nuisance. "
SECTION 20. Section 9406. 01A. of the Zoning Ordinance is amended
by changing the title "Director of Community Development" to
"Director of Planning & Building" .
SECTION 21. Section 9406. 01A. 9 . of the Zoning Ordinance is amended
by deleting the following:
"Gates and Entrances: Height of entrance walls and gates may
be modified to extend above that allowed in front and side
front setback areas. The modification shall be based on the
findings that the limited height extension is architecturally
acceptable and creates no interference with sight clearance or '
corner cut-off; and, in addition, will cause no detrimental
effects to properties in the vicinity. Elevations, colors and
materials are to be submitted as part of the application.
Such application is not subject to additional fees in
conjunction with Section 9404 . 00. "
SECTION 22 . Section 9402 . 00H. 7. . of the Zoning Ordinance is amended
to read as follows:
"Automobile Service Stations shall comply with the following
provisions in addition to zone provisions and conditions
imposed in a Conditional Use Permit. Any amendment to the use
of an automobile service station, or accessory use, shall
require the previous approval of a new Conditional Use Permit.
a. Location
(1) The site shall have two hundred (200) feet of
frontage on a major or secondary highway.
(2) The site shall not adjoin an existing hotel or
residential use at the time of its
establishment.
(3) The minimum distance from the site to a
property containing a school, park,
playground, church, museum or similar use
shall be two hundred fifty (250) feet. The '
minimum distance to a residential zone shall
be one hundred seventy-five 1:175) feet..
(4) The minimum distance between properties
containing automobile service stations shall
be five hundred (500) feet, except that
service stations that are approved as part of
a master plan are exempt from this
requirement, and except that two automobile
service stations may be: permitted at
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intersections formed by streets both of whit
have a forecasted average daily volume of
25, 000 trips according to the adopted General
Plan or other subsequent City-approved
comprehensive traffic study.
b. Site Area. The minimum net site area shall be
twenty thousand (20, 000) square feet. Any proposal
to expand activity to an existing use on a lot of
less than 20, 000 square feet shall not be permitted
unless the Planning Commission, pursuant to a new
Conditional Use Permit, finds that the site can
adequately support the increased use without
adversely affecting public streets or surrounding
land uses. For purposes of this section, "site,,
shall mean the same as "lot" or shall mean that
portion of a lot that is dedicated solely for the
purpose of accommodating the service station.
C. Access. Access drives shall be at least 150 feet
from any street corner measured from the
intersection of the ultimate right-of-way lines.
All drives shall be designed to provide vehicle
queuing in a manner that minimizes possible hazard
or slowing of vehicles on adjacent City streets.
Reciprocal access/parking arrangements may be
required with adjacent properties to enhance public
convenience and safety.
d. Number of pumps. One gasoline pump shall be
permitted per two thousand (2 , 000) square feet of
site area. The number of pumps shall be the same
as the number of sale transactions which may be
conducted simultaneously at all of the pump
stanchions.
e. Utility trailers. Utility trailers, not exceeding
ten (10) in number, may be stored for rent on
service stations only in the C-2 , C-M and M-1
Zones, provided they are screened from view and
occupy an area which is in excess of the two
thousand (2 , 000) square feet of site area required
per pump.
f. Walls. A solid masonry wall six (6) feet in height
shall be erected on all interior property lines
which abut property in a residential zone or
wherever else deemed necessary by the Planning
Commission.
g. Pavina. The entire ground area shall be paved
except that 10% of the site area shall be reserved
for landscaping.
h. jdghtina. Lighting shall conform to the
requirements of Section 9306. 00 of this Chapter.
a i. Outside operation. Operations outside permanent
structures shall be limited to the dispensing of
gasoline, oil, water, air, changing tires, and
attaching and detaching trailers. There shall be
no outside storage or display of tires, oil or
other products and accessories. The sale of liquid
propane gas (LPG) may be permitted if approved in
connection with the Conditional Use Permit and
architectural review. After approval of the
Conditional Use Permit, the sale of LPG may be
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permitted if approved in conjunction with a Land
Use Permit.
j . Noise. Noise shall be muffled so as not to become
objectionable due to intermittence,, beat frequency,
or shrillness, and the decibel level measured at
property lines shall not exceed street background
noise normally occurring at the site location. ,
k. Minimum buildin area. The minimum gross floor
area for each automobile service station building,
not including the canopy area, shall. be seven
hundred fifty (750) square feet. Accessible public
restrooms shall be provided.
1. Accessory commercial uses. Accessory non-
automotive commercial uses shall. be limited to
vending machine sales of soft drinks, coffee and
tea, snacks, cigarettes, and maps within a sales
area of not greater than 25 sq. ft. Secondary
retail sales of food, groceries and sundries, other
than those from a vending machine, shall be
contained within an indoor retail space of not less
than 750 sq. ft. , except that existing automobile
service stations, at the time of the adoption of
this ordinance, which convert space for such use
are not limited by a minimum area requirement.
Display and storage of accessory or secondary non-
automotive commercial uses shall be totally within
the principal building.
M. Sale of Beer,^Wine Liquor or _ other Alcoholic
Beverages. Sales of beer, wine, liquor or other '
alcoholic beverages from the same location as
gasoline and other motor vehicle fuel sales, may be
permitted under the following conditions:
(1) Such sales must be offered only in conjunction
with the secondary retail sale of food,
groceries and sundries in which not less than
50% by value of the retail sales of all
products, other than gasoline: and other motor
vehicle fuels, comprises sales of products
other than beer, wine, liquor and other
alcoholic beverages.
(2) Video recording surveillance cameras shall be
used to record all purchases and attempted
purchases of alcoholic beverages. Signs shall
be posted, one outside the building at or near
the gasoline servicing area and another inside
the building near the cash registers notifying
the public that "all alcoholic beverage
transactions are monitored in cooperation with
the Palm Springs Police Department. " The
videotape equipment used shall be such as to
record at least 24 hours of operation, the
tapes shall be maintained for the prior 72
hours, and the film shall be made available to '
any representative of the Palm Springs Police
Department upon request. The tapes shall be
made available for use in evidence against any
person who purchased or attempted to purchase
alcoholic beverages as well as for use in any
court or administrative proceeding regardless
of the type of criminal activity or the party
or parties involved.
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Bobo
n. Signs. All signing shall conform to the provisions
of Section 9320. 00. 11
SECTION 23 . EFFECTIVE DATE. This Ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 24. 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 January 1995 .
AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
C Tit t Clerk — Ma�,or'
REVIEWED & APPROVED AS TO FORM
I HEREBY CERTIFY THAT the foregoing Ordinance 1500 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting held on
the 4th day of January, 1995, and that summary of same was published in the
DESERT SUN, a newspaper of general circulation on December 26, 1994 and
January 9, 1995.
�-AUDITH SUMIC'--_
City Clerk
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