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HomeMy WebLinkAbout1502 - ORDINANCES - 2/1/1995 ORDINANCE NO. -1502 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO DEFINITIONS FOR BUILDING COVERAGE & HEIGHT; THE PROVISION FOR NEW USES IN SEVERAL COMMERCIAL & INDUSTRIAL ZONES; AN INCREASE IN HEIGHT OF FRONT--YARD WALLS IN MULTI:-FAMILY , RESIDENTIAL & C-M ZONES; A REDUC7"ION IN CERTAIN SETBACKS IN THE M--1-P ZONE; AND VARIOUS OTHER MISCELLANEOUS AMENDMENTS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS; CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9100. 10A. 31. of the Zoning Ordinance is, amended to read as follows: "BUILDING COVERAGE shall mean the relationship between the ground floor area of the building or buildings and the net area of the site. Swimming pools or any portion of a structure which is open on at least one side and is an extension of the exterior open space, in the opinion of the Director of Planning & Building, shall :not constitute a building for the purpose of this definition. " SECTION 2 . Section 9100. 10A. 32 . of the Zoning ordinance is amended to rea(.1 as follows: "BUILDING HEIGHT shall mean the vertical distance plus eighteen (18) inches measured from the average grade at the ' curb adjacent to the property or from the top of the crown of the roadway if there is no curb, eexclus.i.ve of exceptions permitted in Section 9303 . 00. In the event of hillside lots, lots in excess of. 20, 000 sq. ft. in area, or lots where the approved pad height is greater than eighteen (18) inches above or below the curb level, the Director of Planning & Building or the Planning Commission may establish the point of measurement at a level higher or lower than the curb or crown of street. The building height for large parcels shall be measured from adjoining natural grade unless otherwise established by the Director or the Commission. " SECTION 3 . Section 9100. 10A. of the Zoning Ordinance is amended With the addition of the following: 11161a. RECREATIONAL FACILITIES COMMERCIAL shall mean any use or development, either public or private, providing amusements, pleasure or sport, which is operated or carried on primarily for financial gain, including, but not limited to, bowling alleys, skating rinks and billiard parlors. " SECTION 4 . Section 9209. 01A. 22 . of the Zoning Ordinance is, amended to read as follows: "Hotels (provided that no more than 100 of the guest roams ' contain kitchen facilities) and multiple-family dwellings, subject to the R-4 Zone standards (Section 9205 . 00) , including the following: . . . . " r' 0150E Page 2 SECTION 5. Section 9209 . 01A. 36. of the Zoning Ordinance is amended to read as follows: "Movie, radio and television production and broadcast facilities. " SECTION 6. Section 9209. 01A. of the Zoning Ordinance is amended ' with the addition of the following: 1156. Medical/sick room supplies (retail) . 57 . Video/amusement arcades and machines as a secondary use in conjunction with a resort hotel subject to the provisions of Section 9316. 00. " ) L- SECTION 7. Section 9209 . 01B/: 4 . of the Zoning Ordinance is amended with the addition of the following: "n. Bicycle rental" SECTION 8 . Section 9209. 01C 15. of the Zoning Ordinance is amended to read as follows: "Video/amusement arcades as a primary use, and video/amusement machines as a secondary use, except as otherwise regulated, subject to the provisions of Section 9316 . 00 . , and provided that such arcades/machines are located no closer than 300 feet to any other such use. " SECTION 9 . Section 9209. 02N. of the Zoning ordinance is amended by deleting the following: "Pinball. machines, shooting galleries and electronic games as ' primary uses. " SECTION 10. Section 9212 . 01A. 11. of the Zoning Ordinance is amended by deleting the following: "Baths, turkish and the like. " SECTION 11. Section 9212 . 01A. 37 . of the Zoning Ordinance is amended to read as follows: "Movie, radio and TV production and broadcast facilities. " SECTION 12. . Section 9212 . 01A. of the Zoning Ordinance is amended with the addition of the following: 1151. Bicycle sales including accessory repair. " SECTION 13 . Section 9212 . 01C. 1.a. of the Zoning Ordinance is amended with the addition of the following: 111. Auction houses, pursuant to Section 5. 04 of the Municipal Code. M. Special purpose schools. " SECTION 14 . Section 9212 . 01D. of the Zoning Ordinance is amended ' with the addition of the following: 1121. Automobile sales z.gencies (at least 50% of autos displayed for sale :shall be new) . 22 . Spas. " SECTION 3.5. Section 9212 . 02A. of the Zoning Ordinance is amended to read as follows: "Automobile sales, used, as a primary use, and major repair. " 01502 Page 3 SECTION 16. Section 9213 . 01A. 2 . f. of the Zoning Ordinance is amended by deleting the following: "'Bath houses. " SECTION 17 . Section 921.3 . 01A. 2 .1ck. of the Zoning Ordinance is amended to read as follows: "Movie, radio and television production and broadcast , facilities" SECTION 18 . Section 9213 . 01A. 2 . of the Zoning Ordinance is amended with the addition of the following: I'll. Health/athletic clubs" SECTION 19 . Section 9213 . 01D. of the Zoning Ordinance .is amended with the addition of the following: '17 . Spas. 8 . Grocery store, subject to the C-D- N Zone standards, Section 9210 . 00, and applicable provisions of the General Plan. " SECTION 20. Section 9213 . 02A. 11. of the Zoning Ordinance is amended by deleting the following: "Grocery and fruit: store. " SECTION 21. Section 9214 . 01A. 5 . of the Zoning Ordinance .is amended by deleting the following: "Billiard and pool halls. " , SECTION 22 . Section 9214 . 01A. 9 . of the Zoning Ordinance .is amended by deleting the following: "Classic auto sales. " SECTION 23 . Section 9214 . 03.A. 11. of the Zoning Ordinance is amended by deleting the following: "Gun shops. " SECTION 24. Section 9214 . 01C. of the Zoning Ordinance .is amended with the addition of the following: Ifni. Bicycle rental. n. Classic auto sales. o. Gun shops. " SECTION 25. Section 9214 . 01D. 4 . of the Zoning Ordinance :is amended to read as follows: "Spas. " SECTION 26. Section 9214 . 01D. 7. of the Zoning Ordinance :is amended to read as follows: "Recreational facilities, commercial. " SECTION 27. Section 9215. 01A. of the Zoning Ordinance is amended with the addition of the following: 1128 . Hardware and appliance sales, including accessary repair.. 11 _ 1 � 01502 Page 4 /oy SECTION 28. Section 9215. 01C. of the Zoning ordinance is amended with the addition of the following: 1112 . Antique malls and indoor swap meets. 13 . Classic auto sales. " SECTION 29. Section 9215 . 03E. of the Zoning Ordinance is amended with the addition of the following: "Exception: Fences and walls with a maximum height of eight (8) feet may be permitted in any required interior side or rear yard. Walls and fences not exceeding six (6) feet in height may be permitted in front yards and side front yards pursuant to Section 9404 . 00 (Architectural Review) provided such wall or fence is constructed of decorative masonry or metal, is no closer than five (5) feet to the property line, and provided that the area between the wall and the property line is landscaped and maintained. " SECTION 30. Section 9216 . 01A.4 . of the Zoning Ordinance is amended to read as follows: "MOVIE, TELEVISION AND RADIO PRODUCTION AND BROADCAST FACILITIES" SECTION 31. Section 9216 . 01D. of the Zoning Ordinance is amended with the addition of the following: 1112 . Recreational facilities, commercial. " ' SECTION 32 . Section 9216. 03D.4 . of the Zoning Ordinance is amended to read as follows: "Where the M-1-P Zone abuts a street which is not a boundary with a residential zone, there shall be a yard abutting said street of not less than twenty-five (25) feet in width, of which the ten (10) feet nearest the street shall be landscaped and maintained. The remainder may be used for parking pursuant to Section 9306. 00. No portion of this yard shall be used for storage or loading. " SECTION 33 . Section 9217. 01A. 5. of the Zoning Ordinance is amended to read as follows: "Movie, television and radio production and broadcast facilities. " SECTION 34 . Section 9217 . 01A. 7 . of the Zoning Ordinance is amended with the addition of the following: "h. Auction houses, subject to Municipal Code Section 5. 04 . " SECTION 35. Section 9217 . 01C. of the Zoning Ordinance is amended with the addition of the following: ' 116 . Motorcycle rental. " SECTION 36. Section 9217 . 01D. of the Zoning Ordinance is amended with the addition of the following: 1118 . Nightclubs/cocktail lounges as a primary use, provided that, at the time of their establishment, such facilities are not located closer than 300 feet to a residential zone or to a church or mortuary. 01502 Page 5 19. Heavy equipment storage and rental. " SECTION 37 . Section 9217-1. 01A. 4 . of the Zoning ordinance is amended with the addition of the following: loc. Auction houses, subject to Municipal Code Section 5 . 04. 11 SECTION 38 . Section 9217-1. 01D. of the Zoning ordinance is amended , with the addition of the following: 1118. Nightclubs/cocktail lounges as a primary use. 19 . Heavy equipment storage and rental. " SECTION 39. Section 9218 . 01A. of the Zoning Ordinance is amended with the addition of the following: "8 . Airport-related office buildings. 9 . Automobile and truck restoration and conversion within an entirely-closed building. 10. Museums. 11. All uses permitted in the M-1-P Zone, Section 9216. 01, unless otherwise regulated herein. " SECTION 40. Section 9218. 01C. I - of the Zoning Ordinance is amended by deleting the following: "Airport-related office buildings. " SECTION 41. Section 9302 . 00A. of the Zoning Ordinance is amended to read as follows: "A fence or wall may be required along the perimeter of any area which, by reason of the conditions on the property or ' physical hazards, such as frequent inundation, noise, erosion, excavation or grade differential, are considered by the Director of Planning & Building to be dangerous. Said fence or wall may exceed six (6) feet in height. " SECTION 42 . Section 9302 . 00C. of the Zoning Ordinance is amended to read as follows: "No barbed wire, razor wire or similar material shall be permitted, except for use by governmental or quasi- governmental agencies„ or unless otherwise approved by the Planning Commission. Except as elsewhere permitted or for use by governmental or quasi-governmental agencies, chain-link fences may not be used in front or side front yards. " SECTION 43 . Section 9302 . 00D. I. of the Zoning Ordinance is amended to read as follows: "There shall be no visual obstructions as herein defined within the corner cutback area. The corner cutback area is hereby defined as the triangular area created by a forty-five (45) degree angle line on a horizontal plane connecting two (2) points on intersecting property lines, as further defined below in paragraphs 4 & 5 and as shown on Exhibit "All . " SECTION 44 . Section 9302 . 00D. 2 . of the Zoning Ordinance is amended ' to read as follows: "In the corner cutback area, visual obstructions are hereby defined as any object that may block the view of motorists including utility vents, hills, walls, signs, street furniture or landscaping which exceeds a height of two and one-half (v2) feet above the nearest: street pavement surface. " 01502 Page 6 SECTION 45. Section 9302 . 00E. 1. of the Zoning Ordinance is amended JJ'� to read as follows: 1101" "a. Walls and fences not exceeding six (6) feet in height shall be permitted in all side and rear yards and along side and rear lot lines, except as otherwise permitted by the "C-M", "M-1-P1I, "M-1" and "M-201 Zones, Sections 9215. 03E. , 9216. 03E. , 9217 . 03E. and 927.7-1. 03E. Except as otherwise provided below, all walls and fences in any front yard and side front yard may not exceed four and one-half (43,.) feet in height (Exhibit E) . In the corner cutback area, the height of walls, fences and landscaping may not exceed three and one-half (3 z) feet above the nearest street pavement surface (Exhibit A) . b. In residential zones, except for the R-1 Zones, and except for properties which front on a secondary or major thoroughfare as indicated by the General Plan, walls and fences not exceeding six (6) feet in height may be permitted in front yard and side front yards pursuant to Section 9404 . 00 (Architectural Review) provided such wall or fence is constructed of decorative masonry or metal, is no closer than five (5) feet to the property line, and provided that the area between the wall and the property line is landscaped and maintained by the property owner. Such walls and fences may be permitted on the property line where the subject property is located within a block wherein lots comprising fifty percent (50%) or more of the block frontage are developed with property line walls in excess of four and one-half (4Z) feet in height, or if, in the opinion of the Director_ of Planning & Building, a hardship exists in setting back the wall or fence from the property line. " SECTION 46. Section 9302 . 00E. 2 . of the Zoning Ordinance is amended by deleting the following: "Notwithstanding the above provisions, existing walls and fences shall be permitted to remain unless and until the property owner applies for a Building Permit to reconstruct, remodel or otherwise perform any construction activity upon his property, at such time any walls and fences shall be brought into compliance with sub-paragraph D. I. above, as a condition of obtaining such Building Permit. " SECTION 47. Section 9302 . 00E. 5. of the Zoning Ordinance is amended to read as follows: "In order to protect private property, the Director of Planning & Building may approve a fence over six (6) feet in height along a golf course fairway at the setback line, provided the following regulations are complied with: . . . " SECTION 48 . 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. (42) 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, a six (6) foot high wall, fence or hedge may be constructed provided it is reduced to a maximum of four and one-half (4z) feet in height at the twenty (20) foot golf course fairway setback line. 01502 Page 7 SECTION 49. Section 9302 . 00E.7 . of the Zoning Ordinance is amended to :read as follows: "Method of Height Measurement. The height of walls, fences, and landscaping, as permitted, shall be measured from the top of the existing curb grade or crown of abutting road, or natural grade or finished grade established by the Planning Commission or Director of Planning & Building. In 'the event , of adjacent properties having an elevation differential at the property line, the height shall be measured from the average grade at the property line. In the event that practical difficulties and hardships result from the strict enforcement of these regulations due to unusual grade problems of abutting street, slope of property, or other site conditions, the applicant requesting a building permit may, apply for a Minor Modification as provided in Section 9406. 01 of this ordinance. " SECTION 50. Section 9402 . 00A. 2 .e. of the Zoning Ordinance is amended with the addition of the following: 11 (8) Swap meets" SECTION 51. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after. passage. SECTION 52 . 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 1st day of _ February 1995. AYES: Members Hodges, Kleindienst, Lyons, Reller-Spur•gin and Mayor Maryanov ' NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City--Clerk _ ' Mayor REVIEWED & APPROVED AS TO FORM I HEREBY CERTIFY that the foregoing Ordinance 1502 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 1st day of February, 1995, and that same was published in the DESERT SUN , a newspaper of general circulation on Q[�D(JTH SUMICH City Clerk 07