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HomeMy WebLinkAbout1551 - ORDINANCES - 1/21/1998 ORDINANCE NO. 1551 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO ADDITIONAL SITES FOR ANIMAL, HOSPITALS; CLARIFIED REGULATIONS REGARDING GROUP HOUSING/RESIDENTIAL CARE FACILITIES; THE LOCATION ' OF PAWN SHOPS IN THE, UPTOWN AND OTHER AREAS; AND INCREASED WALL HEIGHT IN RESIDENTIAL FRONT YARDS; ALONG WITH OTHER MISCELLANEOUS AMENDMENTS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9100.04I.B. of the Zoning Ordinance is amended to read as follows: "Cormmercial Zones P Professional Zone C-B-D Central Business District.Zone C-D-N Designed Neighborhood Shopping Center Zone C-S-C Couuurmity Shopping Center Zone C-1 Retail Business Zone C-IAA Large Scale Retail Commercial Zone C-2 General Commercial Zone H-C Highway Commercial Zone C-M Commercial Manufacturing Zone , R4-VP Vehicle Parking&Large Scale Hotel& Multiple-Family Residential&Limited Commercial Retail Zone" SECTION 2. Section 9100.04I.C. of the Zoning Ordinance is amended to read as follows: "Manufacturing/Industrial Zones M-1-P Planned Research and Development Park Zone M-1 Service/Manufacturing Zone M-2 Manufacturing Zone E-I Energy Industrial Zone" SECTION 3. Section 9100.04I.E. of the Zoning Ordinance is amended to read as follows: "Miscellaneous Zones/Overlays A Airport Zone N Noise Impact Combing Zone CC Civic Center District Zone H Historic Preservation Combining Zone R Resort Combining Zone D Downtown Parking Combining Zone G Gaming Overlay Zone ' IL Indian Land PD Planned Development District' SECTION 4. Section 9100.10A.18. of the Zoning Ordinance is amended by deleting the following: "APARTMENT HOTEL is a multiple-family dwelling with six (6) or more guest rooms which furnishes services for the use of its tenants which are ordinarily furnished by hotels." 01551 Page 2 SECTION 5. Section 9100.10A. of the Zoning Ordinance is amended with the addition of the following, such addition to be placed in alphabetical order: "ASSISTED LIVING FACILITY shall mean a special combination of housing, supportive services, personalized assistance and health care licensed and designed to respond to the individual needs of those who need help with activities of daily living and instrumental activities of daily living. Supportive services are available 24 hours a day to meet scheduled and unscheduled needs in a way that promotes ' maximum dignity and independence for each resident and involves the resident's family, neighbors and friends,and professional caretakers." SECTION 6. Section 9100.10A.28. of the Zoning Ordinance is amended by deleting the following: "BOARDING OR ROOMING HOUSE shall mean a building containing a single dwelling unit and not more than five(5)guest rooms,where lodging is provided with or without meals for compensation." SECTION T Section 9100.10A.63. of the Zoning Ordinance is amended to read as follows: "DAY CARE, SMALL, shall mean regularly provided care and supervision of six(6)or fewer children in the provider's own home for periods of less than 24 hours. The total number of children shall include those children under the age of ten who reside at the home." SECTION 8. Section 9100.10A.64. of the Zoning Ordinance is amended to read as follows "DAY CARE, LARGE, shall mean regularly provided care and supervision of seven (7) to twelve (12) children, inclusive, in the provider's own home including those children under the age of ten who reside at the home. SECTION 9. Section 9100.10A.75A. of the Zoning Ordinance is amended by deleting the following: "ELDERLY BOARD AND CARE FACILITY shall mean the premises used for the housing of and/or ' ambulatory-care for elderly residents, including all levels of facilities licensed by the State of California. This definition includes, but is not limited to, facilitics traditionally known as nursing homes, convalescent homes and senior citizen housing." SECTION 10. Section 9100.10A.92. of the Zoning Ordinance is amended by deleting the following: "GROUP HONIE. A facility which provides resident services for persons handicapped or disabled, undergoing rehabilitation, or otherwise in need of care and supervision, subject to licensing by the appropriate governmental agency. The term includes hospice,halfway houses and foster homes." SECTION II. Section 9100.10A.94. of the Zoning Ordinance is amended by deleting the following: "GUEST HOME shall mean the saute as, `Elderly Board and Care Facility."' SECTION 12. Section 9100.10A. of the Zoning Ordinance is amended with the addition of the following, such addition to be placed in alphabetical order: "PAWN SHOP shall mean an establishment engaged in retail sales of new or secondhand merchandise and offering loans secured by personal properly, and as further defined in California Financial Cede Section 21000. It does not include the loaning of money on personal property or personal security by any bank authorized to do so under the laws of the Slate of California. Such establishments are subject to the provisions of Chapter 5.44 of the Municipal Code." ' SECTION 13. Section 9100.10A.168. of the Zoning Ordinance is amended by deleting the following: "REST HOME shall mean the same as `Elderly Board and Care Facility."' SECTION 14. Section 9100.10A 173. of the Zoning Ordinance is amended by deleting the following: "ROOMING HOUSE shall mean the same as 'Boarding House."' 01551 Page 3 SECTION 15. Section 9202.01C.4. ofthe Zoning Ordinance is amended to read as follows: "Assisted living facilities and convalescent homes, subject to the provisions of Section 9402.00H.7., and provided property on which said use is proposed is located one hundred fifty (150)feet from any R-1 zone district." SECTION 16. Section 9203.01C.6. ofthe Zoning Ordinance is amended to read as follows: "Assisted living facilities and convalescent homes, subject to the provisions of Section 9402.00H.7." ' V SECTION 17. Section 9204.01C.8. of the Zoning Ordinance is amended to read as follows: "Assisted living facilities, subject to the provisions of Section 9402.00H.T" SECTION 18. Section 9205.01D.l.d. of the Zoning Ordinance is amended to read as follows: "Assisted living facilities and convalescent homes, subject to the provisions of Section 9402.00H.7." SECTION 19, Section 9208.011). of the Zoning Ordinance is amended with the addition of the following: "2. Animal hospitals, including kennels." SECTION 20. Section 9212.011). of the .Zoning Ordinance is amended with the addition of the following, such addition to be placed in alphabetical order: "Pawn shops,provided that no pawn shop is located closer than two thousand five hundred (2,500) feet to another." SECTION 21. Section 9214.01D.1. of the Zoning Ordinance is amended to read as follows: ' "Uses permitted by Conditional Use Permit in the C-1 Zone, Section 9212.OIC., unless otherwise permitted or prohibited." SECTION 22. Section 9214.02 of the Zoning Ordinance is amended with the addition of the following: "D. Pawn shops." SECTION 23. Section 9219.00D.2. of the Zoning Ordinance is amended to read as follows: "Hospitals/convalescent homes/assisted living facilities" SECTION 24. Section 9220.01A.2. of the Zoning Ordinance is amended by changing the title "Director of Community Development"to"City Engineer". SECTION 25. Section 9302.00E. of the Zoning Ordinance is amended to read as follows: 111. 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 othenvise permitted by the "C-M"', "M-1-P11, "M-1" and "M-2" Zones, Sections 9215.03E., 9216.03E., 9217.03E. and 9217-1.03E. a D;3 01551 Page 4 T I>q 2. Except as othenvise provided below, all walls and fences in any front yard and side front yard may not exceed four and one-half(4'/z) feet in height (Exhibit E), except as otherwise permitted by the "C-M", "M-1-P", "M-1" and "M-2" Zones, Sections 9215,03E., 9216 03E., 9217.03E. and 9217-1.03E. 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). a. 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 (4'/z) feet in height, or if, in the opinion of the Director of Planning & Building, a hardship exists in selling back the wall or fence from the property line. b. On properties in residential zones, except for the R-1 Zones,which front on a secondary or major thoroughfare as indicated by the General Plan, walls and fences not exceeding six (6) feel 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, provided that the total length of all portions of the wall parallel wi(h the front and/or side front property line is no longer than sixty percent (60'%O) of that property lire, provided such wall is no closer than fifteen (15) feet to the property line, and provided that the area between die wall and the property line is landscaped and mainlainedby the property owner. C. In the R-1 Zones, walls and fences not exceeding five (5) feet in height may be permitted in front yard and side front yards provided such wall or fence is constructed of decorative masonry or metal, provided such wall 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. Stich 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 properly line walls in excess of four and one-half(4Yz) 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. d. In the R-1 Zones, walls and fences not exceeding six (6) feet in height may be permitted in front yard and side front yards provided such wall or fence is cons0ucted of decorative masonry or metal, provided that the total length of all portions of the wall parallel with the front and/or side front property line is no longer than sixty percent (60%) of that property line, provided such wall is no closer than fifteen (15) feet to the properly line, and provided that the area between the wall and the property line is landscaped and maintained by the property owner. 3. Where homes on corner lots back rill to each other, as shown on Exhibit "B", a six (6) foot high fence or wall may be constructed within five (5)feet of the side street property line. The five (5) fool area between the wall and the property line is to be landscaped and maintained. 4. Where double frontage lots (lots having street fronlages along both the front and rear property lines) exist, as shown oil Exhibit "C", and all houses face a common street, a six (6) foot high wall may be constructed within five (5) feet of the sheet In line in the common rear yard The five(5) foot area between the wall and the property line is to be landscaped and maintained pursuant to Section 9404.00 ' S. 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(4'/z) feet may be installed on the rear or side property line. When a lot sides on an entrance to a fairway in such a manner that the normal private yards arc exposed to the street, a six (6)foot high wall,fence m hedge may be constructed provided it is reduced to a maximum of four and one half(4'/z)feet in height within twenty(20) feel of One rear property line. 01551 Page 5 6. 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: a. In no case shall the fence be higher than fifteen (15) feet, or the height of the main building on the subject property. Whichever is less shall apply. b. Said fence shall be composed of chain-link or other appropriate material completely ' open for light and air. C. Said fence shall be set back from all buildings on adjoining property a distance equal to its height. d. Said fence shall be painted a color that will cause it to become a part of the background. To further soften its appearance, the base of said fence shall be landscaped with screen- type shrubs for a height of at least three(3)feet. 7. 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 au 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 properly, 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 26. Section 9306.00 of the Zoning Ordinance is amended by changing the titles "Planning Director" and "Director of Planning & Zoning" to "Director of Planning & Building" in all occurrences. SECTION 27. Section 9308.00 of the Zoning Ordinance is amended by changing the title"Director of , Community Development"to"Director of Planning&Building" in all occurrences. SECTION 28. Section 9310.00 of the Zoning Ordinance is amended by changing the title "Department of Building& Safety"to"Department of Planning&Building" in all occurrences. SECTION 29. Section 9313.00E. of the Zoning Ordinance is amended by changing the title -Flepartment of Public Works" to"City Engineer". SECTION 30. The introductory paragraph of Section 9316.00C.1. of the Zoning Ordinance is amended by changing the title"Director of Planning&Zoning"to"Director of Planning&Building". SECTION 31. Section 9402.00B.4.d. of the Zoning Ordinance is amended by changing the title "Platn ing Director" to"Director of Planning&Building". SECTION 32. Section 9402.00135c. of the Zoning Ordinance is amended by changing the title "Council"to"the City Council". SECTION 33. The introductory paragraph of Section 9402.00H.7. of the Zoning Ordinance is amended by changing the title"Elderly Board & Care Facilities and Convalescent Homes" to "Assisted Living Facilities and Convalescent Homes". q ! 'SECTION 34. Section 9403.00E.2.:'�of the Zoning Ordinance is amended by changing the title "Department of Planning&Zoning"to"Department of Planning&Building" in bat-It occurrences. .; . SECTION 35. Section 9404.00B. of the Zoning Ordinance is amended by changing the term "Master Plan"to "General Plan". 01551 Page 6 SECTION 36, Section 9404.001). of the Zoning Ordinance is amended by changing the title "ARCHITECTURAL ADVISORY COMMITTEE GUIDELINES" to "DESIGN REVIEW GUIDELINES". SECTION 37, Section 9406.0113.2. of the Zoning Ordinance is amended by changing the title "Director of Community Development" to "Director of Planning& Building" in both occurrences. ' SECTION 38. EXI-IIBI'rS. All exhibits contained within the Zoning Ordinance shall be made to conform to the passage ofthis Ordinance. SECTION 39. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days alley passage. SECTION 40. 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 prepay ed according to law, to be published in accordance with law. ADOPTED this 21st day of January 1998. AYES: Members Barnes, Hodges, Oden and Mayor Kleindienst NOES: None ABSENT: Member Reller-Spurgin ATTEST: CITY OF PALM SPRINGS, CALIFORNIA CLty/ Ierk Mayor 1 REVIEWED &APPROVED AS TO FORM I HEREBY CERTIFY that the foregoing Ordinance 1551 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 21st day of January, 1998, and that a summary of same was published in the DESERT SUN, a newspaper of general circulation on January 14, 1998, and January 25, 1998. JUDITH SUMICFI City Clerk 1