HomeMy WebLinkAbout18753 - RESOLUTIONS - 12/20/1995 RESOLUTION NO. 18753
ESTABLISHING A POLICY WAIVING THE
REQUIREMENT FOR NON-SUIT
COVENANT/AVIGATION EASEMENTS FOR
OWNER OCCUPIED (AS OF OCTOBER 1, 1995)
RESIDENTIAL PROPERTY WITHIN THE NOISE '
COMBINING ZONE FOR REMODELS AND
PROPERTY SALES EXCEPTING OWNERS
PARTICIPATING IN THE AIRPORT'S NOISE
INSULATION PROGRAM.
WHEREAS the Palm Springs Zoning Ordinance established the Noise Combining Zone around
the Palm Springs Regional Airport; and
WHEREAS the Noise Combining Zone requires that prior to issuance of a Building Permit for
a new residential structure, the owner must execute a Non-Suit Covenant/Avigation Easement
("Covenants"); and
WHEREAS the Airport's recently approved Federal Aviation Regulation Part 150 Noise
Compatibility Program calls for the City Council to consider modifying the Noise Combining
Zone boundaries and requires covenants for remodels and upon sane of the property; and
WHEREAS the City Council has approved a Memorandum of Understanding (MOU) with a
citizens' group, ROARE, concerning Airport improvements and noise mitigation measures. Said
MOU calls for the establishment of a policy not requiring covenants for remodels or sales for
existing owners that occupy their affected residence, except for those voluntarily participating
in the Airport' s Noise Insulation Program. '
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs, hereby
establishes the following policy concerning Non-Suit Coven ant/Avigation easements:
"Existing property owners (as of October 1, 1995) that occupy a residence in
the Noise Combining Zone (as defined in the City's Zoning Ordinance) who wish
to sell or improve their single-family residential property will not be required to
execute a Non-Suit Coven ant/Avigation Easement as currently required by the
Airport Specific Plan. Any existing or future owner choosing to participate in
the Noise Insulation Program (as defined the Approved Palm Springs Regional
Airport in 14 C.F.R. Part 150 Program) will be required to execute a Non-Suit
Covenant/Avigation Easement. This policy does not rescind any existing
covenants or easements."
BE IT FURTHER RESOLVED that the provisions of Section 9219.00 of the Palm Springs Zoning
Ordinance shall be reviewed for compatibility with the forgoing policy and with the Part 150
Noise Compatibility Program and shall be revised after public hearing thereon accordingly.
ADOPTED this 20th day of I)ecember 1995.
AYES: Members Barnes, Flodges, Oden and Reller-Spurgin
NOES: None '
ABSENT: None
ABSTAIN: Mayor Kleindienst;
ATTEST: ( 1 Y OF PALM SPRIN,."S-C,ALIFORNIA
B(,
`,_City Clerk City mranager `
REVIEWED & APPROVED AS TO FORM 4 0