The URL can be used to link to this page

Home My WebLink About1/1/1972 - ORDINANCES ORDINANCE NO. 915 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING DIVISION 6 (TRAFFIC) OF THE PALM SPRINGS ORDINANCE CODE, BY REPEAL- ING ARTICLES 624, 625 AND 626 THEREOF, CONCERN- ING SIGNED PARKING, PARKING ENFORCEMENT, AND ADMINISTRATION OF THE PARKING FUND, AND BY ADDING CERTAIN SECTIONS RELATING TO PARKING PROHIBITIONS AND LIMITATIONS. --------------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, C.ALIFORNIA, DOES ORDAIN AS FOLLOWS! SECTION 1. Articles 624 (Signed Parking), 625 (Enforcement) and 626 (Administration) of the Palm Springs Ordinance Code are hereby re- pealed. SECTION 2. Article 618 -A of the Palm Springs Ordinance Code, re- lating to parking restrictions and prohibitions, is hereby amended by the repeal of Sections 618 -A3 and 618-A3. 1, and by the addition of new Sections 618-A3 to 618-A9, all of said sections to read as follows: 618-A3 PARKING REQUIRED WITHIN MARKINGS. Each vehicle placed in any parking space shall be parked within the lines and markings so established by the City Traffic Engineer, and no person shall park or leave standing any vehicle so that it extends across any such line or I markings, or is in such position that it is not entirely within the space designated by such lines or markings. 618-A4 STRICTER PARKING REGULATIONS WITHIN COUNCIL ESTABLISHED LIMITED PARKING ZONES. Pursuant to authority vested in him by other provisions of this Chapter, or by the Vehicle Code, the City Traffic Engineer is authorized to prescribe shorter time limits than those specified by resolution of the City Council, or to prescribe parking prohibitions, within a particu- lar limited parking zone so specified by the City Coun- cil, provided that said stricter parking limitations or prohibitions are properly indicated by appropriate signs or markings in accordance with this Chapter or other provisions of law. 618-A5 DRIVING OR PARKING ON PARKS, PLAYGROUNDS, OR CITY OR SCHOOL PROPERTY. No person shall drive or park any motor vehicle upon any public park, playground, or other City property, or upon any school property, except on streets, alleys, thoroughfares or parking lots and areas provided for such purposes. 618-A6 OBSTRUCTING CITY OR SCHOOL PROPERTY. No I person shall stop, stand, park or leave standing a motor vehicle upon any public park, playground or other City property, or upon any school property, in such a manner as to block, obstruct or impede free access to or from said park, playground or City pro- perty, or to or from any such school property. 618-A7 PARKING UPON CITY OR SCHOOL PROPERTY. a. The City Traffic Engineer is hereby authorized to erect signs indicating that parking, stopping or standing of vehicles on City property is pro- hibited, limited or restricted when such parking, 13-B Ordinance No. 915 Page Two stopping or standing would, in his judgment, in- terfere with the orderly and efficient conduct of I the City's business. b. When official signs, markings or devices are main- tained indicating no parking, stopping or standing of vehicles, or other restriction upon any City property as authorized in Subsection a. above, no person shall stop, stand, park or leave standing any vehicle in violation of any such prohibition or restriction. C. Whenever public school authorities have placed official signs, markings or devices :ndicating no parking, stopping or standing of vehicles, or other restriction upon any school property within their jurisdiction, no person shall stop, stand, park or leave standing any vehicle in violation of any such prohibition or restriction. 618-A8 NO PARKING AREAS. The City Traffic Engineer is hereby authorized to maintain, by appropriate signs, markings, or by paint upon the curb surface, certain no stopping zones, no parking areas, and restricted parking areas, as hereinafter defined and described in this section. No person shall stop, stand, park or I leave standing any vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer or traffic sign or signal: a. Within any divisional island unless authorized and clearly indicated with appropriate signs or markings. b. On either side of any street between the projected property lines of any public walk, public steps, street, or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface. C. In any area where the City Traffic Engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by ra d paint upon the curb surface. d. In any area established by resolution of the Council as a no parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface. e. In any area where the parking or stopping of any I vehicle would constitute a traffic hazard or would endanger life or property. I. On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equip- ment, articles or structures of unusual size, and the Ordinance No. 915 Page Three parking of such vehicle would prohibit or inter- fere with such use or movement, provided that signs giving notice of such no parking are erected or placed at least twenty-four (24) hours prior to the effective time of such no parking. I g. At any place within 20' of a point on the curb im- mediately opposite the mid-block end of a safety zone, when such place is indicat ed by appropriate signs or by red paint upon the curb surface. h. At any place within 20' of a crosswalk at an inter- section when such place is indicated by appropriate signs or by red paint upon the curb surface except that a bus may stop at a designated bus stop. i. In any area of approach to any traffic signal, left turn lane, boulevard stop sign, or official electric flash- ing dcvicP when such area is determined by the City Traffic Engineer to be valuable in the interest of pro- moting traffic safety or convenience, and the area is indicated by appropriate signs or by red paint upon the curb surface except that a bus may stop at a designated bus Stop. 618-A9 INSTALLATION , DESIGN AND SPACING OF SIGNS. The City Traffic Engineer is hereby authorized and directed to cause signs regulating or prohibiting parking to be installed in the zones now or hereafter provided by resolution of the City Council or at such places as the City Traffic Engineer is authorized to regulate parking, standing or stopping pur- suant to ocher provisions of this Chapter or of law. Signs giving notice of a parking time limitation shall be approxi- mately 12" x 18" in size, with green lines on a white back- ground specifying the particular parking time limitation appli- cable. Such signs shall be spaced at a. maximum interval of 2001, and provided that there shall be a minimum of 4 signs in 1 block on each side of the street. SECTION 3. A new Section 6234 is hereby added to Chapter 62 (Parking Meters) of the Palm Springs Ordinance Code, to read as follows: 6234. UNLAWFUL TO PARK AFTER METER EXPIRED, OR BE- YOND LEGAL TIME. a. No operator of a vehicle shall permit said vehicle to remain parked in any metered parking space during any time the meter is showing a signal. indicating that such meter is "expired" or that such space is illegally in use, other than such time immediately after the original occupancy as is necessary to operate the meter ■ to show legal parking. b. No person shall park or leave standing a vehicle in a metered parking space for a total period of time longer I than the time limit which has been officially established for• the said parking space. This prohibition shall be applicable even though the operator of the vehicle or another person has deposited additional coins in the parking meter so as to cause it not to indicate it is expired" or that the parking space is illegally in use at the time during which the vehicle is left parking in excess of said time limit. Ordinance No. 915 Page Four SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this loth day of January , 1972. AYES: Councilmen McCoubrey, Pitts and Mayor Wiefels NOES: None ABSENT: Councilmen roster and Purcell ATTEST: CITY OF PALM' SPRINGS, CALIFORNIA F. D. A.LESHIRE City erk �De uty City Clerk tilayor I APPROVED AS TO FORM: CONTENTS APPROVED: Cit,/Attorney Date �7 — 7/ Date ----------- - a hereby certify that the foregoing Ordinance 915 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on January 10, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation on January 18, 1972. Dated this 18th day of January, 1972. F.D. AILSIIIRE ty Clerk \ SY: JUDITI1 SUMOCIi Deputy City Clerk 4 3 F ORDINANCE N0, 916 ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING DIVISION 9 OF THE PALM SPRINGS ORDINANCE CODE FOR A CHANGE OF ZONE FROM R-1-C (SINGLE FAMILY RESIDENTIAL) TO "0" (OPEN) FOR PROPERTY LOCATED ON 1 THE EAST SIDE OF CAMINO REAL APPROXIMATELY 750 FEET NORTH OF EAST PALM CANYON DRIVE, SECTION 23. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Pursuant to Section 9100,03-B of Division 9 of the Palm Springs Ordinance Code, the official Zoning Map of the City of Palm Springs referred to therein. is hereby amended as follows: Zone Change: The property legally described as all that portion of Lots 29, 30, 35 and 36 of Section 23, T4S R4E, SBB$M, of Palm Valley Colony Lands, as recorded in. Map Book 14, Page 652, San Diego County Records, California, is hereby zoned from R-1-C (Single Family Residential) to "0" (Open) . SECTION 2� EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after. passage. SECTION 3, PUBLICATION, The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be I published once in THE DESERT SUN, a daily newspaper of general circula- tion, printed, published and circulated in the City of Palm Springs, California, ADOPTED this 24th, day of January 1972, AYES: Councilmen Foster, McCoubrey, Pitts, Purcell and Mayor Wiefels NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ,AL-ESHIRE City��Clerk By Deputy City Clerk — Mayor APPROVED AS TO FORM CONTENTS APPROVED ,iCity Attorney n rector of P anni g and Development Date /—$— Date @ I hereby certify that the foregoing Ordinance 916 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on January 24, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation on January 28, 1972. Dated this 28th day of January, 1972. F.D. ALESHIRE 'ty Clerk I-C L-Lrjry C Y: JUDITH SUMICH Deputy City Clerk , ; I 4,3`1 ORDINANCE NO. 917 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 801. 3 OF THE PALM SPRINGS ORDINANCE CODE BY ADDING SECTION 1112 TO THE UNIFORM MECHANICAL I CODE, RELATING TO AIR POLLUTION CONTROL DEVICES REQUIRED IN COMMERCIAL FOOD PRE- PARATION iKITCHEN COOKING EXHAUST SYSTEMS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 801. 3 of the Palm Springs Ordinance Code re lating to amendments and additions to the Uniform Mechanical Code is hereby amended to read as follows: 801. 3 ADDITION.AL REGULATIONS TO THOSE PROVIDED BY THE UNIFORM MECHANICAL CODE (1967 Edition) ADOPTED BY REFERENCE HEREIN. Section 1112: Add Section 1112 to read as follows: Air Pollution Control Devices. Every exhaust ventila- tion system serving commercial food heat-processing equipment shall be equipped and maintained with a suit - able device or devices which will at all times prevent discharge into the atmosphere outside of the building, of pollutants, contaminants, emissions, cooking odors or other fumes, in such quantity as to violate any law or any rule or regulation of the Riverside County Air Pollution Control District,, or in such quantity as to cause annoyance, detriment, nuisance or damage to any person or persons. No Certificate of Occupancy shall be issued, or final approval granted for an installation or modification of an exhaust ventilation system as afore- said, until and unless the applicant therefor has satisfied the Building Official, by test or other means, that this section has been and will continue to be complied with. Every such certificate or final approval shall be deemed to be conditioned upon continued compliance with this section at all times in the future. Any future violation or noncompliance of or with this section shall constitute grounds for suspension or revocation, after hearing in compliance with the requirements of due process, of the Certificate of Occupancy on the building subject to the above requirements. Section 1404: Amend the first sentence of the sixth para- graph to read as follows: Evaporative cooler waste water shall be disposed of in the same manner as provided in Section 1701. Section 1521: Add Section 1521 to read as follows: Con- densate water shall not be discharged upon the surface of the ground. A drain connection to an approved disposal system shall be provided. SECTION 2. EFFECTIV'E DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same 7-13 43(1 Ordinance No. 917 Page Two to be published once in THE DESERT SUN, a daily newspaper of general I circulation, printed, published and circulated in the City of: Palm Springs, California. ADOPTED this 24_tg day of y__ January , 197 2 .AYES: Councilmen Foster, McCoubrey, Purcell and Mayor Wiefels NOES: Councilman Pitts ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City Clerk e ty City Clerk Mayor r" APPROVED AS TO FORM: CONTENTS APPROVED: City Attorney Date 7 Date_ /-41-1 I hereby certify that the foregoing Ordinance 917 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on January 24, 1972, and that same was published in TIE DESERT SUN, a newspaper of general circulation on January 28, 1972. Dated this 28th day of January, 1972. F.D. ALESHIRE ty Clerk BY: JUDITH SUMICH Deputy City Clerk I 7-B ORDINANCE NO. 918 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING DIVISION 9 OF THE PALM SPRINGS ORDINANCE CODE FOR A CHANGE OF ZONE FROM G-R-5 TO R-TP FOR PROPERTIES LOCATED ON THE NORTHWEST CORNER OF MES_QUITE .AVE LAND ICROSSLEY ROAD, SECTION 20. (CASE 5.646 - B. DIAZ) THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS; SECTION 1. Pursuant to Section 9100.03-b of Division 9 of the Palm Springs Ordinance Code, the official Zoning Map of the City of Palm Springs referred to therein is hereby amended as follows: Zone Change: The property legally described as the SE 1/4 of the NW 1/4 of Section 20, T4S, R5E, SBB&M is hereby zoned from G-R-5 (Guest Ranch) to R-TP (Residential Trailer Park) . SECTION 2, EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION, The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. 1 ADOPTED this 24th day of January 1972 AYES: Councilmen McCoubrey, Pitts, Purcell and Mayor Wiefels NOES: Councilman Foster ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE city Clerk gym Deputy City Clerk` Mayor APPROVED AS TO FORM: . CONTENTS APPROVED: City Attorneyo Director of Tanning & Development Date .� Date- I hereby certify That the foregoing Ordinance 918 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on January 24, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation on January 28, 1972. Dated this 28th day of January, 1972. F.D. ALESHTRE Clerk y BY: JU ZTH SUiiy_CH `- Deputy City Clerk 1-D �! r?r� I hereby certify that Ordinance 918 was re-published in THE DESERT SUN, a newspaper of general circulation, to correct typographical errors in the heading on February 21, 1972. F.D. ALESHIRE , City Clerk " BY: JUDITH SUMICH Dated this 22nd day of February, 197,2. L- `D,eputy City Clerk M/ ROAD . IN zl� jj G-R- 5 _ _ _ - - y LL• I / .� TO R T P 1 _- ___ -- _4 111rf{+{ __-- ___ _r LL•; =_ _ ___ - _____ _____c- =�lVl --------------- I.L. _ 3_ . T 9 _ li I uC.IO W :� ' u $ , R—G—A c3 -_ ¢ a 0 --- - u J' U — O ¢ a u o ¢ 0 W R' I'17 R-2 R I 0 R 2 W .L�M470H ! 3 -- ' OF a L�1 5 � r4 CASE NO. 5. 646 APPROVED BY PLAN, COfANI. DATE 5-5-71+ APPLIGANT Coble and F.11is, rep. B. Diaz APPROVED BY GOUNCIL DATE --- — -- Ot-D, 00. RESOL. C40. T ORDINANCE NO. 919 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING DIVISION 9 OF THE PALM SPRINGS ORDINANCE CODE BY MAKING MODIFICATIONS IN DEVELOPMENT STANDARDS I REGARDING R-2, R-3, R-4 (NON-I.NDIAN) and R-4-VP (NON INDI:AN) ZONES AND IN SECTION 9306.00 REGARDING OFF STREET PARKING. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9209.04 concerning performance standards in the R-2 zone is hereby added to Division 9 of the Palm, Springs Ordinance Code to read as follows: 9209.04 PERFORMANCE STANDARDS A minimum of fifty percent (50%) of a site shall be developed as usable landscaped open space and out- door living and recreation area, with an adequate irrigation system. SECTION 2. Subsection C of Section 9210.03 of Division 9 of the Palm, Springs Ordinance Code, concerning density in R 3 zones, is hereby amended to read as follows: I G. DENSITY (Maximum allowable provided all other Ordinance requirements relating to such things as parking, open space, Setbacks, etc„ are met.) 1, Hotel. There shall be a minimum of 1,000 square feet of net lot area for each dwelling unit of a hotel or resort hotel with surface parking, and a minimum of 800 squarej eet of net lot area for each such unit when all parking on the property is provided underground. 2. Apartment. There shall be a minimum of 1,500 square feet of net lot area for each dwelling unit in an apartment house or apartment hotel, SECTION 3. Section 9210.03-M concerning performance standards in the R-3 zone is hereby added to Division 9 of the Palm Springs Ordinance Code to read as follows: 9210.03 M PERFORMANCE STANDARDS A minimum of forty-five percent (45%) of the site area shall be developed as usable landscaped open space and outdoor living and recreation area, with an adequate irrigation system. I SECTION 4. Subsection C of Sections 9211.03 and 9212 .03 of Division 9 of the Palm Springs Ordinance Code concerning density in the R 4 (non-Indian) and R-4-VP (non-Indian) zones are each hereby amended to read respectively as follows: C. DENSITY (Maximum allowable provided all other Ordinance require- ments relating to such things as parking, open space, setbacks, etc. , are met.) 1. Hotel. There shall be a minimum of 1,000 square feet of net lot area for each dwelling unit of a hotel or resort hotel with surface parking, and a minimum of 800 square feet of net lot area for each such unit when all parking on the property is provided underground. There shall be not less than one (1) dwelling unit per each 4,500 square feet of net lot area, 1 C ,138 Ordinance No. 919 Page 2 2. Apartment. There shall be a minimum of 1,500 square feet of net lot area for each dwelling unit in an apartment house I or apartment hotel, There shall be not less than 1 dwelling unit per each 4,500 square feet of net lot area, SECTION 5. Sections 921l.04 and 9212 ,04 (Performance Standards, R-4 and R-4-VP Zones) of Division 9 of the Palm Springs Ordinance Code are hereby amended to read respectively as follows : A minimum of forty-five (45) percent of the site area shall be developed as usable landscaped open space and outdoor living and recreation area, with an adequate irrigation system° SECTION 6, In Subsection E of Section 9306.00 (Automobile Parking Spaces Required) of Division 9 of the Palm Springs Ordinance Code, the below listed subsection is amended to read as follows : The subsection "Multiple Dwellings" shall be amended to read as follows : One and one-half ( 1.5) spaces for each dwelling unit. Garages or carports may be detached accessory buildings. SECTION 7. Subsection C of Section 9209.03 of Division 9 of the Palm Springs Ordinance Code concerning density in the R-2 zone is hereby amended to read as follows: There shall be a minimum of 2,000 square feet of lot area for each I dwelling unit. (Maximum allowable, provided all other Ordinance requirements relating to such things as parking, open space, setbacks, etc. , are met.) SECTION 8. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage, SECTION 9. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circula- tion, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 14th day of February 1972. AYES: Councilmen Foster, McCoubrey, Purcell and Mayor Wiefels NOES: Councilman Pitts ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA I F. D. ALESHIRE City Clerk_ 7 --- Deputy City Clerk Mayor l APPROVED AS TO FORM C=PPROVED City Attorney Director of P1 ing & Development Date Date Date 1-C 4.3 9 I hereby certify that the foregoing Ordinance 919 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on February 14, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation on February 21, 1972, Dated this 22nd day of February, 1972. F.D. ALESHIRE City Clerk BY: JUDITH SUMICH Deputy City Clerk I I i i i 44 ORDINANCE NO. 920 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING DIVISION 9 OF THE PALM SPRINGS ORDINANCE CODE TO ALLOW RESTAURANTS TO HAVE MORE EXPOSURE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION la Section 9210o01-A-2 of Division 9 of the Palm Springs Ordinance Code is hereby amended to read as follows : 2, Resort hotels, including incidental or accessory commercial uses operated primarily for the convenience of the hotel guests, in conformance with the following standards : a. Such total commercial uses shall occupy not more than twenty (20) percent of the gross floor area of the hotel buildings b� That any signs be for the hotel and restaurant use only, Ca That any restaurant or other commercial uses be designated as an integral part of the hotel and be designed within the hotel building, SECTION 2. Sections 9211,,01-A-4 and 9212.01-A-4 of Division 9 of the Palm I Springs Ordinance Code are hereby amended to read as follows: 4, Resort hotels, including incidental or accessory commercial uses operated primarily for the convenience of the hotel guests, in conformance with the following standards : a. Such total commercial uses shall occupy not more than twenty (20) percent of the gross floor area of the hotel building. be That any signs be for the hotel and restaurant use only. c, That any restaurant or other commercial uses be designated as an integral part of the hotel and be designed within the hotel. SECTION 3, EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4, PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. I 5-C 44?- Ordinance No. 920 Page 2 ADOPTED this 28th day of February 1972• AYES: Councilmen Foster, McCoubrey, Pitts and Purcell NOES: None ABSENT: Mayor Wiefels ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F, D. ALESHIRE r 41 a - -� " peputy City Clerk Mayor pr em APPROVED AS TO FORM CONT APPROVED C' y Attorney D' ector of P ning $ Development Date —�-72 Date /Z7172 I hereby certify that the foregoing Ordinance 920 was duly adopted by the City Council of the City of Palm Springs, in a meeting thereof held on I February 28, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation on March, 6," 1972 Dated this 6th day of March, 1972. F.D. ALESHIRE City Clerk i _ J BY: JUDITH SUMICH Deputy CiLy Clerk 1 5-C ORDINANCE NO. 927. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFCRNIA , AMENDING DIVISION 9 OF THE 11AL1`1 SPRINGS ORDINANCE CODE REGARDING PLANNED DEVELOPMENT DISTRICT SECTION. I TILE CITY COUNCIL OF THE CITY OF PALMSPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9406.00-B-5-d (Zone Change - Planning Commission Public hearing Recommendation) of Division 9 of the Palm Springs Ordinance Code is hereby amended to read as follows: d. Where a request for a zone change appears valid for the specific uses proposed by an applicant and for only those uses , the Planning Commission may recommend and the Council may approve a Planned Development District in lieu of a Change of Zone, subject to compliance by the applicant with all of the commitments made in the presentation of his request and such other conditions as the Commission and Council may deem appropriate to assure the type of development proposed and the pro- tection of the health, safety and general welfare in the neighborhood within which the development is pro- posed. A Planned Development District in lieu of a zone change, shall be approved and adopted by ordinance of the City Council. SECTION 2. Section 9407 .00-A (Applicability of Regulations) of Division 9 I of the Palm Springs Ordinance Code is hereby amended to read as follows: A. APPLICABILITY OF REGULATIONS. The following regulations and general rules set forth in this Section and in Section 9402 .00 (Conditional Use Permit) shall apply in a Planned Development District. Where a conflict in regulations occurs, the regulations specified in this Section shall apply. A Planned Development District may be approved in lieu of a Change of Zone as specified in Section 9406.00-B-5-d. SECTION 3. The first paragraph of Section 9407.00-B (Uses Permitted) of Division 9 of the Palm Springs Ordinance Code is hereby amended to read as follows: B. USES PERMITTED. In a Planned Development District, only those uses shown on the preliminary development plan for the particular Planned Development District may be approved by the Planning Commission and City Council after these bodies have made a finding that said uses are in conformity with the General Plan and sound community development. SECTION 4. Section 9407 .00-F (Establishment and Development of a Planned Development 'pisrrict) of Division 9 of the Palm Springs Ordinance Code is hereby amended to read as follows: F. ESTABLISEMENT AND DEVELOPMENT OF A PLANNED DEVELOPMENT DISTRICT. A. Planned Development District may be estaib- lishced 'bpon application of the property owner or owners " or upon the initiative of the City Council or Planning Corzuni.s�i.on 1. in accordance with the procedures set forth in Section 91,02.00. No Planned Development District shall be adopted unless a preliminary development plan has been approved. Any development- in a Planned Development District shall he subject to the requirements of this Section and 4��{� Ordinance No. 921 Page 2 shall be in conformity with the requirements of the development plan adopted for such Planned development District . A Planned Development District may be approved in lieu of. a Change of Zone as specified in Section 9406 .00--B--5-d. SECTION 5 . Section 9407 .00-G (Preliminary Development Plan Approval) of Division 9 of the Palm Springs Ordinance Code is hereby amended to read as follows: G. PRELIMINARY DEVELOPMENT PLAN APPROVAL. The applicant shall submit a preliminary development plan to the Planning Commission for an approval in principle. A map or site plan of the subject property shall contain the following information: 1. Legal description of the property. 2. Proposed locations of all buildings, circulation pattern and other specific use areas such as parking, active recreation and open space. 3. Calculations showing gross area of property, net area of property after public street dedications , building coverage (including garages or carports) , area devoted to private streets and 'open parking, open -space and recreation areas. 4. Indication of number and size of proposed units and density based on net acreage of property. 5 . Preliminary report indicating provisions for drainage and I sewage disposal. 6. If required by the Director of Planning and Development, topographic map of subject property. SECTION 6. The first paragraph of Section 9407 .00-I (Action by the City Counci of Division 9 of the Palm Springs Ordinance Code is hereby amended to read as follows: I. ACTION BY THE CITY COUNCIL. Approval by the City Council of the preliminary development plan in accordance with the procedures required by Section 9402.00 of this Ordinance shall constitute that body's approval establishing a Planned Development District, and the preliminary development plan shall, by reference, be incorporated into and become a part of the Planned Development District. SECTION 7 . Section 9407.00-J (Final Development Plan. Approval by the Planniu Commission and City Council) of Division 9 of the Palm Springs Ordinance Code i, hereby amended to read as follows: J. FINAL DEVELOPMENT PLAN. APPROVAL BY PLANNING COMMISSION AND CITY COUNCIL. The applicant shall submit- a final development I plan for approval by the Planning Commission and City Council . Said final plan shall be substantially opmenin conlorm_a_r.ce wi cL the approved preliminary' plan, The final develt plan shall consist of the following: 1. A site plan showing in detail the design and location of all functional areas such as parking, landscaping, recreation, auto and pedestrian circulation, and showing buildings and their relationship to said functional- areas. 445 Ordinance No. 921 Page 3 2. A tabulation of the total land area and percent thereof designated for various uses. 3. Exterior elevations , including colors and materials to I be used. 4. Landscape plan indicating walls and location, number, size, and name of all trees , shrubs, and ground cover. 5. Irrigation Plan. 6. Location, size, and lighting of all signs. 7. Plan indicating all proposed lighting. 8. Grading plan for the entire property described in the preliminary development plan. 9. In addition, the final development plan shall be accompanied by the following: (a) A statement indicating the stages of construction proposed for the entire development. (b) A statement of provisions for ultimate ownership of all parts of development, including streets, structures, and open spaces and suitable deed covenants providing for continuing use of property for open space purposes. I SECTION 8. Section 9407 .00-L (Termination of Proceedings) of Division 9 of the Palm Springs Ordinance Code is hereby renumbered to Section 9407.00-M and amended to read as follows: M. TER-MINATION_OF PROCEEDINGS. If, within one (1) year after the . Hate of_al�p-roval by the City Council of the preliminary development plar,i the final develo menlan �as ;ndicated in Section 9407.00-I, has not been approvedby the City Council , the procedures and actions which have taakenplace up to that time shall be null and void and The P)_.nnned Development District shall expire. No extension of time shall be allowed. SECTIO14 9. Section 9407 .00-K (Modification of Final. Development Plan) of Division 9 of the Palm Springs Ordinance Code is hereby renumbered to Section 9407.00-•1, _,nd amended to read as follows- L. MODIFICATION OF FINAL DEVELOPMENT PLAN. The final. development plan may be modified by submitting a request for such modifica- tion according to the same procedure as is required in the initial review and approval process, including public hearings by the Planning Cocmnission and City Council in accordance with Section 9402.00 of this Ordinance. SECTION 10, Section 9407 .00-K (Final Development Plan. Appeal of Planning ` Commission Action) of Division 9 of the Palm Springs Ordinance Code is hereby Iadded to read as follows: K. FINAL DEVELOPMENT PLAN. APPEAL OF PLANNING COMMISSION ACTION. The appeal procedure provided in Section 9402.00-D shall apply, E Ordinance No. 921 Page 4 SECTION 11. Section 9407.00-M (Termination of Planned DevelopmenL District) of Division 9 of the Palm Springs Ordinance Code is hereby renumbered to Section 9407.00-N. SECTION 12 . Section 9407 .00-1,I (Designation of Plannad Development Distract I on Zoning Map) of Division 9 of the Palm Springs Ordinance Code is hereby renumbered to Section 9407.00-0. • Section 13. EFFECTIV'E DATE. This Ordinance shall. be in full force and effect thirty (30) days after passage. SECTION 14. PUBLICATION. The City Clerk is hereby ordered and ,directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published, and circulated in the City of Palm Springs, California. ADDOPTED this 13th day of March _ 1972, AYES: Councilmen Foster, McCoubrey, Pitts, and Mayor Wiefels NOES: None ABSENT: Councilman Purcell ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE C.ty— ei � I�-- eputy City Clerk Mayor APPROVED AS TO FORM CONTENTS APPROVED �- "G`ity Attorney Director of �,rining and Development Date 72 Date �J—ZZ 2 I hereby certify that the foregoing Ordinance 921 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on March 13, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation on March 22, 1972. Dated this 24th day of March, 1972. F.D. ALESHIRE I City Clerk Y: JUDITII SUMICH Deputy City Clerk 44 � ORDINANCE NO. 922 Lf/ AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE PAYMENT OF FEES IN CONNECTION WITH NEW CONSTRUCTION, AND THE DEPOSIT OF SUCH FUNDS IN THL PARKS IAND RECREATION FUNDFOR CAPITAL OUTLAY USE. - - THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Article 225 is hereby added to Chapter 22 of the Palm Springs Ordinance Code, to read as follows: ARTICLE 225 ADDITIONAL TAX ON NEW CONSTRUCTION 2251. NEW CONSTRUCTION TAXED. In addition to any other fee' or fees prescribed in this Chapter, every person constructing any new building or addition or trailer space in the City of Palm Springs shall pay to the City a sum appropriately computed as follows: A, For each dwelling unit in a single-family, condominium, apartment duplex, or multiple-dwelling structure, or in a hotel or dormitory, fifteen cents (150 per square foot of gross building area under roof, or $200. 00 per each dwelling unit, whichever is the greater total sum, B. li'Or each trailer spal:C, �p4vv, ••-- for any directly accessory structure. C. For any other construction not falling within the definition of "dwelling unit" or "trailer space", or within subsections A or B above, fifteen cents (151) per square foot of gross building area under roof. 2252. TIME FOR PAYMENT. Such fees shall be due and payable upon application to the City for a building permit for the construction of any such dwelling unit or building or addition; provided, however, that there shall be a refund of such fees in the event the building permit is not approved, or is not used, for such construction. 2253. DEFINITIONS. A. As used herein, the term "person" includes every pert:.)n, firm, or corporation engaging in construction activities itself or through the services of any employee, agent or independent contractor. B. As used herein, the term "dwelling unit" includes each I single-family dwelling and each habitation unit of an apart- ment duplex or multiple-dwelling structure designated as a separate place for habitation of a. family as that term is defined in the Palm Sprinp Zoning Ordinance. "Dwelling unit" also includes each ' guest room". -1- Ordinance No. 922 Page 2. C. As used herein, the term "guest room" shall mean as I the term is defined in the Palm Springs Zoning Ordinance, when such room is located in a structure other than a single-family dwelling and is designated for separate use by a family, and shall also mean each bed in a dormitory as the latter is defined in said Zoning Ordinance. D. As used herein, the term "trailer space" means each space, area or building, in a trailer park or mobilehome park or other place, designed or intended as a place to accommodate any mobilehome, trailer, van, bus, or other vehicle or mobile structure, at a time when the same is being used as living or sleeping quarters for human beings. 2254, RESTRICTION ON USE OF FUNDS. All of the sums collected pursuant to this Article shall be deposited in the Parks and Recreation Fund and shall be used solely for capital outlay expenditures as authorized from said fund, for purposes such as, but not limited to, the following: A. Purchase of land and interests in land. B. • Development of parks, and buildings for use thereon. C. Acquisition and development of other varieties of open :1:.c c. D. Acquisition and development of parkways and median islands. E-. Acquisition and development of bicycle trails, riding trails, and other types of trails for recreational use. SECTION 2. DECL.ARATION OF NEED. The City Council hereby declares that the fees required to be paid hereby are assessed pursuant to the taxing power of the City and solely for the purpose of producing revenue. The continuing increase in the development of dwelling units and other construction in the City with the attend- ant increase to the population of the City has created an urgency in that funds are needed for the increased demand for open space, parks and other leisure oriented facilities required to serve the increasing population of the City. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of this City hereby declares that it would have adopted this Ordinance I and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub- sections, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 922 Page 3. SECTION 4. EFFECTIVE DATE FOR COMMENCEMENT OF TAX LEVY. The taxes herein provided for, and the fees required to be I paid, shall be applicable with respect to building permits for con- struction activities, issued on or after March 20, 1972. Any person constructing one or more dwelling units, or otherwise engaging in construction taxable hereunder, pursuant to a building permit applied for on or after said date, or applied for before said date but not actually issued until on or after said date, shall be liable for payment of said fees irrespective of whether said fees were collected at the time of building permit application or issuance. No occupancy permit shall be issued with respect to any completed structure or construction taxable hereunder, unless and until the proper tax due has been paid. SECTION 5. This Ordinance, being an Ordinance relating to taxes for usual and current expenses of the City, shall take effect imme- diately upon its passage. Before the expiration of fifteen (15) days after its passage, this Ordinance shall be published once in THE DESERT SUN, a newspaper of general circulation printed and pub- lished in the City of Palm Springs. ADOPTED this 8th day of _ MaV 19721 AYES: Councilmen roster, Garcia, Purcell, ;chlecht and Nlayor Wiefels NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F, D, ALESHIRE City Clerk Deputy City Mayor �r APPROVED AS TO FORM, CONTENTS APPROVED: C , Attorney Date � �yK) I }� 5 Y I hereby certify that the foregoing Ordinance 922 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on May 8, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation on May 16, 1972. Dated this 16th day of May, 1972. I F.D. ALESHIRE City Clerk Y: JUDITH SUMICH Deputy City Clerk I 453 ORDINANCE NO. 923 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING BY REFERENCE THE 1971 NATIONAL ELECTRICAL CODE, WITH AMENDMENTS, IN ACCORDANCE WITH SECTION 50022. 1 ET SEQ„ I OF THE GOVERNMENT-CODE OF-THE STATE OF CALIFORNIA. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Article 804 of Chapter 80 of Division 8 of the Palm Springs Ordinance Code is hereby repealed. SECTION 2. Article 804 of Chapter 80 of Division 8 of the Palm Springs Ordinance Code is hereby added to read as follows: ARTICLE 804 ELECTRICAL Collateral Reference: Copies of the National Electrical Code, 1971 Edition, which were adopted by Ordinance No. 923 , effective June 12 1972 are on file in the office of the City Clerk. 804. 1 "PALM SPRINGS ELECTRICAL CODE". Pursuant to the provisions of Sections 50022.1 et, seq. of the Government Code of the State of California, the National Electrical Code, 1971 Edition, promulgated by and adopted by the National Fire Protective Association at its annual meeting held May 17-21 , 1971 , in San Marino, California, and approved by the American National Standards on June 25, 1971 , is hereby adopted by reference, and said Code, together with the additions hereinafter set forth in this Article, shall be known as the "Palm Springs Electrical Code" and it shall be sufficient to refer to this Article 804 as the Palm Springs Electrical Code in any prosecution for violation of any provisions thereof or other- wise. It shall be sufficient to designate any ordinance adding to, amending or repeating this Article 804 or any part thereof, as an addition to, amendment or repeal of the "Palm Springs Electrical Code", or any part thereof. 804.2 ADDITIONAL REGULATIONS TO THOSE PROVIDED BY THE NATIONAL ELECTRICAL CODE, 1971 EDITION, ADOPTED BY REFERENCE HEREIN. 804.2. 1 PERMIT REQUIRED. Every permit for electrical work or installation issued on or after the effective date of this Ordinance, shall be issued and all work done and installations made under each such permit shall conform to the provisions of this Code. 5-F 45(k Ordinance No. 923 Page 2 804.2.2 BUSINESS LICENSE. It shall be unlawful for any person firm, or corporation, to engage in the business of installing, altering and/or repairing any electrical wiring, electric current consuming devices and/or controls, without first securing a Palm Springs city business license. 804.2.3 APPLICATION. Every application for a license to engage in the business of installing, altering or repairing electrical wiring or equipment within the City of Palm Springs, shall be made to the City Clerk, and shall be issued when the applicant shows proof of pos- essing a valid, unsuspended unrevoked C-10 license issued to the applicant by the Contractor' State License Board of the State of California. 804.2.4 EXCEPTION TO STATE LICENSE REQUIREMENT. Persons, firms or corporations who specialize only in sales and/or repairs of motors or small appliances , and who make these repairs or sales in their permanent place of business, will not be required to possess a State Con- tractor's C-10 license. 804.2,5 BUILDING INSPECTOR ENFORCEMENT OFFICER. DUTIES. It shall be the duty of the Building Inspector to see that the provisions of this Code are enforced. He shall , upon application, grant permits for the installations or alterations of electrical wiring, devices, appliances and equipment, and shall make in- spections of all new electrical installations , all as provided in this Code. He shall keep complete records of all permits issued, inspections and reinspections made, and other official work performed in accordance with the provisions of this Code. 804.2.6 PROHIBITED CONDUCT OF BUILDING INSPECTOR. It shall be unlawful for the Building Inspector to engage in the business of sale, installation or maintenance of electric wiring, devices, appliances or equipment, either directly or indirectly, or to have any financial interest in any concern engaged in such business. 804.2.7 INSPECTION RIGHT TO ENTER. The Building Inspector shall have the right during reasonable hours to enter any building in the discharge of his official duties, or for the purpose of making any inspection, reinspection or rest of the installation of electric wiring, devices, appliances and equipment contained herein except that the Inspector I Ordinance No. 923 Page 3 is not empowered to enter any dwelling while the same is occupied as a dwelling without the consent of the occu- pant thereof. The Building Inspector shall have the I authority to cut or disconnect any secondary wires in cases of emergency where necessary for safety to life or property, or where such wire may interfere with the work of the Fire Department. Said Building Inspector is hereby authorized to disconnect or order the discon- tinuance of electrical service to any electric wiring, devices, appliances or equipment found to be dangerous to life or property because they are defective or defec- tively installed until such wiring, devices, appliances and equipment and their installation have been made safe and approved by said Building Inspector., 804.2.8 PERMITS. (a) GENERAL. No electric wiring, devices, appliances or equipment shall be installed within or on any building, structure or premises nor shall any alteration be made in any such existing wiring, devices, appliances or equipment without first securing a permit therefor from the Building Inspector, except as stated in Sub- section b, c, d and e, this Section, and Section 804.2. 11 a and b. No permit shall be issued to any owner of any building, structure or premises or any party who does not possess a valid State of California Contractor's C-10 license and a City of Palm Springs license except otherwise provided by the State Business and Professions Code. (b) MINOR REPAIR. No permit shall be required for minor repair work, the replacement of lamps or the connection of portable devices to suitable receptacles which have been permanently installed, or for connecting, servicing, repairing or replacing equipment provided no changes in the permanent wiring are required. (c) LOW VOLTAGE. No permit shall be required for the in- stallation, alteration or repair of wiring, devices, appliances or equipment for the operation of signals or the transmission of intelligence, where such wiring, devices, appliances or equipment operate at a voltage not exceeding 25 volts between conductors and do not include generating or transforming equipment capable of supplying more than 50 watts energy. 4, Ordinance No. 923 Page 4 (d) PUBLIC SERVICE CORPORATION. No permit shall be required for the installation, alteration or repair of electric wiring, devices, appliances and equipment I installed by or for an electrical public service cor- poration for the use of such a corporation for trans- mission, distribution or metering of electrical energy. (e) TEMPORARY WIRING. No permit shall be required for the installation of temporary wiring for testing electrical apparatus or equipment. (f) APPLICATION, Application for such permit describing the work to be done shall be made in writing to the Building Inspector by the person, firm or corporation installing the work. 804.2,9 PLANS. In all new construction, the application for building permits shall be accompanied by the plans showing all electrical outlets, wire sizes and the service in accordance with the National Electric Code, or the application may be accompanied by wiring estimator sheet similar to the Westinghouse Wiring Estimator sheets. The Building Inspector may waive the require- ment on remodel work. 804,2.10 INSTALLATION IN CONFORMITY WITH PERMIT. The permit when issued shall be for such installation as is described in the application, and no deviation shall be made from the installation so described without the approval of the Building Inspector. 804.2. 11 (a) SPECIAL OWNER'S PERMIT. The Building Inspector may issue to an individual a Special Owner's Permit authorizing said individual to install , alter, change or repair elec- trical equipment in or about a single-family dwelling of which said individual is the owner and resides therein, but not elsewhere, provided that no electrical work authorized under such Special Owner's Permit shall be done nor shall the owner holding any such permit allow any such work to be done except personally by the owner to whom the permit is issued, or by a member of his immediate family; and if this or any other provision hereof shall be violated by the holder of such Special Owner's Permit, such permit shall be subject to immediate cancellation and the holder thereof shall be liable to the penalty hereinafter provided for violation of this Code. l Ordinance No. 923 Page 5 (b) LIMITATION, Special Owner's Permit will be issued to wire only single-family dwellings in which the owner I resides or intends to reside, after qualifying to do said work by submitting adequate plans for approval . The requirements of this Code are hereby specifically declared to govern and control the installation, alteration or repair of any electric wire devices, appliances or equipment in any building or structure owned or controlled by any public or quasi-public or political corporation or body, except as to such electric wiring as specifically exempted under this section, 8042.12 FEES FOR PERMITS AND INSPECTIONS. (a) PERMIT MINIMUM. No permit shall be issued for less than four dollars ($4.00) . (b) DECORATIVE WIRING. Permit will not be required for decorative wiring but will be required for heavy temporary wiring such as carnivals, exhibitions and other places of public assembly. (c) FEE SCHEDULE. Outlets including switch and light outlets 20� each I Light fixtures . . . . . . . . . . . . . . . 20¢ each Meter loop 2,00 each Temporary service 4.00 each 220 Volt Outlets . . . . . 1 .00 each All fixed appliances (110 volt) , . . . . . .50¢ each Each trailer space . . . . . . . . . . . . 2.00 each Motors Not over 1 HP . . . . . . . . . . . . . 1 .00 each 1 HP to 3 HP . . . . . . . . . . . . . . 1 .50 each 3 HP to 8 HP . . . . . . . . . . . . . . 2.00 each 8 HP to 15 HP . . . . . . . . . . . . . 2.50 each 15 HP to 50 HP . . . . . . . . . . . . . 3.00 each 50 HP to 100 HP . . . . . . . . . . . . 5.00 each (d) HOURLY FEE CHARGE. For the inspection for any electrical equipment for which no fee is herein prescribed, there shall be charged a fee per hour of ten dollars ($10.00). (e) FEE PAYMENT PRIOR TO INSPECTION. No permit shall be issued nor any inspection made for any person, firm or corporation or political subdivision until all fees are paid in full . I Ordinance No. 923 Page 6 8043,13 INSPECTION AND CERTIFICATES. (a) INSPECTION ON COMPLETION. Upon the completion of the I work which has been authorized by issuance of any permit, it shall be the duty of the person, firm or corporation installing the same to notify the Building Inspector, who shall inspect the installation within 48 hours , exclusive of Saturdays, Sundays and holidays, of the time such notice is given or as soon thereafter as practicable. (b) CERTIFICATION OF APPROVAL. Where the Building Inspector finds the installation to be in conformity with the pro- visions of this Code, he Shall issue to the person, firm or corporation making the installation, ,upon request, a certificate of approval . (c) CORRECTION OF DEFECTIVE WORK. All defects shall be cor- rected within ten (10) days after inspection and notifica- tion, or within other reasonable time as permitted by the Building Inspector. (d) INSPECTION OF INSTALLATIONS TO BE CONCEALED. When any part of a wiring installation is to be hidden from view by the permanent placement of parts of the building, the person, firm or corporation installing the wiring shall notify the Building Inspector and such parts of the wiring installation shall not be concealed until they have been inspected and approved by the Building Inspector; provided that on large installations, where the concealment of parts of the wiring proceeds continuously, the person, firm or corporation installing the wiring shall give the Building Inspector due notice, and inspections shall be made periodically during the progress of the work. The Building Inspector shall have the power to remove or require the removal of any obstruction that prevents proper inspection of any electric equipment or installation. (e) REINSPECTION. The Building Inspector shall make, periodi- cally, a reinspection of the installation of all electric wiring, devices, appliances and equipment now installed or that may hereafter be installed within the City of Palm Springs and within the scope of this Code (where such reinspection is permitted under the provisions of Article 806), and when the installation of any such wiring , devices , appliances or equipment is found to be in a dangerous or unsafe condition, the person, firm or corporation owning, using or operating the same shall be notified in writing and shall make the necessary repairs or changes required to place such wiring, devices, appliances or equipment in safe condition and have such work completed within such time as specified by the Building Inspector in said notice. I Ordinance No, 923 Page 7 804.2.14 CONNECTION TO INSTALLATIONS. (a) ELECTRICAL CONNECTIONS TO CONFORM WITH CODE. It shall be unlawful for any person, firm or corporation to make connection from a source of electrical energy or to supply electric service to any electric wiring, devices, appliances or equipment, for the installation of which a permit is required, without first obtaining such permit. (b) UNLAWFUL CONNECTION TO SOURCE OF ENERGY, It shall be unlawful for any person, firm or corporation to make connection from a source of electrical energy, or to supply electric service to any electric wiring, devices, appliance or equipment which has been disconnected or ordered to be disconnected by the Building Inspector or the use of which has been ordered by the Building Inspector to be discontinued until a certificate of approval has been issued by him authorizing the recon- nection of such wiring, devices, appliances or equipment. 804.2.15 STANDARDS FOR INSTALLATIONS AND MATERIALS. (a) INSTALLATIONS. All installations shall be in conformity with the provisions of this Code, the rules of the Public Utilities Commission under the authority of I the Statutes of the State of California, the rules and regulations issued by the Industrial Accident Commission of California under authority of the State Statutes, and shall be in conformity with approved standards for safety to life and property, In every case where no specific type or class of material , or no specific standards are prescribed by the Statutes of the State of California, by regulations issued under authority of the State Statutes or by this Code, conformity with the regulations as laid down in the National Electrical Code, 1971 Edition, shall be prima facie evidence of conformity with approved standards for safety to life and property. (b) MATERIALS AND EQUIPMENT. All electrical materials , devices, appliances and equipment installed or used in the City of Palm Springs, shall be in conformity with the provisions of this Code, the rules of the Public Utilities Commission under the authority of the Statutes of the State of California, the rules and regulations issued by the Industrial Accident Commission of California under authority of the State Statutes, and shall be in conformity with approved standards for safety to life and property. Except where by the Statutes of the 1 400 Ordinance No. 923 Page 8 State of California by order issued under the authority of the State Statutes, or by this Code, a specific type or class of material , device, appliance or equip- ment is disapproved for installation or use, conformity with the standards of Underwriters' Laboratories, Inc. shall be prima facie evidence of conformity with approved standards for safety to life and property. The maker's name, trade-mark, or other identification symbol shall be placed on all electric materials, devices, appliances and equipment used or installed under this Code. Previously used materials shall not be reused without the approval obtained in advance from the Department of Community Development. (c) UTILITIES. All utilities for direct service to sub- divisions, building sites and structures shall be in- stalled underground. The owner or developer is responsible for complying with the requirements of this section and shall make all the necessary arrangements as required by the serving utilities for the installation of such facilities. For the purpose of this section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an under- ground system may be placed above ground. 804.2. 16 INSTALLATION REQUIREMENTS. (a) SERVICE ENTRANCE AND METER WIRING. The latest type of service entrance and meter wirinr�g, as adopted by the electrical serving agency, sha l be installed. (b) EXISTING SERVICE ENTRANCE. For installations where existing service entrance equipment is remodeled and the connected load does not exceed 12 KW, No. 6 conductors in 1 inch raceway with at least a 60 ampere disconnect may be installed. If equipment is relocated, service shall be 100 ampere minimum capacity. (c) NEW SERVICE REQUIREMENTS. 1 , SERVICE ENTRANCE CONDUCTORS. All service entrance conductors shall be installed in approved rigid galvanized or sherridized conduit, or other approved raceway, except that other methods of installation complying with the California State Electrical Safety Orders shall be used for installation of high voltage conductors. Attention is called to requirements of the local servicing company. Ordinance No. 923 Page 9 2, NUMBER OF SERVICE LATERALS. Not more than one service lateral shall be installed to any structure I under single ownership or on any single lot of record for the same class of load except where metered loads are more than 150 feet apart, as measured in a straight line, or when required by serving utility. (a) Service laterals shall be as defined in Article 100 of the National Electrical Code. (b) Service-entrance conductors, feeder con- ductors and branch circuit conductors shall not be run overhead between structures on the same site. (c) Service entrance, feeder and branch circuit shall be as defined in Article lOQ of the National Electrical Code. 3. EXCEPTIONS. For installations to supply limited loads such as small power installations, sign boards, etc. , No. 8 conductors in 3/4 inch raceway. 804.2.17 (a) DISCONNECT ON NEW SINGLE-FAMILY DWELLINGS. All new I single family dwellings shall have a minimum of 100 ampere main disconnect. (b) SERVICE LOAD. The main switch and/or distribution panel of a dwelling occupancy shall have an adequate capacity and space to carry the calculated load, plus an 8 KW future with four (4) spare spaces at the time of final inspection. The 8 KW load is not to be reduced by the demand factor. 804.2.18 DISCONNECT MEANS - APPLIANCES AND EQUIPMENT. (Lock out means or low voltage control circuits not acceptable). Separable connectors or attachment plugs may be used as required disconnect means for appliances and other equipment, as allowed and provided for by National Electrical Code. Where separable connectors or attach ment plugs are not allowed or provided for by N. E.C. or C.E.S.O. , there shall be an approved means of disconnecting the power supply mounted directly on the appliance or equipment. Ordinance No. 923 Page 10 On roof areas, the Building Division, Department of Community Development, may permit the disconnect means to be located as follows: I 1 . Within 22 feet, horizontally, of appliance or equipment and not more than 6 feet above walking surface. 2. Where the slope is no greater than one foot (1 ' ) in ten feet (10' ) , a group of disconnects may serve several pieces of equipment provided each piece of equipment is located on the same roof area within clear unobstructed sight and within walkable distance of fifty (50) feet. Walkable distance shall mean accessible without the use of ladder or stairway and unobstructed by any object exceeding a vertical height of twelve (12) inches. 804.2.19 DAMP LOCATIONS. All witring installed below ground levels such as vaults or pits, shall be in metallic raceways. Motors of one horsepower (1 HP) or less and single phase shall be connected by the use of flexible neoprene three (3) wire cord using a three (3) wire grounded plug in receptacles. 804.2.20 METERED SYSTEMS IN SEPARATE RACEWAYS. The conductors of ' different metered systems shall not occupy the same raceway after they leave the service enclosure. 804.2,21 ROUGH-IN INSPECTION. All conductors shall be pulled in and circuits made up or identified prior to rough inspec- tion. 804.2,22 FINAL INSPECTION. At time of final inspection, all circuits shall be connected to their breaker" or fuse at supply panel . 804.2.23 RESPONSIBILITY, This Code shall not be construed to relieve from or lessen the responsibility of any party owning, operating, controlling or installing any electric wiring, electric devices, and/or electrical material for damages to person or property caused by any defect therein nor shall the City of Palm Springs be held as assuming any such liability by reason of the inspection authorized here- in, or certificate of inspection issued as herein provided. I O.rde No. 923 Page 11 804°2.24 VALIDITY, If any section, subsection, sentence, clause or phrase of the Code is for any reason held to be unconstitutional, such decision shall not affect the I validity of the remaining portions of the Code. The City Council of the City of Palm Springs hereby declares that it would have passed this Code and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitu- tional. SECTION 3° EFFECTIVE DATE, This ordinance shall be published once in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, within fifteen (.15) days from and after its adoption and shall take effect and be enforced thirty (30) days from and after its adoption. The foregoing ordinance was introduced after reading of the title and of the title of the code adopted thereby, before the City Council of the City of Palm Springs, California, at the regular meeting of said City Council held on May 22, 1972, and thereafter, following the public hearing pursuant to Section 50022°3 of the Government Code of the State of California, the foregoing ordinance was ,finally adopted at a regular meeting of said City Council held on June 12, 1972, by the following vote, to-wit: AYES: Councilmen Foster, Garcia, Purcell, Schlecht, and Mayor Wief-els I NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F.D. ALESHIRE City Clerk �' �7_D�puty City Clerk Mayor APPROVED AS TO FORM: CONTE P-S PROVfflED° ty Attorney JDirector of Community Development Date /7 Date 6-12-72 I hereby certify that the foregoing Ordinance 923 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on June 12, 1972, and that same was published in THE DESERT I SUN, a newspaper of general circulation on June 19, 1972. Dated this 19th day of June, 1972. F.D. AEESHIRE City Clerk 7 / BY: JUDITH SUMICH Deputy City Clerk 5-F �;E�� I I I � i ORDINANCE NO. 92JI AN ORDINANCE OF TILE CITY OF PALtW SPRINGS, CALIFORiVIA, ADOPTING AS AN URGENCY MEASURE, AMENDMENTS TO THE PALM SPP,INGS ZONING ORDLVAI\ICE: REQUIRING CONDITIONAL USE PERMIT APIDEOVAL FOR ALL CONSTRUCTION EXCEEDING FIFTEEN FEET I'N HEIGHT. AND FOR ALL DEVELOP- MENTS IN 13-2, R-3, R-4 AND R-4-VP ZONES EXCEPT SMALLER SINGLE-STORY DEVELOPMENTS, SAID AMENDMENTS TO BE IN EFFECT ON AN INTERIM STUDY BASIS PURSUANT TO GOVERNMENT CODE SECTION 65858. --------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. From and after the effective date of this Ordinance, ai.1d for the period during which this Ordinance remains in effect, the Palm Springs Zoning Ordinance (Chapters 91, 92, 93 and 94 of the Palrn Springs Ordinance Code, with related maps) shall be subject to the following amendments and modifications: a. In the R-2, R-3, R-4 and R-4-VP zones, all new developments of land involving substantial construction and change from the uses previously made of the land, shall be subject to the obtain- ing of conditional use permits therefor from the City Council, provided, however, that this re- quirement shall not be applicable to developments of one-story structures of ten or less dwelling units in E-Z zones ii conumuila-I ude 1JV11131L approval is not otherwise required therefor. b. In all zones in the City, no structure or build- ing shall be erected in excess of fifteen feet (151) in height (except as permitted by Section 9303. 00-A) unless and until a conditional use permit has been obtained therefor from the City Council. The regulations contained in this section shall be effective as to all future developments except those for which, prior to the effective date of this ordinance, substantially complete building plans have been filed for "plan check" and issuance of building permit, or other final approval of a project ("final approval" for this purpose not to include plat; check and issuance of building permit) has been granted by the Planning Commission or the City Council (whichever agency in the particular instance grants such final approval). SECTION 2. URGENCY. This Ordinance is adopted as an urgency measure pursuant to the authority of Section 65858 of the Government Code of the State of California, for the immediate preservation and protection of the public safety, health and welfare, and shall take effect immediately upon its adoption and passage by at least a four-fifths vote of the City Council. The declaration of the facts constituting the urgency is as follows: A planning study is currently under way to reevaluate the City's General Plan and to develop, in compliance with -1- / 1G'�l d ° Ord. No. 924 O Pg. 2 State law, various new General Plan elements relating to subject,,, such as conservation, housing, noise, open space, fire safety, seismic safety and scenic highways. The work program for the study and de- velopment of the said General Plan elements extends over a one-year period, and during that interim period it is essential to the public interest that the controls imposed by this Ordinance be maintained. SECTION 3. EFFECTIVE PERIOD OF ORDINANCE. This Ordinance was adopted following a duly held public hearing by the City Council, notice of which hearing was given pursuant to Sec- tion 65856 of the Government Code of the State of California, and accordingly shall remain in effect for a period of one year from the date of adoption unless sooner repealed or otherwise modified, and subject to any extension of the one year period duly enacted, all pursuant to and in accordance with Section 65858 of said Government Code. SECTION 4. EFFECTIVE DATE -- PUBLICATION. This Ordinance shall be in full force and effect immediately upon adoption by at least a four-fifths vote of the City Council; and the City Clerk shall, certify to the passage hereof and cause the same to be published once, within fifteen days after passage, in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 24th day of July 1972. AYES: Councilmen Foster, Garcia, Purcell, Schlecht & Mayor Wiefels NOES: None ABSENT: None ATTEST: CITY OF PAT.M SPRTNC;R. C"AT.FFC1RKfTA F. D. ALESHIRE City-C3-,rk �r fi6puty City Clerk APPROVED AS TO FORM: CONTENTS APPROVED: .� City .Attorney �e_rlllir'erctor of Comrnunit5�fi�evelopment V Date__7- I hereby certify that the foregoing Ordinance 924 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on July 24, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation, on August 1, 1972. Dated this lst day of August, 1972. D. ALESHIRE C ty Clerk � 9Y: JUDITH SUMICH !Deputy City Clerk -2 - ORDINANCE NO. 925 AN ORDINANCE OF TILE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2251 OF THE PALM SPRINGS ORDINANCE CODE BY PROVIDING AN EXEMPTION FROIVl THE TAX ON NEW CON- STRUCTION IN CASES OF ADDITIONS TO SINGLE FAMILY Dj'TELL[NGS NOT EXCEEDING �1000 I1N VALUATION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2251 of the Palm Springs Ordinance Code is hereby amended by the addition thereto of a. new subsection "D. ", reading as follows: D. Notwithstanding any of the foregoing provisions of this section, no fee shall be payable on account of construction of an addition to an existing single- family dwelling, which construction does not ex- ceed $>1000 in valuation. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in TIIE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 24th day of July 3.972. AYES: Councilmen Foster, Garcia, Purcell, Schlecht & Mayor Wiefels NOES: None ABSENT: Nme ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City Clerk Deputy City Clerk Mayor APPROVED AS TO FORM: CONTENTS APPROVED: C7J"j* Attorney "—� City Manager Date_— _ 2 2, — _ — I hereby certify that the foregoing Ordinance 925 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on July 24, 1972, and that same was published in THE DESERT SUN, a newpaper of general circulation, on August 1, 1972. Dated this 1st day of August, 1972. F.D. ALESHIRE --'C'ty Clerk <_ JUDITH SUMICH / Deputy City Clerk I l ORDINANCE NO. 926 OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING DIVISION 9 OF THE PALM SPRINGS ORDINANCE CODE FOR A CHANGE OF ZONE FROM R-TP TO R-2 FOR PROPERTY I LOCATED ON THE EAST SIDE OF SOUTH PALM CANYON DRIVE, BETWEEN LA VERNE WAY AND EL PORTAL EXTENDED, SECTION 26, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant. to Section 9100,03-b of Division 9 of the Palm Springs Ordinance Code, the official Zoning Map of the City of Palm Springs referred to therein is hereby amended as follows : Zone Change: The property ,legally described as the northly 33 feet of Tract No. 1 , in Section 26, Township 4 south, Range 4 East, San Bernardino Meridian, in the City Palm Springs, County of Riverside, State of California, according to the Official Plat thereof, is hereby zoned from R-TP (Residential Trailer Park) to R-2 (Limited Multiple Family Residential) . SECTION 2. EFFECTIVE DATE, This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION, The City Clerk is hereby ordered and directed to certify to the ,passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California, ADOPTED this 24th day of July , 1972� AYES: Councilmen Foster, Garcia, Purcell, Schlecht & Mayor Wiefels NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F, D. ALESHIRE Ci ty,'Cl By uty City Clerk APPROVED AS TO FORM CON APPROVED ity Attorney Director of ommunity Development IDate Date ��72 1 C I hereby certify that the foregoing Ordinance 926 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on July 24, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation, on August 1, 1972. I Dated this lst day of August, 1972. F.D. ALESHIRE y Cl er]< -f JUDITH SUMICH Deputy City Clerk I ORDIIIA'dCE NO. 927 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDIING SECTIONS 29. 13-3 AND 29. 13-20 OF T11E PALM SPRINGS ORDIINANCE CODE, RELATTLiG RESPECTI"TELY TO THE TRANSIENT OCCUPANCY TAX RATE, AND TO TIIE USE OF PROCEEDS FROM TIi>; 'TRANSIENT OCCUPANCY I TAX. ------------ THIS CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 29. 13-3 of the Palm Springs Ordinance Code is hereby amended to read as follows: 29. 13-3 TAX IMPOSED. For the privilege of occupancy in any hotel, each transient is subject to, and shall pay a tax in the amount of six percent (6%) of the rent charged by the operator. Insofar as the transient is concerned, said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City. SECTION 2. Section 29. 13•.20 of the Palm Springs Ordinance Code is hereby amended to read as follows: 29. 13-20 USE OF PROCEEDS. The net proceeds from the tax imposed herein shall be used for advertising, publicity, promotion and capital projects, includ- ing debt retirement, of the City, and shall be piacea In a rjpu :ltil Promotion and Development Fund. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage, and shall become operative at midnight, September 30, 1972. SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 14th day of August 1972. AYES: Councilmen Foster, Garcia, Purcell, & Mayor Wiefels NOES: None ABSENT: Councilman Schlecht ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City Clerk Ie- 13,r . - Deputy City Clerk Mayor APPROVED AS TO FORM: CONTENTS APPROVED: V CC;y*Attorney Date Z _Z Z—7a _.�. 4�� I hereby certify that the foregoing Ordinance 927 was duly adopted by the City Council of the Cityrof Palm Springs, California, in a meeting thereof held on August 14, 1972, and that same was published in THE DESERT SUN, a newspaper of General Circulation, on August 18, 1972. Dated this 18th day of August, 1972. D. ALESHIRE I C ty Cleric JUDITH SUMICH Deputy City Clerk I I ORDINANCE NO. 928 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNM,. ANIENDIlVC SEC i'iON 21.15 OF THE PALM SPRINGS ORDINANCE CODE RELATING TO THE EXEMPTION OF CERTAIN CHARITABLE ACTIVITIES FROM LIABILITY FOR PAYMENT OF BUSINESS LICENSE TAXES. THE CITE` COUNCIL OF THE CITY OF PALM SPRINGS, C.ALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2115 of the Palm Springs Ordinance Code is hereby amended to read as follows: 2115. EXEMPTIONS OF CERTAIN CHARITABLE ACTIVITIES. The provisions of Chapters 21 and 22 shall not be deemed or con- strued to require payment of a license tax ira connection with the main functional activities or related operations or business affairs of any religious, charitable or eleemosynary institution or organization, qualified for exemption under Section 501. of the U. S. Internal Revenue Code or equivalent statute, and which activities, operations or affairs are carried on wholly for religious or charitable purposes and from which profit is not derived, either directly or indirectly, by any individual, firm or corporation; provided, however, that the for;going rule of exemption shall be subject to the fol- lowing limitations, qualifications and modifications: I a. The within exemption shall not be deemed applicable with regard to any commercial-type revenue producing 1 Ci14a1 auV iv 1LJ' Vl VL1LC1 111C1 G11ct11U 1b 111 Vl I ULbiLIU.7 activities directly or indirectly operated on a regular basis by or on behalf of a religious or charitable in- stitution or organization. b. When activities otherwise exempt under the above basic rule are conducted for and on behalf of an exempt in- stitution or organization, by a profit-making contractor or concessionaire or the like, then the exemption shall be applicable only with regard to the religious or chari- table organization, and shall not be applicable with regard to the activities, operations or revenues received by the contractor or concessionaire or the like. , C. Notwithstanding the foregoing subsection, the additional tax for new construction applicable pursuant to Article 225 of this Code shall be waived with regard to con- struction of buildings or additions for use by an exempt institution or organization directly in connection with its main functional religious or charitable operations, and which use is not in connection with commercial.--type revenue producing activities, rentals or operations on which tax exemption would be denied pursuant to sub- section a. above. -1- "-Ord: No. 928 . . Page- 2 .. . . d. No license tax shall be required for the conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects within the City, whenever the receipts there- from are to be appropriated to any institution or organization exempt under the above basic rule, pro- vided that this exemption shall not apply to any person or entity conducting business and deriving profit, in- I cidentally to producing the receipts as stated. e. No license tax shall be required for the conducting of any temporary entertainment, concert, exhibition, or lec- ture by any religious, charitable, civic, fraternal, educa- tional, military, state, county or municipal organization or association, whenever the receipts therefrom are to he appropriated for the purposes and objects for which such organization or association was formed, and from which profit is not derived by any other persons except those in the business of producing, staging, or other- wise participating in such events, and provided that this exemption shall not apply to such or any other persons or entities conducting business and deriving profit, incidentally to producing the receipts as stated. . f. Nothing in this section shall be deemed to exempt any person, organization or association from complying with other provisions of this Code or any other law or regulation .requiring a permit or other approval from the City Council or any City department, board, commis- sion or other entity or public official, to conduct any business or activity. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and I eizecz znIrty (au) Gays after passage. SECTION 3. PUBLICATION. The City Cleric is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SIN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this �14th day of August 1972 AYES: Councilmen Foster, Garcia, Purcell and Mayor Wiefels NOES: None ABSENT: Councilman Schlecht ATTEST: CITY OF PALM SPRNGS, CALIFORNIA F. D. Al ;-M HIBE City Cle- 'lc 1 Deputy City Clerk' Mayor APPROVED AS TO FORM CONTENTS APPROVED CJ.,ty Attorney Date �7 ;,` ✓'�� f 6i� —__..._ __.____ _._.. __....__ t rt rJ v YY I hereby certify that the foregoing Ordinance 928 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on August 14, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation, on August 18, 1972. IDated this 18th day of August, 1972. F.D. ALESHIRE ;-zz,�C'i y Clerk JUDITH SUM ICH Deputy C.'Yy Clerk 47 I I I ORDINANCE NO. 929 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE NEED FOR A REDEVELOPMENT I AGENCY TO FUNCTION IN THE CONL*PJNTT'Y AND DECLARING THE, CITY COUNCIL TO BE SUCH AGENCY.. THE Cll `Y COUNCIL OF THE CITY OF PALSY SPRI_NGGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECT70N 1. The City Council hereby finds and declares that there is a need for a Community Redevelopment Agency to function in the City of Palm Springs pursuant to the Corn+uni.ty Redevelopment Law of the State of California. SECTION 2. Pursuant to Section 33200 of. the Health and Safety Code of the State of California, the City Council of. the City of Palm Springs, California, hereby declares itself to be the Redevelopment Agency of the City of Palm Springs. SECTION 3. Ordinance No. 624 adopted by the City Council of the City of Palm Springs, California, on December 30, 1963, is hereby repealed. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. I SECTIOY 6. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be publishad once in THE DESERT SUN, a daily newspaper of, general circulL- tion, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 14th day of August � 1972. AYES: Councilmen Foster, Garcia, Purcell and Mayor Wiefels NOES: None ABSENT: Councilman Schlecht ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F.D. ALESHTRE 'C Lity. 1e. b`.V•.�_c Jam- lY'•�\.�_.� �� F" �� '" T �.A�"/ Jf� Deputy City Clerk Mayor ; APPROVE➢ AS TO FORM CONTENT-; APPROVED Ci< Attorney Director of Corm, unity Deveicpment Date �—/�'— %z Date 4 H I hereby certify that the foregoing Ordinance 929 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on August 14, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation, on August 18, 1972. Dated this 18th day of August, 1972. F.D. ALESHIRE I /— City Clerk r BY: JUDITH SUMICH Deputy City Clerk I I ORDINANCE NO. 930 AN ORDINANCE OF TILL CITY OIL PALM SPRI[VGS, CALIFORNIA, ADDING CHAP'IEI; 11, 6 TO THE PALM SPRINGS Oi DINANCE CODE, DEALING WITH GENERAL 'MATTERS COP:CERNENG APPOINTl4ENTS, TERMS AND VACANCIES OI`i CITY BOARDS AND COMMISSIONS. THE CITY COUNCIL OF TIIE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SEC'1'I012I 1. Division I (Government) of the Palm Springs Ordinance Code, is hereby amended by adding thereto a new chapter, to be nuxnberedChapter 11. 6, and reading as follows: CHAPTER 11. 6 BOARDS AND COMMISSIONS--GENERAL PROVISIONS 1160. BOARDS & COMMISSIONS: MEMBERS: GENERAL RULES RE APPOINTIAENTS, TERMS, VACANCIES. a. Unless otherwise provided by law, or by ordinance or resolution adopted after the effective date hereof, or unless by the very nature of a situation the provisions hereof may not be made applicable, all members of boards and commissions of the City- shall be appointed for three (3) year terms commencing on July I of the year of appointment, provided that interim vacancies shall be filled by appointment for the unexpired term of the member replaced. Any member may be removed from I office at any time, with or without cause, by a majority vote of the City Council., except in cases where the Mayor or City Council are not the appointing aumoritiy (in which uabc- —11 regular appointing authority may exercise this power of removal). If a member absents himself without advance permission of the board or commission or of his appointing authority, from three consecutive regular meetings or from 2510 of the duly scheduled meetings of the board or commission within any fiscal year, his office shall thereupon become vacant and shall be filled as any other vacancy. No person shall. be appointed to and serve substantially more than two full terms upon any single board or commission. b. Notwithstanding the provisions of subsection a. above, all members of boards and commissions incumbent as of the effective date of this section shall continue to serve the terms to which they were appointed. Whenever any such term shall expire on other than a June 30th, an interim appointment to the vacancy shall be made to the following June 30th only, at which time the vacancy shall be filled for a regular term as prescribed in subsection a. above. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same Ordinance No. 930 Page 2 to be published once in THE DESERT SLN, a daily nev✓spaper of general circulation, printed, published and circulated in the City of Pal:, Springs, California. I ADOPTED this 14th _ day of August 1972, AYES: Councilmen Foster, Garcia, Purcell, and Mayor Wiefels NOES: None ABSENT: Councilman Schlecht ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City Clerk Dep y City Clerk Mayor APPROVED AS TO FORM: CONTENTS APPROVEl'S r_. n++,_,__ ....... Date le? 7 I hereby certify that the foregoing Ordinance 930 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on August 14, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation, on August 18, 1972. Dated this 18th day of August, 1972. F.D. ALESHIRE C —Cjty Clerk U: JUDITH SUMICH Deputy City Clerk I �a ORDINANNCE NO. 931 AN ORDINANCE OF TITS CITY OF PALIA SPRINGS, CALIFORNTIA, AMENDING SECTION 2211-K. AND SECTION 2242 OF THE PALM SPRINGS ORDINANCE CODE, BY PLACING ON A GROSS RECEIPTS BASIS FOR BUSINESS LICENSE PURPOSES, PERSONS OR FIRMS WHOSE i3US1NESSES ARE LIMITED EXCLU- SIVELY TO RENTING, LEASING OR OPERATING COIN-OPERATED VENDING MACHINES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FOES ORDAIN AS FOLLOWS: SECTION 1. Subsection K. of Section 2211 of the Palm Springs Ordinance Code is hereby amended to read as follows: K. COIN-OPERATED D./LACHINES. Except where such business activity is taxed on a gross receipts basis as specified elsewhere in this Chapter, every person owning, possessing or maintaining any coin-operated machine, the operation or use of which is controlled by placing therein any coin or disc, shall pay tax ac- cording to the schedule hereinafter set forth. A license shall. be issued for one or more machines at specific locations or premises, with the privilege of substituting machines. SECTIONN 2. Subsection K-2-g, of Section 2211 of the Palm Springs Ordinance Code is hereby amended to read as follows: 2-g, �.N,Lr'-�1',.Ll V1l�L' Ln V1V Ll� i tvari�.iliiviv, y �. SECTION 3. The heading and the initial paragraph of Section 2242 of the Palm Springs Ordinance Code are hereby amended to read as follows: 2242. COIN-OPERATED VENDING AND SERVICE MACITINES: _ LEASING, RENTING, OPERATING. Any person whose business is limited exclusively to renting, leasing or. operating (a) laundry equipment, whether or not coin- operated, or (b) coin-operated vending machines dis- pensing tangible personal property, shall pay a license tax computed at the rate of one percent (1%) of all gross receipts actually derived from or directly attri- butable to the business activities conducted within the City. For purposes hereof, "gross receipts" shall mean all sums deposited in the machines or paid for the use of the machines, from any source; prior to the division, subtraction, or distribution of any such monies. SECTION 4. This Ordinance, being an Ordinance relating to taxes for usual and current expenses of the City, shall take effect immediately upon its passage. Before the expiration of fifteen (15) days after its passage, this I A 'Ordinance No, 931 Page 2 Ordinance shall be published once in THE DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 14th day of August 1972. I AYES: Councilmen Foster, Garcia, Purcell and Mayor Wiefels NOES: None ABSENT: Councilman Schlecht ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City. C1 rk �\ _ Aj� ti5uty City Clerk--� Mayor \ %' APPROVED AS TO FORM: CONTENTS APPROVED 6,«;ity Attorney Date 7 1 hereby certify that the foreoing Ordinance 931 was duly adopted by the City Council of the City of Palm Springs, Galifornia, in a meeting thereof held on August 14, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation; on August 18, 1972. Dated this 18th day of August, 1972. F.D. ALESHIRE Cleric t -BY: JUDITH SUMICH /Deputy City Clerk I � 0. ORDINANCE NO . 932 OF THE CITY OF PALM SPRINGS, CALIFORNIA ORDERING, CALLING, PROVIDING FOR AND I GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 7 , 1972, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR A GROUP OF MUNICIPAL IMPROVEMENTS AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE . WHEREAS, at a meeting held prior to the meeting at which this ordinance is adopted by the City Council, by a vote of at least two-thirds of the ,members thereof, the City Council adopted a resolution determing that the public interest and necessity demand the acquisition and construction of a group of municipal improvements heretofore approved by the Planning Commission, by its Resolution No. 1602 , and by the City Council, by its Resolution No. 10402 , as constituting a City Plan, and making findings relating thereto; NOW, THEREFORE, the City Council of the City of Palm Springs DOES ORDAIN as follows: I SECTION 1. That a special election be held and the same is hereby called to be held in said City on November 7, 1972 , for the purpose of submitting to the qualified voters of said City the proposition here- inafter set forth of incurring indebtedness and issuing bonds of said City therefore, in the principal amount stated in the ballot proposi- tion hereinafter set forth, and the object and purpose set forth in said resolution and in said ballot proposition. SECTION 2 . That the estimated cost of the municipal improvements described in said ballot proposition is the sum of $5 , 000, 000 . The estimated cost of said municipal improvements includes the following: (a) legal or other fees incidental to or connected with the authorization, issuance and sale of the bonds , and (b) the costs of printing the bonds and other costs and expenses incidental to or connected with the author- ization, issuance and sale of the bonds . SECTION 3 . That the maximum rate of interest to be paid on said indebtedness shall not exceed the maximum rate permitted by law, to-wit: seven percent (7%) per annum, the actual rate or rates of in- terest on said bonds to be determined at or prior to the time of the sale or sales thereof. Said interest shall be payable semiannually except I that interest for the first year may be made payable at the end of said year. SECTION 4 . That the polls for said election shall be opened at 7:00 o'clock a .m . of the day of said election and shall remain open continu- ously from said time until 8:00 o'clock p.m. on the same day, when said polls shall be closed, except as provided in Section 14436 of the Elections Code of the State of California . 8-C C x Ordinance No. 932 Page 2 SECTION 5 . That on the ballots to be issued at said special election, I in addition to any other matters required by law., there shall be printed substantially the following: MARK CROSS (+) ON BALLOT ONLY WITH RUBBER STAMP: NEVER WITH PEN OR PENCIL. (ABSENTEE BALLOTS MAY BE MARKED WITH PEN AND INK OR PENCIL.) SPECIAL ELECTION CITY OF PALM SPRINGS COUNTY OF RIVERSIDE TUESDAY, NOVEMBER 7, 1972 INSTRUCTIONS TO VOTERS To vote on any measure, stamp a cross (+) in the voting square after the word "YES" or after the word "No" . All marks except the cross (+) are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. I If you wrongly stamp, tear or deface this ballot, return it to the inspector of election and obtain another. On absent voter ballots mark a cross (+) with pen or pencil . BOND PROPOSITION: Shall the City of Palm Springs incur bonded indebtedness of $5 , 000, 000 for Park-Recreation-Library purposes YES involving land acquisition, park im- provements and building construction at: Polo Grounds (new Pavilion, Library, Community Building, Swimming Com- plex;) 'Frances Stevens School (Senior Center;) De Muth Park (Little League : NO : Fields;) and Desert Highland Park I (Community Building) ? SECTION 6 , That a cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor.of the adoption of the proposition. A cross (+) placed in the voting square after the word "NO" in the manner hereinbefore pro- vided shall be counted against the adoption of the proposition. S-C Ordinance No. 932 Page 3 SECTION 7 . That if the proposition for the incurring of bonded indebtedness so submitted receives the requisite number of votes , I to-wit: two-thirds of the votes of the qualified electors voting on said proposition, bonds of said City, in not exceeding the principal amount stated in such proposition, may be issued and sold for the object and purpose set forth in said proposition. SECTION 8 . That the special election hereby called shall be and is hereby ordered consolidated with the state-wide general election to be held in said City on said date and such elections shall be held in all respects as if there were only one election and only one form of ballot shall be used thereat. The precincts, polling places and officers of election for the special election shall be the same as those provided for said state-wide general election. SECTION 9 . That except as otherwise provided in this ordinance, the election called hereby shall be conducted as provided by law for other municipal elections in said (City. SECTION 10 . That the City Clerk shall certify to the passage and adoption of this ordinance by a vote of at least two-thirds of all of the members of the City Council of said City, and shall cause this ordinance to be published for seven (7) days in the I DESERT SUN, a newspaper of general circulation, printed and published in said City, the first publication to be at least four- teen (14) days prior to the close of registration for such election. No other notices of such election need be given. SECTION 11. This ordinance shall take effect upon its passage . ADOPTED this llth day of September , 1972 . AYES: Councilmen Foster, Garcia, Purcell, Schlecht and Mayor Wiefels NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA P. D. ALESHIRE City Clerk Deputy City Clerk Mayor l APPROVED AS TO FORM: CONTENTS APPROVED: irector ofGCommunity Serv' es y Attorney Date 6�'- Date S-C 'e)b I hereby certify that the foregoing Ordinance 932 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on September 11, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation, on September 12, 13, 14, 15, A, 19, and 20, 1972. Dated this 25th day of September, 1972. F.D. ALESHIRE City Clerk I BY: JUDITH SUMICII Deputy City Clerk I I ORDINFu\ICH J;0, 933 AN ORDINANCE OF 'DRE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING ARTICLES 621 AND 622 OF THE PALM SPRINGS ORDINA.NCU CODE. THE CITY COUNCIL OF THE CITY OP PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6211.2 of Article 621 of the Palm Springs Ordinance Code (Traffic Ordinance) is hereby amended to' ream as follows : 6211.2 ZONE 2 (5-HOUR ZONE) : MUNICIPAL LOT 140. 2 - 2.41 North Indian Avenue. SECTION 2. Section 6213. 1 of Article 621 of the Palm Springs Ordinance Code (Traffic: Ordinance) is hereby added to read as follows : 6213. 1 TIME LIMIT - MUNICIPAL PARKING LOT NO. 2. The maximum parking time in Mupicipal Parking Lot No. 2 for any vehicle during the hours of 9:00 a.m. until 10:00 p.m. on every day of the week, including holidays, shall be five (5) hours. SECTION 3. Section 6225.1 of Article 622 of the Palm Springs Ordinance Code (Traffic Ordinance) is hereby added to read as follows : 6225.1 The parking meters installed in Munici-Pa.l. Parking Lot No. 2 shall be so adjusted as to provide, and likewise to indicate on the face or dial of the parking meter, legal parking, at the rate of one hour for. each United States quarter or United States nickels or any combination of United States nickels and dimes equaling one cluarte:r; legal parking thereafter and up to the time limit indicated on the meter is permitted upon deposit of one United States quarter. or United States nickels or combination of United States nickels and dimes equaling one quarter for each hour. SECTION 4. EFFECT'IVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. PUBLICATION. The City Clerk is hereby ordered and directed to _ certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated. in the City of Palm Springs, California. ADOPTED this 25th clay of Y September , 1972. AYES: Councilmen Foster, Garcia, Purcell, Schlecht and Mayor Wiefels NODS: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City C1.er-k-By :J l :�,...� Deputy c`:ty Cier1; s._. .-.: Mayor API'RDfir,D"AS TO FO u•q CONTENTS APPROVED . / (Alyr Atterne•y C'1t)-r''hnginec1- Date I hereby certify that the foregoing Ordinance 933 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on September 25, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation on October 2, 1972. Dated this 2nd day of October, 1972. F.D. ALESHIRE City Clerk ` i �` gy; JUDITH SUMICII Deputy City Clerk 1 ORDINANCE NO. 934 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 1111 OF THE PALM SPRINGS ORDINANCE CODE SETTING THE TIME AND PLACE OF REGULAR MEETINGS OF THE CITY COUNCIL. I THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 1111 of Article III of the Palm Springs Ordinance Code is hereby amended to read as follows: 1111. CITY COUNCIL MEETINGS. Regular meetings of the City Council shall be held in the City Hall, 3200 Tahquitz McCallum Way, in the City of Palm Springs, California, on the second and fourth Wednesdays of each month at the hour of seven-thirty (7:30) P.M. Section 2. Section 1112 of Article Ill of the Palm Springs Ordinance Code is hereby repealed. Section 3. Section 1113 of Article Ill of the Palm Springs Ordinance Code is hereby repealed. Section 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. Section 5. PUBLICATION. The City Clerk is hereby ordered and directed I to certify to the passage of this Ordinance, and to cause same to be published once in TIE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 11th day of October , 1972. AYES: Councilmen Foster, Garcia, Purcell, Schlecht and Mayor Wiefels NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F.D. ALESHIRE City Clerk Deputy City Clerk Mayor i APPROVED AS TO FORM CONTENTS APPROVED I City' Attorney City Manager Date 9-18-72 Date 10-11-72 I hereby certify that the foregoing Ordinance 934 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on October 11, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation on October 19, 1972. Dated this 17th day of November, 1972. I F. D. ALESHIRE City Clerk l BY: JUDITH SUMICH Deputy City Clerk I I 491 ORDINANCE NO. 935 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING DIVISION 9 OF THE PALM SPRINGS ORDINANCE CODE BY ALLOWING PROFESSIONAL OFFICE USES UNDER CONDITIONAL USE PERMIT IN THE R-2, R-3, R-4 AND R-4-VP ZONES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1 . Subsection C of Section 9209.01 of Division 9 of the Palm Springs Ordinance Code concerning uses permitted by Conditional Use Permit is hereby amended by adding the following: 11 . Professional Offices, provided: a. The subject site must be located fronting on a major thoroughfare as indicated on the City's General Plan. b. The only allowable sign would be an identification sign for the building complex, with public convenience signs as necessary. SECTION 2. Subsection C of Section 9210.01 of Division 9 of the Palm Springs Ordinance Code concerning uses permitted by Conditional Use Permit is hereby amended by adding the following: 16. Professional Offices, provided: I a. The subject site must be located fronting on a major thoroughfare as indicated on the City's General Plan. b. The only allowable sign would be an identification sign for the building complex, with public convenience signs as necessary. SECTION 3. Sub5ection C of Section 9211 .01 of Division 9 of the Palm Springs Ordinance Code concerning uses permitted under Conditional Use Permit is hereby amended by adding the following: 5. Professional Offices, provided: a. The subject site must be located fronting on a major thoroughfare as indicated on the City's General Plan. b. The only allowable sign would be an identification sign for the building complex, with public convenience signs as necessary. SECTION 4. Subsection C of Section 9212.01 of Division 9 of the Palm Springs Ordinance Code concerning uses permitted under Conditional I Use Permit is hereby amended by adding the following: 5. Professional Offices, provided: I C Ordinance No. 935 Page 2 a. The subject site must be located fronting on a major thoroughfare as indicated on the City's General Plan. b. The only allowable sign would be an identification sign for the building complex, with public convenience signs as necessary. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 6. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circula- tion, printed, published and circulated in the City of Palm Springs. ADOPTED this 11th day of October 1972. AYES: Councilmen, Garcia, Purcell, Schlecht and Mayor Wiefels NOES: Councilman Foster ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City Clerk k _ `�.. t{Bye Deputy City Clerk Mayor APPROVED AS TO FORM CONTENTS APPROVED GiW Attorney Directo- r of ommunity Deve opment Date Date ` ` 7 -2, I hereby certify that the foregoing Ordinance 935 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on October 11, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation, on October 19, 1972. F.D. ALESHIRE Dated this 17th day of November, 1972. BY: JUDITH SUMICA. Deputy City Clerk 1 C 493 ORDINANCE NO. 936 AN ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING DIVISION 5 (WELFARE) , BY MAKING MISCELLANEOUS AMENDMENTS, REVISIONS AND ADDITIONS. - - - - - - - - - - - - - - I THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1 . Chapter 57 of the Palm Springs Ordinance Code, relating to the City-administered refuse collection and disposal program, is hereby amended as follows : Sections 5711 , 5712, 5731 , 5731 .1 . 5751 , 5752, 5762 and 5765 of said Chapter 57, are amended and new Sections 5743, 5753, 5767, 5769 and 5774 are added to said Chapter 57; all to henceforth read as follows : 5711 . PROVIDING OF CONTAINERS: ADEQUACY. It is the duty of every person in possession, charge or control of any place within this City in or from which garbage accumulates or is produced, to provide , and at all times to keep in a suitable place readily accessible to the garbage and rubbish collector, containers capable of holding without ppilling all garbage which would ordinarily accumulate on such premises between the times of two successive collections. No containers shall be located inside locked gates or doors or in a fenced or enclosed area used to restrain animals at the time of collection. 5712. MULTIPLE DWELLINGS. The owner of any multiple dwelling must provide or cause to be provided such proper garbage containers ; and all garbage containers from any multiple dwelling must be marked so as to indicate the unit to which they belong. 5731 . - PLACING OF REFUSE IN STREETS. No person shall place or deposit any refuse in or upon any public place, street, alley, sidewalk or foot- path in this City except in proper containers for the purpose of collection by the collectors and between the hours of 5:00 o'clock a.m. , and 8:00 o'clock a.m. , on the days when the City or its authorized agent collects from the particular premises adjacent thereto. 5731 . 1 UNLAWFUL USE OF TRASH RECEPTACLES. It is unlawful for any person operating or connected with any business to place or deposit garbage or rubbish in any container placed upon the public street by public authority, and meant primarily for the disposal of rubbish by ped- estrians using the sidewalk. Such persons and business houses shall contract separately for removal of refuse in containers maintained by the person or business house. 5743. FREQUENCY OF COLLECTION OF REFUSE. The frequency of collections and removal of refuse from each private residence shall be established by the City Council . The collection and removal of refuse from all meat, fish and vegetable markets, restaurants , boarding houses , hotels , apartments , hospitals , business places and other places shall be made as often as the City's Director of Transportation and Operations or his authorized representative may order from time to time. Commercial type bins shall be collected a minimum of once a week. 5751 . REFUSE VEHICLES: LINING: COVER. All vehicles used to transport refuse within the City shall have metal-lined, leak-proof bodies, and from the time that the last pickup of refuse is placed upon the vehicle until the vehicle reaches the place of final disposal , the refuse shall be covered by a tarpaulin or other suitable covering fastened down at the sides. 494 Ordinance No. 936 Page Two 5752. CLEANLINESS OF VEHICLES. Every vehicle used to carry refuse shall be kept clean on the inside and outside. 5753. IDENTIFICATION OF VEHICLES. Each refuse truck of the City or its authorized agent, shall display the name and local office phone number of the collector. 5762. APPLICATION FOR REFUSE COLLECTION SERVICE. All persons desiring refuse service shall make application therefor to the City's authorized agent (when a contract for refuse collection is in force) or to the City (when no such contract exists) specifying the service required, and agreeing to pay the proper charge for such service until the City or the authorized agent of the City has been notified to discontinue service. 5765. RULES, REGULATIONS BY DIRECTOR OF TRANSPORTATION AND OPERATIONS. The Director of Transportation and Operations of the City shall have power' and authority to promulgate rules and regulations supplemental to and not inconsistent with the provisions of this Chapter governing the keeping, placement for collection, and the collection, removal , and disposal of refuse. Any such rules and regulations shall 'become effective upon approval by the City Council . No person having knowledge of or having been advised of any such rule or regulation, shall disobey, violate , fail or refuse to comply with the same. 5767. DISPUTES. In any case where a dispute arises as to the rate charged or to be charged for any service provided for in this chapter, or with regard any matter concerning obligations or responsibilities of the Contractor under his franchise or contract, the matter may be referred to the Director of Transportation and Operations or his authorized representative, who, upon due investigation, shall resolve such dispute. Disagreements with the decision of the Director may be appealed to the City Council . The determination of the City Council shall be final and conclusive. 5769. UNAUTHORIZED COLLECTORS. At such time as there is in force a contract entered into by the City with any contractor for the collection and disposal of refuse of the City or its inhabitants , it shall be unlawful for any person other than the Contractor, or his agents and employees , to collect any refuse for hire within the City. This section shall not, however, be deemed to prohibit any person performing gardening or landscape services , and who possessed an appropriate business license for such activity , from carrying away from a customer's premises any clippings , branches , leaves and the like, generated by the gardening or landscape services performed. This section further shall not be deemed to apply to any person transporting his own refuse to a legally established dump site. 5774. POWERS AND DUTIES OF THE DIRECTOR OF TRANSPORTATION AND OPERATIONS. The Director of Transportation and Operations or his authorized repre- sentatives is empowered to inspect and supervise all containers , wagons , cars , trucks , or other vehicles used in the retention, collection and disposal of refuse, and to see that the same are kept clean and sanitary. The Director may also inspect places where refuse is deposited. It shall be his duty to see that all provisions of this Chapter and all other applicable Ordinances of the City are fully complied with. 4Tj Ordinance No. 936 Page Three SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed I to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED THIS 11th day of October e 1972. AYES: Councilmen Foster, Garcia, Purcell, Scb,lecht and Mayor Wiefels NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F.D. ALESHIRE City Clerk Deputy City Clerk Mayor APPROVED AS TO FORM CONTENTS APPROVED J City Attorney /biYec r�toofTransporatio�✓and I Operations jj Date 10-11-72 Date 10-11-72 I hereby certify that the foregoing Ordinance 936 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on October 11, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation, on .October 19, 1972. Dated this 17th day of November, 1972. F.D. ALESHIRE �✓ _ BY: SUDITH SUMICH Deputy City Clerk ��E� ORDINANCE NO, 937 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENABLING AUTHORITY TO DENT' ANY NEW PROJECT WITHIN THE CITY UPON FINDING THAT A PROJECT WILL HAVE AN ADVERSE ENVIRON);ENTAL MPA.CI UPON THE COM,'UNITY, ESTABLISHING AN APPEAL PROCEDURE, AND DECLARING THIS ORDINANCE TO I BE AP! URGENCY MEASURE TO TAKE '.:FF;;(' IM24EDIATF.LY UPON ITS ADOPTION. WHEREAS the California Supreme Court, in deciding the case of Friends of Mammoth v. Board of Supervisors of Mono County, has determined that Section 21151 of the California Public Resources Code requires that all private projects for which a public permit, right, privilege or other entitlement is necessary are subject to a determination by the City whether the project may have a significant effect on the environment if the City does not have a Conservation Element to its General Plan; and WHEREAS the City of Palm Springs is presently studying the Conservation Element for the General Plan and, as yet, has no Conservation Element to its General Plan; and WHEREAS any private project for which a public permit, right, privilege, or other catit'lement could be subject to termination if no determination is made or other entitlement by the City. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: I SECTION 1. All permits, rights, privileges and other entitlements found by the City Council of the City of Palm Springs to have a significant effect on the environmc:_.r shall require the submission of an Environmental Impact Report. Officers, Agents, Boards, Commissions, Agencies and Employees of the City of Palm Springs are not authorized to issue appropriate approval of said permits, rights, privileges and other entitlements until there is compliance of all applicable rules, regulations and Ordinances of the City of Palm Springs. Those projects which may have a significant effect on the environment shall be specified by Resolution of the Palm Springs City Council and shall be required to submit an Environmental Impact Report in accordance with Section 21151 of the State Public Resources Code, SECTION 2. For those applications to any City Board, Commission, Depart- ment, Division or Agency for any permit, right, privilege. or other entitle- ment indicated in Section 1 of this Ordinance, the applicant shall provide data as required by the City of Palm Springs in order for the City to prepare an Environmental Impact Report in accordance with procedures which shall be established by Resolution of the City Council. SECTION 3. If an Environmental Impact Report is required as indicated in Section 1 of this Ordinance for an application for a Planned Development District, Zone Change, Conditional Use Permit, Variance, Subdivision, Parcel Map or Architectural Approval, an Environmental Impact Report will be I prepared by the City and the applicant may not file his application for a Planned Development District, Zone Change, Conditional Use Permit, Variance, Subdivision, Parcel Map or Architectural Approval until said Environmental Impact Report is completed. 3-c c' c� �8 Ordinance No. 937 Page 2 The applicant may be required to supply additional data as required by the City to allow the City to prepare the Environmental Impact Report. Any delay requested by the applicant to supply said data shall be added to the time in which the Environmental Impact Report is to be completed or the time after which the application may be filed. i The Environmental Impact Report will be made part of the record of the application and will be considered by the appropriate Commission, Board, Department or Division in its deliberation regarding the application. 3 SECTION 4. Authority for Denial of an Environmental Impact Report. Findings shall be made for projects indicated in Section 1, and if it is determined that said project has significant adverse environmental effects, said project shall be denied and the issuance of building permits shall be withheld until the project is modified so as to measurably reduce or eliminate such effects. SECTION S. Fee. The filing of an Environmental Impact Report shall require a fee as established by Resolution of the City Council of the fCity of Palm Springs. Said fee shall be for the purpose of preparing and ¢+ evaluating Environmental Impact Reports. SECTION 6. Appeals. Any person aggrieved or affected by a decision of any Commission, Board, Department or Division on an Environmental Impact Report may appeal to the City Council from such decision at any time within ten (10) days after the date upon which the decision is announced. An appeal to the City Council shall be made by filing a letter of appeal I with the City Clerk and by concurrently paying to said Department a fee as established by Resolution of the City Council. Said letter of appeal shall set forth the grounds upon which the appeal is based. Within fifteen, (15) days after receipt of the letter of appeal and the filing fee, the City Council shall consider the matter and may affirm, reverse, or modify the decision of the Commission, Board, Department or Division. SECTION 6 A. For a two .(2) week period following adoption of this Ordinance, no application for any permit or entitlement involving a new use of property shall be accepted for filing. SECTION 7. This Ordinance is declared to be necessary as an emergency measure for preserving the public peace, health and safety because the City of Palm Springs presently has not adopted a Conservation Element to the General Plan and since the California Supreme Court in deciding the case of Friends of Mammoth v. Board of Supervisors of Mono County, decided September 21, 1972, determined that Section 21151 of the Public Resources Code applies to private projects developed where a public permit, right, privilege or other entitlement is required and as a further result of said decision, a determination must be made whether or not any of said projects may have a significant effect upon the environment and that this Ordinance sets forth a procedure by which a determination can be made whether said significant effect on the environment may occur. It is further found that unless procedures are immediately adopted by the City Council to make a I determination as provided in Section 21151 of the Public Resources Code, all private projects for which a public permit, right, privilege or other entitlement is necessary are subject to being terminated since no City action has been taken as required by Section 21151 of the Public Resources Code, and in order to preserve the public peace, health and safety, this Ordinance shall take effect immediately upon its adoption. Ordinance No, 937 119 9 Page 3 SECTION 8. EFFECTIVE DATE. This Ordinance shall be in full force and effect immediately after passage. SECTION 9, PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circula- tion, printed, published and circulated in the City of Palm Springs, ICalifornia. ADOPTED this 8th day of November , 1972. AYES: Councilmen Garcia, Purcell, Schlecht and Mayor Wiefels NOES: Councilman Foster ABSENT:None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City ClerkBy �� ,� Deputy City Clerk mayor yam' APPROVED AS TO FORM CONTENTS APPROVED City Attorney Director of Co unity Development Date %/-- % Date / I I hereby certify that the foregoing Ordinance 937 was duly adopted by the City Council of the City of Palm Springs, California, in a.meeting thereof held on November 8, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation, on November 18, 1972. Dated this 20th day of November, 1972. F. D. ALESHIRE 1� ,— BY: JUDITH SUMICH Deputy City Clerk 3-c �0�) I I 501 ORDINANCE NO. 938 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: a SECTION 1. That an amendment to the Contract between the City Council of the City of Palm Springs, and the Board of Administra- tion, California Public Employees' Retirement System, is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit A", and by such reference made a part hereof as though set out herein in full. SECTION 2. The Mayor of the City of Palm Springs is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force • and effect as of January 1, 1973. SECTION 4. PUBLICATION: The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs. IADOPTED this 8th day of November , 1972• AYES: Councilmen Foster, Garcia, Purcell, Schlecht and Mayor Wiefels NOES: None ABSENT: None ATTEST: CITY OF PALM SP RINGS, CALIFORNIA F.D. ALESHIRE City Clerk 'Deputy City Clerk Mayor APPROVED AS TO FORMj(// CONTENTS APPROVED: J/n /14 / C Attorney Director of Finance & General Services Date 10 - y- rJ 2 Date I I hereby certify that the foregoing Ordinance 938 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held November 8, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation, on November 18, 1972. Dated this 20th day of November, 1972. F.D. ALESHIRE BY: JUDTTH SUMICH Deputy City Clerk 5- 02 Ordinance No. 938 A.10%IDMEN'T TO CONTRACT BETI-EEN TIM BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIRI,7214T SYSTEM AID) THE CITY COUNCIL OF THE CITY OF PALM SPRINGS The Board of Administration, Public Employees? Retirement System, hereinafter referred to as Board, and the CITY COUNCIL of the CITY OF PALM SPRINGS, hereinafter referred to as Public Agency having entered into a, contract under date of December 3, 1956, effective January 1, 1957, and as amended effective July 2h, 1965, and as provided by Chapter 170, Statutes of 1971 and Chapter 316, Statutes of 1971, which provides for participation of Public Agency in said System, Board and Public Agenw hereby agree as follows: A. Paragraphs 1 through 9 are hereby stricken from said contract as ox.ccui.c: effective January 1, 1957, and are hereby replaced by the following para- graphs numbered 1 through 10 inclusive: 1. All words and terms used herein which are defined in the Public Iopl- Retirement Law shall have the meaning as defined therein unless otherr,, specifically provided. "Normal retirement age" shall_ mores, aEw 60 for miscellaneous members and age 55 for local safety members, 2. Public Agency shall participate in the Public Employees' Retirement Vy- from and after January 1, 1957, making its employees as hereinafter p: . vided, members of said System subject to all provisions of the Public. Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amend:�e: to said Law hereafter enacted except such as by express provision thell apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes shali become mcmbc• of said Retirement System except such in each such class as are exclude by law or this agreement: a. Local firemen (herein referred to as local safety members); b. Local policemen (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as miscellaneous members). The following employees shall be excluded from membership in said Retirement System: NO A.DDITIONTAL EXCLUSIONS 6� Ret. Form it+J2—_l Ordinance No. 938 (1) 1.124 percent until June 30, 1981 on account of the liability for prior service benefits. (2) 13.763 percent on account of the liability for current service benefits. c. A reasonable amount per annum, as fixed by Board to cover the costs of administering said System as it affects the, employees of Public Agency, not including the costs of special valuations or of the periodical investigation and valuation required by lair. d. A reasonable amount as fined by the Board, payable in one install•- ment as the occasions arise, to cover costs of special valuations on account of employees of Public Agency, and costs of the period-- ical investigation and valuation required by law. 9. Contributions required of Public Agency and its emyo ees sha?.1 be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of expyrierce u7tns the Retirement System as determined by the periodical investigation and valuation required by said Retirement Law. 10. Contributions required of Public Agency and its emplo e=s shall be pa_i.j by Public Agency to the Retirement System within thirty da s after t0c; end of the period to which said contributions refer. If more or less than the correct amount of contributions is paid for any period, prope',? adjustment shall be made in connection with subsequent remittances, or adjustment on account of errors in contributions required of any employee may be made by direct cash payments between the employee and Board. Payments by Public Agency to Board may be made in the form of warre_-nt:, bank checks, bank drafts, certified checks, money orders, or cash. B. This amendment shall be attached to said contract and shall be effective Ion the day of Witness our hands this A _ day of BOARD OF ADMINISTRATION CITY COUNCIL OF TIE; PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF PALM SPRINGS v` 2 d' BY William E. Payne, Executive Officer Presiding Officer Attest: 6-h Ret. Forts 70203 504 I i ORDINANCE NO. 939 AN ORDINANCE OF THE. CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AS AN URGENCY MEASURE REGULATIONS LIMIT- ING FOR A FOUR-MONTH INTERIM PERIOD THE ACCEPTANCE FOR FILING OF CERTAIN APPLICATIONS FOR PERMITS OR ENTITLE- MENTS TO CONSTRUCT PROJECTS HAVING A SIGNIFICANT EFFECT UPON THE ENVIRONMENT. _..__--__n- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. From and after the effective date of this Ordinance, and for the period during which this Ordinance remains in effect, no permit shall be issued or other entitlement authorized or ap- proved by the City of Palm Springs, or by any department, agency, board, commission or officer thereof, nor shall any application therefor be accepted for filing, when any such permit or entitle- ment would be for a project involving a new or substantially changed or increased use of land, except in the following in- stances: a. When an environmental impact report is not re- quired for the project under the criteria set forth in Ordinance No. 937 and Resolution No. 10479 which were adopted by this City Council on November S, 1972; b. When any application for a permit or entitlement for or in connection with the project was on file I with the City prior to November 9, 1972; co When the project involved is to be carried out by a public agency or entity or by a public utility; d. Whenever the City Council. finds, after public hearing, that special circumstances exist which de- monstrate that it would be in the interest of the public safety, health or general welfare for a pro- posed project to proceed. Final approval of projects within categories b. , c. and d. shall not be granted without submittals of environmental impact reports in those cases where applicable law requires such submittals. SECTION 2. Appeals, Any person aggrieved or affected by a de- cision of any Commission, Board, Department, Division or Officer of the City, in administering or ini;erpreting this Ordinance and the regulations contained herein, may appeal to the City Council from such decision at any •time within ten (10) days after the date upon which the decision is announced. Appeals from decisions of a De- partment, Division o-r Officer shall, however, first be presented within said ten (10) day period to the City Manager for evaluation and possible reversal or modification, and if any change is made by the City Manager in the decision appealed from, such action shall be final unless a new appeal is filed to the City Council from the action of the City Npanager. Any appeal filed shall be made by filing a letter of appeal with the City Clerk and by concurrently paying any 3 B Ordinance No. 939 Page 2 applicable appeal fee which h.as been established by Resolution of the City Council. Said letter of appeal shall set forth the grounds upon which the appeal is based, and the relie:s'. 'requested. Within fifteen (15) days after receipt of a ilettea: of appeal to the City Council, or at its next regular meeting after such period, and provided any appli- cable filing fee has been paid, the City Council shall consider the matter and may affirm, reverse, or modify the decision appealed from. SECTION 3. URGENCY. This Ordinance is adopted as an urgency measure pursuant to the authorRy of Section 65858 of the Government Code of the State of California, for the immediate preservation and protection of the public safety, health and welfare, and shall take ef- fect immediately upon its adoption and passage by at least a four-fifths vote of the City Council, The declaration of the facts constituting the urgency is as follows: A planning study is currently under way to re- vise very substantially the City's General Plan, to which the City's Zoning Ordinance will thereafter be required to conform. The exten- sive work program necessary uo properly accomplish these revisions will require several additional. months, Moreover, legal guidelines to finally implement and assume compliance with the California En- vironmental Quality Act of 1070, as construed by the California Supreme Court in Friends of Mammoth, et al. , vs. Board of Super- visors of Mono County, et aL , a3 dal. 3c7 1, 104 Cal. Rptr. 16, have not yet been promulgated amid will also not be forthcoming for several additional months. During the interim period necessarily consumed in each such work program., it is essential to the public interest and to the proper environment of the City and all its citizens and property owners, that the regulations and controls imported by this Ordinance be maintained, SECTION 4. EFFECTIVE PERIOD OF ORDINANCE. This Ordinance I shall remain in effect for the four-month period properly computed pur- suant to Section 65858 of the Government Code of the State of California, unless sooner repealed or oche wise modified, and subject to any ex- tension of the effective period duly enacted pursuant to and in accord- ance with said Section 65858. SECTION 5. EFFECTIVE DATE -- PUBLICATION. This Ordinance shall be in full force and effect ixn.mediately upon adoption by at least a four-fifths vote of the City Columcil, and the City Clerk shall certify to the passage hereof and cause the same to be published once, within fifteen (15) days after passage, in TI-M DESERT SUN, a daily news- paper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 22nd day of November 1 19 72 AYES: Councilmen Foster, Garcia, Purcell, Schlecht and Mayor Wiefels NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESIIIRE City Clerk By, Deputy City Clerk Mayor APPROVED AS TO FORM CONTENTS APPROVED 40 i 3 B City , ruorney Date 11-17-72 Date I hereby certify that the foregoing Ordinance 939 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof I held November 22, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation, on November 30, 1972. Dated this 30th day of November, 1972. F.D. ALESHIRE ,'BY: JUDITH SUMICH Deputy City Clerk I I i i i 05 ORDINANCE NO. 940 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING ARTICLE 805, 01' THE PALM SPRINGS ORDINANCE CODE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES I ORDAIN AS FOLLOWS: SECTION 1. That Article 805, of the Palm Springs Ordinance Code is hereby repealed. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs. ADOPTED this 13th day of December , 1972. AYES: Councilmen Garcia, Purcell, Schlect and Mayor Wiefels NOES: None ABSENT: Councilman Foster ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F.D. ALESHIRE r City Clerk By ; Dep}hty City Clerk Mayor APPROVED AS TO FORM: CONTENTS APPROVED I ��` �iity Attorney Director of mmunity Development Date Date 7/7;L_ i I hereby certify that the foregoing Ordinance 940 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held December 13, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation, on December 19, 1972. Dated this 20th day of December, 1972. F. D. ALESHIRE By: JUDITH SUMICH Deputy City Clerk 01J I I ORDINANCE NO. 99.1 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALI:FO13NLA, ADOPTING AS AN URGENCY MEA- SURE REGULATIONS CONTINUING REQUIREMENTS THAT ENVIRONMENTAL IMPACT REPORTS BE PREPARED IN CONNECTION 1n11TH FUTURE PRO- JECTS WHICH MAY I-L>VE A SIGNIFICANIT EFFECT UPON THE ENVIRONMENT, AND CONTINUING THE I AUTHORITY TO DENY OR CONDITION PERMITS OR OTHER ENTITLEMENTS FOR SUCH P.ROiECTS. --------------- WHEREAS this City Council did, on November 8, 1972, adopt Ordinance No. 937 relating to requirements for environmental impact reports in connection with certain projects, and did indicate that such action was taken because State law required the Council to do so; and WHEREAS a State statute (A. B. 809, 1972 Legislature) has been en- acted providing that State law does not require such local regulations to be in force for a "moratorium" period of 120 days following the effective date of the statute, December 5, 1972, but such local regu- lations are nonetheless allowed to be in force during said period at the option of the local legislative bodies; and WHEREAS this City Council has determined that it is necessary in the public interest of this City and its residents and property owners that such local regulations as were contained in Ordinance No. 937 continue in effect in substantially the same form as therein enacted; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, I DOES ORDAIN AS FOLLOWS: SECTION 1. Prior to the approval or issuance of permits, rights, privileges or other entitlements for proposed projects found by the City Council of the City of Palm Springs to have a significant effect upon the environment, there shall be prepared and submitted an Environmental Impact Report. Officers, Agents, Boards, Commissions, Agencies and Employees of the City of Palm Springs are not authorized to issue appropriate approval of said permits, rights, privileges and other entitlements until there is compliance with all applicable rules, regulations and Ordinances of the City of Palm Springs. Those projects which may have a significant effect on the environment shall be speci- fied by Resolution of the Palm Springs City Council and there shall be required in connection with each such project the preparation and sub- mittal of an Environmental Impact Report complying with such standards as are contained in Division 13 of the California Public Resources Code and such standards and guidelines as may be promulgated by the State or by the City pursuant thereto. SECTION 2. For those applications to any City Board, Commission, Department, Division or Agency for any permit, right, privilege or other entitlement indicated in Section 1 of this Ordinance, the applicant shall provide data as required by the City of Palm Springs in order for the City to prepare an Environmental Impact Report in accordance with procedures which shall be established by Resolution of the City Council. SECTION 3. If an Environmental Impact Report is required as indi- cated in Section 1 of this Ordinance for an application for a Planned Development District, Zone Change, Conditional Use Permit, Variance, Subdivision, Parcel Map or Architectural Approval, an Environmental Ordinance No. 941 Page Two Impact Report will be prepared by the City and the applicant may not file his application for a Planned Development District, Zone Change, Conditional Use Permit, Variance, Subdivision, Parcel Map or Architectural Approval until said Environmental Impact Report is completed. The applicant may be required to supply additional data as required by the City to allow the City to prepare the Environmental Impact Report. Any de- lay requested by the applicant to supply said data shall be added to the time in which the Environmental Impact Report is to be completed or the time after which the application may be filed. The Environmental Impact Report will be made part of the record of the appli- cation and will be considered by the appropriate Commission, Board, Depart- ment or Division in its deliberation regarding the application. SECTION 4. Denial or Conditioning of Permits and Entitlements. In passing upon applications for permits or other entitlements in connection with proposed projects for which Environmental Impact Reports are required pursuant to Section 1 of this Ordinance, the Council and officers, boards, commissions, and agencies of the City shall consider said Reports and all other evidence sub- mitted and shall make findings as to whether any such project has significant and substantial adverse environmental effects. If such findings are in the affirmative, the application may, in the exercise of sound and reasonable dis- cretion, be denied, or conditions may be imposed that the project be modified in specified respects so as to measurably reduce or eliminate such adverse environmental effects as are found to exist in connection with the proposed pro- ject. I SECTION 5. Fees. The applicant for any permit or entitlement shall pay a fee to cover the costs of preparation and evaluation of any required Environmental Impact Report, and for other costs of administering the requirements herein. The amounts of any such fees shall be established by resolution of the City Council. SECTION 6. Projects Which Developers Have Vested Rights to Continue. Any Developer claiming .ci.ghts to continue his project by virtue of the City's having issued a permit or entitlement prior to November 8, 1.972, coupled with other facts which such developer contends gives him legally protected vested rights, may file with the City Council a request for exemption from the operation of the regulations contained in this Ordinance and in Ordinance No. 937. If the City Council shall, on the basis of such request and the evidence submitted by the developer in connection therewith, find that such developer is entitled under Constituti.cnal principles and judicial precedents to continue with his project free of the operation of said regulations, the City Council shall accordingly grant an appropriate exemption and allow the project to proceed. SECTION 7. Apo�als. Any person aggrieved or affected by a decision of any Commission, Board, Department, Division or Officer of the City, in administer•• ing or interpreting this Ordinance and the regulations contained herein, may appeal to the. City Council from such ,decision at any time within ten (10) days after the date upon which the decision is announced. Appeals from decisions of a Department, Division or O.Fficer shall, however, first be presented with- I in said 'ten (10) clay period to the City Manager for evaluation and possible reversal or modification, and if any charge is made by the City Manager in the decision appealed from, such action shall. be final unless a new appeal is filed to the City Council from the action of the City Manager. Any appeal. filed shall be made by filing a letter of appeal with the City Clerk and by concurrently ,j Ordinance No. 941 Page Three paying any applicable appeal free which has been established by Resolution of the City Council.. Said letter of appeal shall set forth the grounds upon which the appeal is based, and the relief requested. Within fifteen (15) days after receipt of a letter of appeal to the City Council, or at its next regular meeting after such period, and provided any applicable filing fee has been paid, the City Council shall consider the matter and may affirm, re- verse, or modify the decision appealed from. SECTION 8. Intent to Continue Regulations in Ordinance 937. The City Council hereby declares that it is its intent that this Ordinance shall substantially continue in effect the regulations heretofore enacted by Ordinance No. 937, adopted by this City Council on November 8, 1972, (although said Ordinance 937 shall be deemed superseded by the provisions herein), and that there shall not be deemed to have been any hiatus in such regula- tions by virtue of the taking effect of A. B. 889 of the 1972 Legisla ture on December 5, 1972. Further, all resolutions and regula- tions (e. g. Resolutions 10479 and 10480) adopted in implementation of Ordinance No. 937 shall be deemed continued in effect until here- after appropriately modified, amended or rescinded. SECTION 9. Limitation of Time for Bringing Legal Actions. In all cases in which any person challenges any decision made, action done, or failure to act or decide, by any City board, commission, or officer., or the City Council, pursuant to any provision of this Ordinance or any other ordinance, resolution or regulation in con- nection herewith or in implementation hereof, or any permit or en- titlement issued or approved by the City, no action thereon shall be commenced by any person in any court after the expiration of thirty (30) days following the date of such decision or action. In any case in which a challenger alleges such failure to act or decide, no action shall be commenced by any person in any court following thirty (30) days after the Council has decided on appeal to it or, in the event such failure to act or decide is by Council, thirty (30) days after such action or decision should have been made. SECTION 10. Severability. If any section, subsection, sentence, clause; phrase or portion of this Ordinance or any future amend- ments or additions thereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any future amendments or additions hereto. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, irrespec- tive of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto be declared invalid or unconstitutional. SECTION 11. Urgency. This Ordinance is adopted as an urgency measure pursuant to the authority of Section 65858 of the Government I Code of the State of California, for the immediate preservation and protection of the public safety, health and welfare, and shall take effect immediately upon its adoption and passage by at least a four- fifths vote of the City Council. The declaration of the facts consti- tuting the urgency is as follows: The provisions of this Ordinance are necessary because A. B. 889 (Knox) amending the California Environmental Quality Act of 1970 was adopted by the State Legisla- ture as an emergency measure on December 1, 1972, and said bile brings into effect a one hundred twenty- (120) day moratorium upon yell Ordinance No. 941 Page Four the environmental impact report requirement of the California Environmental Quality Act of 1970. Such moratorium is nonmandatory and the City Council of Palm Springs, not desiring such moratorium is enacting this Ordinance as an urgency measure to make clear its intent to avoid the effect of this mora- torium. This Ordinance makes clear the intent of this City Council to preserve the previously established procedures necessary for the implementation of the local environmental impact report policy and enables the City to implement guidelines adopted and approved by the City Council on November 8, 1972. In the absence of this Ordinance important decisions hitherto made respecting the need for environmental impact reports for major projects which the City has already decided "may have a significant effect upon the environment's might be contended to be suspended, and that such projects could go forward to construc- tion during the one hundred twenty (120) day moratorium period without environmental impact reports. Such result will be injurious to the environ- ment of this City and the health, safety and welfare of its residents. SECTION 12. Effective Period of Ordinance. This Ordinance shall remain in effect for the four-month period properly computed pursuant to Section 65858 of the Government Code of the State of California, unless sooner repealed or otherwise modified, and subject to any extension of the effective period duly enacted pursuant to and in accordance with said Section 65858. SECTION 13. Effective Date -- Publication. This Ordinance shall be in full force and effect immediately upon adoption by at least a four-fifths vote of the City Council; and the City Clerk shall certify to the passage hereof and cause the same to be published once, within fifteen (15) days after passage, in THE DESERT SUIT, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. I ADOPTED this 13th day of December 19 72 AYES: Councilmen Garcia, Purcell, Schlecht and Mayor Wiefels NOES: -alone ABSENT: Councilman roster ATTEST: CITY OF PALM SPRINGS, CALIFORNIA F. D. ALESHIRE City Clerk .Deputy City Clerk Mayor 4. APPROVED AS TO FORM CONTENTS APPROVED (.'- y Mttorney Director of`CorHmunity Development Date 12-13-72 Date 12-13-72 I I hereby certify that the foregoing Ordinance 941 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held December 13, 1972, and that same was published in THE DESERT SUN, a newspaper of general circulation, on December 19, 1972. Dated this 20th day of December, 1972. j F. D. ALESHIRD B : JUDITH SUMICH y Deputy City Clerk