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HomeMy WebLinkAbout1/1/1975 - ORDINANCES ORDINANCE NO. 983 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS ZONING ORDINANCE BY I AMENDING SECTION 9402.00 (CONDITIONAL USE PERMIT) , SECTION 9405.00 (VARIANCE) , and SECTION 9406.00 (ZONING MAP AMENDMENT) , CONCERNING PROCEDURE, REVOCATION OR VOIDING, REAPPLICATION, AND APPEAL. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 9402.00-B-1-a of the Palm Springs Zoning Ordinance is hereby amended to read as follows: a. Filing. The owner, lessee, or authorized agent of the owner or lessee of a subject property are the only persons authorized to sign an application for a Conditional Use Permit. Where the authorized agent is the signator, his authorization to represent the owner or lessee shall be in written form signed by the owner or lessee. SECTION 2. Section 9402.00-B-4-e of said Ordinance is hereby amended to read as follows : I e. The applicant shall submit a list of all property owners and lessees and sublessees of record, and their addresses within the prescribed distance of the subject property, together with a map that further identifies the individual parcel of each property owner. Said list shall be prepared by a title insurance company licensed to conduct business in the County of Riverside,, California. If any property on this list is owned by the United States Government in trust for the Indian tribe, a subsequent list of the names and addresses of individual Indian owners shall be obtained from the Bureau of Indian Affairs and signed by the " Director of Indian Affairs or his authorized representative. No application shall be accepted for filing without the required property owners list. SECTION 3. Section 9402.00-B-4 of said Ordinance is hereby amended by adding the following: g. When a complete application is accepted by the Permit Center, it shall be submitted to the City's Assistant Right-of-Way Agent who shall check the property owners list and map against his records and shall verify in writing the accuracy and completeness of said list as so checked. SECTION 4. Section 9402.00-D-1 and 2 of said Ordinance are hereby amended . to read as follows: 1 . No decision of the Commission shall be effective until a period of fifteen (15) days has elapsed following the decision of said Commission. 2. During said period, the applicant or any other aggrieved person may appeal the action of the Commission to the City Council". Any such appeal shall be filed in writing and shall contain the following: (a) a statement setting forth the specific action . 6 a Ordinance No. 983 Page 2 appealed from, (b) a listing of the specific grounds of the I appeal , (c) a recital of facts supporting the grounds of appeal , (d) a specification of the relief or action sought from the City Council , and (e) a declaration under penalty of perjury that the signator certifies that all factual statements in the appeal are true of his own knowledge, except as to those matters which he has stated expressly are only upon his information and belief, and that as to ,those latter matters he believes them to be true. In the event any written appeal fails to set forth any of the information or statements required by this subsection, the City Clerk shall return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to perfect and refile his written appeal . SECTION 5. Section 9402.00-I-2-a of said Ordinance is hereby amended to read as follows: a. Notice shall be mailed to the record owner and lessee of the subject property not less than twenty (20) days prior to holding a public hearing. Said notice shall state the com- plaint and shall request appearance of said owner and lessee at the time and place specified for the hearing to show cause why the permit should not be revoked. SECTION 6. Section 9402.00-J of said Ordinance is hereby amended to read as follows : J. REAPPLICATION The same applicant may not re-apply for a similar Conditional Use Permit_ on the same land, building, or structure within a period of six (6) months from the date of the final decision on such previous application unless such decision is a denial without prejudice. SECTION 7. Section 9405.00-C and D of said Ordinance are hereby amended to read as follows: C. PROCEDURE 1 . Application a. Filing. The owner, lessee, or authorized agent of the owner or lessee of a subject property are the only persons authorized to sign an application for a Variance. Where the authorized agent is the signator, his authorization to represent the owner or lessee shall be in written form signed by the owner or lessee. b. Form and Contents. Application shall be made to the Planning Commission on forms furnished by the Depart- ment of Community Development and shall set forth in detail the reasons for the requested Variance, indi- cating how the conditions set forth in Section 9405.00-13 are satisfied and such other information as may be requested by the Commission to assist in determining the validity of the request. 6 a Ordinance No. 983 Page 3 2. Filing Fee I When the application for a Variance is filed, a fee shall be paid in such amount as has been prescribed by resolution of the City Council , for the purpose of defraying the costs incidental to the proceedings. 3. Staff Investigations The Department of Community Development shall make an investi- gation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this Ordinance and the General Plan, and shall report the findings to the Commission. 4. Commission Public Hearing Date and Notice a. , The hearing date shall be set by the Department of Community Development for not less than ,ten (10) nor more than thirty (30) days after the filing-of the application with the Planning Commission. b. Notice of public hearing shall contain the time and ; place of the hearing, the location and 'proposed use of the subject property, and the variance requested. I c. Mailing. Notice shall be mailed, postage prepaid, not less than ten (10) days before the hearing date'to owners of property within a radius of four hundred '(400) feet of the exterior boundaries of the subject property. d. The applicant shall submit a list of all property owners and lessees and sublessees of record, and their addresses within the prescribed distance of the subject property, together with a map that further identifies the individual parcel of each property owner. Said list shall be' prepared by a title insurance company licensed to conduct business in the County of Riverside, California. If any property on this list is owned by the United States Government in trust for the Indian tribe, ,a subsequent list of the names and addresses of individual Indian owners shall ' be obtained from the Bureau of Indian Affairs and signed by the Director of Indian Affairs or his authorized representative. No appli- cation shall be accepted for filing without the required property owners list. e. When a complete application is„ accepted by the Permit Center, it shall be submitted to the City's Assistant Right-of-Way Agent who shall check the property owners list and map against his records and shall verify in writing the accuracy I and completeness of said list as so checked. f. If any properties included within the radii referred to in paragraph "d" above are located outside the limits of the City of Palm Springs, then the mailing notice need not be given to those properties, but in lieu thereof, the Plan- ning Commission of the City of Palm Springs may cause written notice of such hearing to be given to ,the Planning Commission of any City in which such outside properties are 6 a 228 Ordinance No. 983 Page 4 located or to the Planning Commission of the County in such cases where such outside properties lie within the unincor- porated portion of said County. Such written notice, if given, shall be given not less than fifteen (15) days prior to the date of such hearing. 5. Commission Public Hearing Recommendation and Notice Thereof a. The Commission shall , not less than ten (10) nor more than thirty (30) days after the mailing of the legal notice of the public hearing on a Variance, hold said public hearing. b. The Commission shall announce and record its decision within thirty (30) days after the conclusion of the public hearing. Said decision shall set forth the findings of the Commission and any attached conditions , including the time limit, deemed necessary to protect the health, safety, and welfare of persons in the neighborhood and in the City as a whole. c. The decision and findings shall be filed with Council within fifteen (15) days after its announcement, and a copy thereof shall be mailed to the applicant at the address shown on the application. The action of the Commission shall be final unless appealed. D. APPEAL 1 . The decision of the Planning Commission shall not be effective until a period of fifteen (15) days has elapsed following, the decision of said Commission. 2. During said period, the applicant or any other aggrieved person may appeal the action of the Commission to the City Council . Any such appeal shall be filed in writing and shall contain the following: (a) a statement setting forth the specific action appealed from, (b) a listing of the specific grounds of the appeal , (c) a recital of facts supporting the grounds of appeal , (d) a specification of the relief or action sought from the City Council , and (e) a. declaration under penalty of perjury that the signator certifies that all factual statements in the appeal are true of his own knowledge, except as to those matters which, he has stated expressly are only upon his information and belief, and that as to those latter matters he believes them to be true. In the event any written appeal fails to set forth any of the information or statements required by this subsection, the City Clerk shall return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to perfect and refile his written appeal . 3. The City Council shall hear such appeal within forty (40) days after the date of filing. The notice of mailing of public hearing shall be the same as that for the Planning Commission as prescribed in Section 9405.00-C-4. 4. The City Council shall render a decision within fifteen (15) days after the hearing. Council decision shall be final . 6 a 229 Ordinance No. 983 Page 5 5. The applicant shall be notified in writing of the Council 's decision at the address shown on the application. I SECTION 8. Section 9405.00-E-2-a of said Ordinance is hereby amended to read as follows: a. Notice shall be mailed to the record owner and lessee of the subject property not less than twenty (20) days prior to holding a public hearing. Said notice shall state the complaint and shall request appearance of said owner and lessee at the time and place specified for the hearing to show cause why the variance should not be revoked. SECTION 9. Section 9405.00-F of said Ordinance is hereby amended to read as follows : F. REAPPLICATION The same applicant may not re-apply for a similar variance on the same land, building, or structure within a period' of -six (6) months from the date of the final decision on such previous application unless such decision is a denial without prejudice. SECTION 10. Section 9406.00-B-1-c of said Ordinance is hereby amended to read as follows: c. By petition. ' I (1 ) All applications for amendment or change of zone shall be signed by the owner of the property in question or the -owner's authorized representative. Where the authorized representative is the signator, his authorization to represent the owner shall be in written form signed by the owner. The petition or appli- cation shall be on forms provided by the Department of Community Development and shall be full and complete and'shall include such data and information as may be prescribed by the Planning Commission to assist in determining the validity -of the request and the manner in which it meets the considerations set forth in Section 9406.00-A. An incomplete application shall not be accepted for filing. (2) When a complete application is accepted by the Permit Center, it shall be submitted to the City's Assistant Right-of-Way Agent who shall check the property owners list and map against his records and shall verify in writing the accuracy and com- pleteness of said list as so checked. SECTION 11 . Section 9406.00-B-4-e of said Ordinance is hereby amended to read as follows : e. The applicant shall submit a list of all property owners and lessees and sublessees of record, and their addresses within the I prescribed distance of the subject property, together with a map that further identifies the individual parcel of each property owner. Said list shall be prepared by a title insurance company licensed to conduct business in the County of Riverside, Cali- fornia. If any property on this list is owned by the United States Government in trust for the Indian tribe, a subsequent list of the names and addresses of individual Indian owners shall be obtained from the Bureau of Indian Affairs and signed ' . by the Director of Indian Affairs or his .authorized representa- tive. No application shall be accepted for filing without the required property owners list. 6 a Ordinance No. 983 Page 6 SECTION 12. Section 9402.00-B-4-c of said Ordinance is hereby deleted I and repealed. SECTION 13. Section 9402.00-B-4-d of said Ordinance is hereby amended by deleting the words : "In addition to publication," in line 1 . SECTION 14. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 15. 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 2nd day of January 197'5 AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None ATTESTCITE/ 0 P STRINGS, CALIFORNIA By, � ! Deputy City ClerkPP ayor REVIEWED & APPROVED 6� I HEREBY CERTIFY that the foregoing Ordinance 983 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 2nd day of January, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on January 9, 1975. DONALD A. BLUBAUGH City Clerk I ( \l BY: JUDITH SUMICH ` Deputy City Clerk I 6 a ORDINANCE NO. 984 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A YOUTH COMMISSION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. A new chapter, to be numbered Chapter 2.30, is hereby added to the Palm Springs Municipal Code, to read as follows: Chapter 2.30 YOUTH COMMISSION 2.30.010 Created. There is created a youth commission. It shall consist of fifteen members serving without compensation, appointed in the manner prescribed in Section 2.04.060 of this code. The commission shall consist of nine youth and six adults. One of the fifteen shall be the student body president of Palm Springs High School. Youth member- ship includes youth ,who at the time of appointment are less than 21 years of age and who are not under 14 years of age. All appointments to the commission shall be, for a term of two years, excepting the ex officio appointment of the student body president, commencing on July 1 of the year of appointment, provided that interim vacancies shall be filled" by appointment for the unexpired term of the member replaced. No person shall be appointed to and serve substantially more than two consecutive full terms. It shall be the policy of the city to appoint members who I collectively represent a cross section of the local ethnic and economic composition of the community and those who are committed to concerns of youth. 2.30.020 Officers--Committees. The commission at its organizational meetings, and annually thereafter, shall elect from its members a chairman and vice chairman. The chairman and vice chairman shall have and perform such duties as are commonly associated with their respective titles. The commission shall be further authorized to appoint and fix the membership of such number of standing and temporary committees as it may find expe- dient for the performance of its duties. The city manager shall appoint a person who shall be responsible for providing necessary staff support. 2.30.030 Meeting--Rules of procedure. The youth commission shall meet at least once each month, unless otherwise determined by the commis- sion by its standing rules. The time and place of such meetings shall be as fixed by the commission's standing rules. A majority of the appointed members of the commission shall constitute a quorum for the transaction of business. The commission may establish such rules and regulations as it deems necessary for the conduct of business. In matters relating to the holding of regular and special meetings, the commission is, 4ound by the provisions of the Ralph M. Brown Act of the State of California (Sections 54950, et seq. , California Government Code) . 2.30".040 Functions, powers and duties. The commission shall function in an advisory role to the City Council, To fulfill this role, the com- mission shall have; among others which hereafter may be delegated by the City Council, the following powers and duties: (1) To foster greater involvement of the youth in municipal govern- ment and civic affairs, especially in the City of Palm Springs. 7 a 232 ORD. N0, 984 Page 2 (2) To study any problems, activities, and concerns of youth as they relate to municipal policies, programs, or projects of the City of Palm Springs. (3) To make such studies of any other problems, activities, and concerns of youth in any field as, in the judgment of the commission, aid in effectuating its general purposes. (4) To hold and conduct forums on such problems, activities, and concerns of youth as are hereinbefore mentioned, in which various governmental and non-governmental agencies and other community organiza- tions, fraternal and benevolent associations having like and kindred functions and interests may be invited to participate, if and to the extent the commission deems such desirable, (5) To make such recommendations to the City Council as the com- mission may find necessary and desirable to carry out the purposes for which the commission is created. SECTION 2, Notwithstanding the provision of Section 2.30.010 set forth above, of the fifteen members first appointed to the commission at the time this ordinance takes effect, four of the youth and three of the adults shall be appointed for a term that expires on June 30, 1975, and five of the youth and three of the adults shall be appointed for a term that expires on June 30, 1976. Thereafter, all appointments to the com- mission shall be for terms as prescribed in Section 2.30.010 of the Palm Springs Municipal Code, SECTION 3. EFFECTIVE DATE, This Ordinance shall be in full force and I 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 circula- tion, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 2nd day of January , 19 75. AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None ATTEST,- �, CITY/OF 7ALM, PR1NGS, CALIFORNIA Byu Deputy City Clerk Mayor REVIEWED?& APPROVED I HEREBY CERTIFY that the foregoing Ordinance 984 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting therof held on the 2nd day of January, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on January 9, 1975. DONALD A. BLUBAUGH City Clerk I BY: JUDITH SUMICII Deputy City Clerk 7 a 233 ORDINANCE NO. 985 AN ORDANI\Xr,, Or THE CITY OF PALM SPRINGS 7�MENDING CH7',PTER 12 . 64 CIF THE PALM SPRINGS MUNICIPIAL CODE T2ErARDING PROVISIONS TrEREI-N CONCERNING RIDING OF BICYCLES ON SIDEWALTCS. THE CITY COUNCIL OF TIIE CITY GL' PI�LM SPRINGS, CALIFORNIA , DOES ORDAIN AS FOLLOWS : SECTION 1. Section 12 . 64 . 040 of the Palm Springs T.1unicipal Code is hereby amended to read as follows : 12. 64 , 040 Driving vehicles on 3i.dewalks--- Genera1Ty Prohi]-T LEci.! Unless otherwise expressly allowed by another provision of this title or ot'Zer_ applicable law, no person shall drive a vehicle (including any bicycle or unicycle) within any sidewalk area or parkway except at a permanent or temporary driveway. SECTION 2 . Section 12 . 64 . 042 is hereby added to the Palm Springs Municipal. Code, to read as follows: 12 . 64 . 042 Bicycles on sidewalks—When allowed. (a) Notwithstand.ino the provisions of Section 3,2.64.040, bicycles and unicycles may be ridden along portions or segments of sidewalks wherever expressly permitted by resolution of -the city council, but not until such sidewalk areas have been appropriately designated by the city engineer with signs or markings to give due notice to the pedestrian and cycling public. (b) No person shall ride, operate or use a bicycle or unicycle on a sidewalk or bikeway in a willful or wanton disregard for the safety of persons or property. 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 daiiv newspaper of general ci-rculation , printed, published and circulated in the Cit1 of Palm Springs, California. R-OPTED this 5th day of February 1975_ AYES: Councilmen Beirich, Field, Garcia, Schlecht and -Mayor Fost•a-r NOES : None AriSENT None I ATTEST: CITY' OF'PIIMM S -RINGS, CALF20_tF;T_A 4 `9 eh1 y Ci y Clerk —��Ir yor I t J='E6'iED & APPROVED) i FMFEBY CERTIFY that the foregoing Ordinance 985 was duly adopted by the City Council r of the City of Palm Springs, California, in a meeting thereof held on the 5th day of February, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulaeion on February 10, 1975. DODTALU A . BijGBAUGH CCTV CLERtL /J BY: JUDITH SUNiICII ' DeDuty Cifi-" ('1--7 i 235 ORDINANCE NO. 986 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9215.00, C--D-N DESIGNED NEIGHBORHOOD SHOPPING CENTER ZONE OF THE PALM SPRINGS ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Sections 9215.00 through 9215.03 of the Palm Springs Zoning Ordinance are hereby amended to read as follows : SECTION 9215.00: C-D-N DESIGNED NEIGHBORHOOD SHOPPING CENTER ZONE The C-D-N Zone provides an opportunity for convenience commercial uses to be oriented directly to the residential neighborhood they serve by means of a planned commercial complex. The shopping centers established under this zone are intended to be an integrated element of the neighborhood and to promote a harmonious relationship between convenience services and the residential environment through compatibility of site design and architectural treatment of struc- tures. The C-D-N Zone will not be granted until a Conditional Use Permit has been granted and all conditions complied with. SECTION 1111*11 : USES PERMITTED A. USES PERMITTED Convenience commercial uses established in a C-D-N complex shall direct their activities to serving the specific neigh- borhood in which they are located. Those businesses or services that require a market area beyond the sphere of the immediate neighborhood and draw customers or clients From community-level facilities or from the downtown business district are not considered to be an appropriate use in the C• D-N Zone. Buildings, structures, and land shall be used and buildings and structures shall be erected, altered, or enlarged only for the following uses , with specific limitations of size and scope. All uses shall be subject to the standards in Section 9215.03. Bakeries, retail Banks and savings and loan institutions, branch offices limited to a maximum of 10,000 sq. Pt. gross floor area Barber and beauty shops, excluding schools Book, gift, and stationery stores Camera Shops Clothes cleaning and laundry agencies Coffee shops Drug or variety stores limited to a maximum of 26,000 sq. ft. gross floor area and to the sale of merchandise that can be carried out by the customer. Sale of major furniture items or applicances prohibited. Florists Hardware and houseware stores Hobby and craft shops Ice cream shops Locksmiths 6-a-1 2 3 G 6-a-2 Ordinance No. 986 Page 2 Interior decorating and home assessory shops Jewelry stores Laundromats Liquor stores Musical Instrument; sales Newsstands Nursery schools & child care centers Offices Paint stores Pet shops including pet grooming (no kennel facilities) Plant nurseries(sales) Post Office branches Radio, television, and applicance sales & repair Shoe repair shops Specialty food stores, provided no live animals are kept or slaughtered on the premises Supermarkets and food stores Tailor shops (retail only) Toy stores Travel agencies Wearing apparel shops Accessory uses customarily incident to the permitted use and located on the same lot therewith. B. USES PERMITTED BY CONDITIONAL USE PERMIT Automobile service stations, limited to the dispensing of motor fuels and oils, lubrication, sales and service of tires, tubes, batteries, and other minor accessories. No major automotive repair shall be permitted, such as radiator, engine, transmission, or body repair. SECTION 9215.02: USES PROHIBITED All uses and structures not permitted in Section 9215.01 are here deemed to specifically prohibited. The following classifications of uses shall not be permitted in this Zone by Commission determination: Automotive repair garages Industrial uses Motorcycle rentals and sales Residential uses, including hotels Restaurants and night clubs Wholesaling and warehousing SECTION 9215.03: PROPERTY DEVELOPMENT STANDARDS The following property development standards shall apply to all land and buildings in the C-D-N Zone. A. SITE AREA Each neighborhood shopping center shall have a minimum site area of 5 acres and a maximum of 8 acres. 2 Ti Ordinance No. 986 Page 3 B. SITE DIMENSIONS 1 . Each neighborhood shopping center shall have a minimum width and minimum depth of four hundred fifty (450) feet. 2. Each neighborhood shopping center shall have a minimum frontage of four hundred fifty (450)feet on at least one dedicated and improved major or secondary highway. C. BUILDING HEIGHT 1 . Buildings and structures erected in this Zone shall have a height not greater than thirty (30)feet except as provided below. 2. Exceptions: Permitted Projections above Building Height Limit. The provisions of Section 9303.00 shall apply. D. YARDS 1 . General Provisions (See Section 9301 .00) 2. Where the C-D-N Zone fronts, sides, or rears on a street, there shall be a yard abutting said street of not less I than fifty (50) feet. The twenty (20) feet nearest the street shall be landscaped and maintained. The remainder may be used for parking, provided a wall not less than two and one-half (2 1/2) feet in height or mounding is installed between the property line and parking area. 3. Where the C-D-N Zone sides or rears directly on property in any residential , guest ranch, or open zone, there shall be a yard of not less than fifty (50)feet. A wall six (6) feetin height shall be installed on the Zone boundary line. Said yard may be used for parking or drives provided the ten (10)feet nearest the wail is densely landscaped. E. WALLS, FENCES, AND LANDSCAPING 1 . Walls shall be erected as required in Section 9215.03-D above. 2. The provisions of Section 9302.00 shall apply. F. ACCESS The provisions of Section 9305.00 shall apply. G. OFF-•STREET PARKING The provisions of Section 9306.00 shall apply. H. OFF-STREET LOADING AND TRASH AREAS The provisions of Section 9307.00 shall apply. I . SIGNS The provisions of the Sign Ordinance shall apply. 6-a-3 6-a-4 238 Ordinance No. 986 Page 4 J. STORAGE All goods, wares, merchandise, produce, and other commodities which are stored, repaired, offered or displayed for sale or exchange shall be housed in permanent buildings unless being transported, with the following exceptions: Automobile service stations Florist displays Outdoor dining Plant nursery sales, limited to living plants K. LIGHTING All lighting shall be indirect or shielded and so designed as to reflect away from adjoining properties, and shall comply with provisions of Section 9306.00-B-9. L. ANTENNAS The provisions of the Antenna Ordinance (formerly Chapter 83 of the Palm Springs Ordinance Code) shall apply. SECTION 2. Section 9215.04 is hereby added to the Palm Springs Zoning Ordinance to read as follows : SECTION 9215.04: PERFORMANCE STANDARDS I The shopping center shall be developed and maintained in a totally integrated unit with continuous vehicular and pedestrian systems, as well as a unified architectural and landscape treatment. The shopping center design shall make provision for other transpor- tation systems, such as busses and bicycles, as well as private automobiles. 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. ADOPTED this 19th day of February , 1975• AYES: Councilmen Beirich, Field, Garcia and Mayor Foster NOES: None ABSENT: Councilman Schlecht ATTEST- CITtY O ', P M SPRINGS, CALIFORNIA Deputy City Clerk �f Mayor REVIEWED & APPROVED `al(MI 1u I HEREBY CERTIFY that the foregoing Ordinance 986 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 19th day of February, 1975 and that same was published in THE DESERT SUN, a newspaper of general circulation on February 28, 1975 DON&LD A. BLUBAUGH City Clerk �BY�JDITH UMICH Deputy City Clerk P39 ORDINANCE NO. 987 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS ZONING ORDINANCE BY THE ADDITION OF A NEW C-S-C (COMMUNITY SHOPPING CENTER) ZONE CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 9100.09-A, Definitions, of the Palm Springs Zoning Ordinance is hereby amended by adding the following: 192. Department Store or Junior Department Store shall mean a store divided into separate departments carrying a great variety of goods, including major appliances and large items of furniture. SECTION 2. New Sections 9227.00 to 9227.04, inclusive, are hereby added to the Palm Springs Zoning Ordinance to read as follows: SECTION 9227.00: C-S-C COMMUNITY SHOPPING CENTER ZONE The C-S-C Zone is designed to combine the general variety of community- level commercial services in a planned shopping complex. The organization of services into a coordinated and interrelated complex is found to be a desirable alternative to scattered strip commercial development. The C-S-C Zone will not be granted until a Conditional Use Permit has been approved and all conditions complied with. SECTION 9227.01 : USES PERMITTED A. USES PERMITTED A Community Shopping Center should feature those commercial sales and service establishments that satisfy the primary needs of the City's residential community at large. It is neither intended nor permitted for these facilities to dilute or to detract from the commercial base established in the Downtown Shopping District. Tourist-oriented and intense commercial uses are not considered to be viable land use in the C-S-C Zone. Buildings, structures , and land shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses. All uses shall be subject to the stan- dards in Section 9227.03. All uses allowed in the C-D-N Zone. 6-e-2 Ordinance No. 987 Page 2 B. USES PERMITTED BY CONDITIONAL USE PERMIT If not approved as part of the original plan, the following uses may be permitted subject to further approval of a Conditional Use Permit, as provided in Section 9402.00. Such uses shall be designed integrally with the center. Automobile service stations, limited to the dispensing of motor fuels and oils, lubrication, sales and service of tires, tubes, batteries, and other minor accessories. No major automotive repair shall be permitted, such as engine, radiator, transmission, or body repair. Bowling alleys, provided the bowling alley portion of the structure shall be suitably sound-proofed and alleys mounted on suitable structures to prevent transmission of noise and vibration. Junior department stores, not exceeding 100,000 sq. ft. of gross floor area, provided the shopping center site shall contain thirty (30) gross acres. Restaurants and cocktail lounges Theaters SECTION 9227.02: USES PROHIBITED All uses and structures not permitted in Section 9227.01 are here I deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this Zone by Commission determina- tion: Automotive repair garages Industrial uses Motorcycle rentals and sales, both as a primary and accessory use Residential uses, including hotels Wholesaling and warehousing SECTION 9227.03: PROPERTY DEVELOPMENT STANDARDS The following property development standards shall apply to all land and buildings in the C-S-C Zone. A. SITE AREA Each community shopping center shall have a minimum site area of fifteen (15) acres and a maximum of 30 acreas. The site area shall generally correspond with the standards set forth in the General Plan. B. SITE DIMENSIONS 1 . Each community shopping center shall have a minimum width and minimum depth of five hundred (500) feet. 2. Each community shopping center shall have a minimum frontage of five hundred (500)feet on at least one dedicated and improved major or secondary highway. 241 Ordinance No. 987 Page 3 IC. BUILDING HEIGHT 1 . Buildings and structures erected in this zone shall have a height not greater than thirty (30) feet, except as provided below. 2. Exceptions: Permitted Projections Above Buildin Height Limit The provisions of Section 9303.00 shall apply. D. YARDS 1 . General Provisions (See Section 9301 .00) 2. Where the C-S-C zone fronts, sides, or rears on a street, there shall be a yard abutting said street of not less than fifty (50) feet. The twenty (20) feet nearest the street shall be landscaped and maintained. The remainder may be used for parking, provided a wall not less than two and one- half (2z) feet in height or mounding is installed between the property line and parking area. 3. Where the C-S-C zone sides or rears directly on property in any residential , guest ranch, or open zone, there shall be I a yard of not less than fifty (50) feet. A wall six (6) feet in height shall be installed on the zone boundary line. Said yard may be used for parking or drives, provided the 10 ft. nearest the wall is densely landscaped. E. WALLS, FENCES, AND LANDSCAPING 1 . Walls shall be erected as required in Section 9215.03-D. 2. The provisions of Section 9302.00 shall apply. F. ACCESS The provisions of Section 9305.00 shall apply. G. OFF-STREET PARKING The provisions of Section 9306.00 shall apply. H. OFF-STREET LOADING AND TRASH AREAS The provisions of Section 9307.00 shall apply. 242 42 6-e-4 Ordinance No. 987 Page 4 I. SIGNS The provisions of the Sign Ordinance shall apply. J. STORAGE All goods, wares, merchandise, produce, and other commodities which are stored, repaired, offered, or displayed for sale or exchange shall be housed in permanent buildings unless being transported, with the following exceptions : Automobile service stations Florist displays Outdoor dining Plant nursery sales, limited to living plants K. LIGHTING All lighting shall be indirect or shielded and so designed as to reflect away from adjoining properties, and shall comply with provisions of Section 9306.00-B-9. L. ANTENNAS The provisions of the Antenna Ordinance (formerly Chapter 83 of the Palm Springs Ordinance Code) shall apply. SECTION 9227.04: PERFORMANCE STANDARDS I The shopping center shall be developed and maintained as a totally integrated unit with continuous vehicular and pedestrian systems , as well as a unified architectural and landscape treatment. The shopping center design shall make provision for other transporta- tion systems, such as busses and bicycles, as well as private automobiles . 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. ADOPTED this 19th day of February 1975 AYES: Councilmen Beirich, Field, Garcia and Mayor Foster NOES: None ABSENT: Councilman Schlecht ATTEST• CITY ORD) AL, BRINGS, CALIFORNIA B ,,,S�)� LL — 1"\ Deputy City Clerk Mayor REVIEWED & APPROVED_ //40 I HEREBY CERTIFY that the foregoing Ordinance 987 was duly adopted by the City Council of t City of Palm Springs, California, in a meeting thereof held on the 19th day of February, 197 and that same was published in THE DESERT SUN, a newspaper of general circulation on February 28, 1975. DONALD A. BLUBAUGH i City Clerk BY: JUDITR SUMICH \ Deputy City Clerk ORDINANCE NO 988 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS SUBDIVISION ORDINANCE BY DELETING SECTION 9625. 11 AND AMENDING SECTION 9633.7, CONCERNING THE USE OF SEWERS AND INSTALLATION OF SANITARY SEWERS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 9625.11 of the Palm Springs Subdivision Ordinance is hereby deleted. SECTION 2. Section 9633.7 of the Palm Springs Subdivision Ordinance is hereby amended to read as follows: SANITARY SEWER. Sanitary sewer main and laterals to the property line shall be provided for each lot of a subdivision. The developer shall cap off laterals and provide extension of mains as necessary to hook up to existing City sewer system. Installation of sewer mains and laterals shall be complete prior to installation of street improvements. I 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. ADOPTED this 19th day of February 1975 AYES:Councilmen Beirich, Field, Garcia and Mayor Foster NOES: None ABSENT: Councilman Schlecht ATTEST: CITY OF P M SPRINGS, CALIFORNIA 1,Lc' �J Deputy City Clerk Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 988 was duly adopted by the I City Council of the City of Palm Springs, California, in a meeting thereof held on the 19th day of February, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on February 28, 1975. DONALD A. BLUBAUGH City Clerk BY UJDI H SUMICH Deputy City Clerk 244 I I 45 ORDINANCE NO. 989 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE WITH REGARD TO OFFICE USES WITHIN THE C-1 ZONE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 9216.01-A (Uses Permitted) of the Palm Springs Zoning Ordinance is hereby amended by adding the following statement after the word "offices. " (not including storage or presence of goods, materials, supplies, or equipment not consumed or used by the office use on the premises, or storage or presence of vehicles not used to transport business personnel or patrons to and from the premises) 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 19th day of February 1975. AYES: Councilmen Beirich, Field, Garcia and Mayor Foster NOES: None ABSENT: Councilman Schlecht TTEST,: CIT n 0 P.A"L�1P"RINGS, CALIFORNIA _. Deputy City Clerk Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 989 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof- held on the 19th day of February, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on February 28, 1975. DONALD A. BLUBAUGH City Clerk H SUMICH I -Deputy City Clerk 24G I ,247 ORDINANCE NO. 990 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS ZONING ORDINANCE FOR A CHANGE I OF ZONE FROM W-R-1 -A TO W-R-2 FOR PROPERTY LOCATED ON THE WEST SIDE OF BELARDO ROAD BETWEEN RAMON ROAD AND SUNNY DUNES ROAD (EXTENDED), SECTION 22. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Pursuant to Section 9100.03B of the Palm Springs Zoning Ordinance, the official Zoning Map of the City of Palm Springs referred to therein is hereby amended as follows : Zone Change: That portion of the NE 1/4 of the NE 1/4 of Section 22, T4S, R4E, SBB&M, lying between the centerline of Belardo Road and the southerly extension of the centerline of Cahuilla Road, is rezoned from W-R-1-A classification to W-R-2 classification. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. I 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 circula- tion, printed, published, and circulated in the City of Palm Springs, California. ADOPTED this _9th day of February 1975. AYES: Councilmen Beirich, Field, Garcia and Mayor Foster NOES: None ABSENT: Councilman Schlecht ATT,E& : CITY OF PA SPRINGS, CALIFORNIA Deputy City Clerk '-Mayor REVIEWED & APPROVED "k � I HEREBY CERTIFY that the foregoing Ordinance 990 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 19th day of February, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on February 28, 1975. I DONALD A. BLUBAUGH ",.----,,City Clerk r _ / BY: JUDITH SUMICH Deputy City Clerk 243 I ORDINANCE NO. 991 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5. 02 TO THE PALM SPRINGS MUNICIPAL CODE , CONCERNING ALARM SYSTEMS AND TECHNICAL AND BUSINESS REGULATIONS RELATED THERETO. --------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Title 5 of the Palm Springs Municipal Code is hereby amended by adding thereto a new chapter, to be num- bered Chapter 5. 02 , and reading as follows: Chapter 5 . 02 ALARM SYSTEMS 5. 02 . 010 Definitions. For the purposes of this chapter, certain words and phrases used here- in are defined as follows: (1) "Alarm System" shall mean any device designed for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act, or both, and, when actuated emits a sound or trans- mits a signal or message. (2 ) "Alarm Business" shall mean any person engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing, or monitoring any alarm system or causing to be sold, maintained, serviced, repaired, altered, replaced, moved, installed or monitored an alarm system in or on any building, place or premises. (3) "Alarm Agent" shall mean any person who is em- ployed by an alarm business, either directly or indirect- ly, whose duties include any of the following: selling, maintaining, leasing, servicing, :repairing, altering, replacing, moving, installing or monitoring on any building, place, or premises any alarm system. (4) "Audible Alarm" shall mean a device designed for the detection of an unauthorized entry on premises and which when actuated generates a sound audible at and outside the premises . (5) "False Alarm" shall mean an alarm signal which, under ordinary circumstances, will necessitate or cause response by the Police Department where an emergency situation does not exist. (6) "Proprietor Alarm" shall mean an alarm which is not serviced by an alarm business. (7) "Silent Alarm" shall mean that type of alarm system which, when activated, sounds a bell or buzzer or turns on a light at a predesignated place other than the location where the alarm has been installed. (8) "Subscriber" shall mean a person contracting with an alarm business for the leasing, servicing or maintaining of an alarm system. Ord. No. 991 Page 2 5. 02 . 020 Permits regvired._ (a) No person shall engage in, conduct, or carry on an alarm business without first ap- plying for and, receiving a permit therefor in accordance with the provisions of this chapter. (b) No person shall operate as an alarm agent, or engage in or conduct any activity as an alarm agent without first applying for and receiving a permit therefor in accordance with the provisions of this chapter_ . (c) No person shall ins -tall an alarm system, proprietor alarm, or audible alarm or use or possess an operative alarm system, proprietor, or audible alarm without first applying for and receiving a permit in accordance with the provisions of this chapter. 5. 02 . 030 Exemptions--Special alarm systems. The pro- visions of this chapter shall not be applicable to: (1) Audible alarms affixed to automobiles. (2) Fire or smoke sensor alarm systems or detectors when such systems are not used as , or in lieu of, intrusion detec- tion devices or alarm systems. (3) Emergency medical crisis alarms when such systems are not used as, or in lieu of, intrusion detection devices or alarm systems. 5. 02. 040 Preexisting systems--Time within which permit I required. Notwithil:arding subsecti-on. (c) of seition 5. 02. . 020 above, alarm systems installed and operative prior to the adoption of this chapter may be continued in operation with- out a permit until ninety days following adoption hereof , after which said subsection shall be fully applicable thereto. 5. 02 . 050 Permit- applications--Form--Investigal-.ion . (a) Applications for all permits required under this chapter shall be filed with the city manager or his designee. There shall be submitted such information as the city manager deems necessary in order to evaluate and act upon the permit application . An application for an alarm system permit shall require the name, address and telephone number of the person who is responsible for and who will render service or repairs to the system dur- ing any hour of the clay or night. (b) All applications for permits for alarm businesses or alarm agents shall require the fingerprints of the applicants . The city manager shall make or cause to be conducted an in-- vestigation of each applicant- to determine his character, .repu- tation and moral integrity. 5. 02. 060 permit,--Issuance--Denial. (a) Permits as applied for saa11 bo i.asuid k)y the city manager or his designee provided it appears; that all requirements of this chapter_ and of the standards , rules and regulations applicable pursuant to this chapter and other ordinauces and laws have been, and will appro- priately be, met: fully by the applicant . (b) A permit for an alarm business or an alarm agent shall be denied if the character, reputation or moral integrity of the applicant is determined by the city manager or his designee to be inimical or detrimental to the safety or general welfare of the, community, or if the applicant falsifies any information in the permit application or omi.is any information required therein. Ord. No. 991 Page 3 (c) A permit for an alarm system, a proprietor alarm, or audible alarm, shall be issued to the per- son owning , using, or possessing the alarm system, proprietor alarm or audible alarm. Alarm businesses shall procure and process applications for their sub- scribers. 5. 02 . 070 Bond required for alarm business. Each alarm business shall furnish to the city manager, prior to the issuance of a permit, a corporate surety bond in the principal amount of five thousand ($ 5 , 000. 00) dollars. The bond shall be conditioned as follows: (1) Upon the observance by the applicant, agent or permit holder of all the provisions of this chap- ter and of the standards, rules and regulations appli- cable pursuant to this. chapter and other ordinances and laws; and (2 ) Upon the truth of all representations made in connection with the application for such permit. 5. 02 . 080 Permits--Effective periods. (a) Permits for alarm businesses , alarm systems , proprietor or audible alarms shall generally be issued upon an indefinite basis until reovoked, suspended, surrendered or abandoned, un- less the application requests some lesser period, provided, I however, that any such permit may be issued for a lesser prescribed period in any case where the city manager or his designee determines that it would be in the public interest so to do. (b) Each alarm agent permit shall be issued effective for a one-year period only, and such permit must thereafter be renewed anually in order to remain effective. 5. 02 . 090 Fees. Each applicant for a permit under this chapter, and each person filing any appeal pursuant to provisions of this chapter shall pay at the time of filing the application or appeal, a processing fee or fees in an amount or amounts as may have been established by resolution of the city council. 5. 02 . 1.00 Revocation or suspension of permits . (a) Any permit granted pursuant to the provisions of this chapter may be suspended or revoked by the city manager for any reason for which the granting of the permit might be law- fully denied, for the violation of any provision or regula- tion of this chapter or the rules or regulations applicable to alarm systems or businesses by virtue of any other ordi- nance or law, or for violation of minimum standards estab- lished by this chapter or by other competent authority, or I where the character or moral integrity of the permit holder or his employees is determined inimical to the public safety or general welfare of the community , or for an alarm system, proprietor alarm, or audible alarm where such device actuates excessive false alarms as determined by the standards set forth in Section 5, 02 . 150 hereinafter. (b) Such suspension or revocation of permit shall be made only after a hearing granted to the holder before the city manager. or his designated agent after ten (10) days notice to said permit holder, setting forth 6 a 3 252 6 a 4 Ord. No. 991 Page 4 the nature and grounds of complaint against him and stating I the time and place such hearing will be held. (c) Upon failure of the permit- holder to respond to the hearing after receiving notice of such hearing, the permit may be suspended or revoked. (d) Upon revocation or suspension of any permit, such per- mit shall forthwith be surrendered to the city manager or his designee, and failure to so surrender such permit upon demand, written or oral, by the city manager or his designee or any peace officer shall be unlawful. (e) Upon revocation or suspension of any permit to use or possess an operative alarm system, proprietor, or audible alarm, the same shall be promptly disconnected and inactivated, and no permit holder or other person using or possessing the same shall fail , refuse or neglect so to do. Upon receiving knowledge of the revocation or suspension of any such permit, the police department shall not consider itself obligated thereaf- Ler to respond to any alarm transmitted or sounded by the alarm system, proprietor, or audible alarm for which the permit has been sus- pended or revoked. (f) Any such suspension or .revocation of any permit may be in addition to any penalties otherwise provided for by law. 5. 02 . 110 Appeals. Any person aggrieved by, dissatisfied with, or excepting to any action , denial, order, requirement, condition , permit, decision or determination made by the city manager or his designee in administering the provisions of this chapter, may appeal by filing written notice specifying the grounds of appeal and the 'relief sought, with the city clerk within ten (10) days after notice of the action appealed from. Upon any failure to file such written appeal within the time herein allowed, the action of the city manager or his designee shall be final and conclusive. A timely appeal shall be reviewed by the city manager, and unless an adjustment of the matter is made by the city manager satisfactory to the appellant, the appeal_ shall be expeditiously scheduled for hearing before the city council, which body at the conclusion of its consideration may affirm, reverse or modify the action appealed from and may take any action which might have been legally taken in the first instance by the city manager or his designee. 5. 02 . 120 Administration, regulations and standards . The pro- visions of this chapter shall be administered and enforced by the city manager. He and his designees are authorized to make inspec- tions of alarm systems , and of the premises whereon such systems are located. He and his designees shall have the power to enforce such rules and regulations and standards as may be applicable pur- suant to this chapter or other ordinance or law. 5. 02 . 130. Alarm agents---Permit to be on person when so acting. ) No person possessing an alarm agent permit shall , while ,berating, as an alarm agent or engaging in or conducting any activity as an alarm agent, fail, refuse or neglect at all suciI times to have the permit upon his person or to display such permit to any peace officer upon request. Ord. No. 991 Page 5 5 . 02 . 140 Intrusion alarms--General requirements. (a) No person shall install or maintain any audible alarm or other alarm system which upon actuation emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes. (b) No person who, as owner or business manager or real estate agent or as other responsible employee or agent, maintains an audible alarm which does not con- tain a means to effect an automatic turnoff of the alarm within ten (10) minutes after it is first activated, and which alarm is not serviced on a 24-hour basis by an alarm business, shall fail, refuse or neglect to notify the Police Department of: (1) his name and the tele- phone number at which he may be reached at any time of the day or night, and (2) the name and telephone number of an alternate responsible person who may be reached to turn off the alarm at all times that the person listed in (1) is absent or otherwise unavailable. The alarm business or the above-listed person, as appropriate, shall be responsible for deactivating any alarm within thirty minutes of notification that such alarm has been activa- ted or is ringing. (c) The ringing of any alarm for a period in excess of thirty minutes after such notification or reason- able efforts of notification have been made is hereby 1 declared to be a public nuisance which may be made the subject of a prosecution under Section 11. 72 . 300 of this code, in addition to being made the subject of permit revocation or suspension as provided in Section 5. 02 . 100 above. 5. 02. 150 Faulty systems--False alarms. (a) No person shall maintain, use or possess an operative alarm system, proprietor, or audible alarm which is faulty in that it signals or sounds an excessive number of false alarms. (b) Any alarm system, proprietor, or audible alarm shall be presumed to be in violation of this section whenever there are any one of the following numbers of false alarms, whether activated through possessor' s negligence, equipment malfunction or for any other rea- son under the ability to control of the possessor, whether such causes are sole or in combination: (1) More than one within any thirty-day period; or (2) More than two within any ninety-day period; or (3) More than three within any 180-day period; or (4) More than four within any one-year period. (c) Any violation of this section shall constitute ground for permit revocation or suspension pursuant to Section 5. 02. 100 above. (d) In lieu of actual permit suspension or revoca- tion pursuant to Section 5. 02. 100 above, or as a precondi- tion to permit reinstatement after action taken pursuant to said section, the city manager may require from the appropriate permit-holder or other person using, possessing 'or maintaining a faulty alarm system, proprietor, or audi- ble alarm, a report in writing (within such reasonable period as is specified by the city manager) describing the corrective action which has and will be taken to assure that violation of this section will not reoccur. Ord. No. 991 Page 6 5. 02 . 160 Reimbursement of city for false alarm costs. (a) Whenever the Police Department has responded to a false alarm which is in excess of any of the tolerable numbers ac- cording to the criteria set forth in subsection (b) of Sec- tion 5. 02 . 150 above, and whenever the Police Department has responded to any alarm sound, signal or message emitted or transmitted from or by an alarm system, proprietor alarm or audible alarm the permit for which has been suspended or revoked, or for which there was not previously issued a permit in ac- cordance with this chapter, the police chief shall compute the costs directly and indirectly incurred by his department and any other department of the city and in any other way by the city for salaries, wages and other compensation (including fringe benefits) paid or payable to or for the benefit of personnel during the period involved in the response, plus a reasonable rental cost for all city vehicles and equipment directly utilized in connection with the response and for the period involved. The chief shall promptly transmit a report of such costs to the city manager, together with an appropriate report relating the facts and circumstances concerning the incident to which the report of costs relates . (b) The city manager shall review the reports and unless he determines that exigencies of the facts and circumstances show the incident to be excusable or that for any other reason it would not be in the public interest to pursue this reimburse- ment procedure, he shall cause billings, for the total costs as reported by the police chief, or for such lesser portion thereof as he determines is equitable, reasonable and legal in view of the surrounding circumstances , to be mailed or otherwise transmitted to all of the following or as many there- of appropriately as are shown to be involved in connection with the particular incident and with the alarm system thereby ', in- volved: (1) the owner of the alarm system, (2) any person, Firm or corporation occupying the premises where the alarm system is located, if such party is responsible for maintenance of the alarm system, or for overall general maintenance of the premises including the alarm system, (3) the alarm business responsible for maintaining or servicing the alarm system, if the alarm signal responded to was activated through equipment malfunction or failure of the alarm business to adequately maintain or service the alarm system, and (4 ) any other person, firm or corporation shown to have activated the false alarm (if such was the case) intentionally, carelessly or by negligent act or omission. (c) Upon billings being mailed or transmitted per subsection (b) , each person, firm and corporation so billed shall become indebted and liable, severally and jointly, for payment to the city of the entire amount due, and additionally for such further legal costs as may be incurred by the city, including a reason- able attorney' s fee to be set by the court, in the event the total amount billed is not paid and it becomes necessary for the city to resort to legal action in order to collect. In the event any billing is not paid within a reasonable time, an action or actions may be brought for collection of any amounts due pursuant hereto, in any court of competent jurisdiction. 5. 02 . 170 .Instruction as to operation of systems. It shall be the responsibility of the holder of an alarm business permit, and no such person shall fail, refuse or neglect, to instruct his subscriber, and (i£ a different person) the occupant of the premises wherein . an alarm system is installed, in the proper use and operation of such device or alarm, whether silent or audible, :255 Ord. No. 991 Page 7 including specifically all necessary instruction in turning off said alarms, and that intentionally activating an alarm in the absence of an emergency is a criminal offense under Section 148. 3 of the California Penal Code. 5. 02 . 180 Alarm systems terminating at police depart- ment. No alarm system shall be installed which when activa- ted, causes an alarm or signal to be sent directly to the Palm Springs Police Department or any facility thereof , unless and until written permission therefor is received from the police chief. The chief is authorized to limit the number of such devices terminating into the police de- partment if he determines that any such device or devices would interfere with the normal functions of the police department. 5. 02. 190 Automatic calling devices. No person other than an authorized agent of the Police Department shall use, maintain, operate, or attempt to use or operate, or cause _ to be used or operated any alarm system or other device or combination of devices that is arranged, adjusted or pro- grammed so that it will upon activation, either mechanically, electronically or by other ,automatic means, initiate, call' and deliver a recorded message to any telephone number assigned to the City of Palm Springs, its Police Department or to any radio frequency used thereby. SECTION 2. EFFECTIVE DATE. This Ordinance shallbe in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and di- rected 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 2nd day of April 1975 . AYES: Councilmen Beirich, Field, Garcia, Schlecht- and Mayor Foster NOES: None ABSENT: None ATT,Ei 1 CITY CP P P S, CALIFORNIA i Deputy City Clerk Ma or REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 991 was duly adopted by the City Council' of the City of Palm Springs, California, in a meeting thereof held on the 2nd day of April, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on April 11, 1975. DONALD A. BLUBAUGH City Clerk _./BY: JUDITH SUMICH Deputy City Clerk i i ORDINANCE No. 992 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA DISESTABLISHING THE DOWNTOWN BUSINESS IMPROVEMENT AREA AND REPEALING CHAPTER 3.98 OF THE PALM SPRINGS MUNICIPAL CODE, WHICH PROVIDED A SPECIAL ADDITIONAL LICENSE TAX TO BE PAID BY BUSINESSES OPERATING IN SAID AREA. On February 19, 1975, the City Council of the City of Palm Springs 'adopted Resolution No. 11342, a resolution of intention to dis- establish a Business Improvement Area (Downtown Business Improve- menL- Area) . Said Resolution of Intention was duly and regularly published and mailed in the time, form, and manner as required by law. As set in said Resolution of Intention, a public hearing was held on March 19, 1975, at 7 :30 o'clock p.m. in the Council Chambers of the City Council of Palm Springs, at which hearing the Council pro- ceeded to hear protests and objections, both oral and written, to the disestablishment of said Business Improvement Area. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: I SECTION 1. The Business Improvement Area established by Ordinance 976, adopted by the City Council on November 6, 1974, is hereby disestablished. SECTION 2. Chapter 3. 98 of the Palm Springs Municipal Code is hereby repealed. SECTION 3. EFFECTIVE DATE. This Ordinance, being an ordinance relating to taxes for usual and current expenses of the City, shall take effect immediately upon its 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, before the expiration of fifteen (15) 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 2nd day of April , 1975. AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None At!.-i"NT: None CITY t ffffPA of ) S INGS, CALIFORNIA Deputy City Clerk ay( REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 992 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 2nd day of April, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on April 11, 1975. DONALD A. BLUBA`U GI� ty tC,.l_e_r�k UJ DITI1 SUMICN 1 c Deputy City Clerk i i i 259 ORDINANCE N0. 993 I AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP BY REZONING FROM C-D-N (DESIGNED NEIGHBORHOOD SHOPPING CENTER) TO C-S-C (COMMUNITY SHOPPING CENTER) CERTAIN PROPERTY DESCRIBED AS THE PALM SPRINGS MALL AND LOCATED ON THE SOUTHWEST CORNER OF TAHQUITZ-McCALLUM WAY AND FARRELL DRIVE, SECTION 13. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . The Official Zoning Map of the City of Palm Springs referred to in Subsection B of Section 9100.03 of the Palm Springs Zoning Ordinance is hereby amended as follows : Zone Change: Lot 21 together with that portion of Lot 20, lying westerly of Farrell Drive in Section 13, T4S, R4E, S.B.B. & M. , as shown on map of Palm Valley Colony Lands, according to map thereof recorded in Book 14, Page 652 of Maps, Records of San Diego County, California, is rezoned from C-D-N to C-S-C. I 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 circula- tion, printed, published, and circulated in the City of Palm Springs, California. ADOPTED this 16th day of April 1975. AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None ATTEST-:, CITj>r O,F1 PA SPRINGS, CALIFORNIA BY L..._,✓ Deputy City Clerk layor REVIEWED & APPROVED ���1� I HEREBY CERTIFY that the foregoing Ordinance 993 was duly adopted by the 1 City Council of the City of Palm Springs, California, in a meeting thereof held on the 16th day of April, 1975, and that was published in THE DESERT SUN, a newspaper of general circulation on April 22, 1975. DONALD A. BLUBAUGH _. City Clerk BY; JUDITH SUMICH Deputy City Clerk ������ I ,, I I ?61 ORDINANCE NO. 994 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DISESTABLISHING THE DOWNTOWN IBUSINESS, IMPROVEMENT AREA ADVISORY BOARD. The City Council of the City of Palm Springs, California does ordain as follows: SECTION 1. Chapter 2.22 of the Palm Springs Municipal 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 circula- tion, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 16th day of April , 1975. AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES : None ABSENT: None i ATTI';'ST: CITY O Pr hP PIN PS, CALIFORNIA Deputy City Clerk Mayor REVIEWED and APPROVED zl� I HEREBY CERTIFY that the foregoing Ordinance 994 was duly adopted by the City Council of the City, of Palm Springs, California, in a meeting thereof held on the 16th day of April, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on April 22, 1975. DONALD A. BLUBAUGH City Clerk 'BY: rJ\U-D-ITH SUMICH `-� Deputy City Clerk I 32-b 2 I I ORDINANCE NO. 995 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE TEXT BY ADDING THERETO A NEW "N" NOISE IMPACT COM- BINING ZONE, AND BY AMENDING 0-5 ZONE REGULATIONS SO AS TO PROHIBIT RESIDENTIAL DEVELOPMENT WITHIN THE CONFINES OF THE 1985 ULTRASYSTEMS 65 DB CNEL NOISE CONTOUR. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9228.00 is hereby added to the Palm Springs Zoning Ordinance to read as follows: SECTION 9228.00 N NOISE IMPACT COMBINING ZONE A. The purpose of the "N" Noise Impact Combining Zone is to identify properties within a noise sensitive area surround- ing any airport, in which area residential development may be allowed. B. "N" zones may be established only in conjunction (by prefix symbol ) with other zones in which residential uses are allowable, and will be related to noise sensitive areas surrounding an airport. C. The following requirements shall apply in an "N" zone. No permit, approval , or other entitlement shall be issued or given for construction of any new residential unit, unless the following conditions have been met or guaranteed: 1. A standard "avigation easement and nonsuit covenant" in form prescribed and approved by the City Attorney has been provided by and with reference to present and future owners of the parcel of land on which the resi- dential unit is to be located, and 2. Construction of the residential unit will meet minimum soundproofing requirements prescribed pursuant to Section 1092 (and related sections, if any) of Title 25, California Administrative Code. SECTION 2. Section 9225. 01-A-1 of the Palm Springs Zoning Ordinance is hereby amended to read as follows : 1. R-1 uses may be permitted on lots which were of record on August 1, 1973, provided the owner -Files a nonsuit covenant with the City of Palm Springs, relieving said City from responsibility related to whatever hazard may exist, except that no residential uses shall be allowed within the confines of the 1985 Ultrasystems 65 db CNEL Noise Contour. 264 4b z Ordinance No. 995 Page 2 SECTION 3. Section 9225.01-C-2-a of the Palm Springs Zoning Ordinance is hereby amended to read as follows : a. In order to encourage a more creative approach in the develop- ment of land to allow for more usable open space areas, large-scale residential developments may be permitted on sites of not less than five (5) acres of land at a density of three and one half (3z) units per acre. .The land shall be developed as an integrated unit, conforming to density and all other property development standards except that lot area, lot dimensions, and yards may be modified to allow "cluster" and "row" housing, provided the overall development equals the general quality of development in this zone and that no resi- dential uses be allowed within the confines of the 1985 Ultra- systems 55 db CNEL Noise Contour. 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 same to be Published once in THE DESERT SUN, a daily newspaper of general circu- lation, printed, published, and circulated in the City of Palm Springs, California. — -- ADOPTED this 7th day of May 1975. AYES: Councilmen Beirich, Field,-Garcia, Schlecht and Mayor Poster NOES: None ABSENT: None I ATTEST: CITY OF P '114 S RINGS, CALIFORNIA Deputy City Clerk ' Mayor REVIEWED & APPROVED +.I; T 1-MREBY CERTIFY that the foregoing Ordinance 995 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 7th day of May, 1975, and that same was published° in THE DESERT SUN, a newspaper of general circulation on May 16, 1975. DONA.LD A. BLUBAUGH City Clerk( BY: JUDITH SUMICU Deputy City Clerk z �Np JJ p J� 's ✓ Fc /2 ULTEASYSTEmS 685 65 cnEL ( 4 � cFN comgi D ULTR Y5TEM5 WALE vmn 65cnEL EXHIBIT 'A" ORDINANCE NO. 996 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY ADDING AN "N" CLASSIFICATION TO CERTAIN PROPERTIES WITHIN THE NOISE SENSITIVE AREA SURROUNDING THE PALM SPRINGS AIRPORT. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1 . Pursuant to Section 9100.03-b of the Palm Springs Zoning Ordinance, the official Zoning Map of the City of Palm Springs referred to therein is hereby amended as follows: Zone Change: The land within the noise sensitive area surrounding the Palm Springs Airport which allows residential development and as legally shown on the attached Exhibit "A" is rezoned by the addition of an "N" prefix symbol to the existing zone designation. 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 circu- lation, printed, published, and circulated in the City of Palm Springs, California. ADOPTED this 7th day of May 1975. AYES: Councilmen Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None AB,STA-I � Councilman Beirich {TTEST: ` CITY'OF/P", SPRINGS, CALIFORNIA Deputy City Clerk Mayor REVIEWED & APPROVED �� I HEREBY CERTIFY that the foregoing Ordinance 996 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 7th day of May, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on May 22, 1975. DONALD A. BLUBAUGH City Clerk �)~ BY: JUDITH SUMICH Deputy City Clerk 266 i zb� ORDINANCE NO. 997 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY REZONING FROM R-T-P TO N-0-5 CERTAIN PROPERTIES ON THE EAST SIDE OF CROSSLEY ROAD BETWEEN RAMON ROAD AND MESQUITE AVENUE (EXTENDED). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1 . Pursuant to Section 9100.03-b of the Palm Springs Zoning Ordinance, the official Zoning Map of the City of Palm Springs referred to therein is hereby amended as follows: Zone Change: The parcels of property legally shown on the attached Exhibit "B" are rezoned from R-T-P to N-0-5. 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 circu- lation, printed, published, and circulated in the City of Palm Springs, California. ADOPTED this - 7th day of May 1975. AYES: Councilmen Field, Beirich and Mayor Foster NOES: None ABSENT: None ABSTAIN: Councilmen Garcia and Schlecht ATTEST: CITY'OF , ACM SPRRINGS, CALIFORNIA �q- ✓� j Deputy City Clerk Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 997 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 7th day of May, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on May 16, 1975. DONALD A. BLUBAUGH NBY ty Clerk : SUDITH SUMICH Deputy City Clerk 4 c 1 1 r� L RAMON RD. I.L ' l L zso' j// R— TP . ;// jTO ��'/ - 0- 5 ,�;�j/ 1Y-0-5 PvI-I—P - LL. R 0. : I.L. _ 1 L. �_5 ti.&OAl6� EXHIBIT "8" PFALVol CITY — --_— ---- -- 26`J ORDINANCE NO. 998 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY REZONING FROM R-2 TO N-R-1-C CERTAIN PROPERTIES SOUTH OF RAMON ROAD BETWEEN VELLA ROAD AND AVENIDA EVELITA. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1 . Pursuant to Section 9100.03-b of the Palm Springs Zoning Ordinance, the official Zoning Map of the City of Palm Springs referred to therein is hereby amended as follows : Zone Change: The parcels of property legally shown on the attached Exhibit "C" are rezoned from R-2 to N-R-1-C. 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 circu- lation, printed, published, and circulated in the City of Palm Springs, California. ADOPTED this 7th day of May 1975. AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None A CI7Y F tSPRINGS, CALIFORNIA d Deputy , ity Clerk Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 998 was duly adopted by the City Council of 'the City of Palm Springs, California in a meeting thereof held on the 7th day of May, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on May 16, 1975. DONALD A. BLUBAUGH City Clerk Ii : JUDITH SUMI puty City Clerk 2"70 4 d 1 I , + RAMON _ _ ROAD .. .... _ R-2 NTR_I-C 1` •'e JE•C_A4L;._S_L + "1 V . anenc a $zN sIMEo: _sAN MIGU'L ` ....CF.._ _. .._L..�.. •CJ1 ANTONI '' ne(rY•-� 'y-�,.'�^;.M lw.� T� �.,---ern�.- IM11 �_uf . ._J ' � 1 LI 1..� W ..I I �H`L�1 ,a, �._A.Cv� _ f N PHA:: of '.. —{--�SI I{'i ,S• FC^E.1- j�s�.•.1. a ' j { I I . ffXNr�D;T "C" �. ry �jX7�C1�A �L j�I Yql,�3i\\W��.j•p'J 5.895 Cp'i / _ YL a 0 Yr,. 49� L-�3.,'..�.). ��.i.....),19JL p} ki T O_R...A .� 1 �,.�',u��.;1.d.�'a�.............�..,,y.....�r,�,�• , ..s.���.—,_�.._�y,-.__,� �n ' �.,.,6.��as..,a. r....r ��„�m.,. �y, ,Li'�3b Eq"�._,.:r,,.., i � l ORDINANCE NO. 999 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SEC- TION 5. 12 . 110 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE EXPIRATION DATES OF DANCE PERMITS . --------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 5. 12 . 110 of the Palm Springs Municipal Code is hereby amended to read as follows : 0. 12. 110 Permit--Expiration date Every such permit shall expire on September 30th follow- ing the date of issuance. 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 7th day of May , 1975. AYES : Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None CITY 0 PA M�PRINGS, CALIFORNIA �7�—Depr? ty City Clerk \mayor REVIEWED & APPROVED RC I HEREBY CERTIFY that the foregoing Ordinance 999 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 7th day of May, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation. on May 16, 1975. DONALD A. BLUBAUGH / City Clerk '� B�':.,_ JUDITH SUMICH l deputy City Clerk � b A 2 r 741 ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO ALLOW CHILD DAY CARE FACILITIES WITHIN SINGLE- FAMILY RESIDENTIAL ZONES. --------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. A new subsection 4 is hereby added to Section 9203. 01-A of the Palm Springs Zoning Ordinance, and new sub- sections 3 are hereby added respectively to Sections 9204 . 01-A, 9205 . 01-A, 9206. 01-A, and 9207. 01-A of said Ordinance, in each instance said new subsection to read as follows : Ordinary day care in the home , of nonresident children needing supervision services by reason of their youth, provided: a. A permit has been issued pursuant to Sections 9314 . 00 et seq. and is in full force and effect, and b. Such use is carried on pursuant to a license for a day care home issued by the Riverside County Department of Public Social Services , and C. , The number of children at the facility at any one time does not exceed six (6) , includ- ing the children who permanently reside at the location. SECTION 2 . New subsections 6 are hereby added respectively to Sections 9203. 01- 9204 . 01-C, 9205. 01-C and 9206. 01-C of the Palm Springs Zoning Ordinance , and a new subsection 5 is hereby added to Section 9207. 01-C of said Ordinance , in each instance said new subsection to read as follows : Ordinary day care in the home, of more than six (6) nonresident children needing supervision services by reason of their youth, provided: a. Such use is carried on pursuant to a license for a day care home issued by the Riverside County Department of Public Social Services , and b. The number of children at the facility at any one time does not exceed ten (10) , including the children who permanently reside at the location. SECTION 3. Sections 9313. 00 and 9313. 01 as added by Ordinance No. 763 to the Palm Springs Zoning Ordinance are hereby renumbered to read 9410. 00 and 9410. 01 respectively. 1 b 2 Ord. No. 1000 Page 2. SECTION 4 . New Sections 9314 . 00 to 9314 . 04 are hereby added to the Palm Springs Zoning Ordinance, to read : SECTION 9314. 00 : CHILD DAY CARE FACILITIES Ordinary day care in the home , of nonresident children needing supervision by reason of their youth, shall be permitted only when listed in a zone as a principal per- mitted use or as a conditional use . Where listed as a conditional use, no such use shall be made unless there is approved and in full force and effect a Conditional Use Permit, as provided in Section 9402. 00. Where listed as a principal permitted use, no such use shall be made un- less the following requirements are and have been met : SECTION 9314. 01 : PERMIT REQUIRED No such use shall be established or maintained until there has been issued and there is in full force and effect a permit therefor issued by the Director of Community Develop- ment. Application for any such permit shall be in such form and, shall provide such information as is required by the Director as is deemed necessary to process the application . SECTION 9314 . 02 : HEARINGS AND CONDITIONS The Director shall afford the applicant the opportunity for a due-process hearing before denying any such appli- cation or imposing any condition not agreed to in writing by the applicant. Conditions may be imposed which the Director deems necessary in order to protect the ,peace, health, safety or welfare of other persons in the vicinity or of the general public, but he may deny a permit only in a case where he finds that the issuance thereof even with conditions and restrictions , would be unduly detrimental to the peace , health, safety or welfare of other persons or properties, private or public, in the vicinity, or to the public interest. SECTION 9314 . 03 : REVOCATION OF PERMITS The Planning Commission shall have the power and authority to revoke any permit issued pursuant hereto , at any time when it is found, after due-process hearing, that: 1. The, conditions imposed in connection with such permit ,have been violated or not adhered to , or 2 . There exists any state of facts which would have been good reason to deny issuance of the permit when applied for regardless of when such state of facts arose , or 3 . The protection of the peace , health or safety of any person or the general public, or the protection of the rights of any person to peaceable and 'un- molested enjoyment of his property requires such revocation, or Ord. No. 1000 Page 3. 4. The activities for which the permit was issued have substantially exceeded those represented at the time of application, or the activity has been conducted in violation or noncompliance with any appli- cable law or regulation. SECTION 9314 . 04 APPEALS Any decision of the Director hereunder may be appealed to the Planning Commission per the procedure, as applicable, prescribed in Section 9402. 00-D. Any decision of the Planning Com- mission hereunder is similarly appealable to the City Council. SECTION 5. Wherever in the Palm Springs Zoning Ordinance (in- cluding subsection 50 of Section 9100. 09 thereof) and wherever in the other ordinances and ordinance provisions continued in effect separate and apart from the Palm Springs Municipal Code pursuant to Section 1. 01. 002 of said Code, the words "Planning Director" or "Director of Planning" or like phrases are used, the same shall be interpreted to mean, and are hereby amended to read: "Director of Community Development. " SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage . SECTION 7. 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 circu- lated in the City of Palm Springs , California. ADOPTED this 4th day of _ June 1975. AYES: Councilmen Beirich, Schlecht and Mayor Foster NOES: None ABSENT: Councilmen Field and Garcia ATT,,16T'� ` CITY IF / ,S, CALIFORNIA BY puty City Clerk Mayor ,D� REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1000 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 4th day of June, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on June 10, 1975. DONALD A. BLUBAUGH --"City Clerk -2BY: JUDITH SUMICH Deputy City Clerk 1 b 3 "1 i� 2 .11 ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 15.14.010 OF THE PALM SPRINGS MUNICIPAL CODE TO PROVIDE CONDITIONS FOR REFUND IN CERTAIN CASES OF PREPAID MAXIMUM RESIDENTIAL SEWER CONNECTION FEES OR PORTIONS THEREOF. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN, AS FOLLOWS: SECTION 1 . Subsection (b)(2) of Section 15.14.010 of the Palm Springs Municipal Code is hereby amended by addition thereto of the following sentence: At the time of eventual connection of a dwelling given initial exemption under the terms of this subsection, any portion of the maximum residential connection fee that has been paid which is found to exceed the Sewer Connection Fee schedule of charges currently applicable at the time to residences shall be refundable. 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 18th day of June 1975. AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None ;7 ., :E�FZM INGS, CALIFORNIA Lti L Deputy City 1 erk Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1001 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 18th day of June, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on July 1, 1975. DONALD A. BLUBAUGH ' "ty Clerk BY: JUDITH SUMICH Deputy City Clerk 5`b.._..._. 27y ORDINANCE NO. 1002 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9210.00 OF THE PALM SPRINGS ZONING ORDINANCE TO ALLOW RESTAURANT USE IN THE R-3 (APARTMENT AND HOTEL) ZONE UNDER CONDITIONAL USE PERMIT. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9210.01-C of the Palm Springs Zoning Ordinance is hereby amended by adding the following: 17. Restaurants, provided: a. The site has a minimum frontage of 100 ft. on a major thoroughfare with a minimum lot size of 30,000 sq. ft. of net lot area, b. The site area is a minimum of 150 ft. from any single- family residential zone, c. Parking within the required front yard setback is pro- hibited, and d. A minimum of 25 per cent of the total site area is maintained as landscaped open space. 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 circula- tion, printed, published, and circulated in the City of Palm Springs, California. ADOPTED this 20th _ day of August 1975. AYES: Councilmen Beir.ich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None ATTEST, /`^ CIT�j OF PAL SPR:INGS, CALIFORNIA ,ll Deputy City Clerk q Mayor REVIE14ED & APPROVED ._3'Amf 2T _ I HEREBY CERTIFY that the foregoing Ordinance 1002 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 20th day of August, 1975, and that same was duly published in THE DESERT` SUN, a newspaper of general circulation on August 26, 1975. DONALD A. BLUBAUGH. City Clerk BY: JUDITH SUMICH Deputy City Clerk 17 a 28�i 281 ORDINANCE NO. 1003 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS ZONING ORDINANCE WITH REGARD TO- CITY -COUNCIL- ACTION- ON- PROPOSED_ CHANGES OF ZONE, PLANNED DEVELOPMENT DISTRICTS, AND CERTAIN CONDITIONAL USE PERMITS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9402.00-B-5-d of the Palm Springs Zoning Ordinance is hereby amended to read as follows: d. Special uses listed in this Section 9402.00-A-2 shall require final action by the City Council in accordance with Section 9402.00-C, except that in any case where the Planning Commission has denied an application for such Conditional Use Permit, the City Council shall not take further action thereon unless an appeal is filed by an interested party in accordance with provisions of Section 9402.00-D or Section 9410.00. Action by the City Council after any such appeal shall not require any public hearing as specified in Section 9402.00-C or Section 9410.01 if the Planning Commission denial is affirmed, but such public hearing shall be held before the Council orders issuance of any Condi- tional Use Permit. SECTION 2. Section 9406.00-B-6 of the Palm Springs Zoning Ordinance is hereby amended to read as follows: 6. Council Action on Commission Recommendations If the Planning Commission has recommended against a proposed amendment, the City Council shall take no further action based thereon unless an appeal is filed with the City Clerk in accordance with the provisions of Section 9406.00 or Section 9410.00. When the recom- mendation is in favor of a proposed amendment, the date of the Council public hearing shall be set by the City Clerk for not more than thirty (30) days after the filing of the Commission's recommendation to the Council . The Council shall , not less than ten (10) days nor more than thirty (30) days after publication of legal notice of public hearing on a zone change, hold said public hearing. The notice of mailing and publication of public hearing shall be the same as that for the Planning Com- mission, as prescribed in Section 9406.00-B-4. SECTION 3. Section 9406.00 of the Palm Springs Zoning Ordinance is hereby amended by adding the following new subsection: C. Appeal 1. Any interested party dissatisfied. with any Planning Commission recommendation for or against an amendment Ordinance No. 1003 Page 2 to the Official Zoning Map may file an appeal with the City Clerk within fifteen (15) days after the decision of the Planning Commission. Any such appeal shall be filed in writing and shall contain the -following: (a) a statement setting forth the specific action appealed from, (b) a listing of the specific grounds of the appeal , (c) a recital of facts supporting the grounds of appeal , (d) a specification of the relief or action sought from the City Council , and (e) a declaration under penalty of perjury that the signa- tor certifies that all factual statements in the appeal are true of his own knowledge, except as to those matters which he has stated expressly are only upon his information and belief, and that as to those latter matters he believes them to be true. In the event any written appeal fails to set forth any of the information or statements required by this subsection, the City Clerk shall return the same to the appellant with a statement of the respects in which it is defi- cient, and the appellant shall thereafter be allowed five (5) days in which to perfect and refile his written 'appeal . 2: The City Council shall hear such appeal at the same time as any public hearing set pursuant to Section 9406.00-B-6,or otherwise the City Council shall hear such appeal within forty (40) days after the date of filing. - The notice of mailing and publication of public hearing shall be the same as that for the Planning Commission', as prescribed in Section 9402.00-B-4. 3. The City Council shall render a decision within fifteen (15) days after the hearing. Council decision shall be final . 4. The appellant shall be notified in writing of the Council 's decision at the address shown on the appeal . 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 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 3rd day of September 1975. AYES: Councilmen Beirich, 'Field, Garcia and Mayor Foster NOES: None ABSENT: Councilman Schlecht ATT CITY:OF /1LM PRINGS, CALIFORNIA By ) �� puty City Clerk �/ Mayor REVIEWED & APPROVED---*4 I HEREBY CERTIFY that the foregoing Ordinance 1003 was duly adopted by the City Council of the City of ,Palm Springs„ California in a meeting thereof held on the 3rd day of September, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on September 10, 1975. DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH Deputy City Clerk ORDINANCE NO. 1004 AN ORDINANCE OF THE CITY Or' PALM SPRINGS, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE COLLECTION AND HAULING OF REFUSE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6 . 04 . 010 of the Palm Springs Municipal Code is hereby amended to read as follows: 6 . 04. 010 Definitions . "Bulky items" shall include objects of furniture, household or industrial appliances , shipping crates and containers and other large bulky or heavy objects not normally discarded on -a regular basis by city residences , commercial or industrial establish- ments. "Garbage" includes all waste accumulations of animal, fruit, vegetable or other matter that attends or results from the preparation, use, cooking, processing , dealing in or storage, of food, meat, fish, fowl , fruits or vege- tables, including same or parts thereof. "Refuse" is a comprehensive term meaning any and all waste matter and material, and includes garbage and rubbish. "Rubbish" includes all waste matter other than garbage, soil, or rock material . SECTION 2 . Section 6 . 04 . 180 of the Palm Springs Municipal Code is hereby amended to read as follows : 6 . 04 . 180 Hauling of own refuse---Generally prohibited. No person shalt transport or have refuse (other than bulky items or landscape debris such as clippings , branches , leaves , and the like) in, over or upon the streets , alley- ways or other public rights--of-way of the city unless and until a license, contract or other permission to do so has been granted by the city council. SECTION 3 . Section 6. 04.200 of the Palm Springs Municipal Code is hereby amended to read as follows : 6. 04 . 200 Refuse collection service--Mandatory. (a) Every person who owns , and every person whooccupies, any developed real property within the city, whether at a resi- dential location or otherwise, shall make or cause to be made with the city' s authorized agent (when a contract for refuse collection is in force) or with the city (when no such contract exists) , appropriate arrangements for regular refuse collection services , and itshall be unlawful for any such person to fail, refuse or neglect so to do. An occupant of property shall be deemed to have complied with this subsection if the owner of the property has caused to be made such appropriate arrangements for collection of 2 c Ord. No. 1004 Page 2 refuse upon all portions of the property occupied by said occupant. An owner of property shall be deemed to have com- plied with this subsection if an occupant or occupants has or have caused to be made such appropriate arrangements for collection of all refuse upon all portions of said property. (b) It is further unlawful, and a public nuisance, for any person to occupy Or inhabit any property within the city for which appropriate arrangements have not been made and kept in full force and effect for regular refuse collection ser- vices , in compliance with subsection (a) of this section. (c) Every person having a duty, pursuant to subsection (a) of this section, to make or cause to be made arrangements for regular refuse collection services shall be liable for payment of the appropriate service fees and charges therefor to the same extent and at the same times , irrespective of whether such person has or has not made the appropriate arrangements for collection services in compliance with said subsection (a) . Whenever the fees or charges for such services have not been paid when due, all of the persons mentioned in said subsection (a) shall be jointly and severally liable for payment thereof (together with any applicable penalties and interest) irrespective of what person may have made any existing arrangements for collection services, pro- vided that an occupant of only a portion of a parcel of real property or premises shall be deemed liable only for the fees or charges, or portion thereof, attributable to collection services for refuse produced or to be produced or accumulated or to be accumulated by said occupant, and also upon all portions of the property occupied by said occupant. (d) Persons owning premises which have been unoccupied by any human habitation and upon which no refuse has been produced or accumulated (other than landscape debris such as clippings , branches , leaves, and the like, which has been promptly removed by personnel doing gardening work on the premises) , for twelve (12) consecutive months or more, shall be exempted thereafter from having to comply with subsection (a) of this section for as long as the premises remain so un- occupied without refuse being produced or accumulating as stated. Disputes as to whether particular owners are entitled to such exemption shall be resolved in accordance with the procedure prescribed in Section .6 . 04. 232 of this chapter. 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 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 15th day of October 1975 . AYES : Councilmen Beirich, Field, Garcia, and-Mayor Poster NOES: None ABSENT: Councilman Schlecht ' L�Y ALDI SPRINGS , CALIFORNIA i J5_putyT­City Clerk A Mayor REVIEWED AND APPROVED I��/ 5 I HEREBY CERTIFY that the foregoing Ordinance 1004 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of October, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on October 22, 1975. DONALD A. BLUBAUGH 6; ty Clerk BY: JUDITH SUMICH Deputy City Clerk 2�k' �8'7 ORDINANCE NO. 1005 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIAt ADDING SEC- TION 6 . 08. 105 TO THE PALM SPRINGS MUNICIPAL CODE, REGULATING THE USE AND POSSESSION OF ANIMAL MANURE WITHIN THE CITY. --------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 6 . 08 of the Palm Springs Municipal Code relating to health and sanitation nuisances , is hereby amended by adding thereto a new section to be numbered 6. 08 . 105 , and reading as follows : 6. 08. 105 Animal manure prohibited in City. It is a nuisance, and it is unlawful for any person to use, stockpile, have in possession, deliver or convey any form of animal manure at or to a point within the City. This section shall not apply to domesticated pet excrement or to stables or riding stables pro- vided that the manure from the horses is not used for cultivating or mulching purposes. 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 news- paper of general circulation, printed, published and circulated in the City of Palm Springs , California. ADOPTED this 3rd day of December 19 75 . AYES: Councilmen Beirich, Field, Schlecht and Mayor Foster NOES: None ABSENT: Councilman Garcia AT T: CITY/ ' P L SPRINGS, CALIFORNIA y eputy City Clerk Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1005 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of December, 1975, and that same was published in THE DESERT SUN, a newspaper of g.meral circulation, on December 9, 1975. DONALD A. BLUBAUGH City Clerk BY: SUDITH SUMICH Deputy City Clerk 7b 2g i�✓{�rlJ\J ORDINANCE NO. 1006 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY REZONING FROM R-TP TO R-2 CERTAIN PROPERTIES ON THE WEST SIDE OF CAMINO REAL BETWEEN LA VERNE WAY AND LA JOLLA ROAD, 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 the Palm Springs Zoning Ordinance, the official Zoning Map of the City of Palm Springs referred to therein is hereby amended as follows: Zone Change: The parcel of property legally shown on the attached Exhibit "A" is rezoned from R-TP to R-2. 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 circula- tion, printed, published, and circulated in the City of Palm Springs, California. ADOPTED this 17th day of December 1975. AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None G CITY �� P��M,ySPRINGS, CALIFORNIA eputy 1ty er pp ayor REVIEWED & APPROVED��i I HEREBY CERTIFY that the foregoing Ordinance 1006 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 17th day of December, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation, on December 23, 1975. DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH Deputy City Clerk 5 a I c 2 F � / I R-3 n z _ w� 3 II •.� .x ate. E �- J R R- 3 � R-1-C x R-3 I.L. - ---o,a \. Y R_ y R-3 I.L. R.3 R.L. R-2 Q R TP WIN PAL�� I s G-p• R 2 , I. N oQ � _ `I" �I � � R I C z u C � R I C t0 0 R-TP ou' RG Q - R 1 e ..o' LL. pJ� QCx n-I.r. �o o.'� VV R-( m R-2 R-TP N O ; s uee o: R•2nA ul u , __..___.__. • R-TP R-TP 'o.� P J 2 rt� "'11C ;' R..��:ermi LL, : 0 I. R-I-C e ` e i.' ° j R-I•A -A_------ I, R-1- C R-1-A 1 e i,... I:L. 0 �. .c O L L. ;; R.I.A I ..P d-p-A(elL L. ,----- - R-:I-A(el --- N LL _ - o R-I-A p .L. 4 J J R-Z R-I-A E u - O C I� i I U • Y. 1 � J I / 011 0 e Q J a IL. b 0 I.L, � a lO RR P.D.-2 voxw I.L. or LL. A-I-C EXHIBIT "A" C ITY OF PALM SPRINGS CASE NO- 5.939 APPROVED BY PLAN. COMM. DATE APPLICANT City o Palm Springs APPROVED BY COUNCIL DATE REMARKS ORD. NO. RESOL. NO. 291 ORDINANCE NO. 1007 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9100. 09 (DEFINITIONS) OF THE PALM SPRINGS ZONING ORDINANCE BY ADDING DEFINITIONS RELATED TO RESTAURANTS; AND AMENDING SUBSECTION C-17 OF SECTION 9210 . ol OF THE PALM SPRINGS ZONING ORDINANCE RELATING TO CIRCUMSTANCES UNDER WHICH CERTAIN TYPES OF RESTAURANTS MAY BE ALLOWED AS CONDITIONAL USES IN THE R-3 (APARTMENT AND HOTEL) ZONE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9100 . 09 ('DEFINITIONS) of the Palm Springs Zoning Ordinance is hereby amended by the addition thereto of the following subsection and definitions : 143. 5 RESTAURANT is a comprehensive term meaning an eating house providing service to the general public as said term "restaurant" is more fully defined in Section 28522 of the California Health And Safety Code. Some types of establishments included within the term "restaurant" (some of which are further defined hereinafter) are cafes , cafeterias , coffeehouses, coffee shops , dinner houses, drive-in or drive-through restaurants , fast food service establishments , fountain lunches , lunchrooms, pancake houses , sandwich shoos , tearooms , and waffle houses. a. Cafeteria means where food primarily is pre-prepared (not 'cooked to order) and served to the customer by direct visible selection, for consumption principally (but not necessarily exclusively) upon 'the premises. b. Coffee Shop means where food generally cooked to 'order is served to the customer seated at a table or counter for consumption principally (but not necessarily exclusively) upon the premises, the establishment being open for all three meals of the day, and sometimes on a 24-hour 'basis. C. Dinner House means where meals are generally cooked to order and served to the customers seated at tables or counters for consumption on the premises , and the establishment is open for service of the dinner meal only, although it may also be open for service of the midday meal. d. Drive-In or Drive-Through Restaurant means any building or structure where food and drink are served for consumption either on 292 Ord. No. 1007 Page 2 or off the premises by order from and/or service to vehicular passengers outside the structure, including service from an outdoor service window. Drive-in restaurant shall not include outdoor sit-down table dining ser- vice accessory to an outdoor restaurant opera- tion when such outdoor service is permitted. e. Fast Food Service Establishment means where food not displayed for selection as in a cafeteria, and which food may or may not be cooked to order or be pre-prepared, is served to the customer at a window or over a counter for consumption elsewhere on the premises or away from the premises as the customer prefers . SECTION 2 . Subsection C-17 of Section 9210. 01 of the Palm Springs Zoning ordinance relating to restaurants allowed as conditional uses in the R-3 (Apartment and Hotel) zone, is hereby amended to read as follows : 17. Restaurants , but not including cafeterias, drive-in or drive-through restaurants, or fast food service establishments, provided that the following minimum criteria will he met in all cases : a. The site shall have a minimum frontage of 100 ft. on a major thoroughfare with a minimum lot size of 30 , 000 ,sq. ft. of net lot area, b. The site area shall be a minimum of 150 ft. from any single-family residential zone, C. Parking within the required front yard set- back shall be prohibited, and d. A minimum of 25 percent of the total site area shall be maintained as landscaped open space. SECTION 3 . Subsection .52 of Section 9100. 09 of the Palm Springs Zoning Ordinance is hereby repealed and deleted. 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 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 17th day of December 1975. AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None i AT CI PALTI SPRINGS, CALIFORNIA Deputy City Clerk Mayor REVIEWED AND APPROVED 293 I HEREBY CERTIFY that the foregoing Ordinance 1007 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 17th day of December, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation, on December 23, 1975. DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH Deputy City Clerk 294 295 ORDINANCE NO. 1008 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A DOWNTOWN DEVELOPMENT ADVISORY COMMISSION THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . A iiew chapter, to be numbered Chapter 2.22 is hereby added to the Palm Springs Municipal Code, to read as follows: Chapter 2.22 DOWNTOWN DEVELOPMENT ADVISORY COMMISSION 2.22.010 Created. There is created a downtown development advisory commission for t e city. It shall consist of seven (7) members , serving without compensation, appointed in the manner prescribed in Section 2.04.060 of this code, one of whom shall be designated by the mayor as -its chairman. Each successive year hereafter on or about July 1 , the mayor shall appoint a chairman from the members. All appointments to the commission shall be for terms as prescribed in Section 2. 06.010 of this code. It shall be the policy of the city that in the making of appointments to the commission, attempt shall be made, insofar as the same is feasible, to select members who represent a cross section of the community at large, and whose background qualifies them to make decisions regarding the development of the downtown area. 2.22.020 Officers--Committees. The commission at its organizational meeting, an annua y t ereafter following designation of its chairman, shall elect from its membership a vice-chairman. The chairman and vice- chairman shall have and perform such duties as are commonly associated with their respective titles. The commission shall be further author- ized to appoint and fix the membership of such number of standing and temporary committees as it may find expedient for the performance of its duties. 2.22.030 Meetings--Rules of procedure. The commission shall meet at least once ea c mont at suc time an p ace as shall be fixed by the board by its standing rules. A majority of the existing appointed members of the commission shall constitute a quorum for the transaction of business. The commission may establish such rules and regulations as it deems necessary for the conduct of its business. In matters relating to the holding of regular and special meetings, the commission is bound by the provisions of the Ralph M. Brown Act of the State of California (Sections 54950, et.seq,. , California Government Code). 2.22.040 Functions, powers and duties. The commission shall serve in an advisory capacity to the city council acting as the community redevelopment agency of the City of Palm Springs, California, as follows : (1 ) To assist in the development and/or refining of standards for the downtown area which are consistent with city-wide goals and objectives aimed at maintaining a high level of environmental quality and stressing the need for economic viability. 7 a 1b 7 a . 2 9 6 Ord. No. 1008 Page 2 (2) To develop methods of encouraging property owners to redevelop or upgrade their properties in accordance with applicable city codes and policy. (3) To develop plans and programs to upgrade the visual appearance of public property and facilities. (4) To assist in improving parking and circulation (vehicular and pedestrian) in the downtown area consistent with the goals and objectives indicated in the downtown redevelopment plan. (5) To confer and consult with other city commissions in areas where possible conflict or duplication of effort might exist. SECTION 2. Notwithstanding the provisions of Section 2.06.010 set forth above, of the seven (7) members first appointed to the advisory commis- sion at the time this ordinance takes effect, three (3) shall be appointed for a term that expires on June 30, 1976, two (2) shall be appointed for a term that expires on June 30, 1977, and two (2) shall be appointed for a term that expires on June 30, 1978. Thereafter, all appointments to the commission shall be for terms as prescribed in Section 2.06.010 of the Palm Springs Municipal Code. 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 circula- tion, printed , published and circulated in the City of Palm Springs , California. ADOPTED this 17th day of December 1975. AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None qT: CIT „ �� �P M SPRINGS, CALIFORNIA B r.; puty City C er / ayor REVIEWED & APPROVED �� d(� I HEREBY CERTIFY that the foregoing Ordinance 1008 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 17th day of December, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation, on December 23, 1975. DONALD A. BLUBAUGH City Clerk r (6� BY: JUDITH SUMICH Deputy City Clerk 216:) ORDINANCE NO. 996 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY ADDING AN "N" CLASSIFICATION TO CERTAIN PROPERTIES WITHIN THE NOISE SENSITIVE AREA SURROUNDING THE PALM SPRINGS AIRPORT. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1 . Pursuant to Section 9100.03-b of the Palm Springs Zoning Ordinance, the official Zoning Map of the City of Palm Springs referred to therein is hereby amended as follows: Zone Change: The land within the noise sensitive area surrounding the Palm Springs Airport which allows residential development and as legally shown on the attached Exhibit "A" is rezoned by the addition of an "N" prefix symbol to the existing zone designation. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. 1 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 circu- lation, printed, published, and circulated in the City of Palm Springs, California. ADOPTED this 7th day of May 1975. AYES: Councilmen Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None AB -A tK: Councilman Beirich ,TTST: CITY/OF'PlLP SPRINGS, CALIFORNIA Deputy City Clerk Mayor REVIEWED & APPROVED �� I HEREBY CERTIFY that the foregoing Ordinance 996 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 7th day of May, 1975, and that same was published in THE DESERT SUN, a newspaper of general circulation on May 22, 1975. DONALD A. BLUBAUGH City Clerk ��\ BY: JUDITH SUMICH Deputy City Clerk