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HomeMy WebLinkAbout1/1/1976 - ORDINANCES 29 1 ORDINANCE NO. . 1009 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS ZONING ORDINANCE BY ADDING SECTION 9101.11 TENNIS COURTS, WHICH ESTABLISHES REQUIREMENTS FOR INSTALLATION OF TENNIS COURTS IN RESIDENTIAL ZONES, AND REPEALING SECTION 9301.00-E-8. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9301.01 is hereby added to the Palm Springs Zoning Ordinance to read as follows: SECTION 9301.01: TENNIS COURTS This section is intended to provide for the regulation of tennis courts within residential zones of the City. A. Tennis courts may be allowed by right of zone, subject to the following conditions: 1. Single-Family Zones a. No tennis courts shall be allowed within any yard or setback area. b. A six (6) foot high solid masonry wall shall be installed on the property line between the tennis court and adjacent property. c. The height of any tennis court fence shall not exceed ten (10) feet above the court surface. d. Tennis courts proposed on sloping terrain shall establish the surface level of the court at the lowest elevation of the natural terrain. e. Landscape plans shall be submitted to the Planning Commission for approval of areas between the court and adjacent properties. f. Night lighting of tennis courts may be allowed under Conditional Use Permit approval by the Planning Com- mission in accordance with Section 9402.00 of the Palm Springs Zoning Ordinance and provided the above-listed conditions "a" through "e" have been met. 2. Multiple-Family Zones a. No tennis courts shall be allowed within any yard or setback area. b. No more than thirty (30) per cent of the requirement for usable landscaped open space and outdoor living and recreation shall be devoted to tennis court development. c. Night-lighted tennis courts must maintain a minimum sixty (60) foot setback from property lines. d. Tennis courts proposed on sloping terrain shall establish the surface level of the court at the lowest elevation of the natural terrain. e. Any proposed or existing development proposing tennis courts shall require architectural approval of the total site by the Planning Commission. 2 b 1 l / ?98 - 2 b 2 Ord. No. 1009 Page 2 B. In cases where one or more of the above conditions (except A.l.f which will be applied in all cases) cannot be met, r tennis courts may be allowed under Conditional Use Permit I approved by the Planning Commission in accordance with Section 9402.00 of the Palm Springs Zoning Ordinance after the Planning Commission has afforded opportunity for testimony from surrounding property owners, and has deter- mined whether such use will be acceptable if made subject to additional conditions to mitigate problems. SECTION 2. Section 9301.00-E-8 of the Palm Springs Zoning Ordinance is hereby repealed. 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 i:, THE DESERT SUN, a daily newspaper of general circula- tion, printed, published, and circulated in the City of Palm Springs, California. ADOPTED this 7th day of January 19 76, AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None ATTEST: CIT OF A &XPINGS, CALIFORNIA I By ►' Deputy City Clerk ayor REVIEWED & APPROVED tiS pf/tJ I HEREBY CERTIFY THAT the foregoing Ordinance 1009 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 7th day of January, 1976, and that same was published in TIIE DESERT SUN, a newspaper of general circulation, on January 13, 1976. DONALD A. BLUBAUGH City Clerk 2 � � BY: J ITIT SUMICH Deputy City Clerk ORDINANCE NO. 1010 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8151.00 OF THE PALM SPRINGS SIGN ORDINANCE TO INCLUDE ALLOWANCE OF PROPERTY SALE, LEASE, OR EXCHANGE SIGN OR OPEN HOUSE SIGN BY AUTHORIZED AGENT OF PROPERTY OWNER, AND ESTABLISHING STANDARDS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8151.00 of the Palm Springs Sign Ordinance is hereby amended to read as follows: SIGNS IN SINGLE-FAMILY ZONES. A. Sale, lease, or exchan e signs. During the period of time when realty is offered for sale, lease, or exchange, one (1) sign so indicating may be located on the property by the owner or his authorized agent, subject to the following provisions: 1. The size of the sign shall not exceed two (2) square feet. 2. The sign shall be single-faced and the colors shall be an ivory background and brown lettering. 3. The overall height of the installed sign shall not exceed three (3) feet from the ground, and the sign face shall be parallel with the street. 4, The information displayed on the sign shall be limited to showing the following: a. That the property is for sale, lease, or exchange by the owner or his agent; b. The owner's or agent's name; and c. The owner's or agent's address and telephone number. B. Open House Signs. In lieu of, but not in addition to, the above real estate exchange sign, one (1) "open house" sign may be permitted only during the time when an owner or owner's agent is on the premises, subject to the following provisions: 1. The size of the sign shall not exceed two (2) square feet. 2. The sign shall be single-faced and the colors shall be an ivory background and brown lettering. 3. The overall height of the installed sign shall not exceed three (3) feet from the ground, and the sign face shall be parallel with the street. 4. The information displayed on the sign shall be limited to the words, "Open House. " 6 a 6 a 1 Ord. No. 1010 Page 2 C. The location and design of any such sign shall be subject to the approval of the Director of Community Development or his authorized representative. D. No other signs shall be erected or maintained in any single-family zone, as established by the Palm Springs "Zoning Ordinance, except for those signs specifically authorized by the Planning Commission or its authorized representative. Any such signs so authorized shall be necessary to preserve a legal right or serve an economic need and shall not be deemed likely to cause undue detri- ment to surrounding uses or the economic values of sur- rounding properties. Signs so authorized shall be located and erected in a manner satisfactory to the Director of Community Development or his authorized representative. E. With regard to signs allowed per A and B above, no permit for the same shall be required (notwithstanding the provi- sions of Section 8130.02 of this sign ordinance) , nor shall Section 8160.02 be deemed applicable to such signs, provided that the Director of Community Development shall continue to have the authority and duty to immediately remove any sign maintained or placed in violation of the restrictions pre- scribed in this Section 8151.00. 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 21st day of January 1976. AYES: Councilman Beirich, Field and Mayor pro tem Garcia NOES: None ABSENT: Mayor Foster and Councilman Schlecht ATT ST: CITY OF ALM SP IN S, CA IFORNIA li K- V Deputy City Clerk Mayor pr te5 m REVIEWED & APPROVED_��� I HEREBY CERTIFY that the foregoing Ordinance 1010 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 21st day of January, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on January 26, 1976. DONALD A. BLUBAUGH \ City Clerk BY: JUDITH SUMICH �J Deputy City Clerk 30 ORDINANCE NO. 1011 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 11. 44. 100 OF THE PALM SPRINGS MUNICIPAL CODE, TO PRO- I-IIBIT DOGS IN PARKS AND RECREATION AREAS WITH CERTAIN EXCEPTIONS. -------------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 11. 44. 100 of the Palm Springs Municipal Code is hereby amended to read as follows : 11. 44 . 100 Dogs in parks and recreation areas . No person owning, or having the control or care of , any dog shall bring such dog (except a seeing eye dog leading a blind person) into or upon a public park or recreation area; nor shall any such person other- wise suffer or permit such dog to enter or remain in a public park or recreation area. This section shall not, however, apply to any person participating in a dog training class or dog show or other activity necessarily involving the attendance of the dog or dogs, being conducted under the sponsorship of , or pursuant to express permission of the city department I SE of community services. CTION 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 21st day of January , 1976. AYES: Councilmen Beirich, Field and Mayor pro tem Garcia NOES: None ABSENT: Mayor Foster and Councilman Schlecht r ATT CITY 2PAL Sp-PIN CALIFORNIA By Deputy City Clerk M, or pro tem REVIEWED & APPROVED �� I HEREBY CERTIFY that the foregoing Ordinance 1011 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 21st day of January, 1976, and that, same was published in THE DESERT SUN, a newspaper of general circulation, on January 26, 1976. DONA.LD A. BLUBAUGH City Clerk (�_ �,�` \ �J BY: JUDITH SUMICH Deputy City Clerk 7 i i ORDINANCE NO. 1012 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING COMPREHENSIVE REGULA- TIONS CONCERNING THE MUNICIPAL BUS SYSTEM. I ----- -------- -- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. A new chapter, to be numbered Chapter 11. 30 , is hereby added to the Palm Springs Municipal Code, to read as follows : Chapter 11. 30 MUNICIPAL BUS SYSTEM 11. 30. 011 Application of chapter. (a) The pro- visions of this chapter shall apply to and be in full force and effect on all buses and at all bus stops which are now or which may hereafter be under the juris- diction and control of the City of Palm Springs. (b) The provisions of this chapter shall not apply to any public officer, employee, or peace officer who is acting in the course of or within the scope of the public business , nor to any other person conducting public business or related activities for, on behalf of, I and pursuant to lawful authority of , an appropriate public entity. 11.30. 020 Enforcement powers of peace officers and city personnel. a Power and authority is hereby given to the city manager, the director of transportation and operations, his designees , and to all bus drivers at their discretion, to eject and expel from such bus or bus stop, any person who shall violate any of the pro- visions of this chapter or any other law, ordinance, or rule that may be in effect now or may hereafter be passed or adopted for the regulation and government of such bus, buses, or bus stop. In addition to his ordinary powers of arrest or citation, any peace officer enforcing any such law or regulation shall be authorized, in lieu of arresting or citing any violator, in his discretion to so eject and expel such violator. (b) No person being ejected or expelled pursuant to the authority of subsection (a) shall refuse to leave as ordered, nor shall any person who has been so ejected or expelled, use that bus, during the calendar day in which he was ejected, unless specifically permitted to do so by the person who ejected him or by the city manager or the director of transportation and operations. No person so ejected or expelled shall be entitled to a I refund of any fare theretofore paid by such person. (c) Power and authority is hereby given to the city manager, the director of transportation and opera- tions , his designees, and to all bus drivers at their discretion, to refuse boarding to any person in an in- toxicated condition or under the influence of narcotics or acting in a boisterous or disorderly mariner, or who by boarding any bus would cause the total number of passengers to exceed the posted capacity of said bus. 8 b l 30") 8 b 2 Ord. No. 1012 Page 2 11. 30. 030 Public may be excluded. (a) In an emer- gency or when the city manager, chief of police, or the director of transportation and operations (or an appropri- ately designated representative of any such official) shall determine that the public safety, or public health, or public morals, or public interest demands such action, any bus or bus stop may be closed against the public and all persons may be excluded therefrom until such emergency or other reason upon which such determination of the city manager, chief of police, or the director of transportation and operations is based has ceased, and upon the cessation thereof the bus or bus stop or part:;or portion thereof so closed shall again be reopened to the public by order of proper authority. (b) No person having knowledge of or having been ad- vised of any closure order issued pursuant to (a) above, shall refuse or fail immediately to remove himself from the area or place so closed, and no such person shall enter or remain within any such area or place known by him to be so closed, until such area or place has been reopened to the public by order of proper authority. 11. 30. 040 Rules and regulations; promulgation by city manager. (a) The city manager shall have power and authority to promulgate rules and regulations governing the use and en- joyment by the public and by individual members of the public , I of any bus, bus stop, or any portion thereof. A copy of such rules and regulations, or a synopsis thereof shall be posted in some conspicuous place, on the bus, or near the premises where such rules and regulations are to be effective, or in lieu thereof, signs or notices may be posted at or near said pre- mises in order to give public notice of said rules and regula- tions. (b) No person having knowledge or having been advised of any such rule or regulation promulgated pursuant to (a) above, shall disobey, violate, or fail to comply with, any such rule or regulation. (c) No person shall disobey, violate, or fail to comply with, any instruction, sign, or notice posted in any bus or bus stop for the control, management, or direction of such premises, when said instruction, sign or notice has been posted in implemen- tation of any rule or regulation promulgated pursuant to (a) above. 11. 30. 050 Prohibited conduct generally. Within any bus or bus stop area in the City of Palm Springs , no person shall: (1) Use tobacco in any form on the bus at any time. (2) Carry aboard and consume on the bus any food or drink. (3) Leave his or her seat while the bus is in motion. (4) Place any part of his or her body outside of the bus I while a passenger thereon. (5) Throw any object within, into, or out of the bus. (6) Bring aboard the bus any pet or animal, with the exception of a seeing eye dog leading a blind person. (7) Bring aboard the bus any weapon, including but not limited to any gun, or any knife, pipe, or chain used as such. (8) Engage in any abusive, threatening, dangerous , or unduly offensive conduct. 30 11 Ord. No. 1012 Page 3 (9) Board or be in the bus in an intoxicated condi- tion or under the influence of narcotics or conduct him- self or herself in a boisterous or disorderly manner which causes discomfort to any other passenger, (10) Board any bus thereby causing the total number of passengers to exceed posted capacity, after such per- son has been denied the right to board by the driver. (11) Cut, break, injure, or deface in any manner the bus or any bench or shelter or other property. 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 4th day of February—, 1976. AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None ATT -S.L CITY/OF Pj S . RTNGS, CALIFORNIA B Dep ty City Clerlc Tayor REVIEWED & APPROVED _ I HEREBY CERTIFY that the foregoing Ordinance 1012 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 4th day of February, 1976, and that same was pub- lished in THE DESERT SUN, a newspaper of general circulation, on February 10, 1976. DOMED A. BLUBAUGH City Clerk Y: JUDITH SUMICH Deputy City Clerk I 8 b 3 i ORDINANCE NO. 1013 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRESCRIBING REGULATIONS OVER THE BUSINESS OF PARKING OF PATRON AND GUEST VEHICLES. --------------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1. Chapter 5. 38 is hereby added to the Palm Springs Municipal Code, to read as follows: Chapter 5. 38 PARKING ATTENDANTS 5. 38. 010 Definitions. For purposes of this chap- ter , certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended. "Operator" means any person, firm or corporation engaging in the activity of parking of vehicles for patrons or guests of a business whether such operator is employed by, or is under contract to, the business for which the vehicles are being parked. I "Public right of way" means any area dedicated to public use for public street, pedestrian way or other public purposes , or which shall include but not be limited to, roadways , parkways , alleys, sidewalks and pedestrian ways. 5.38. 020 Permit required. No person shall, as an "operator" as that term is defined in Section 5. 38. 010 , conduct any activity involving the movement of a vehicle by the operator on or over any public right of way or publicly owned property, unless there has first been obtained from the city manager a permit as provided in this chapter, which permit is in full force and effect. 5. 38. 030 Operations on publicrights of way or property. No operator, unless possessing a permit ex- pressly allowing the same to be done, shall commit or do any of the following acts : (1) Receive or take possession of (for purposes of parking or temporary storage until return of same to the patron or guest) or move, a patron' s or guest' s vehicle, upon any portion of a public right of way or other public property; (2) Park and leave standing any patron' s or guest' s vehicle upon any portion of a public right of way or other public property (including any publicly owned off-street parking space) . 5. 38. 040 Unauthorized parking on private property. No operator shall park any patron' s or guest' s vehicle upon private property without express authorization by the owner or other person in charge of such private property. 5 b 1 3o r 5 b 2 Ord. No. 1013 Page 2 5 38. 050 Application for permit. An application for a permit pursuant to 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 or- der to evaluate and act upon the permit application. Each application shall include, in general, at least the follow- ing basic information in writing: An outline of the method of operating the vehicle parking service including, but not limited to, the hours of operation, the number of employees, the location (s) from which vehicles will be picked up, and to which they will be delivered to the patrons or guests, the location (s) where vehicles will be stored or placed, and the location (s) of any proposed signs and any pro- posed attendant stands. 5. 38. 060 Fees. Each applicant for a permit under this chapter, and each person filing any appeal pursuant to pro- visions 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. 38. 070 Permits--issuance--denial. Permits as applied for shall be issued by the city manager or his designee pro- vided it appears that all requirements of this chapter and of other applicable ordinances and laws have been, and will appropriately be, met fully by the applicant, and that such permit can be issued subject to prescribed conditions ade- quate to assure that there will be no undue interference I with normal traffic flow on public rights of way, and other- wise to protect the public safety and other persons' property rights and their rights to coequal use and enjoyment of public property. Any permit application may be denied if the city manager concludes it cannot be issued subject to such safe- guards. 5. 38. 080 Permits--issuance with conditions. The issuance of any permit pursuant to this chapter shall, if appropriate, have conditions attached thereto adequate to meet the public purposes referred to in Section 5. 38. 070 , and the city manager or his designee shall have discretionary authority to prescribe any such necessary or appropriate conditions. All permits shall contain a condition that permittee carry insurance against liability for injuries to persons or property in amounts of at least $500 , 000 per person and $1 ,000, 000 per incident with $25, 000 property damage coverage. 5. 38. 090 Revocation or modification of permits. (a) Any permit granted pursuant to the provisions of t— h— i chapter may, after the permittee has been afforded the opportunity of a due process hearing as hereafter stated, be revoked or modified by the city manager for any of the following grounds or reasons: (1) Any acts done under the permit have interfered or tended to interfere with the normal flow of vehicular or pedes- trian traffic on any public right of way. (2) Permittee has failed to comply or to cause all employees to comply with Chapter 5. 16 of this code relating to employee registration. (3) Permittee or permittee' s employees have failed to comply with provisions of the city' s sign ordinance, or with conditions attached to the permit relating to sign control. �OF3 Ord. Nc 1013 Page 3 (4) Permittee has failed to maintain a current business license as required in Title 3 of this code. (5) There was given any false or fictitious information in connection with the application for and obtaining of the permit. (6) There has been a violation of or a failure to comply with any condition attached to the permit or any provision or regulation of this chapter or of any other applicable rules or regulations. (7) The character or moral integrity of the permittee or permittee' s employees is determined inimical to the public safety or general welfare of the community. (8) Any other reason exists for which the per- mit might have been lawfully denied in the first instance, or that for any reason the continued operations under the permit will be inimical to the public safety or general welfare of the community. (b) Such a revocation or modification of a permit shall be made only after opportunity has been granted to the permittee for a due process hearing before the city manager or his designated agent, after ten days notice to said permittee, setting forth the nature and grounds of complaint against him and stating the time and place such hearing will be held. (c) Upon failure of the permittee to respond to the opportunity for hearing after receiving notice of I such hearing, the permit may be revoked, or may be modified in such particulars as are deemed necessary in the public interest, . and any such revocation or modification shall be effective upon notice or knowledge thereof being received by the permittee, orally or in writing. Any such order of revocation or modification shall also be effective as to any employee or agent of the permittee, which employee or agent has been notified orally or in writing of the substance of the order. (d) Any such revocation or modification of any permit may be in addition to any penalties otherwise provided for by law. 5. 38. 100 Appeals. Any person aggrieved by, dissatis- fied with, or excepting to any action, denial, order, re- quirement, 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 con- sideration may affirm, reverse or modify the action ap- pealed from and may take any action which might have been legally taken in the first instance by the city manager or his designee. 5 b 3 309 5 b 4 Ord. No. 1013 Page 4 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 cir- culated in the City of Palm Springs, California. ADOPTED this 18th day of February , 19 76 - AYES: Councilmen Beirich, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: Councilman Field A CI� PA SPRINGS, CALIFORNIA Q / Mayor REVIEWED AND APPROVED /C� I HEREBY CERTIFY that the foregoing Ordinance 1013 was duly adopted by the I City Council of the City of Palm Springs, California, in a meeting thereof held on the 18th day of February, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on February 25, 1976. DONALD A. BLUBAUGH ty Clerk BY: JUDITH SUMICH Deputy City Clerk ORDINANCE NO. 1014 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9402.00 (CONDITIONAL USE PERMIT) OF THE PALM SPRINGS ZONING ORDINANCE TO ALLOW AMBULANCE SERVICE FACILITIES WITHIN ANY ZONE, WITH THE EXCEPTION OF R-1. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9402.00-A-2 of the Palm Springs Zoning Ordinance is hereby amended by the addition of the following: 1 . Ambulance service and accessory uses customarily incident to the permitted use, subject to the following conditions: (1) That the use not be located in any R-1 zone. (2) That the site be located on a major thoroughfare as indicated on the Palm Springs General Plan. 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 3rd day of March 1976. AYES: Councilmen Beirich, Field, Garcia and Mayor Foster NOES: None ABSENT: Councilman Schlecht ATTEST.—', C TY M RINGS, CALIFORNIA By Deputy City C erk Mayor REVIEWED & APPROVE' d�/P I HEREBY CERTIFY that the foregoing Ordinance 1014 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of March, 1976, and that same was published :- in THE DESERT SUN, a newspaper of general circulation, on March 11, 1976. DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH Deputy City Clerk 7b �,''k..� l i I ORDINANCE NO. 1015 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS OFFICIAL ZONING MAP BY CHANGING THE ZONES FROM C-1, C-2, and R-3 to C-B-D FOR CERTAIN PROPERTIES WITHIN THE DOWNTOWN REDEVELOP- MENT PROJECT. 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 area legally shown on the attached Exhibit "A" is rezoned from C-1, C-2, and R-3 to C-B-D. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be I published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 3rd day of March , 19 76. AYES: Councilmen Beirich, Field, Garcia and Mayor Poster NOES: None ABSENT: Councilman Schlecht ATTEST-r- CI Y 0 PAZ.SPLINGS, CALIFORNIA �BY. ��,v y �- �;% Deputy City Clerk Mayor REVIEWED & APPROVED _��/� I HEREBY CERTIFY that the foregoing Ordinance 1015 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of March, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on March 11, 1976. DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH �—/Deputy City Clerk 5 a R I A J W l»1_J IJ m u l a 2 -I ,4 J� ft-2 In �M Mf„I xnx-v.w _—------- ilr n,n M R-I-R R'I-B�° m 1� J � R ARplA1RzI -�cU � �� RI � �- � T ^ _� _--LLB_ :: cR_I_AJ R'I ' n�l,„n �U R R I A R.1-A mall _A o C-I C iAA R-G-A(8) LL. I.L. 1 lll/// \ C- I•I C-I-A :nr �tlillll/ P 4 en, 1 d P < 0 < � I.L _ 1 L. w R-G-AIGI R-G-A(B) p`o 0-20 _ oz P no _ A Aoa RoA Q P I.L. ER J m - R-4-VPw C_z R-4 LL. a no.o nNOR As`o ROA R-4-VP R-4-VP R-4 R-I - A NJaJ I.L. I.L. I. C-I-A.A C-I-A A C-I-A- \o...,.. wTARacrrz ___ °C-I-A.AN C-I.A.A �C-I A..a� LL. LL. LL. a R 3 J — - - �- U i R-4-VP R-4-VP LL R-4N R-2 I.L. SERA _ r- N R 3 •, a ? R-4 V N _ N NNw I.L. aR-4-VP I . V11� fl-4-VP R-4 v I.L, rc R-I-A' R �ERoGp Alb- 1"�i° - IR L LI z C a o - rc Q \ e x.c ¢ A �J a_ R-4-VP VI>r- U R-4.VP R-2 Aw+oN— ry '0 P r L x ioN o-11-Al 5�- W< J ^,W" L,L. u R- yN W-C-2 o-z C M m _ : _ctz ^now C M .o C ITY OF PALM SPRINGS CASE N0. 5.912 (Central Business District APPROVED BY PLAN. COMM. DATE APPLICANT City of Palm Springs zone) APPROVED BY COUNCIL DATE REMARKS ORW NO. RESOL. NO. 316 ORDINANCE NO. 1016 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS ZONING ORDINANCE BY ADDING A NEW CENTRAL BUSYNESS DISTRICT (C-B-D) ZONE I CLASSIFICATION. - - - - - THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. New Sections 9229.00-9229.04 inclusive are hereby added. to the Palm Springs Zoning Ordinance to read as follows: SECTION 9229.00: C-B-D CENTRAL BUSINESS DISTRICT ZONE The C-B-D Zone is intended for the Central Business District, primarily retail business in character, with related hotels, apartments, service, office, cultural, and institutional uses. The Central Business District is intended to be a compact, lively, active, intensively used area catering to the pedestrian. Planted walkways, covered walks, and open plazas that provide sitting, dining, conversing, gathering, and window shopping are permitted and encouraged. SECTION 9229.01: USES PERMITTED A. USES PERMITTED I 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 standards prescribed in Section 9229.03. Antique shops Apparel stores Art galleries Artist studios Art schools Automobile showrooms (indoor only) Bakeries Banks Barber shops Baths, Turkish Beauty parlors, and supplies Blueprinting Book and stationery stores Business schools Cocktail lounges and night clubs, with or without dancing and entertainment Confectionery stores Convention centers Dance studios Delicatessen and food stores Department stores Dressmaking shops Drug stores Film and camera sales and exchange Financial institutions Florist shops Furniture sales Gift stores Hardware and appliance stores Hobby shops 1 d 1 315 1 d 2 Ord. No. 1016 Page 2 Hotel and apartment houses, including the following uses: I 1. Multiple dwelling, apartment, and hotel facilities, including apartment houses, apartment hotels, hotels, private clubs, condo- miniums; 2. Resort hotels, including incidental or accessory commercial uses operated primarily for the convenience of the hotel guests; and 3. Accessory structures and uses customarily incident to the above uses and located on the same lot therewith. Ice cream parlors Interior furnishing/decorator shops Jewelry ,stores Laundry and cleaning pick-up Leather goods, luggage stores Libraries Liquor stores Movie theaters Museums Newsstands 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. Outdoor dining I Pet sales Pet grooming Photographic studios Private clubs Public parks Radio, television, and music shops and service Restaurants, tea rooms, or cafes Savings and loan associations Security exchanges Shoe stores Slenderizing salons, health clubs Soda fountains Specialty food stores Stamp and coin stores Tailor shops Theaters, legitimate stage Toy stores Travel agencies Accessory uses customarily incident to the permitted uses and located on the same lot therewith are permitted. The sale of used merchandise will be permitted as secondary use if such merchandise is similar to the primary line or lines of new merchandise marketed by the enterprise. Ord. No. 1016 Page 3 B. USES PERMITTED BY CONDITIONAL USE PERMIT Automotive rental agencies as part of a resort hotel. In addition to provisions of Section 9216.01-A related to automobile rental agencies, the following standards shall apply: 1. Standards prescribed in Section 9210.01-A-2, Accessory Commercial Uses for Resort Hotels shall be complied with. 2. Number of vehicles stored at the location shall be limited to the number necessary to serve the hotel only. 3. No service or repair facilities for the vehicles shall be permitted at the hotel site. 4. Said use shall be permitted only if the hotel contains an adequate number of parking spaces in accordance with the provisions of the Zoning Ordinance. Automobile parking lots and structures Automobile service stations designed and constructed as an integral part of an automobile parking structure Beer gardens Bicycle rental agencies Billiard parlors Bowling alleys Churches Ice skating rinks Lodges, meeting halls Miniature golf courses Movie, television, and radio studios Tennis courts - SECTION 9229.02: USES PROHIBITED All uses and structures not permitted in Section 9229.01 are here deemed to be specifically prohibited. The following classification of uses shall not be permitted in this zone by Planning Commission determination: Auction galleries Automobile sales and major repairs Automobile service stations other than those permitted in Section 9229.01 Cleaning establishments with cleaning plants on the premises Dog kennels and catteries Drive-in and drive-through restaurants Drive-in retail Industrial uses and manufacturing Motor scooter, motorbike and motorcycle rentals and sales, both as a primary and accessory use Pinball machines, shooting galleries and electronic games as primary uses Second-hand stores and used goods as primary uses Self-service laundries Single-family residences Supermarkets Wholesaling and warehousing 1 d 3 3 17 1 d 4 Ord. No. 1016 Page 4 SECTION 9229.03: PROPERTY DEVELOPMENT STANDARDS The following property development standards shall apply to all land and buildings in the C-B-D Zone, except that any lot shown on an official subdivision map duly approved and recorded at the time of enactment of this section may be used as a building site. A. LOT AREA Each lot shall have a minimum area of nine thousand six hundred (9,600) square feet. B. LOT DIMENSIONS 1. Each lot shall have a minimum width of seventy-five (75) feet. 2. Each lot shall have a minimum depth of one hundred twenty-eight (128) feet. 3. Each building site shall have a minimum frontage of seventy-five (75) feet on an approved public right-of-way. C. BUILDING SETBACKS AND YARDS 1. General Provisions I For General Provisions, see Section 9301.00 A, B, C, E (1-7) and Section 9301.06. 2. Building Setbacks: a. Where a new building in the C-B-D Zone fronts, sides or rears on any street designated as a major or secondary thoroughfare, the building line shall be a minimum of 50'0" from the center- line of the street. b. Where a new building in the C-B-D Zone fronts, sides or rears on any collector street, the building line shall be a minimum of 40'0" from the centerline of the street. 3. Yards: a. Where a new building in the C-B-D Zone fronts, sides or rears on any street which is a major, secondary, or collector street, there shall be a yard abutting said street for the full width of the property. Such yard shall have a depth equal to the distance between the property line and the building line. On Palm Canyon Drive this yard shall be 10'0". On other streets it shall vary in depth in accordance with the distance between the building line and established rights-of-way; however, in no event shall the yard be less than five (5) feet in depth. b. Adjoining and in addition to the setback requirements in C.3.a above, lots with frontage of 75'0" or more will be required to provide an open space area equivalent to at least ten (10) per cent of the width of the lot times fifty (50) per cent of the depth of the lot. The area shall be permanently maintained as visual open space from the Ord. No. 1016 Page 5 public rights-of-way and not less than thirty (30) I per cent of the subject area must maintain visual penetration to the sky. C. All yards shall be completely landscaped or shall be paved and maintained for pedestrian use, or may be used for outdoor activities associated with the permitted use, including outdoor dining, floral displays and similar uses. The setback requirement may allow encroachment into the yard of not more than five (5) feet, providing at least an equal amount of the building be set back the same proportionate area as that area of encroachment, so as to maintain an average minimum"setback of yard required. d. Where a lot in the C-B-D Zone is used for parking, no less than the five (5) feet nearest the street shall be landscaped and maintained, provided a wall not less than three and one-half (3;1) feet in height shall be installed between the landscaped portion and the park- ing area. Walls adjacent to driveways shall not exceed two and one-half (2�2) feet for a distance of five (5) feet from the roadway. I EXCEPTION: Landscaped mounds may be substituted for the wall, providing the mound serves the same purpose. D. OPEN SPACE 1. For the purpose of this subsection "open space" is defined as any area not specifically designated as enclosed rentable area but which is designed for public use or enjoyment, including malls, courts, patios, pools, walkways, planted ground space, whether covered or uncovered, into which the observer is able to freely view. EXCLUSIONS: Corridors, hallways, lobbies, etc. 2. Open space requirements shall vary in direct proportion to the size of the property as set forth in Table 9229-D below: TABLE 9229-D C-B-D OPEN SPACE REQUIREMENTS Lot Size Percent Open Space 0 - 3,000 sq. ft. % 3,000 - 10,000 sq. ft. Add 2% for each add'1 1,000 sq. ft. 10,000 sq. ft. 18% 10,000 - 100,000 sq. ft. Add 1% for each add'1 3,000 sq. ft. 100,000 sq. ft. and over 48% 3. In the event surface parking is provided on site by the developer, up to fifty (50) per cent of the parking area may be credited to the open space requirements. However, in no event may the open space under this provision be reduced to less than ten (10) per cent of the developable site, exclud- ing the parking area. If parking is provided off-site or underground, the open space requirements shall be reduced by twenty-five (25) per cent. 1 d 5 31_9 1 d 6 Ord. No. 1016 Page 6 4. All landscaped portions of required open spaces in the C-B-D I Zone shall be equipped with an automatic irrigation system and shall be fully maintained regardless of whether the building is fully occupied. E. BUILDING BULK 1. For the purpose of this subsection, "building bulk" is defined as the total gross floor area contained within the walls of all buildings on the property, excluding enclosed public malls, mechanical space in penthouses, and space below ground level in basements. 2. All buildings within the C-B-D Zone shall be allowed a base building bulk equal to the area contained within the property lines, a ratio of one (1), square foot of floor area to one (1) square foot of lot area, plus certain additional upper level space to compensate for the loss of ground level space required to be set aside and preserved as open space for public use or enjoyment. 3. All buildings shall have a maximum bulk ratio as indicated in Table 9229-E below: TABLE 9229-E C-B-D OPEN SPACE/LAND/FLOOR RATIO I % Open Space Land Area Floor Area 5% 1 1.10 10% 1 1.20 15% 1 1.30 20% 1 1.40 25% 1 1.50 30% 1 1.60 35% 1 1.70 40% 1 1.80 45% 1 1.90 48% 1 2.00 F. BUILDING HEIGHT 1. For the purpose of this subsection "building height" shall be the distance between ground level and the roof level of any building in the C-B-D Zone, disregarding minor variations due to parapets required by Building Code regulations. Where ground levels vary within the length of any property,' the average of the slope shall be the point of reference at ground level. 2. Buildings and structures erected in this zone shall have a height not greater than thirty (30) feet, except as provided below. Highrise buildings will be subject to provisions of Section 9304.00. For permitted projections above building height limit, the provisions of Section 9303.00 shall apply. u D"3 Ord. No. 1016 Page 7 SECTION 9229.04 A. PARKING POLICY OBJECTIVE: To provide a uniform and a fair parking policy attributable to all existing and proposed development within the Palm Springs Central Business District Redevelopment Project and to encourage the development of centralized parking to serve the needs of the public, as opposed to the scattered development of parking immediately adjacent to a particular enterprise. The following standards shall be used: Category 1: Existing structures to remain or be remodeled without a change of use requiring additional parking, in accordance with the Zoning Ordinance. Policy: No additional parking or in-lieu payment will be required for this category. Category 2: Existing structures contemplated for remodeling which include I an expansion of the structure or a change in use which may require additional parking spaces in conformance with the Zoning Ordinance. Policy: A payment into the off-street parking fund in the amount provided by City Council resolution. Category 3: New structures on vacant land and those which replace exist- ing structures. Policy: A payment into the off-street parking fund in the amount provided by City Council resolution. The developer has the option in this instance of providing parking on-site if so desired. In all cases where in-lieu payments have been made by the devel- oper the (City) Redevelopment Agency may elect to construct parking either on, over, or under the development site or in centralized areas within close proximity to the site, said site selection for parking to be determined by the City Council. B. PARKING REQUIREMENTS 1. Parking requirements shall apply to all new development and to all existing structures when a change of use or expansion of use is initiated requiring an increase in parking. 2. Number of spaces required for each type of building use shah conform with Section 9306-E insofar as they apply to the C-B-D project area. 1 d 7 321 1 d 8 Ord. No. 1016 Page 8 3. Parking lot design standards shall conformto Sections 9306-A, B; and C, except where parking is provided in parking struc- tures above or below grade,, C. DUAL USE :OF PARKING SPACE In the case of uses which operate at hours not normal to the adjacent uses, parking credit may be given for the use of those adjacent parking"spaces under the following conditions: 1. The credited spaces may not exceed the distance authorized - by Section 9306.00 (300 feet) from the .subject use. 2. The spaces must be attributed to the user by a covenant running with the land, from the owner, designating the spaces and their hours of use to, the ,subject use; or, 3. A 'lease agreement from the owner to the subject user speci- fying the spaces and their hours -of use to the subject user secured by a surety bond equal to the number of spaces times the current parking in-lieu payment established at the time of the agreement, or forfeitable to the City if the lease is broken. D. VEHICULAR ACCESS TO. PROPERTY AND SERVICE AREAS The provisions of Section 9305.00 shall apply. E. OFF-STREET LOADING AND TRASH AREAS The provisions of Section 9307.00 shall, apply, except for Paragraph B, which shall modified as follows: Total. Sq., Ft. of Building Space. Loading Spaces Required (Gross Floor Area) ., 1. Commercial Buildings 1 2. Hotels . (40-or.more rooms) 3. Restaurants (40 or more seats) 1 4.J0ther_,Uses _ Districts of more than one lot and/or owner may be formed in the C-B-D i'Zone-11:tot'allow:.dommon;usage of loading areas.,," provided that the total floor area of.buildings within the district; does not exceed the speci- �ied f' requremen£s and that the ddIy foriiied, distYict"shall include "'onlytbbildings which;. are determined;,by',,the Director of Community DevelopmentCto be readily accessible to, the, common ,loading space or �. spacesir- _ F. SIGNS - " - Theproviaione`of the" Palm Springs Sign Ordinance shall apply. G. 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: Ord. No. 1016 Page 9 1. Florist displays 2. Outdoor dining 3. Paintings for sale in conjunction with a business licensed to sell paintings (subject to site plan approval by the Director of Community Development) . 4. Approved exterior display cases in malls or courts. H. ANTENNAS The provisions of the Palm Springs Antenna Ordinance shall apply. 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 3rrl day of March , 1976. AYES: Councilmen Beirich, Field, Garcia and Mayor Foster I NOES: None ABSENT: Councilman Schlecht ATTE CI�Y P L S RINGS, CALIFORNIA ay Deputy City Clerk Mayor REVIEWED & APPROVED- I HEREBY CERTIFY that the foregoing Ordinance 1016 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of March, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on March 11, 1976. DONALD A. BLUBAUGH 9BYCity Clerk : SUDITH SUMICH Deputy City Clerk 1 d 9 :fir=i I jj r'y ORDINANCE NO. 1017 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 6.06 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO INSPECTION AND GRADING OF RESTAURANTS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. A new chapter to be numbered 6.06 is hereby added to the Palm Springs Municipal Code, to be administered in im- plementation of the provisions of the California Restaurant Act, and reading as follows: Chapter 6.06 RESTAURANT INSPECTION AND GRADING 6.06.010 Definitions. For purposes of this chapter, certain words and phrases shall be construed as set forth in this section unless it is apparent from the context that a different meaning is intended. "Restaurant" means an eating establishment as said term "restaurant!' is defined in Section 28522 of the California Health and Safety Code. I "Food or beverage" and "utensil" mean as those terms are defined in the California Restaurant Act. "Health officer" means the health officer of the City of Palm Springs or such other person or persons as are duly authorized by law to perform the duties of the office of Health Officer for the City of Palm Springs. 6.06.020 Inspection and grading of restaurants. The health officer shall inspect and grade each restau- rant in the City from time to time as he shall deem proper, and shall inspect and grade any restaurant within five days after written demand therefor by the owner, operator or person in charge of any restaurant which received a grade of less than ninety percent on the last inspection. The record of each inspection and the computation and determination of each grading of each restaurant shall be signed by the health officer or his deputy or authorized inspector. A signed copy of such record shall be delivered personally to the owner, operator or person in charge of the restau- rant inspected. Such records shall be kept and pre- served in the office of the health officer for not less than the minimum period prescribed by Government Code Sections 34090 et seq. 6.06.030 Use of score sheets in inspection. In inspecting and grading all restaurants in the city, the health officer shall grade and inspect according to the 3 c 1 T3 5 3 c 2 Ord. No. 1017 Page 2 sanitary conditions of each of said restaurants. To ac- complish uniform inspection and grading, the health officer shall make all inspections and compute and determine all grades by the use of and in strict conformity with the form of score sheet then currently used by the health officer per- forming inspection duties for the city, in such officer's evaluation and scoring of all restaurants within his current jurisdiction. Said form shall be provided by the health officer and may be changed from time to time with a view to keeping it in conformance with state regulations on the sub- ject. 6.0,6.040 Preparation and posting of grade cards. The grade of each restaurant shall be computed and determined, according to its sanitary condition, by adding together the score attained for "equipment and methods" on the score card and then dividing the sum by two. The grade of each restaurant shall be evidenced by the posting of a card bearing the letter, "A", "B", or "C". The letter "A" shall indicate a grade of 90 percent, or higher. The letter "B" shall indicate a grade of less than 90 percent but not less than 80 percent. The letter "C" shall indicate a grade of less than 80 percent. The grade card shall be prepared and provided by the health officer, and shall be of dimensions of not more than 9" x 11", and the grade letters shall be not more than 5" in height. Grade "A" cards shall be printed in blue, grade "B" cards in green, grade "C" cards in red, all on white stock. One grade card shall be posted in a place selected by I the health officer at or near each entrance to the restaurant, which entrance is for the use of patrons, so as to be conspic- uous to patrons who have entered but is not unduly conspicuous from the exterior of the premises. No person, except the health officer, shall remove any such grade card. The form of such grade cards shall be substantially in words and figures, as follows: THIS ESTABLISHMENT HAS COMPLIED WITH SANITARY REQUIREMENTS FOR GRADE A DEPARTMENT OF PUBLIC HEALTH COUNTY OF RIVERSIDE DIRECTOR OF PUBLIC HEALTH PENALTY FOR REMOVAL or THIS ESTABLISHMENT DOES NOT COMPLY WITH MINIMUM SANITARY STANDARDS GRADE B for "C", as case may be] DEPARTMENT OF PUBLIC HEALTH COUNTY OF RIVERSIDE DIRECTOR OF PUBLIC HEALTH PENALTY FOR REMOVAL Ord. No. 1017 Page 3 6.06.050 Fees. In addition to such fees as may have been established relative to enforcement of the California Restaurant Act, the health officer, to offset the expenses of posting of grade cards and any other functions provided for herein which may be over and above those provided for by the California Restaurant Act, may collect and deposit in the appropriate accounts provided for the purpose, such fee or fees as may from time to time be prescribed by reso- lution of the City Council. 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 April , 19 76 . AYES: Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster NOES: None ABSENT: None ATTEST CY SPRINGS, CALIFORNIA By De City Clerk I d� Mayor REVIEWED AND APPROVED A0V I IEREBY CERTIFY that the foregoing Ordinance 1017 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on April 7, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation on April 14, 1976. DONALD A. BLUBAUGH City Clerk A BY: JUDITH SUMICH Deputy City Clerk 3 c 3 � , r 1 I I ORDINANCE NO. 1018 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE DESERT HOSPITAL AUTHORITY TO ISSUE REVENUE BONDS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . The Desert Hospital Authority organized under that certain agreement dated December 19, 1966 and entitled "Joint Exercise of Powers Agreement Between the City of Palm Springs and the Desert Hospital District Creating the Desert Hospital Authority," as amended, is hereby authorized to issue revenue, as provided in said joint powers agreement, bonds pursuant to the provisions of Ariticle 2 (commencing with Section 6540) , Chapter 5, Division 7, Title I of the Government Code in an amount not to exceed $15,000,000.00, exclusive of the amount of any bonds issued prior to the date hereof. SECTION 2. The project to be funded by the revenue bonds hereby authorized is the acquisition, construction, including renovation, maintainance, operation and leasing of hospital buildings and facilities and appurtenances necessary or convenient thereto to be located on the grounds of the former E1 Mirador Hotel in the City of Palm Springs and to be leased to the Desert Hospital District. SECTION 3. This ordinance is subject to the provisions for referendum set forth in Sections 4050 to 4057 inclusive, of the Elections code of the State of California subject to the foregoing. This ordinance shall take effect and be in force thirty (30) days from the date of adoption. SECTION 4. The City Clerk is hereby directed to cause this ordinance to be published once within 15 days after its adoption in a newspaper of general circulation within the City of Palm Springs. ADOPTED this 5th day of May _, 1976. AYES: Councilmembers Beadling, Doyle and Mayor Foster NOES: Councilman Field ABSENT: None ABSTAIN: Councilman Beirich 'ATT S1 . CI 0 P/4C 9 SPRINGS, CALIFORNIA By Deputy City Clerk ayor REVIEWED & APPROVED ,o I HEREBY CERTIFY that the foregoing Ordinance 1018 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held May 5, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on May 12, 1976, DONALD A. BLUBAUGH _ City Clerk \ Y-t SUDITH SUMICH Deputy City Clerk 10 a 32�y i i ORDINANCE NO. 1019 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9403.00-D-1 OF THE PALM SPRINGS ZONING ORDINANCE TO REQUIRE ARCHITECTURAL REVIEW OF ALL DEVELOPMENTS ALONG EAST VISTA CHINO. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9403.00-D-1 of the Palm Springs Zoning Ordinance is hereby amended by the addition of the following: p. East Vista Chino 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. ADOPTED this 5th day of May 1976. I AYES: Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster NOES: None ABSENT: None ATTEST----. C CITT OE P 5P INGS, CALIFORNIA By Deputy City Clerk Mayor REVIEWED & APPROVED �,�-�"� I HEREBY CERTIFY that the foregoing Ordinance 1019 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 5th day of May, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on May 12, 1976, DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH I Deputy City Clerk 6 c ;3:3 i- I 33 / ORDINANCE NO. 1020 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO ESTABLISHMENT OF CERTAIN SPEED LIMIT ZONES, BY ESTABLISHING THE SPEED LIMIT FOR AN ADDITIONAL SEGMENT OF BARISTO ROAD. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Subsection (4) of Section 12.20.020 of the Palm Springs Municipal Code is hereby amended to read as follows: (4) Baristo Road Indian Avenue to South Tahquitz Drive 25 Sunrise Way to Avenida Caballeros 45 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 19th day of May 1976. I AYES: Councilmembers Beirich, Doyle and Field NOES: Mayor Foster ABSENT: Councilmember Beadling �1 ATTEST. C�iYf FJP/t4INGS, CALIFORNIA L__ Deputy City ClerF. Mayor REVIEWED & APPROVED f � I HEREBY CERTIFY that the foregoing Ordinance 1020 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 19th day of May, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on May 25, 1976. DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH Deputy City Clerk 8 b i i ORDINANCE NO. 1021 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.24.060 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE POWERS AND DUTIES OF THE HUMAN RELATIONS COMMISSION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Subsections (3) and (4) of Section 2.24.060 of the Palm Springs Municipal Code are hereby amended to read as follows: (3) To study, investigate and make recommendations to the city council concerning the problems of prejudice, in- tolerance, bigotry and discrimination and disorder occasioned thereby in all or any fields of human relationship; (4) To receive and investigate complaints of: (A) Prejudice of any kind including but not limited to race, color, religion, age, physical or mental handicap, sex, I sexual orientation, creed or national origin occurring within the City of Palm Springs, California, (B) Discrimination against any person, group of persons, organization or corporation, whether practiced by private persons, associations, or corporations and to refer appropriate matters to the proper federal, state or county agency having jurisdiction. SECTION 2. EFFECTIVE DATE. This Ordinance shall be is 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 May , 1976 AYES: Councilmembers Beirich, Doyle, Field and Mayor Foster NOES: None ABSENT: Councilmember Beadling A � LCGS, CALIFORNIA 4-00PIX Y Deputy City Clerk) Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1021 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 19th day of May, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on May 25, 1976. DONALD A BIUBAUGH ity Clerk J\ Y: TH/ \ SUMICH Deputy City Clerk 15 b ,335 I 336 ORDINANCE NO. 1022 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9402.00 OF THE PALM SPRINGS ZONING ORDINANCE BY THE ADDITION OF PRIVATE EDUCATIONAL I INSTITUTIONS AS PERMITTED USE IN THE CITY UNDER CONDITIONAL USE PERMIT PROCEDURES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9402.00-A-2 of the Palm Springs Zoning Ordinance is hereby amended by the addition of the following: m. Private educational institutions 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 May , 1976. I AYES: Councilmembers Beirich, Doyle, Field and Mayor Foster NOES: None ABSENT: Councilmember Beadling A T CITY/�FJJ114NGS, CALIFORNIA Deputy iity Clerk Mayor REVIEWED & APPROVED )� I HEREBY CERTIFY that the foregoing Ordinance 1022 was duly adopted by the City .Council of the City of Palm Springs, California, in a meeting thereof held on the 19th day of May, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on May 25, 1976. DONALD A. BLUBAUGH ity Clerk L BY: SUD TH 9De SUMICH Deputy City Clerk I 4 b y�S�a I I ORDINANCE NO. 1023 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.04.060 AND 2.40.050 OF THE PALM SPRINGS MUNICIPAL CODE, RELATIVE TO COMMISSION APPOINTMENTS. I THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2.04.060 of the Palm Springs Municipal Code is hereby amended to read as follows: 2.04.060 Commission appointments. Unless otherwise specifically provided in this Code or by State law, all city board and commission appointments, except for ex officio members where applicable, shall be made by the city council. SECTION 2. Section 2.40.050 of the Palm Springs Municipal Code, relating to membership upon the City Personnel Board, is hereby amended by amending subsection (b) thereof to read as follows: (b) APPOINTMENTS BY CITY COUNCIL. Two members shall _,e appointed in the manner prescribed in Section 2.04.060 of this code. SECTION 3. Notwithstanding the foregoing provisions, nothing in this ordinance shall be deemed applicable with respect to the present terms of incumbent members of boards and commissions, and the said provisions shall apply only at such times in the future when new appointing action is required to make appointments to fill vacancies or to provide continuity when incumbents terms are to expire. 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 circu- lated in the City of Palm Springs, California. ADOPTED this 2nd day of June , 1976. AYES: Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster NOES: None ABSENT: None ATTEST: C P M S RINGS, CALIFORNIA V/Deputy City Clerk ¢] mayor REVIEWED 6 APPROVED: /J I I HEREBY CERTIFY that the foregoing Ordinance 1023 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 2nd day of June, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on June 7, 1976. DONALD A. BLUBAUGH City Clerk 3 a BY: JUDITH ICH —/Deputy City Clerk ,:?I h.3 1) 340 ORDINANCE NO. 1024 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.24.310 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO AUTHORIZED USES OF TRANSIENT OCCUPANCY TAX REVENUES, THE CITY LOUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1 . Section 3.24 .310 of the Palm Springs Municipal Code is hereby amended to read as follows: 3.24.310 Use of proceeds. The net proceeds from the tax imposed herein shall be placed in a special fund to be known as the Community Promotion Fund, and may be used for advertising, publicity, promotion, capital projects, debt retirement„and operating expenses normally payable out of the Library Fund and Parks and Recreation Fund, of the City. 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 2nd day of June , 1976. AYES: Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster NOES: None ABSENT: None ATTEST: C IY - PA M e RINGS, CALIFORNIA By� It �D uty City Clerk Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1024 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 2nd day of June, 1976, and that same was published in TIIE DESERT SUN, a newspaper of general circulation, on June 7, 1976. DONALD A. BLUBAUGH Cirty, Clerk BY: JUDITH SUMICH Deputy City Clerk 6 b i i �A ORDINANCE NO. 1025 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9402.00 A 2 m. 1 (CONDITIONAL USE PERMIT) OF THE PALM SPRINGS ZONING ORDINANCE RESTRICTING PRIVATE EDUCATIONAL INSTITUTIONS TO SITES LOCATED ON MAJOR THOROUGHFARES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1 . Section 9402.00 A 2 m of the Palm Springs Zoning Ordinance is hereby amended t , read as follows: m. Private education institutions on major thoroughfares as defined on the General Plan of the City. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force 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 July , 1976. I AYES: Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster NOES: None ABSENT:None ATTEST. CITY 5P INGS, CALIFORNIA / Deputy City Clerk Mayor REVIEWED & APPROVED2M Av I HEREBY CERTIFY that the foregoing Ordinance 1025 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 7th day of July, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on July 14, 1976. DONALD A. BLUBAUGH City Clerk L BY: JUD11I SUMICH Deputy City Clerk 4 34"1 I L ORDINANCE NO. 1026 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA ADDING SECTION 3. 04. 030 TO THE I PALM SPRINGS MUNICIPAL CODE RELATING TO PAYMENT OF SALES AND USE TAX REVENUES INTO THE CAPITAL PROJECTS FUND. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3 . 04. 030 is hereby added to the Palm Springs Municipal Code to read as follows : 3. 04. 030 Sales taxes--capital projects fund. A portion of the monies received from sales and use taxes shall be paid into the capital projects fund in such amount or amounts as may from time to time be authorized or directed by the city council. Such funds as so deposited may be expended for purposes generally authorized by law or by the city council to be paid out of such fund. 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 1 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 7th day of July , 1976. AYES: Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster NOES: None ABSENT: None ATT CIO A SPRINGS, CALIFORNIA Deputy City Clerks Mayor REVIEWED & APPROVED � �h I HEREBY CERTIFY that the foregoing Ordinance 1026 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 7th day of July, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on July 14, 1976. I DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH Deputy City Clerk 5 as I I ORDINANCE -NO. 1027 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.06.020 TO THE PALM SPRINGS MUNICIPAL CODE PROVIDING FOR A UNIFORM SYSTEM APPLICABLE TO SELECTION AND TERMS OF CHAIRMEN AND VICE-CHAIRMEN OF CITY BOARDS AND COMMISSIONS; AMENDING VARIOUS OTHER MUNICIPAL CODE PROVISIONS TO MAKE THEM CONSISTENT THEREWITH; AND PROMULGATING AS A NEW CHAPTER OF THE MUNICIPAL CODE PROVISIONS REGARDING CREATION AND OPERA- TIONS OF THE PLANNING COMMISSION, AND REMOVING SIMILAR PROVISIONS FROM THE ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.06 of the Palm Springs Municipal Code relating to general provisions governing City boards and commissions, is hereby amended by the addition thereto of a new section, to be numbered 2.06.020, and reading as follows: 2.06.020 Chairmen, vice-chairmen--Selection--Terms. Unless otherwise provided by law, or by ordinance or resolution adopted after the effective date hereof, each board and com- mission of the city shall annually at its first meeting held after June 30, choose one of its number as chairman and one as vice-chairman. Each chairman and vice-chairman shall have authority and perform such duties as are commonly associated with their respective titles, or as may be specially prescribed by law or by the by-laws or other rules of the board or commission. Vacancies in either such position occurring I prior to July 1 may be filled as in the first instance, and a new chairman or vice-chairman may be chosen at any time by majority vote of all members of the board or commission. SECTION 2. Palm Springs Municipal Code Sections 2.18.010 and 2.18:020 (relating to the Commission on Aging), 2.22.010 and 2.22.020 (relating to the Downtown Development Advisory Commission) , 2.24.020 and 2.24.030 (relating to the Human Relations Commission), and 2. 30.020 (relating to the Youth Commission) are hereby amended, respectively, as follows: a. In the second sentences in each of the following sections, to wit, 2.18.010, 2.22.010 and 2.211.020, respectively, the comma after the word "code" in each such instance shall be changed to a period, and the following language in each such sentence shall be deleted and repealed. Also, the third sentence of each such section shall be deleted and repealed. b. In each of the following sections, to wit, 2.18.020, 2. 22.020, 2.24.030, and 2. 30.020, respectively, the first two sentences of each such section shall be deleted and repealed, and the word "further" in the third sentence of each such section shall be deleted. SECTION 3. Article 911 of the Palm Springs Zoning Ordinance (relating to creation of and membership on the city's Planning Commission) is I hereby repealed, and in lieu thereof a new chapter is hereby added to the Palm Springs Municipal Code, to be numbered Chapter 2.29, and reading as follows: Chapter 2.29 PLANNING COMMISSION 2.29.010 Created. Pursuant to Section 65100 et seq. of the California Planning and Zoning Law, there has been and hereby is established for the city a planning agency, consisting of a planning department known as the Department of Community Development, a 0 rrn-I 15 b 2 Ord. No. 1027 Page 2 planning commission, and the city council, acting in combination. The planning commission consists and shall consist of seven members, serving without compensation, and appointed in the manner and for the terms prescribed in Sections 2.04.060 and 2.06.010 respectively, of this code. It shall have the powers, functions and duties prescribed in the Planning and Zoning Law, and in the Palm Springs Zoning Ordinance and in this code and other local ordinances, provided that it shall not exercise any direct contracting authority as specified in Section 65007 of the Planning and Zoning Law. 2.29.020 Secretary, staff support, committees. The commission shall be authorized 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. The city manager shall appoint a person to act Fs secretary to the commission, and shall be responsible for providing necessary staff support. 2.29.030 Meetings--Rules of procedure. The planning commission shall meet at least once each month at such time and place as shall be fixed by the commission by its standing rules. A majority of the existing appointed members of the commission shall constitute a quorum for the general transaction of business (subject, however, to more restrictive requirements as to the number of votes necessary in order to take certain actions, as may be prescribed in the Planning and Zoning Law). The commission may establish such rules and regulations as it deems necessary and expedient for the conduct of its business, and shall, in compliance with Section 65804 of the, Planning and Zoning Law, develop and publish procedural rules for conduct of the commission's hearings so that all interested parties shall have advance knowledge I of procedures to be followed. 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 at seq. , California Government Code). SECTION 4. EFFECTIVE DATE. This ordinance shall he 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 7th day of July --, 1976. AYES: Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster NOES: None, ABSENT: None ATT �- CITOF ! Nh RI S, CALIFORNIA B uty City Clerk Mayo REVIEWED & APPROVED: _ I IEREBY CERTIFY that the foregoing Ordinance 1027 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 7th day of July, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on July 14, 1976. DONALD A. BLUBAUGH City Clerk wl — Y: JUDI H CH Deputy City Clerk '73q5 ORDINANCE NO. 1028 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AME14DING SECTION 12.20.020 OF I THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF CERTAIN SPEED LIMIT ZONES, BY REDUCING THE SPEED LIMIT ON CROSSLEY ROAD (ALSO CALLED GOLF CLUB DRIVE) . THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1 . Subsection (9) of Section 12.20.020 of the Palm Springs Municipal Code is hereby amended to read as follows: (9) Crossley Road Ramon Road to 200 feet north of Fairway Circle 45 SECTION 2. Subsection (16) of Section 12.20.020 of the Palm Springs Municipal Code is hereby amended to read as follows : (16) Golf Club Drive 200 feet north of Fairway Circle to Highway 111 35 SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. 1 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 7th day of July , 1976. AYES: Councilmembers Beadling, Beirich, Doyle, Field and Mayor Poster NOES: None ABSENT: None �� � CITY FaLM�IS, CALIFORNIA Deputy City Clerk Mayor REVIEWED & APPROVED I HEREBY CFRTTFY that the foregoing Ordinance 1028 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on. the 7th day of July, 1976, and that same was published in THE DFSERT SUN, a newspaper of general circulation, on July 14, 1976. I DONALD A. BLUBAUGH C y Clerk Jl t JUDITH SUMICH Deputy City Clerk 16 b RAMON ROAD O � N v O � I 4 U) Z U k � o w FAIRWAYS 6 � to m O Z b Q: h : .0 O Fw Sc ct X In Q. 4 d M _ 34 th AVE, Z o N © MONTI=CITO &0 � W - �cd BOLERO �o �©s% �gNrO 4, D,� CITY F PALM SPRINGS DEPARTMENT OF COMMUNITY DEVELOPMENT TRAFFIC ENGINEERING REQUESTED BY TRAFFIC ENGINEERING APPROVED Date _ _ _ CITY COUNCIL _ -APPROVED_BY Date ORD. NO. RESOI.. NO. TRAFFIC 8 PARKING COMMISSION 6-1-76 �c_ j) I ORDINANCE NO. 1029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF I PALM SPRINGS AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That an amendment to the Contract between the City Council of the City of Palm Springs, and the Board of Administration, California Public Employees ' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit A," and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City of Palm Springs is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Desert Sun, a newspaper I of general circulation, published and circulated in the City of Palm Springs and thenceforth and thereafter the same shall be in full force and effect. ADOPTED this 27th day of July 1976. AYES: Councilmembers Beadling, Doyle, Field and Mayor Foster NOES: None ABSENT: Councilman Beirich ATTEST: J CIT� OP SP �NGS, CALIFORNIA B 4�f x" Deputy City r 'n Mayor REVIEWED & APPROVED: �n I HEREBY CERTIFY that the foregoing Ordinance 1029 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 27th day of July, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on August 2, 1976. DONALD A. BLUBAUGH City Clerk BY:� J y— � BY: JUDITH SUMICH Deputy City Clerk � 8 b 2 AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL I OF THE CITY OF PALM SPRINGS The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board and the CITY COUNCIL of the CITY OF PALM SPRINGS, hereinafter referred to as Public Agency, having entered into a contract under date of December 3, 1956, effective January 1, 1957, as amended effective July 14, 1965, January 14, 1973, and January 1, 1975, and as provided by Chapters 170 and 316, Statutes of 1971, which provide for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. The following sub paragraph shall be added to Paragraph 5 of said contract: 5(d) Section 20930.3 (providing service credit up to four years for any continuous military or merchant marine service for persons who are members because of employment by Public Agency). B. Paragraph 5.5 shall be added to said contract: I 5.5 Public Agency, in accordance with Section 20740, Government Code shall cease to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective as of the effective date of this amendment to this contract. Accu- mulated contributions of the Public Agency as of the date of such amendment shall be fixed and determined as provided in Section 20759, Government Code and such accumulated con- tributions and contributions hereafter made shall be held by the Board as provided in Section 20759, Government Code. C. Paragraphs 6 (a) shall be stricken from said contract and the following paragraph shall be substituted therefor: 6(a) With respect to miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said System: Ret. Form 702-1 (1) 0.26 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 9.77 percent on account of the liability for current service benefits. I (3) 0.19 percent on account of the benefits provided by the 1959 survivors program. D. This amendment shall be attached to said contract and shall be effective on the day of Witness our hands this day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF PALM SPRINGS BY BY Carl J. Blechinger, Executive Officer Presiding Officer Attest: Clerk Ret. Form 702-2 i i 10354 ORDINANCE NO. 1030 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE UNIFORM BUILDING CODE, 1973 EDITION, AND ALL APPENDICES, TABLES AND INDICES FOLLOWING, WITH THE EXCEPTION OF APPENDIX CHAPTERS 15, 23, 35, 38, 48 , 51, AND 57; ADOPTING THE UNIFORM BUILDING CODE STANDARDS, 1973 EDITION; ADOPTING THE UNIFORM HOUSING CODE, 1973 EDITION, THE UNIFORM CODE FOR THE ABATE- MENT OF DANGEROUS BUILDINGS , 1973 EDITION; ADOPTING THE UNIFORM MECHANICAL CODE, 1973 EDITION, AND ALL APPENDICES, TABLES AND INDICES FOLLOWING; ADOPTING THE UNIFORM PLUMBING CODE, 1973 EDITION, AND ALL APPENDICES , TABLES AND INDICES FOLLOWING, WITH THE EXCEPTION OF APPENDIX G; ALL PROVIDING MINIMUM STANDARDS TO SAFEGUARD LIFE, PROPERTY, AND PUBLIC WELFARE BY REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, USE AND OCCUPANCY, LOCATION, MAINTENANCE, AND CONTINUING SAFETY OF ALL BUILDINGS AND STRUCTURES, APPURTENANT EQUIPMENT, AND GROUNDS IMPROVEMENTS WITHIN THE CITY; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING THE LOCAL CODES SUPERSEDED THEREBY AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : I SECTION 1. Those certain documents , three (3) copies of each which are on file in the office of the City Clerk of the City of Palm Springs, California, being marked and designated as "Uniform Building Code 1973 Edition" and all appendices, tables and indices thereto (with the exceptions noted hereinafter) , and "Uniform Building Code Standards 1973 Edition, " are hereby adopted as the Building Code of the City of Palm Springs by reference, pursuant to the provisions of Section 50022 .1 et seq. of the California Government Code, and all of their provisions (except as hereinafter modified) shall regulate the erection, construction, enlargement, alteration, repair, moving, removal, conversion, de- molition, occupancy, equipment, use, height, area, and maintenance of buildings or structures, and grading of property in the City of Palm Springs , and provide for the issuance of permits and collec- tion of fees therefor; declare and establish Fire Districts , and provide penalties for the violation thereof. SECTION 2. The Uniform Building Code adopted herein by reference is hereby amended by the following additions , deletions and amend- ments : Sections 104 (a) (amended) , 204 (amended) , 205 (amended) , 301(a) (amended) , 304 (g) (added) , 307 (added) , 308 (added) , 512 (added) , 1501 (amended) , 1505 (amended) , 1601 (a) (amended) , 2314 (c) (amended) , 2314 (d) (amended) , 2314 (m) (added) , 3804 (b) (amended) , 3806 (b) (amended) , 4708 (a) (amended) , 7003 (1, 8 and 9) (deleted) , 7006 (d) (amended) , 7009 .1 (added) , 7013 (c) (added) , 7014 (b) (amended) , and Appendix Chapters 15 , 23, 35 , 38, 48 , 51 and 57 (deleted) , in the following respects : Amend Subsection 104 (a) -General. Alteration or repair of existing hotels , lodging houses , motels , apratment houses, dwellings , and structures accessory thereto, shall be permitted the replacement, retention, and extension of original materials and the use of original methods of construction exempt from the provisions of subsections 355 Ord. No. 1030 Page 2 (b) , (c) , and (d) of this section as long as the building or structure is not increased in area, volume, or size and does not become or continue to be a substandard building. Additions or alterations which increase the area, volume , or size of existing hotels, lodging houses, motels , apartment houses , dwellings , or their accessory structures, and addi- tions, alterations., or repairs of any type on all other occupancy group buildings and structures shall comply with all requirements set forth hereinafter in this section. Amend , Section 204-Board of Appeals . In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code , there shall be and is hereby created a Board of Appeals , consisting of seven members who are qualified by ex- perience and training to pass upon matters pertaining to building construction. The Board of Appeals shall be appointed by the City Council . Board members shall not be employees of the City and shall serve without compensation. Members may be dismissed by a Majority vote of the City Council , but otherwise each member shall serve an indefinite term. Vacancies shall be filled in the same manner as the original appointment. All matters before the Board shall be administered by the Building Official or his authorized representative . The Board shall adopt reasonable rules and regulations for hearing appeals and conducting its business and such rules and regulations shall be freely accessible to the public. The Board shall render all decisions and findings in writing with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith. Amend Section 205-Violations and Penalties . It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge , alter, repair, move , improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this Code . Any person, firm, or corporation violating, or failing to comply with, any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than six months or by both such fine and imprisonment . Amend Subsection 301(a)-Permits Required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move , improve, remove, convert, or demolish any wall , fence, building or structure in the City, or cause the same to be done, without first obtaining a separate building permit for each such wall , fence, building or structure from the Building Official . ;35 G Ord. No. 1030 Page 3 Add Subsection 304(g)-Sanitary Facilities. A chemical I toilet or water closet shall be available on each con- struction site and shall remain in place until construc- tion is completed. One (1) such toilet or closet shall be provided for each complement of twenty (20) men or fraction thereof. Such toilets or closets shall be placed no less than twenty-five (25) feet from the property line of the building site . Doors to the toilets or closets shall face the building under con- struction . The chemical toilet shall be cleaned a minimuu of one (1) time per week. Where construction is being performed by one (1) owner or contractor, such toilets shall be not more than five hundred (500) feet apart. Add Section 307-Sleeping on Construction Sites. No person other than one (1) night watchman for the whole of each work or improvement shall camp, lodge, or sleep, erect or maintain any tent, or make any bed, or lay any blanket or quilt for the purpose of sleeping thereon either at, in or adjacent to any building, struc- ture or work of improvement which is under or in the course of construction and not completed, whether in an automobile, trailer or otherwise . I Add Section 308-Limitation of Hours of Construction. No person shall be engaged or employed nor shall any person cause any other person to be engaged or employed in any work of construction, erection, alteration, repair, addition to, or improvement of any buildings, structure , .road or improvement to realty between the hours of five o ' clock p.m. of each day and eight o 'clock a.m. of the next day, without written permission from the Building Official first had and obtained. Add Section 512-Noise Insulation. All residential units , including detached single-family dwellings, shall be con- structed to comply with the State Noise Insulation Standards prescribed pursuant to Section 1092 and re- lated sections of Title 25 , California Administrative Code, when located within a Noise Critical Area as defined by the City of Palm Springspursuant to criteria set forth in Section 1092 of Title 25 , California Administrative Code . Amend Section 1501-Group J Occupancies Defined Group J Occupancies shall be: Division 1 . Private garages, carports, sheds, and agricultural buildings. Division 2 . Fences over 6 feet high, tanks , and towers. I Division 3. Barbed Wire Fences : Barbed wire fences shall be permitted in the city limits of Palm Springs only where installed for security purposes at a minimum height of six (6) feet above ground level and attached to the top of an approved fence or wall . Amend Section 1505-Garage Floor Surfaces . Floor surfaces where motor vehicles are stored or operated shall be of noncombustible materials except that private carport floors may be of asphaltic paving materials . 33 i Ord. No. 1030 Page 4 Amend Subsection 1601(a)-Fire Zones Defined. For the pur- pose of this Code, the entire city is hereby declared to be and is hereby established a Fire District and said Fire District shall be known and designated as Fire Zones No. 2 and No. 3, and shall include such territory or portions of said city outlined as follows: (1) FIRE ZONE NO. 2 shall comprise all that portion of the City described as follows : All of zones or districts C-1 , C-2 , C-D-N, C-lAA, C-B-D, C-S-C, and P as from time to time fixed and established under the Zoning Ordinance of the City of Palm Springs, as amended. (2) FIRE ZONE NO . 3 shall comprise all that portion of the City described as follows : All portions of said City of Palm Springs not in- cluded within Fire Zone No . 2 as indicated in Sub- section (1) . Amend Subsection 2314 (c)-Symbols and Notations to include the following definition: I = Occupancy Importance Factor and the following values shall apply: Essential Facilities_ _ _ _ _ _ _ _ _ _ _ _ _ _1. 5_ _ Any building where the primary occupancy is for assembly use for more than 300 persons in-one-room _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1_25 _ All other Occupancies _ _ _ _ _ _ _ _ _ _ _ _ _1 . 0- _ Amend Subsection 2314(d) so that the definition of "V" therein shall read, "V = ZIKCW" . Add Subsection 2314(m),- Essential Facilities . Essential facilities are those structures or buildings which must be safe and usable for emergency purposes after an earth- quake in order to perserve the peace , health and safety of the general public. Such facilities shall include but not be limited to : 1. Hospitals and other medical facilities having surgery or emergency treatment areas. 2 . Fire and police stations . 3. Municipal government disaster operation and communica- tion centers deemed to be vital in emergencies . The design and detailing of equipment which must remain in place and be functional following a major earthquake shall be based upon lateral forces using an IC p value not less than 0 .50 and building deflections of not less than twice the calculated deflections based on Formula (14-1) . Amend Subsection 3804 (b)-Wet Standpipe Requirements . Wet standpipes extending from the cellar or basement into the topmost story shall be provided in every Group A and B Occupancy of any height, and every Group C Occupancy two or more stories in height, and every Group D, E . F, G, and H Occupancy three or more stories in height, and in Groups E and F Occupancies having a floor area exceeding 20,000 square feet per floor. a a� Ord. No . 1030 Page 5 Exceptions : 1 . Group B buildings having no stage and I having a seating capacity of less than 500 need not be equipped with interior wet standpipes . 2 . Wet standpipes are not required in buildings equipped throughout with an automatic fire extinguishing system. 3. Wet standpipes are not required in base- ments or cellars equipped with a complete automatic fire extinguishing system. 4 . Wet standpipes shall not be required in assembly areas used solely for worship. Amend Subsection 3806 (b) - Construction Standpipe Requirements. Every building, four stories or more in height, shall be pro- vided with not less than one standpipe for fire department use during construction. Such standpipes shall be installed when the progress of construction is not more than 30 feet in height above grade. Such standpipe shall be provided with fire department inlet connections at accessible lo- cations adjacent to usable stairs , but in no case shall the distance from curb line to fire department connection exceed forty feet (401 ) . Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having a secured decking I or flooring. Amend the first paragraph of Subsection 4708(a)- General. Plastering with Portland Cement plaster shall be not less than three (3) coats when applied over metal lath or wire lath and shall be not less than two (2) coats when applied over masonry, concrete, or gypsum backing as specified in Section 4706 (c) , except that the third coat may be omitted providing that the total plaster thickness is not less than seven-eighths (7/8) inch. Delete Items numbered 1 , 8, and 9 , from Section 7003 Add subparagraph 6 . to Subsection 7006(d) concerning Informa- tion on Plans and in Specifications . 6 . An effective means of dust control which shall include provisions for adequate watering during the grading process and provision for continuance of dust control after the grading, until such time that the graded surface presents sufficient protective cover against wind or water erosion that special dust control measures are no longer necessary. Add Section 7009 .1 - Hillside Excavation and Grading. I The provisions of Section 9303. 00 of the Palm Springs Zoning ordinance shall apply. Add Subsection 7013(c) - Standby Responsibility. For all grading projects, the permittee shall take measures to assure that no debris is washed, blown by wind, or otherwise deposited onto streets or adjacent property and that all erosion control devices are working properly on a continuous basis . Ord. No . 1030 Page 6 Amend Subsection 7014(b)-Grading Designation. All grading in excess of 2 ,000 cubic yards shall be I performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading. " Grading involving less than 2,000 cubic yards shall be designated "regular grading" unless the permittee, with the approval of the Building Official chooses to have the grading per- formed as "engineered grading. " EXCEPTION: Grading in excess of 2, 000 cubic yards which is primarily of a landscaping and "fine grading" nature, where no flood hazard is present, may be termed "regular grading" at the discretion of the Building Official. Delete Appendix Chapters 15 23, 35 , 38, 48, 51 and 57 . SECTION 3 . That certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Palm Springs , California, being marked and designated as "Uniform Housing Code 1973 Edition" and all indices thereto is hereby adopted as the Uniform Housing Code of the City of Palm Springs , by reference, pursuant to the provisions of Section 50022 .1 et seq. of the California Government Code, and all of its provisions except as hereinafter modified shall provide minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of residential buildings in the City of Palm Springs , and provide penalties for the violation thereof. SECTION 4 . The Uniform Housing Code adopted herein by reference is hereby amended as follows : Sections 103 (b) (amended) , 203 (amended) , and 204 (amended) , in the following aspects : Amend Subsection 103(b)-Alteration. Alteration or enlargement of existing buildings shall conform to this code and to Section 104 of the Uniform Building Code as amended. Amend Section 203-Housing Advisory and Appeals Board. In order to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, there is hereby established a Housing Advisory and Appeals Board, consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction . The Board shall be appointed by the City Council . Board members shall not be employees of the City and shall serve with- out compensation. Members may be dismissed by a majority vote of the City Council, but otherwise each member shall serve an indefinite term. Vacancies shall be filled in the same manner as the original appointment. All matters before the Board shall be administered by the Building Official or his authorized representative. The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Building Official . Appeals to the Board shall be processed in accordance with the provisions contained a3GG Ord. No . 1030 Page 7 in Section 1201 of this Code . Copies of all rules or regulations adopted by the Board shall be delivered to the Building Official who shall make them freely accessible to the public . Amend Section 204-Violations . No person, firm, or corporation, whether as owner, lessee, sublessee , or occupant, shall erect, construct, enlarge, alter, repair, move, improve, demolish, equip, use, occupy, or maintain any building or premises , or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code or any order issued by the Building Official hereunder. Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than six months or by both such fine and imprisonment . SECTION 5 . That certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Palm Springs , California, being marked and designated as "Uniform Code for the Abatement of Dangerous Buildings 1973 Edition" and all indices thereto is hereby adopted as the Uniform Code for the Abatement of Dangerous Buildings in the City of Palm Springs, by reference , pursuant to the provisions of Section 50022 .1 et seq. of the California Government Code, and all of its provisions except as hereinafter modified shall provide a just, equitable, and practicable method, to be cumulative with and in addition to, any other remedy provided by the Building Code of the City of Palm Springs , or the Uniform Housing Code of the City of Palm Springs , or otherwise available at law, whereby buildings or structures in the City of Palm Springs which from any cause endanger the life, limb, health, morals , property, safety or welfare of the general public or their occupants , may be required to be repaired, vacated, or demolished. SECTION 6 . The Uniform Code for the Abatement of Dangerous Buildings adopted herein by reference is hereby amended as follows : Sections 102 (c) (added) , 103 (amended) , 203 (amended) , and 205 (amended) , in the following aspects : Add Subsection 102 (c) . The City Council of the City of Palm Springs finds that the amendments, additions and deletions contained herein to the Uniform Code For The Abatement of Dangerous Buildings , 1973 Edition, are not inconsistent with the requirements of State law contained in California Health and Safety Code Sections 17921, 17922 , 17951 , 17958, 17958.5 and 17958. 7 and Title 25 of the California Administrative Code, in that the referenced amendments , additions and deletions do not cover subject matter referred to by said State law. Ord. No. 1030 Page 8 Amend Section 103-Alterations , Additions and Repairs . All buildings or structures which are required to be repaired under the provisions of this Code shall be III subject to the provisions of subsections (a) , (e) and (i) of Section 104 of the Uniform Building Code as amended and adopted by the City of Palm Springs. Amend Section 203-Violations . No person, firm, or corporation, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge , alter, repair, move , improve , remove , demolish, equip, use , occupy, or maintain any building or premises , or cause or permit the same to be done, contrary to or in violation of any of the provisions. of this Code or any order issued by the Building Official hereunder . Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than six months or by both such fine and imprisonment. Amend Section 205-Board of Appeals . In order to pro- _ vide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals , con- sisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction. The Board of Appeals shall be appointed by the City Council . Board members shall not be employees of the City and shall serve without compensa- tion. 'Members may be dismissed by a' majority vote of the City Council but otherwise each member shall serve an indefinite term. Vacancies shall be filled in the same manner as the original appointment . All matters before the Board shall be administered by the Building Official or his authorized representative. The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Building Official . Appeals to the Board shall be processed in accordance with the provisions contained in Section 501 et seq. of this Code . Copies of all rules or regulations adopted by the Board shall be delivered to the Building Official who shall make them freely accessible to the public. SECTION 7. That certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Palm Springs , California, being marked and designated as "Uniform Mechanical Code 1973 Edition" and all appendices , tables and indices thereto, is hereby adopted as the Uniform Mechanical Code of the City of Palm Springs, by reference , pursuant to the provisions of Section 50022 .1 et seq. of the California Government Code, and all of its provisions except as hereinafter modified shall provide minimum standards, to safeguard life or limb, health, property 363 Ord. No. 1030 Page 9 and public welfare by regulating and controlling the design, con- struction, installation, quality of materials , location, opera- tion, and maintenance of heating, ventilating, cooling, refrigera- tion systems , incinerators and other miscellaneous heat-producing appliances , and provide penalties for the violation thereof. SECTION 8. The Uniform Mechanical Code adopted herein by reference is hereby amended by the following additions and amendments : Sections 203 (amended) , 1112 (added) , 1305 (added) , and 1521 (added) , in the following aspects : Amend Section 203-Board of Appeals . In order to determine the suitability of alternate Materials and types of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and is hereby created a Board of Appeals, consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction . The Board of Appeals shall be appointed by the City Council . Board members shall not be employees of the City and shall serve without compensation . Members may be dismissed by a majority vote of the City Council, but otherwise each member shall serve an indefinite term. Vacancies shall be filled in the same manner as the original appointment. I All matters before the Board shall be administered by the Building Official or his authorized representative . The Board shall adopt reasonable rules and regulations for hearing appeals and conducting its business and such rules and regulations shall be freely accessible to the public. The Board shall render all decisions and findings in writing with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith. Add Section 1112-Air Pollution Control Devices . Every exhaust ventilation system serving commercial food heat- processing equipment shall be equipped and maintained with a suitable device or devices which will at all times prevent discharge into the atmosphere outside of the building, of pollutants , contaminants , emissions , cooking odors or other fumes , in such quantity as to violate any law or any rule or regulation of the Riverside County Air Pollution Control District, or in such quantity as to cause annoyance, detriment, nuisance or damage to any person or persons. No Certificate of Occupancy shall be issued, or final approval granted for an installation or modification of an exhaust ventilation system as afore- said, until and unless the applicant therefor has satis- fied the Building Official, by test or other means , that this section has been and will continue to be complied with. Every such certificate or final approval shall be deemed to be conditioned upon continued compliance with this section at all times in the future . Any future violation or noncompliance of or with this section shall constitute grounds for suspension or revocation, after hearing in compliance with the requirements of due process, of the Certificate of Occupancy on the building subject to the above requirements. 3b.i Ord. No. 1030 Page 10 Add Section 1305-Waste Water. Evaporative coolers + shall be equipped with water recirculation devices f adjusted to prevent waste water overflow. Add Section 1521-Condensate Water. Condensate water shall be conducted to an approved drain or suitable place of ground ab- sorption and shall not be permitted to discharge onto a roof, structure, road, walkway, or traversable area of the grounds. SECTION 9 . That certain document, three ( 3) copies of which are on file in the office of the City Clerk of the City of Palm Springs, California, being marked and designated as "Uniform Plumbing Code 1973 Edition" and all appendices, tables and indices thereto, with the exception of Appendix G, is hereby adopted as the Uniform Plumbing Code of the City of Palm Springs , by reference, pursuant to the provisions of Section 50022.1 et seq. of the California Government Code , and all of its pro- visions except as hereinafter modified shall regulate the erection, installation , alteration, addition, repair, relocation, replacement, maintenance or use of any plumbing system, fixture, or appliance, except as otherwise provided for in this Code, providing minimum requirements and standards for the protection of the public health, safety and welfare , and provide penalties for the violation thereof . SECTION 10 . The Uniform Plumbing Code adopted herein by reference is hereby amended by the following additions, dele- tions and amendments : Sections 51 , 52 , 53, 54 , 55 , 56 , 57, 58 , 59 , 60 , 61 , 62, 63, 64 , 65, 66, 67 and 68 (added) , Table 4-1 (amended) , Sections 403 (c) (added) , 406 (j) (added) , 1101 (amended) , and Appendix G (deleted) , in the following respects. Add Section 51-Title . This code shall be known as the "Uniform Plumbing Code" and will be referred to as "this code" herein. Add Section 52-Purpose . This Code is an ordinance pro- vidinq minimum requirements and standards for the protection of the public health, safety and welfare . Add Section 53-Scope . The provisions of this Code shall apply to the erection, installation, alteration, addition, repair, relocation, replacement, maintenance or use of any plumbing system except as otherwise provided for in this Code . Add Section 54-Authority to Abate . (a) Any portion of a plumbing system found by the Administrative Authority to be insanitary as defined herein is hereby declared to be a nuisance. (b) Where a nuisance exists or a plumbing system is maintaned in violation of this Code or any notice issued pursuant to this section, the Administrative Authority shall require the nuisance or violation to be abated and where necessary, shall seek such abatement in the manner provided by law. Add Section 55-Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Administrative Authority or his authorized representative has reasonable cause to believe that there exists in any building or upon any Ord. No. 1030 Page 11 premises , any condition which makes such building or premises unsafe as defined in this Code, the Administrative Authority or his authorized re- presentative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Administrative Authority by this Code; provided that if such building or premises be occupied, he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Administrative Authority or his authorized representative shall have recourse to every remedy provided by law to secure entry, in- cluding, but not limited to , the obtaining of an inspection warrant. Add Section 56-Violation and Penalties. Any person, firm or corporation violating any pro- vision of this Code shall be deemed guilty of a misde- meanor and upon conviction thereof shall be punishable by a fine not to exceed $500 or by imprisonment in the city or county jail for a period of time not to exceed six months, or both fine and imprisonment. Each separate day or any portion thereof during which any violation of this Code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein pro- vided. Add Section 57--Permits: Effect of Issuance; Duration. (a) The issuance or granting of a permit or approval of plans and specifications shall not be deemed or con- strued to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except in- sofar as the work or use which it authorized is lawful. (b) The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Code or of any other ordinance or from revoking any certificate of approval when issued in error. (c) Every permit issued by the Administrative Authority under the provisions of this Code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within one hundred twenty (120) days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any Ord. No. 1030 Page 12 time after the work is commenced for a period of one hundred twenty (120) days . Before such work can be recommenced, a new permit shall be first obtained, and the fee shall be one -half the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one (1) year. Add Section 58 Permit Required. (a) It shall be un- lawful for any person to install , remove , alter, repair or replace or cause to be installed, removed, altered, repaired or replaced any plumbing, gas or drainage piping work or any fixture or water heating or treating equipment in a building or premises without first obtain- ing a permit to do such work from the Administative Authority. (b) A separate permit shall be obtained for each building or structure . (c) No person shall allow any other person to do or cause to be done any work under a permit secured by a Permittee except persons in his employ . Add Section 59 Work Not Requiring a Permit. No permit shall be required in the case oT any repair work as follows : The stopping of leaks in drains, soil, waste or vent pipe , provided, however, that should any trap, drainpipe, soil, waste or vent pipe be or become defective and it becomes necessary to remove and replace the same with new material in any part or parts , the same shall be considered as such new work and a permit shall be pro- cured and inspection made as here.inbefore provided. No permit shall be required for the cleaning or stoppages or the repairing of leaks in pipes , valves , or fixtures , when such repairs do not involve or require the replace- ment or rearrangement of valves , pipes or fixtures . Add Section 60 Application for Permit. Any person legally entitled to apply for and receive a permit shall make such application on forms provided for that purpose. He shall. give a description of the character of the work proposed to be done, and the location, ownership, occupancy and use of the premises in connection therewith. The Administrative Authority may require plans, specifica- tions or drawings and such other information as he may deem necessary. If the Administrative Authority determines that the plans , specifications , drawings, descriptions or informa- tion furnished by the applicant is in compliance with this Code, he shall issue the permit applied for upon payment of the required fee as hereinafter provided for. Add Section 61 Cost of Permit. Every applicant for a permit to do work regulated by this Code, shall state in writing on the application form provided for this purpose, the character of work proposed to be done and the amount and Ord. No . 1030 Page 13 kind in connection therewith, together with such information, pertinent thereto , as may be required. Such applicant shall pay for each permit at the time of issuance, a fee in accordance with the Compre- hensive Fee Schedule as prescribed by resolution of the City Council . Any person who shall commence any work for which a permit is required by this Code without first having obtained a permit therefor shall , if subsequently per- mitted to obtain a permit, pay double the permit fee fixed by this section for such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreason- able delay in obtaining such permit, a double fee as herein provided shall be charged. For the purpose of this section, a sanitary plumbing outlet on or to which a plumbing fixture of appliance may be set or attached shall be construed to be a fixture . Fees for reconnection and retest of plumbing systems in relocated buildings shall be based on the number of plumbing fixtures , gas systems, water heaters , etc . , involved. Add Section 62-All Work to be Inspected. All plumbing and drainage systems shall be inspected by the Admini- strative' Authority to insure compliance with all the requirements of this Code . Add Section 63-Notification. It shall be the duty of the person doing the work authorized by the permit to notify the Administrative Authority orally or in writing, that said work is ready for inspection. It shall be the duty of the person doing the work authorized by the permit, to make sure that the work will stand the test prescribed elsewhere in this Code, before giving the above notification. Add Section 64-Stop Orders . Whenever any work is being done contrary to the provisions of this Code, the Admini- strative Authority or his authorized representative may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done , and any such persons shall forthwith stop such work until authorized by the Administrative Authority to proceed with the work. Add Section 65-Suspension or Revocation. The Administrative Authority may, in writing, suspend or revoke a permit issued under provisions of this Code, whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any pro- visions of this Code. 36 7 Ord. No. 1030 Page 14 Add Section 66-Liability. The Administrative Authority or any employee charged with the enforcement of this Code , shall not while acting officially, render himself liable personally and he hereby is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason or any act or omission in the discharge of his duties . Add Section 67-Unconstitutionality. If any section, sub- section, sentence , clause or phrase of this ordinance is, for any reasons , held to be unconstitutional , such decision shall not affect the validity of the remaining portions of this Ordinance . The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections , subsections , sentences , clauses and phrases be declared unconstitutional . Add Section 68-Board of Appeals . A board shall be appointed and this board shall act as a Board of Appeals in making a correct determination of any appeal arising from actions of the Administrative Authority. Appeals shall be made in writing and the appellant may appear in person before the Board or be represented by an attorney and may introduce evidence to support his claims. Appeals shall be heard at reasonable times at the convenience of the Board but not later than 30 days after receipt thereof. The ap- pellant shall cause to be made at his own expenses any tests or research required by the Board to substantiate his claims . Amend Table 4-1 to add: Residential Garbage Disposal 6 Fixture Units Commercial Garbage Disposal 12 Fixture Units Add Subsection 403 (c) -Kitchen Drains. Where the drainage piping that serves a kitchen sink is placed beneath a cement slab floor, the minimum size for the sink drainage piping beneath the slab shall be 3" . Add Subsection 406 (j ) -Sanitary Plumbing. Where cement slab floors are used and sanitary plumbing is placed beneath such floors , the clean out for the sanitary plumbing shall be extended through an outside wall or foundation, if the sanitary plumbing terminates within four (4) feet of an outside wall. Amend Section 1101-Sewer Required. (a) Every building in which plumbing fixtures are installed and all premises having drainage piping thereto, whether new construction or existing, shall be subject to the Sewer Connection Requirements as set forth in Chapter 15 . 14 of the Palm Springs Municipal Code. 1-3 65 Ord. No. 1030 Page 15 (b) Where any existing private sewage system has failed by reason of requiring pumping or by reason I of structural failure, and where the City Sewer exists within one hundred feet (100 ' ) of the premises, then the subject premises shall be con- nected to the City Sewer within thirty (30) days following notice given by the Administrative Authority to connect. (c) No permit shall be issued for additions to, or repair of, any existing private sewage disposal systems or parts thereof, or any property where the City Sewer is available for connection within one hundred feet (100 ' ) of the premises. (d) On every lot or premises hereafter connected to the City Sewer, all plumbing and drainage systems or parts thereof on, such lot or premises shall be connected to the sewer. Delete Appendix "G" - "Swimming Pools : in its entirety. SECTION 11 . The prior "Palm Springs Building Code, " the prior provisions relating to establishment of fire zones , the prior "Palm Springs Housing Code, " and the prior "Palm Springs Plumbing Code" all of which were in effect pursuant to Ordinances Nos . 826 and 827, originally codified as Articles 801, 802 and 803 of Division 8 of the former "Palm Springs Ordinance Code" (but I which Articles have, since 1973 , existed as ordinance provisions separate and apart from the Palm Springs Municipal Code , pursuant to Section 1. 01. 002 of said Municipal Code) are each and all hereby repealed. Also, any other ordinances or parts of ordi- nances in conflict with the herein ordinance are hereby repealed. SECTION 12 . VALIDITY. If any section, subsection, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Palm Springs hereby declares that it would have passed this ordinance and each section or sub- section, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences , clauses or phrases be declared invalid. SECTION 13. EFFECTIVE DATE . This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 14 . PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. I The foregoing Ordinance was introduced after reading of the title and of the titles of the Codes adopted thereby, before the City Council of the City of Palm Springs , California, at the regular meeting of the City Council held on October 6 , 1976 , and there- after, following the public hearing pursuant to California Government Code Section 50022 . 3, the foregoing Ordinance was finally adopted at a regular meeting of said City Council held on November 3, 1976 , by the following vote, to wit: Ord. No. 1030 Page 16 AYES : Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster NOES : None ABSENT: None ATTEST: CIT OF P PRINGS, CALIFORNIA I BY� '7r �—Deputy City Clerk�J Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1030 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of November, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on November 10, 1976. DONALD A. BLUBAUGH City Clerk C(5� BY: JUDITH SUMICH Deputy City Clerk c ORDINANCE NO. 1031 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE UNIFORM FIRE CODE , 1173 EDITION, AND ALL APPENDICES, TABLES I AND INDICES FOLLOWING, WITH THE EXCEPTION OF APPENDIX F, REGULATING AND SAFEGUARDING LIFE AND PROPERTY FROM THE HAZARDS OF FIRE AND EXPLOSION; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING THE UNIFORM FIRE CODE , 1966 EDITION (FORMERLY PALM SPRINGS ORDINANCE NO. 772) AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . That certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Palm Springs , California, being marked and designated as "Uniform Fire Code 1973 Edition" and all appendices, tables and indices thereto, with the exception of Appendix F, is hereby adopted as the Fire Code of the City of Palm Springs, by reference, pursuant to the provisions of Section 50022 .1 et seq. of California Government Code, and all of its provisions except as hereinafter modified shall regulate and safeguard life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances , materials and devices , and from con- ditions hazardous to life or property in the use or occupancy of buildings or premises . SECTION 2 . The Uniform Fire Code adopted herein by reference is hereby amended by the following additions, deletions and amendments : Sections 1.010 (added) , 1.020(added) , 1.102(c) (added, 1.206, 1 .212 (b) (added) , 1 .215 , 1 .216 , 1 . 403, 11.106 (e) (added) , 13 .205 (c) (added) , 13. 301 (d) (added) , 13 . 301 (e) (added) , 13. 307 (a) , 13. 307 (c) , 13. 331 (a) , 13. 313 (b) , 15 .201 (a) , 15 . 210 (a) , 15 . 601 (a) (added) , 15 . 901, 15 .1000 (added) , 15 .1001 (deleted) , 15 .1002 (deleted) , 15 .1003 (deleted) , 15 .1004 (deleted), 15 .1005 (deleted) , 15 .1006 (deleted) , 15 .1007 (deleted) , 15 .1008 (deleted) , 15 .1009 (deleted) , 15 .1010 (deleted) , 15 . 1011 (deleted) , 19 . 106 (b) , 19 .106 (c) , 19 .106 (d) , 20 .105 (f) (added) , 20.113 (added) , 22 .102 , 22 .103 (a) , 22 .103 (b) , 22 . 103 (c) (added) , 22 . 104 (deleted) , 22 .105 (deleted) , 22 .106 (deleted) , 22 . 107 (g) (added) , 22 . 110 (c) , 22 .110 (d) , 26 .101 (a) (added) , 26 .112 (c) (added) , 26 .115 (c) (added) , 26 .117 (added) , 26 .118 (added) , Appendix F (deleted) and added Appendices G and H, in the following aspects : Add Section 1.010 - Establishment and duties of Bureau of Fire Prevention. (a) The Uniform Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of Palm Springs which is hereby established and which shall be operated under the super- vision of the Fire Chief. (b) The Chief in charge of the Bureau of Fire Prevention shall be appointed by the Fire Chief and the City Manager on the basis as set forth by the Personnel System and Regulations Rule VII. Ord. No. 1031 Page 2 (c) The Fire Chief may detail such members of the Fire Department as fire prevention officers as shall from time to time be necessary. The Fire Chief shall recommend to the City Manager the employment of technical inspectors , who when such authorization is made, shall be selected for the position as set forth by the Personnel System and Regulations Rule VII. (d) A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Fire Chief and to the City Manager; it shall contain all proceedings under this code , with such statistics as the Fire Chief shall also recommend. The Fire Chief and/or Fire Prevention Division Chief shall also recommend any amendments to the code , which, in their judgment shall be desirable . Add Section 1.020 - Definitions . (a) Wherever the term "municipality" is used in the Uniform Fire Code , it shall be held to mean the City of Palm Springs. (b) Wherever the term "corporation counsel" is used in the Uniform Fire Code, it shall be held to mean the City Attorney for the City of Palm Springs. (c) Merever the words "Chief of the Bureau of Fire Prevention" are used in the Uniform Fire Code, they shall be held to mean the Fire Prevention Division Chief. (d) Wherever the words "Bureau of Fire Prevention" are used in the Uniform Fire Code, they shall be held to mean the Division of Fire Prevention. Add Subsection 1.102 (c) - Finding. The City Council of the City of Palm Springs finds that the amendments , additions and deletions contained herein to the Uniform Fire Code, 1973 Edition, are not inconsistent with the requirements of State law contained in California Health and Safety Code Sections 17921, 17922 , 17951, 17958, 17958 . 5, and 17858. 7 and Title 25 of the California Administrative Code, in that the referenced amendments , additions and deletions do not cover subject matter referred to by said State law. Amend Section 1 .206 - Authority of Police Personnel to Assist in Enforcing this Code. Whenever requested to do so by the Fire Chief or his authorized representative , the Chief of Police may assign such available police officers as in his discretion may be necessary to assist the Fire Department in enforcing the provisions of this Code. Amend Section 1 .212 - Compliance . (a) Any person operating or maintaining any occupancy, premises or vehicle subject to this Code who shall permit any fire hazard to exist on premises under his control or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the Fire Chief or his duly authorized representative shall be guilty of a misdemeanor. (b) Any order or notice issued or served as provided in this Code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the order or notice pertains . In cases of extreme danger to persons or property immediate com- pliance shall be required. If the building or other premises is owned by one person and occupied by another, under lease or otherwise , and the order or notice requires additions or Ord. No. 1031 Page 3 changes in the building or premises such as would immediately become real estate and be the property of the owner of the building or premises , such order or notice shall be complied with by the owner unless the owner and occupant have other- wise agreed between themselves, in which event the occupant shall comply. (c) No person shall remove a tag affixed under Section 1. 210 (b) of this Code without authority to do so. (d) No person shall use a building, premises or thing in violation of a tag affixed under Section 1. 210 (b) of this Code. (e) Violation Penalty. Any person who violates any of the provisions of this Code or who fails to comply with any order made thereunder, or who builds in violation of any detailed statement or specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified after appeal, within the required time, is severally for each such violation and noncompliance guilty of a misdemeanor punish- able by a fine of not more than five hundred dollars or by imprisonment in the city jail or in the Riverside County jail for not more than six months or by both such fine and imprison- ment. Each person is guilty of a separate offense for each day or portion thereof during which any violation of any provision of this Code is committed, continued or permitted by such person after notification of the initial violation and shall be punishable therefor as provided herein. The application of the penalty provided in this section shall not be held to prevent the abatement of prohibited conditions as a public nuisance as provided by Section 1. 01. 170 of the Palm Springs Municipal Code. Amend Section 1. 215-Board of Appeals. In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and is hereby created a Board of Appeals, consisting of seven members who are qualified by experience and training to pass upon pertinent matters. The Board of Appeals shall be appointed by the City Council. Board members shall not be employees of the City and shall serve with- out compensation. Members may be dismissed by a majority vote of the City Council, but otherwise each member shall serve an indefinite term. Vacancies shall be filled in the same manner as the original appointment. All matters before the Board shall be administered by the Fire Chief or his authorized rep- resentative. The Board shall adopt reasonable rules and regu- lations for hearing appeals and conducting its business and such rules and regulations shall be freely accessible to the I public. The Board shall render all decisions and findings in writing with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent there- with. Amend the first sentence of Section 1 .216-Compliance with Recognized Standards . Whenever this Code is inapplicable or any reason o any situation involving the protection of persons and property from the hazards of fire and explosion, the materials , methods of construction, installations , practices , or operations necessary to 3'7;3 Ord. No. 1031 Page 4 provide such protection shall , to a reasonable degree , be in accordance with nationally .recognized and accepted standards , principles and tests and generally recognized and well estab- lished methods of fire prevention and control . The latest edition of the publications disseminated by the following recognized national authorities and technical or scientific organizations shall be considered as prima facie evidence of said nationally recognized and accepted standards , principles and tests and generally recognized and well established methods of fire pre- vention and control . Amend Section 1 .403-Assembly- Assembly shall mean the gathering Together of 50 or more persons for such purposes as deliberation, education, instruction, worship, entertainment , amusement , awaiting transportation, or of 50 or more persons in drinking or dining establishments. Add Subsection 11.106(e)- Establishment of Limits of Districts in Which Storage of Explosives and Blasting Agents is to be Pro- hibited. The limits referred to in Section 11. 106 (b) , (c) , and (d) , of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited are hereby established as follows: PROHIBITED IN ALL FIRE ZONES 1, 2 , 3, AND/OR ALL DISTRICTS. Amend Subsection 13.205(c),- Fire Lanes on Private Property,Devoted To Public Use. In all locations where access for fire suppression or rescue purposes is unduly difficult or subject to obstruction the Fire Chief may designate fire lanes and cause them to be posted as such. No person shall obstruct such fire lanes in any manner that would deter or hinder the Fire Department from gaining immediate access and use of such designated fire lane. Amend Subsection 13.301(dl. In all Group H occupancies there shall be one or more_ Class "2A" rated fire extinguishers permanently mounted in an approved location within an approved cabinet. Each extinguisher shall be in a readily accessible and visible location with the top of the extinguisher not more than five feet (5 ' ) above the grade or floor level of the building. The distance of travel to an extinguisher from any point, shall not exceed seventy-five feet (75 ' ) . EXCEPTION: The requirement for fire extinguisher cabinets may be waived if good cause is shown to the Fire Prevention Division Chief. Add Subsection 13.301(e) . Approved fire extinguishing equipment conforming to National Fire Prevention Association (NFPA) No. 96-1973 Chapter 10 shall be provided in all commercial food heat-processing ventilating systems. EXCEPTION: All existing commercial occupancies equipped with an approved automatic fire sprinkler system throughout including the commercial food heat- processing ventilating system need not comply with this sub- section. Amend Subsection 13.307(a) . Every apartment house three stories or more in height, oror containing more than 15 apartments, and every hotel three or more stories in height or containing 20 or more guest rooms shall have installed therein an automatic or manually operated fire alarm system. Such fire alarm system shall be so designed that all occupants of the building may be warned simultaneously. Ord. No. 1031 Page 5 Amend Subsection 13.30i(c) . Installation, inspection, and maintenance of fire alarm systems shall be according to the standards of the National Fire Codes of the National Fire Protection Association. Amend Subsection 13.311(a)- General. Wet standpipes shall comply with the requirements of this section. Occupancy classifications shall be as determined by the Building Code. Required wet standpipes extending from the cellar or basement into the topmost story shall be provided in Groups A and B, Division 1 and 2 occupancies with an occupant load exceeding 1000; in Group D, E, F, G, and H Occupancies , three or more stories in height; and in Groups E and F occupancies having a floor area exceeding 20, 000 square feet per floor. Amend Subsection 13.313(b)-Where Required. Every building, four stories or more in height, shall be provided with not less than one standpipe for Fire Department use during construction. Such standpipe shall be installed when the progress of con- struction is not more than 30 feet in height above grade. Such standpipe shall be provided with Fire Department inlet con- nections at accessible locations adjacent to usable stairs , but in no case shall the distance from the curb line to Fire Department connection exceed forty feet (40 ' ) . Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having a secured decking or flooring. Amend Subsection 15.201(a)- Establishment of Limits of Districts in Which Storage of Flammable Liquids in Outside Aboveground Tanks is to be Prohibited. a) The limits referred to in Section 15. 201 of the Uniform Fire Code in which storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: PROHIBITED IN ALL FIRE ZONES 1, 2, 3, AND/OR ALL DISTRICTS. Amend Subsection 15.210(a)- Location. A flammable or combustible storage tank shall not be located under a building. The tank shall be so located with respect to existing foundations and supports that the loads carried by the latter cannot be trans- mitted to the tank. The distance from any part of a tank storing Class II or III liquids to the nearest wall of any basement, pit or cellar or property line shall be not less than one foot. The distance from any part of a tank storing Class I liquids to the nearest wall or any basement, pit or cellar shall be not less than 1 foot and from any property line that may be built upon , not less than 3 feet. A minimum distance of 1 foot, shell to shell, shall be maintained between underground tanks. Amend Subsection 15.601(a) . The limits referred to in Section 15. 601 of the Uniform Fire Code in which new bulk plants for flammable liquids are prohibited, are hereby established as follows: PROHIBITED IN ALL FIRE ZONES 1, 2 , 3, AND/OR ALL DISTRICTS. 37 Ord. No. 1031 Page 6 Amend Section 15. 901-Locations . The operation of a chemical plant, distillery, refinery or plant storing or handling crude petroleum shall be prohibited in all fire zones and/or all districts. Add Section 15. 1000-Prohibition. Crude oil production is prohibited in all fire zones and/or all districts. Delete Section 15. 1001. Delete Section 15. 1002 . Delete Section 15. 1003. Delete Section 15. 1004. Delete Section 15. 1005. Delete Section 15. 1006. Delete Section 15 . 1007. Delete Section 15. 1008. Delete Section 15. 1009. Delete Section 15. 1010 . Delete Section 15. 1011. Amend Subsection 19.106(b)- Organic Peroxides. Organic peroxides shall be prohibited in all fire zones and/or all districts . Amend Subsection 19.106(c)- Nitromethane. Nitromethane shall be prohibited in all fire zones and or all districts. Amend Subsection 19.106(d)- Ammonium Nitrate . Ammonium Nitrate shall be prohibited in all fire zones and/or all districts . Amend Subsection 20.105(f)- Establishment of Limits of Districts in Which New Bulk Storage of Liquefied Petroleum Gases is to be Restricted. The limits referred to in Section 20. 105 (a) , (b) , (c) , (d) , and (e) , of the Uniform Fire Code , in which the bulk storage of liquefied petroleum gas is restricted, are hereby established as follows : INSTALLATIONS SHALL BE REGULATED BY THE FIRE DEPARTMENT AND STATE LAWS. Add Section 20 . 113-New Installations of Liquefied Petroleum Gas . All new installation of liquefied petroleum gas with a capacity of 2000 gallons or more shall be protected by an approved auto- matic fixed water spray system. The system shall protect the entire surface area of the tank and the cargo tanker transfer area. The system shall be calculated to provide a minimum density of . 25 gallons per minute per square foot. Amend Section 22. 102-Permit Required. A permit shall be obtained for the machining or grinding of more than 10 pounds of magnesium per working day. No permit will be issued for the melting, casting or heat treating of magnesium. Amend Subsection 22.103(a)- Storage of Pigs , Ingots and Billits. Storage of magnesium pigs, ingots and billits out-of-doors shall be in piles not exceeding 10 , 000 pounds each, separated by aisles not less than three feet (3' ) in width and separated from com- bustible material or buildings by a distance of not less than six feet (6 ' ) . Ord. No. 1031 Page 7 Amend Subsection 22.103(b) . Storage of pigs, ingots and billets En buildings shall be on floors of non-combustible construction, in piles not exceeding 500 pounds each. The total allowable storage within buildings used for machining and grinding operations shall not exceed 2500 pounds. Piles shall be kept a minimum distance of six feet (6 ' ) from combustibles. Amend Subsection 22.103(c) . Storage areas and methods shall be subject to the approval of the inspection authority. Delete Section 22. 104. Delete Section 22. 105 . Delete Section 22 . 106 . Amend Subsection 22.107(g) . Liquid coolants used in machine process shall be approved by the Chief or his authorized representative. Amend Subsection 22.110 (c) . Quantity of fine magnesium scrap allowed 'to accumulate shall not exceed the capacity of two fifty-five (55) gallon steel drums per day and shall not be allowed to remain on the premises. Amend Subsection 22.110(d) . Methods of disposing of fine magnesium scrap shall be approved by the Division of Fire Prevention. Amend Subsection 26.101(a)- Storage or Display in Roofed-Over Malls. No combustible goods , merchandise or decorations shall be dis- played or stored in a roofed-over mall unless approved by the Fire Prevention Division. Amend Subsection 26.112(c) . Owner, agent or lessee shall notify the Fire Prevention Division Chief at least ten (10) days prior to each performance , exhibition, display, contest or other activity, in writing, (when attendance is planned or expected to exceed three hundred (300) or more) of said performance or activity. Amend Subsection 26.115(c)- Tiki and/or Luau Torches. Not with- standing the foregoing, all portable torches using liquid fuel shall be prohibited when used in relationship with any public meeting or gathering for any purpose. Add Section 26. 117-Detailed Requirements for Installation of Permanent Tiki and/or Luau Torches Using Liquid Fuel. 1. Installer shall obtain a permit from the Building Division of the Department of Community Development after review and approval of the application for said permit by the Fire Prevention Division. I 2. Maximum length of flame shall not exceed twenty-four (24) inches. 3. Flame shall be a minimum of eight feet (8 ' ) from ground level and entire torch shall be entirely on private property. 4. Minimum size of pipe support shall be one and one half inches (1 1/2" ) in diameter. 5. A radius of five feet (5' ) between torch burner and com- bustibles shall be maintained. 377 Ord. No. 1031 Page 8 6. Torches mounted on ground shall be imbedded at least twelve inches (12") in an eighteen inch (18" ) cube of concrete or more if necessary to insure stability and shall be mounted perpendicular at right angle to the ground. I 7. When torch is exposed to vehicular traffic, adequate pro- tection shall be provided. Add Section 26 . 118-Detailed Requirements for Installation of Permanent Tiki and/or Luau Torches Using Natural Gas. 1. Installer shall obtain a permit for natural gas piping and any electrical wiring from the Building Division of the Department of Community Development after review and approval of the application for said permit by the Fire Prevention Division. 2 . Maximum length of flame shall not exceed twenty-four (24) inches. 3. The flame shall be a minimum of eight feet ( 81 ) from ground level and entire torch shall be entirely on private property. 4. Minimum size of pipe support shall be one and one-half inches (1 1/2" ) in diameter. Exception: If mounted on a structure and braced to the satisfaction of the inspection authority, minimum size may be one inch (1") . 5. A radius of five feet (5' ) between torch burner and combustibles shall be maintained. 6. Torches mounted on the ground shall be imbedded at least twelve inches (12" ) in an eighteen inch (18") cube of con- crete or more if necessary to insure stability. Torches mounted on buildings shall be adequately supported. 7. When torches are exposed to vehicular traffic, adequate protection shall be provided. 8. An approved shut-off valve shall be located at or near the base of the torch and a labeled secondary shut-off shall be located at a readily accessible remote location. Secondary valves may operate one or more torches. Delete Appendix F. Add Appendix G-Plans and Specifications. With each application for a building permit, one set of plans and specifications for such building shall be submitted to the Division of Fire Pre- vention. Such plans and specifications shall be complete, and after approval, work specified therein shall be executed strictly in accordance with such approved plans and specifi- cations. Any change, erasure, alteration, or modification, affecting fire and life safety, or any drawing or specification bearing the stamp of the Division of Fire Prevention, auto- matically voids the approval of such drawing and specifications unless permission in writing has been obtained from the Division of Fire Prevention for such changes. EXCEPTIONS : 1. One story buildings of Type V, conventional wood stud con- struction with an area not exceeding 750 square feet. 2. Group I occupancies. 3. Group J, Division 1 and 2. 4. Small and unimportant work. Ord. No. 1031 Page 9 Plans and specifications bearing the stamp of the Bureau of Plans and Specifications bearing the approved stamp of the Division of Fire Prevention shall expire , by limitation, if construction has not commenced within one (1) year from date of stamp. Suspension or abandonment of construction for one hundred eighty (180) days shall also cause expiration of stamped plans and specifications. Add Appendix H-Rockets . 1. "Rockets" Defined. For the purpose of this appendix, the term "rocket" is defined as any object, device or contri- vance designed, intended to be used as a self-propelled projectile or missile and the propulsion of which is or is to be accomplished by the expulsion of gas, gasses or other substance liberated by combustion or compression from the object, device or contrivance during the course of flight. 2. Discharge of Rockets. (a) No person shall fire, discharge or launch any rocket from any place within the City of Palm Springs or engage in immediate preparation so to do; and no person shall fire, discharge or launch any rocket from any place outside the City of Palm Springs in such a manner as to cause such rocket to fall into or land within the City of Palm Springs. (b) No person shall cause, suffer or permit any agent, employee or servant to do any act prohibited in I Subsection (a) above. (c) No parent, guardian or other person in charge of or in control of any minor person under the age of eighteen (18) years shall suffer, permit, cause or aid or assist such minor person to do any act prohibited in subsection (a) above. 3. Rocket Fuels. No person shall have in possession within the City of Palm Springs any compound, chemical or other substance for the purpose of experimenting with, mixing or using the same as fuel or propellant for any rocket; and no parent, guardian or other person in charge of or in control of any minor person under the age of eighteen (18) years shall suffer, permit, cause, aid or assist such minor person to do any action herein prohibited. This section shall not be deemed to apply to the possession of any such compound, chemical, or other substance within or in transit to the industrial zone (M-1) where a permit for such possession has been obtained from the Fire Prevention Division Chief. EXCEPTIONS : Nothing in this appendix shall be construed as applying to the military forces of the United States , the duly authorized militia of this State, or the Police and Fire Departments , in the proper performance of their duties. SECTION 3. Ordinance No. 772 of the City of Palm Springs and any ordinances or parts of ordinances in conflict herewith are repealed. 379 Ord. No. 1031 Page 10 SECTION 4 . If any section , subsection, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Palm Springs hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections , subsections , sentences , clauses or phrases be declared invalid. SECTION 5 . EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 6 . PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN , a daily newspaper of general circulation, printed, published and cir- culated in the City of Palm Springs , California. The foregoing Ordinance was introduced after reading of the title and of the title of the Code adopted thereby, before the City Council of the City of Palm Springs, California, at the regular meeting of said City Council held on October 6 , 1976 , and thereafter, following the public hearing pursuant to Section 50022 . 3 of the Government Code of the State of California, the foregoing Ordinance was finally adopted at a regular meeting of said City Council held on November 3, , 1976 , by the following vote, to wit: AYES : Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster NOES : None ABSENT: None ATTEST: CIT O P 4S RINGS, CALIFOR141A BX ter- ��-- \D-iputy City Clerk P Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1031 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of November, 1976, and that same was published in TIE DESERT SUN, a newspaper of general circulation, on November 10, 1976. DON9LD A. BLUBAUGH City Clerk L _-., BY: JUDITH SUMICH Deputy City Clerk 330 ORDINANCE NO. 1032 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING TITLE 8 OF THE PALM SPRINGS MUNICIPAL CODE BY INSERTING THEREIN REFERENCE TO THE UNIFORM BUILDING CODE, THE UNIFORM BUILDING CODE STANDARDS , THE UNIFORM HOUSING CODE, THE UNIFORM CODE FOR THE ABATE- MENT OF DANGEROUS B?TILDINGS, THE UNIFORM MECHANICAL CODE AND THE UNIFORM PLUMBING CODE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. A new chapter, to be numbered 8. 04 is hereby added to the Palm Springs Municipal Code, to read as follows: Chapter 8.04 U14IFORM BUILDING CODE 8. 04 .010 Incorporation by reference. The following ordinance of the City relating to adoption of a building code hereby is incorporated herein by this reference and shall continue in effect until hereafter superseded, amended or repealed by proper authority: I Ordinance 1030 Date 11/3/76 Number Passed TITLE OF ORDINANCE An ordinance of the City of Palm Springs , California, adopting the Uniform Building Code, 1973 Edition, and all appendices , tables and indices following, with the exception of Appendix Chapters 15 , 23, 35, 38, 48, 51, and 57; adopting the Uniform Building Code Standards , 1973 Edition; adopting the Uniform Housing Code, 1973 Edition, the Uniform Code for the Abatement of Dangerous Buildings, 1973 Edition; adopting the Uniform Mechanical Code, 1973 Edition, and all appendices , tables and indices following; adopting the Uniform Plumbing Code, 1973 Edition, and all appendices , tables and indices following, with the exception of Appendix G; all providing minimum standards to safeguard life, property, and public welfare by regulating and controlling the design, construction, quality of materials , use and occupancy, location, maintenance, and the con- I tinuing safety of all buildings and structures , appurtenant equipment, and grounds improvements within the city; providing penalties for the viola- tion thereof; and repealing the local codes super- seded thereby and all ordinances and parts of ordinances in conflict therewith. 381 Ord. No. 1032 Page 2 8 .04 . 020 Citation of Building Code . This chapter, the Uniform Building Code , 1973 Edition, the Uniform Building Code Standards , 1973 Edition, the Uniform Housing Code, 1973 Edition, the Uniform Code for the Abatement of Dangerous Buildings , 1973 Edition, the Uniform Mechanical Code, 1973 Edition, and the Uniform Plumbing Code , 1973 Edition, said Ordinance No. and all amendments thereto, may be collectively re- ferred to and cited as the "Palm Springs Building Code. " 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 November , 1976 . AYES : Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster NOES: None ABSENT: None ATTEST: CITY OF IC1 S RINGS, CALIFORNIA �;Ueputy City Clerk / Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1032 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of November, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on November 10, 1976. DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH Deputy City Clerk ORDINANCE NO. 1033 AN ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE BY INSERTING THEREIN REFERENCE TO THE UNIFORM FIRE CODE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1. A new chapter, to be numbered 11. 02 is hereby added to the Palm Springs Municipal Code, to read as follows : Chapter 11. 02 UNIFORM FIRE CODE 11. 02 . 010 Incorporation by reference The follow- ing ordinance of the City Council relating to adoption of a fire code hereby is incorporated by this reference and shall continue in effect until hereafter superseded, amended or repealed by proper authority: Ordinance Date Number 1030 Passed 11/3/76 TITLE OF ORDINANCE An ordinance of the City of Palm Springs , California, adopting the Uniform Fire Code , 1973 Edition, and all appendices , tables and indices thereto (with the exception of Appendix F) , regulating and safe- guarding life and property from the hazards of fire and explosion; providing penalties for the violation thereof; and repealing the Uniform Fire Code, 1966 Edition (formerly Palm Springs Ordinance No. 772) and all ordinances and parts of ordinances in con- flict therewith. 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 November 1976. AYES: Councilmembers Beadling, Beirich, Doyle, Field. and Mayor Foster NOES : None ABSENT: None ATTEST: ` CITY �F/pPAINGS, CALIFORNIA BY y//ll�V�[[/lam Dep�ity City Clerk Mayor REVIEWED & APPROVED �pp/' G !/ 383 I I 384 I HEREBY CERTIFY that the foregoing Ordinance 1033 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of November, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on November 10, 1976. DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH Deputy City Clerk 385 1 1 3 A ni ORDINANCE NO. 1034 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.84.030 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAX RATES FOR TAXICAB OPERATIONS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 3.84.030 of the Palm Springs Municipal Code is hereby amended to read as follows: 3.84.030 Automobiles for hire -- U-drive automobiles -- Taxicabs for hire. For operating any taxicabs for hire or U-drive automobiles, including yearly leasing, the fee shall be five hundred dollars per year. The fee for out- of-town operators shall be seven hundred fifty dollars per year. If the taxicab operation is by a master licensee with "indeoendent" drivers, the fee may be paid by the main licensee in which event the fee shall be two hundred dollars per taxicab per year (computed in accordance with the highest number of taxicabs in operation at any one time during the tax year) . SECTION 2. Notwithstanding the provisions of Section 1 , for any "master licensee" during the October 1976 to September 1977 tax year the fee shall be $200.00 per taxicab prorated on a monthly basis, depending on the highest number of taxicabs in operation during each given calendar month, provided that the prorated fee computa- tion attributable to any month shall in every case be computed at a sum at least as high as the sum for the preceeding month. Section 3. EFFECTIVE DATE. The rates established in Section 1 shall be applicable to business operations from and after October 1 , 1976. 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. ADOPTED this 3rd day of November , 1976. AYES: Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster NOES: None ABSENT: None ATTEST: CITY OF PAP PRINGS, CALIFORNIA /fr 1 Deputy City Clerk Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the fdregoing Ordinance 1034 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of November, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on November 10, 1976. DONALD A. BLUBAUGII 28 c Clerk i--y- \-f DeDutvUCity ClerkH i i 38 F3 ORDINANCE NO. 1035 I AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING SECTION 94403.00-D.-1.-I, OF THE PALM SPRINGS ZONING ORDINANCE TO REQUIRE ARCHITECTURAL REVIEW OF ALL MULTIPLE RESIDENTIAL DWELLINGS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 9403.00-Dot.-1. of the Palm Springs Zoning Ordinance is hereby amended to read as follows: 1 . All multiple residential units. 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. ADOPTED this 3rd day of _ November 1976. I AYES: Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA dm l C�Oeputy City Clerk Mayor REVIEWED ANH'e PAVED I IEREBY CERTIFY that the foregoing Ordinance 1035 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of November, 1976, and that same was pub- lished in TIE DESERT SUN, a newspaper of general circulation, on November 10, 1976. DONALD A. BLUBAUGH City Clerk r BY: JUDITH SUMICH Deputy City Clerk 5 c 389 I `f } `l ORDINANCE NO. 1036 AN ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING CHAPTER 14. 16 (EN- CROACHMENTS IN PUBLIC RIGHTS-OF-WAY) OF THE PALM SPRINGS MUNICIPAL CODE, BY ADDING CERTAIN SECTIONS RELATING TO PUBLICATION VENDING MACHINES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 14. 16 of the Palm Springs Municipal Code relating to regulation of, and permits for, encroachments in or on public rights-of-way, is hereby amended by the addition thereto of new sections, to be numbered 14. 16. 461 to 14. 16 . 466 inclusive, to read as follows : 14. 16. 461 Publication vending machines. (a) For the purposes of this chapter, "publication vending machine" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display or sale of any written or printed material, including but not limited to, newspapers, news periodicals, magazines , books , pictures, photographs and records. ' (b) No person shall install, place, use or maintain any publication vending machine in or on any right-of-way without first having obtained a permit as required by this chapter, or without such permit being in full force and effect. (c) No person who has installed, placed, used or maintained any publication vending machine in or on any right-of-way shall fail, refuse or neglect to comply with all standards and requirements specified in this chapter or in regulations duly adapted by the city manager pursuant to authority delegated by this chapter, nor shall any such person fail, refuse or neglect to comply with all terms and conditions of any applicable permit issued pursuant to this chapter. 14. 16. 462 Publication vending machines--Standards for installations and for continued maintenance. Every publication vending machine, or group of such machines, installed, placed, used or maintained in or on any right-of-way, shall conform at all times to each and all of the following standards: (1) No publication vending machine shall project onto, into or over any part of the roadway (as that term is defined by S 530 of the Vehicle Code) of any public street or highway, nor shall any such machine rest, wholly or in part, upon, along, or over any portion of such roadway. (2) No person shall install, place, use or main- tain any publication vending machine when such installation, placement, use or maintenance endangers the safety of per- sons or property, or when the site or location is used for public utility purposes, public transportation purposes or Ord. No. 1036 Page 2 other governmental use, or when such publication vending machine unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle , the ingress into or egress from any residence or place of business , or the use of poles , posts , traffic signs or signals , hydrants , mailboxes , or other objects permitted at or near said location. (3) No publication vending machine shall exceed four feet in height, thirty inches in width , or two feet in thickness provided that stacking of machines may be allowed if adjacent to a building or mounted in a wall. (4) Publication vending machines shall be placed near a curb or adjacent to, or in a wall or a building. Such machines placed near the curb shall be placed no less than thirty-six inches from the edge of the curb unless it is marked red, and in that event no less than eighteen inches from the edge of the curb. Those machines placed adjacent to the wall of a building shall be placed parallel to such wall and not more than eighteen inches from the wall. No such machine shall be placed or maintained on the sidewalk or parkway opposite another publication vending machine or group of such machines where placement will cause the effect of an alleyway. ("Parkway" for purposes of this chapter means that area between the sidewalks and the curb of any street or highway, and when there is no sidewalk , that area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular traffic. ) (5) No publication vending machine shall be chained, bolted or otherwise attached to property now owned by the owner of said machine or to any permanently fixed object, un- less the owner of said machine shall have first obtained the written permission of the owner of the object to which the machine is affixed. (6) Publication vending machines may be placed next to each other, provided they are uniform in nature and that no group of said machines shall extend more than twelve and one- half feet along a curb and a space of no less than three feet shall separate each such group of machines where such grouping affects passageway. Groups of machines may be placed in "L" or "U" shapes where such grouping does not interfere with the flow of traffic. ( 7) Such machines may be chained or otherwise attached to one another. (8) No such machine permitted under paragraph 7 hereof shall weigh, in the aggregate , in excess of one hundred fifty pounds when empty unless easily separable. (9) Notwithstanding any other provision of this chapter, no publication vending machine shall be placed, installed, used or maintained: (A) Within five feet of any marked crosswalk. (II) Within fifteen feet of the curb return of any I unmarked crosswalk. (C) Within five feet of any fire hydrant, fire call- box or any other emergency facility. (D) Within five feet of any driveway. (E) Within five feet ahead of or twenty-five feet to the rear of any sign marking a designated bus stop. (F) Within six feet of any bus bench. (G) In any location whereby the cross space or the passageway of pedestrians is reduced to less than six feet. Ord. No. 1036 Page 3 (H) Within three feet of any area improved with lawn or flowers , or within three feet of any display win- dow or any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reason- able use of such window for display purposes . (I) Within one hundred feet of any other such machine on the same side of the street within the same block containing the same edition of the same publication , unless said machine is immediately adjacent to the machine carrying said same edition and is necessary to satisfy greater market demand. (10) No such machine shall be used for advertising signs or publicity purposes other than dealing with the display, sale , or purchase of the publications sold there- in. (11) Each such machine shall be maintained in a clean, neat and attractive condition and in good repair at all times. (12) Should the regulations contained in paragraphs 6 , 7 and 9 hereof result in less space being available at a given location , than would be necessary to accommodate all the applicants desiring to place machines thereat, then the priority for permit issuance shall be in the following order (provided that this is not intended to be authority to displace any existing permittee without such permittee 's consent) : I (A) Newspapers carrying legal notices of the City. (B) Daily newspapers. (C) Weekly publications. (D) All other publications. (13) Each such machine shall have affixed thereto the dealer' s and the owner 's name and address in a place where it may be seen by anyone using the machine, in compliance with these and any other requirements of Section 17570 of the California Business and Professions Code. 14. 16 .463 Publication vending machines--Authority of city manager to adopt regulations . The city manager is Aereby empowered to adopt, and cause to be enforced, rea- sonable standards and regulations (not inconsistent with this chapter) to implement the provisions and purposes of this chapter, based upon street and pedestrian traffic require- ments , access to parking places and facilities , and public safety, health and welfare. This includes authority to promulgate standards for uniformity of design and appearance of machines for which permits will be issued, in an effort to minimize adverse visual aspects and other detriments to the public interest. The city manager is further empowered to adopt a reasonable program for fixing times for compliance by present users who are nonconforming with respect to possessing permits or being in compliance with this chapter or the standards and regulations to be adopted in implementation, with a view to not causing nonconforming users to have to be in compliance at any earlier time than would be practically and economically reasonable in each individual case, while at the same time achieving the purposes herein sought at the earliest time which is legal and appropriate. 393 Ord. No. 1036 Page 4 14. 16. 464 Publication vending machines--Special pro- visions re permits and applications therefor. (a) No I+ permit under this chapter for a publica on vending machine shall be issued, nor be deemed in force and effect, unless the following items are complied with, and kept current as applicable: (1) Every applicant shall file a written statement (satisfactory to the city attorney) that he understands and agrees that upon a permit being issued the permittee assumes liability and "hold harmless" obligations as specified in Section 14. 16. 110 of this chapter. (2) Every applicant shall demonstrate that a business license for the business activity involved has been issued or applied for, Thereafter the said license shall be kept current as a condition of the permit remaining in effect. (3) Every applicant and permittee shall provide initially, and thereafter upon demand by the director, satisfactory evi- dence that he has, and will keep in force as long as the publication vending machine is allowed to remain on public property, a policy of public liability insurance against lia- bility for injuries to persons or property arising out of accidents attributable to the publication vending machine (s) on city property, with limits of at least One Hundred Thousand ($100, 000) Dollars for injury or death to any one person, Three Hundred Thousand ($300, 000) Dollars for injury or death arising from any one accident or occurrence, and Ten Thousand ($10 ,000) Dollars for property damage. The policy of insurance so provided shall contain a contractual liability endorsement covering the "hold harmless" liability assumed by the permittee by the terms of his permit and shall contain a provision that such policy may not be cancelled except after thirty days notice in writing given to the City Clerk of the City of Palm Springs. Copies of these policies or certifi- cates evidencing the same shall, after approval of the City Attorney, be filed with the officer of the city in charge of the city' s insurance program. (4) The bond requirement in Section 14 . 16 . 200 of this chapter may be waived by the director in any case when he deems it in the public interest so to do. 14. 16 . 465 Publication vending machines--Removal of machines in violation. Upon determination by the director that a publication vending machine has been installed, placed, moved, used or maintained in violation of any provision of this chapter, the following procedure may be utilized in lieu of, or in addition to, other available legal remedies (such as prosecution or public nuisance abatement) . If the offend- ing machine is not properly identified as to the owner, under the provisions of this chapter, and if its ownership is other- wise not apparent to the director, the machine shall be re- moved immediately and processed as unclaimed property (unless ownership is thereafter claimed and substantiated) under applicable provisions of law. In other cases, an order to correct the offending condition may be issued to the owner or custodian of said machine. Such order shall be telephoned (if practicable) to the owner or custodian and confirmed by mailing a copy of said order by certified mail, return receipt Ord. No. 1036 Page 5 requested. The order shall specifically describe the offending condition and suggest actions necessary to correct it. Failure to properly correct the offending condition within seven days after the mailing of the order shall result in the offending machine being summarily removed. Thereafter the director shall take reasonable steps to notify the owner thereof-. Upon failure of the owner to claim such machine and pay the expenses of removal and storage within thirty days after such removal, the machine shall be processed as un- claimed property under applicable provisions of law. Whenever a machine mentioned in this section has had a violation corrected, or has been reinstalled after re- moval under this section, the director shall cause an inspection to be made thereof, and the permittee shall be charged an additional inspection fee or fees in such amount or amounts as may have been established by resolution of the city council. Any person aggrieved by any action taken under this section shall have his rights of appeal per sections 14 . 16 . 510 et seq. of this chapter. Upon the filing of any such appeal , if the city manager does not take action to adjust the matter to the appellant' s satisfaction , the appeal shall. be presented to the city council per the above-mentioned sections . 14. 16. 466 Other violations . In the case of viola- tions o'f this chapter relative to restrictions upon attach- ments of said machines to property other than that owned by the owner of the machine, to fixed objects or each other, and upon locations of said machines, any city em- ployee authorized by the city manager, may, as an alternative to removal under the provisions of this chapter, remove such attachment and/or move such machine or machines in order to restore them to a legal condition. 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 1st day of December , 19 76 AYES: Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster NOES: None ABSENT: None ATTEST: CIT ' 0 1A NI SP INGS, CALIrORNIA Deputy City Clerk _ K yor —'— REVIEWED & APPROVED y� I HEREBY CERTIFY that the foregoing Ordinance 1036 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the lst day of December, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on December 10, 1976. NALD A. BIi�BAUGH Ci y Clerlt/ti / BY: JUDITII SUMICH \�Deputy City Clerk .39�.� I 1 ORDINANCE NO. 1037 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING SECTIONS CONCERNING THE INTENT, PERMITTED AND PROHIBITED USES AND PROPERTY DEVELOPMENT STANDARDS OF THE C-1 RETAIL BUSINESS ZONES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: I SECTION 1 . Sections 9216.00, 9216.01 , 9216.02, and 9216.03 of the Palm Springs Zoning Ordinance, are hereby amended to read as follows: SECTION 9216.00: C-1 RETAIL BUSINESS ZONE The C-1 Zone is intended as a business district, primarily retail business in character, with related hotels, service, office, cultural , and institutional uses. SECTION 9216:01 : USES PERMITTED A. USES PERMITTED Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, altered or en- larged only for the following uses. All uses shall be subject to the standards in Section 9216.03. Antique shops Apparel stores Art galleries Artists studios I Art schools Athletic or Health Clubs Bakeries (retail ) Banks and Savings & Loan Institutions Barber shops Baths, turkish and the like Beauty parlors Book and stationery stores Confectionery stores Dancing studios Department stores Drug stores Film and camera sales and exchange Florist shops Food stores and Delicatessen Furniture stores Gift and Hobby shops Hardware and appliance stores Hotels and apartment houses, subject to the R-3 Zone Density and Development Standards. Jewelry stores Laundromats Libraries Liquor stores Museums I Newsstands 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. Pet stores, pet grooming Photographers studios Private clubs 5 a 1 397 5 a 2 Radio, television and music shops and service Restaurants, with or without outdoor dining, excluding drive-in or drive through restaurants Security exchange Shoe stores Supermarket Tailor shops Theatres, movie and legitimate stage Travel agencies Toy stores Accessory uses customarily incident to the permitted uses and located on the same lot therewith. B. USES PERMITTED BY CONDITIONAL USE PERMIT The following uses may be permitted subjectto approval of a Conditional Use Permit, as provided in Section 9402.00: 1 . Automobile parking lots not in conjunction with a per- mitted use, subject to the provisions of Section 9306.00 2. Automobile service stations 3. Automobile parking structures a Churches 5. Cocktail Lounges and Night Clubs as a primary use 6. Commercial recreational facilities 7. Convention center B. Lodges, meeting halls 9. Movie, television and radio studios. The following standards shall apply: I a. Building coverage not to exceed forty (40) percent of site area. b. All activities, including storage of supplies, equip- ment, trucks and/or buses, be confined and/or conducted within permanent buildings. c. No masts, towers or similar structures used for trans- mission or broadcasting purposes, be constructed or maintained on the site. d. The property involved shall front upon a "major" or "secondary" thoroughfare as designated on the General Plan of the City of Palm Springs. e. The site shall be a minimum of gross five (5) acres. SECTION 9216:02: USES PROHIBITED All uses and' structures not permitted in Section 9216.01 are here deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this Zone by Commission determination. Automobile sales and major repair Dog Kennels and Catteries I Industrial uses Motor scooter, motorbike and motorcycle rentals and sales, both as a primary and accessory use. Pinball machines, shooting galleries, and electronic games as a primary use. Single family residences Wholesale and warehousing. SECTION 9216.03: PROPERTY DEVELOPMENT STANDARDS The following property development standards shall apply to all land and buildings in the C-1 Zone, except that any lot shown on an official subdivision map duly approved and recorded, or any lot for which a bona fide deed had been duly recorded at the time Ordinance No. 75 became effective on January 12, 1940, may be 'used as a building site. A. LOT AREA Each lot shall have a minimum area of twenty thousand (20,000) square feet. B. LOT DIMENSIONS 1 . Each lot shall have a minimum width of one hundred (100) feet. 2. Each lot shall have a minimum depth of one hundred and fifty (150) feet. 3. Each building site shall have a minimum frontage of one hundred (100) feet on a dedicated and improved street. 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. I 2. Permitted Projections Above Building Height Limit. The provisions of Section 9303.00 shall apply. D. SETBACK & YARDS 1 . Building Setbacks Where the C-1 Zone fronts, sides or rears on any street there shall be a minimum five (5) foot building setback from property line along the entire street frontage except as follows: a. That the setback may be reduced along a portion of the frontage provided the remainder of the setback is in- creased an equal amount so as to provide an average setback of not less than five (5) feet and further provided the setback area is not less than twenty-five percent (25%) of the width of the frontage. 2. Yards a. Fifty percent (50%) of all yard areas created as a result of minimum building setback requirements above shall be maintained in decorative landscaping. b. Where the C-1 Zone sides or rears directly on property in a residential zone, there shall be a yard of not less than twenty (20) feet. A wall six (6) feet in height shall be installed at the zone boundary line, with the five (5) feet nearest the wall in landscaped screen composed of plant materials at a height of eight (8) feet. Where the zone boundary abuts R-2 or R-3 property which is already in use for public parking, no wall is required. 1 h � 9 E. ACCESS The provisions of Section 9305.00 shall a.ppfy. F. WALLS, FENCES AND LANDSCAPING 1 . Walls shall be erected as required in Section 9216.03-D 2 b above. 2. The provisions of Section 9302. 00 shall apply. G. COVERAGE No requirements H. OFF-STREET PARKING The provisions of Section 9306.00 shall apply. I . OFF-STREET LOADING AND TRASH AREAS The provisions of Section 9307.00 shall apply. J . SIGNS The provisions of the Sign Ordinance shall apply. K. STORAGE All goods, wares, merchandise, produce and other commodities which I are stored, repaired, offered or displayed 'ior sale or exchange shall be housed in permanent buildings unless being transported, with the following exceptions: Florist displays Outdoor dining Paintings for sale in conjunction with a business licensed to sell paintings (subject to site plan approval by the Director of Community Development). L. MINIMUM BUILDING AREA The minimum gross floor area for each commercial building shall be 2,000 square feet. M. ANTENNAS The provisions of the Antenna Ordinance shall apply. 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, I California. ADOPTED this 1st day of December 1976 AYES: Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster NOES: None ABSENT: None ATTEST: CITY OF AL PRINGS, CALIFORNIA By- '`— ' Deputy City Clerk Mayor REVIEWED & APPROVED I IEREBY CERTIFY that the foregoing Ordinance 1037 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 1st day of December, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on December 10, 1976. DONALD A. BLUBAUGH ICity Clerk �. Y. JUDITH SUMICH Deputy City Clerk I 401 402 ORDINANCE NO. 1038 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AUTHORIZING THE PALM SPRINGS CIVIC CENTER AUTHO- RITY TO ISSUE REVENUE BONDS The City Council of the City of Palm Springs DOES ORDAIN as follows : Section 1. The Palm Springs Civic Center Autho- rity, organized under that certain Agreement dated October 26, 1976 and entitled "Joint Exercise of Powers Agreement Be- tween the County of Riverside and the City of Palm Springs Creating an Agency to be Known as the Palm Springs Civic I Center Authority, " is hereby authorized to issue revenue bonds pursuant to the provisions of Article 2 (commencing with Section 6540) , Chapter 5, Division 7 , Title 1 of the Government Code. Section 2. The maximum amount of bonds proposed to be issued is Three Million Four Hundred Thousand Dollars ($3 , 400, 000) . Section 3. The project to be funded by the reve- nue bonds is the construction of an addition to the County Branch Administrative Center located in the City of Palm Springs, the addition to be leased to the County of River- side. Section 4 . This Ordinance is subject to the 1-b 4 O 3 1-b-2 provisions for referendum applicable to the City of Palm Springs , to wit, the provisions contained in Article 2 , Chapter 3, Division 4 (commencing with Section 4050) of the Elections Code. Subject to the foregoing, this Ordinance shall take effect and be in force thirty (30) days from the date of its final adoption. Section 5 . This Ordinance shall be published in The DESERT SUN, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs. ADOPTED this 15th day of December �, 1976 AYES: Councilmembers Beadling, Beirich, Doyle, Field and Mayor .Foster NOES : None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA IDeputy City Clerk MtLyor REVIEWED & APPROVED: City Attorney) Effective date: December 15, 1976 Operative date: January 14, 1977 I HEREBY CERTIFY that the foregoing Ordinance 1038 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of December, 1976, and that same was published in THE DESERT SUN, a newspaper of general circulation, on December 20, 1976. DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH Deputy City Clerk