The URL can be used to link to this page

Home My WebLink About1/1/1978 - ORDINANCES ORDINANCE NO. 1057 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY REZONING FROM 0-5 TO M-1-P AND RETAINING THE "W" PREFIX DESIGNATION ALONG THE NORTH WEST SECTION OF THE PROPERTY FOR CERTAIN PROPERTIES ON THE SOUTH SIDE OF VISTA CHINO EAST OF BOGIE ROAD, SECTION 7. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1 . Pursuant to Section 9100.03b of the Palm Springs Zoning Ordinance, the official zoning map of the City of Palm Springs referred to therein is hereby amended as follows: Zone Change: The parcel of property legally shown on the attached Exhibit A is hereby rezoned from 0-5 to M-I-P, retaining the existing "W" prefix zone along the northwest portion of the property. 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 15th day of February , 1978. AYES: Councilmembers Beadling, Doyle, Field, Foster and Mayor Beirich NOES: None ABSENT: None AT T � C=IM Z111INORNIABY Deputy City Clerk If Maya REVIEWED & APPROVED_ I HEREBY CERTIFY that the foregoing Ordinance 1057 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of February, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation on February 25, 1978. DONALD A. BLUBAUGH " y Cl k Y: JUDITH SUMICH Deputy City Clerk 1 c I a 2 VISTA CRINO w�Q'S_. _ N-R-1-C -- - - / j • N-R-1-C \ N-0-6 .. IN - L W -Q-5 F -_ R-I-C� LL \ TO _ -= aei o'o / -- M-I0-5 P , d i \•. EXHIBIT ~Ah C ITY OF PALMI SPRWGS GAlt NO. 5.0029-CZ APPRWl9D @Y PLAN. COW. DATg APPLICAOff Rose & Sam Minash AP'ROVIIO sY coup" OATS malows opts. No. . No. ORDINANCE NO. 1058 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY REZONING FROM UR TO R-1-B CERTAIN PROPERTIES ON THE WESTERLY EDGE OF CATHEDRAL CANYON, SECTION 5, SBB&M. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN, AS FOLLOWS: SECTION 1 . Pursuant to Section 9100.03-b of the Palm Springs Zoning Ordinance, the official zoning map of the City of Palm Springs, referred to therein is hereby amended as follows: ZONE CHANGE: The parcel of property legally shown on the attached Exhibit A is rezoned from UR to R-1-B. 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. 1 ADOPTED this 15th day of February , 1978. AYES: Councilmembers Beadling, Doyle, Field, Foster and Mayor Beirich NOES: None ABSENT: None A CITY.Q LM SPRING CALIFORNIA Deputy City Cler P� 1.a REVIEWED & APPROVED.�� I HEREBY CERTIFY that the foregoing Ordinance 1058 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of February, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation on February 25, 1978. DONALD A. BLUBAUGH City Clerk Z Y: JUDITH SUMICII Deputy City Clerk 2 c '47 n 0 "-(19 '90c, All rh -/000 EXHIBIT' CITY OF PALAA SPRINGS CASE NO. 5.0036 , CZ APPROV90 SY PLAN. COMM. "TIE APPLICANT warren Coble APPOFM O ST COUNCIL DATE REMARKSONO. No. R9SOL. NO. ORDINANCE NO. 1059 AN ORDINAiCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2 . 32 . 020 OF THE PALM SPRINGS MUNICIPAL CODE, NAMING THE PUBLIC LIBRARY SYSTEM. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1. Section 2 . 32 . 020 of the Palm Springs Municipal Code is hereby amended to read as follows : 2 . 32 . 020 Name of public library system. The public library system shall be known as the "City of Palm Springs Public Library System. " 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. I ADOPTED this 1st day of March , 1978. AYES: Councilmembers Beadling, Doyle, Field, Foster and Mayor Beirich NOES : None ABSENT: None / ATTE CITY OF SPRINGS, ALIFOIDNIA pu y City Clerk Mayor" REVIEWED & APPROVED ,�/�/� ZZJ I HEREBY CERTIFY that the foregoing Ordinance 1059 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 1st day of March, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation on March 9, 1978. DONALD A. BLUBAUGH City Clerk a19 / Y: JUDITH SUMICH ' Deputy City Clerk 14 ORDINANCE NO. 1060 AN ORDINANCE OF THE CITY OF PALM SPRINGS CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A PLANNED DEVELOPMENT DISTRICT 1 FOR A ONE AND TWO STORY RESIDENTIAL CONDO- MINIUM PROJECT ON THE NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND LAVERNE WAY, SECTION 26. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1 . Pursuant to Section 9406.00-B-5d of the Palm Springs Zoning Ordinance, the official map of the City of Palm Springs, referred to therein, is hereby amended as follows: Planned Development District In-lieu of Zone Change: The parcel of property legally shown on the attached Exhibit A, is approved as Planned Development District Number 80, specifically for a one and two story residential condominium use of the property in accordance with the approved preliminary plot plan on file with the Department of Community Development. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force effect thirty (30) days after passage. 1 SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 15th day of March , 1978. AYES: Councilmembers Beadling, Doyle, Field and Mayor Beirich NOES: None ABSENT: None ABSTAIN: Councilmember Rose ATTE : CITY OF PA INGS, CA ORN<L h�c� Deputy City Clerk Wat REVIEWED & APPROVED talk /t°fr9 I HEREBY CERTIFY that the foregoing Ordinance 1060 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of March, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation, on March 22, 1978. DONALD A. BLUBAUGH Ci Cler BY SUDITH S ICH D uty City Clerk 3 a ° I a 6 EXHIBIT "A" Y.U. R_x R•3 R-3 Y EDGE R-3 �"'toll,P� R"I-C � L. P.D. R CANYO R-I-c R-3 L. R-3 sa vacT R-I-C�+j= =_c. 1 R-TP $Fi R-1-C ¢ R_'z F I. ` N YY,1„• R'TP 1 • J 1 fl l-C - q_I_C - z R_TP ono• z s 60' 1.L' C `7 ' 'r R-2 � I-e R-TP N (� „- o � LL. p - � J Y EDOE 0 1-e ANYON MESA NO. 2 R_1"! R-TP R-TP R"2' tt4" l.!R-I_e d I.L. A-I- r _ R-21 I 0 a.rc R-G-A 001 I.L. .. N LL I.L. rERLY AND SOUTHE�Y ¢ E OF PALM CANYON3'fTATEe•;. R-2 _ F o ainoll}I'1II61Yr1 � .nu no ,N )i R_2 J u— u _ o °•,R-1-A �% _ - I.L. 'LL _ N 0 - 1 _ i C U ..er,x_o.� C ITY OF PALM SPRINGS CASE NO. Case 5.0038-PD-80 APPROVED BY PLAN. COMM. DATE APPLICANT _ _ APPROVED BY COUNCIL DATE REMARKS -� _� ORD. N0. RESOL. 00. ORDINANCE NO. 1061 AN ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA, ADOPTING AS AN URGENCY MEASURE, CERTAIN REGULATIONS RESTRICTING THE TIMES FOR FILING OF APPLICATIONS REQUIRING ACTION BY THE PLANNING COMMISSION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1. From and after the effective date of this Ordinance, and for the period during which this Ordinance remains in effect, and notwithstanding any other ordinance, resolution or regula- tion of the City to the contrary, no City officer, employee or department shall accept any application requiring action by the Planning Commission, except on the fourth Monday (or the next workday if Monday be a holiday) of each month, provided that no applications shall be accepted prior to May 22 , 1978. SECTION 2 . Section 1 of this Ordinance shall not apply to develop- ment plans supplemental to initial applications which have been filed prior to the effective date of this ordinance. SECTION 3. URGENCY. This Ordinance is adopted as an urgency measure for the immediate preservation and protection of the public ' safety, health and welfare, and shall take effect immediately upon its adoption and passage by at least a four-fifths vote of the City Council. The declaration of the facts constituting the urgency is as follows: Because of the nature and magnitude of development which has occurred in the City during the past year, the public in- terest now requires a thorough systematic review and comprehensive analysis of the ability of the City to provide essential municipal services in connection with prospective development. The studies which will be necessary, and are currently being conducted by the Planning Agency, require that available time be allocated by the staff separately from the time involved in processing applications referred to in Section 1 above, and during the interim period while this can be accomplished it is essential that the controls imposed by this Ordinance be maintained. SECTION 4. EFFECTIVE DATE--PUBLICATION. This Ordinance shall be in full force and effect immediately upon adoption by at least a four-fifths vote of the City Council; and the City Clerk shall certify to the passage hereof and cause the same to be published once, within fifteen (15) days after passage, in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs , California. ADOPTED this 19th day of April, 1978. I AYES : Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTES CITYi A�LM S; _ ALIFORNIA (�4 )S-41.) L' Y=_ De City Clerk REVIEWED & APPROVED /I- /� t� r, I HEREBY CERTIFY that the foregoing Ordinance No. 1061 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 19th day of April, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation, on April 25, 1978. DONALD A. BLUBAUGH City Clerk -JUDITH SUMICH eputy City Clerk I Ly i� ORDINANCE NO. 1062 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A PLANNED DEVELOPMENT DISTRICT INCLUDING PRELIMINARY PLOT PLAN FOR A COMBINATION COMMERCIAL/RECREATIONAL RESIDENTIAL CONDOMINIUM PROJECT ON THE NORTHWEST CORNER OF EAST PALM CANYON DRIVE AND CHEROKEE WAY, SECTION 30. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1 . Pursuant to Section 9406.00-B-5d of the Palm Springs Zoning Ordinance, the official map of the City of Palm Springs, referred to therein, is hereby amended as follows: Planned Development District in lieu of zone change: The parcel of property legally shown on the attached Exhibit "A", is approved as Planned Development District No. 81 , specifically for commercial recreational and residential condominium use of the property in accordance with the approved preliminary plot plan on file with the Department of Community Development. 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 19tb day of April , 1978. AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTEST CITY LM SP CCAyLLF4)JNIA By / Deputy City Clerk PP M r REVIEWED & APPROVED - ��G� I HEREBY CERTIFY that the foregoing Ordinance No. 1062 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 19th day of April, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation, on April 25, 1978. I DONALD A. BLUBAUGH City Clerk C geZSUDITH SUMICH puty City Clerk 1 c- I .i 4 t � IL R-I-C w-R.L( _ R-I-C P8 w — L. 3I w I L. w I.L. R 3 R.I C o c w LL. o SUg PRo ` a�y LOB V U � VP R-G-A (8) 4. w R.G.A.(8) �. R-G-A (8) p PD )` N,Illlh, 58 ¢ F O rr { - `— N R-T P R-3 R-G-A-(8) R-G4-(e) 5N O h I.L. 6 2 Sc p-A-lel R 3 m ,ter o p R 3 R- ! \ ' 0-20 \\ R - 7P I.L. R_TP o •oo ��.N W q R-3 C M w C_G„ dP4V,nJlgil lnlpY lllplll 1,R'IIVIIIgYIIi R-1 � 0-20 0-20 I.L. LINE EXHIBIT "A" C ITY OF PALM SPRINGS CASE NO. 5.0030- PD-81 APPROVED BY PLAN. COMM. DATE APPLICANT TownhoLlsp BuildprsAPPROVED BY COUNCIL DATE REMARKS ORD. N0. RESOL. NO. ORDINANCE NO. 1063 AN ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING CHAPTER 11. 24 OF THE PALM SPRINGS MUNICIPAL CODE IN RELATION ' TO PERMITS FOR PARADES. - THE CITY COJTNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1. Chapter 11.24 of the Palm Springs Municipal Code relating to parades is hereby amended by the addition there- to of two new sections, to be numbered 11.24.043 and 11.24.046, to read as follows: 11. 24. 043 Permit--Conditions may be attached. As conditions attached to the granting, use and effective- ness of any parade permit, the city manager may impose reasonable requirements concerning the time and place of such parade; the area and manner of assembling and dis- banding such parade; the route and spacing of all units of such parade; the maximum length thereof; the maximum and minimum speed thereof; the stops permitted, if any; the accommodation of other traffic; the number and types of vehicles , if any; and such other requirements as are found by the city manager to be reasonably necessary for the protection of persons or property and control of other traffic and to assure that the parade will be con- ducted in conformance with the purposes, objectives and requirements set forth in this chapter and in compliance with all other applicable laws,. rules and regulations, and in a manner not unduly detrimental to the public in- terest. When it is practical to do so, the city manager sha__1 give reasonable consideration to the formulation of Permit conditions which will enable the making of findings prerequisite to permit issuance (per §11.24.080 and any other applicable provisions in this chapter) . 11.24 . 046 Permit--Conditions re public costs and indemnity. (a) Each parade permit shall contain a con- dition for prepayment of a parade fee to the city in an amount reasonably estimated by the city manager to be sufficient to cover any extraordinary costs and expenses to the city which will be occasioned by the parade for (but not limited to) such necessary public services as police department added costs of policing, crowd control and traffic and parking control , placement and removal of barricades and signs for parade routes and parking control, and for clean-up of streets and sidewalks at the conclu- sion of the parade. Notwithstanding the foregoing, unless it is otherwise directed by the city council, the city I manager shall not require any such parade fee in connec- tion with parades staged with the co-sponsorship of the city, such as the annual mounted police parade and the annual desert circus parade. (b) Notwithstanding (a) above, no such parade fee shall be required in connection with a parade staged as an .integral part of a large city-based convention which is Found by the city manager (acting upon certification 7 b 1 i� 7 b 2 Ord. No. 1063 Page 2 . by the cony,�3ntion and visitors bureau or by other authori- tative source) to involve at least 3',,000 delegate days (a "delegate day" being defined as one or each overnight stay by a convention delegate in a Palm Springs hotel generating city taxes for transient occupancy amd usually for sales) . ' (c) Unless specially waived by the city council, the city manager shall require as a condition to issuance of a parade permit that the organization or party staging or sponsoring the parade file evidence: Of insurance (or self- insurance) coverage for public liability and property damage which might result from the conduct of the parade. Such coverage shall be in an amount reasonably found by the city manager (in consultation with the ci.ty' s risk manager and city attorney) to be adequate in view of the particular parade activity contemplated. The city manager further shall have the discretion to require that the city be named as an additional insured in such coverage. SECTION 2 . The last sentence of Section 11. 24.050 (concerning pa- rade permit applications) of the Palm Springs Municipal Code is hereby amended, to read as follows : The city business license division shall not accept the application unless all of the required information is con- tained thereon, and unless such application is accompanied by payment of any application processing fee as may have been established by resolution of the city council. SECTION 3. Section 11.24. 090 of the Palm Springs Municipal Code is hereby amended to read as follows : 11. 24 .090 Appeals--Resubmittals--Late applications. (a) Any person aggrieved by any decision of the city manager with respect to denial or issuance of any permit, conditions attached thereto, or any other administrative action taken pursuant to the terms of this chapter, may appeal to the city council by filing a written notice of appeal with the city clerk specifying the grounds of appeal. The city clerk shall thereupon fix an early time and place of hearing on such ap- peal. Notice thereof shall be given the appellant and other persons who in the city clerk' s opinion appear to be interest- ed persons of record, of the time and place of hearing, by serving such notice personally or by depositing it in the United States mail addressed to all such persons at their last known addresses, respectively. The city council shall, after hearing, have authority to determine all questions raised on such appeal, and to take any action consistent with the terms of this chapter, or which could legally have been taken Y,y the city manager in the matter. (b) If a permit for a parade is denied on the basis, in whole or in part, of the date , hour or route of travel, the applicant may submit a new request proposing alternate dates, hours or routes of travel. I (c) . The council may also directly consider any appli- cation for permit to conduct a parade which is not filed within the time limits prescribed herein if placed upon the council agenda by a councilnEnber. In such a case, the criteria set forth herein shall apply. SECTION 4 . EFFECTIVE DATE. This Ordinance shall be in full force and effect thirt;r (30) days after passage. Ord. No.1063 Page 3 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 news- paper of general circulation, published and circulated in the City of Palm Springs, California. ADOPTED this 19th day of April 19 78 AYES : Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTq L CITY F M SP , ORNIA B D uty City Clerk Mayo IV REVIEWED & APPROVED Z-1Q7 Z✓k I HEREBY CERTIFY that the foregoing Ordinance No. 1063 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 19th day of April, 1978, and that same was published in TIIE DESERT SUN, a newspaper of general circulation, on April 25, 1978. ' DONALD A. BLUBAUGH City Clerk _Z' � L B : JUDITH SUMICH eputy City Clerk 7 b 3 ORDINANCE NO. 1064 AN ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING SECTION 3. 24 . 030 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX RATE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1. Section 3. 24 . 030 of the Palm Springs Municipal Code is hereby amended to read as follows : 3 .24 . 030 Tax imposed. For the privilege of occupancy in any hotel, each transient is subject to, and shall pay a tax in the amount of seven percent of the rent charged by the operator. Insofar as the tran- sient is concerned, said tax constitutes a debt owed by the transient to the city which is extinguished only by payment_ to the operator or to the city. SECTION 2 . EFFECTIVE DATE AND PUBLICATION. This Ordinance , being an ordinance relating to taxes for usual and current expenses of the City, shall take effect immediately upon its passage. Before the expiration of fifteen (15) days after its passage, this Ordi- nance shall be published once in THE DESERT SUN, a newspaper of general circulation printed and published in the City of Palm Springs. ADOPTED this 21stday of June 1978• AYES : Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES : None ABSENT: None ATTEST : CITY �E ALM SAP N CAL�FORNIA By� ��?. �L —ram r.s �II Deputy City Clerk Max s: REVIEWED & APPROVED �/U I IEREBY CERTIFY that the foregoing Ordinance 1064 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 21st day of June, 1978, and that same was published in TIE DESERT SUN, a newspaper of general circulation, on June 29, 1978. DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH Deputy City Clerk ORDINANCE NO. 1065 AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING SECTION 3.24 . 030 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX RATE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1. Section 3 .24 . 030 of the Palm Springs Municipal Code is hereby amended to read as follows : 3. 24. 030 Tax imposed. For the privilege of occupancy in any hotel, each transient is subject to, and shall pay a tax in the amount of seven percent of the rent charged by the operator. Insofar as the tran- sient is concerned, said tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city. SECTION 2 . URGENCY. This ordinance shall take effect as an urgency measure immediately upon its adoption. It is hereby de- clared that it is necessary to the public peace, health, safety and welfare that this ordinance be adopted as an urgency measure. The facts constituting the urgency are: The operations of the I municipal government for the fiscal year commencing July 1, 1978 must be funded by a budget currently in the process of being adopted. At the June 6 , 1978 California Primary election, a Constitutional amendment was adopted by the electorate which substantially and seriously affects and modifies the methods by which a city may derive revenues to meet the necessary costs of municipal government in the protection and enhancement of the public peace, health, safety and welfare. It is accordingly deemed essential that the tax increases enacted by this ordinance take effect immediately so as to minimize the harm which might otherwise occur to the public interest due to inadequate funding of the municipal government in the fiscal year commencing July 1, 1978. SECTION 3 . PUBLICATION . The City Clerk shall certify to the passage of this Ordinance and cause the same to be published once, within fifteen (15) days after passage , in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 21st day of June , 1978 AYES : Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTEST: CITY OV,.PALM SP i S��LTXORNIA r� Byc2 IL eputy City_ Clerk Mayof/ REVIEWED & APPROVED /�� I HEREBY CERTIFY that the foregoing Ordinance 1065 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 21st day of June, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation, oneJune 29, 1978. DONALD A. BLUBAUGH �j/Ciitt)y- Clerk �BY: `JUDITH SUMICH Deputy City Clerk I I ORDINANCE NO . 1066 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3 .94. 020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAX RATES APPLICABLE TO NEW CONSTRUCTION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3. 94 .020 of the Palm Springs Municipal Code is hereby amended to read as follows: 3.94 . 020 New construction taxed. (a) In addition to any other fee or fees prescribed in this title , every person constructing any new building or addition or trailer space in the city shall pay to the city a sum appropriately computed as follows : (1) For each dwelling unit in a single- family, condominium, apartment duplex, or multiple- dwelling structure , or in a hotel or dormitory, thirty cents per square foot of gross building area under roof , or four hundred dollars per each dwelling unit, which- ever is the greater total sum; (2) For each trailer space , four hundred dollars , with no additionalsum for any directly accessory I structure; (3) For any other construction not falling within the definition of "dwelling unit" or "trailer space , " or within subdivisions (1) and (2) of this sub- section, thirty cents per square foot of gross building area under roof. (b) Notwithstanding any of the foregoing provisions of this section , no fee shall be payable on account of construction of an addition to an existing single-family dwelling, which construction does not exceed two thousand two hundred fifty dollars in valuation. SECTION 2 . Notwithstanding any provision of this Ordinance, the revised tax rates provided for herein shall not apply in connection with any construction activity or building permit for which a bona fide and substantially complete building permit application was on file on or before the date of adoption of this Ordinance . As to such construction activities or permits , the tax rates established by Ordinance No. 1049 shall remain applicable . SECTION 3 . EFFECTIVE DATE AND PUBLICATION. This Ordinance, being an ordinance relating to taxes for usual and current expenses of the City, shall take effect immediately upon its passage. Before the expiration of fifteen (15) days after its passage, this Ordi- nance shall be published once in THE DESERT SUN, a newspaper of general circulation printed and published in the City of Palm Springs . ADOPTED this 21st day of June 1978. AYES : Councilmembers Beadling, Field, Rose and Mayor Beirich NOES : Councilmember Doyle ABSENT: None ATTEST: C CITY F ALM �yP�xL�FORNIA�� BY ,._mreft+r �yf/ e/'��.�i+%Y➢i�. i`i', ''' eputy City Clerk p Mapt REVIEWED & APPROVED / I HEREBY CERTIFY that the foregoing Ordinance 10156 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 21st day of June, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation, on June 29, 1978. DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH Deputy City Clerk I 4 r' ORDINANCE NO . 1067 AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3 .94 . 020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAX RATES APPLI- CABLE TO NEW CONSTRUCTION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1 . Section 3 .94 . 020 of the Palm Springs Municipal Code is hereby amended to read as follows : 3 .94.020 New construction taxed. (a) In addition to any other fee or fees prescribed in this title, every person constructing any new building or addition or trailer space in the city shall pay to the city a sum appropriately computed as follows : (1) For each dwelling unit in a single- family, condominium, apartment duplex, or multiple- dwelling structure , or in a hotel or dormitory, thirty cents per square foot of gross building area under roof, or four hundred dollars per each dwelling unit, which- ever is the greater total sum; (2) For each trailer space , four hundred dollars , with no additional sum for any directly accessory structure; (3) For any other construction not falling with- in the definition of "dwelling unit" or "trailer space , " or within subdivisions (1) and (2) of this subsection, thirty cents per square foot of gross building area under roof. (b) Notwithstanding any of the foregoing provisions of this section, no fee shall be payable on account of con- struction of an addition to an existing single-family dwelling, which construction does not exceed two thousand two hundred fifty dollars_ in valuation. SECTION 2 . Notwithstanding any provision of this Ordinance, the revised tax rates provided for herein shall not apply in connection with any construction activity or building permit for which a bona fide and substantially complete building permit application was on file on or before the date of adoption of this Ordinance. As to such construction activities or permits , the tax rates established by Ordinance No. 1049 shall remain applicable . SECTION 3. URGENCY. This ordinance shall take effect as an urgency measure immediately upon its adoption. It is hereby de- clared that it is necessary to the public peace , health, safety and welfare that this ordinance be adopted as an urgency measure . The facts constituting the urgency are: The operations of the municipal government for the fiscal year commencing July 1, 1978 must be funded by a budget currently in the process of being adopted. At the June 6 , 1978 California Primary election, a Constitutional amend- ment was adopted by the electorate which substantially and seriously affects and modifies the methods by which a city may derive revenues to meet the necessary costs of municipal government in the prot,c- tion and enhancement of the public peace, health, safety and welfare . 6ti .d Ord. No. 1067 Page 2 It is accordingly deemed essential that the tag; increases enacted by this ordinance take effect immediately so as to minimize the harm which might otherwise occur to the public interest due to in- adequate funding of the municipal government in the fiscal year commencing July 1 , 1978. SECTION 4 . PUBLICATION. The City Clerk shall certify to the passage of this Ordinance and cause the same to be published once, within fifteen (15) days after passage, in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs , California. ADOPTED this 21st day of June 7.9 78 AYES : Councilmembers Beadling, Field, Rose and Mayor Beirich NOES : Councilmember Doyle ABSENT: None ATTEST: CIT ''q$KPALM S RkNCSs, LIFORNIA By eputy City Clerk ayor REVIEWED & APPROVED /" I HEREBY CERTIFY that the foregoing Ordinance 1067 was duly adopted by the ' City Council of the City of Palm Springs, California in a meeting thereof held on the 21st day of June, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation, on June 29, 1978. DONALD A. BLUBAUGH City Clerk �"'': JUDITH SUMICH Deputy City Clerk ORDINANCE NO. 1068 AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRESCRIBING SEWER CONNECTION FEES AND SEWER SERVICE CHARGES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1 . The following fees and charges, presently and formerly also prescribed by various resolutions of this City, are hereby established: I. Sewer Service Charges a) Residential Uses (including single- $4.00 per unit family dwellings, apartments, co-op per month apartments, condominiums) b) Commercial and Industrial Uses $ .40 per fixture (including commerical facilities unit per month in hotels) with minimum charge of $4.00 c) Hotels (as defined in the Zoning $4.00 + $1 .00 Ordinance) rooms without kitchens per hotel unit per month d) Hotels (as defined in the Zoning $2.60 per unit Ordinance) rooms with kitchens per month e) Mobile Home Parks (as defined in $4.00 per unit the Zoning Ordinance - one bill to per month + Park Operator) $ .40 per fixture unit for community facilities f) Properties adjacent to City Properties outside of the City shall pay a sewer service charge equal to twice the rate established for properties within the City limits. g) Recreational Vehicle Parks (as $1 .00 per space defined in the Zoning Ordinance - per month + $ .40 one bill to Park Operator) per fixture unit for community facilities h) Cesspool Dumping Fee $10.00 for each load not in excess of I 1 ,250 gallons from properties within the City limits. $20.00 for each load not in excess of 1 ,250 gallons from properties outside the City limits. Ord. No. 1068 Page 2 II . Sewer Connection Fee Sewer Connection Fee (exclusive of street main charges or street lateral fee) a) Residential uses (including single family dwellings, ' apartments, co-op apartments, condominiums and mobile home park spaces) Residential units existing, or for which a building permit has been issued as of June 23, 1978 and connecting during the periods: 7/1/77 - 6/30/78 $250 per unit 7/1/78 - 6/30/79 $300 per unit 7/1/79 - 6/30/80 $350 per unit 7/1/80 and thereafter $400 per unit New residential units, for which a building permit is issued on or after June 23, 1978, per unit: $1 ,050. b) Commercial & Industrial existing, or for which a building permit has been issued, as of June 23, 1978 (including commercial facilities in hotels) and connecting during the periods: 7/1/77 - 6/30/78 $ 8.00 per fixture unit 7/1/78 - 6/30/79 $ 9.50 per fixture unit 7/1/79 - 6/30/80 $11 .00 per fixture unit ' 7/1/80 and thereafter $12.50 per fixture unit Commercial and industrial units for which a building permit is issued on or after June 23, 1978, per fixture unit: $33.25 c) Hotel (as defined in the Zoning Ordinance) rooms without kitchens and recreational vehicle park use, existing, or for which a building permit has been issued, as of June 23, 1978, connecting during the periods: 7/1/77 - 6/30/78 $ 62.50 per unit 7/1/78 - 6/30/79 $ 75.00 per unit 7/l/79 - 6/30/80 $ 87.50 per unit 7/1/80 and thereafter $100.00 per unit Hotel units for which a building permit is issued on or after June 23, 1978, per unit: $262. 50 d) Hotel (as defined in the Zoning Ordinance) rooms existing or for which a building permit has been issued, with kitchens, connecting during the periods: 7/1/77 - 6/30/78 $125.00 per unlit I 7/1/78 - 6/30/79 $150.00 per unlit 7/1/79 - 6/30 80 $175.00 per unit 7/1/80 and thereafter $200.00 per unit Hotel units for which a building permit is issued on or after June 23, 1978, per unit: $525. Ord. No. 1068 Page 3 e) Existing premises (all existing premises not otherwise provided for herein) Shall pay the sewer connection fee in effect at the time a permit for connection is secured. f) Exceptions: Premises existing as of June 23, 1978 and served by a capped sewer/dry sewer. Shall be exempted from the sewer connection fee provided connection occurs within 90 days after official notice by the City that said capped sewer has been made operable and avail- able for connection. Should a permit riot be secured within the time frame set forth herein, the connection fee to be paid Shall be that fee in effect at the time a permit for connection is secured. g) Assessment Districts The sewer connection to be paid for premises with service made available by an assessment district shall be the fee in effect at the time a petition representing 60% sufficiency is filed with the City, provided said connection occurs during the course of construction but in no event later than 30 days after filing of notice of completion of the assessment district. Should a permit not be secured within the time frame set forth herein, the connection fee to be paid shall be that fee in effect at the time the permit for connection is secured. Ih) New Construction New construction shall pay the sewer connection fee in effect at the time a building permit is issued by the City and said connection fee shall be paid prior to the granting of a building permit. i ) Properties adjacent to City Properties outside of the City shall pay a sewer connection fee equal to twice the rate established for properties within the City limits. SECTION 2. URGENCY. This ordinance shall take effect as an urgency measure immediately upon its adoption. It is hereby declared that it is necessary to the public peace, health, safety and welfare that this ordinance be adopted as an urgency measure. The facts constituting the urgency are: The operations of the municipal government for the fiscal year commencing July 1 , 1978, must be funded by a budget currently in the process of being adopted. At the June 6, 1978 California Primary election, a Constitutional amendment was adopted by the electorate which substantially and seriously affects and modifies the methods by which a city may derive revenues to meet the necessary costs of municipal government in the protection and enhancement of the public peace, health, safety and welfare. I In addition, the City has just been presented with an engineering consulting report demonstrating that it is essential that immediate steps be taken to provide financing for sewage treatment plant needs. It is accordingly deemed essential that the increases in fees and charges enacted by this ordinance take effect immediately so as to minimize the harm which might otherwise occur to the public interest relating to needs of adequate sewage treatment. Ord. No. 1068 Page 4 SECTION 3. PUBLICATION. The City Clerk shall certify to the passage of this Ordinance and cause the same to be published once within fifteen (15) days after passage, in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 21st day of June 1978. AYES: Councilmembers Beadling, Doyle, Rose and Mayor Beirich NOES: Councilmember Field ABSENT: None �1 ATTEST: CITe/G440A'LM S CAL. ORNIA By Deputy City Clerk yor REVIEWED & APPROVED�� I IIEREBY CERTIFY that the foregoing Ordinance 1068 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 21st day of June, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation on June 29, 1978. DONALD A. BLUBAUGH City Clerk I p . L iUDITH SUMICH 2LDeputy City Clerk I ORDINANCE NO. 1069 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AS AN URGENCY MEASURE, CERTAIN REGULATIONS PROHIBITING DEVELOPMENT OF NEW RESIDENTIAL PROJECTS WHICH MAY BE IN CONFLICT WITH A CONTEMPLATED ZONING PROPOSAL AND DEVELOPMENT CONTROL PROPOSAL, SAID REGU- LATIONS TO BE IN EFFECT ON AN INTERIM STUDY BASIS PURSUANT TO GOVERNMENT CODE SECTION 65858. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . From and after the effective date of this Ordinance, and for the period during which this Ordinance remains in effect, and not- withstanding any other ordinance, resolution or regulation of the City to the contrary, no City officer, employee or department shall accept or process any application for an environmental assessment, division of land, change of zone or land use permit or for a building permit or other approval or entitlement, for or related to development of any new residential project. SECTION 2. Section 1 of this Ordinance shall not apply to: a. The construction of a single family home on an existing lot of record or in a recorded subdivision; 1 b. Additions to or modifications of existing buildings; C. Processing of development plans, subdivision or parcel maps for which project approval by the Planning Commission was received prior to the effective date of this Ordinance; d. Projects implementing in whole or in part a comprehensive -1 plan of development which had been reviewed and approved by the City Council prior to the effective date of this Ordinance; e. Projects upon real property, title to which is held (in trust or otherwise) by the United States; 11 f. Projects qualifying under "PROPOSITION H" (approved at the March 7, 1978 municipal election) comprising rental dwelling units for low rent housing needs of low income elderly persons and physically handicapped persons. g. Projects for which exemptions have been granted pursuant to paragraph (b) of Section 15.14.010 of the Palm Springs Municipal Code, relating to requirements to connect to public ` sewers. 4 1 SECTION 3. URGENCY. This Ordinance is adopted as an urgency measure\ pursuant to the authority of Section 65858 of the Government Cod- of the State of California, for the immediate preservation and protection of the public safety, health and welfare, and shall take effect immediately upon its adoption and passage by at least a four-fifths vote of the City Council . The declaration of the facts constituting the urgency is as follows: Because of the nature and magnitude of development which has occurred in the City since the general re-evaluation and revision of the General Plan in 1973, and because of an engineer's report gust received indicating that the City's sewage disposal plant is nearing operating at the limit of capacity, the public interest now requires another systematic review and comprehensive dnaylsis of said General Plan as well as the ordinances designed to implement that plan. It is contemplated that from Ord. No. 1069 Page 2 such studies, which are currently being conducted by the Planning Agency, there will emerge a new zoning proposal and development control proposal for the City, and during the interim period while this can be accomplished, it is essential that the controls imposed by this Ordinance be maintained, so that uses which would otherwise be established and developed during the interim period will not thereafter be in conflict with the contemplated zoning proposal and development control proposal as; aforesaid. SECTION 4. EFFECTIVE PERIOD OF ORDINANCE. This Ordinance shall remain in effect for the four-month period properly computed pursuant to Section 65858 of the Government Code of the State of California, unless sooner repealed or otherwise modified, and subject to any extension of the effective period duly enacted pursuant to and in accordance with said Section 65858. SECTION 5. EFFECTIVE DATE--PUBLICATION. This Ordinance shall be in full force and effect immediately upon adoption by at least a four-fifths vote of the City Council ; and the City Clerk shall certify to the passage hereof and cause the same to be published once, within fifteen (15) days after passage, in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 22nd day of June , 1978• AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTEST: CIT OALM R S CAL�ORNIA Deputy City Clerk Yor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1069 was duly adopted by the City Council of the City of Halm Springs, California, in a meeting thereof held on the 22nd day of June, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation, on June 29, 1978. DONALD A. BLUBAUGH City Clerk 6Y: JUDITH SUMICH Deputy City Clerk CA ORDINANCE NO. 1070 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRESCRIBING SEWER CONNECTION FEES AND SEWER SERVICE CHARGES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1 . The following fees and charges, presently and formerly also prescribed by various resolutions of this City, are hereby established: I. Sewer Service Charges a) Residential Uses (including single- $4.00 per unit family dwellings, apartments, co-op per month apartments, condominiums) b) Commercial and Industrial Uses $ .40 per fixture (including commerical facilities unit per month in hotels) with minimum charge of $4.00 c) Hotels (as defined in the Zoning $4.00 + $1 .00 Ordinance) rooms without kitchens per hotel unit per month 1 d) Hotels (,as defined in the Zoning $2.60 per unit Ordinance) rooms with kitchens per month e) Mobile Home Parks (as defined in $4.00 per unit the Zoning Ordinance - one bill to per month + Park Operator) $ .40 per fixture unit for community facilities f) Properties adjacent to City Properties outside of the City shall pay a sewer service charge equal to twice the rate established for properties within the City limits. g) Recreational Vehicle Parks (as $1 .00 per space defined in the Zoning Ordinance - per month + $ .40 one bill to Park Operator) per fixture unit for community facilities h) Cesspool Dumping Fee $10.00 for each load not in excess of 1 ,250 gallons from properties within the City limits. $20.00 for each load not in excess of 1 ,250 gallons from properties outside the City limits. Ord. No. 1070 Page 2 II. Sewer Connection Fee Sewer Connection Fee (exclusive of street main charges or street lateral fee) a) Residential uses (including single family dwellings, apartments, co-op apartments, condominiums and mobile home park spaces) Residential units existing, or for which a building permit has been issued as of June 23, 1978 and connecting during the periods: 7/1/77 - 6/30/78 $250 per unit 7/1/78 - 6/30/79 $300 per unit 7/1/79 - 6/30/80 $350 per unit 7/1/80 and thereafter $400 per unit New residential units, for which a building permit is issued on or after June 23, 1978, per unit: $1 ,050. b) Commercial & Industrial existing, or for which a building permit has been issued, as of June 23, 1978 (including commercial facilities in hotels) and connecting during the periods: 7/1/77 - 6/30/78 $ 8.00 per fixture unit 7/1/78 - 6/30/79 $ 9.50 per fixture unit 7/l/79 - 6/30/80 $11 .00 per fixture unit 7/1/80 and thereafter $12.50 per fixture unit Commercial and industrial units for which a building permit is issued on or after June 23, 1978, per fixture unit: $33.25 c) Hotel (as defined in the Zoning Ordinance) rooms without kitchens and recreational vehicle park use, existing, or for which a building permit has been issued, as of June 23, 1978, connecting during the periods,: 7/1/77 - 6/30/78 $ 62.50 per unlit 7/1/78 - 6/30/79 $ 75.00 per unit 7/1/79 - 6/30/80 $ 87.50 per unit 7/1/80 and thereafter $100.00 per unit Hotel units for which. a building permit is issued on or after June 23, 1978, per unit: $262.50 d) Hotel (as defined in the Zoning Ordinance) rooms existing or for which a building permit has been issued, with kitchens, connecting during the periods: 7/1/77 - 6/30/78 $125.00 per unit 7/1/78 - 6/30/79 $150.00 per unit 7/1/79 - 6/30 80 $175.00 per unit 7/1/80 and thereafter $200.00 per unit Hotel units for which a building permit is issued on or after June 23, 1978, per unit: $525. Ord. No. 1070 Page 3 e) Existing premises (all existing premises not otherwise provided for herein) Shall pay the sewer connection fee in effect at the time - a permit for connection is secured. f) Exceptions: Premises existing as of June 23, 1978 and served by a capped sewer/dry sewer. Shall be exempted from the sewer connection fee provided connection occurs within 90 days after official notice by the City that said capped sewer has been made operable and available for connection. Should a permit not be secured within the time frame set forth herein, the connection fee to be paid shall be that fee in effect at the time a permit for connection is secured. g) Assessment Districts The sewer connection to be paid for premises with service made available by an assessment district shall be the fee in effect at the time a petition representing 60% sufficiency is filed with the City, provided said connection occurs during the course of construction but in no event later than 30 days after filing of notice of completion of the assessment district. Should a permit not be secured within the time frame set forth herein, the connection 1 fee to be paid shall be that fee in effect at the time the permit for connection is secured. h) New Construction New construction shall pay the sewer connection fee in effect at the time a building permit is issued by the City and said connection fee shall be paid prior to the granting of a building permit. i ) Properties adjacent to City Properties outside of the City shall pay a sewer connection fee equal to twice the rate established for properties within the City limits. SECTION 2. EFFECTIVE DATE AND PUBLICATION. This Ordinance, being an ordinance relating to fees and charges to be collected to defray usual and current expenses of the City, shall take effect immediately upon its passage. Before the expiration of fifteen (15) days after its passage, this Ordinance shall be published once in THE DESERT SUN, a newspaper of general circulation printed and published in the City of Palm Springs. ADOPTED this 27th day of June , 1978. I AYES: Councilmembers Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: Councilmember Beadling AT CI T F`�ALM SP I�j ALIF. NIA By Deputy City Clerk 'Mayor REVIEWED & APPROVED Al I HEREBY CERTIFY that the foregoing Ordinance 1070 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 27th day of June, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation, on June 30, 1978. DONALD A. BLUBAUGH City Clerk L Y JUDITH SUMICH Deputy City Clerk I ORDINANCE NO. 1071 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY REZONING FROM R-1-B AND N-R-1-B TO P, R-G-A (6), AND N-R-G-A (6), FOR PROPERTY LOCATED ON THE SOUTH SIDE OF VISTA CHINO BETWEEN SUNRISE WAY AND CERRITOS ROAD EXTENDED, SECTION 12. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN, AS FOLLOWS: SECTION 1 . Pursuant to Section 9100.036 of the Palm Springs Zoning Ordinance, the official zoning map of the City of Palm Springs, referred to therein is hereby amended as follows: Zone Change: The parcel of property legally shown on the attached Exhibit "A" is hereby rezoned from R-1-B and N-R-1-B to P R-G-A (6) , and N-R-G-A (6). 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 19th day of July , 1978. AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTEST: CITY PALM P I CA l�IFORNJ8 �" IV L p., � * Deputy City Clerk yor REVIEWED & APPROVED�M , I HEREBY CERTIFY that the foregoing Ordinance 1071 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 19th day of July, 1978; and that same was published in THE DESERT SUN, a newspaper of general circulation, on July 26, 1978. DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH Deputy City Clerk 6 a 1 `#U u EXHIBIT "A„ a 8 z f 4 C-1 R-I-C N-R-1-C �C VISTA CHINO _ } \ TO 3 R-1-8 R-I- B NIA-G-A-B TO TO \\ FP R- G-A -S N-Qr 5 s \ w SUBJECT PROPERTY \ R-1-B CITY OF PALM SPRINGS Laaw 5.0 N4 v.— P i c en APPRO AFP*OVEa N� 4001MII0� I/ATt_Cain Deve o men or itA'Ct ft OLIO. 11M NO. ORDINANCE NO. 1072 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, 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 refer- ence 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 of general circulation, published and circulated in the City of Palm Springs and thenceforth and thereafter the same shall be in full force I and effect. — ADOPTED this 6th day of September 1978. AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTEST.:? `�. CITY PALM SP GS, CAL�FORNI By Deputy City Clerk ayor REVIEWED & APPROVED ,� I HEREBY CERTIFY that the foregoing Ordinance 1072 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 6th day of September, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation, on September 13, 1978. DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH Deputy City Clerk 6 a 1 6 a 2 I AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS The Board of Administration, Public Employees' Retirement System, herein- after referred to as "Board", and the governing body of above public agency, hereinafter referred to as "Public Agency", having entered into a contract under date of December 3, 1956, effective Januav_y 1, 1957and as amended effective July 14, 1965, January 14, 1973 , January 1, 1975, September 5, 1976, and July 1, 1.977, which provides for participation of Public Agency in said System , Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 8 are hereby stricken from said contract as executed effective January 1, 1975, and hereby replaced by the following paragraphs number 1 through 10 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided„ "Normal retirement age" shall mean age 60 for miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 1, 1957 making its employees as ' hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except such as by express provisions thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Firemen (herein referred to as local safety members) ; b. Local Policemen (herein referred to as local safety members) ; c. Employees other than local safety members (herein referred to as miscellaneous members). In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 4. The fractions of final compensation to be provided for each year of credited prior and current service as a miscellaneous member upon retirement at normal retirement age shall be that provided in Section 21251.13 of said Retirement Law with all service prior to Social Security termination December 31, 1974 subject to the reduction provided by said section. 5. The fraction of final compensation to be provided for each year of credited prior and current service as a safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50). 6. The following additional provisions of the Public Employees' Retirement Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. Sections 21380-21388 (providing for allowances for survivors of members covered under the 1959 Survivor's Program upon the member's death before retirement) for miscellaneous and police members. b. Sections 21263 and 21263.1 (providing upon the death of a member who retired for service or disability for continuance of a post-retirement survivor allowance to certain survivors) . c„ Section 20930.3 (allowing public service credit under the provisions of Chapter 1437, Stats. 1974, for up to four years of continuous military or merchant marine service). d„ Section 20983.6 (providing that miscellaneous members attaining ' age 67 may continue in employment irrespective of age as members of said System upon certification of the member's competence by Public Agency). 7. Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on September 5, 1976. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the afore- mentioned date and contributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. 8. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of Gaid Retirement System: (1) 0.283 percent until June 30, 2000 on account of the liability for prior service benefits., (2) 10.742 percent on account of the liability for current service benefits. (3) 0.275 percent on account of the liability for the 6 a 3 1959 Survivor Program. 6 a 4 b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (1) 0.576 percent until June 30, 2004 on account of the liability for prior service benefits. (2) 24.904 percent or, account of the liability for current service benefits. (3) 0.250 percent on account of the liability for the 1959 Survivor Program, c. A reasonable amount per annum, as fixed by the Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodical investigation and valuations required by law. d. A reasonable amount as fixed by the. Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodical investigation and valuations required by law. 9. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, .and on account of the experience under the Retirement System as determined by the periodical investigation and valuation required by said Retirement Law. 10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash. B. This amendment shall be attached to said contract and shall be effective on the day of , 19—,_ CON-702-3 Witness our hands this day of 19_ BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES RETIREMENT SYSTEM E OF PALM SPRINGS BY __ ____ _ � BY Carf7. Biechige nro Executive Offi Presiding Officer Approved as to form: Attest: Legal Officer PERS Clerk 6 a 5 CON-702-4 001 ORDINANCE NO. 1073 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE EFFECTIVE PERIOD OF INTERIM ORDINANCE NO. 1069, PURSUANT TO PROVISIONS OF GOVERNMENT CODE SECTION 65858. WHEREAS, this City Council did, on June 22 , 1978 , enact pursuant to Section 65858 of the California Government Code, an interim ordinance (No. 1069) adopting certain regulations prohibiting development of new residential projects which may be in conflict with a contemplated zoning proposal and development control pro- posal, studies in connection with which were and are currently being conducted by the Planning Agency; and WHEREAS, the said studies and contemplated zoning proposal and development control proposal are extremely complicated and com- plex and have not yet been completed so as to enable their pre- sentation to this City Council for consideration; and WHEREAS, it is necessary in the public interest that the provi- sions of said Ordinance No. 1069 be continued in effect until the said studies have been completed and the contemplated zoning proposal and development control proposal resulting therefrom can be presented to and acted upon by this City Council; and WHEREAS, said Ordinance No. 1069 has an initial effective period I of only four months , but pursuant to provisions of Government Code Section 65858 , this City Council has authority to extend said ordinance for an additional eight-month period; and WHEREAS, this City Council has , pursuant to Government Code Sec- tion 65858 , held a public hearing, after notice pursuant to Government Code Section 65856 ; NOW THEREFORE, THE CI^lY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1. By authority of Section 65858 of the Government Code of the State of California, Ordinance No. 1069 adopted by this City Council on June 22 , 1978 , hereby is extended for the eight- month period as authorized by Section 65858 . SECTION 2 . During the period of extension of Ordinance No. 1069 pursuant to SECTION 1 above, said Ordinance No. 1069 is hereby amend- ed by adding to SECTION 2 thereof a new subsection, to be designated "h. " and reading as follows : h. Projects upon real property in the area of the City described as Annexation No. 11 in Ordinance No. 875 . SECTION 3 . URGENCY AND EFFECTIVE DATE. This ordinance is adopted I as an urgency measure pursuant to the authority of Section 65858 of the Government Code as well as pursuant to the authority of other law, for the immediate preservation and protection of the public safety, health and welfare, and shall take effect immediately upon its adoption and passage by at least a four-fifths vote of the City Council. The declaration of facts constituting the urgency is as 002 Ord. No. 1073 Page 2 follows: The Palm Springs Planning Agency is continuing with the current studies and considerations of a contemplated zoning pro- posal and development control proposal for the City (referred to in Section 3 of Ordinance No. 1069) relating to needed modifica- tions and changes in land use and development regulations in the event the City' s sewage disposal plant is operating at or near the I limit of capacity, and it continues to appear tentatively that the developments and uses prohibited by Ordinance No. 1069 will be found at the conclusion of the said studies and considerations, to be incompatible and in conflict with the contemplated new zoning proposal and development control proposal as aforesaid. It is accordingly essential to the public interest that the con- trols imposed initially by Ordinance No. 1069 be maintained dur- ing an additional reasonable interim period during which the said studies and considerations can be completed and final zoning regu- lations and development control regulations can in due course be formulated and promulgated for the City. SECTION 4. EFFECTIVE PERIOD. This Ordinance, and Ordinance No. 1069 , shall remain in effect for the eight-month period of exten- sion beyond the four-month period specified .in Ordinance No. 1069 , all pursuant to Section 65858 of the Government Code of the State of California, unless sooner repealed or otherwise modified, and subject to any further extension of the effective period duly en- acted pursuant to and in accordance with said Section 65858. SECTION 5. PUBLICATION. The City Clerk shall certify to the passage hereof and cause the same to be published once, within fifteen (15) days after passage, in THE DESERT SUN, a daily news- paper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 18th day of October 1978. AYES: Cotmcilmembers Beadling, Field, Rose and Mayor pro tem Doyle NOES: None ABSENT:Mayor Beirich ATTEST- J CIT fCS PALM SPeaN d , CALIF®RNIAe.'v By eputy City Clerk `Mayor r. „ REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1073 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 18th day of October, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation, on November 2, 1978. DONALD A. BLUBAUGH City Cleric B JUDITH SUMICH - Deputy City Clerk c1u s ORDINANCE NO. 1074 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE WITH REGARD TO SETBACKS ALONG`EAST PALM CANYON DRIVE, PARKING REQUIREMENTS FOR MEDICAL OFFICES, CONDOMINIUM CONVERSIONS, AND OTHER MINOR CORRECTIONS TO ELIMINATE OUTDATED REQUIREMENTS AND REFERENCES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 9301 .08 is hereby added to the Palm Springs Zoning Ordinance to read as follows: 9301 .08 East Palm Canyon Drive. Setback (between Sunrise Way and Golf Club Drive . The building setback line on the north and south sides of the street shall be 125 ft. from centerline of East Palm Canyon Drive between Sunrise Way and Golf Club Drive. SECTION 2. The portion of Subsection E of Section 9306.00 of the Palm Springs Zoning Ordinance, dealing with parking requirements for "Offices, all types" is hereby amended to read as follows : Offices , Non-Medical . One (1 ) space for each 200 square ft. of gross floor area , exclusive of floor area used for air conditioning or other utility equipment. I Offices, Medical and Dental . One (1 ) space for each 150 square ft. of gross floor area, exclusive of floor area used for air conditioning or other utility equipment. SECTION 3. Section 9404.00 of the Palm Springs Zoning Ordinance is hereby amended by adding thereto Subsection M to read as follows: M. Condominium Conversion. A subdivisioxr, involving prospective conversion of one or more existing structures into condominiums shall be approved only if the proposed condominium use of the property will be in conformity with the General Plan, and each such structure if newly constructed as of the date of map approval could be lawfully so constructed per the applicable zoning regulations, building codes , and fire safety codes. SECTION 4. Subsection G of Section 9306.00 of the Palm Springs Zoning Ordinance is hereby amended to read as follows: G. In—Lieu Payments. 1 . In commercial zones , in• lieu of furnishing the parking spaces required by the provisions of this Section, the requirements thereof may be satisfied by the payment of such amount as may be prescribed by resolution of the City Council , into the Off-Street Parking Fund of the City prior to the issuance of a building permit. In no event shall this provision be utilized in lieu of the furnishing of more than six (6) off-street parking spaces. 2. Funds placed in the Off-Street Parking Fund of the City, pursuant to the provisions of Section 9306.00 G-1 above, shall be used and expended exclusively for the purpose of acquiring and developing off-street parking facilities, limited insofar as practicable to the general vicinity of the premises for which the in-lieu payments were made. 5 b 1 -004 5 b 2 Ord. No. 1074 Page 2 SECTION 5. Subsection G.1 . of Section 9313.00 of the Palm Springs Zoning Ordinance is hereby amended to read as follows: 1 . The following requirement shall supplement (and supersede to the extent of any inconsistencies) the requirements of Chapter 70, (Excavation and Grading) of the Uniform Building Code, the Grading Ordinance of the City of Palm Springs currently in effect at the time of permit issuance. SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 7. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published, and circulated in the City of Palm Springs , California. ADOPTED this 1st day of November 1978 AYES: Councilmembers Beadling, Field, Rose and Mayor pro tem Doyle NOES: None ABSENT: Mayor Beirich ATTEST- CITY..OF;-i?�M SP '94LIFO;NIX 71 BYE Deputy City Clerk Mayor.,, REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1074 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the lst day of November, 1978, and that same was published in TIT, DESERT SUN, a newspaper of general circulation, on November 9, 1978. DONALD A. BLUBAUGII City Cleric BY: SUDITH SUMICH \--- Deputy City Clerk I 005 / ORDINANCE NO. 1075 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE UNIFORM FIRE CODE, 1976 EDITION, AND ALL APPENDICES, TABLES AND INDICES FOLLOWING, WITH THE EXCEPTION OF APPENDIX H, REGULATING AND SAFEGUARDING LIFE AND PROPERTY FROM THE HAZARDS OF FIRE AND EXPLOSION; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING THE UNI- FORM FIRE CODE, 1973 EDITION (FORMERLY PALM SPRINGS ORDINANCE 1031) AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THERE- WITH. 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 1976 Edition" and all appendices , tables and indices thereto, with the exception of Appendix H, 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 ex- plosion arising from the storage, handling and use of hazardous substances , materials and devices , and from 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 amend- ments : Sections 1 .010 (added) , 1.020 (added) , 1 .102 (c) (added) , 1 .203 (deleted) , 1.205 (deleted) , 1212 (b) (amended) , 1.212 (e) (added) , 1 .215 (amended) , 1 .403 (amended) , 11 .106 (e) (added) , 13 .205 (c) (added) ,, 13.205 (c) l (added) , 13 .205 (c) a (added) , 13 . 301(f) (added) , 13 .307 (a) (amended) , 13 .311 (a) (amended) , 13 . 313 (b) (amended) , 15 .201 (a) (amended) , 15 .210 (a) (amended) , 15 . 601 (a) (added) , 15 .901 (amended) , 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) (amended) , 19 .106 (c) (amended) , 20 .113 (added) , 22 .102 (amended) , 22 . 103 (a) (amended) , 22 .103 (b) (amended) , 22 .110 (c) (amended) , 22 .110 (d) (amended) , 26 .112 (c) (added) , 26 .115 (c) (added) , 26 .117 (added) , 27 .201 (d) (added) , 27 .207 (added) , Appendix H (deleted) , Appendix I (added) , in the following aspects: Add Section 1 .010 - Establishment and duties of Division of I Fire Prevention. (a) The Uniform Fire Code shall be enforced by the Division of Fire Prevention in the Fire Department of the City of Palm Springs, which is hereby established and which shall be operated under the supervision of the Fire Chief. (b) The Chief in charge of the Division of Fire Preven- tion 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 . 1 b 1 ()06 1 b 2 Ord. No . 1075 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 Division 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 re- commend any amendments to the code , which, in their judgment shall be desirable. Add Section 1.020 - Definitions . (a) Wherever the term "muni- cipality" 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) Wherever the words "Chief of the Bureau of Fire Pre- vention" 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. Delete Section 1 .203. Amend Section 1.212 (b) - Compliance. An,'7 order or notice issued I 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 other- wise, and the order or notice requires additions or changes in the building or premises such as would immediately become real estate and be the property of the owner of the building or pre- mises , such order or notice shall be complied with by the owner unless the owner and occupant have otherwise agreed between them- selves , in which event the occupant shall comply. Add Section 1.212 (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 there- under 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 007 Ord. No. 1075 Page 3 severally for each such violation and noncompliance guilty of a misdemeanor punishable 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 imprisonment. Each person is guilty of a separate offense for each day or portion thereof during which any violation of any pro- vision 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 con- ditions 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 construc- tion and to provide for reasonable interpretations of the pro- visions 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 1 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 ihdefinite term. Vacancies shall be filled in the same man- ner as the original appointment. All matters before the Board shall be administered by the Fire Chief 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 there- with. Amend Section 1 .403 - Assembly. Assembly shall mean the gather- ing together of 50 or more persons for such purposes as de- liberation_, 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 Prohibited. 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. Add Subsection 13 . 205 (c) - Fire Lanes on Private Property, De- voted 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. 1 b 3 ()()B 1 b 4 Ord. No. 1075 Page 4 No vehicle 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. Add Section 13.205 (c) l . Installation of security devices or okstructions across private roadways must be approved by the Fire Department prior to installation. Approved devices must meet the following criteria: 1 . An attendant must be on 24-hour duty to allow passage of emergency appratus . 2 . In lieu of an attendant, an approved manual activation switch readily accessible requiring no special knowledge and properly labeled "Emergency Use Only" must be in- stalled. Any facility which is nonconforming to the requirements of this section shall either be removed or made to conform to this section within a period of six (6) months from the effective date of this Code . Add Section 13 .205 (c) 2 . Proposed new street names and addresses Tor private streets must be submitted to the Fire Department for review and approval of compatibility with existing street names in order to facilitate emergency services alarm response. Add Subsection 13 . 301 (f) . In all Group R-1 occupancies there ' shall be one or more Class "2.A" 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 (51 ) above the grade or floor level of the build- ing. The distance of travel to an extinguisher from any point, shall not exceed seventy-five feet (75 ' ) . EXCEPTION: The re- quirement for fire extinguisher, cabinets may be waived if good cause is shown to the Fire Prevention Division Chief . Amend Subsection 13. 307 (a) . Every apartment house three stories or more in height, or 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 skull be 'so designed that all occupants of the building may be warned simultaneously. Amend Subsection 13. 311 (a) - General. Wet standpipes shall comply with the requirements of this section° Occupancy classifications shall be determined by the Bulding Code . _11Required wet standpipes extending from the cellar or basement into the topmost story shall be provided in Group A, Division 1 and 2 occupancies with an occupant load exceeding 1000 ; in Group I , i H, B and R-1 Occupancies , three or more: stories in height; and in I Groups H and B occupancies having a floor area exceeding 20 ,000 ,square feet per floor. Add Subsection 13. 313 (b) - Whe qu re Reired. 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 construction is not more than 30 feet in height above grade . Such standpipe shall be provided with Fire Department inlet connections at Ord. No. 1075 Page 5 accessible locations adjacent to usable stairs, but in no case shall the distance from the curb line to Fire De- partment connection exceed forty feet (40 ' ) . Such stand- pipe 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. 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 com- bustible storage tank shall not be located under a building. The tank shall be so located with respect to existing founda- tions and supports that the loads carried by the latter cannot be transmitted 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 of any basement, pit or cellar shall be not less than 1 foot and from any property line that may be built upon, 1 not less than 3 feet. A minimum distance of 1 foot, shell to shell , shall be maintained between underground tanks . Add 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. Amend 15 .901 - Locations. The operation of a chemical plant, Y distillery, refinery or plant storing or handling crude pe- troleum 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 .100.2 . Delete Section 15 .1003. Delete Section 15 .1004. IDelete Section 15 .1005 , Delete Section 15 .1006 . Delete \Section 15 .1007. Delete Section 15 .1008. 1 b 5 1 b 6 Ord. No . 1075 Page 6 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) - Nitrome n thane . Nitromethane shall be prohibited in all fire zoes and or all districts . Amend Subsection 19 .106 (d) - Ammonium Nitrate . Ammonium Nitrate shall be prohibited in all fire zones and/or all districts . Add Section 20 . 113 - New Installations of Liquefied Petroleum Gas . All new installations of liquefied petroleum gas with a capacity of 2000 gallons or more shall be protected by an approved automatic fixed water spray system. The system shall protect the entire surface area of the ,yank 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 ob- tained 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 Billets . Storage of magnesium pigs , ingots and billets 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 combustible material or buildings by a distance of not less than six feet (6 ' ) . Amend Subsection 22 .103 (b) . Storage of pigs, ingots and billets in 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 opera- tions shall not exceed 2500 pounds . Piles shall be kept a minimum distance of six feet (61 ) from combustibles . 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. Add 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 I writing, (when attendance is planned or expected to exceed three hundred [3001 or more) of said performance or activity. Add Subsection 26 .115 (c) - Tiki and/or Luau Torches . Notwithstand- ing the foregoing, all portable torches using liquid fuel shall be prohibited when used in relationship with any public meeting or gathering for any purpose . till Ord. No . 1075 Page 7 Add Section 26 ,117 - Detailed Requirements for Installa- tion of Permanent Tiki and/or Luau Torches Using Liquid Fuel or natural gas . 1 . Installer shall obtain 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. 2 . Maximum lenght' 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. . EXCEPTION: If mounted on a structure and braced to the satisfaction of the inspection authority, minimum size could be one (1" ) inch. 5. A radius of five feet (5 ' ) between torch burner and combustibles shall be maintained. 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. 7 . When exposed to probable vehicular damage due to proximity to alleys, driveways or parking areas , torches shall be suitably protected. _ 8 . Where natural gas is used, an approved shut-off valve shall be located at or near the base of the torch and a valve labeled "secondary shut-off" shall be located at a readily accessible remote location. Secondary valves may operate one or more torches. Add Section 27 .201 (d) - Accumulation of Waste Material . Waste containers or temporary storage of combustible waste in commercial business , hotels and apartment areas shall not be located within five (5) feet from a line run verti- cally from the outer edge of a combustible roof eave or overhand of a single story structure, nor within five (5) feet measured horizontally from any opening in an exterior wall , nor within five (5) feet of a combustible exterior wall unless such storage area is provided with a domestic fire sprinkler system approved by the Fire Department. Definition of openings for the purpose of this section shall mean any wall penetration, doors , windows and vents . Add Section 27 .207 - Mobile Floats and Displays . (A) Permit required. No person shall construct or use mobile floats or displays for public per- formance, presentation, spectacle or entertain- ment, without a permit. (B) All decorative materials shall be of fire resistive or flame retardant materials . (C) All motorized apparatus shall be provided with approved emergency exit way for human occupants. (D) All motorized apparatus shall be provided with a portable fire extinguisher of at least a 2A-10BC rating, readily accessible to the operator. (E) Motorized apparatus shall be of good condition and free of mechanical defects which would present a fire hazard. 1 b 7 ()19 L b 8 Ord. No . 1075 Page 8 Delete Appendix H. Add Appendix I - Plans and Specifications . With each appli- cation for a building permit, one set of plans and specifica- tions for such building shall be submitted to the Division of Fire Prevention . Such plans and specifications shall be complete, and after approval, work specified therein shall be executed strictly in accordance with such approved plans and specifications . Any change, erasure , al.teration, or modifica- tion, affecting fire and life safety, or any drawing or speci- fication bearing the stamp of the Division of Fire Prevention, automatically voids the approval of such drawing and specifica- tions 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 construction with an area not exceeding 750 square feet. 2 . Group R, Division 3 . 3. Group M, Divisions 1 and 2 . 4 . Small and unimportant work. Plans and specifications bearing the stamp of the Building 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 . SECTION 3 . ordinance No . 1031 of the City of Palm Springs and any ordinance expressly modifying Ordinance No. 1031 , and any ordinances or parts of ordinances in conflict herewith are repealed. SECTION 4 . If any section, subsection, clause or phrase of this Ordi- nance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remain- ing 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 , irres- pective 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 circula- tion, printed, published and circulated 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 18 , 19 78 , 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 15 19 78 , by the following vote, to wit: AYES : Councilmembers Beadling, Field, Rose and Mayor pro tem Doyle NOES : None ABSENT: Mayor Be'irich CITY 9ItRALM SPRIN , CALIFORNIA ATTEST, sue^ y -�- Ma Depvty y Clerk Cam' REVIEWED & APPROVED 013 I HEREBY CERTIFY that the foregoing Ordinance 1075 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of November, 1978, and that same was pub- lished in THE DESERT SUN, a newspaper of general circulation, on November 27, 1978. DONALD A. BLUBAUGH City Clerk / L BY:: SUDITH SUMICH Deputy City Clerk 015 ORDINANCE NO. 1076 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE UNIFORM BUILDING CODE, 1976 EDITION, AND ALL APPENDICES, TABLES AND INDICES FOLLOWING, WITH TI4E EXCEPTION OF APPENDIX CHAPTERS 15, 23, 35, 38, 48, 51 , AND 57; ADOPTING THE UNIFORM BUILDING CODE STANDARDS, 1976 EDITION; ADOPTING THE UNIFORM HOUSING CODE, 1976 EDITION, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1976 EDITION; ADOPTING THE UNIFORM MECHANICAL CODE, 1976 EDITION, AND ALL APPENDICES, TABLES AND INDICES FOLLOWING; ADOPTING THE UNIFORM PLUMBING CODE, 1976 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: 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 1976 Edition" and all appendices, tables and indices thereto (with the exceptions noted hereinafter) , and "Uniform Building Code Standards 1976 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, demolition, 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 collection of fees there For; 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 amendments: Sections 104(a) (amended) , 204 (amended) , 205 (amended) , 301 (a) (amended) , 304(g) (added) , 307 (added) , 308 (added) , 512 (added) , 1310(a) (amended) , 1413 (amended) , 1501 (amended) , 1505 (amended.) , 1601 (a) (amended) , 2518(h) (amended) , 3203(g) (amended) , 3207 (amended) , 3804(b) (amended) , 3806(b) (amended) , 4706(e) (amended) , 4708(a) (amended) , 7003(l , 8 and 9) (deleted) , 7006(d) (amended) , 7009.1 (added) , 7013(c) (d)(e) (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, apartment 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 (b) , (c) , and (d) of this section as long as the building or structure is not increased in area, volume, or size and does 1 b 9 01G 1 b 10 Ord. No. 1076 Page 2 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 additions, alterations, or repairs of any type on all other occupancy group buildings and structures shall comply with all require- ments 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 at least five and not more than 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. 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 there- with. 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 . Replacement of more than 25 percent of the roof covering of any existing building or structure or the application of any addition- al layer of roofing or foamed plastic shall likewise require a permit. Add Subsection 304(g)-Sanitary Facilities. A chemical toilet or water closet shall be available on each construction site and shall remain in place until construction is completed. One (1 ) such toilet or closet shall be provided for each complement Ord. No. 1076 Page 3 of twenty (20) workers or fraction thereof, Such toilets or closets shall be placed no less than twenty-five (25) feet inside any property line of the building site. Doors to the toilets or closets, shall face the building under construction. Any chemical toilet shall be cleaned a minimum of one (1 ) time per week. Where construction is being performed at multiple locations on a project site, such toilets shallibe not more than five hundred (500) feet apart. Add Section 307-Limitation of Uses on Construction Sites. (a) 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, structure or work of improvement which is under or in the course of construction and not com- pleted, whether in an automobile, trailer or otherwise. (b) The erection or placement of any construction office, tool shed, night watchman's shelter, trailer, camping vehicle, or other temporary facility on a construction site shall be subject to approval of the Building Official concerning location and duration. All such temporary facilities shall be removed prior to final inspection unless special need for limited retention is shown and a performance bond to assure timely removal is provided per approval of the Building Official , (c) No person shall make use of a construction site as a gathering place, or party place, or otherwise loiter on the site after the hours of construction as provided for in Section 308 have expired. Add Section 308-Limitation of Flours of Construction (a) 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 improve- ment to realty between the hours of five o'clock p.m. of each day and eight o'clock a.m. of the next day if the noise or other sound produced by such work is of such intensity or quality that it disturbs the peace and quiet of any other person of normal sensitivity. (b) No person doing or causing work prohibited by subsection (a) above, after being informed orally or in writing that such work has caused noise or sounds which disturb any other person's peace and quiet, shall fail , refuse or neglect to take whatever steps or use whatever means are necessary to assure that such wort: does not again disturb such other person's peace and quiet. EXCEPTIONS: 1 . Emergency repair of existing installations of equipment and appliances. 2. Construction work complying with the terms of a written "Early Work Permit" which may be issued by the Building Official upon a showing of sufficiency of need due to hot or inclement weather, or the use of an unusually long- process material , or other circumstance of unusual and compelling nature. 1 b 11 1 b 12 Ord. No. 1076 Page 4 Add Section 512-Noise Insulation. All residential units, including detached single-family dwellings, shall be constructed to comply with the State Noise Insulation Standards prescribed pursuant to Section 1092 and related sections of Title 25, California Administrative Code, when located within a Noise Critical Area as defined by the City of Palm Springs pursuant to criteria set forth in Section 1092 of Title 25, California Administrative Code. Amend Subsection 1310(a)-Fire Warning Systems . Every dwelling unit within an apartment house and every guest room in a hotel used for sleeping purposes shall be provided with smoke detectors conforming to U.B.C. Standard No. 43-6 for detectors wired to a permanent power source. In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. In an efficiency dwelling unit, hotel sleeping room and in hotel suites, the detector shall be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping rooms are on an upper level , the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located within 12 inches of the ceiling. Care shall be exercised to insure 0 at the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. Amend Section 1413-Fire Warning System. Every dwelling and guest room in lodging houses shall be provided with a sinoke detector conforming to U.B.C. Standard No. 43-6 for detectors wired to a permanent power source. The detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level , the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located within 12 inches of the ceiling. Care shall be exercised to insure that the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. Amend Sec ll betion 1501-Grou M Occupancies Defined. Group M ccupancies sha : Division 1 . Private garages , carports, sheds, and agricultural buildings. Division 2. Fences over 6 feet high, tanks, and towers. Division 3. Construction or erection of barbed wire fences are prohibited. Amend Section 1505-Garage Floor Surfaces. Floor surfaces where motor vehicles are stored or operated shall be of non-combustible materials except that private carport floors may be of asphaltic paving materials. 019 Ord. No. 1076 Page 5 Amend Subsection 1601 (a)-Fire Zones Defined. For the purpose 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-IAA, C-D-N, C-B-D, C-S-C, C-M, and P as from time to time fixed and established under the Zoning Ordinance of the City of Palm Springs, as amended, and all hillside, canyon, and brushland areas of the City that are indicated as Medium and High Fire Risk areas on the Palm Springs Seismic Safety-Safety Map Element of the General Plan. (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 included within Fire Zone No. 2 as indicated in Subsection (1 ) . Amend Item 7. of Subsection 2518(h) . 7. Roof Sheathing. Roof sheathing shall be in accordance with Table No. 25-Q for lumber or No. 25-R for plywood except that the minimum thickness for plywood shall be 1/2 inch and all edges shall be blocked or mechanically reinforced where spans exceed 16 inches. The minimum plywood thickness for spans greater than 16 inches without edge blocking or reinforcement shall be 5/8 inch. Joints in lumber sheathing shall occur over supports unless approved end matched lumber is used in which case each piece shall bear on at least two supports . Plywood used for roof sheathing shall be bonded by inter- mediate or exterior glue. Add Exception 5. to Subsection 3203(q)-Slope of Roof. 5. Roofing on slopes less than 1/2 inch in 12 inches shall be installed with a minimum of 4 plies of type 15 or heavier felt. Base sheet to be nailed or spot mopped. Solid mopping between the plies and surface flood coat shall be provided as required in this Code for mineral aggregate surfaced built-up roofs . Amend Section 3207-Roof Drainage. (a) Roofs with design slopes less than 1/4 inch in 12 inches shall be provided with roof drains not less than 2 inches in diameter at a minimum spacing of one (1 ) such drain at the low point of each 300 square ft. increment of roof area. (b) Where roof drains are required, independent overflow drains having the same size and spacing shall be installed with the inlet flow line located 2 inches above the low point of the roof, unless overflow scuppers or roof edge provides alternate relief of overflow at the same or lower level . 1 b 13 1 b 14 Ord. No. 1076 Page 6 Amend Subsection 3804(b)-Where Required. Wet standpipes extending from the cellar or basement into the topmost story shall be provided in every Group A Occupancy of any height, and every Group E Occupancy two or more stories in height, and every Group I, H, B, and R, Division 1 Occupancy three or more stories in height; and in Groups H and B, Divisions 1 , 2, and 3 Occupancies having a floor area exceeding 20,000 square feet per floor. EXCEPTIONS: 1 . Group A buildings having no stage and having a seating capacity of less than 500 need not be equipped with interior wet standpipes unless three or more stories -in height. 2. Wet standpipes are not required in buildings equipped throughout with an automatic fire extinguishing system. 3. Wet standpipes are not required in basements or cellars equipped with a complete automatic fire extinguishing system. 4. Wet standpipes shall not be required in assembly areas used so'Lelyfor worship. Amend Subsection 3806(b st)-Construction Standpipe Requirements. Every building, four ories 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 locations adjacent to usable stairs, but in no case shall the distance from 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. Add the following exception at the end of Subsection 4706(e) . EXCEPTION: Weep screeds may be eliminated where the exterior plaster is carried all the way to grade on wall systems where the foundation plate is affixed flush to the edge of an on-grade concrete floor slab and the lath and paper extends at least 2 inches below the plate line. Amend Subsection 4708(a)-General . Plastering with portland cement plaster shall be not less than 'three coats when applied over metal lath or wire fabric lath and shall be not less than two 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-eights (7/8) inch. Only approved plasticity agents and approved amounts thereof may be added to portland cement. When plastic cement is used, no additional lime or plasticizers shall be added. Hydrated lime or the equivalent amount of lime putty used as plasticizer, may be added to portland cement plaster in an amount not to exceed that set forth in Table No. 47-f. 021 Ord. No. 1076 Page 7 Delete Items numbered 1 , 8, and 9, from Section 7003. Add subparagraph 6. to Subsection 7006(d) concerning Information 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 so that special dust control measures are no longer necessary. Add Section 7009.1-Hillside Excavation and Grading. The provisions of Section 9313.00 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. Add Subsection 7013(d)-Special Measures . All grading or fill operations that exceed one III acre in size on which the extent of open land and its exposure to seasonal winds indicates a likely potential for damage of neighboring street traffic or property improvements by windblown Sand or dust shall be subject to special measures as may be determined necessary by the Building Official to adequately control wind erosion. Such special measures may be required in addition to an on-site watering system and may include any of the following: 1 . Temporary restraints against removal of existing perimeter plant growth. 2. Placement of temporary wind-break fences or advance construction of planned perimeter walls. 3. The posting of a cash bond by the permittee or property owner throughout the period of time that the grading project is vulnerable to wind erosion. Such bond to be conditioned for, and limited to, expenditure by the Building Official in such increments as may be determined necessary to pay for emergency watering or other emergency erosion control measures deemed necessary by the Building Official in the event of discovery of a windblown sand or dust nuisance condition having developed and in the event effective remedial measures by the owner or permittee are not forthcoming in a timely manner. Add Subsection 7013(e)-Limitation of Activity. Where occasions of complaint of windblown sand or dust arise concerning a graded project and investigation indicates that erosion control measures are inadequate, the Building Official may require additional erosion control measures and may limit or halt all 1 b 15 022 lb 16 Ord. No. 1076 Page 8 activities on the site which may be disturbing graded surfaces until such time that adequacy of erosion control has been achieved. Amend Subsection 7014(b)-Grading Designation. All grading in excess of 2,000 cubic yards shall be 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 desig- nated "regular grading" unless the permittee, with the approval of the Building Official , chooses to have the grading performed 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 1976 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 at least five and not more than 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 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 conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Building 023 Ord. No. 1076 Page 9 Official . Appeals to the Board shall be processed in accordance with the provisions contained 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 1976 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, 1976 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. 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 subject to the provisions of Section 104 of the Uniform Building Code as amended and adopted by the City of Palm Springs. 1 b 17 "24 1 b 18 Ord. No. 1076 Page 10 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 provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, there is hereby estab- lished a Board of Appeals, consisting of at least five and not more than 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. 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 access- ible 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 1976 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 and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance of heating, ventilating, cooling, refrigeration 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) , 1105 (added) , 1305 (added) , and 1521 (added) , in the following aspects : d)?5 Ord. No. 1076 Page 11 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 at least five and not more than 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. 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 1105-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 aforesaid, until and unless the applicant therefor has satisfied the Building Official , by test or other means, that this section has been and will continue to be complied with. Every such certificate or final approval shall be deemed to be conditioned upon continued compliance with this section at all times in the future. Any violation or noncompliance of or with this section shall constitute grounds for suspension or revocation, after a hearing in compliance with the requirements of due process, of the Certificate of Occupancy of any building, subject to the above requirements . Add Section 1305-Waste Water, Evaporative coolers shall be equipped with water recirculation devices 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 absorption 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 1976 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, 1 b 19 1 b 20 Ord. No. 1076 Page 12 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 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, deletions and amendments : Section 20.3 (amended) , Table 4-1 (amended) , Sections 403(c) (added) , 406(j) (added) , 1101 (amended) , and Appendix G (deleted) , in the following respects: Amend the first sentence of Section 20.3-Violations and Penalties . Any person, firm or corporation violating any provision of this Code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed $500 or by imprisonment in the city or county jail for not to exceed six months, or both fine and imprisonment. 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 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. (b) Where any existing private sewage system has failed by reason of requiring pumping or by reason of structural failure, and where the City Sewer exists within one hundred feet (100' ) of the premises , then the subject premises shall be connected 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, on 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. Op s Ord. No. 1076 Page 13 Delete Appendix "G" - "Swimming Pools: in its entirety. SECTION 11 . The prior "Uniform Building Code,1973 Edition", "Uniform Building Code Standards, 1973 Edition", "Uniform Housing Code, 1973 Edition", "Uniform Code for the Abatement of Dangerous Buildings, 1973 Edition", "Uniform Mechanical Code, 1973 Edition", and the prior "Uniform Plumbing Code, 1973 Edition" are each and all hereby repealed. Also, any other ordinances or parts of ordinances 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 subsection, sentence, clause and phrase thereof, irrespective of the 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. 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 18, 1978, and thereafter, 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 15, 1978, by the following vote, to wit: AYES: Councilmembers Beadling, Field, Rose and Mayor pro tem Doyle NOES: None ABSENT: Mayor Beirich ATTEST: CITY Q LM SPRING$; qU FORNIA By _.Deputy City Clerk favor REVIEWED & APPROVED CJz I HEREBY CERTIFY that the foregoing Ordinance 1076 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of November, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation, on November 27, 1978. DONALD A. BLUBAUGH City Clem BY-. JUDITH SUMICH Deputy City Clerk 1 b 21 023 ]: b 22 ORDINANCE NO. 1077 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE BY AMENDING REFERENCE TO THE UNIFORM BUILDING CODE, THE UNIFORM BUILDING CODE STANDARDS, THE UNIFORM HOUSING CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE UNIFORM PLUMBING CODE, TO REFLECT THE CURRENT 1976 EDITION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS;, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Chapter 8.04 of the Palm Springs Municipal Code is hereby amended to read as follows: Chapter 8.04 UNIFORM 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: Ordinance Date Number Passed 10.76 November 15, 1978 TITLE OF ORDINANCE An ordinance of the City of Palm Springs, California, adopting the Uniform Building Code, 1976 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 , 1976 Edition; adopting the Uniform Housing Code, 1976 Edition, the Uniform Code for the Abatement of Dangerous Buildings, 1976 Edition; adopting the Uniform Mechanical Code, 1976 Edition, and all appendices, tables and indices following; adopting the Uniform Plumbing Code, 1976 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 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. I 029 Ord. No. 1077 Page 2 8.04.020 Citation of Building Code. This chapter, the Uniform Building Code, 1976 Edition, the Uniform Building Code Standards, 1976 Edition, the Uniform Housing Code, 1976 Edition, the Uniform Code for the Abatement of Dangerous Buildings, 1976 Edition, the Uniform Mechanical Code, 1976 Edition, and the Uniform Plumbing Code, 1976 Edition, said Ordinance No. 7076 and all amendments thereto, may be collectively referred 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 newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 15th day of November , 1978. AYES: Councilmembers Beadling, Field, Rose and Mayor pro tern Doyle NOES: None ABSENT: Mayor Beirich I \ ATTEST: `, CITYy Ol 'ALM SPRING$, CALIFORNIA Deputy City Clerk Mayor ) REVIEWED & APPROVED 1 HEREBY CERTIFY that the foregoing Ordinance 1077 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of November, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation, on November 27, 1978. DONALD A. BLUBAUGH City Clerk BY: ' JUDITH SUMICH Deputy City Clerk lb 23 l 030 1 b 24 ORDINANCE NO . 1078 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE BY AMENDING CHAPTER 11. 02 TO REFER TO THE 1976 EDITION OF THE I UNIFORM FIRE CODE. - THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 11 .02 of the Palm Springs Municipal Code is hereby amended 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 Passed 1075 November 15, 1978 TITLE OF ORDINANCE An ordinance of the City of Palm Springs , California, adopting the Uniform Fire Code,, 1976 Edition, and all appendices , tables and indices thereto (with the exception of Appendix H) , regulating and safeguarding life and property from the hazards of fire and ex- plosion; providing penalties for the violation there- of; and repealing the Uniform Fire Code, 1973 Edition (formerly Palm Springs Ordinance No. 1031 and any ordinance expressly modifying Ordinance No. 1031) and all ordinances and parts of ordinances in conflict 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 di- rected to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN,, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs , California. ADOPTED this 15th day of November _, 1978. AYES : Councilmembers Beadling, Field, Rose and Mayor pro tem Doyle NOES : None ABSENT: Mayor Beirich ATTEST: CITY,,,OFALM SP$,II�.CiS,, CALIFORNIA 1 i Fy'v '' �, a By_ My4r eputy City Clerk a REVIEWED & .APPROVED / 031 I HEREBY CERTIFY that the foregoing Ordinance 1078 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting therof held on the 15th day of November, 1978, and that same was pub- lished in THE DESERT SUN, a newspaper of general circulation, on November 27, 1978. DONALD A. BLUBAUGII City Clerk � BI JUDITH SUMICH _'Deputy City Clerk 0133 ORDINANCE NO. 1079 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 5 .40 . 010 OF THE PALM SPRINGS MUNICIPAL CODE TO INCLUDE AMBULANCE BUSINESSES WITHIN THOSE REQUIRED I TO OBTAIN CITY COUNCIL PERMISSION TO OPERATE, AND PROVIDING FOR THE CONTROL OF RATES AND FARES CHARGED. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1 . Section 5 .40 .010 of the Palm Springs Municipal Code is hereby amended to read as follows : 5 .40 .010 Franchise or license required--Rates . (a) REQUIREMENT--EXCEPTIONS . No person shall engage in the business of transporting passengers in a vehicle or vehicles over the streets of the city, where such passengers ' trips originate from points within the city, whether any such ve- hicle used is a taxicab, bus, ambulance, limousine, automobile for hire, or other public transportation vehicle, unless such person operating such business or engaging therein is acting pursuant to a franchise, license, permit or contract so to do from the city council . This section shall also apply to any business carrying passengers from a principal point or points I of origin outside the city but which regularly carries the passengers over the city streets as a major portion of the journey or journeys . This section shall not, however, be deemed applicable to any business of renting automobiles or other vehicles without drivers, nor to any passenger carrier operated by a public agency or entity or to any passenger carrier operating pursuant to express and specific permission granted by a superior authorized agency such as the State Public Utilities Commission or the Interstate Commerce Com- mission. (b) QUALIFICATIONS--CONDITIONS . Before granting any license, permit, franchise, or contract to conduct a passenger carrying business upon the streets of the city, the city coun- cil shall find and determine that the public convenience and necessity require the operation of the proposed new or in- creased passenger carrying business. The council shall also determine that the applicant is of good moral character and financially responsible, has and will carry adequate insurance to protect the public, and will use and continue to use vehicles safe and adequate for the intended purposes . The council may grant any entitlement for a fixed term or on an indefinite time basis, and subject to conditions and requirements deemed neces- sary or desirable in the public interest. The conditions and requirements attached to any such entitlement shall be subject to periodic review, modification, addition or deletion at such times as the council may prescribe in such entitlement or at the time of any periodic review, or at any time the council finds and determines such action to be necessary in the public interest after a change in circumstances. (c) REVOCATION OR SUSPENSION. Any such license, permit, franchise, or contract to conduct a passenger carrying business shall be subject to revocation or suspension by the city council after the holder thereof has been afforded opportunity for a 5 a 1 03`1 5 a 2 Ord. No . 1079 Page 2 due process hearing, where the holder is found to have fail- ed to maintain its operations up to standards prescribed herein or as conditions or requirements contained in or at- tached to the license, permit, franchise or contract. (d) FARES, CHARGES AND PRICES . In any such franchise, ' license , permit or contract, or in the conditions or require- ments attached thereto pursuant to (a) and (b) above, the holder thereof may in the discretion of the city council be required during operations thereunder to have and maintain on file with the city manager an approved tariff or schedule of fares , listing any and all fares, charges , fees , prices , costs and the like which are to be charged to members of the public during the course of business . No such tariff or schedule or later revision thereto shall be deemed effective unless and until the same has been approved by the city council upon ap- propriate determination that it is fair, reasonable and equit- able to both the public and to the business operator. In the event the council has not required the filing of a tariff or schedule as stated above, then the holder of the franchise, license, permit or contract is hereby prohibited from charging within the City any fare, charge , fee, price, cost, or the like, which exceeds the same then currently charged by such holder to patrons or customers in any area surrounding or near to the City; or in the event such holder does not serve any such area outside the City, then no charge shall be made in excess of the same or similar charges as are prevailing and levied by other businesses of the same or similar nature which do so service the areas surrounding or near to the City. (e) CITY FEES . Any person seeking any entitlement or I taking any other action prescribed or provided for by or with- in this section shall pay any applicable fee which may have been prescribed by resolution of the city council . SECTION 2 . Notwithstanding the provisions of SECTION 1 above, any person validly and with the proper city licenses and permits who has been conducting any passenger carrier business within the City prior to the enactment of this ordinance shall be entitled to continue such business on the same basis as before, for a ,period of two months fol- lowing the effective date of this ordinance . Thereafter, no such per- son shall conduct such business except pursuant to an entitlement issued pursuant. to SECTION 1 above, or pursuant to this SECTION 2 . In such cases the city manager shall be authorized to issue an initial permit for continuation of the business without considering the public convenience and, necessity factor, but shall impose conditions and re- quirements deemed necessary or desirable in the public interest. Such conditions and requirements shall thereafter be subject to periodic re- view by the city council and the permit shall be subject to revocation or suspension in the same fashion as prescribed in (b) and (c) of Municipal Code Sec . 5.40 .010 , with the first periodic review to be at the time prescribed by the city manager in the permit issued hereunder. Should the permit holder disagree with any condition or requirement imposed by the city manager pursuant to this SECTION 2 , the matter may be appealed to the city council for final decision. 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 di- rected to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of Ord. No . 1079 Page 3 general circulation , printed, published and circulated in the ' City of Palm Springs, California. ADOPTED this 15th day of November , 1978. AYES : Councilmembers Beadling, Field, Rose and Mayor pro tem Doyle NOES: None ABSENT: Mayor Beirich ATTESS:^� CITY„q PALM SPRIN,6S, CALI+FORNEA Deputy City Clerk � Mayor REVIEWED & APPROVED /(��/2 I HEREBY CERTIFY that the foregoing Ordinance 1079 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of November, 1978, and that same was published in THE DESERT SUN, a newspaper of general circulation, on November 27, 1978. DONALD A. BLUBAUGH Clerk BY: JUDITH SUMICH " Deputy City Clerk 5 a 3 036 ORDINANCE NO. I080 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 12 . 28. 130 ,, 12 . 32 . 050 , 12 . 32 . 060 AND 12 . 32 . 070 OF THE PALM SPRINGS MUNICIPAL CODE CONCERNING PARKING REGULATIONS ON PRIVATE PROPERTY AND ON CITY PROPERTY AND SCHOOL DISTRICT PROPERTY. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1. Section 12 . 28. 130 of the Palm Springs Municipal Code , relating to parking on private property, is hereby amended to read as follows : 12 . 28. 130 Parking on private property without per- mission or in an unauthorized manner. (a) No person shall stop, park or leave standing any vehicle on private property or 'business premises without the express or implied consent of the owner, authorized agent of the owner, person in lawful possession of such premises or property, or other person in charge thereof. (b) No person shall stop, park or leave standing any vehicle on private property or business premises at a time, or at a place thereon, or for a period of time, or in any manner otherwise, which is unauthorized by the owner, authorized agent of the owner, person in lawful possession of such premises or property, or other person I in charge thereof. (c) The following acts of stopping, parking or leaving standing a vehicle shall be included within those which shall be deemed in violation of subsection (a) or (b) whichever is applicable, :but other acts not mentioned may also violate either subsection. (The use of the term "parking" in the following examples shall be deemed also to include collectively acts of "stopping" and "leaving standing") : (1) Parking on any vacant lot or unimproved property unless affirmatively so permitted by posted sign (s) or by the authorized person in charge; (2) Parking offstreet on any improved private property not held open to use by the general public, unless such parking is by invitation of the occupant (s) or for bona fide business purposes upon the property; (3) Parking in any offstreet parking area or lot or facility of an apartment building, hotel or busi- ness enterprise which is indicated by sign (s) or other marking (s) to be reserved for use by tenants , residents or employees or others not including the person so parking; (4) Parking in the offstreet parking area or lot or facility of an apartment building, hotel or business enterprise , in an individual parking stall or any area which is indicated by a sign or other marking(s) to be reserved for the exclusive use of a person or persons other than the person so parking; (5) Pa:-king in a shopping center or business parking area or facility for a purpose other than doing business with one or more of the stores or offices at the site, or for a purpose not related to such business opera- tions, or remaining parked for longer than reasonably appropri- ate to do such business or acts related to such business operations ; 5 b 1 V� 5 b 2 Ord. No. 1080 Page 2 (6) Utilizing a space or stall which is indicated by sign (s) or other marking (s) to be reserved for use in connection with a particular store, office or business, and parking in the same for a purpose other than that for which it is so reserved; 1 (7) Parking in any stall or space which is indi- cated by sign (s) , blue painted curbing or other marking (s) , to be designated for the exclusive use by physically handi- capped persons, of a vehicle not displaying one of the distinguishing license plates or placards issued pursuant to California Vehicle Code Section 22511. 5 or Section 9105; (8) Parking at any spot where such parking is prohibited, as indicated by sign (s) , markings , striping, lettering on pavement, red-painted curbing, or by any other means, including (but not limited to) areas and locations within areas reserved for or designated as traffic lanes for movement of vehicles or pedestrians , clear areas at or near building entrances or exits , fire lanes , sidewalks or pedes- trian or bicycle lanes, clear areas at or near ramps or other facilities used by or intended for use of handicapped persons, unimproved areas , dangerous areas, areas to be utilized by larger vehicles such as trucks , buses , emergency vehicles or other service vehicles , or areas designated for any other busi- ness or special use; (9) Except when necessary to avoid conflict with other traffic or by reason of vehicle disablement or bona fide emergency, parking, standing or waiting at a location within a traffic lane or otherwise, which substantially interferes I with the normal movement of vehicular or pedestrian traffic at such location; (10) Parking in violation of the restrictions stated on any other sign or marking (s) not mentioned in the foregoing subsections , which has or have been placed on private property or business premises by the owner, authorized agent of the owner, person in lawful possession of such premises or pro- perty, or other person in charge thereof; (11) Failure or refusal to remove or move a parked or standing or stopped vehicle from private property or busi- ness premises , in compliance with a direction so to do by the owner, person in lawful possession of such premises or pro- perty, or other person in charge thereof; or violation of a direction by such person not to park, stop or stand a vehicle upon, or at a particular location upon, such premises or pro- perty; provided that this Section 12 . 28. 130 shall not apply to an act or failure or refusal to leave private property or to noncompliance with a direction to keep off such property, in any of those instances listed in Section 11. 64 . 040 of this code; or (12) Parking on a private street in violation of a prohibition or restriction stated on any sign or marking (s) or notification giving notice thereof, placed or given by or pur- suant to authority of the association or person or other entity owning or in charge of such private street. (d) Nothing in this section affects or limits the rights or remedies any person may have pursuant to any other provi- sion of law, such as Section 22658 of the California Vehicle Code, to remove or cause removal of a vehicle parked upon pri- vate property. Ord. No. 1080 Page 3 (e) It shall be the policy of the city council to encourage the posting of signs on shopping center parking, facilities similar to the signs mentioned in Section 21107.0 of the California Vehicle Code, to give notice to the public that the parking regulations applicable on the private park- ing facility are subject to official enforcement by citations I and fines and otherwise. This does not, however, authorize signs posted in nonconformance with the city' s sign control ordinance or other applicable regulations ; and the posting of such signs shall not be deemed a requirement or condition precedent to enforcement of this section. (f) Sections 41102 et seq. of the California Vehicle Code are hereby referred to and incorporated herein by this reference, and shall be applicable in connection with any prosecution for violation of this section, in the same manner and to the same extent as said sections are appli- cable to prosecutions for parking violations occurring on the public streets. SECTION 2 . This City Council, in accordance with Vehicle Code Section 21113, has determined at a regular meeting, and hereby does determine, that the use of vehicles on city property should be regulated in the manner prescribed in this Ordinance. Accord- ingly, Sections 12. 32. 050 , 12. 32 . 060 and 12. 32 . 070 of the Palm Springs Municipal Code, concerning parking regulations applicable to city property and to public school property, are hereby amended to read as follows : 12 . 32 . 050 Parking and driving on city property. (a) I The city manager shall from time to time examine and sur- vey all city-owned parking lots , parking areas and other properties , and all property under the city' s direct control, with respect to vehicle driving and parking, uses , and the need for regulations applicable thereto in order to assure proper and appropriate use of such public properties and to prevent interferences with the orderly and efficient conduct of the city' s business . (b) Based thereon, the city manager shall promul- gate such conditions, rules and .regulations governing driving, stopping, parking or leaving standing of ve- hicles on the particular properties involved, as shall, in his judgment, be necessary and appropriate to advance the public purposes mentioned in subsection (a) above. (c) A written statement or ether graphic depiction of such special conditions , rules and regulations shall , upon promulgation, be filed in the office of the city clerk, and the city council shall be promptly notified of such filing. Any council member may then cause the matter to be submitted, in whole or in part, for a formal review by the city council. If no council member takes such action within thirty days from the date the matter was filed with the city clerkethen the said spe- cial conditions , rules and regulations shall be deemed adopted and imposed by the city council within the mean- ing of Vehicle Code Section 21113. (d) Subsection (c) shall not be deemed applicable to the special conditions , rules and regulations affect- ing vehicle operation and parking upon the driveways , paths , parking facilities and grounds of the municipal airport, inasmuch as the same may, pursuant to the 5 b 3 039 5 b 4 Ord. No. 1080 P age 4 provisions of Vehicle Code Section 21113, be imposed di- rectly by the city manager, as the governing officer of the municipal airport. 12 . 32. 060 Enforcement of parking and driving regula- tions applicable on city property. (a) Pursuant to Vehicle Code Section 21113, a written statement or other graphic de- piction of all special conditions , rules and regulations adopted per Section 12 . 32 . 050 shall, at all times while the same remain effective, be kept on file and available at the office of the city clerk, for examination by all interested persons. (b) The city manager shall erect, place and maintain appropriate signs and markings at each city owned or con- trolled parking lot, parking area and other property, giving notice of all special conditions, rules and regulations applicable thereto, adopted per Section 12 . 32 . 050 and im- posed under Vehicle Code Section 21113. (c) Any vehicle operation , parking, stopping or leav- ing standing not complying with the said special conditions, rules and regulations, will constitute a violation of Vehicle Code Section 21113, except that subsection (a) of Vehicle Code Section 22507. 8 shall apply with respect to unauthorized parking in stalls or spaces designated for physically handi- capped persons. 12 . 32 . 070 Parking and driving regulations applicable on property of schools and other public agencies Condi- I tions and regulations concerning parking or driving on pro- perty and grounds of schools or other public agencies are imposed by the appropriate governing boards or officers, and are enforced, pursuant to and under the conditions of Vehicle Code Section 21113. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. PUBLICATION. The city clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUPS, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs , California. ADOPTED this 15th day of November 1978 AYES : Councilmembers Beadling, Field and Rose NOES : Mayor pro tem Doyle ABSENT: Mayor Beirich ATTEST- :- . CIm y PALM SARI � � CALIFORNIA teputy City Clerk Ma REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1080 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of November, 1978, and that same was published in THE DESERT SUN, a news- paper of general circulation, on November 27, 1978. DONALD A. BLUBAUGH City Clerk BY: JU ID TH SUMICH Deputy City Clerk