HomeMy WebLinkAbout1/1/1980 - ORDINANCES I y�
ORDINANCE NO. 1106
BINGO PERMITS--LOCAL STANDARD CONDITIONS—
REMOVING LIMITATION OF FOUR CARDS PER GAME.
THE CIT`I COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES
ORDAIN AS FOLLOWS :
SECTION 1. Section 11. 13. 100 of the Palm Springs Municipal
Code is hereby amended to read as follows :
11. 13. 100 Permits--Local standard. conditions . All
permits issued pursuant to provisions of this chapter shall
be subject to the following additional special conditions :
(1) Bingo games shall be conducted only between the
hours of twelve noon and eleven p.m. , and for not more
than four hours on any single day.
(2) Bingo games shall not be conducted, by any organi-
zation authorized to do so, for more than five days in any
calendar month.
(3) Any peace officer or official city inspector
shall have free access to any bingo game allowed under
this chapter. The permittee shall have the bingo permit
and lists of approved staff available for inspection at
all times during periods in which bingo games are con--
ducted.
' (4) The maximum charge per bingo card shall be twenty--
five cents per game .
(5) The permittee shall own the gaming equipment
necessary to conduct the bingo games , and no such equipment
shall be rented or leased. The permittee shall at all times
during periods in which bingo games are conducted, display
proof of ownership of such equipment to any city peace
officer or official inspector, upon request.
(6) No person who is obviously intoxicated shall be
allowed to participate in a bingo game.
(7) No alcoholic beverages shall be consumed, sold„
given away, served or delivered to any person within the
building (or portion thereof) occupied by the permittee at
the time of the games , during the period of time between
the commencement and ending of bingo games , ez;cept while
such games are suspended for not less than one hour for
meal purposes or the like .
(2) Premises for which any bingo permit is issued
shall qualify for the public assembly numbers of the people
anticipated, under applicable provisions of zoning, fire,
parking and occupancy ordinances and other laws and regu-
lations.
(9) Notwithstanding that bingo games are open to the
public, attendance at any bingo game shall be limited to
the occupancy capacity of the room in which such game is
conducted as determined by the fire department and build-
ing' inspection division of the city in accordance with
applicable laws and regulations .
(10) A permittee shall not reserve seats or space for
any persons , except as might be necessary for the reasonable
accommodation of handicapped or infirm persons on a nondis-
criminatory basis.
(11) The permittee shall display the permit in a con-
spicuous place in the premises where the bingo games are
conducted.
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Ord. No. 1106
Page 2
(12) Not less than forty percent of the gross re-
ceipts from bingo games conducted during any day shall be
retained for expenditure for strictly charitable purposes ,
and shall not be disbursed for any expenses or charges
related to bingo.
(13) The permittee shall submit periodic accounting
reports at such times and frequencies as is specified by
the city manager at the time of permit issuance, in the
form and containing the information as specified in sub-
section (b) of Section 11. 13. 060 , and such other information
as is necessary for the city manager to ascertain whether
the permittee is complying with subsection (12) of this
section.
SECTION 2 . PUBLICATION. The City Clerk is hereby ordered and di-
rected to certify to the passage of this Ordinance , and to cause the
same or a summary thereof or a display advertisement, duly prepared
according to law, to be published in accordance with law.
ADOPTED this 20th day of February 1980 .
AYES : Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich
NOES : None
ABSENT: None
71
ATTE3Tq._4 3T , CITYALM SPA J AL- ORNIA
By�4�� ..
D y City Clerk May,r
REVIEWED & APPROVED
I HEREBY CERTIFY that the foregoing Ordinance 1106 was duly adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof: held on
the 20th day of February, 1980, and that a suinuary of same was published in
TIE DESERT SUN, a newspaper of general circulation, on February 27, 1980.
and on February 8, 1980.
NORMAN R. PING
City Clerk
JUDITH SUMICH
Deputy City Clerk
-,I ,
ORDINANCE NO. 1107
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 9306.00 A. TO
I . OF THE PALM SPRINGS ZONING ORDINANCE
CONCERNING OFF-STREET PARKING.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Section 9306.00 of the Palm Springs Zoning Ordinance relating to
off-street parking, is hereby amended to read as follows :
9306.00. Off-Street Parking.
A. INTENT 81 PURPOSE. All design standards and regulations set forth
in this section are for the purpose of creating properly designed off-
street parking areas of adequate capacity and circulation as necessary
for specific uses of land. In addition, these provisions have been
established to ensure the usefulness of off-street parking areas and to
buffer surrounding land uses from their visual impact.
B. GENERAL PROVISIONS
1 . Application. The standards for providing off-street parking shall
apply at the time of the erection of any main building or when off-street
parking is established. These standards shall also be complied with for
new construction only when an existing building is altered or enlarged by
the addition of dwelling units or guest rooms or where the use is intensified
by the addition of floor space, or seating capacity. In order to allow
previously approved projects to process in an orderly fashion, said pre-
viously approved projects shall be given one year from the effective date
of adoption of this ordinance to be under construction under the terms
approved by the Planning Commission. In the event of hardship, one (1 )
twelve (12) month extension may be granted by the Planning Commission
upon display of hardship.
2. Provision of Off Street Parking. Off-street parking being provided
in connection with any existing main building or use shall be provided so
long as said main building or use remains, unless equivalent substitute
off-street parking is provided and thereafter maintained conforming to
the requirements of this Section. Any off-street parking which is per-
mitted but not required by this Code shall comply with all regulations
herein governing the location, design, improvement, and operation of such
facilities. Nothing shall prohibit the employee of a particular use or
building for which off-street parking is being provided, from using said
off-street parking.
3. Non-Conforming Iar" oninq. Where off-street parking space is provided
and maintained in connectiwith a main building or use at the time this
Ordinance became effective and is insufficient to meet the requirements
for the use with which it is associated, or where no such parking has
been provided, then said building or structure may be extended only if
off-street parking is provided for said enlargement, extension, or addition
'to the standards set forth in this Section. No existing parking may be
counted as meeting this requirement unless it exceeds the requirement of
this Ordinance for the original building and then only that excess portion
may be counted.
he Computation of Required Parking Spaces. Whenever the computation
of the number F off-street parking spaces required by this Section
results in a fractional parking space, one additional parking space shall
be required for one -half (112) or more fractional parking space and any
fractional space less than one-half (112) of a parking space shall not be
counted.
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Ord. No. 1107
Page 2
5. Off-Street Parking. Off-street parking shall mean an area together
with the required number of parking spaces and improvements thereon, as
required by this Section, for vehicle parking and maneuvering necessary to
serve particular land uses, irrespective of the zones in which they occur.
6. Storage of Trucks. The parking and/or storage of trucks exceeding a
height of six and one-half (6 1/2) feet and/or twenty (20) feet in length
shall be prohibited in any residential zone unless within an enclosed
building, providing, however, that said restriction shall not apply to
trucks used during pickup and delivery or during construction or repair
work while in service. (893: 4-26-71 )
7. Use of Parkin Facilities for Storage. The storage of recreation
vehicles boats and travel trailers, campers, and motor homes) , or wrecked
or junked vehicles in areas designated for off-street parking in any
residential zone is prohibited except as follows:
a. All motor vehicles incapable of movement under their own power, other
than in cases of emergency, shall be stored in an entirely enclosed
space.
b. Boats and travel trailers. The parking and/or storing of boats and
travel trailers shall be prohibited in any residential zone except as
follows:
(1 ) Said vehicle is stored or parked in an R-TP (Residential Trailer
Park) Zone or a Planned Development District designated for an
R-TP use. '
(2) Said vehicle is temporarily parked for a period of time not to
exceed forty-eight (48) consecutive hours, and not less than
seventy-two (72) hours shall elapse between the last storage
period and any subsequent storage period.
(3) Said vehicle is located within an enclosed building.
(4 ) Said vehicle is stored or parked outside of any required front,
side front, side, or rear yard and screened from view from any
adjoining property or street.
Where the parking or storage of such vehicles is permitted as
provided in (2) , (3) , and (4) above, said vehicle shall not be
used for living, sleeping, or housekeeping purposes.
C. Campers and motor homes. The parking or storing of campers and motor
homes shall be prohibited in any residential zone except as follows :
(1 ) Said vehicle is stored or parked. in an R-TP (Residential Trailer
Park) , R-2, R-3, R-4, or R-4 VP Zone or in a Planned Development
District designated for an R-TP use, provided said vehicle is
parked or stored on private property and not within any public
right-of-way.
(2) Said vehicle is temporarily parked for a period of time not to
exceed forty-eight (48) consecutive hours and not less than
seventy-two (72) hours shall elapse between the last storage
period and any subsequent storage period.
(3) Said vehicle is located within an enclosed building.
(4) Said vehicle is stored or parked' outside of any required front,
side front, side, or rear yard and screened from view from any
adjoining property or street.
Ord. No. 1107
Page 3
Where the parking or storage of such vehicles is permitted as
provided in (2) , (3) , and (4) above, said vehicle shall not be
used for living, sleeping, or housekeeping purposes.
8. Location. An off-street parking Facility shall be located in relation
to the parking generator to provide for the effective use of the parking
facility. Where a distance is specified, such distance shall be measured
from the nearest point of the parking facility to the nearest point of the
building or use served by said parking.
a. For single or multiple family dwellings and hotels, parking facilities
shall be located on the same lot or building site as the buildings
they are required to serve.
b. For trailer parks, two (2) parking spaces shall be located on each
trailer or mobile home site.
C. For hospitals, rest or convalescent homes, rooming and lodging
houses, and fraternity and sorority houses, parking facilities shall
be located not more than one hundred and fifty (150) feet from the
building they are required to serve.
(687: 838:1 1-13-69)
EXCEPTION: When approved by the Planning Commission, hospitals may
provide parking facilities more than one hundred and fifty (150) feet
from the building they are required to serve, provided that an
automatic parking gate or similar method of control approved by the
Commission shall be installed to insure that the parking lot will not
be used by other developments in the area.
(687: 838:1 1-13-69)
d. For other uses than those specified above, parking facilities shall
be located not more than three hundred (300) feet from the building
or use they are required to serve.
9. Mixed Uses or Occupancies. In the case of mixed uses or occupancies,
the total number of required off-street parking spaces shall be the sum of
the requirements for the various uses computed separately. Off-street
parking facilities for one use shall not be considered as providing
required parking facilities for any other use, unless a joint use of
parking facilities has been approved by the Planning Commission as speci-
fied in this Section.
10. Joint Use of Off-Street Parking Facilities In the case of uses which
operate at hours not coincident with adjacent uses, parking credit may be
given for the use of those adjacent parking spaces under the following
conditions:
a. Sufficient evidence shall be presented to the Planning Director
demonstrating that there will exist no substantial conflict in the
principal hours or periods of peak demand of the structures or uses
for which the joint use is proposed.
b. The credited space may not exceed the distance authorized in this
Section from the subject use.
C. The spaces must be attributed to the user by a covenant running with
the land from the owner designating the spaces and their hours of use
to the subject use; or
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Ord. No. 1107
Page 4
d. A lease agreement from the owner to thE' subject user specifying the
spaces and their hours of use to the subject user, secured by a
surety bond equal to the number of spaces times the current parking
in-lieu payment established at the time of the agreement, forfeitable
to the City if the lease is broken.
11 . In-Lieu Payments. In commercial zones , in-lieu of furnishing the
parking spaces required by the provisions of this Section, the require-
ments thereof may be satisfied by the payment of such amount as may be
prescribed by resolution of the City Council , into the 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, excepting in the C-B-D Zone where an unlimited
number of spaces may be satisfied by payment into the Parking Fund. The
utilization by any one project of in-lieu parking in excess of six spaces
shall be discretionary with the Planning Commission.
(687: 1074:4 11-1-78)
Funds placed in the Parking Fund of the City, pursuant to the provisions
above, shall be used and expended exclusively for the purpose of acquiring
and developing off-street parking facilities, limited insofar as practi-
cable to the general vicinity of the premises for which the in-lieu pay-
ments were made.
(687 : 1074:4 11-1-78)
12. Uses Not Specified. Where the parking requirement for a use is not
specifically defined herein, the parking requirement for such use shall be
determined by the Planning Commission in the manner set forth in Section
9401 .00 of this Ordinance; and such determination shall be based upon the
requirement for the most comparable use specified herein.
13. Administrative Relief. Administrative relief from the provisions of
this Section may be granted by the Planning Director in the manner set
forth in Section 9405.01 (Administrative Minor Modification) of this
Ordinance.
C. PARKING LOT DESIGN STANDARDS
The following design standards and improvements are intended to
result in functional , properly designed off-street parking facilities
of adequate capacity organized aesthetically to positively relate to
the use or building being served.
1 . Plot Layout Plan. The layout plan of any proposed parking shall
be completely dimensioned on any site plan submitted for Planning
Commission approval and shall include all of the informational
requirements as set forth in the appropriate application forms.
In addition, the site plan shall indicate the following:
a. School plot plans shall indicate: Number of employees
(including teachers and professional staff); Number of
students at ultimate enrollment; and square footage of
assembly areas or number of seats.
b. Plot plans for places of public assembly shall indicate,
the number of seats in assembly area; or if no fixed
seating, the total gross floor area of the assembly areas.
C. Multiple residential plot plans are to indicate the number
of bedrooms in each unit as well as total number of units.
Ord. No. 1107
Page 5
d. Hospital plot plans shall indicate the number of beds and
total gross floor area.
e. Automotive repair shop plans are to indicate the number of
service bays and number of hydraulic lifts.
f. Restaurants, discotheques, and cabarets are to indicate the
square footage of area where the public is served and/or
the amount of proposed seating.
2. Improvement of Parking Areas. All parking areas shall be improved
per City specifications as follows:
a. Graded for adequate drainage. All drainage flows to be
carried by concrete gutters or swales.
b. Surfaced with Portland cement concrete with minimum six (6)
inch thickness, or asphalt concrete with minimum two and
one-half (2 1/2) inch thickness.
C. Parking stalls clearly delineated with a 4 to 6 inch stripe -
"hairpin" or elongated "U" design - or other approved
striping or stall delineation.
d. Continuous six (6) inch concrete curbs installed to serve
as wheel stops for cars, edging for planting areas, and
protection for walls at entrances and exits, located no
closer than five (5) feet from any building, hedge, or
fence.
3. Landscape Treatment. Landscaping shall be incorporated into the
design of all off-street parking areas, including covered,
decked, or underground parking (but which may require special
landscape treatment) , as follows:
a. Trees, selected for suitability in regard to eventual size,
spread, and climatic conditioning, shall be so placed
throughout the parking area in order to provide adequate
shade for pedestrians and vehicles, and to accent the
relationship between the parking area and the use being
served.
b. Landscaped planters and perimeter treatment. Trees shall
be placed in planters that must be fully treated with
natural vegetative material such as groundcover or appro-
priate vines and screen shrubs. Boulders, gravel , bark,
and the like, may be integrated into a well-conceived plan;
berming or other aesthetic approaches optimizing the
overall design concept are encouraged.
c. Labeling the plant material . To facilitate the processing
of plot plans, a plant list shall be prepared giving the
botanical and common names of the plants to be used. A
local landscape architect or nurseryman is a suitable
source for plant material information.
= d. Landscape maintenance. All planting areas shall be well-
maintained in perpetuity and the Planning Commission shall
periodically review the condition of the parking area.
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Ord. No. 1107
Page 6
e. Irrigation system. A satisfactory automatic irrigation
system for all planted areas shall be required. The
layout of the system should consider meter water pressure,
pipe size and length, and type of heads (sprinkler, bub-
bler, or rainbird) . Hose bibs located in each tree well
may be considered adequate for irrigation of said trees.
4. Lighting. All off-street parking in multiple residential areas
shall provide lighting for night illumination throughout the
parking area. Commercial establishments and industrial opera-
tions shall provide night lighting throughout required parking
areas at all hours of customer and employee use.
Entries to parking areas for all multiple residential , com-
mercial , and industrial development shall be required to provide
safety lighting as approved by the Planning Commission.
Lighting shall be indirect, hooded, and so arranged to reflect
light away from adjoining properties and streets. Light standards
shall be a maximum of ten (10) feet in height overall , as
measured from the usable parking or driving surface. Up-lighting
in landscaping, low level walk lights , and lighting diffused off
of wall surfaces is encouraged.
5. Bicycle Parking. Bicycle racks or bicycle parking facilities
may be required in any development submitted for architectural
approval after the effective date of this Code. If required,
the location and design of these facilities shall be shown on
the site plan.
6. Tandem Parking. Automobile parking so arranged as to require
the moving of any vehicle on the premises in order to enter or
leave any other stall shall be prohibited in any zone unless
specifically approved by the Planning Director.
7. Traffic Circulation within Off-Street Parking Areas. Parking
stalls, driveways, Porte coucheres, and landscape planters shall
be arranged so that a free flow of vehicular traffic and adequate
site clearances are permitted at all times. City standards and
specifications relating to curve radii and similar maneuvering
requirements shall apply.
8. On-Site Turnaround. Automobile parking so arranged as to
require the backing of motor vehicles onto a major or secondary
highway shall be prohibited in any zone.
9. Pedestrian Walkways. Pedestrian walkways shall be provided
between area and the building or use being served.
10. Handicapped Parking Facilities (for all projects other than
sin le familyresidential develo mp ent) . At least one percent
1% one space minimum of all required public parking spaces
shall be designed and specifically designated for handicapped
users per the California State Department of Rehabilitation
guidelines. The space(s) shall be appropriately signed and
properly dimensioned and provisions for ramp access to the
premises shall be made as close to possible to said parking
space(s). (See Exhibit "A" . )
Ord. No. 1107
Page 7
11 . Controlled Access to Off-Street Parking Areas. All off-street
parking areas designed to control public access shall require
Planning Commission approval upon recommendation from the Fire
and Police Departments and Traffic Engineer. Ingress and
egress design should facilitate proper vehicle maneuvering and
"stacking" space to avoid internal and external traffic conflict.
12. Off-Street Parking Adjacent to Streets. Where parking areas
front, side, or rear on a street, there shall be a landscaped
border of not less than ten (10) feet in depth, adjacent to the
property line, and a decorative solid masonry wall or landscaped
berm four (4) feet in height plus adequate landscaping shall be
erected between the property line and the paved parking area,
unless otherwise prescribed in this ordinance. Said wall or
berming shall be reduced to thirty inches (30") in overall
height within any corner cutoff area. (See Exhibit "B" )
13. Off-Street Parking Abutting Residential Zones. Where such areas
side or rear directly on a residential zone, a solid masonry
wall six (6) feet in height shall be installed on the same
boundary line said wall shall be reduced to a maximum four and
one-half feet (4 1/2' ) in height within the front or side front
area of the adjacent property, and a landscape border not less
than five (5) feet in width shall be installed between the wall
and the paved parking area. (See Exhibit C)
14. Off-Street Parking Abutting Non-Residential Zones. Where
parking directly abuts a non-residential zone, there shall be a
five (5) foot landscape border adjacent to the property line.
(See Exhibit D)
15. Parking Bays. Along local and collector streets in residential ,
commercial , and industrial zones, parking may be provided in
bays opening directly into the street, subject to the approval
of the Planning Commission. The arrangement shall be developed
in accordance with current City specifications and shall conform
to the following standards: (See Exhibit E)
a. Parking shall be installed at an angle of ninety degrees
(9,Do) with the street; each stall being at least nine (9)
feet wide and eighteen (18) feet deep, entirely on private
property.
b. There shall be a landscaped area with a minimum width of
nine (9) feet between each five (5) parking spaces in a
parking bay. (687: 710:1 9-27-65)
C. In the case of a corner lot, no bay shall be nearer than
thirty (30) feet to the ultimate right-of-way lines of the
intersecting local streets. For intersecting streets other
than local streets, no bay shall be nearer than one hundred
(100) feet to the ultimate right-of-way of the intersecting
major or secondary thoroughfare, and fifty (50) feet to the
ultimate right-of-way line of the intersecting Collector
street.
d. No parking bay or driveway opening shall be installed
closer than six (6) feet to any side or rear lot line.
(687: 710:3 9-27-65)
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Ord. No. 1107
Page 8
e. For residential and commercial zones, paving material shall
be six (6) inch concrete or other decorative paving,
colored and/or patterned to relate to the overall design.
f. For industrial zones paving material shall be six (6) inch
concrete or asphalt concrete with minimum two and one-half
(2 1/2") inch thickness.
g. Continuous six (6) inch concrete curbs shall be installed
to serve as wheelstops, located no closer than five (5)
feet from any building, wall or fence.
11. Underground, Decked, and Covered Parking. The basic minimum
dimensions for underground, decked, or covered parking shall be
as required for uncovered surface area parking as specified
throughout this Section, except additional minimum dimensions
may be necessary for specific circulation conditions resulting
from underground or decked parking.
Landscaping shall be incorporated into the planning of these
accessory structures as necessary to blend them into the overall
environment. This shall include perimeter planting at grade and
possibly rooftop landscaping as the Planning Commission shall
deem appropriate to maintain the integrity of the immediate
urban environment.
17. Compact Car Parking. Up to twenty-five percent (25%) of the
total parking count may be designed for use by compact cars
subject to Planning Commission approval . Space dimension
shall be eight feet (8' ) by sixteen feet (16' ) (90 degree
parking) . Spaces shall be properly marked for compact cars
only.
D. OFF-STREET PARKING REQUIREMENTS
1 . ALL ZONES
The number of off-street parking spaces required shall be no
less than the following for all ,zones within the City of Palm
Springs unless otherwise noted:
a. Automobile rental agencies. One (1 ) space for each two
hundred (200) square feet of gross floor area, plus one (1 )
storage parking space for each vehicle to be stored on the
lot. (Number of storage spaces to be determined by the
maximum number of vehicles to be stored at any one time. )
(857 :6 9--22--69)
b. Automobile service stations. One and one-half (1 1/2)
spaces for each pump up to the first six (6) pumps and one
(1 ) space for each additional pump.
C. Banks, savings and loans, and other financial institutions.
One (1 ) space for every two hundred (200) square feet of
gross floor area. When a bank provides drive-through
services, parking areas and driveways shall be arranged so
that a free flow of vehicular traffic and adequate site
clearances are permitted at all times, and a reservoir
parking area for standing vehicles shall be provided in
addition to the other required parking and driveway areas.
Ord. No. 1107
Page 9
d. Bowling alleys. Five (5) spaces for each alley, plus two
(2) for each billiard table, plus one (1 ) for each five (5)
seats in any gallery.
e. Cabarets, cocktail lounges , and discotheques as a separate
use or within a restaurant. One (1 ) space for every
thirty-five (35) square feet of gross floor area where the
public is served, or one (1 ) space for every three (3)
seats.
f. Car Wash. Four (4) spaces and reservoir parking equal to
five (5) times the capacity of the car wash; five (5) for
every two (2) self-operated wash stalls.
g. Convenience markets, supermarkets, and liquor stores. One
(1 ) space for every two hundred (200) square feet of gross
floor area.
h. Neighborhood shopping center (C-D-N) zone and community
shopping center (C-S-C) Zone uses. One (1 ) space for each
two hundred (200) square feet of gross floor area for all
uses, excepting food service uses, which shall necessitate
one (1 ) space for every one hundred (100) square feet of
gross floor area.
i . Furniture and appliance stores . One (1 ) space for every
five hundred (500) square feet of gross floor area, but not
less than five (5) spaces; and one (1 ) space for every
company vehicle.
j. Game courts. Three (3) spaces for every one (1 ) court.
k. Golf courses. Six (6) spaces per hole plus the require-
ments for additional uses on the site; for driving ranges,
one (1 ) space per tee, plus the requirements for additional
uses on the site.
1 . Gymnasiums and health studios. One (1 ) space for each four
hundred (400) square feet of gross floor area, plus one (1 )
for each employee.
M. Homes for the aged, sanitariums, children 's homes, asylums,
nursing and convalescent homes. One (1 ) space for each two
(2) beds or one (1 ) space for each one thousand (1 ,000)
square feet of gross floor area, whichever provides the
greater number, plus one (1 ) for each three (3) employees.
n. Hospitals. One and three quarters (1 3/4) spaces for each
bed, plus one (1 ) space for every vehicle owned and operated
by the hospital .
o. Hotels and clubs. There shall be one and one-tenth (1
1/10) garages, carports, or parking spaces as an accessory
for each guest room. Resort hotels and resort hotel com-
plexes with auxiliary commercial uses shall comply with the
following additional standards :
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Ord. No. 1107
Page 10
(1 ) One (1 ) parking space for every sixty (60) square feet
of gross floor area of dining room, bars and dancing
areas and places where the public is served, plus an
addition of twenty (20) percent of the above required
parking spaces for the use of employees.
(2) Commercial accessory uses shall be based on the standard
of one (1 ) parking space for every four hundred (400)
square feet of gross floor area.
(3) Places of public assembly, such as auditoriums, exhibition
halls, theatres, convention facilities, meeting rooms
and other places of public assembly, excluding foyers ,
corridors, restrooms, kitchens, storage and other
areas not used for assembly of people shall be based
on the following standards :
(a) One (1 ) space for six (6) seats, if seats are
fixed; or one (1 ) space for forty-eight (48)
square feet of assembly area.
(b) The total requirement for off-street parking for
auditorium, exhibition halls, theatres, convention
facilities, meeting rooms or other places of
public assembly may be reduced by one (1 ) parking
space for every four (4) guest rooms contained
within the attached hotel .
p. Manufacturing and industrial uses (including open industrial
uses). One (1 ) space for each five hundred (500) square
feet of gross floor area.
q. Mini-warehousing, self-storage, or dead storage. A minimum
of six (6) spaces per complex; additional parking to be as
required by the Planning Director.
r. Mortuaries and funeral homes. One (1 ) space for each
twenty (20) square feet of floor area of assembly rooms
plus one (1 ) per employee, plus one (1 ) for each car owned
by such establishments.
s. . Motor vehicle or machinery sales. One (1 ) space for each
eight hundred (800) square feet of gross floor area to be
clearly delineated as public parking.
t. Motor vehicle repair shops. Four (4) spaces for each
service bay or lift or one (1 ) space per one hundred (100)
square feet of gross floor area.
U. Plant nurseries, building materials, yards, and outdoor-
display sales. One (1 ) space for every five hundred (500)
square feet of gross floor area and/or outdoor display
area, plus one (1 ) space for every company vehicle.
V. Offices, non medical . One (1 ) space for each two hundred
(200) square feet of gross floor area.
(687: 1074:2 11-1-78)
W. Offices, medical and dental . One (1 ) space for each one
hundred fifty (150) square feet of gross floor area.
(687: 1074:2 11-1-78)
Ord. No. 1107
Page 11
X. Park and recreation uses. One (1 ) space for each eight
thousand (8,000) square feet of active recreational a,res
within a park or playground, plus one (1 ) space per acre of
passive recreational area within a park or playground.
Y. Places of public assembly. Churches, auditoriums, exhibition
halls, theatres, convention facilities , meeting rooms, and
other places of public assembly shall provide one (1 ) off-
street parking space for every three (3) seats, if seats
are fixed; one (1 ) space for each twenty-four (24) square
feet of assembly area., which does not 'include foyers,
corridors, restrooms, kitchens, storage and other, areas not
used For assembly of people. For churches, off-street
parking shall be required for primary seating only,
Z. Residential uses.
(1 ) Single family homes. Two (2) spaces for each dwelling
unit, within a garage or carport attached to the main
building, except R-IAN and R-1-A Zones, which may have
detached garages.
(2) Condominiums or residences within a planned development
district (PDD) .
Primary Parking
Studio and efficiency units - One (1 ) primary space.
One bedroom units - One and one-quarter (1 .25) primary
spaces. Two bedroom units - One and one-half (1 .5)
primary spaces. Three or more bedrooms - Three-
fourths ( .75) primary parking spaces per bedroom.
Guest Parking
In addition to the primary parking required above, one
(1 ) designated parking space per each four (n) units
shall be provided for guest parking unless guest
parking can be provided on a private street.
Covered Parking
One (1 ) covered parking space shall be provided for
each unit. This requirement shall Hot apply to existing
lots of record which are substandard in area or dimension
requirements as established elsewhere in the Zoning
Ordinance.
(3) Apartments. Apartment uses shall follow the require-
ments as condominiums for primary parking and guest
parking. Covered or enclosed parking spaces are
optional .
(4) Rooming., lodging, and fraternity houses. One (1 )
space for each sleeping room or one (1 ) space for each
two (2) beds, whichever yields the greater number.
(5) Trailer parks. Two (2) spaces per trailer or mobile
home site plus one (1 ) space for every seven (7)
trailer, spaces for visitor parking shall be provided.
II--b-I I
11-•b-12
Ord. No. 1107
Page 12
aa. Restaurants, tea rooms, and cafes. One (1 ) space for each
thirty-five (35) square feet of gross floor area where the
public is served, or one (1 ) space for every three (3)
seats.
bb. Retail stores not otherwise specified herein. One (1 )
space for each three hundred (300) square feet of gross
floor area. In the C-B-D Zone (Central Business District)
the requirement shall be one (1 ) space for each four hundred
(400) square feet of gross floor area where the parking is
to be provided on-site at the time of development. Where
"in-lieu" payments are used to satisfy parking requirements,
then the parking requirement shall be at the ratio of one
(1 ) space for each three-hurjdred (300) square feet of gross
floor area.
cc. Schools.
(1 ) Day nurseries. One (1 ) space for each employee plus
one (1 ) space for each five (5) children in attendance.
(2) Elementary and intermediate. One (1 ) space for each
employee.
(3) High schools. One (1 ) space for each eight (8) enrolled
students, plus one (1 ) space for each employee.
(4 ) Colleges. One (1 ) space for each three (3) enrolled
daytime students, plus one (1 ) space for each employee.
(5) Trade schools and business colleges. One (1 ) space
for each one hundred and fifty (150) square feet of
gross floor area.
dd. Self-service laundries. One (1 ) space for every three (3)
machines.
ee. Wholesaling and warehousing. One (1 ) space for each eight
hundred (800) square feet of gross floor area, plus one (1 )
space for each company truck or motor vehicle.
2. C.-B-D ZONE (CENTRAL BUSINESS DISIRICT) PARKING REQUIREMENTS.
Uses within the Central Business District shall be required to
provide parking per the standards established throughout the
City. (See also Section 9229.04 for further requirements. )
E. DESIGN DIMENSIONS (See Exhibit F)
The off-street parking area design criteria as set forth as follows,
exemplify minimum dimensions necessary for traffic circulation,
ingress and egress, and public safety to and through parking areas,
while setting aside ample open space to integrate landscaping,
lighting, and pedestrian design features into the plan to create an
off-street parking area aesthetically complimentary to the urban
environment.
In order to allow for innovative designs to be explored, alternate
designs shall be considered. While this provision is not intended to
allow deviation from the minimums as set forth herein, it is to
provide flexibility in the application and structuring of landscaping
and related environmental elements.
Ord. No. 11o7
Page 13
The following parking lot dimensions shall apply to all parking lots
constructed in accordance with Section 9306.00 of this Code. L,
event practical difficulties and hardships result from the strict
enforcement of the following standards due to existing permanent
buildings, or an irregular shaped parcel , an administrative variance
by the Planning Director may be given for standards, not to exceed
ten (10) percent.
(1 ) 14 feet for one-way traffic; 24 feet for two-way traffic. If
driveway is less than twenty-two (22) feet, no two-way traffic
will be permitted.
(2) Islands shall have a minimum width of 6 feet. The minimum
average shall be 6 "feet. Tree wells shall be 6 -Feet in diameter.
(3) Curbs shall be installed at a minimum of five (5) Meet from face
of wails, fences, buildings, or other structures. This require-
ment excepts driveways that are not a part of the maneuvering
area for parking.
(4) Curb radius shall be three (3) feet minimum.
(5) Driveway widths shall be twenty-four (24) feet minimum and con-
structed to City Standards. The Planning Director may require a
wider driveway to accommodate needs.
(6) First parking space for angle parking shall be ten (10) feet
minimum distance from property line. The Planning Director may
require a greater distance.
(7) Distance from wall to curb at driveway entrances shall be two
(2) feet minimum.
(8) Concrete walks with a minimum width of two (2) feet shall be in-
stalled adjacent to end parking spaces or end spaces may be in-
creased to eleven (111 ) feet wide.
(9) Peripheral planting areas are required every ten (10) spaces.
Trees and groundcover shall be installed in each of these
planting areas. (730:3 1-10-66)
(10) Six (6) inch PCC curb and gutters shall be installed, except
that six (6) inch PCC vertical curbs may be installed in-lieu of
curb and gutters if no drainage is carried along curb line.
Where a six (6) inch PCC vertical curb is used, a two (2) foot
wide concrete gutter section shall be installed along drainage
line.
(11 ) 450 600 90o
(12) 9' 9' 9
(13) 19, 20' 18'
(14) 18' 20' 26'
(15) 56' 60' 62'
(16) 42' 44' 40'
11-b-13
t `
11-b-14
Ord. No. 1107
Page 14
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 the passage of this Ordinance, and to cause the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 2OLh day of February 1980.
AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich
NOES: None
ABSENT: None
ATTEST: e CITY OP M SPP', CALIFORNIA
By
Deputy City Clerk p1$'. or
REVIEWED & APPROVED: 6� —
I HEREBY CERTIFY that the foregoing Ordinance 1107 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof '
held on the 20th day of February, 1980, and that a summary of same was
published in THE DESERT SUN, a newspaper of general circulation, on
February 27, 1980.and on February 14, 1980.
NORMAN R. RING
City Clerk
F
Y: JUDITH SUMICH
Deputy City Clerk
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SIGNiNG
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10
ORDINANCE NO. llo8
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY
APPROVING A PLANNED DEVELOPMENT DISTRICT
AND PRELIMINARY PLOT PLAN IN-LIEU OF A
CHANGE OF ZONE FOR A PROFESSIONAL OFFICE
COMPLEX ON THE SOUTHWEST CORNER OF
CAHUILLA ROAD AND TAHQUITZ-MCCALLUM WAY,
SECTION 15.
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 Zoning Map of the City of Palm Springs, referred to
herein, is hereby amended as follows :
Planned Development District in-lieu of change of zone:
The parcel of property legally shown on Exhibit "A" is approved as
Planned Development District 103, specifically for a professional office
complex in accordance with preliminary plot plan on file in the Depart-
ment of Community Development, Case 5.0113-PD-103.
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 the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 5th day of March 1980.
AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich
NOES: None
ABSENT: None
ATTEST' CITY 0 CM SPRI S A IF IA' /
By
City Clerk N yor
REVIEWED & APPROVED: /�A(Z
1
I HEREBY CERTIFY that the foregoing Ordinance 1108 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof
held on the 5th day of March, 1980, and that same was published in TlIE DESERT
SUN, a newspaper of general circulation, on March 12, 1980.
NORMAN R. IZING
City Clerk
BY: JUDITH SUMICH
Deputy City Clerk
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TAHOUITZ MCCALLUM WAY
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PROPERTY
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CITY OF PALM SPRINGS
CASE NO. Case 5.0113-PD 103 APPROVED BY PLAN, COMM. DATE
APPLICANT L. Hess APPROVED BY COUNCIL DATE
REMARKS ORD. N0. RESOL. 00.
ORDINANCE NO. IIo9
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ESTABLISHING THE CENTRAL CORRI-
DOR BUSINESS IMPROVEMENT AREA AND ADDING
CHAPTER 3.98 TO THE PALM SPRINGS MUNICIPAL
CODE PROVIDING FOR A SPECIAL LEVY TO BE
PAID BY BUSINESSES OPERATING IN SAID AREA.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . A Resolution of Intention of the City Council of the City of Palm
Springs, California, numbered 13237, declaring its intention to establish a
Central Corridor Business Improvement Area, to provide for the levy of a
benefit charge on specified businesses conducted within such area, classifying
various businesses for such purpose, describing the boundaries of the proposed
area, the proposed uses to which the additional revenue shall be put, the rate
of levy, fixing the time and place of a hearing to be held by the City Council
to consider the establishment of such an area, and directing the giving of
notice of such hearing, was adopted by said Council on January 16, 1980.
SECTION 2. A public hearing was held on February 20, 1980 in the Council
Chamber of the City of Palm Springs concerning the formation of the area.
SECTION 3. The boundaries of the area are defined as all property or any
part thereof within three hundred (300) feet of the centerline of Palm Canyon
Drive and Indian Avenue from Sunrise Way to Vista Chino.
SECTION 4. Businesses in the area established by this Ordinance shall be
subject to any amendments to this Ordinance.
SECTION 5. A Business Improvement Area is hereby established in accordance
with the provisions of Part 6 (Commencing with Section 36500) of Division 18
of the Streets and Highways Code of California (Parking and Business Improve-
ment Area Law of 1979) as set forth in SECTION 6. hereof.
SECTION 6. A new chapter, to be known as Chapter 3.98, is hereby added to the
Palm Springs Municipal Code, to read as follows:
Chapter 3.98
SPECIAL LEVY - CENTRAL CORRIDOR BUSINESS IMPROVEMENT AREA
Sections:
3. 98.010 Established.
3.98.020 Special Levy.
3.98.030 Classification A.
3.98.040 Classification B.
3. 98.050 Classification C.
3.98.060 Classification D.
3.98.070 Classification E.
3.98.080 Classification F.
3.98.090 Remaining Businesses Classified.
3.98. 100 Yearly Adjustment of Levy.
3.98.110 Deposit in Special Fund.
3. 98. 120 Special Fund Purposes.
3.98.130 Time for Payment.
3.98.140 Delinquency - Penalty
3.98.150 Extensions of Time
3.98. 160 Levy as Debt - Court Action
3.98. 170 Legal Action and Proceedings Authorized
7 b I
IL :9)
- 7 b 2
Ord. No. 1109
Page 2
3.98.010 Established. A business improvement area is hereby established
pursuant to the provisions of Part 6 (Commencing with Section 36500) of Division
18 of the Streets and Highways Code of California. Said area is hereby designated
as the Central Corridor Business Improvement Area. The exterior boundaries of
said area are as delineated on that certain map entitled Central Corridor
Business Improvement Area" filed in the office of the City Clerk of the City
of Palm Springs, California on January 16, 1980.
3.98.020 Special Levy. A levy of a benefit charge on businesses located
within said Central Corridor Business Improvement Area is hereby imposed.
Each business shall pay a levy as set forth in Sections 3.98.040; 3.98.050;
3.98.060; 3.98.070 and 3.98.080 of this Chapter, by which sections a classi-
fication of businesses within said area and the levy within each classification
are established.
3.98.030 Classification A. A classification of business to be desig-
nated as Class A is hereby established. Said Class A shall include the
following businesses:
Business Offices
Non-Retail Service
Discotheque
No levy shall be imposed for businesses within Class A.
3.98.040 Classification B. A classification of businesses to be designated
as Class B is hereby established. Said Class B shall include the following
businesses:
All businesses deriving income from retail sales.
The levy of a benefit charge for businesses within Class B shall be as follows :
A benefit charge per year equal to $.25 per gross square foot of business
area but not to exceed $2,000.
3.98.060 Classification C. A classification of businesses to be designated
as Class C is hereby established. Said Class C shall include the following
businesses:
Restaurants/Bars
The levy of a benefit charge for businesses within Class C shall be as follows :
A benefit charge per year equal to $4 per restaurant seat and $5 per bar
seat or stool but not to exceed $1 ,000.
3.98.060 Classification D. A classification of businesses to be designated
as Class D is hereby established. Said Class D shall include the following
businesses:
Hotels
The levy of a benefit charge for businesses within Class D shall be as follows:
A benefit charge per year equal to $6 per room but not to exceed $2,000.
Ord. No. 1109
Page 3
3. 98. 070 Classification E. A classification of business to be designated
as Class E shall include the following businesses:
Financial Institutions
The levy of a benefit charge for businesses within Class E shall be as follows:
A benefit charge of $350 per year.
3.98.080 Classification F. A classification of businesses to be designated
as Class F is hereby established. Said Class F shall include the following
businesses:
Movie Theatres
The levy of a benefit charge for businesses within Class F shall be as follows :
A benefit charge per year equal to $.50 per seat.
3. 98.090 Remaining Businesses Classified. Any business not specifically
listed in Sections 3.98.030 through 3.98.080 shall be included within Class A
as set forth in Section 3.98.030.
Whenever more than one business classification is applicable to a business
under Articles of the Palm Springs Municipal Code or under any of the classi-
fications hereinabove set forth, the highest levy applicable under the Palm
Springs Municipal Code and the classification hereinabove set forth which
produces the greatest additional revenue shall be used and applied to such
business.
3.98.100 Yearly Adjustment of Lev . The City Council may increase the
levy up to ten percent 10% per year in order to provide revenue to fund the
actual cost of operations and administration.
3.98. 110 Deposit in Special Fund. All revenue received under this
Chapter shall be deposited into a special fund of the City of Palm Springs.
No monies shall be disbursed from said fund except for the purposes set forth
in Section 3.98. 120 hereof.
3.918. 120 Special Fund Purposes. The revenue received by levy of the
additional tax prescribed in this Chapter shall be used for:
(1 ) The operation and maintenance of a tourist oriented transportation
system for the benefit of the area.
(2) Promotion of the transportation system which is to operate in the
area.
(3) The collection and disbursement of revenues for the transportation
system.
3.98. 130 Time for Payment. Fifty (50%) percent of the initial levy as
herein provided shall be due on July 1 , 1980 and the balance shall be due on
January 1 , 1981 for the tax year 1980-81 . The levy shall continue thereafter
pursuant to this Chapter for each fiscal year July 1 - June 30 until the
business improvement area is dis-established by action of the City Council .
7 b 3
7 b 4
Ord. No. 1109
Page 4
3.98.140 Delinquency -- Penalty. The charges levied pursuant to this
Chapter shall be delinquent if not paid on or before the last day of July for
the first installment and the last day of January for the second installment.
A penalty of ten percent of such charge shall be added to delinquent charges
on the first day of the succeeding month after the due date thereof, and an
additional penalty of twenty percent shall be added thereto on the first day
of each succeeding month thereafter; provided that the amount of such penalties
to be added shall not exceed fifty percent of the charges levied.
3.98.150 Extensions of Time. In addition to all other powers conferred
upon him, the City Manager shall have the power, for good cause shown, to
extend the time for performance of any act required by this Chapter, and in
such case to waive any penalty that would otherwise accrue.
3.98. 160 Levy as Debt - Court Action. The amount of any charge levied
hereunder shall be deemed a debt due to the City. Any person, firm or corpo-
ration carrying on a trade, calling or profession mentioned herein, against
which a charge is levied hereunder, who shall fail to pay such charge prior to
delinquency shall be liable to an action in the name of the City of Palm
Springs in a court of competent jurisdiction for the amount of the charge
levied hereunder together with any penalty legally added thereto, and interest
at the legal rate upon the charge itself, but not: upon any penalty added
thereto, from the date of delinquency to the datE! of judgment in such legal
action.
3.98. 170 Legal Action and Proceedings Authorized. The City Manager or
any representative authorized by him, or the City Attorney, may, on behalf of
the City, take all appropriate legal action in order to collect such debts
owing to the City, and may commence or defend in the name of the City in any
court of competent jurisdiction, an action or action relating to determination '
of the amount of benefit charge alleged to be due the City, or an action to
collect the amount of any delinquent charge, together with penalties and
interest due and costs, if any, allowed by the court.
SECTION 7. Benefit to Businesses. The City Council hereby finds that the
businesses lying within the Central Corridor Business Improvement Area will be
benefitted by the expenditure of funds raised by the charges levied.
SECTION 8. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 9. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this Ordinance, and to cause the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this Sth day of March 1980.
AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich
NOES: None
ABSENT: None
ATT T: CITfY�/, M SP CA FORNIA-
r� Deputy City Clerk ayor
REVIEWED & APPROVED LVI
I HEREBY CERTIFY that he foregoing Ordinance 1109 was duly adopted by the City
Council of the City of Palm Springs, Calif. in a meeting thereof held on the 5th
day of March, 1980, and that a summary of same was published in THE DESERT SUN, a
newspaper of general circulation, on March 12, 1980. and on February 27, 1980.
NORMAN R. KING
� 1�%➢oE4 '� (� Cit Cler
8-(v410 Y: JUDITII"3UMICH
Denutv Citv Clerk
ORDINANCE NO. nio
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ESTABLISHING A CENTRAL CORRIDOR
BUSINESS IMPROVEMENT AREA ADVISORY BOARD.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . A new chapter, to be numbered 2.24, is hereby added to the Palm
Springs Municipal Code, to read as follows:
Chapter 2.24
CENTRAL CORRIDOR BUSINESS IMPROVEMENT AREA ADVISORY BOARD
Sections:
2.24.010 Created.
2.24.020 Officers-Committees.
2.24.030 Meetings-Rules of Procedure.
2.24.040 Functions, Powers and Duties.
2.24.010 Created. There is created a Central Corridor Business Improve-
ment Area Advisory Board for the City of Palm Springs, California. It shall
consist of nine members, serving without compensation, appointed in the manner
I prescribed in Section 2.04.060 of this Code. All appointments to the Board
shall be for terms as prescribed in Section 2.06.010 of this Code. It shall
be the policy of the City that in the making of appointments to the Board, an
attempt shall be made to select members who represent a cross-section of those
businesses affected by the program.
2.24.020 Officers-Committees. The Board, at its organizational meeting,
and periodically thereafter in accordance with its standing rules, shall elect
from its membership a chairman and a vice-chairman. The chairman and the
vice-chairman shall have and perform such duties as are commonly associated
with their respective titles. The Board shall be further authorized to appoint
and fix the membership of such number of standing and temporary committees as
it may find expedient for the performance of its duties.
2.24.030 Meetings-Rules of Procedure". The Board shall meet at least
once each month at such time and place as shall be fixed by the Board by its
standing rules. A majority of the existing appointed members of the Board
shall constitute a quorum for the transaction of business. The Board may
establish such rules and regulations as it deems necessary for the conduct of
its business. In matters relating to the holding of regular and special
meetings, the Board is bound by the provisions of the Ralph M. Brown Act.
(Sections 54950, et seq. , California Government Code) .
2.24,040 Functions, Powers and Duties. The functions, powers and duties
of the Board shall be to assist the City Council as follows.
(1 ) Develop a budget within the projected amount of revenue to be
received and within the legal limits defined in Section 3.98.090 of
this Code, for consideration and approval by the City Council .
(2) Recommend staff for the administration of the program.
(3) Oversee the administration and implementation of the program.
7 c 1
7 c 2
Ord. No. 1110
Page 2
(4) Review methods and amounts of charges and recommend changes or
additions to classification of businesses, relief for unique or
hardship cases, alternative methods of levying charges, and other
matters necessary or desirable for City Council action to assure
equitable, efficient and effective operation of the program.
(5) Recommend changes in budget when deemed necessary.
SECTION 2. Notwithstanding the provision of Section 2.24.010 set forth above,
of the nine members first appointed to the Advisory Board at the time this
Ordinance takes effect, three shall be appointed for a term that expires on
June 30, 1981 , three shall be appointed for a term that expires on June 30,
1982, and three shall be appointed for a term that expires on June 30, 1983.
Thereafter, all appointments to the Board shall be for terms as prescribed in
Section 2.06.010 of the Palm Springs Municipal Code.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this Ordinance, and to cause the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 5th day of March 1980.
AYES: Councilmembers Beadling, Doyle, Field, ].lose and Mayor Beirich
NOES: None
ABSENT: None
ATTEST r CITY 0F,,R M SPRI S � YFOR
Byy
° Deputy City ClerkX. r
REVIEWED & APPROVED ti
I HEREBY CERTIFY that the foregoing Ordinance 1110 was duly adopted by the City
Council of the City of Palm Springs, Calif. in a meeting thereof held on the
5th day of March, 1980, and that a summary of same was published in THE DESERT
SUN, a newspaper of general circulation, on March 12, 1980.
NORMAN R. RING
City Clerk
BY: JUDITH SUMICH
Deputy City Clerk
ORDINANCE NO. 1111
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ELECTING TO HAVE SEWER CHARGES PAYABLE
UNDER MUNICIPAL CODE SECTION 15.24.020 FOR THE
FISCAL YEAR ENDING JUNE 30, 1981 AND SUBSEQUENT
FISCAL YEARS, COLLECTED ON THE TAX ROLL
PURSUANT TO SECTION 5473 OF THE HEALTH AND
SAFETY CODE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1 . This Ordinance is enacted pursuant to authorization contained in
Section 5473 of the Health and Safety Code of the State of California.
SECTION 2. The City of Palm Springs, California, hereby elects to have rates
and charges for the fiscal year ending June 30, 1981 and subsequent fiscal
years, established for the use and service of the sewage system of the City of
Palm Springs, California, pursuant to Section 15.24.020 of the Palm Springs
Municipal Code, collected on the tax roll in the same manner, by the same
persons, and at the same time as, together with and not separately from, its
general taxes.
SECTION 3. All ordinances or resolutions of the City of Palm Springs,
California, insofar as the same are inconsistent with this ordinance, are
superseded by this ordinance, and are suspended while this ordinance shall
remain in effect.
' ADOPTED this 21st day of MAY 1980.
AYES: Councilmembers Beirich, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: Councilmember Field
ATTEST:. , 11 J CIT OF PALM SPRINGS, CALIFORNIA
BYW1 V1.
Deputy City Clerk Mayor
REVIEWED & APPROVED `1%.-----E-% ,
I HEREBY CERTIFY that the foregoing Ordinance 1111 was duly adopted by City
Council of the City of Palm Springs, California, in a meeting thereof held
on the 21st day of May, 1980, and that same was published in THE DESERT SUN,
a newspaper of general circulation, on May 29, 1980.
NORMAN R. ILING
City Clerk
BY: JUDITH SUMICH
Deputy City Clerk
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ORDINANCE NO . 1112
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA FURTHER AMENDING THE FRANCHISE
(AS AMENDED) ORIGINALLY GRANTED BY ORDI-
NANCE NO . 249 FOR A COMMUNITY ANTENNA
TELEVISION SYSTEM.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA,
DOES ORDAIN AS FOLLOWS :
SECTION 1. The community antenna television system franchise
originally granted by the City of Palm Springs by Ordinance No.
249 , adopted July 9 , 1952 , and thereafter amended by Ordinance
No. 961 , adopted February 27, 1974 , and by Ordinance No. 978 ,
adopted November 6 , 1974 , and by Resolution No . 13168, adopted
November 21 , 1979 , is hereby further amended in those respects
set forth in a document entitled "Amendment No. 3 to Community
Antenna Television System Franchise," which document is on file
in the office of the City Clerk, and by this reference is in-
corporated herein,
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 or a summary thereof or a display advertisement, duly prepared
according to law, to be published in accordance with law.
ADOPTED this 18th day of June , 1980 .
AYES : Councilmembers Beirich, Rose and Mayo:: Doyle "
NOES : I,ouncilmembers Field and Ortner
ABSENT: None
ATTEST:
\ CIT OF PALM SPRINGS , CALIFORNIA
By' ,% 1 "=�
Dputy City Clerk Mayor
REVIEWED & APPROVED
I HEREBY CERTIFY that the foregoing Ordinance 1112 was duly adopted
by City Council of the City of Palm Springs, California in a meeting
thereof held on the 18th day of June, 1980, and that same was published
in THE DESERT SUN, a newspaper of general circulation, on June 27, 1980.
NORMAN R. KING
City Clerk
BY: JUDITH SUMICH
"Deputy City Clerk
11 a
1
I HEREBY CERTIFY that the following Ordinance 1113 was duly adopted by City
Council of the City of Palm Springs, California in a meeting thereof held on
the 16th day of July, 1980, and that same was published the THE DESERT SUN,
a newspaper of general circulation, on July 23, 1980.
NORMAN R. ICING
City Clerk
�BY: JUDITH SUMICH
Deputy City Clerk
ORDINANCE NO. 1113
ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REGULATING THE DISPLAY OF
DRUG PARAPHERNALIA AND PROHIBITING THE
SALE THEREOF TO MINORS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS
FOLLOWS :
SECTION 1. Purpose. The task of protecting minors from drug
abuse poses unique problems in that minors often lack the dis-
cernment and judgment of adults. They often do not make the
distinctions adults make between the freedom to advertise or
sell an item which may be used for illegal purposes and the
impropriety of using that item in an illegal manner. The un-
restricted display and sale by businesses of drug paraphernalia,
may impress upon minors the conception that the use of such
paraphernalia with illegal drugs is endorsed by businesses and
condoned by the community. The impression of endorsement or
acceptance of controlled substance use is likely to encourage
drug use by minors. Therefore, in order to protect the health,
safety and well-being of minors in the community, it is necessary
to regulate the advertising, display and sale of such materials
in community businesses .
SECTION 2 . Display and sale of drug paraphernalia Chapter
11. 92 is hereby added to the Palm Springs Municipal Code, to
read as follows:
"CHAPTER 11 . 92
DISPLAY AND SALE OF DRUG PARAPHERNALIA
Sections
11. 92 . 010 Display of Drug Paraphernalia
11 . 92 . 020 Proprietor Not to Allow Entry of Minors
11. 92 . 030 Minors Not to Enter
11. 92 . 040 Sale of Drug Paraphernalia to Minors
11. 92 . 050 Drug Paraphernalia Defined
11. 92 . 060 Evidentiary Considerations
11. 92 . 070 Exclusions
11. 92 . 080 Violations--Penalty
11 . 92 . 090 Nuisance--Civil Abatement
11. 92 . 010 Display of drug paraphernalia No person
shall maintain or operate any place of business in which
drug paraphernalia is kept, displayed or offered in any
manner, sold, furnished, transferred or given away unless
such drug paraphernalia are completely and wholly kept,
I displayed or offered within a separate room or enclosure to
which persons under the age of 18 not accompanied by a parent
or legal guardian are excluded. Each entrance to such a room
or enclosure shall be sign posted in reasonably visible and
legible words to the effect that drug paraphernalia are kept,
displayed or offered in such room or enclosure and that minors,
unless accompanied by parent or legal guardian, are excluded.
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Ord. No . 1113
Page 2
11 . 92 .020 Proprietor not to allow entry of minors .
No owner, manager, proprietor or other person in charge of
any room or enclosure, within any place of business , in
which drug paraphernalia is kept, displayed or offered in
any manner, sold, furnished, transferred, or given away,
shall permit or allow any person under the age of 18 years
to enter, be in, remain in or visit such room or enclosure
unless such minor is accompanied by one of his or her
parents , or by his or her legal guardian..
11.92 .030 Minors not to enter. No person under the
age of 18 years shall enter, be in, remain in or visit any
room or enclosure in any place of business in which drug
paraphernalia are kept, displayed or offered in any manner,
sold, furnished, transferred or given away unless accompanied
by one of his or her parents or by his or her legal guardian.
11 92 040 Sale of drug paraphernalia to minors . No
person who maintainsor operates any place of business in
which drug paraphernalia is kept, displayed or offered in
any manner shall sell , furnish, transfer or give any drug
paraphernalia to any person under the age of 18 years.
11 . 92 . 050 Drug paraphernalia defined. As used in this
Chapter, the term "drug paraphernalia" means all equipment,
products, and materials of any kind which are used, intended
for use , or designed for use in planting, propagating, culti-
vating, growing, harvesting, manufacturing, compounding, con-
verting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, in-
jecting, ingesting, inhaling, or otherwise introducing into
the human body a controlled substance. Drug paraphernalia"
includes , but is not limited to , all of the following:
(1) Kits used, intended for use, or designed for use in
planting, propagating, cultivating, growing or harvesting of
any species of plant which is a controlled substance or from
which a controlled substance can be derived.
(2) Kits used, intended for use, or designed for use
in manufacturing, compounding, converting, producing, pro-
cessing-, or preparing controlled substances.
(3) Isomerization devices used, intended for use, or
designed for use in increasing the potency of any species
of plant which is a controlled substance .
(4) Testing equipment used, intended for use, or de-
signed for use in identifying, or in analyzing the strength,
effectiveness or purity of controlled substances.
(5) Scales and balances used, intended for use , or
designed for use in weighing or measuring controlled sub-
stances .
(6) Diluents and adulterants , such as quinine hydro-
chloride, mannitol, mannite, dextrose , and lactose , used, in-
tended for use, or designed for use in cutting controlled
substances . I
(7) Separation gins and sifters used, intended for use,
or designed for use in removing twigs and seeds from, or in
otherwise cleaning or refining, marijuana.
(8) Blenders , bowls , containers , spoons , and mixing
devices used, intended for use, or designed for use in com-
pounding controlled substances.
Ord. No. 1113
Page 3
(9) Capsules , balloons, envelopes , and other contain-
ers used, intended for use, or designed for use in packaging
small quantities of controlled substances .
(10) Containers and other objects used, intended for
use, or designed for use in storing or concealing controlled
substances .
(11) Hypodermic syringes , needles , and other objects
used, intended for use, or designed for use in parenterally
injecting controlled substances into the human body.
(12) Objects used, intended for use, or designed for use
in ingesting, inhaling, or otherwise introducing marijuana,
cocaine, hashish, or hashish oil into the human body, such
as:
(a) Metal , wooden, acrylic, glass, stone, plastic,
or ceramic pipes with or without screens, permanent screens ,
hashish heads, or punctured metal bowls.
(b) Water pipes .
(c) Carburetion tubes and devices.
(d) Smoking and carburetion masks .
(e) Roach clips , meaning objects used to hold burn-
ing material, such as a marijuana cigarette that has become
too small or too short to be held in the hand.
(f) Minature cocaine spoons, and cocaine vials.
(g) Chamber pipes.
(h) Carburetor pipes.
(i) Electric pipes.
(j) Air-driven pipes .
(k) Chillums .
(1) Bongs .
(m) Ice pipes or chillers.
11. 92 .060 Evidentiary considerations . In determining
whether an object is drug paraphernalia, a court or other
authority may consider, in addition to all other logically
relevant factors, the following:
(1) Statements by an owner or by anyone in control of
the object concerning its use.
(2) Prior convictions , if any, of an owner, or of anyone
in control of the object, under any state or federal law re-
lating to any controlled substance .
(3) The proximity of the object, in time and space, to a
direct violation of this Chapter.
(4) The proximity of the object to controlled substances .
(5) The existence of any residue of controlled substances
on the object.
(6) Direct or circumstantial evidence of the intent of
an owner, or of anyone in control of the object, to deliver
it to persons whom he knows, or should reasonably know, intend
to use the object to facilitate a violation of this Chapter.
The innocence of an owner, or of anyone in control of the
object, as to a direct violation of this Chapter shall not
prevent a finding that the object is intended for use, or
designed for use, as drug paraphernalia.
(7) Instructions, oral or written, provided with the
object concerning its use.
(8) Descriptive materials, accompanying the object which
explain or depict its use.
(9) National and local advertising concerning its use.
(10) The manner in which the object is displayed for sale.
(11) Whether the owner, or anyone in control of the object,
is a legitimate supplier of like or related items to the com-
munity, such as a licensed distributor of dealer of tobacco
products.
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Ord. No. 1113
Page 4
(12) Direct or circumstantial evidence of the ratio of
sales of the object or objects to the total sales of the busi-
ness enterprise .
(13) The existence and scope of legitimate uses for the
object in the community.
(14) Expert testimony concerning its use.
11.92 . 070 Exclusions. This Chapter shall not apply to
any of the following:
(1) Any pharmacist or other authorized person who sells
or furnishes drug paraphernalia described in Section 11 .92 .050
upon the prescription of a physician , dentist, podiatrist or
veterinarian .
(2) Any physician, dentist, podiatrist or veterinarian
who furnishes or prescribes drug paraphernalia as described in
Section 11. 92.050 to his or her patients.
(3) Any manufacturer, wholesaler or retailer licensed
by the Board of Pharmacy to sell or transfer drug paraphernalia
described in Section 11. 92 . 050.
11 . 92 .080 Violations--Penalty. Violation of this Chapter
is a misdemeanor and 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.
11 .92 . 090 Nuisance--Civil Abatement. The distribution
or possession for the purpose of sale, the exhibition, or the
display of any drug paraphernalia as defined in Section 11.92.050
in any place of business from which minors are not excluded as
set forth in this Chapter is hereby declared to be a public
nuisance, and may be abated pursuant to the provisions of
Section 731 of the Code of Civil Procedure of the State of
California. This remedy is in addition to any other remedy
provided by law, including but not limited to the misdemeanor
penalty provisions applicable for violation of the terms and
provisions of this Chapter. "
SECTION 3. Severability. The City Council hereby declares that it
would have passed this Ordinance sentence by sentence , paragraph by
paragraph, and section by section, and does hereby declare that the pro-
visions of this Ordinance are severable and, if for any reason any sen-
tence, paragraph or section of this Ordinance: shall be held invalid,
such decision shall not affect the validity of the remaining parts of
this Ordinance .
SECTION 4 . Effective Date . This Ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 5 . Publication. The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance , and to cause same or a
summary thereof or a display advertisement, duly prepared according
to law, to be published in accordance with law.
ADOPTED this 16th day of July , 1980 .
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST:
CITY O4PALM SPRINGS, CALIFORNIA
�.
Y
Dept City Clerk I Mayor L`b
REVIEWED & APPROVED W
NOTE: See page 160 for cer '.fication of this ordinance.
ORDINANCE NO. 1114
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, PRESCRIBING CONSTRUCTION SITE
AND BUILDING DIVISION ADMINISTRATIVE
REGULATIONS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Articles III and IV are hereby added to Chapter 8.04 of the Palm
Springs Municipal Code, to read:
III . CONSTRUCTION SITE REGULATIONS
8.04.200 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 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. 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
shall be not more than five hundred (500) feet apart.
8. 04.210 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 pur-
pose 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 completed, 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 tempo-
rary facility on a construction site shall be subject to approval of
the Building & Safety Director concerning location and duration.
All such temporary facilities shall be removed prior to the 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 & Safety Director.
(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 8.04.220 of this
Code.
8.04.220 Limitation of Hours 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 improvement to realty between the
hours of five o'clock p.m. of each day and eight o'clock a.m. of the
next day 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.
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Ord. No. 1114
Page 2
8.04.220 (Cont'd. )
(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 work does not again disturb
such other person's peace and quiet.
EXCEPTIONS: 1 . Emergency repair of existing installations of
equipment or appliances.
2. Construction work complying with the terms of
a written "Early Work Permit" which may be
issued by the Building & Safety Director upon a
showing of sufficient need due to hot or inclement
weather, or the use of an unusually long process
material , or other circumstances of unusual and
compelling nature.
8 04.230 Erosion Control 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.
8.04.240 Gradin Special Measures. All grading or fill operations
that exceed one (1 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 & Safety Director 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 windbreak 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 project is vulnerable to
wind erosion. Such bond to be conditioned for, and limited to,
expenditure by the Building & Safety Director in such incre-
ments as may be determined necessary to pay for emergency
erosion control measures deemed necessary by the Building &
Safety Director 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. Said cash bond shall not
exceed $2,000 per acre.
8 04.250 Limitation of Grading Activity. Where occasions of com-
plaint of windblown sand or dust arise concerning a graded project and
investigation indicates that erosion control measures are inadequate, the
Building &Safety Director may require additional erosion control measures
and may limit or halt all activities on the site which may be disturbing
graded surfaces until such time that adequacy of erosion control has been
achieved.
Ord. No. 1114
Page 3
IV. BUILDING DIVISION ADMINISTRATIVE REGULATIONS
8.04.300 Permits . In addition to the permit issuance requirements
founC in the various Uniform codes cited in Section 8.04.020 of this
Code, it shall be unlawful to issue a permit for electrical , mechanical ,
or plumbing work, on other than R-3 occupancies , to anyone other than a
licensed contractor.
8.04.310 Violations - First offense infraction. No person 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 chapter or of the Uniform Codes cited in Section 8.04.020 of this
Code. The first instance of any such violation shall constitute an in-
fraction.
8.04.320 Subsequent or continuing violation - Misdemeanor. Any per-
son or corporation having been cited for violation of any provision of
this chapter, or of the Uniform Codes cited in Section 8.04.020, who
shall within thirty (30) days thereafter commit a second or any subse-
quent violation of the same provision of this Chapter,or of any of said
Uniform Codes, including without limitation thereby, suffering or per-
mitting said violation to continue for a second or subsequent day, shall
be guilty of a misdemeanor.
8.04.330 Penalties . Any person or corporation found guilty of an
infraction hereunder shall be subject to a fine of not more than $250.
1 Any person or corporation found guilty of a misdemeanor hereunder 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.
8.04.340 Board of Appeals. In order to determine suitability of
alternate materials and methods of construction and to provide for reason-
able interpretations of the provisions of Title 8 of the Palm Springs
Municipal Code, there shall be and is hereby created a Board of Appeals,
consisting of seven members who are qualified by experience and training
to pass upon matters pertaining to building construction. The Board of
Appeals shall be the same as cited in each of the Uniform Codes adopted
under Section 8.04.010 of the Palm Springs Municipal Code. 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 & Safety Director 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.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
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Ord. No. 1114
Page 4
SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this Ordinance, and to cause the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with alw.
ADOPTED this 6th day of August , 19m.
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST: ! CITY OF PALM SPRINGS CALIFORNIA
BY
Deputy City Clerk " " Mayor
.,
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance No. 1114 was duly adopted by
City Council of the City of Palm Springs, California, in a meeting thereof
held on the 6th day of August, 1980, and that a summary of same was published
in_THE DESERT SUN, a newspaper of generalcirculation, on August 15, 1980.
and on June 26, 1980.
NORMAN R. RING
City Clerk
BY: JUDITH. SUMICII
Deputy City Clerk
I
ORDINANCE NO. 1115
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 3.98.130
AND 3.98.140 OF THE MUNICIPAL CODE CON-
CERNING TIME FOR PAYMENT AND DELINQUENT
DATES FOR CHARGES LEVIED IN CONNECTION
WITH THE CENTRAL CORRIDOR BUSINESS
IMPROVEMENT AREA.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1 . Chapter 3.98 of the Palm Springs Municipal Code relating to a
special levy, is hereby amended to read as follows:
3.98.130 Time for Payment. One half of the initial levy as herein
provided shall be due on November 1 , 1980 and one-half thereof shall be
due on March 1 , 1981 , for the tax year 1980-81 . The levy shall continue
thereafter pursuant to this Chapter for each fiscal year July 1 - June 30
until the business improvement area is dis-established by action of the
City Council .
3.98.140 Delinquency -- Penalty. The charges levied pursuant to
this Chapter shall be delinquent if not paid on or before the last day
of November and March. A penalty of ten percent of such charge shall be
added to delinquent charges on the first day of the succeeding month after
the due date thereof, and an additional penalty of twenty percent shall
be added thereto on the first day of each succeeding month thereafter;
provided that the amount of such penalties to be added shall not exceed
fifty percent of the charges levied.
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 the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 6th day of August 1980.
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST: / CITY OF PALM SPRINGS, CALIFORNIA
By I � 41
Deputy City Clerk ,- Mayor
REVIEWED & APPROVED
I HEREBY CERTIFY that the foregoing Ordinance No. 1115 was duly adopted by City
I Council of the City of Palm Springs, California, in a meeting thereof held on
the 6th day of August, 1980, and that same was published in THE DESERT SUN, a
newspaper of general circulation, on August 15, 1980.
NORMAN R. ILING
City Clerk
13 b
BY: JUDIT-HSUMICH
�,_.:' Deputy City Clerk
�4
ORDINANCE NO. IL16
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 9100.08 D OF
THE ZONING ORDINANCE AND SECI.ION 8180.06
OF THE SIGN ORDINANCE CONCERNING THE
PENALTIES INVOLVED IN VIOLATIONS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1 . Section 9100.08 D of the Palm Springs Zoning Ordinance relating to
enforcement is hereby amended to read as follows :
9100.08 D VIOLATIONS
1 . INFRACTION. Any person, firm or corporation whether as principal ,
agent, employee or otherwise, violating any provisions of this Ordinance
or violating or failing to comply with any order or regulation made here-
under, shall be guilty of an infraction for the first instance of any such
violation, and shall be guilty of a misdemeanor for a second or any sub-
sequent violation of the same provision of this Ordinance, or of any order
or regulation made hereunder, if such second or subsequent violation
occurs within one (1 ) year of the commission of the first such violation.
2. MISDEMEANOR. Each person, firm or corporation is guilty of a separate
misdemeanor offense for each day or portion thereof during which any
violation of the provisions of this Ordinance is continued or permitted to
continue.
9100.08 E PENALTIES
Any person, firm or corporation found guilty of an infraction shall
be subject to a fine of not more than the amount provided in Government
Code Section 36900 (b) . Any person, firm or corporation convicted of a
misdemeanor under the provisions of this Ordinance shall be punishable by
a fine of not more than Five Hundred Dollars ($500) or by imprisonment
for not more than six (6) months or both such fine and imprisonment.
SECTION 2. Section 8180.06 of the Palm Springs Sign Ordinance relating to
penalties is hereby amended to read as follows:
8180.06 VIOLATION-INFRACTION. Any person, firm or corporation
willfully violating any of the provisions of this Ordinance shall be
guilty of an infraction for the first instance of any such violation, and
shall be guilty of a misdemeanor for a second or any subsequent violation
of the same provision of this Ordinance.
8180.07 CONTINUING VIOLATION-MISDEMEANOR. Each person, firm or
corporation is gui ty of a separate misdemeanor offense for each day or
portion thereof during which any violation of the provisions of this
Ordinance is continued or permitted to continue following the issuance of
a citation for such violation.
g�gp.pg PENALTIES. Any person, firm or corporation found guilty of
an infraction shall be subject to a fine of not more than the amount
provided in Government Code Section 36900 (b) . Any person, firm or
corporation convicted of a misdemeanor under the provisions of this
Ordinance shall be punishable by a fine of not more than Five Hundred
Dollars ($500) or by imprisonment for not more than six (6) months or
both such fine and imprisonment.
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Ord. No. 1116
Page 2
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 the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 17th day of September 1980.
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST: CITY PALM SPRINGS CALIFORNIA
By \ r
Deputy City Clerk Mayor
REVIEWED & APPROVED: '
I HEREBY CERTIFY that the foregoing Ordinance No. 1116 was duly adopted by City
Council of the City of Palm Springs, California, in ameeting thereof held on the
17th day of September, 1980, and that same was published in THE DESERT SUN, a
1 newspaper of general circulation, on September 25, 1980.
NORMAN R. KING
City Clerk
BY: SUDITH SUMICH
Deputy City Clerk
r1 x
ORDINANCE NO. 1117
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, SUPPLEMENTING AND FURTHER
IMPLEMENTING THE "ORDINANCE OF THE CITY
OF PALM SPRINGS LIMITING RENTS ON RESIDENTIAL
UNITS" HERETOFORE ADOPTED AT THE GENERAL
MUNICIPAL ELECTION HELD APRIL 8, 1980 .
- - -
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS :
SECTION 1 . Authority and Findings . This ordinance is adopted
pursuant to Section 10 of "An Ordinance of the City of Palm
Springs Limiting Rents on Residential Units, " adopted by a
majority of the voters voting on the measure at the general
municipal election held on April 8 , 1980 . The City Council finds
that certain supplements and additions to the terms of said ordi-
nance would add to the convenience of both landlords and tenants
in the administration and application of said ordinance. The
City Council further finds that this ordinance in no way diminishes
any protection which the said initiative ordinance, adopted
April 8, 1980 , affords to tenants .
SECTION 2 . Further Definitions . Section 2 of that certain ordi-
nance entitled "An Ordinance of the City of Palm Springs Limiting
Rents on Residential Units" is hereby amended in the following
particulars :
(a) By adding to Subsection " (a) " thereof, the following:
"The term 'residential rental unit' shall not include any
premises subject to the transient occupancy tax of the City
of Palm Springs for any period during which such tax is
actually collected and paid to the City. "
(b) By adding. to Subsection " (b) " thereof, the following:
"The term 'landlord' shall also include the owner, lessor
or manager of any single family residence which is occupied
by a renter. "
SECTION 3. Section 3 of that certain ordinance entitled "An Ordi-
nance of the City of Palm Springs Limiting Rents on Residential
Units" is hereby amended by adding to :subsection " (b) " thereof,
the following: and any such unit subject to the transient
occupancy tax of the City of Palm Springs for any period during
which such tax is actually collected and paid to the City. "
SECTION 4 . Section 4 of that certain ordinance entitled "An Ordi-
nance of the City of Palm Springs Limiting Rents on Residential
Units" is hereby amended by adding thereto the following:
"As used herein, the term 'Consumer Price Index for the
City of Los Angeles ' shall mean that portion of the Con-
sumer Price Index published by the United States Department
of Labor for the Los Angeles-Long Beach-Anaheim Metropolitan
Area, designated as 'All Urban Consumers , All Items , 1967 =
100 . ' Computation of rent increases allowable by this Ordi-
nance shall be according to the following formula:
1 c 1
1 '7-1
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Ord. No . 1117
Page 2 .
Subtract 220 .7 (Consumer Price Index, as above defined
for September, 1979) from the Consumer Price Index for
the closing month of the period to be measured. The
resulting figure is the index point difference .
Divide the index point difference by 220 . 7. The result-
ing figure is the percentage change in the Consumer
Price Index, expressed in decimal figures, for the period
from September, 1979 to the closing month of the period
to be measured.
Multiply such percentage change in the Consumer Price
Index by . 75 . The resulting figure is the allowable
percentage rent increase, expressed in decimal figures.
Multiply the allowable percentage rent increase by the
base rent, as determined in Section 5 hereof. The re-
sulting figure is the allowable rent increase, expressed
in dollars .
At the landlord's option, for bookkeeping convenience,
the rent (base rent plus allowable increase) may be
rounded to the nearest dollar, provided such adjustment
is made for all rental units included in any group of
rental units . "
SECTION 5 . Section 6 .5 is hereby added to that certain ordinance
entitled "An Ordinance of the City of Palm Springs Limiting Rents
on Residential Units" as follows:
"6 .5 Other Hardship Increase. If the City Council of the
City of Palm Springs shall create and there shall come into
existence a duly constituted and appointed board, commission
or other public body, authorized to hear and determine
petitions or applications of landlords for hardship adjust-
ments of rent, any landlord who shall petition or apply for
a hardship adjustment, and who shall be granted any such
hardship adjustment as to any one or more residential units,
may adjust the rent of such unit or units in an amount not
exceeding the amount of the hardship adjustment so granted
or approved by such board, commission or other public body,
upon giving to the tenant such written notice as is required
by law. Service upon a tenant of a copy of the petition or
application to such board, commission or other public body for
a hardship adjustment of rent shall be deemed to ,constitute
the notice of rent increase referred to in Section 8 of the
ordinance; provided, however, that the tenant shall be en-
titled to at least thirty (30) days written notice of the
actual dollar amount of any rent increase. "
SECTION 6 . Section 7 of that certain ordinance entitled "An Ordi-
nance of the City of Palm Springs Limiting Rents on Residential
I Units" is hereby amended by adding thereto the following:
"If a landlord who provides services to a rental unit
in the nature of utility services, shall reduce or
eliminate such service by separate metering or other
lawful means of transferring from the landlord to the
tenant the obligation for payment for such services, the
cost savings , if any, resulting from such reduction or
Ord. No . 1117
Page 3.
elimination to be passed on to the tenant in the form
of a decrease of rent, shall be deemed to be the cost
of such transferred utility service for the month of
September, 1979 . If for any reason the utility bill for
such service for the month of September, 1979 , is not
representative of the normal or usual cost of such
utility service at that time, or if either landlord or
tenant shall protest the use of the September 1979 bill-
ing as the measure of such cost savings, then the computa-
tion of such cost savings shall be based upon the average
monthly charge for such service for the period of Septem-
ber 1978 through August 1979, inclusive or such other period
as the parties shall mutually agree is representative of
such cost savings .
"For purposes of this section in determining cost savings
to be passed on to the tenant in the form of decreased
rent, the cost of installation of separate utility meters,
or similar or analogous costs to the landlord to shift
the obligation for payment of utility costs to the tenant,
shall not be considered. Nothing stated herein shall be
construed to prohibit or prevent the consideration or in-
clusion of such costs, together with other operational
costs of a landlord, in any proceeding before a duly
appointed board, commission or other appointed body,
authorized to hear and determine requests for hardship
adjustments. "
SECTION 7 . Section 8 of that certain ordinance entitled "An Ordi-
nance of the City of Palm Springs Limiting Rent on Residential Units'
is hereby amended by adding thereto Subsection (d) , to read as
follows :
" (d) If any notice of rent increase, served pursuant to
Subsections (b) or (c) of this Section, does not state
the actual dollar amount of such rent increase, a
supplemental or additional notice which does state the
actual dollar amount of such rent increase shall be
served upon the tenant, in the manner prescribed by
law, not less than thirty (30) days prior to the
effective date of such rent ,increase . "
SECTION 8 . Rent Review Commission.
(a) Creation. There is hereby created within the City of Palm
Springs a Rent Review Commission, consisting of five (5) members, to
be appointed by the City Council, to serve at the pleasure of the
City Council .
(b) Qualifications . Persons selected to serve on the Rent
Review Commission shall be residents of the City of Palm Springs able
and willing to render fair and impartial decisions in matters per-
taining to the administration of this ordinance. No person shall be I
eligible to serve on the Rent Review Commission who is a landlord
or a tenant of a rental unit or units subject to the provisions of
the ordinance of the City of Palm Springs limiting rents on residen-
tial units .
(c) Term--Vacancies--Vote. Members of the Commission shall
serve for the term provided by Chapter 2. 06 of the Palm Springs
Municipal Code, except that the members first so appointed shall,
within 60 days of the appointment of the last member of the Board,
1 c 3
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Ord. No . 1117
Page 4 .
arrange among themselves, and report to the City Clerk, the selection of one
of their members whose term shall expire on the June 30th next follow-
ing the appointment of such commission; the selection of two of their
members whose terms shall expire on the June 30th next following the
first anniversary of the appointment of such commission; and the
selection of two of their members whose terms shall expire on the
June 30th next following the second anniversary of the appointment of
such commission. A vacancy in the commission shall not impair the
right of the remaining members to exercise the powers of the commis-
sion pursuant to this ordinance. Three members shall constitute a
quorum of the commission, and any ruling, decision, or other action
of the Commission may be taken by a majority of those members present
provided a quorum is present.
(d) Disclosures . All candidates for appointment to the Rent Re-
view Commission shall disclose in a verified statement all present
holdings and interests in real property, including interests in corpo-
rations , trusts or other entities owning real property within this
jurisdiction as defined by California Government Code Section 52035 .
Such disclosure statement shall be made available to the City Council
prior to appointment of members of the commission, and shall be filed
with the City Clerk not less than ten days after appointment. Dis-
closure of holdings required herein shall be in addition to any other
disclosure required by state or local law for holders of public office.
(e) Compensation. Members of the commission shall receive no
compensation for their services on the commission as such, but shall
be entitled to receive $30 per member per hearing with a maximum of
$60 per day for the conduct of hearings of landlord's petitions for
hardship adjustment of rent.
SECTION 9 . Powers and Duties of the Commission. Within the limita-
tions provided by law, the Rent Review Commission shall have the
following powers and duties:
(a) To meet at such times as may be regularly scheduled by
the commission, or from time to time at the call of the chairman to
hear and determine petitions filed hereunder, at the request of the
City Manager, or otherwise to conduct business of the commission,
and to utilize City offices or facilities as needed and as avail-
able.
(b) To receive, hear and determine petitions or other requests
of tenants or other interested persons for the interpretations of
the "Ordinance Limiting Rents on Residential Units , " hereinafter
referred to as "the ordinance, " or for review of a landlord's actions
pursuant to the ordinance. In hearing such petitions or requests of
tenants or other interested persons , the commission shall have no
authority to fix or award civil penalties, damages or attorneys ' fees ,
but shall have the authority to assess against a landlord appearing in
such proceeding the actual cost, in whole or in part, of the conduct
of such proceedings in those cases where the commission shall find
, and determine that the landlord has, in fact, violated the terms of
the ordinance . The findings and determination or decision of the
the 'commission shall be available in written form for use in any
judicial proceeding which may be brought pursuant to the ordinance .
(c) To receive, investigate, hear and determine petitions of
landlords for hardship adjustment of rent pursuant to Section 6 .5 of
the ordinance.
Ord. No . 1117
Page 5 .
(d) To make or conduct such independent hearings or in-
vestigations as may be appropriate to obtain such information as
is necessary to carry out its duties , and to delegate its power
to hear individual rent adjustment petitions to its individual
members as hearing examiners , or to such other hearing examiners
as may be appointed by the City Council, or to panels of two or
more of such members or other hearing examiners . The dommissic
shall review and make the final determination based upon the
findings of such hearing examiners or panels . All decisions of
the commission shall be prospective, and not retrospective, in
operation and application. The Commission shall have no power
or authority to order the reimbursement of rent by a landlord
to tenants , nor to authorize any landlord to impose retroactively
any increase of rent. If the commission shall find that a land-
lord has accepted, received or retained any rent payment in
excess of the amounts permitted by the ordinance, or that the
landlord has otherwise violated the terms of the ordinance, the
remedy of the tenant shall be a judicial proceeding pursuant to
Section 9 of the ordinance . Nothing stated herein shall be con-
strued to prohibit or preclude voluntary adjustment or settlement
of any claims or causes of action which may exist between the
landlord and the tenant.
(e) To authorize an increase in the maximum amount of rent
otherwise permitted to be charged by a landlord pursuant to the
ordinance. Such authorization shall be given only in those cases
where the commission finds that the application of the ordinance,
apart from such authorized increase, results or would result in
undue hardship to the landlord, or would prevent a landlord from
obtaining a just and reasonable return on the owner's property.
Such authorization to increase the maximum rent may be granted
for a stated period of time, or permanently as appropriate accord-
ing to the facts. Such adjustment of: maximum rent may take the
form of a redetermination of base rent, a surcharge of a given
dollar or percentage amount, a separate charge for utility or
other services, or such other form as; the commission shall find
most appropriate. In determining whether a hardship rent increase
should be authorized, the commission may consider, among other
relevant factors, increased costs to the landlord or owner
attributable to increases or decreaSE:S in master land and/or
facilities lease rent, utility rates , property taxes, insurance,
advertising, debt service cost, governmental assessments and fees,
incidental services , normal repair and maintenance, capital im-
provements, upgrading and addition of amenities or services , net
operating income, as well as just and reasonable return on the
owner ' s property.
(f) To render, at least semi-annually, a written report
to the City Council concerning its activities, rulings , actions,
results of hearings and all other matters pertinent to the ordi-
nance, including recommendations for amendment thereof, within
the limitations of Section 10 of the ordinance.
(g) To adopt, promulgate, amend and rescind administrative r
rules of procedure . Nothing in this Subsection shall be construed L
as authority for the commission to make any administrative rules
affecting the substantive rights of either landlords or tenants .
(h) To maintain and keep at City Hall , hearing files and
dockets listing the time , date and place of hearings , the parties
involved, the addresses of said parties and final disposition of
each such petition with appropriate findings .
1 c 5
177
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Ord. No. 1117
Page 6 .
(i) To recommend to the City Council the adoption of a fee
schedule setting such fees and charges as appear necessary or de-
sirable to defray in whole or in part the cost of administration
of the commission and conduct of its assigned duties .
SECTION 10 . Initiation of Commission Proceedings .
(a) Any tenant of a residential unit affected by the ordi-
nance, upon payment of such filing fee as shall be duly established,
may petition the commission for an interpretation of the ordinance ,
or for a determination whether a proposed or actual action by the
landlord of such tenant is legal, valid, and within the terms of the
ordinance . If the commission shall establish forms for such petitions ,
the petition shall be prepared and submitted upon such form. In the
absence of such designated form, the petition shall contain the name,
address, and telephone number, if any, of the petitioner, and the
name, address, and telephone number, if known, of the landlord,
owner, manager, or other person authorized to represent the owner
of the rental unit; a brief statement of the facts giving rise to
the request for interpretation or determination; and a statement
that a copy of the petition has been personally served or mailed to
the owner, manager or other person authorized to accept and receive
notices to the landlord.
(b) Any landlord of a residential unit affected by the ordi-
nance may, upon payment of such filing fee as shall be duly established,
petition the commission for an interpretation of the ordinance, or
for a determination whether a particular proposed course of action
by said landlord is allowable, valid and in conformity with the ordi-
nance. The commission may designate forms for the filing of such
petitions . In the event that no such form has been designated, the
petition shall be in writing, and shall contain the name, address
and telephone number, if any, of the person requesting the interpre-
tation or opinion; the name and address ,of each tenant of a rental
unit owned or managed by the person requesting the interpretation or
opinion, if it is intended that such interpretation or opinion affect
such rental unit; a brief statement of the facts giving rise to the
request for interpretation or opinion; and a statement that a copy
of such petition has been personally served upon or mailed to each
such tenant who might be affected thereby.
(c) A landlord, or any representative of the owner, lessor,
operator or manager of a rental unit affected by the ordinance, upon
payment of such filing fee as shall be duly established, may petition
the commission for a hardship increase of the maximum rent permitted
to be charged pursuant to the ordinance. If the commission shall
designate a form for the filing of such petition, such petition shall
be filed upon such form. If no such form shall be designated, such
petitionshall be in writing, verified by the applicant, and shall
contain the name, address and telephone number of the applicant; the
name and address of the tenant of each rental unit which would be
affected if the petition were granted; a statement of the facts
giving rise to the petition for hardship increase, in sufficient de-
tail that if established, such facts would demonstrate the existence
of a hardship upon the landlord warranting such hardship increase;
a ' statement that a copy of the petition has been served upon or
mailed to each tenant of a rental unit which would be affected by
the hardship increase if granted.
� - . 178
Ord. No. 1117
Page 7.
SECTION 11. Conduct of Commission Proceedings .
(a) Each party to a hearing may have assistance in present-
ing evidence or in setting forth by argument his position, from an
attorney or such other person as may be designated by said party-
(b) Formal rules of evidence shall not apply in commission
proceedings, however, all oral testimony offered as evidence shall
be under oath.
(c) In the event that any party shall fail to appear at the
time and place set for hearing of a petition, the commission may
hear and review such evidence as may be presented, and may make
such findings and decisions as shall be supported by the evidence
presented.
(d) The commission, or designated hearing officer, shall
make findings based on the evidence as to each fact relevant to
the commission's decison on the petition. The decision of the
commission shall be based upon the findings, and shall (1) inter
pret the ordinance; and/or (2) determine whether the action or
proposed action of a landlord is valid, permitted, and in con-
formity with the ordinance; and/or (3) determine whether a hard-
ship exists , and if so, the nature and amount of relief to be
granted or authorized to the landlord.
(e) The commission shall make a final decision no later
than ten days after the conclusion of its hearing on any petition.
No rent increase shall be authorized unless supported by the
preponderance of the evidence . A notice of the commission's
decision shall be sent to each party to a proceeding. Unless
good cause to the contrary shall appear, each decision of the
commission shall apply on a unit by unit basis, taking into ac-
count the possibility of differences in base rent, services
provided, and other factors differentiating rental units.
(f) Nothing in this ordinance, or in any decision of the
Rent Review Commission shall require any landlord to raise
rents or charges to tenants . If an increase in the maximum
permissible rent is authorized, a landlord may raise rents or
charges by a lesser amount, or for a lesser time than is autho-
rized by the decision of the commission.
(g) The findings and decisions of the commission shall be
final administrative action. There shall be no right of appeal
to the City Council . Such findings and decisions shall be public
records, and may be certified by the secreatry of the commission,
if any, or by the city clerk.
SECTION 12. Alternative Procedure--Not Mandatory. The proceed-
ings of the Rent Review Commission are alternative administrative
proceedings, and are not mandatory . No person, whether landlord
or tenant, is required to file a petition, nor to carry proceed-
ings before the commission to conclusion before exercising the
right to seek judicial relief pursuant to Sections 6 , 9 , 11 or
14 of the ordinance; provided, however, that the filing of an
action in any court of competent jurisdiction by a party who has
filed a petition with the commission seeking the same or similar
relief, shall be deemed to be an abandonment of the petition before
the commission if the same shall not have proceeded to final
1 c 7
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Ord. No. 1117
Page 8 .
decision, and the commission may thereupon stay all further pro-
ceedings upon such petition; provided further that if a court in
which any action is filed pursuant to the ordinance shall, in the
exercise of its discretion, stay or abate such judicial proceeding,
with or without referral of such action to the commission, and
whether or not a petition has theretofore been filed with the
commission, the commission may receive, hear and determine any
petition theretofore or thereafter filed as if no such judicial
proceeding were pending. There shall be no appeal, as such, from
a final determination of the commission. A party not satisfied
with such decision may then seek any judicial remedy provided by
the ordinance or otherwise provided by law.
SECTION 13 . Priorities--Timeliness of Proceedings . The Rent Re-
view Commission shall establish categories of petitions or re-
quests, and may set priorities for those categories deemed most
urgent. In view of the protections provided for tenants elsewhere
in this ordinance, the highest priority for the proceedings of
the commission shall be given to the category for petitions of
landlords for hardship increase, and among such petitions, the
highest priority shall be given to petitions based upon hardship
alleged to be created by the landlord's payment of utilities or
other necessary services used in rental units .
The commission shall so arrange its affairs that each
petition filed by a landlord seeking a hardship rent increase
shall be heard and determined not later than 90 days following
the filing of such petition. If the commission shall deem it
necessary in order to meet such time constraints, it shall request
of the City Council the appointment of one or more hearing officers
to hear such cases, make findings thereon, and recommend disposition
thereof to the commission. In any case in which a verified peti-
tion, or an affidavit or declaration under penalty of perjury has
been filed by a landlord stating facts which appear prima facie to
constitute a hardship, if such petition is not heard and determined
within 90 days of its filing, exclusive of any delays requested,
consented to or caused by the landlord or his representative, no
fees, charges or costs shall be charged or assessed against said
landlord for any of the hearing costs of said commission.
SECTION 14 . Effective Date. This ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 15 . Publication. The City Clerk is hereby ordered and
directed to certify to the passage of this ordinance, and to cause
same or a summary thereof or a display advertisement, duly prepared
according to law, to be published in accordance with law.
ADOPTED this 1st day of October 1980 .
AYES: Councilmembers Field, Rose and Mayor Doyle
NOES: Councilmember Ortner
ABSENT: Councilmember Beirich
(ATTEST: CITYeQF PALM SPIJINGS, CALIFORNIA
By
L.Beputy City Clerk Ma or
REVIEWED & APPROVED C
(Over)
1C1i �
I HEREBY CERTIFY that the foregoing Ordinance No. 1117 was duly adopted
by City Council of the City of Palm Springs , California, in a meetin^
thereof held on the 1st day of October, 1980, and that summary was pub',Iished
in THE DESERT SUN, a newspaper of general circulation, on October 9, 1980.
and on September 27, 1980.
NORMAN R. KING
City Clerk
BY: JUDITH SUMICH
Deputy City Clerk
ORDINANCE NO. 1118
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DECLARING THAT A STATE OF
EMERGENCY EXISTS WHEREIN THE PUBLIC SAFETY,
HEALTH AND WELFARE ARE THREATENED AND CAUSING
A MORATORIUM TO BE PLACED ON ESTABLISHMENT
OF TIME-SHARE PROJECTS IN ANY ZONE WITHIN THE
CITY OF PALM SPRINGS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . URGENCY. This Ordinance is adopted as an urgency measure pursuant
to the authority of Section 65858 of the Government Code of the State of Cali-
fornia, to institute a moratorium upon establishment within the City of Palm
Springs of any "time-share" or "interval ownership" project. The nature of
the emergency justifying the adoption of this Ordinance as an urgency measure
is that a substantial number of time-share or interval ownership projects are
being developed or proposed for development within the City at a time when the
extent of needed control , the effect of existing zoning controls , the effect
upon transient occupancy tax revenues, and the nature of sales and promotional
techniques to be used, all remain uncertain. Each of such matters is or may
be contrary to the public health, safety and welfare.
SECTION 2. DEFINITIONS.
' Time-share Project shall mean one wherein a purchaser receives the right in
perpetuity, for life, or for a term of years, to the recurrent, exclusive use
or occupancy of a lot, parcel , unit, room(s) , or segment of real property,
annually or on some other seasonal or periodic basis, for a period of time
that has been or will be allotted from the use or occupancy periods into which
the project has been divided.
Subdivision as defined in the Subdivision Ordinance of the City of Palm Springs,
includes a time-share project, consisting of twelve (12) or more time-share
estates or time-share uses having terms of five (5) years or more, or having
terms of less than five (5) years which also include options to renew except
that time-share uses, whether or not assignable or irrevocable, in real property
other than structural dwelling places shall not constitute a subdivision.
Time-share Estate shall mean an ownership or leasehold estate in property
devoted to a time-share fee (tenants in common, time span ownership, interval
ownership) or a time-share lease.
Interval Ownership shall mean the buyer owns a unit during a stipulated period
of time for a specified number of years, or in perpetuity, generally including
a provision that at the end of the useful life of the building, or at the end
of the time span, ownership becomes tenancy in common with all other owners of
the real property of which the unit is part.
1 Vacation License shall mean a right granted to a buyer to use a unit for a
specified time period for a term of years, or useful life of the building.
The buyer may or may not be permitted to sell his license.
Vacation Lease shall mean a lease on a particular unit, which entitles the
lessee to a fixed annual period of occupancy.
Ord. No. 1118
Page 2
Club Membership Time-share shall mean a concept where a buyer purchases a club
membership which allows a right to occupy a unit for a specified period of
time each year. The club is a nonprofit association, purchasing or leasing
structure(s) for the benefit of club members . Time periods may be fixed or
selected annually.
Time-share Use shall mean any contractual right of recurrent periodic exclusive
occupancy which does not fall within the definition of a "Time-share Estate"
including, but not limited to, a vacation lease, vacation license, club member-
ship, limited partnership or vacation bond.
SECTION 3. MORATORIUM. A four month moratorium is hereby established within
which to initiate a study to ascertain the magnitude of the potential problems
in the concept of "time-share" projects within the City of Palm Springs and to
develop controls in compliance with State Law for the following purposes:
a. The "time-share" concept is a transient type of activity and has no
apparent local control under the City's current ordinances. A study
is needed to determine the compatibility of this concept with the
City' s existing residential zoning classifications to insure pro-
tection of the public' s health, safety and welfare.
b. The relationship between the "time-share" tourist type use and the
City's existing Transient Occupancy Tax needs to be studied and
resolved.
C. The communications involved in the promotion of the "time-share"
concept and sales of time-share units within the City may require
restrictive legislation to prevent high pressure sales tactics and
other possible impositions upon the public. Additional time is
necessary to study and propose means and methods of control for the
promotion and sale of "time-share" projects and/or vacation licenses.
SECTION 4. ZONES PROHIBITING TIME-SHARE PROJECTS. During the period of the
above stated moratorium, time-share projects shall not be a permitted use in
any zone in the City of Palm Springs.
SECTION 5. EXCEPTIONS. This Ordinance shall not affect time-share projects
for which approved permits from the State Department of Real Estate have been
issued or projects in which units have been lawfully sold or offered for sale
to the public, at the date of adoption of this Ordinance.
SECTION 6. EFFECTIVE PERIOD OF ORDINANCE. This Ordinance shall remain in
effect for a period of four months from the date of adoption unless sooner
repealed or otherwise modified, and subject to any extension of the time
period, pursuant to and in accordance with Section 65858 of the Government
Code of the State of California.
SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect
immediately upon adoption by at least a four-fifths vote of the City Council .
I_H
:4
Ord. No. 1118
Page 3
SECTION 8. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this Ordinance, and cause the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 15th day of October 1980.
AYES: Councilmembers Beirich, Field, Rose and Mayor Doyle
NOES: None
ABSENT: Councilmember Ortner
ATTEST: CITY OF\PAL11 SPRINGS, CALIFORNIA
Deputy City Clerk M yor
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1118 was duly adopted
by City Council of the City of Palm Springs, California, in a meeting
thereof held on the 15th day of October, 1980, and that same was pub-
lished in THE DESERT SUN, a newspaper of general circulation, on
October 27, 1980.
NORMAN R. KING
City Clerk
f
BY: JUDITH SUMICH
- Deputy City Clerk
I
WP 37097-99
18
ORDINANCE NO. 1119
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY
APPROVING A PLANNED DEVELOPMENT DISTRICT
AND FINAL DEVELOPMENT PLANS IN-LIEU OF A
CHANGE OF ZONE FOR AN EXPANSION OF EXISTING
INDUSTRIAL USES ON MCCARTHY ROAD BETWEEN
SAN RAFAEL AND LAS VEGAS ROAD, SECTION 34.
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 Ordi-
nance, the official Zoning Map of the City of Palm Springs, referred to herein,
is hereby amended, as follows:
Planned Development District in-lieu of a change of zone:
The parcel of property legally shown on Exhibit "A" is approved as
Planned Development District 109, specifically for expansion of existing
industrial uses in accordance with detailed plans on file with the
Department of Community Development, Case 5.0134-PD-109.
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 the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 5th day of November 1980
'AYES: Councilmembers Beirich, Field, Rose and Mayor Doyle
NOES: None
ABSENT: Councilmember Ortner
ATTEST CITY P LM SP�G CAL FORNIA
By i
u, /Deputy City Clerk 'Mayor
REVIEWED & APPROVED
I HEREBY CERTIFY that the foregoing Ordinance 1119 was duly adopted by City Council
of the City of Palm Springs, California, in a meeting thereof held on the 5th day
of November, 1980, and that same was published in THE DESERT SUN, a newspaper of
general circulation, November 14, 1980.
NORMAN R. RING I
City Clerk
,BY: JUD�—SUMICH
Deputy City Clerk
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CITY OF PALM SPRINGS
SE NO. 5.0134-PD-109 APPROVED BY PLAN. COMM. DATE
PLICANT Hallmark Eng./W. E. Col lazier APPROVED BY COUNCIL DATE
MARKS DST Industries ORD. NO. 1119 RESOL. NO.
8 G3
ORDINANCE NO. 1120
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY
APPROVING A PLANNED DEVELOPMENT DISTRICT
AND PRELIMINARY PLOT PLAN IN-LIEU OF A
CHANGE OF ZONE FOR A 60 ACRE CONTROLLED
DENSITY RESIDENTIAL COMPLEX ON THE NORTH-
WEST CORNER OF SUNRISE WAY AND RACQUET
CLUB ROAD, SECTION 2.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Pursuant to Section 9406.00B-5d. of the Palm Springs Zoning
Ordinance, the offician Zoning Map of the City of Palm Springs, referred
to herein, is hereby amended as follows:
Planned Development District in-lieu of change of zone:
The parcel of property legally shown on Exhibit "A" is approved
as Planned Development District 110, specifically for a con-
trolled density residential project in accordance with a pre-
liminary plot plan on file with the Department of Community
Development, Case 5.0135-PD-110. Such approval is subject to
a. Conditions spelled out in the Planning Commission minutes of
September 24, 1980. I
b. That deed and/or leasehold restrictions be subject to City
Council and Planning Commission approval .
c. That in consideration of the permitted density bonus, the
apartments be subject to control and regulation of rents in
the same manner as, and to the same extent as those prop-
erties which are subject to the rent control ordinance which
was adopted by the voters in April of 1980, as it may be
amended from time to time except that repeal or finding of
invalidity of said ordinance shall not operate to relieve
said property of the effect of said control and regulation.
Notwithstanding the above, the developer shall be permitted
to increase rents by passing through the cost of capital
improvements approved under any program of resale price
control which may hereafter be adopted concerning this
project.
d. That a program to administer and implement the deed
restriction/covenant mechanism to regulate sales/resales/price
and rent of the housing units be adopted to the satisfaction
of the City Council prior to or as a part of, the final
development plans and prior to exemption from dual sewer.
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 the same or a
summary thereof or a display advertisement, duly prepared according to
law, to be published in accordance with law.
10-B-1
10-b-2
Ord. No. 1120
Page 2
I
ADOPTED this 5th day of November 1980.
AYES: Councilmembers Beirich, Field, Rose and Mayor Doyle
NOES: None
ABSENT: Councilmember Ortner
ATTES/T CITY F PALM SPRIN S, CAL FORNIA
By\`—/ NA
Deputy City Clerk U Mayor
REVIEWED & APPROVED
I HEREBY CERTIFY that the foregoing Ordinance 1120 was duly adopted by
City Council of the City of Palm Springs, California, in a meeting thereof
held on the 5th day of November, 1980, and that same was published in
THE DESERT, SUN, a newspaper of general circulation, on November 14, 1980.
NORMAN R. RING
City Clerk
BY: SUDITH SUMICH
Deputy City Clerk
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CITY OF PALM SPRINGS
CASE NO. 5.0135-PD-110 (TTM 16581 ) APPROVED BY PLAN. COMM. DATE
APPLICANT Desert Dorado, Inc. APPROVED BY COUNCIL DATE _
REMARKS ORD. NO. 1120 RESOL. NO. 10-b-3
J-85
ORDINANCE NO. 1121
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY
APPROVING A PLANNED DEVELOPMENT DISTRICT
AND PRELIMINARY PLOT PLAN (CASE 5.0075-
PD-119) IN-LIEU OF A CHANGE OF ZONE FOR
A PROFESSIONAL OFFICE COMPLEX ON THE
SOUTHWEST CORNER OF RAMON ROAD AND SUN-
RISE WAY, SECTION 23.
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 Ordi-
nance, the official Zoning Map of the City of Palm Springs, referred to here-
in, is hereby amended as follows :
Planned Development District in-lieu of change of zone:
The parcel of property legally shown on Exhibit "A" is approved as
Planned Development District 119, specifically for a professional
office complex in accordance with preliminary plot plan on file in
the Department of Community Development, Case 5.0075-PD-119.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
I SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this Ordinance, and to cause the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 4th day of December 1980.
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST: CITY X SPRING CAL ORNIA
By- G��
Deputy City Clerk Mayor
REVIEWED & APPROVED: A ;
I HEREBY CERTIFY that the foregoing Ordinance 1121 was duly adopted by City
Council of the City of Palm Springs, California, in a meeting thereof held
on the 4th day of December, 1980, and that same was published in THE DESERT
SUN, a newspaper of general circulation, on December 12, 1980.
NORMAN R. KING
City Clerk
S
JU l SUMICH
Deputy City Clerk
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CITY OF PALM SPRINGS
CASE NO. 5.0075-CZ APPROVED BY PLAN. COMM. DATE
APPLICANT J. Wessman APPROVED BY COUNCIL DATE 12/4/80
REMARKS ORD. NO. 1121 RESOL. NO.
ORDINANCE NO. 1122
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DECLARING THAT A STATE OF
EMERGENCY EXISTS WHEREIN THE PUBLIC SAFETY,
HEALTH AND WELFARE ARE THREATENED AND
CAUSING A PROHIBITION OF GASOLINE RATE
SIGNS ALONG SCENIC CORRIDORS WITHIN THE CITY.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1 . This Ordinance is adopted as an urgency measure pursuant
to the authority of Section 65858 of the Government Code of the State
of California to prohibit the posting of rate signs along Scenic
Corridors within the City of Palm Springs. The nature of the urgency
justifying the adoption of this Ordinance as an urgency measure is that
State law effective.on January 1 , 1981 requiring the posting of rate
signs would cause unnecessary confusion to the general public and un-
necessary expense to the service station owners/operators for a period
of approximately five (5) weeks needed for a prohibiting Ordinance as
a non-urgency measure to take effect.
SECTION 2. Section 8153. 11 is, hereby added to, the Palm Springs Sign
Ordinance as follows:
The posting of gasoline rate signs shall be
prohibited on or along all roadways that are
designated Scenic Corridors as shown in the
officially adopted Scenic Corridor element
of the Palm Springs General Plan.
SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and
effect immediately upon adoption by at least a four-fifths vote of the
City Council .
SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed
to certify to ,the passage of this Ordinance, and to cause same to be
published once in THE DESERT SUN, a daily newspaper of general circulation,
printed, published and circulated in the City of Palm Springs, California.
ADOPTED this 17th day of December , 1980.
AYES: Councilmembers Beirich, Ortner, Rose and Mayor pro tem Field
NOES: None
ABSENT: Mayor Doyle
ATTEST: / CITY X PALM SPRINGS, CALIFORNIA
By l.De'puty City clerk U Mayor
REVIEWED & APPROVED (,,tVJ
(
I HEREBY CERTIFY that tJ f-oregoing Ordinance 1122 was duly adopted by City
Council of the City of Palm Springs, California, in a meeting thereof held
on the 17th day of December, 1980, and that same was published in THE DESERT
SUN, a newspaper of general circulation, on December 29, 1980.
NORMAN R. KING
City Clerk
CL'BY: JUDITH SUMICH
Deputy City Clerk