HomeMy WebLinkAbout1/1/1981 - ORDINANCES 192
ORDINANCE NO. 1123
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY
APPROVING A PLANNED DEVELOPMENT DISTRICT
(CASE 5.0140-PD-112) AND PRELIMINARY PLOT
PLAN IN-LIEU OF A CHANGE OF ZONE FOR AN
OFFICE/INDUSTRIAL COMPLEX ON THE NORTH-
EAST CORNER OF SAN RAFAEL DRIVE AND MC-
CARTHY 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 Paim Springs , referred to herein,
is hereby amended as follows :
Planned Development District in-lieu of Change of Zone:
The parcel of property legally shown as exhibit "A" is approved
as Planned Development District 112, specifically for an office/
industrial complex in accordance with preliminary plot plan on
file in the Department of Community Development, Case 5.0140-PD-112.
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 7th day of January 198 b
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST: / CITY F PALM SPRING.Scx CALIFORNIA
/ /
By �..
Deputy City Clerk Mayor
REVIEWED & APPROVED: - (.'y/
I HEREBY CERTIFY that the foregoing Ordinance 11.23 was duly adopted by City Council
of the City of Palm Springs, California, in a meeting thereof held on the 7th day
of January, 1981, and that same was published in THE DESERT SUN, a newspaper of
general circulation on January 19, 1981.
NORMAN R. RING
ity Cler
B �JUDITH SUMICH
�- Deputy City Clerk
3 a 1
WP 3204
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rAS N0. 5. 0140-PD-112 APPROVED BY PLAN. COMM. DATE
CANT R i APPROVED BY COUNCIL DATE 1/7/81
RKS ORD. N0. 1123 RESOL. N0.
94
ORDINANCE NO. 1124
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 8.04.400 TO
CHAPTER 8.04 OF THE MUNICIPAL. CODE TO '
PROVIDE FOR THE UNDERGROUNDING OF UTILITIES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . That Section 8.04.400 is hereby added to Chapter 8.04, Division 8
of the Palm Springs Municipal Code to read in its entirety as follows:
8.04.400 Undergrounding of Utilities,.
8.04.401 New Construction. All electrical , gas, telephone, tele-
vision cable service, and similar service wires or lines, which provide
direct service to new buildings and structures shall be installed under-
ground unless specific restrictions are shown in General Orders 95 and
128, of the California Public Utilities Commission, and service require-
ments published by the utilities.
8.04.402 Existing Development. Such service wires shall also be
placed underground when existing buildings or structures are repaired,
remodeled or expanded where the value (as determined for building permit
fee purposes by the Building Code of the City) of such repairs or remodel-
ing or expansion in any calendar year exceeds the assessed valuation of
the building or structure, or the amount of twenty thousand dollars
($20,000), whichever is less.
8.04.403 Responsibility For Compliance. The developer and owner
are jointly and severally responsible for complying with the requirements
of this Chapter and shall make the necessary arrangements with the utility
companies to have such facilities, and/or Equipment, properly indicated
on a site plan to be submitted with the street improvement plans.
8.04.404 Appurtenances. For the purpose of this Chapter, appurte-
nances and associated equipment such as, but not limited to, transformers,
terminal boxes and meter cabinets shall be installed underground except
in those instances where surface mounted transformers or pedestal mounted
terminal boxes or meter cabinets, or similar appurtenances are specifi-
cally permitted in above ground locations as approved by both the City
and the utility company.
8.04.405 Risers. Risers on poles and buildings are permitted on
single lot developments and shall be provided by the developer or owner
on the existing pole which services said property. In no such case shall
a new pole be installed, unless a hardship exists , in which case, the
Director of Community Development, or his representative, may waive this
requirement.
8.04.406 Appeal . The decision of the Director of Community Develop-
ment is appealable to the Planning Commission.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
3 b 2
,
Ord. No. 1124
3 b 3
Page 2
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 7th day of January 1981.
AYES: Counci'lmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST:. CITY h PALM SPRING , CAL FORNIA
By
�- Deputy City Clerk Mayor
REVIEWED & APPROVED:
1
y
J
I HEREBY CERTIFY that the foregoing Ordinance 1124 was duly adopted by
City Council of the City of Palm Springs, California, in a meeting thereof
held on the 7th day of January, 1981, and that a summary of same was pub-
lished in THE DESERT SUN, a newspaper of general circulation, on January
16, 1981. and December 29, 1980.
NORMAN R. RING
1 City Clerk
BY: JUDIT SH UMICH
Deputy City Clerk
WP 26650
9G
ORDINANCE NO. 1125
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REPEALING "CITY OF PALM SPRINGS
SUBDIVISION ORDINANCE" AND ADOPTING "SUB-
DIVISION ORDINANCE OF THE CITY OF PALM SPRINGS"
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Chapter 96 of the Palm Springs Muniicipal Code, cited as "City of
Palm Springs Subidivision Ordinance," comprising Sections 9600 through 9693,
inclusive, is hereby repealed.
SECTION 2. Chapter 9.60, comprising Articles 9.60 through 9.67 , inclusive, is
hereby added to the Palm Springs Municipal Code, to read as follows:
CHAPTER 9.60
Subdivision Ordinance of the City of Palm Springs
Chapters:
9.60 General Provisions , e-Z�� , Lc. •
9.61 Definitions �r7� 7 y�
9.62 Maps / � z,
9.63 Procedure 1 f`.
9.64 Requirements � ) 20
9.65 Improvement Securities ��
9.66 Reversions � ��
9.67 Enforcement and Judicial Review ti L
9.68 Underground Utilities �1� �` �L��./n�
CHAPTER 9.60 '
GENERAL PROVISIONS
9.60.010 AUTHORITY AND TITLE. The purpose of this chapter and any rules,
standards and specifications adopted pursuant hereto is to control
and regulate the division of land within the City of Palm Springs.
This chapter is adopted to supplement: and implement Title 7, Division
2, of the Government Code of the State of California, also known as
the "Subdivision Map Act. " This chapter may be cited as the "Sub-
division Ordinance of the City of Palm Springs. "
9.60.011 CONSISTENCY OF MAP WITH GENERAL AND SPECIFIC PLANS. To be approved,
any map of a proposed subdivision and the provisions for its design
and improvement must be found by the Planning Commission to be
consistent with the approved General Plan, Standard Plans and specific
plans of the City as may be applicable from time to time.
9.60.100 STANDARDS OF DESIGN AND IMPROVEMENT. The following standards of
design and improvement are hereby established for subdivisions
within the City of Palm Springs:
JLal
Ord. No. 1125
Page 2
9:60.101 Streets shall conform in design, improvement, and width to those
streets shown on the approved General Plan, Standard Plans, and/or
any specific plans adopted pursuant thereto.
9.60.102 Alleys shall be avoided where possible. Alleys may be provided in
commercial or industrial zones if other definite and assured pro-
vision cannot be made for service access, such as off-street loading,
unloading and parking consistent with and adequate for the uses
proposed. If approved, an alley shall :
a. be not less than twenty (20' ) wide.
b. be improved to full width.
9.60.103 Private streets may be permitted if adequate assurance is provided
for continued physical maintenance and access to the residents and/or
owners of the subdivision. Private streets shall be designed and
improved in accordance with the General Plan, Standard Plans and/or
specific plans pursuant thereto.
9.60.104 Driveway shall mean paved access from public or private streets to an
area or building, reserved for private use of the owner(s) of the
driveway. Driveway approaches shall be constructed of Portland
cement concrete.
9. 60.105 Intersecting street separation shall be no less than one hundred
twenty-five 125' feet. The term "intersecting street separation"
means the minimum distance between center lines of opposing streets
where two streets intersect a third street from opposite directions.
1 9.60.106 Angle of intersection of all intersecting streets shall be as near to
ninety 90 degrees as possible.
9.60.107 Property line returns shall have a minimum radius of twenty (20)
feet.
9. 60. 108 Center line radii shall be as follows except for hillside streets
which radii shall be determined by specific plans for individual
sites:
Major thoroughfare 1 ,000'
Secondary thoroughfare 500'
Collector Street 250'
Minor street 100'
Private street 50'
9.60.109 Sidewalk design and construction shall be required in accordance with
the approved Standard Plans, and/or specific plans as approved by the
Planning Commission.
9.60. 110 Bicycle Trails design and construction shall be in accordance with
the approved Master Plan of Bikeways, Standard Plans, and/or specific
plans pursuant thereto.
Ord. No. 1125
Page 3
9.60.111 Signs: The placement of street name, regulatory, warning and guide
signs and pavement markings shall be based on CalTrans Traffic
Manual and such additional guidelines as may be adopted by reso-
lution of the City Council .
9.60.112 Traffic Signal design and construction or design and relocation
shall be based on the requirements of CalTrans Traffic Manual and
such additional guidelines as may be adopted by resolution of the
City Council .
9.60.113 Street safety lights shall be installed along major and secondary
thoroughfares, and collector streets in accordance with the require-
ments of the CalTrans Traffic Manual , City Standard Plans, City
policy, and the National Standard Practice for Roadway Lighting.
In cases of conflict of standards in 9.60.111 ; 9.60.112; and 9.60.113 above,
the City Council standard shall govern.
9.60. 114 Street Trees may be required by the Planning Commission.
9. 60.115 Utilities consisting of natural gas, electric power, and telephone
distribution lines shall be installed to the property lines of all
lots. All existing abutting and transacting 33,000 volt or less of
electric lines and all proposed utility lines shall be installed
underground pursuant to Chapter 8.04.400 of the Municipal Code,
unless waived by the Director of Community Development. Television
cable service shall be provided according to the approved franchise
agreement with the City of Palm Springs.
9.60.116 Water Service shall be provided for all subdivisons in accordance '
with the requirements of the Desert Water Agency and the Fire Pre-
vention Bureau. Fire hydrants and other fire suppression services
shall be installed as required.
9.60. 117 All subdivisions shall be connected to the City sanitary sewer system
by means of installing mains, laterals and appurtenances in accordance
with the Master Plan of Sewers.
9.60. 118 The subdivider shall install storm sewer conduits , structures, and
appurtenances when required, in accordance with the Master Plan of
Flood Control & Drainage or by City Council direction.
9.60.119 A. The design of lots shall be in accordance with the Zoning Ordinance,
adopted General Plans, specific plans and with City policy.
B. The subdivision lot design, size, and configuration of structure
orientation, as well as possible sunlight easements, shall be
considered to provide for future passive or natural heating
and/or cooling opportunities.
C. Lot area and dimensions shall be ais required in Section 9300.00
of the Zoning Ordinance.
Ord. No. 1125
Page 4
9.60.120 ON-SITE DEVELOPMENT
A. Grading and control of wind and water erosion shall be in
direct accordance with Chapter 70 of the Uniform Building Code,
and this Chapter.
B. Developers of subdivisions located in areas subject to wind
erosion and blowsand shall be responsible for compliance with
the following:
1 . Subdivisions should be extensions of existing development
rather than isolated tracts.
2. Sides of a proposed subdivision that abut an undeveloped
area shall have installed a minimum six (6' ) foot solid
masonry wall to protect it from the prevailing wind.
3. A minimum six (6' ) foot wooden fence may be substituted for
a solid masonry wall where the required wall extends over a
future street opening.
4. Project phasing of subdivisions shall be phased whereby the
perimeter streets, walls and required landscaping be installed
first (west phase first) .
5. Site grading is to be broken down into as many phases as
economically feasible to reduce the exposure of graded
soils.
1 6. In severe cases of blowsand, the subdivider may be required
to plant, irrigate and maintain approved planting to the
windward of a wall up to a depth of one-hundred and fifty
(150' ) feet as prescribed by specific plan.
7. Soils disturbed during the development of a subdivision,
whether within or adjacent to, shall be covered with one
(1 ) or more of the following materials to produce an effective
wind erosion control :
(a) Complete cover of gravel or rock landscaping.
(b) Organic mulches (sprinkler irrigated) .
(,c) Irrigated grasses.
(d) Landscape vegetation.
C. On each lot of a residential single-family subdivision, where a
final or parcel map is required, a minimum fifteen (15) gallon
sized tree or equivalent appropriate landscaping, may be required
to be planted in the front set-back area and provided with a
permanent irrigation system.
9.60.121 OFF-SITE IMPROVEMENTS
For hillside areas, off-site improvements such as street design,
width, radii , curbs, gutters, sidewalks, etc. , shall be as required
in the specific plans for each area and the general standards may be
modified to adjust to specific topographic conditions.
Ord. No. 1125
Page 5
9.60. 122 REPORT ON DEVIATIONS.
Any deviations from the Standards of Design and Improvement as specified
herein shall be reported to the Planning Commission by the City
Staff. These deviations shall be allowed only if approved by the
Planning Commission and appear on an approved specific plan.
9.60.200 LOT LINE ADJUSTMENTS. The Director of Community Development may
authorize lot line adjustments wherein the number of lots remains the
same before and after the adjustment. This shall be accomplished by
submitting in duplicate, the following documents completed in the
manner herein described:
9.60.201 Completed application form.
9.60.202 An eight and one-half by thirteen inch (8 1/2" X 13") plat, on City
form, showing the following:
A. The lot line to be adjusted, in the existing and proposed
positions.
B. Bearings and distances to clearly indicate what is being proposed.
C. Effect on existing structures.
D. Location map.
E. North arrow and scale. The scale used shall be of sufficient
size to clearly indicate all than: is being proposed.
9.60.203 The owner(s) shall show proof of ownership and submit an affidavit
attesting to their consent to the adjustment. The affidavit shall be
on the City form.
9.60.204 The owner(s) shall pay a processing fee which may be set by the City
Council by resolution.
9.60.210 PROCEDURE. Applications for lot line adjustments shall be admini-
stered in the following manner:
9.60.211 One (1 ) copy each of the forms described herein above, shall be
forwarded to the Planning Division and the Engineering Division of
the Community Development Department.
9.60.212 The Director of Community Development shall either approve or dis-
approve the application and forward to the City engineer for completion.
9.60.213 Any decision of the Director of Community Development concerning lot
'line adjustments may be appealed to the Planning Commission.
9.61 .040 DEFINITIONS. Whenever any,words or phrases as used in this Chapter
are not defined herein or in 9100.09, but are defined in the Sub-
division Map Act of the State of California as last amended, such
definitions are incorporated herein and shall be deemed to apply as
though fully set forth in this Chapter.
Ord. No. 1125
Page 6
9.61 .050 ADVISORY AGENCY.
A. The Planning Commission shall be the Advisory Agency for all
purposes concerning tentative subdivision and parcel maps, and
final subdivision and parcel maps.
B. The Director of Community Development shall be the Advisory
Agency for all purposes concerning lot line adjustments.
9. 61 .060 MERGERS
9.61 .061 Two (2) or more contiguous parcels or units of land held by the same
owner which have been created under the provisions of any local ordi-
nance enacted pursuant thereto or were not subject to such provisions
at the time of their creation and if any one (1 ) of such contiguous
parcels does not conform to standards for minimum parcel size and at
least one (1 ) of such non-conforming contiguous parcels is not developed
with a building for which a permit has been issued, such parcels
shall be merged for the purposes of this Ordinance.
9.61 .062 Subdivided lands may be merged and resubdivided without reverting to
acreage by complying with all the applicable requirements for the
subdivision of land as provided by this Chapter and the Subdivision
Map Act.
9.61 .063 Two (2) or more contiguous parcels or units of land may be merged for
the purpose of lot consolidation to form one (1 ) or more legal
conforming lots by filing a parcel map and meeting all requirements
of this Ordinance for parcel maps and following the procedures required
1 herein.
9.61 .064 In cases other than as specified in Sections 9.61 .061 ; 9.61 .062 and
9.61 .063 above, wherein such parcels were created without regard to
the provisions of local ordinances in effect at the time of their
creation, and such units of land are held by the same owner(s) , said
parcels shall be considered merged by this Ordinance.
Procedures for lot consolidation are as follows:
1 . A lot consolidation application shall be initiated by the City.
2. Property owner(s) and owners of adjacent parcels shall be notified
of the proposed consolidation action at least one (1 ) month
before Planning Commission consideration.
3. Lot consolidation shall follow the procedure established for
Planning Commission and City Council action on parcel maps.
4. The Planning Staff shall prepare and submit a recommendation
report giving evidence why the parcels should be consolidated.
5. The owner(s) of the subject parcels may agree to the merger by
affixing their signature on the application or submit evidence
why the consolidations should not be accomplished.
202
Ord. No. 1125
Page 7
6. In the event that such parcels are not consolidated in accordance
with these procedures , a building permit may not be issued for
any of the parcels under consideration.
7. The decision of the City Council shall be final .
CHAPTER 9.62
MAPS
9.62.001 GENERAL PROVISIONS. The necessity for tentative, final and parcel
maps shall be as provided in Chapter 2, Article 1 , of the Subdivision
Map Act, as last amended.
9.62.010 CONDOMINIUM CONVERSION. A final or parcel map involving prospective
conversion of one or more existing structures or parcels into a
condominium, stock cooperative, or any other form of community
ownership, shall be approved only if the proposed condominium use of
the property will be in conformity with the General Plan and such
conversion conforms to any other requirements or restrictions which
may be adopted by the City Council by ordinance dealing with the
conversion of existing structures from rental units to community
ownership; and, further, only if any structure or design if newly
constructed as of the date of final or parcel map approval , could be
lawfully so constructed in accordance with the applicable zoning
regulations, building codes and fire safety codes .
9.62.020 TENTATIVE PARCEL MAPS. When a parcel map is required by this Chapter,
a tentative parcel map shall first be filed with the Director of
Community Development. Said map shall meet all the requirements for '
tentative maps provided by the Subdivision Map Act and this Chapter.
9.62.030 FINAL MAPS. The content and form of final maps shall be as provided
in the Subdivision Map Act.
9.62.040 PARCEL MAPS. The content and form of parcel maps shall be as pro-
vided in the Subdivision Map Act and this Chapter.
9.62.050 DEDICATIONS. Dedications or offers of dedication may be made by
certificate on the final map or parcel map or by separate instrument.
In the case of dedications by separate instrument, such dedications
shall be made prior to the recording of the final map or parcel map,
and the recording data of the separate instrument shall be placed on
the final map or parcel map prior to filing for record.
Ord. No. 1125
Page 8
CHAPTER 9.63
PROCEDURE
9.63.010 GENERAL PROVISIONS. The City Council , by resolution, shall issue
regulations to control the design and improvement and specifications
of subdivisions and specific operating procedures for actions in
connection with maps and proposed subdivisions. Such regulations
when approved by the City Council shall be and become part of this
Chapter for all intents and purposes the same as if they were set
forth herein verbatim. Such regulations may include standards for
all matters relating to design and improvement of subdivisions as
defined in the Subdivision Map Act.
9.63.020 ENVIRONMENTAL REVIEW. No tentative parcel or subdivision map shall
be considered accepted for filing by the Advisory Agency for con-
sideration under this Chapter and the Subdivision Map Act, unless the
said map shall have been first subjected to and processed according
to the requirements of the Environmental Guidelines adopted and
amended from time to time by the City of Palm Springs. The sub-
divider shall submit such applications and pay such fees as may be
required.
9.63.030 TIME LIMITS shall be as specified in the Subdivision Map Act.
9.63.040 FEES. The subdivider shall pay all fees for the processing of
tentative and final subdivisions, tentative parcel maps and final
parcel maps. The processing fees shall be in the amounts prescribed
by resolution of the Council .
I 9.63.050 PUBLIC HEARING. The Planning Commission and/or City Council may hold
a public hearing on matters pertaining to final and parcel maps.
Such hearings, and related proceedings, shall be conducted as de -
scribed in this Chapter and the Subdivision Map Act.
9.63.200 TENTATIVE MAPS. Tentative Maps, for all property divisions except
lot line adjustments, shall be filed with the Department of Community
Development and shall be processed in accordance with the Subdivision
Map Act and the provisions of this Chapter. The Subdivider shall
file as many copies of the tentative map as ,may be required by the
Director of Community Development.
9.63.220 FORM AND CONTENT OF TENTATIVE MAPS. The following shall be required
Tor tentative tract and tentative parcel maps submitted to the City
of Palm Springs.
9.63.221 Tract or parcel map number as assigned by the County Road Department.
9.63.222 Legal description of the property.
9.63.223 Date, north point, scale, area, and zoning.
9.63.224 Location map indicating the location of the proposed subdivision in
relation to the surrounding area.
Ord. No. 1125
Page 9
9.63.225 Name, address and phone number (including area code) of the record
owner, lessee, subdivider and the registered civil engineer or
licensed surveyor under whose direction the map was prepared, in-
cluding the registration number of the engineer or surveyor.
9.63.226 The existing topography of the land proposed to be divided with
appropriate cross sections. Topography of adjacent land shall also
be shown whenever the surface features of such land affect the
design and/or improvements of the proposed division.
9.63.227 Conceptual tentative grading and drainage plan, indicating drainage
problems and possible solutions.
9.63.228 The approximate location and outline to scale of any existing building
or structure that is to be retained. Each existing structure shown
shall be identified by house number or other identifying feature,
including a notation on each building cr structure to be retained.
Buildings or structures on adjacent property shall also be shown
along with pad elevations.
9.63.229 All existing public utilities, including but not limited to sewer and
irrigation lines, shall be plotted on the map. Reference shall be
made to method and areas of proposed utility locations.
9.63.230 Approximate location of archaeological sites or historic structures,
and endangered or specimen vegetation.
9.63. 231 The location, width, approximate grade and curve radii of all streets
existing and adjacent to the proposed subdivision.
9.63.232 The approximate radius and arc length of each center line curve. '
9.63.233 The approximate dimension, area, size and lot layout of each lot.
The number of each lot; the proposed areas for public use; and the
angle of intersecting streets or highways if such angle deviates from
a right angle by more than five (5) degrees.
9.63.234 Each street shown by its existing actual and/or proposed street name.
Street names or approval of proposed names shall be coordinated with
the Department of Community Development: before submittal .
9.63.235 A reduced copy, eight and one-half by eleven (8 1/2" X 11 ") inches
shall be submitted for processing.
9.63.300 REVIEW OF MAPS BY ADVISORY AGENCY.
A. The Planning Commission shall make investigations, reports and
recommendations on the design and improvement of any proposed
division of real property for which either a tentative tract or
parcel map is required. The Planning Commission shall have the
authority to impose requirements and conditions upon such
tentative maps and then transmit reports and recommendations to
the City Council . The Planning Commission shall have the
Ord. No. 1125
Page 10
authority to make necessary findings as required by this Chapter
and the Subdivision Map Act for such recommendations and reports.
B. The City Engineer shall review and approve such final maps by
affixing his certificate if such maps conform to the approved or
conditionally approved tentative map, the requirements of the
City, and the Subdivision Map Act as required for action by the
City Council .
9.63.310 APPEALS. The Appeal Board, for matters covered by this Chapter, is
the City Council of the City of Palm Springs unless otherwise noted.
The action of the City Council shall be final . Appeals on trust
lands shall be in accordance with the contractual agreement between
the City of Palm Springs and the Agua Caliente Indian Tribal Council .
9.63.320 EXPIRATION. An approved, or conditionally approved tentative map
shall expire after its approval or conditional approval in the time
and in the manner prescribed by the Subdivision Map Act.
9.63.330 TIME EXTENSIONS. The approval or conditional approval of a tentative
parcel map or a tentative subdivision map shall expire twelve (12)
months from the date the map was approved or conditionally approved
by the City Council .
9.63.331 The person filing the tentative map may request a time extension of
the tentative map approval or conditional approval by written appli-
cation to the Planning Commission, such application to be filed at
least thirty (30) days before the approval or conditional approval is
due to expire. The application shall state the reasons for requesting
the extension and the amount of time requested. In granting an
extension of time, new conditions may be imposed and existing con-
ditions may be revised or amended.
9.63.332 Any extension(s) of tentative map approval or conditional approval
shall not exceed a total of two (2) years.
9.63.333 Modifications of a tentative map after approval or conditional approval
shall not extend the time limits imposed by this Section.
9.63.334 The Planning Commission's recommendation shall be forwarded to the
City Council for final action.
9.63.335 The expiration of the approved or conditionally approved tentative
map shall terminate all proceedings and no final map or parcel map of
all or any portion of the real property included within such tentative
map shall be filed without first processing a new tentative map
pursuant to this Ordinance.
9.63. 340 REVIEW OF TENTATIVE MAP BY OTHER AGENCIES. The Director of Community
Development shall transmit copies of any tentative maps to those
agencies and utility companies which he deems may be affected by the
proposed subdivision.
Ord. No. 1125
Page 11
9.63.341 FLOOD HAZARD. , The Director of Community Development shall request
the appropriate agency to provide a Flood Hazard Report for each
tentative map. The developer shall pay to the appropriate agency all
required fees for this service.
9. 63.350 FINAL MAPS. The processing of the final map shall be as provided in
the Subdivision Map Act.
9.63.360 PARCEL MAPS. The processing of parcel maps shall be as provided in
the Subdivision Map Act.
9.63.361 FAILURE TO FILE PARCEL MAP. Failure to file a parcel map with the
County Recorder within six months, or the amount of time left from
the approval date of the tentative map., from the approval or con-
ditional approval of such map, shall terminate all proceedings. Any
subdivision of the same land shall require the filing of a new map.
9.63.362 FILING MAPS WITH THE COUNTY RECORDER. The filing of final or parcel
maps with the County Recorder shall be as prescribed by the Sub-
division Map Act.
9.63.363 DUPLICATE FINAL OR PARCEL MAP. Once the final or parcel map has been
recorded by the County Recorder, the subdivider shall , at his own
expense, cause to have made duplicate copies of all sheets of the
final or parcel map; and one reduced copy eight and one-half by
eleven inch (8 1/2" X 11 ") of map sheet(s) only. The regular sized
copies shall consist of one copy each, of the map and title sheets
reproduced on polyester base film and one copy each, of the map and
title sheets reproduced on paper in blue-line reproduction. Both the
film and paper reproduction copies sha'I1 be delivered, in a flat or '
rolled condition (not folded) , to the Engineering Division of the
Department of Community Development within thirty (30) calendar days
from the date of recordation.
9.63.370 CORRECTION AND AMENDMENT OF MAPS. The procedure for correcting or
amending final or parcel maps shall be as described in the Subdivision
Map Act.
CHAPTER 9.64
REQUIREMENTS
9.64.000 GENERAL. The procedure for satisfying this Article shall be as
provided by the Subdivision Map Act.
Ord. No. 1125
Page 12
9.64.020 DEDICATION REQUIREMENTS. As a condition of approval of a map, the
subdivider shall dedicate or make an irrevocable offer of dedication
of all parcels of land within the subdivision that are needed for
streets and alleys, including access rights and abutters ' rights,
drainage, public utility easements, and other public easements. In
addition, the subdivider shall improve or agree to improve all
streets and alleys, and install all required facilities in drainage,
public utility easement and other public easements as required by the
General Plan, or any specific plan adopted pursuant thereto.
9.64.021 IMPROVEMENTS. The subdivider shall be required to furnish, construct,
install and convey ownership to the City or other agency or utility
all improvements and/or rights-of-way and other dedications required
by his development. These improvements shall include all standard
improvements, required by this chapter the General Plan and/or specific
plan adopted pursuant thereto, including, but not limited to, curbs
and gutters, sidewalks, bicycle paths, street lights, street trees,
pavement, survey monuments, storm drain facilities, sewers, electrical ,
gas, and water systems, including fire hydrants and appurtenances,
and any other improvements as may be required as a condition of
approval of the final or tentative or revised map. All improvements
shall be in conformance with City adopted standards.
9.64.022 ADDITIONAL DEDICATIONS. On major and secondary thoroughfares, the
Advisory Agency may require additional dedications of rights-of-way
or easements for landscaping, bicycle and/or pedestrian paths and the
like. Such dedication shall be improved with permanently irrigated
landscaping with decorative masonry walls or berming to screen lots
abutting such arterials in accordance with the Noise and Scenic
I Highway Elements of the General Plan and City policy.
9.64.023 SUNLIGHT EASEMENTS. Sunlight easements to assure each parcel or unit
in a subdivision the right to receive sunlight for any solar energy
system, may be required provided that all the following are submitted
for City approval :
A. Specific standards to determine the exact dimensions and locations
of such indicated easements, which standards shall be applicable
to the entire subdivision;
B. Specific regulations on any restrictions on vegetation, buildings
and other objects which have the capability of obstructing the
passage of sunlight through the easement;
C. Specific terms or conditions, if any, under which an easement
may be revised or terminated.
9.64.030 WAIVER OF DIRECT ACCESS TO STREETS. The advisory agency may impose a
requirement that any dedication or offer of dedication of a street
shall include a waiver of direct access rights to such street from
any property shown on a final map as abutting thereon, and that if
the dedication is accepted such waiver shall become effective in
accordance with the provisions of the waiver of direct access.
2®
Ord. No. 1125
Page 13
9.64.040 PARK AND RECREATIONAL DEDICATIONS. As a condition of approval of a
final or parcel map, a dedication of land and/or payment of a fee for
park and recreational facilities may be required in accordance with
the Subdivision Map Act and the approved Recreation Element of the
Palm Springs General Plan as amended. The amount of land to be
dedicated or the fees to be paid in-lieu of such dedication shall be
determined by resolution of the City Council .
9.64.050 SCHOOL SITE DEDICATION REQUIREMENTS. As a condition of approval of
a final map, a subdivider who develops within the Palm Springs
Unified School District shall dedicate, if required, to the School
District such lands as the City Council shall deem to be necessary
for the purpose of construction thereon of schools necessary to
assure the residents of the subdivision adequate elementary school
service.
9. 64.051 PROCEDURE. The requirement of dedication of school lands shall be
imposed at the time of approval of the tentative map. If within
thirty (30) days after the requirement of dedication is imposed by
the City of Palm Springs, the Palm Spriings Unified School District
does not offer to enter into a binding commitment with the subdivider
to accept the dedication, the requirement shall be automatically
terminated. The required dedication may be made any time before,
concurrently with, or up to sixty (60) days after the filing of the
final map on any portion of the subdiviision.
9.64.052 PAYMENTS. Payments to subdivider for school dedications shall be
made in accordance with the requirements of the Subdivision Map Act.
9.64.053 OTHER SCHOOL SITE REQUIREMENTS. The provision for school site dedi-
cation set forth in Section 9.64.050, 9.64.051 and 9.64.052 shall not I
be exclusive, but shall be cumulative and additional to any other
provision for school site dedication, or payment of fees in-lieu
thereof, which may be duly adopted by the City Council , including as
example and not as limitation, the provisions of Chapter 4.7 of Title
7, commencing with Section 65970 of the Government Code of the State
of California.
9. 64.060 RESERVATION REQUIREMENTS. As a condition of approval of a map, the
subdivider shall reserve, if required, sites appropriate in area and
location for recreational facilities, fire stations, libraries, or
other public uses, according to the standards, formula, and pro-
cedures contained in this Chapter and the Subdivision Map Act.
9.64.061 STANDARDS AND FORMULA FOR RESERVATION OF LAND. Where recreational
facilities, a fire station, library, or other public use is shown on
an adopted general plan element, the subdivider may be required by
the City to reserve sites as determined by the City.
Ord. No. 1125
Page 14
9. 64.070 PAYMENT OF FEES REQfinalUIRED FOR DRAINAGE AND SEWER FACILITIES. Prior to
filing of any or parcel map, the subdivider shall pay or cause
to be paid any fees for defraying the actual or estimated costs of
constructing planned drainage facilities for the removal of surface
and storm waters from local or neighborhood drainage areas or sanitary
sewer facilities for local sanitary sewer areas established pursuant
to the Master Plan of Sewers and the Master Plan of Flood Control and
Drainage, and Article 5, Section 66483 of the Subdivision Map Act.
9.64.080 BRIDGE CROSSING AND MAJOR THOROUGHFARE. Prior to the approval of any
final or parcel map, or prior to the issuance of any building permit,
the subdivider or owner of a lot may be required to pay or cause to
be paid certain fees for defraying the actual or estimated costs of
construction of any bridge or major thoroughfare pursuant to the
provisions and requirements of the Subdivision Map Act.
9.64.090 MAINTENANCE OF PRIVATE IMPROVEMENTS. Prior to the approval of any
final or parcel map, or prior to the issuance of any building permit,
the subdivider or owner of property to be subdivided which will
create private streets, common recreation and/or open space areas,
shall provide the City with adequate assurance of its continued
future maintenance pursuant to City policy.
9.64. 100 SUPPLEMENTAL IMPROVEMENTS REQUIRED. The subdivider may be required
to install improvements for the benefit of the subdivision which may
contain supplemental size, capacity, or number for the benefit of
property not within the subdivision, as a condition precedent to the
approval of a subdivision or parcel map, and thereafter to dedicate
such improvements to the public. However, the subdivider shall be
I reimbursed pursuant to the provisions of the Subdivision Map Act for
that portion of the cost of such improvements equal to the difference
between the amount it would have cost the subdivider to install such
improvements to serve the subdivision only and the actual cost of
such improvements.
9.64.101 SUPPLEMENTAL IMPROVEMENTS REIMBURSEMENT AGREEMENT - FUNDING PROCEDURES.
No charge, area of benefit or local benefit district shall be es-
tablished unless and until a public hearing in accordance with the
provisions of this Chapter is held thereon by the City Council and
the City Council finds that the fee or charge and the area of benefit
or local benefit district is reasonably related to the cost of such
supplemental improvements and the actual ultimate beneficiaries
thereof. In addition to any other notice required by law, written
notice of the hearing shall be given to the subdivider and to those
who own property within the proposed area of benefit as shown on the
latest equalized assessment role, and the potential users of the
supplemental improvements insofar as they can be ascertained at the
time. Such notices shall be mailed by the City Clerk at least ten
(10) days prior to the date established for hearing.
I
210
Ord. No. 1125
Page 15
9.64.200 SOILS REPORTS. For all divisions of land for which a soils report is
not otherwise required by the Subdivision Map Act, adequate tests may
be required by the Director of Community Development. The soils
reports, to be done by a civil engineer registered in this State, and
based upon adequate test borings may be required at the time of
submission for consideration of a tentative tract or parcel map, or I
may be postponed by the Director of Community Development, to be
submitted at the time of, and in connection with, the final map.
9.64.201 A preliminary soils report may be waived by the Director of Community
Development if he finds there is sufficient data available in the
City files concerning the soils qualities in the proposed area that
a preliminary soils report is unnecessary.
9.64.202 If the City of Palm Springs has knowledge of, or the preliminary
soils report indicates, the presence of soils problems which would
lead to structural defects, a soils investigation of each lot in the
subdivision may be required by the Advisory Agency. Such soils
investigation shall be done by a Civil Engineer registered in this
State, who shall recommend the corrective action which is likely to
prevent structural damage to each structure proposed to be constructed
in the area where such soils problem exists.
9.64.203 The Advisory Agency may approve the subdivision or portion thereof
where such soils problems exist if it determines that the recommended
action is likely to prevent structural damage to each structure to be
constructed, and a condition to the issuance of any building permit
may require that the approved recommended action be incorporated in
the construction of each structure.
9.64.300 SURVEY MONUMENTS. The subdivider shall conform to the Land Surveyors I
Act as to the setting of monuments or ties. For the purpose of this
Section the following shall be deemed as meeting the requirements of
Business & Professions Code Sections 8771 , 8771 .5, and 8772 (Land
Surveyors Act) :
9.64.301 All rear lot corners shall be marked by a one (1 ) inch iron pipe,
properly tagged, eighteen (18) inches long set six (6) inches below
ground level . All corners of lots fronting on streets shall be
marked by an offset lead and tag set in the permanent concrete curb.
Such offset shall be noted on the Subdivision Map.
9.64.302 All corners of subdivisions shall be marked by one (1 ) inch iron
pipes, properly tagged, thirty (30) inches long set six (6) inches
below the ground.
Ord. No. 1125
Page 16
9.64.303 All public street intersection centerlines and all beginnings and
endings of curves on streets shall be monumented by means of City of
Palm Springs standard monuments set in hand holes provided by the
subdivider. All other street intersection centerlines and beginnings
and endings, or points of intersection that fall within the pavement
of all curves, shall be monumented using Standard Riverside County
type "B" monuments set flush with street tied to lead and tag set in
permanent concrete curbs. Notes for these ties shall be provided to
the City on standard survey note paper, eight and one-half by eleven
(8 1/2 X 11 ) inches.
CHAPTER 9.65
IMPROVEMENT SECURITY
9.65.000 GENERAL PROVISION. Any improvement agreement, contract or act
required or authorized by the Subdivision Map Act or this Article
for which security is required by the City, shall be secured in the
manner provided for in the Subdivision Map Act.
9.65.040 SECURITIES TO BE FURNISHED AND AMOUNTS.
9.65.041 Faithful performance: a separate instrument in the amount of one
hundred (100%) percent of the estimated cost of construction and
incidental costs, to guarantee the faithful performance of the agree-
ment.
9.65.042 Labor and material : a separate instrument in the amount of fifty
I (50%) percent of the estimated cost of construction and incidental
costs, to guarantee the payment of laborers and materialmen.
9.65.043 Monumenting: a separate instrument in the amount of one hundred (100%)
percent of the total estimated cost of setting survey monuments,
securing payment to the engineer or surveyor for the performance of
the required act.
9.65.044 Maintenance: a separate instrument in the amount of fifteen (15%)
percent of the estimated cost of construction and incidental costs,
for the guarantee and warranty of the work for a period of one (1 )
year following the completion and acceptance thereof against any
defective work or labor done, or defective materials furnished.
9.65.060 SECURITIES OTHER THAN BONDS. If the improvement security is other
than a bond, or bonds furnished by duly authorized corporate surety,
an additional amount may be included that is not less than fifty
(50%) percent of the total estimated cost of the improvement or of
the act to be performed. This additional amount is to cover the cost
and reasonable expenses and fees, including reasonable attorneys
fees, which may be incurred by the City in successfully enforcing
the obligation secured.
9.65.070 SECURITY RELEASE. The improvement security required hereunder shall
Fe released in the following manner:
I
x,_
Ord. No. 1125
Page 17
9.65.071 Security given for faithful performance of an act or agreement shall
be released upon final completion and acceptance of the act or work.
9.65.072 Security given to secure payment to the contractor, his subcontractors
and to persons furnishing labor, materials or equipment, may six (6)
months after the completion and acceptance of the act or work, be I
reduced to an amount equal to one hundred twenty-five percent (125%)
of the aggregate amount of all claims therefor filed and of which
notice has been given to the City, plus an amount reasonably deter-
mined by the Director of Community Development to be required to
assure the performance of any other obligations secured thereby. The
balance of the security shall be released upon the settlement of all
such claims and obligations for which the security was given.
9.65.073 Security given to secure the payment of an engineer or surveyor for
setting survey monuments, shall be released upon receipt, by the
Director of Community Development, on written proof from the engineer
or surveyor that he has set the monuments and that he has been paid
for this work.
9.65.074 No security given for the guaranty or warranty of work shall be
released until the expiration of the period thereof and the completion
and acceptance of any repair, replacement or other work found to be
needed during such warranty period.
CHAPTER 9.66
REVERSIONS
9.66.040 REVERSIONS TO ACREAGE BY FINAL MAP. Subdivided property may be I
reverted to acreage pursuant to provisions of this Chapter and the
Subdivision Map Act.
9.66.050 INITIATION OF PROCEEDINGS BY OWNERS. Proceedings to revert sub-
divided property to acreage may be initiated by petition of all of
the owners of record of the property. The petition shall be in a form
prescribed by the Director of Community Development. The petition
shall contain the information required by this Chapter and such other
information as required by the Director.
9.66.060 INITIATION OF PROCEEDINGS BY CITY COUNCIL. The City Council at the
request of any person or on its own motion, may by resolution initiate
proceedings to revert property to acreage. The City Council shall
direct the Director of Community Development to obtain the necessary
information to initiate and conduct the proceedings.
9. 66.100 DATA FOR REVERSION TO ACREAGE. Petitioners shall file the following:
9.66.101 Evidence of title to the real property; and
9.66.102 Evidence of the consent of all of the owners of an interest(s) in the
property; or
I
Ord. No. 1125
Page 18
9.66.103 Evidence that none of the improvements required to be made have been
made within two (2) years from the date the final map or parcel map
was filed for record, or within the time allowed by agreement for
completion of the improvements, whichever is the later.
' 9.66.104 Evidence that no lots shown on the final or parcel map have been sold
within five (5) years from the date such final or parcel map was
filed for record.
9.66.105 A tentative map in the form prescribed by this Chapter; or
9.66.106 A final map in the form prescribed by this Chapter, which delineates
dedications which will not be vacated, and dedications required as a
condition to reversion.
9.66.200 FEES. Petitions to revert property to acreage shall be accompanied
by a fee determined by City Council resolution. If the proceedings
are initiated pursuant to this Chapter the person or persons who
requested the City Council to initiate the proceedings shall pay a
fee determined by City Council resolution. Fees are not refundable.
9.66.300 PROCEEDINGS BEFORE THE CITY COUNCIL. A public hearing shall be held
before the City Council on all petitions for initiations for reversions
to acreage. Notice of the public hearing shall be given as provided
in the Subdivision Map Act. The Director of Community Development
may give such other notice as is deemed necessary or advisable.
9.66.310 CITY COUNCIL APPROVAL. The City Council may approve a reversion to
acreage only if it finds and records in writing that:
I 9.66.311 Dedications or offers of dedication to be vacated or abandoned by the
reversion to acreage are unnecessary for present or prospective
public purposes; and
9.66.312 Either:
A. All owners of an interest in the real property within the
subdivision have consented to reversion; or
B. None of the improvements required to be made have been made
within two (2) years from the date the final or parcel map was
filed for record, or within the time allowed by agreement for
completion of the improvements, whichever is later.
9.66.313 The City Council may require as conditions of the reversion that:
A. The owners dedicate or offer to dedicate streets or easements.
B. The retention of all or a portion of previously paid subdivision
fees, deposits, or improvement securities, if the same are
necessary to accomplish any of the provisions of this Chapter.
I
21
Ord. No. 1125
Page 19
9.66.400 RETURN DE
OF FEESiPOSITS & RELEASE OF SECURITIES. Except as other-
wise provided n this Article, upon filing of the final map for
reversion of acreage with the County Recorder, all fees and deposits
shall be returned to the subdivider and all improvement securities
shall be released by the City.
9.66.500 DELIVERY OF FINAL MAP. After the hearing before the City Council and I
approval of the reversion, the final map shall be delivered to the
County Recorder.
9. 66.501 EFFECT OF FILING REVERSION MAP WITH TH� COUNTY RECORDER. Reversion
shall be effective upon the final map being filed for record by the
County Recorder. Upon filing, all dedications and offers of dedi-
cation not shown on the final map for reversion shall be of no
further force and effect.
9.66.600 EXCLUSIONS FROM REVERSIONS. The provisions for exclusions shall be
as stated in the Subdivision Map Act.
CHAPTER 9.67
ENFORCEMENT AND JUDICIAL REVIEW
9. 67.000 ENFORCEMENT.
A. VIOLATION - 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 orders or regulation made hereunder, 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 I
any subsequent violation of the same provision of this Ordinance.
B. CONTINUING VIOLATION - 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 following the issuance of a citation for such violation.
C. PENALTIES. Any person, firm, or corporation found guilty of an
infracion shall be subject to a fine. 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.
9.67.400 REMEDIES. The provisions for remedies, shall be as stated in the
Su— bb ivision Map Act.
9.67.500 JUDICIAL REVIEW. The provisions for judicial review shall be as
stated id n the Subdivision Map Act.
I
Ord. No. 1125
Page 20
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 7th day of January 1981.
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALI ORNIA
By�
Deputy City ClerkMayor
REVIEWED & APPROVED: l:C /
I HEREBY CERTIFY that the foregoing Ordinance 1125 was duly adopted by City
Council of the City of Palm Springs, California, in a meeting thereof held on
the 7th day of January, 1981, and that a summary of same was published in
TIE DESERT SUN, a newspaper of general circulation, on January 16, 1981. and
on December 29, 1980.
NORMAN R. KING
I City Clerk
�
Elf: JUDITH SUMICH
Deputy City Clerk
WP 69091-113
216
ORDINANCE NO. 1126
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 12.20.020 OF
THE PALM SPRINGS MUNICIPAL CODE RELATING
TO ESTABLISHMENT OF CERTAIN SPEED LIMIT '
ZONES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALFIORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Section 12.20.020 of the Palm Springs Municipal Code is hereby
amended to read as follows:
12.20.020 Decrease of State Law Maximum Speed. It is hereby deter-
mined upon the basis of engineering and traffic investigations that the
speed permitted by State Law outside of business and residence districts
as applicable upon the following streets is greater than is reasonable or
safe under the conditions found to exist upon such streets, and it is
hereby declared that the prima facie speed limit shall be as herein set
forth on those streets or portions of streets herein designated, when
signs are erected giving notice thereof:
DECLARED PRIMA FACIE
SPEED LIMIT
NAME OF STREET PORTION AFFECTED (MILES PER HOUR)
(1 ) Alejo Road Vine Street to Airport 35 '
(2) Amado Road Calle Encilia to Avenida Caballeros 40
Avenida Caballeros to Sunrise Way 45
(3) Araby Drive Rte. III to stagecoach Road 35
(4) Avenida Caballeros Ramon Road to Francis Drive 35
(5) Baristo Road S. Tahquitz Drive to S. Palm Canyon Dr. 30
S. Palm Canyon Dr. to Indian Avenue 25
Avenida Caballeros to Sunrise Way 40
Sunrise Way to Farrell Drive 35
(6) Barona Road Rte. III to Palm Canyon Wash 35
(7) Bogie Road Vista Chino to Ramon Road 50
(8) Calle Encilia Alejo Road to Arenas Road 25
Arenas Road to Ramon Road 35
(9) Calle Palo Fierro Avenida Granada to Rte. 111 25
(10) Camino Real Rte. III to Laverne Way 35
(11 ) Civic Drive Alejo Road to Tahquitz-McCallum Way 25
(12) Crossley Road Ramon Road to 34th Avenue 45
3 c 1
3 c 2
Ord. No. 1126
Page 2
DECLARED PRIMA FACIE
SPEED LIMIT
NAME OF STREET PORTION AFFECTED (MILES PER HOUR)
(13) El Cielo Road Escoba Road to Tahquitz-McCallum Way 40
(14) El Segundo Alejo Road to Ramon Road 35
(15) Escoba Road Rte. III to E1 Cielo Road 40
(16) Farrell Drive Rte. III to Mesquite Avenue 35
Mesquite Avenue to Racquet Club Road 40
(17) Golf Club Drive 34th Avenue to Rte. 111 35
(18) Indian Avenue Camino Parocela to Alejo Road 30
Alejo Road to Vista Chino 35
Vista Chino to Racquet Club Road 40
Racquet Club Road to San Rafael Road 45
San Rafael Road to North City Limits 50
(19) La Verne Way S. Palm Canyon Drive to Camino Real 40
I Camino Real to Sunrise Way 35
(20) Mesquite Avenue Belardo Road to S. Palm Canyon Drive 30
S. Palm Canyon Drive to Bogie Road 35
(21 ) Murray Canyon Drive S. Palm Canyon Drive to Toledo Avenue 40
(22) Palm Canyon Drive South Rte. III to Bogert Trail 40
(23) Paseo E1 Mirador Indian Avenue to Sunrise Way 25
(24) Racquet Club Road Rte. III to Farrell Drive 40
(25) Ramon Road La Mirada Road to Indian Avenue 30
Indian Avenue to El Cielo Road 40
El Cielo Road to Crossley Road 45
(26) Sunny Dunes Road Belardo Road to Sunrise Way 35
(27) Sunrise Way Rte. III to North City Limit 40
(28) Tachevah Drive N. Palm Canyon Drive to Indian Avenue 25
Indian Avenue to Sunrise Way 35
(29) Tahquitz-McCallum Way N. Palm Canyon Drive to E1 Segundo 25
E1 Segundo to 600 ft. west of Avenida
Caballeros 35
600 ft. west of Avenida Caballeros to
Sunrise Way 45
Ord. No. 1126
Page 3
DECLARED PRIMA FACIE
SPEED LIMIT
NAME OF STREET PORTION AFFECTED (MILES PER HOUR)
(30) Tamarisk Road N. Palm Canyon Drive to Via Miraleste 25 I
Via Miraleste to Sunrise Way 35
(31 ) Toledo Avenue Murray Canyon Drive to La Verne Way 40
(32) Vista Chino Indian Avenue to Via Miraleste 35
Via Miraleste to Sunrise Way 40
Sunrise Way to East City Limits 45
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this Ordinance, and to cause the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 7th day of January 1981.
AYES: Councilmembers Beirich, Ortner, Rose and Mayor Doyle.
NOES: Councilmember Field
ABSENT: None
ATTEST: ` CITY PALM SPRINGS, C LIFORNIA
gy
( Deputy City Clerk Mayolu
REVIEWED & APPROVED:
I HEREBY CERTIFY that the 'Foregoing Ordinance 1126 was duly adopted by City
Council of the City of Palm Springs, California, in a meeting thereof held on
the 7th day of January, 1981, and that a summary of same was published in THE
DESERT SUN, a newspaper of general circulation, on January 16, 1981. and on
December 29, 1980.
NORMAN :R. RING
City Clerk
EY:UDITH SUMICH
Deputy city Clerk
3 c 3
WP 5179-80
ORDINANCE NO. 1127
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 8.04 OF THE
PALM SPRINGS MUNICIPAL CODE BY AMENDING
REFERENCE TO THE UNIFORM BUILDING CODE,
THE UNIFORM BUILDING CODE STANDARDS, UNIFORM
MECHANICAL CODE, UNIFORM PLUMBING CODE,
UNIFORM HOUSING CODE, UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM
SOLAR ENERGY CODE, UNIFORM SWIMMING POOL
CODE, TO REFLECT THE CURRENT 1979 EDITION,
AND NATIONAL ELECTRICAL CODE, 1978 EDITION.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1 . Chapter 8.04 of the Palm Springs Municipal Code is hereby amended
to read as follows:
8.04.010 Incorporation by reference. The following Ordinances
of the City relating to adoption of a building code hereby are incorpo-
rated herein by this reference and shall continue in effect until here-
after superseded, amended or repealed by proper authority:
Ordinance No. 1087 Date Passed: 3/7/79
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING THE 1978 NATIONAL
ELECTRICAL CODE, 1978 EDITION, AND ALL
APPENDICES, TABLES, AND INDICES FOLLOWING.
Ordinance No. 1129 Date Passed: 1/7/81
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING AND AMENDING THE UNIFORM
BUILDING CODE, THE UNIFORM BUILDING CODE
STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM
PLUMBING CODE, UNIFORM HOUSING CODE, UNIFORM
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,
UNIFORM SOLAR ENERGY CODE, AND UNIFORM SWIM-
MING POOL CODE, ALL BEING THE 1979 EDITIONS.
8.04.020 Citation of Building Code. This Chapter, the Uniform
Building Code, 1979 Edition, the Uniform Building Code Standards, 1979
Edition, the Uniform Mechanical Code, 1979 Editions, the Uniform Plumbing
Code, 1979 Edition, the Uniform Housing Code, 1979 Edition, the Uniform
Code for the Abatement of Dangerous Buildings Code, 1979 Edition, the
Uniform Solar Code, 1979 Edition, the Uniform Swimming Pool Code, 1979
Edition, and the National Electrical Code, 1978 Edition, said Ordinance
Nos. 1087 and 1129 and all amendments thereto, may be collectively
Ireferred to and cited as the "Palm Springs Building Code. "
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect
I thirty (30) days after passage.
3 d 1
WP 3991
3 d 2
Ord. No. 1127
Page 2
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 7th day of January 1981.
AYES: Councilmembers Beirich, 'Ortrier, Rose, and Mayor Doyle
NOES: Councilmember Field
ABSENT: None
ATTEST: CITY PALM SPRINGS, CtLIFORNIA
By
GDeputy City Clerk Mayo
REVIEWED & APPROVED: '
I HEREBY CERTIFY that the foregoing Ordinance L127 was duly adopted by City
Council of the City of Palm Springs, California, in a meeting thereof held
on the 7th day of January, 1981, and that same was published in THE DESERT
SUN, a newspaper of general circulation, on January 16, 1981.
NORMAN R. KING
City Clerk
L
BY; JUDITH SUMICH
L, Deputy City Clerk
ORDINANCE NO. 1128
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING TITLE 11 OF THE PALM
SPRINGS MUNICIPAL CODE BY AMENDING CHAPTER
I 11 .02 TO REFER TO THE 1979 EDITION OF THE
UNIFORM FIRE CODE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Chapter 11 .02 of the Palm Springs Municipal Code is hereby amended
to read as follows:
11 .02.010 Incorporation by reference. The following ordinance of
the City Council relating to adoption of a fire code hereby is incorpo-
rated by this reference and shall continue in effect until hereafter
superseded, amended or repealed by proper authority:
Ordinance No. 1128 Date Passed: 1/7/81
An Ordinance of the City of Palm Springs, California, adopting the
Uniform Fire Code, 1979 Edition.
11 .02.020 Citation of The Fire Code. This Chapter, the Uniform
Fire Code, 1979 Edition, said Ordinance No. 1128 and all amendments
thereto, may be collectively referred to and cited as the Palm Springs
I Fire Code.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this Ordinance, and to cause the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 7th day of January 1981.
AYES: Councilmembers Beirich, Ortner, Rose and Mayor Doyle
NOES: Councilmember Field
ABSENT: None
ATTEST CITY PALM SPPRRI'NGS, CALIFORNIA
By '_ '1
i Deputy City Clerk Mayor
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foreg ng Ordinance 1128 was duly adopted by City Council
of the City of Palm Springs, California, in a meeting thereof held on the 7th day
of January, 1981, and that same was published in THE DESERT SUN, a newspaper of
general circulation, on January 16, 1981.
NORMAN R. RING
City Clerk
/BY: JUDITH SUMICH
Deputy City Clerk
3 d 3
WP 3990
�}r
3 d 4
ORDINANCE NO. 1129
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING AND AMENDING THE UNIFORM
BUILDING CODE, THE UNIFORM BUILDING CODE
STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM '
PLUMBING CODE, UNIFORM HOUSING CODE, UNIFORM
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,
UNIFORM SOLAR ENERGY CODE, AND UNIFORM
SWIMMING POOL CODE, ALL BEING THE 1979 EDITIONS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Those certain documents, three (3) copies of each, which are on
file in the office of the City Clerk of the City of Palm Springs, California,
being marked and designated as Uniform Building Code, 1979 Edition" and all
appendices, tables and indices thereto, and "Uniform Building Code Standards,
1979 Edition, except as hereinafter modified, are hereby adopted as the
Building Code of the City of Palm Springs by reference, pursuant to the pro-
visions of Section 50022.1 et seq. of the California Government Code.
SECTION 2. The Uniform Building Code adopted herein by reference is hereby
amended by the following additions, deletions and amendments:
Amend Subsection 301 (a)-Permits Required. No person, firm, or corpo-
ration shall erect, construct, enlarge, alter, repair, move, improve,
remove, convert, or demolish any wall , fence, building or structure in
the City, or cause the same to be done, without first obtaining a separate
building permit for each such wall , fence, building or structure from the
Building Official . Replacement of more than 25 percent of the roof
covering of any existing building or structure or the application of any
additional layer of roofing or foamed plastic shall likewise require a
permit.
Delete Subsection 301 (b) Exempted Work.
Amend Subsection 303(d) Expiration. By substituting "120 days" for "180
days" where noted in this Subsection.
Amend item 7. of Subsection 2518(h) .
7. Roof Sheathing. Roof sheathing shall be in accordance with Table
No. 25-Q for lumber of No. 25-R for plywood except that the minimum
thickness for plywood shall be 1/2 inch and all edges shall be
blocked where spans exceed 16 inches . The minimum plywood thickness
for spans greater than 16 inches without edge blocking or reinforce-
ment shall be 5/8 inch.
Joints in lumber sheathing shall occur over support unless approved
end matched lumber is used in which case each piece shall bear on at rr
least two supports.
Plywood used for roof sheathing shall be bonded by intermediate or
exterior glue.
Add Section 3202(c) Roof Coloration. Residential occupancies, having
roo
fs ofs with a color darker than No. 7 on the Munsell Color
Chart (Munsell Value is the daylight reflectance of a specimen expressed
on a scale of 0 to 10. ) shall decrease the maximum allowable "U" value
for ceiling insulation by 20%.
17)�
Ord. No. 1129
Page 2
Amend Section 3203(b) Definitions . . . . . .WOOD SHAKES are tapered or non-
tapered pieces of Western red cedar or redwood of random widths ranging
from four inches to fourteen inches and have been permanently treated
with approved fire retardants, and of the following four types:
1 . Hand-split and resawn; tapered with one sawed and one split
face; semi-split; tapered with partially sawn and split faces
both sides, fifteen inches, eighteen inches or twenty-four
inches in length.
2. Taper-split; tapered with both split faces, twenty-four inches
in length.
3. Street-split; non-tapered with both split faces, either eight-
teen inches, or twenty-four inches in length.
4. Taper-sawn; sawn both sides; edges sawn or split. Length
twenty-four inches and longer.
WOOD SHINGLES are tapered pieces of Western red cedar or red-
wood, sawed both sides, of random width ranging from three
inches to fourteen inches and in length of sixteen inches,
eighteen inches or twenty-four inches, and have been permanently
treated with approved fire retardants.
Add Exception 6. to Subsection 3203( ) Slope of Roof.
6. Roofing on slopes less than 1/2 inch in 12 inches shall be installed
I with a minimum of four plies of type 15 or heavier felt. Base sheet
to be nailed or sprinkle mopped (sprinkle mopping shall be limited
to 3500 sq. ft. or less. ) . Solid mopping between the plies and
surface flood coat shall be provided as required in this Code for
mineral aggregate surfaced built-up roofs.
Amend Section 3207-Roof Drainage.
(a) Roofs with design slopes less than 1/4 inch in 12 inches shall be
provided with roof drains not less than two inches in diameter at a
minimum spacing of one (1 ) such drain at the low point of each 300
sq. ft. increment of roof area.
(b) Where roof drains are required, independent overflow drains having
the same size and spacing shall be installed with the inlet flow
line located two inches above the low point of the roof, unless
overflow scuppers or roof edge provides alternate relief of overflow
at the same or lower level .
Amend Section 3802(b)8. In every building hereafter constructed of Group
A, B, E and R occupancies where the gross floor area exceeds 10,000 sq.
ft. or the fire flow requirements exceed 2,000 gallons per minute or
buildings four or more stories in height or any building regardless of
size which is built beyond a five minute Fire Department emergency
response time as defined from time to time by resolution of the City
Council .
NOTES: 1 . For purposes of this Code Section regarding building size,
a building is considered separated if an approved four
hour fire resistive wall is installed or a physical
separation of fifteen feet or more exists between buildings.
3 d 5
224
3 d 6
Ord. No. 1129
Page 3
2. Fire flow requirement refers to the Insurance Services
Office "Guide for Determination of Fire Flow."
3. In all Group R-3 occupancies,, the NFPA 13-D 1980 Standard
shall apply as minimum installation requirements. '
4. In all Group R-1 occupancies except hotels, the locally
modified standard for installation of sprinkler systems in
residential occupancies may be used in conjunction with
one hour fire resistant construction to the roof line at
party walls.
In-lieu of the NFPA 13d 1980 Standard, the City of Palm Springs hereby
adopts as its locally modified standard, the "Standard for the Installation
of Sprinkler Systems in Residential Occupancies" as the same was proposed
in that certain document entitled "Technical Committee Reports," and,
except for submitted No. 8 on page 292, as amended at pages 292-297
inclusive of that certain document entitled "Technical Committee Documen-
tation," both of which documents were compiled for consideration at the
NFPA Fall meeting, November 17-20, 1980, San Diego, California, three
copies of which documents are available for public inspection at the
office of the City Clerk of the City of Palm Springs.
Nothing in this locally modified standard shall be deemed to supercede
any more stringent sprinkler standards based on allowable area, as defined
in Chapter 5.
Exception: Group R-3 occupancies in Tracts 2082, 2928, 3600 and 8137 are
exempt from the five minute response time fire sprinkler equipment.
Amend Section 3802(b)9. In Group A, dining and drinking establishments
having a total gross floor area of 4,000 sq. ft. or more or Group A
public assemblies with an occupant load of 100 or more above the first
story of the building.
Amend Subsection 3803(b) Where Required. Occupancies three stories or
more shall be required to have a Class II system. Occupancies four
stories or more shall be required to have a Class I and II (or III)
system. In addition to the above, standpipe systems shall be as set forth
in Table No. 38-A.
Amend Subsection 3804(b) Construction Standpipe Requirements. Every
building, three stories or more in height, shall be provided with not
less than one standpipe for fire department use during construction.
Such standpipes shall be installed when the progress of construction is
not more than 10 feet in height above grade. Such standpipe shall be
provided with fire department inlet connections as accessible locations
adjacent to usable stairs, but in no case shall the distance from curb
line to fire department connection exceed fDrty feet (40' ) . Such stand-
pipe systems shall be extended as construction progresses to the highest
point of construction having a secured decking or flooring.
Add the following exception at the end of Subsection 4706(e) .
EXCEPTION: Weep screeds may be eliminated where the exterior plaster
is carried all the way to grade on wall systems where the
foundation plate is affixed flush to the edge of an on-
grade concrete floor slab and the lath and paper extends
at least two inches below the plate line.
Amend Subsection 4708(a) General . Plastering with Portland Cement plaster
shall not be less than three coats when applied over metal lath or wire
fabric lath and shall be not less than two coats when applied over masonry,
concrete, or gypsum backing as specified in Section 4706(c) , except that
the third coat may be omitted providing that the total plaster thickness
is not less than seven-eighths (7/8") inches.
//A 1
Ord. No. 1129
Page 4
Only approved plasticity agents and approved amounts thereof may be added
to Portland Cement. When plastic cement is used, no additional lime or
plasticizers shall be added. Hydrated lime or the equivalent amount of
lime putty used as plasticizer, may be added to Portland Cement plaster
in an amount not to exceed that set forth in Table No. 47-F.
Amend Appendix Chapter 53. Energy Conservation in New Residential Con-
struction.
Section 5301 Purpose: The purpose of this Chapter is to regulate the
design and construction of exterior residential envelopes for the purpose
of effective conservation of energy.
Section 5302(a) Wall Insulation (Options apply) : Where any of the following
numbered options are found to apply, the design of the opaque surfaces of
the structure exposed to ambient conditions shall have a maximum U value
of .08 where the effects of framing members are not considered, or .095
where the effects of all elements of the wall construction are considered.
Excepted walls with construction weight of 26 through 40 pounds per
square foot may reduce the maximum U value to .12 and walls with a con-
struction weight greater than 40 pounds per square foot may reduce the
maximum U value to .16.
1 . Option applies to any wall oriented to face with 45 degrees of
true north.
2. Option applies to any wall facing an unconditioned space that
is roofed (such as a garage or carport) .
3. Option applies to any wall that is provided with a permanent
l overhang that produces shade and extends a horizontal distance
1 equal to at least 40% of the vertical height of the wall
elevation.
Section 5302(b) Wall Insulation (Option does not apply) : Insulation
standards for walls not qualifying for one of the three options found in
Section 5302(a) shall meet the following requirements:
When the effects of framing members such as studs are not considered,
the design of the opaque surfaces of the structure exposed to ambient
conditions shall provide a maximum U value of .05 for all buildings.
When the effects of all elements of the wall construction, including
studs; are considered or when all of the thermal insulation is in-
stalled so that it is not penetrated by framing members, the U value
shall not exceed .06 for all buildings. When the effects of all
elements of the wall are considered, the U value shall not exceed
.14 for walls with a construction weight of 26 through 40 pounds per
square foot or a U value not exceeding .18 for walls with a con-
struction weight greater than 40 pounds per square foot.
Delete Items Numbered 1 , 8, and 9, from Section 7003
Add Subparagraph 6. to Subsection 7006(d) Concerning Information on Plans
and in Specif7cations .
6. An effective means of dust control which shall include provisions
for adequate watering during the grading process and provision for
continuance of dust control after the grading, until such time that
the graded surface presents sufficient protective cover against wind
or water erosion so that special dust control measures are no 3 d 7
longer necessary.
226
Ord. No. 1129
Page 5
Amend Subsection 7014(b) Grading Designation. All grading in excess of
2,000 cu. yds. shall be performed in accordance with the approved grading
plan prepared by a Civil Engineer, and shall be designated as "engineered
grading. " Grading involving less than 2,000 cu. yds. shall be desig-
nated "regular grading" unless the permittee, with the approval of the
Building Official , chooses to have the grading performed as "engineered
grading. "
EXCEPTION: Grading in excess of 2,000 cu. yds. which is primarily of
a landscaping and "fine grading" nature, where no flood
hazard is present, may be termed "regular grading" at the
discretion of the Building Official .
Delete Appendix Chapters 32 53, 38, 48, and 51 .
SECTION 3. That certain document, three (3) copies of which are on file in
the office of the City Clerk of the City of Palm Springs, California, being
marked and designated as "Uniform Mechanical Code, 1979 Edition" , and all
appendices, tables and indices thereto, except as hereinafter modified, is
hereby adopted as the Uniform Mechanical Code of the City of Palm Springs, by
reference, pursuant to the provisions of Section 50022.1 et seq. of the Cali-
fornia Government Code.
SECTION 4. The Uniform Mechanical Code adopted herein by reference is hereby
amended by the following additions and amendments :
Add Section 1105 Air Pollution Control Devices. Every exhaust venti-
lation system serving commercial food heat-processing equipment shall be I
equipped and maintained with a suitable device or devices which will at
all times prevent discharge into the atmosphere outside of the building,
of pollutants, contaminants, emissions, cooking odors or other fumes, in
such quantity as to cause annoyance, detriment, nuisance or damage to any
person or persons. No Certificate of Occupancy shall be issued, or final
approval granted for an installation or modification of an exhaust venti-
lation system as aforesaid, until and unless the applicant therefor has
satisfied the Building Official , by test or other means, that this Section
has been and will continue to be complied with. Every such certificate
or final approval shall be deemed to be conditioned upon continued com-
pliance with this Section at all times in the future. Any violation or
noncompliance of or with this Section shall constitute grounds for sus-
pension or revocation, after a hearing in compliance with the require-
ments of due process, of the Certificate of Occupancy of any building,
subject to the above requirements.
Add Section 1305 Waste Water. Evaporative coolers shall be equipped with
water recirculation devices adjusted to prevent waste water overflow.
Add Section 1521 Condensate Water. Condensate water shall be conducted
to an approved place of ground absorption and shall not be permitted to
discharge onto a roof, structure, road, walkway, traversable area of the
grounds, or into the sewer.
SECTION 5. That certain document, three (3) copies of which are on file in I
the office of the City Clerk of the City of Palm Springs, California, being
marked and designated as "Uniform Plumbing Code, 1979 Edition" and all ap-
pendices, tables and indices thereto, with the exception of Appendix G, and
except as hereinafter modified, is hereby adopted as the Uniform Plumbing Code
of the City of Palm Springs, by reference, pursuant to the provisions of
Section 50022. 1 et seq. of the California Government Code.
22';/'
Ord. No. 1129
Page 6
SECTION 6. The Uniform Plumbing Code adopted herein by reference is hereby
amended by the following additions, deletions and amendments :
Amend Exception #1 to Section 401 (a) Materials. ABS or PVC installations
sha11 be limited to no more than two stories without a full story section
of metal pipe to stabilize expansion and contraction and shall not pene-
trate required fire walls.
Amend Table 4-1 to add:
Residential Garbage Disposal 6 Fixture Units
Commercial Garbage Disposal 12 Fixture Units
Add Subsection 403(c) Kitchen Drains. Where the drainage piping that
serves a kitchen sink is placed beneath a cement floor, the minimum size
for the sink drainage piping beneath the slab shall be 3"
Add Subsection 406(j) Sanitary Plumbing. Where cement slab floors are
used and sanitary plumbing is placed beneath such floors, the clean-out
for the sanitary plumbing shall be extended through an outside wall or
foundation, if the sanitary plumbing terminates within six (6) feet of an
outside wall .
Amend Exception 12 to Section 503(a) Materials. ABS or PVC installations
shall be limited to no more than two stories without a full story section
of metal pipe to stabilize expansion and contraction and shall not pene-
trate required fire walls.
I Amend Section 1101 Sewer Required.
(a) Every building in which plumbing fixtures are installed and all
premises having drainage piping thereto, whether new construction or
existing, shall be subject to the Sewer Connection Requirements as
set forth in Chapter 15.14 of the Palm Springs Municipal Code.
(b) Where any existing private sewage system has failed by reason of
requiring pumping or by reason of structural failure, and where the
City sewer exists within one hundred feet (100' ) of the premises,
then the subject premises shall be connected to the City sewer
within thirty (30) days following notice given by the Administrative
Authority to connect.
(c) No permit shall be issued for additions to, or repair of, any
existing private sewage disposal systems or parts thereof, on any
property where the City sewer is available for connection within
one hundred feet (100' ) of the premises.
(d) On every lot or premises hereafter connected to the City sewer, all
Plumbing and drainage systems or parts thereof on such lot or premises
shall be connected to the sewer.
Delete Appendix "G" - "Swimming Pools" in its entirety.
SECTION 7. That certain document, three (3) copies of which are on file in
the office of the City Clerk of the City of Palm Springs , California, being
marked and designated as "Uniform Housing Code, 1979 Edition" and all indices
thereto is hereby adopted as the Uniform Housing Code of the City of Palm
Springs, by reference, pursuant to the provisions of Section 50022.1 et seq.
of the California Government Code.
r2h
Ord. No. 1129
Page 7
SECTION 8. That certain document, three (3) copies of which are on file in
the office of the City Clerk of the City of Palm Springs, California, being
marked and designated as "Uniform Code for the Abatement of Dangerous Buildings,
1979 Edition" and all indices thereto is hereby adopted as the Uniform Code
for the Abatement of Dangerous Buildings in the City of Palm Springs, by
reference, pursuant to the provisions of Section 50022.1 et seq. of the Cali-
fornia Government Code.
SECTION 9. That certain document, three (3) copies of which are on file in
the office of the City Clerk of the City of Palm Springs, California, being
marked and designated as "Uniform Solar Energy Code, 1979 Edition" , and all
indices thereto is hereby adopted as the Uniform Solar Energy Code of the City
of Palm Springs, by reference, pursuant to the provisions of Section 50022.1
et seq. of the California Government Code.
SECTION 10. That certain document, three (3) copies of which are on file in
the office of the City Clerk of the City of Palm Springs , California, being
marked and designated as "Uniform Swimming Pool Code 1979 Edition" and all
appendices, tables and indices thereto, except as hereinafter modified, is
hereby adopted as the Uniform Swimming Pool Code of the City of Palm Springs
by reference, pursuant to the provisions of Section 50022.1 et seq. of Cali-
fornia Government Code.
SECTION 11 . The Uniform Swimming Pool Code adopted herein by reference is
hereby amended by the following additions, deletions, and amendments :
Amend Section 1 .11 Cost of Permit. Every applicant for a permit to
install , alter or repair a swimming pool system or part thereof, shall I
state in writing on the application form provided for that purpose, the
character of work proposed to be done and the amount and kind in con-
nection therewith, together with such information pertinent thereto as
may be required. Such applicant shall pay, for each permit at the time
of making application, a fee in accordance with the City of Palm Springs
Comprehensive Fee Schedule.
Add Section 301 (c) General . No private pool shall have its water peri-
meter closer than five 57 feet from any property or building line. No
public pool shall have its water perimeter closer than five (5) feet from
any property line nor ten (10) feet from any building line.
Amend Section 310(b) Piping Materials. All plastic piping must be in-
stalled to the manufacturer's specifications. Plastic piping shall not
be installed in above ground locations.
Amend Section 311 Waste Water Disposal . Waste water shall be discharged
into a dry well , approved separation tank or approved cartridge filter
system. Such dry well shall have a capacity of at least ten (10) times
the pump backwash capacity in gallons per minute per unit with a minimum
capacity of 1 ,000 gallons. No waste water other than that from a swim-
ming pool shall discharge into such dry well .
In the event the emptying of a pool is required, such waters may be
discharged into the public right-of-way. No water is to be discharged I
into the City sewage system. All such drainage operations require a
permit prior to pumping.
Ord. No. 1129
Page 8
Amend Section 316 Equipment Foundations Locations and Enclosures. All
mechanical equipment shall be set on a concrete base or slab capable of
supporting all of the equipment placed upon it. The mechanical equipment
shall either be housed underground; within a structure; or screened from
view, above ground, out of the required setback areas. Screening shall
consist of an approved substantial fencing material and shall totally
obscure the equipment from adjacent properties. All heating and electrical
equipment, unless approved for outdoor installation, shall be adequately
protected against the weather or installed within a building. All enclosed
equipment rooms shall be adequately ventilated.
SECTION 12. The prior "Uniform Building Code, 1976 Edition", "Uniform Building
Code Standards, 1976 Edition", "Uniform Housing Code, 1976 Edition", "Uniform
Cade for the Abatement of Dangerous Buildings, 1976 Edition" , "Uniform Mechanical
Code, 1976 Edition", and the prior "Uniform Plumbing Code, 1976 Edition" are
each and all hereby repealed. Also, any other ordinaces or parts of ordinances
in conflict with the herein ordinance are hereby repealed with the exception
of Chapter 8.04 of the Palm Springs Municipal Code.
SECTION 13. VALIDITY. If any section, subsection, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be
invalid, such a decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Palm Springs hereby declares
that it would have passed this Ordinance and each section or subsection,
sentence, clause and phrase thereof, irrespective of the clauses or phrases being
declared invalid.
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 the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
The foregoing Ordinance was introduced after reading of the title and of the
titles of the Codes adopted thereby, before the City Council of the City of
Palm Springs, California, at the regular meeting of the City Council held on
December 17, 1980 , and thereafter, following the public hearing pursuant
to California Government Code Section 50022.3, the foregoing Ordinance was
finally adopted at a regular meeting of said City Council held on January
7, 1981 by the following vote, to wit:
ADOPTED this 7th day of January 1981 .
AYES: Councilmembers Beirich, Ortner, Rose and Mayor Doyle
NOES: Councilmember Field
ABSENT: None
ATTEST: ^� CITY 0 PALM SPRINGS, CALIFORNIA
By
l_
Deputy City Clerk Mayor
REVIEWED & APPROVED: C
I HEREBY CERTIFY that the fore ing Ordinance 1129 was duly adopted by City Council
of the City of Palm Springs, Ca ifornia, in a meeting thereof held on the 7th day
of January, 1981, and that a summary of same was published in THE DESERT SUN, a
newspaper of general circulation, on January 16, 1981. and on December 29, 1980.
NORMAN R. KING
,C\ity Clerk
BY: JUDITH SUMICI4
Deputy City Clerk
3 d 12
ORDINANCE NO. 1130
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING AND AMENDING THE 1979 'EDITION OF THE UNIFORM
FIRE CODE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Those certain documents , three (3) copies of each, which are on
file in the office of the City Clerk of the City of Palm Springs, California,
being marked and designated as "Uniform Fire Code, 1979 Edition" and all
appendices , tables and indices thereto, except as hereinafter modified, are
hereby adopted as the Fire Code of the City of Palm Springs by reference,
pursuant to the provisions of Section 50022.1 et. seq. of the California
Government Code.
SECTION 2. The Uniform Fire Code adopted herein by reference is hereby
amended by the following additions, deletions and amendments:
Add Subsection 9.107 Extension Cords. Shall mean rubber or plastic
insulated electrical conductors which are flexible and have connectors
on both ends, usually a male plug and female socket.
Add Subsection 9.108 Flexible Cords . Shall mean rubber or plastic
insulated flexible electrical conductors installed by the manufacturer
on an appliance or fixture. Cord is designed to plug into 110 volt.
Add Subjection 10.207(f) Fire Lanes on Private Property, Devoted to
Public Use. In all locations where access for fire suppression or
rescue purposes is unduly difficult or subject to obstruction the
Fire Chief may designate fire lanes and cause them to be posted as
such. No vehicle or apparatus shall obstruct such fire lanes in any
manner that would deter or hinder the Fire Department from gaining
immediate access and use of such designated fire lane.
Add Subsection 10.207(g) Security Device Obstructions Across Private
Roadways. Installation of security devices across private roadways
and public access areas of buildings must be approved by the Fire
Department prior to installation. Approved devices must meet the
following criteria:
1 . An attendant must be on 24 hour continuous duty to allow passage
of emergency apparatus.
2. In lieu of an attendant, an approved key operated lock box, switch
or padlock must be installed in a readily accessible location
which is properly marked with an approved "alert decal" .
Amend Subsection 10.307(a) Fire Alarms. Every apartment house three
stories or more in height, or containing more than 15 apartments, and
every hotel three or more stories in height or containing 20 or more
guest rooms shall have installed therein an automatic or manually
operated fire alarm system. Such fire alarm system shall be so
designated that all occupants of the building may be warned simultan-
eously.
Ord. No. 1130
Page 2
Add Section 10.307(e) Upon Sale of any single family dwelling, the seller
shall have installed therein, permanently wired or battery powered approved
detectors of products of combustion other than heat only, commonly known
as smoke detectors. The smoke detectors shall be equipped with an audible
warning notification when batteries are weak or have ceased to operate.
It shall also be equipped with a manual test button to check battery
operation and shall meet the standards of Underwriters Laboratory (U.L. )
217 test and shall be installed according to N.F.P.A. Pamphlet #74 "Household
Fire Warning Equipment". The seller must submit certification to Fire
Department of installation prior to close of sale of property.
(f) All existing apartment buildings which are hereafter converted to
condominiums shall have approved smoke detection systems installed
as follows:
1 . Buildings with less than 10,000 square feet of gross floor area
shall have approved smoke detectors protecting all sleeping
areas as required in Section 10.307(e) .
2. Buildings with more than 10,000 square feet of gross floor area
shall have an approved, supervised combination heat and smoke
detection system approved by the Chief.
Amend Subsection 10.309(b) Automatic Sprinkler Systems. In every building
hereafter constructed of Group A, B, E and R occupancies where the gross
floor area exceeds 10,000 square feet or the fire flow requirements
exceed 2,000 gallons per minute or buildings four or more stories in
height or any building regardless of size which is built beyond a five
minute Fire Department emergency response time defined from time to
time by resolution of the City Council .
I NOTES: 1 . For purposes of this code section regarding building size,
a building is considered separated if an approved four
hour fire resistive wall is installed or a physical separation
of fifteen feet or more exists between buildings.
2. Fire flow requirements refers to the Insurance Services
Office "Guide for Determination of Fire Flow".
3. In all Group R-3 occupancies, the NFPA 13d 1980 Standard
shall apply as minimum installation requirements.
4. In all Group R-1 occupancies except hotels, the locally
modified standard for installation of sprinkler systems in
residential occupancies may be used in conjunction with
one hour fire resistant construction to the roof line at
party walls.
In-lieu of the NFPA 13d 1980 Standard, the City of Palm Springs hereby
adopts as its locally modified standard, the "Standard for the Installation
of Sprinkler Systems in Residential Occupancies" as the same was proposed
in that certain document entitled "Technical Committee Reports," and,
except for submitted No. 8 on page 292, as amended at pages 292-297
inclusive of that certain document entitled "Technical Committee Documentation,"
both of which documents were compiled for consideration at the NFPA Fall
meeting, November 17-20, 1980, San Diego, California, three copies of
which documents are available for public inspection at the office of the
City Clerk of the City of Palm Springs.
Nothing in this locally modified standard shall be deemed to supersede
any more stringent sprinkler standards based on allowable area, as defined
in Chapter 5 of the Uniform Building Code, 1979 edition.
Exception: Group R-3 occupancies in Tracts 2082, 2928, 3600 and 8137 are
exempt from the five minute response time fire sprinkler equipment.
3 d 13
3< 3 d 14
Ord. No. 1130
Page 3
Add Subsection 10.309(b) 2E. Automatic Sprinkler Systems.
1 . In Group A dining and drinking establishments having a total
gross floor area of 4,000 square feet or more.
2. In all Group A public assemblies with an occupant load of 100
or more above the first story of the building.
Amend Subsection 10.310(b) Standpipes Where Required - Table No. 10.310
Occupancies three stories or more shall be required to have a Class II
system. Occupancies four stories or more shall be required to have a
Class I and II (or III) system.
Add Subsection 10.310(f) . Occupancies having an existing wet
standpipe system which has been determined by the Chief to have
unduly difficult access for fire apparatus, shall be required to
replace the hose and nozzle appliances with lined hose tested to
300 P.S. I. and variable fog nozzle.
Amend Subsection 10.311 (b) . Buildings Under Construction Where Required
Every building shall have domestic water supply available on site and
garden hose installed which will reach all portions of the combustible
construction areas. Every building three stories or more in height
shall be provided with all required Class III standpipes during
construction. Every building four or more stories in height shall be
provided with all required Class I standpipes during construction.
All standpipes shall be provided with Fire Department inlet connections
at accessible locations. Such standpipe systems shall be extended as
construction progresses to within one floor of the highest point of
construction having secured decking or flooring. I
Where construction height requires installation of a standpipe system,
fire pumps and water main connections shall be provided to serve the
standpipe.
Add Section 11 .201 (d) . Accumulation of Waste Material . Waste
containers or temporary storage of combustible waste in commercial
business, hotels and apartment areas shall not be located within
five (5) feet from a line run vertically from the outer edge of a
combustible roof eave or overhang of a single story structure, nor
within five (5) feet of a combustible exterior wall or opening
unless such storage area is provided with a domestic fire sprinkler
system approved by the Fire Department.
Definition of openings for the purpose of this section shall mean
any wall penetration, doors, windows and vents.
Add Section 11 .207. Mobile Floats and Displays.
(a) Permit required. No person shall construct or use mobile floats
or displays for public performance, presentation, spectacle or
entertainment, without a permit.
(b) All decorative materials shall be of fire resistive or flame
retardant materials.
(c) All motorized apparatus shall be provided with approved emergency
exitway for human occupants.
(d) All motorized apparatus shall be provided with a portable fire
extinguisher of at least a 2A-I0BC rating, readily accessible
to the operator.
(e) Motorized apparatus shall be of good condition and free of
mechanical defects which would present a fire hazard.
cJe}
Ord. No. 1130
Page 4
Add Section 11 .404(c) . Electrical Wiring shall be maintained in good
and servicable condition and shall only be used as herein approved.
1 . Flexible cords shall only be used with appliances, fixtures
pendants and portable lamps. Cords shall have no splices,
taps, breaks or deterioration of insulation covering. Cords
shall not be run through holes in walls, ceilings, floors or
attached to building surfaces by metal fasteners. Cords
shall be limited to length and size in accordance with
manufacturer's specifications.
2. Permanent wall outlets shall not have multi-adapters or
cube taps attached to supply additional appliances.
3. Use of extension cords to supply power to appliances or
fixtures shall not be allowed. Exception: temporary use
on intermittent basis. Extension cord wire gauge must be
one size larger than appliance cord.
4. Permanent type wiring shall not be installed on exterior
wall surfaces unless it is enclosed in rigid metal conduit
piping with enclosed junction boxes.
5. Overcurrent protection (circuit breakers or fuses) shall be
provided for all conductors at a point where the conductor
to be protected receives its supply. Bridging of over-
current protection shall not be permitted. Conductors shall
be protected as indicated in Tables 310-16 and 310-19 of
the National Electrical Code. (See Sections 1 .407 and
1 1 .408 for definition of flexible cord and extension cords. )
Add Section 25.117(c) Detailed Requirements for Installation of
Permanent Tik� and/or Luau Torches Usin Liquid Fuel or Natural Gas
1 . Installer shall obtain permit from the Building Division of
the Department of Community Development after review and
approval of the application for said permit by the Fire
Prevention Division.
2. Maximum length of flame shall not exceed twenty-four (24)
inches.
3. Flame shall be a minimum of eight feet (8' ) from ground
level and entire torch shall be entirely on private property.
4. Minimum size of pipe support shall be one and one half
inches (1-112") in diameter. EXCEPTION: If mounted on a
structure and braced to the satisfaction of the inspection
authority, minimum size could be one (1 ") inch.
5. A radius of five feet (5' ) between torch burner and
combustibles shall be maintained.
6. Torches mounted on ground shall be imbedded at least twelve
inches (12") in an eighteen inch (18") cube of concrete or
more if necessary to insure stability and shall be mounted
perpendicular at right angle to the ground.
7. When exposed to probable vehicular damage due to proximity
to alleys, driveways or parking areas, torches shall be
suitably protected.
3 d 15
3 d 16
Ord. No. 1130
Page 5
8. Where natural gas is used, an approved shut-off valve shall
be located at or near the base of the torch and a labeled
secondary shut-off shall be located at a readily accessible
remote location. Secondary valves may operate one or more
torches.
Add Section 82.102(b) . New Installation of Liquefied Petroleum Gas.
All new in
of liquefied petroleum gas with a capacity of
2000 gallons or more shall be protected by an approved automatic
fixed water spray system. The system shall protect the entire
surface area of the tank and the cargo tanker transfer area. The
system shall be calculated to provide a minimum density of .25
gallons per minute per square foot with a one hour duration water
supply.
Delete Appendix J.
Add Appendix K. Plans and Specification:>. With each application for
a building permit, one set of plans and 'specifications for such
building shall be submitted to the Division of Fire Prevention. Such
plans and specifications shall be complete, and after approval work
specified therein shall be executed strictly in accordance with such
approved plans and specifications. Any change, erasure, alteration,
or modification, affecting fire and life safety, or any drawing or
specification bearing the stamp of the Division of Fire Prevention,
automatically voids the approval of such drawing and specifications
unless permission in writing has been obtained from the Division of
Fire Prevention for such changes. EXCEPTIONS:
1 . One story buildings of Type V, conventional wood stud
construction with an area not exceeding 750 square feet.
2. Group R, Division 3.
3. Group M, Divisions 1 and 2.
4. Small and unimportant work.
Plans and specifications bearing the stamp of the Building Division
or Fire Prevention shall expire, by limitation, if construction has
not commenced within one (1 ) year from date of stamp. Suspension or
abandonment of construction for one hundred eighty (180) days shall
also cause expiration of stamped plans and specifications.
Add Appendix L. All hotel facilities having a capacity of 100 rooms
or more and other facilities designated as critical life safety
hazards shall be required, when ordered by the Chief, to develop
and implement a fire emergency plan" . The plan shall designate a
fire brigade liaison officer and elements approved by the Fire
Department.
Those personnel who may be assigned to a. fire brigade will be required
to complete training classes in cooperation with the Fire Department.
SECTION 3. The prior "Uniform Fire Code, 1976 Edition" , are each and all
hereby repealed. Also, any other ordinances or parts of ordinances in
conflict with the herein ordinance are hereby repealed with the exception
of Chapter 8.04 of the Palm Springs Municipal Code.
P2 ;
Ord. No. 1130
Page 6
SECTION 4. VALIDITY. If any section, subsection, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be
invalid, such a decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of Palm Springs
hereby declares that it would have passed this Ordinance and each section
or subsection, sentence, clause and phrase thereof, irrespective of the
clauses or phrases being declared invalid
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 6. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this Ordinance, and to cause the same or a
summary thereof or a display advertisement, duly prepared according to law,
to be published in accordance with law.
The foregoing Ordinance was introduced after reading the title and of the
titles of the Codes adopted thereby, before the City Council of the City
of Palm Springs, California at the regular meeting of the City Council
held on 12/17/80, and thereafter, following the public hearing pursuant
to California Government Code Section 50022.3, the foregoing Ordinance was
finally adopted at a regular meeting of said City Council held on
1/7/81 , by the following vote, to wit:
ADOPTED this 7th day of January , 19&l.
AYES: Councilmembers Beirich, Ortner, Rose and Mayor Doyle
NOES: Councilmember Field
ABSENT: None
ATTEST.-_ _� CITY F PALM SPRINGS, CALIFORNIA
c ..
By �
,.- 'Deputy City Clerk U, Mayor
REVIEWED AND APPROVED
U
I HEREBY CERTIFY that the foregoing Ordinance 1130 was duly adopted by City
Council of the City of Palm Springs, California, in a meeting thereof held
on the 7th day of January, 1981, and that a summary of same was published in
THE DESERT SUN, a newspaper of general circulation on January 16, 1981.
and on December 29, 1980.
NORM4N R. RING
City Clerk
BY: JUDITH SUMICH
�-"Deputy City Clerk
I
3 d 17
3C�
ORDINANCE NO. 1131
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE TRANSIENT OCCUPANCY
TAX ORDINANCE TO CLARIFY THAT ORDINANCE'S
APPLICABILITY TO TRANSIENT OCCUPANCY OF
UNITS ON A "TIME-SHARE" BASIS OR ARRANGEMENT.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Section 3.24.020 of the Palm Springs Municipal Code, relating to
definitions governing administration of the transient occupancy tax, hereby is
amended to read as follows:
3.24.020 Definitions. Except where the context otherwise requires,
the definitions given in this section shall govern the construction of
this chapter:
(1 ) "Hotel " means any structure, or any portion of any structure,
which is occupied or intended or designed For use or occupancy by transients,
including but not limited to dwelling, lodging or sleeping purposes, and
includes any hotel , inn, tourist home or house, motel , studio hotel ,
bachelor hotel , lodging house, rooming house, apartment house, time-
share project or facility, dormitory, public or private club, mobile
home or house trailer at a fixed location, or other similar structure or
portion thereof, duplex, triplex, single-family dwelling units except any
private dwelling house or other individually-owned single-family dwelling I
unit rented only occasionally (infrequently) and incidentally to the
normal occupancy by the owner or his family; provided that the burden of
establishing that the housing or facility is not a hotel as defined
herein shall be upon the owner or operator thereof; who shall file with
the tax administrator such information as the tax administrator may
require, to establish and maintain such status.
(2) "Occupancy" means the use or possession, or the right or
entitlement to the use or possession, of any hotel , room, rooms or any
portion thereof offered for rent or used or occupied for dwelling, lodging
or sleeping purposes regardless of the purpose for which such rooms are
rented or provided.
(3) "Operator" means the person who is proprietor of the hotel
whether in the capacity of owner, lessee, sublessee, mortgagee in pos-
session, licensee, time-share project or facility manager or operator, or
any other capacity. Where the operator performs his or its functions
through a managing agent of any type or character, the managing agent
shall also be deemed an operator for the purpose of this Chapter, and
shall have jointly and severally the same duties and liabilities as the
principal . Compliance with the provisions of this Chapter by either the
principal or the managing agent shall , however, be considered to be
compliance by both.
(4) "Person" means any individual , firm, partnership, joint venture,
association, social club, fraternal organization, joint stock company,
corporation, estate, trust, business trust, receiver, trustee, syndicate,
or any other group or combination acting as a unit.
(5) "Rent" means the amount of the consideration charged or charge-
able to the tenant or person entitled to occupancy, for the occupancy of
space, valued in money whether received in money, goods, labor or other-
Ord. No. 1131
Page 2
wise, including the full value of receipts, cash, credits, property or
services of any kind or nature, without any deduction whatsoever. "Rent"
may have been, or may be, payable or paid prior to or following (in whole
or in part) the occupancy to which it is attributable, and may have been
paid in whole or in part in advance on a long-term basis, such as in a
"time-share" project or similar arrangement. It is not the intent of
this subsection to make the operator liable for the tax on uncollected
rent. However, uncollected rent must be reported.
(6) "Tax Administrator" means the city manager or his designated
agent.
(7) "Time-share occupancy" means occupancy related to the situation
wherein a purchaser receives the right or entitlement in perpetuity, for
life, or for a term of years or other extended term, to the recurrent,
exclusive use or occupancy of a lot, parcel , unit, room(s) , hotel or
portion thereof, 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 time-share
project which is involved has been divided. The said right or entitle-
ment to occupancy may attach in advance to a specific lot, parcel , unit,
room(s) , or portion of a hotel , or segment of real property, or may
involve designation or selection of the same at a future time or times.
(8) "Transient" means any person who exercises occupancy or is
entitled to occupancy by reason of concession, permit, right of access,
license, time-share arrangement or ownership or agreement, or other
agreement of whatever nature, for a period of thirty consecutive calendar
I days or less, counting portions of calendar days as full days. Any
person so occupying space in a hotel shall be deemed to be a transient if
his actual total period of occupancy does not exceed thirty days. Unless
days of occupancy or entitlement to occupancy by one person are conse-
cutive without any break, then prior or subsequent periods of such
occupancy or entitlement to occupancy shall not be counted when deter-
mining whether a period exceeds the stated thirty calendar days.
SECTION 2. Section 3.24.030 of the Palm Springs Municipal Code hereby is
amended to read as follows:
3.24.030 Tax imposed. For the privilege of occupancy in any hotel ,
each transient is subject to, and shall pay a tax in the amount of seven
percent of the rent charged by the operator or otherwise payable by the
transient. Insofar as the transient is concerned, said tax constitutes
a debt owed by the transient to the city which is extinguished only by
payment to the operator or to the City. For purposes of this section,
the rent deemed payable on account of time-share occupancy by a transient
shall be the rental value of the unit or room(s) which accommodated such
occupancy, which rental value shall be computed by determining the pro
rata share of the total purchase price of the time-share right or entitle-
ment (whether or not involving an estate or any ownership in real property)
which share is allocable to the period of transient occupancy currently
involved, and adding thereto the total applicable operating costs in-
cluding, but not limited to, the applicable real and personal property
taxes, plus the total amount of any and all fees , assessments, charges
and expenses (not including the previously referred to taxes) charged by
the operator as attributable to the time-share occupancy of the transient
by whatever name such fees, assessments, charges or expenses may be
denominated, whether "occupying fee" , "maintenance or operations charge,"
"per diem fee," "management fee" or like name or otherwise. In making
the computation referred to above of the pro rata share of the total
purchase price, in any case wherein the time-share right or entitlement
is in perpetuity or for life or otherwise not for a definite or ascer-
tainable term, such pro ration shall be made upon an assumed term of
forty years.
Ord. No. 1131
Page 3
SECTION 3. EFFECTIVE DATE AND PUBLICATION. This Ordinance, being an ordinance
relating to taxes for usual and current expenses of the City, shall take
effect immediately upon its passage. The City Clerk is hereby ordered and
directed to certify to the passage of this Ordinance before the expiration of
fifteen (15) days after its passage 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 21st day of January 1981 .
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST,-.----•',, CITY OF PALM SPRINGS, CAL FORNIA
By ��
,,Deputy City Clerk Mayor
REVIEWED & APPROVED:_' �,�
6
I HEREBY CERTIFY that the foregoing Ordinance 1131 was duly adopted by City
Council of the City of Palm Springs, California, in a meeting thereof held
on the 21st day of January, 1981, and that a summary of same was published in
THE DESERT SUN, a newspaper of general circulation, on January 31, 1981.and on
January 16, 1981.
NOR1,AN R. KING I
City Clerk
C_ BY`: JUDITH SUMICH
Deputy City Clerk
f
WP 2858-60
ORDINANCE NO. 1132
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DECLARING THAT A CONTINUED STATE
OF EMERGENCY EXISTS WHEREIN THE PUBLIC SAFETY,
HEALTH, AND WELFARE ARE THREATENED AND
EXTENDING FOR A PERIOD OF UP TO EIGHT MONTHS
ORDINANCE 1118 THEREBY CONTINUING A MORATORIUM
ON THE FURTHER 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 interim Ordinance is adopted as an extension of an
urgency measure under the provisions set forth in Section 65858 of the Govern-
ment Code of the State of California, extending the institution of a moratorium
upon establishment within the City of Palm Springs of any "time-share" or
"Interval ownership" project. The nature of the continuing emergency justi-
fying the adoption of this interim Ordinance is that the City's Planning
Commission is continuing to hold public hearings on the matter of "time-share"
and its recommendation will not be forthcoming within the initial four month
moratorium period and the issues which were in evidence at the date of the
adoption of the initial moratorium such as the extent of needed control , the
effect of existing zoning controls, and the nature of sales and promotional
techniques being used, still remain uncertain and unresolved. Each of such
matters is or may be contrary to the public health, safety, and welfare of the
City of Palm Springs.
SECTION 2. DEFINITIONS. The definitions set forth in Ordinance 1118 shall
remain in effect through the effective period of this Ordinance.
SECTION 3. MORATORIUM. After holding public hearings as required in Section
65856 of the Government Code, the four month moratorium established in Ordi-
nance 1118 is hereby extended for a period of up to eight months pursuant to
and as provided for in Section 65858 of the Government Code. The additional
period of time is necessary to continue the 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 that has no
apparent local control under the City's current ordinances. Addi-
tional study is needed to determine the compatibility of this
concept with the City's existing residential zoning classifications
to insure protection of the public's health, safety, and welfare.
SECTION 4. ZONES PROHIBITING TIME-SHARE. During the extended period of the
above stated moratorium, time-share projects shall not be a permitted use in
I any zone of the City.
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, as of October 15, 1980.
ORDINANCE 1132
SECTION 6. EFFECTIVE PERIOD OF THIS ORDINANCE. This Ordinance shall remain
in effect for a period of eight months from the date of adoption unless sooner
repealed or otherwise modified, and subject to any additional extension of the
time period, pursuant to and in accordance with Section 65858 of the Govern-
ment 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 .
SECTION 8. 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 loth day of February 1981 .
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST: ,- CITY OF(By
ALM SPRINGS, CALIFORNIA
1�_ Deputy City Clerk 1 Mayor
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1132 was duly adopted by City
Council of the City of Palm Springs, California, in a meeting thereof- held
on the 10th day of February, 1981, and that same was published in THE DESERT
SUN, a newspaper of general circulation, on February 16, 1981.
NORM&N R. KING
City Clerk
✓ BY: JUDITH SUMICH
Deputy City Clerk
WP 26671-2
ORDINANCE NO. 1133
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THAT PORTION OF THE
ZONING ORDINANCE RELATING TO NONCONFORMING
BUILDINGS, LOTS AND USES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Section 9100.09, A, 123, 124, and 125 of the Palm Springs Zoning
Ordinance relating to the definitions of nonconforming buildings, lots and
uses, is hereby amended to read as follows :
g100.b9.A. 123. Nonconforming Building shall mean a structure or
portion thereof lawfully existing at one time, but which does not conform
to the zone in which it is located due to later adopted height, area or
dimension regulations. See Section 9404.00 for regulations.
9100.09.A. 124. Nonconforming Lot shall mean a parcel of land
having less area, frontage, or dimensions than required in the zone in
which it is located. See Section 9404.00 for regulations.
9100.09.A. 125. Nonconforming Use shall mean a use lawful when
established but which does not conform to subsequently established zoning
or zoning regulations . See Section 9404.00 for regulations.
SECTION 2. Section 9404.00 of the Palm Springs Zoning Ordinance is amended
' to read in its entirety as follows :
9404.00
NONCONFORMANCE
Definitions:
9404.001 A Nonconforming Building shall mean a structure or portion there-
of lawfully existing at one time, but which does not conform to
the zone in which it is located due to later adopted height,
area or dimension regulations.
9404.002 B Nonconforming Lot shall mean a parcel of land having less area,
frontage, or dimensions than required in the zone in which it
is located.
9404.003 C Nonconforming Use shall mean a use lawful when established but
which does not conform to subsequently established zoning or
zoning regulations.
9404.01 NONCONFORMING LOTS, BUILDINGS AND USES - GENERAL PROVISIONS
Property in the City of Palm Springs shall not be used for any pur-
poses except those permitted in the land use district (zone) to
which the property has been classified in accordance with the
Ordinance.
9404.010 This Chapter is herewith established to maintain the orderly develop-
ment of the City of Palm Springs and to protect the general welfare
of persons and property from nonconforming lots, buildings and uses.
In conformance with good planning and zoning practices, it is the
policy of the City to abate nonconformities as soon as economically
feasible and equitable to do so except as noted below.
12 a 1
I' a 2
Ord. No. 1133
Page 2
9404.02 Nonconforming Lots .
9404.020 All uses permitted in the land use district (zone) shall be per-
mitted on nonconforming lots in the district, subject to all other
provisions of the zone district. '
9404.021 Any building or structure on a lot that is nonconforming due only to
the minimum lot area requirements of this Ordinance, may be enlarged,
extended, reconstructed, substituted or structurally altered, provided
the owner of such lot or parcel of land does not own, and for five
(5) years prior to application for permit, has not owned any con-
tiguous property which, when added to the nonconforming lot would
meet the minimum lot area requirements of this Ordinance or would
lessen the nonconformity.
9404.022 When two (2) or more contiguous nonconforming parcels or units of
land which have been created prior to the adoption of the ordinance
which makes them nonconforming are held by the same owner, and at
least one (1 ) of such contiguous parcels is not developed with a
structure for which a permit has been issued by the City, then such
parcels shall be merged for the purposes of this Chapter.
A parcel map shall be filed by the City and processed in accordance
with the requirements of the Subdivision Ordinance.
9404.03 Nonconforming Structures and Buildings
9404.031 Nonconforming buildings which do not conform to the building height,
yards, setbacks, floor area ratio, and minimum size of dwelling unit I
standards for the zone in which they are located shall be permitted
to continue, provided that any addition, alteration, or enlargement
thereto shall comply with all provisions of the zone.
9404.0311 The alteration of buildings in established setback areas shall not
be permitted without the prior approval of the Planning Commission.
9404.0312 When any such nonconforming building is for any reason removed from
the land, all future buildings or structures erected on such land
shall conform to the provisions of the zone.
9404.032 Industrial and commercial type buildings located in a residential
land use district (zone) shall be considered nonconforming.
9404.034 Nonconforming buildings and structures not otherwise provided for
herein shall not be caused to be abated earlier than the period
established below, measured from the date it became nonconforming
and may be continued in accordance with Section 9404.070.
9404.0341 Building types of construction shall be as defined in the most
recent edition of the Uniform Building Code as adopted for reference
by the City and shall be subject to the following amortization
schedule:
9404.0342 Type IV and V structure: (one-hour construction) I
1 ) Flats, apartments, and double bungalows, thirty (30) years .
2) Other dwellings thirty-five (35) years.
3) Stores and factories, twenty-five (25) years .
Ord. No. 1133
Page 3
9404.0343 Type II and III structures: (one-hour fire-resistive construction)
1 ) Apartments, offices, hotels, residence, stores below; apartments
above, forty (40) years.
2) Stores below; hotel or offices above, forty (40) years.
3) Warehouses, stores, garages , lofts, forty (40) years.
4) Factories and industrial , fifty (50) years.
9404.0344 Type I structures - (fire resistive) :
1 ) Apartments and residences, fifty (50) years.
2) Offices and hotels, fifty-five (55) years.
3) Theaters, sixty (60) years.
4) Industrial , forty (40) years.
9404.035 When said nonconforming building or structure is removed from the
land, at or before the end of the amortization period, every future
building and use shall be in conformity with the provision of this
Ordinance.
9404.036 Where more than one (1 ) type of construction has been utilized on a
parcel of land and such buildings are used as a part of the business
' operation conducted on the property, the longest period of time
permitted for amortization of any such building shall apply to all
such buildings.
9404.037 A nonconforming building or structure shall not be moved in whole
or in part to any other location on the same parcel unless such
building or structure which is moved is made to conform to the
regulations of the land use district (zone) in which it is located.
9404.038 Structures under construction undergoing work stoppage for longer
than one hundred eighty (180) days shall be considered unsafe and
nonconforming and subject to abatement.
9404.0381 Repairs and alterations may be made to a damaged nonconforming
structure, or a damaged building or structure with a nonconforming
use, provided that no structural alteration shall be made if the
expense of such restoration exceeds fifty (50%) percent of the
replacement cost of the building or structure at the time such
damage occurred.
9404.0382 Any nonconforming building or structure partially destroyed, not
exceeding fifty (50%) percent of the replacement cost of the building
or structure, may be restored provided restoration is started within
ninety (90) days of the date of partial destruction and diligently
prosecuted to completion.
I 9404.0383 Whenever a nonconforming building or structure is damaged in excess
of fifty (50%) percent of its replacement cost at the time of damage,
the repair or reconstruction of such building or structure shall
conform to all the regulations of the district in which it is located
and it shall be treated as a new building or structure.
12 a 3
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12 a 4
Ord. No. 1133
Page 4
9404.0384 Disputes as to the interpretation of the provisions of this Section
shall be heard and resolved by the Planning Commission; subject to
appeal to the City Council .
9404.04 Nonconforming Use.
9404.040 Notwithstanding the other provisions of this Ordinance nonconforming
uses, except nonconforming signs which are regulated by the Sign
Ordinance, may be continued subject to the following conditions:
9404.0401 Each nonconforming use shall be continuous and any interruption of
such use for one hundred eighty (180) days shall cause the use to
lapse and such use shall not be reinstated or further continued
unless specifically permitted by the Planning Commission after a
hearing in accordance with Section 9404.06.
9404.0402 Any building, structure or facility used for such nonconforming use
shall not be added to, expanded or structurally altered or enlarged
in any manner, except as required by other provisions of this Ordi-
nance or; in order to bring the building and its use into conformity
or; to restore to a safe condition any part of any building or
structure declared unsafe by proper City authority.
9404.0403 A nonconforming use occupying a conforming building or portion
thereof shall not be enlarged or extended into any other portion of
said building or land area by displacing a conforming use or into
premises not actually so occupied.
9404.0404 Nonconforming off-street parking and loading facilities are regu-
lated by Section 9306.00 of the Zoning Ordinance.
9404.0405 Nothing herein shall be construed to preclude normal maintenance and
repairs except as provided within this Chapter.
9404.0406 Any nonconforming use which does not conform to these conditions
shall be subject to abatement.
9404.041 Nonconforming Use of Unimproved land
9404.0410 A nonconforming use of unimproved land', with only incidental accessory
structures such as fences, may be continued for a period not to
exceed one (1 ) year after notification to the property owner of the
nonconformity of such use by procedure established and stated herein.
9404.0411 Such nonconforming use of unimproved land shall not in any way be
expanded or extended either on the same or adjoining property.
9404.0412 If such nonconforming use of unimproved land is discontinued, changed
or altered for a period of six (6) moriths or more, the future use of
the land shall conform with the provision of this Ordinance.
9404.042 Termination of Nonconforming Use
9404.0420 Any use which is nonconforming as provided in this Chapter, shall
be removed or converted and the premises thereafter shall be devoted
to uses consistent with the zoning of the property, within ten (10)
years from the date such use became nonconforming unless extended
as provided in Section 9404.07.
Ord. No. 1133
Page 5
9404.0421 Any use which does not comply with this Section shall be deemed a
public nuisance and shall be abated accordingly unless an exception
shall be granted by the Planning Commission or City Council .
9404.0422 Nothing herein contained shall be construed to require abatement of
a lawful structure enclosing a nonconforming use which can be
relocated as provided in this Ordinance.
9404.0423 Any portion of a nonconforming building, structure or use which is
altered or changed to a conforming use shall not thereafter be used
for a nonconforming use.
9404.05 Official Notice
9404.050 Upon determination that the provisions of this Chapter apply to a
given parcel of land, the Director of Community Development, or his
designee shall send a notice thereof by certified mail to the owner
thereof as shown on the last equalized assessment roll and shall
cause such notice to be published at least once in a newspaper of
general circulation.
9404.051 The notice provided for in this Section shall state that the property
in question is a nonconforming use, shall state the date of abate-
ment established in Section 9404.034, shall state that a hearing
will be held before the Planning Commission, and shall state the
date of such hearing.
9404.06 Hearing
1 9404.060 Within sixty (60) days after the issuance of the notice prescribed
in Section 9404.05, the Planning Commission shall hold a hearing to
determine whether the nonconforming use should be abated or whether
a time extension should be granted as provided in Section 9404.07.
9404.061 The Planning Commission shall receive written and oral testimony at
such hearing in regard to abatement.
9404.062 At the close of the hearing, the Planning Commission shall find and
determine whether the nonconforming use should be abated and all
facts in support thereof, whether the owner of the property can
amortize his investment in the term of abatement provided herein and
if not, what term of abatement should be provided.
9404.063 The decision of the Planning Commission and the findings in support
thereof shall be in the form of a written order and shall be served
upon the property owner personally or by certified mail within ten
(10) days after the decision is rendered.
9404.064 The decision of the Planning Commission is final unless appealed to
the City Council within thirty (30) days of service of such order of
abatement.
J
12 a 5
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Ord. No. 1133
Page 6
9404.07 Extension of Time.
9404. 070 The Planning Commission may grant an extension of time for abatement
of nonconforming uses or structures where it finds that an unreason-
able hardship would otherwise be imposed on the property owner. The
Planning Commission shall consider the following factors , among
others, in determining whether to grant an extension of time and the
length of the term:
1 . The nature of the use,
2. The amount of the owner' s investment in improvements,
3. The convertibility of improvements to permitted uses,
4. The character of the neighborhood,
5. The detriment, if any, caused to the neighborhood by continuance
of the nonconforming use or structures ,
6. The amount of time required to amortize the investment.
9404.071 The Planning Commission shall base its decision as to the length of
the permitted amortization period on any competent evidence pre-
sented, including but not limited to, the depreciation schedule
attached to the owner's latest federal income tax return if the
owner wishes to make the same available.
9404.072 Where the Planning Commission finds that a structure occupied by a
nonconforming use, either in its present condition or as modified,
can be used for a use permitted in the land use district (zone) in
question, the nonconforming use may be granted an extension suf-
ficient to permit it to relocate at a site wherein such use is
permitted and which has substantially equivalent utility for the
use. In no event shall such extension be more than two (2) years.
9404.0721 An extension of time may be granted to permit the relocation of a
nonconforming building in the manner provided herein for noncon-
forming uses per Section 9404.06.
9404.08 Any nonconforming use continuing beyond the date for abatement set
by the Planning Commisson or City Council shall be considered a
public nuisance and subject to immediate abatement unless a time
extension has been granted.
9404.09 The nonconforming uses and buildings which exist pursuant to special
permission under this or any previous ordinance, shall be permitted
to continue under the conditions and regulations imposed in said
permit, administrative approval or variance.
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 4th day of March 1981 .
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST: CITrRF ;,PALM SPRIJy S, CALIFORNIA
//p
By vm
Deputy City Clerk N Mayor 11
� u
REVIEWED & APPROVED: ' CZ,,
WP 9186-9191
2
I HEREBY CERTIFY that the foregoing Ordinance 1133 was adopted by
the City Council of the City of Palm Springs, California, in a
meeting thereof held on the 4th day of March, 1981, and that a
summary of same was published in THE DESERT SUN, a newspaper of
general circulation, on February 25, 1981, and March 11, 1981.
NORMA.N R. RING
City Clerk
Q7:�JUD`FTH SUMICH
Deputy City Clerk
�' �
I
ORDINANCE NO. 1134
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, RE-ESTABLISHING THE ENERGY
COMMISSION, AND AMENDING ITS DUTIES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Section 5 of Ordinance 1083 is hereby repealed.
SECTION 2. Section 2.23.040 of the Palm Springs Municipal Code is hereby
amended to read as follows:
2.23.040 Functions, powers and duties . The Commission shall serve
in an advisory capacity to the City Council as follows :
(1 ) To develop a public information program relative to conservation and
governmental incentive programs.
(2) To consider ordinance modifications as well as new ordinances to
encourage or mandate conservation.
(3) To review City facility retrofit proposals.
(4) To review alternate energy programs as they relate to cogeneration.
1 (5) To seek out, coordinate and formalize grant applications, parti-
cularly as they relate to weatherization, energy management, co-
generation and conservation.
SECTION 3. Notwithstanding the provisions of Section 2.23.010 of the Palm
Springs Municipal Code, all seven (7) members appointed to the Energy Com-
mission at the time this Ordinance takes effect, shall be appointed for a term
that expires on June 30, 1983.
SECTION 4. EFFECTIVE PERIOD OF ORDINANCE. This Ordinance shall be in full
force and effect thirty (30) days after passage and shall continue in effect
until June 30, 1983 unless repealed or modified sooner.
SECTION 5. 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 March 1981 .
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST: CITY OF M SPRINGS, CA FORN A
By
Deputy City Clerk Mayor
REVIEWED & APPROVED: ".
I HEREBY CERTIFY that the foregoing Ordinance 1134 was adopted by the City Council of the
City of Palm Springs, California, in a meeting thereof held on the 4th day of Ma-. '1; 1981,
and that same was duly published in THE DESERT SUN, a newspaper of general circulation, on
March 11, 1981.
NORMAN R. KING
City Clerk
BY: JUDITH SUMICH
ORDINANCE NO. 1135
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING PORTION OF CHAPTER
11 .72 OF THE PALM SPRINGS MUNICIPAL CODE
RELATING TO PUBLIC NUISANCES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Section 11 .72.185 is hereby added to Chapter 11 .72 of the Palm
Springs Municipal Code, to read as follows:
11 .72. 185 Assessment of Administrative Costs. The City Council
shall , from time to time, determine and fix an amount to be assessed as
an administrative cost, exclusive of the actual costs of removal or
abatement of the nuisance, which administrative costs may be determined
and established for each stage of the proceedings, and which admini-
strative costs will be and become a part of the cost of abating the
nuisance.
SECTION 2. Section 11 .72.240 of the Palm Springs Municipal Code is hereby
amended to read as follows:
11 .72.240 City to Abate and Report. If the owner fails or neglects
to remove or otherwise take action to abate the nuisance as defined,
within the time specified in Section 11 .72.230, or fails to file a timely
appeal as per Section 11 .72.220, the City Manager, through the City
employees authorized by him, shall cause such nuisance to be abated. The
abatement work may be done by City crews or by private contractor. A
report of the proceedings and an accurate account of the cost of abating
the nuisance on each separate property shall thereafter be filed with the
City Council .
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 18th day of march 1981 .
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST: CITY � AL SPRINGS, LIFO IA
By 2g- em ^
Deputy City Clerk —� Mayor
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1135 was adopted by the City Council
of the City of Palm Springs, California, in a meeting thereof held on the 18th day
of March, 1981, and that same was duly published in THE DESERT SUN, a newspaper of
general circulation, on March 26, 1981.
NORK&N R. KING
City Clerk
�.__-'"BY: JUDITH SUMICH
ORDINANCE NO. 1136
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORI4IA, AMENDING THE SIGN ORDINANCE;
ESTABLISHING EXEMPTION OF SCENIC CORRIDORS
FROM REQUIREMENT OF POSTING GASOLINE PRICE
SIGNS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES
ORDAIN AS FOLLOWS :
SECTION 1. Purpose. The State of California has adopted, and there
are in effect, Sections 13531 and 20881 of the Business & Professions
Code, both of which require generally, that every person offering for
sale or selling gasoline to the public in the State of California
display on the premises a sign indicating the price of the three major
grades of gasoline sold. The display of such price signs , but for the
effect of said Sections 13531 and 20881 of the Business & Professions
Code, would be prohibited by the terms of Section 8140 . 03 of the Sign
Ordinance, and the same would be abated pursuant to Section 8130. 04
of said Sign Ordinance. The City Council has authority to exempt
from such sign display requirement specific geographic areas desig-
nated in the general plan as scenic corridors or historic preserva-
tion areas. The City Council further finds that the above cited
sections of the Business & Professions Code supersede and pre-empt
the effect of the above cited provisions of the Sign Ordinance of the
City of Palm Springs .
' SECTION 2. Ordinance No. 1122 is hereby repealed.
SECTION 3. Section 8153. 11 of the Sign Ordinance of the City of
Palm Springs is hereby amended to read as follows :
118153. 11 GASOLINE SERVICE STATIONS. (a) Gasoline ser-
vice stations shall be limited to one (1) sign
of an area not to exceed thirty-six (36) square
feet on each side. The height of this sign shall
not exceed twenty (20) feet. In addition, one
(1) ten (10) square foot sign fixed flat on the
surface of the building shall be allowed. Such
signs not complying with the requirements of this
Chapter shall be abated forthwith.
(b) In addition to the signs for public safety
and convenience authorized by Section 8153. 04 , the
Director of Community Development or his authorized
representative may authorize and approve instructional
or directional signs not to exceed one (1) square foot
per face when deemed necessary by him, for the con-
venience of patrons of gasoline service stations. . "
SECTION 4. Section 8153. 111 is hereby added to the Sign Ordinance of
the City of Palm Springs , to read as follows :
"8153. 111 GASOLINE PRICE SIGNS.
(a) Nothing in Section 8140 . 03, or in any pro-
vision of this Sign Ordinance relating to rates
or prices shall be construed as prohibiting com-
pliance with Section 13531 of the Business &
Professions Code of the State of California
which relates to the posting of gasoline prices .
Except as stated herein any sign, statement or
other advertising medium posted or displayed in
15-a-1
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Ord. No. 1136
Page 2
so complying shall in all respects conform to all
of the requirements of this Sign Ordinance and of
any guidelines or regulations adopted pursuant
thereto.
(b) Pursuant to the authority of Business &
Professions Code Sections 13531. (b) and 20881 (b) ,
any area designated in the General Plan of the
City of Palm Springs as scenic: corridor is exempt
from the requirements of Section 13531 and Sec-
tion 20881 of the Business & Professions Code of
the State of California. "
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 6 . PUBLICATION. The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance, and to cause same or a sum-
mary thereof or a display advertisement, duly prepared according to law,
to be published :in accordance with law.
ADOPTED this fit_ day of April n 81 .
AYES : Councilmembers Beirich, Field and Mayor Doyle
NOES: Councilmember Rose
ABSENT : Councilmember Ortner
ATTEST: CITY PALM SPRINGS, CALIFORNIA '
eputy City Clerk Mayor
REVIEWED & APPROVED k
I HEREBY CERTIFY that the foregoing Ordinance 1136 was adopted by City Council
of the City of Palm Springs, California, in a meeting thereof held on the 1st
day of April, 1981, and a summary of same was duly published in THE DESERT SUN,
a newspaper of general circulation, on March 25, 1981 and April 11, 1981.
NORM4N R. KING
City Clerk
BY: 'JUDITH SUMICII
Deputy City Clerk
cJfyc_'
ORDINANCE NO. 1137
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ESTABLISHING ZONING REGULATIONS
RELATING TO THE USE OR OCCUPANCY OF LAND ON
A "TIME-SHARE" BASIS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Chapter 93 of the Palm Springs Zoning Ordinance, relating to
General Conditions and regulations applicable to the zoning of land throughout
the City, hereby is amended by adding thereto a new section to be numbered
9315.00 and reading as follows:
9315.00 USE OR OCCUPANCY OF LAND ON A "TIME-SHARE" BASIS
A. DEFINITION
For the purposes of this Section, a time-share project is one in
which time-share rights or entitlements to use or occupy any real
property or portion thereof has been divided as defined in sub-
section (7) of Section 3.24.020 of the Palm Springs Municipal Code,
into twelve (12) or more time periods of such rights or entitle-
ments.
' B. ZONES IN WHICH PERMITTED: CONDITIONAL USE PERMIT REQUIRED
A time-share project shall be permissible only in such zones and at
the locations therein where a hotel use would be permitted as herein-
after provided. Unless otherwise provided elsewhere in this Zoning
Ordinance, the zones in which such projects are permissible are the
R--3, R-4, R-4VP, C-B-D, C-1 , C-IAA, C-2 and A Zones. Time-share
projects shall also be permissable in the G-R-5 and R-2 Zones when-
ever the subject site in either zone is located fronting on a major
or secondary thoroughfare as indicated on the City's General Plan.
No time-share project, use or occupancy shall be permitted in a
Planned Development District unless expressly shown or described on
the approved development plan for such district. No time-share
project shall be allowed in any case wherein condominium by-laws, or
covenants, conditions and restrictions expressly prohibit time-share
uses. No time-share project shall be allowed in an "A" Zone.
A Conditional Use Permit shall be required in accordance with Section
9402.00 for any time-share project.
C. APPLICATION FOR TIME-SHARE PROJECT APPROVAL
An applicant for approval of a proposed time-share project shall
submit a completed application on a form as prescribed by the Depart-
ment of Community Development, in addition to any other application
information or forms that may be necessary in the particular case.
D. TRANSIENT OCCUPANCY TAX APPLICABLE
All time-share projects shall be subject to the provisions of the
City's Transient Occupancy Tax Ordinance.
B 151
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Ord. No. 1137
Page 2
E. TIME-SHARE CONDITIONAL USE PERMIT
In addition to other considerations of a Conditional Use Permit for
a Time-share project, the following shall apply:
1 . In the event an existing condominium project is proposed to be
converted to a whole or partial time-share project, a verified
description or statement of the number and percentage of the
current condominium owners desiring or consenting to the pro-
posed conversion of some or all of the units to a time-share
basis shall be submitted. Also in such instance, there shall
be submitted, a verified statement of the number and percentage
of owners who have received notification, either personally
(proof by signature of the recipient or witness) or by receipted
certified U.S. Mail , that application to so convert the project
would be submitted to the Commission.
2. The Commission may approve or deny an application for Conditional
Use Permit for a time-share project, in accordance with the
general provisions regarding findings and conditions in Section
9402.00. No application shall be approved unless, among other
considerations, it appears that more than 50% of the owners of
condominium units (not including those owned by the applicant
and/or the developer or any person or entity affiliated there-
with) have received notification , either personally or by
receipted certified U.S. Mail as referred in sub-section E-1
above. The Commission may impose such conditions as it deter- '
mines are necessary to protect the public safety, health, peace
and welfare. Each use permit shall be issued with a condition
attached that no time-share rights or entitlements shall be
sold or offered for sale unless, at such time, there then
exists a valid final subdivision public report for the sale of
such time-share rights or entitlements, issued by the Depart-
ment of Real Estate of the State of California. In determining
whether, and under what conditions to issue any such Conditional
Use Permit, the Commission, among other things, may consider:
a. The impact of the time-sharing project on transient or per-
manent rental stock;
b. The impact of time-sharing on present and future City services;
C. Nonconformity with current zoning regulations and the General
Plan, and reasonable conditions to eliminate same;
d. Nonconformity with existing uniform building and fire codes and
reasonable conditions to eliminate same;
e. The Sign program proposed for the project;
f. The landscaping proposed for the project;
g. Traffic circulation and parking;
h. The applicant's description of the methods proposed to be
employed to guarantee the future adequacy, stability and con-
tinuity of a satisfactory level of management and maintenance
of the time-share project.
i . The desirability of requiring an office of the managing agent
or agency be located locally or on-site, as appropriate.
Ord. No. 1137
Page 3
j. Any other factors deemed relevant and any other information
which the Commission or the applicant considers necessary or
desirable to an appropriate and proper consideration of the
application.
F. APPEALS. Any decision of the Planning Commission on such
Conditional Use Permit shall be appealable to the City Council
within fifteen (15) days of the resolution approving or disapproving
such permit, as provided in the Section 9402.00-D. Appeals on trust
lands shall be in accordance with the contracted agreement between
the City of Palm Springs and the Agua Caliente Indian Tribal Council .
SECTION 2. EXCEPTIONS. This Ordinance shall not affect time-share projects
for which approved permits from the State Department of Real Estate have been
issued prior to October 16, 1980, or projects in which units have been law-
fully sold or offered for sale to the public prior to October 16, 1980.
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconsti-
tutional by the decision of a court of competent jurisdiction, such decisions
shall not affect the validity of the remaining portions 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 the same or a summary
I thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 1st day of April 1981 .
AYES: Councilmembers Beirich, Field, Rose and Mayor Doyle
NOES: None
ABSENT: Councilmember Ortner
ATTEST: CITY 0 WINGS, CALIFORNIA
/�
BY ( —
C/ Deputy City Clerk �/ ayor
REVIEWED & APPROVED:_, � _
I HEREBY CERTIFY that the foregoing Ordinance 1137 was adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held
on the 1st day of April, 1981, and a summary of same was duly published in
THE DESERT SUN, a newspaper of general circulation on March 25, 1981, and
April 11, 1981.
NORM&N R. RING
City Cleric
("AY: JUDITH SUMICH
Deputy City Cleric
B 15 3
WP 2861-3
i
i
ORDINANCE NO. 1138
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 9303.00 OF THE
ZONING ORDINANCE TO ALLOW ROOF MOUNTED
EQUIPMENT IN RESIDENTIAL ZONES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Section 9303.00 C. of the Palm Springs Zoning Ordinance is hereby
amended to read as follows:
"Section 9303.00 C. Buildings or structures, including but not
limited to mobilehomes, erected in all residential zones or districts.
No mechanical equipment or duct work shall be allowed on the roof unless
completely concealed by roof structures except as follows :
Exceptions:
1 . Evaporative Coolers.
a. Existing Construction. Evaporative Coolers shall be allowed on
the roof of residential structures. Those existing structures
covered by Section 9403.00 D. 1 . (Architectural Approval ) shall
completely screen all mechanical equipment of roof areas unless in
the opinion of the Planning Director the placement of evaporative
coolers would not be detrimental to the architectural character of
the structure. No exposed ducting shall be allowed. For flat roof
structures and pitched roof structures without attic space, the
evaporative cooler is to be located as far to the rear of the
structure as practicable. For pitched roof structures with attic
space, the evaporative cooler shall be side mounted under the eave.
If a side mount is not practical due to setback restrictions, then
an installation as though it were a flat roof structure is allowed.
b. New Construction. New construction shall take into consider-
ation the future use of evaporative coolers and shall incorporate
into the design or so place such equipment on the structure so said
equipment is not seen from any public right-of-way. Custom designed
residences may be granted an exemption from this requirement if, in
the opinion of the Building & Safety Director, the size or design
of the structure precludes the efficient use of evaporative cooling.
2. Solar Collectors. Solar Collectors shall be allowed on the roof of
all residential structures. Those structures covered by Section
9403.00 D. I . (Architectural Approval ) shall be required to comply
with the requirements for Architectural Approval for any changes
proposed to the exterior of the building. Solar collectors shall
not extend above the maximum allowable height of the structure.
Collectors may be mounted on racks which are suitably enclosed or
otherwise designed to blend in with the proposed or existing
structure. All designs not conforming to the roof profile shall be
approved by the Building & Safety Director. Manifolds, supply and
return lines, if exposed to view shall be painted to match the
adjacent building or roof surface. "
8 a 1
r C"
8 a 2
SECTION 2. EFFECTIVE DATE OF ORDINANCE. This Ordinance shall be in full
force and effect thirty (30) days after passage by the City Council .
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 15th day of April 1981 .
AYES: Councilmembers Beirich, Field, Ortner and Mayor Doyle
NOES: None
ABSENT: Councilmember Rose
ATTEST: e CITY/ F PALM SPRING , CALIFnO,RNIA
By
n _ Mayo
REVIEWED & APPROVED: — A"
I HEREBY CERTIFY that the foregoing Ordinance 1138 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof
held on the 15th day of April, 1981, and that a summary of same was published
in THE DESERT SUN, a newspaper of general circulation on April 9, 1981 and
April 23, 1981. I
NORMAN R. RING
City Clerk
BY: JUDITH SUMICH
L Deputy City Clerk
257
ORDINANCE NO. 1139
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 5.04.080 TO
CHAPTER 5.04 OF THE MUNICIPAL CODE TO
PROVIDE FOR AUCTIONS FOR NONPROFIT PURPOSES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Chapter 5.04 of the Palm Springs Municipal Code, Division 5, is
amended by adding Section 5.04.080 to read in its entirety as follows :
5.04.080 Single-Event Auctions for Charity. Auctions as one-time
events serving as fund raising activities and sponsored by nonprofit
groups, wherein the major portion of the proceeds go to nonprofit organi-
zations, for purposes or activities which have qualified for income tax
deduction under Section 501 (c)(3) of Internal Revenue Code, or equiva-
lent State law, may be held in facilities where public assembly is other-
wise allowed and provided for or else where as determined by the Director
of Community Development to be appropriate for such activities.
Such activities shall not be limited by the provisions of Section 5.04.030
limiting the auctions to M-1 Zone districts. An outline of each event
shall be submitted with a business license application, including the
location of the event, the facility to be used, the parking spaces avail-
able, the name of the auctioneer, the percentage of proceeds going to
nonprofit organization, and any other information deemed necessary by the
Director of Community Development, Business License Division, Fire Depart-
ment, or Police Department. (No fee shall be charged if a nonprofessional
auctioneer is used. )
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 May 1981 .
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST: CIT 0 PALM SPRINGS, CA IFORNIA
By
Deputy City Clerk ayor
REVIEWED & APPROVED: .fcc
I HEREBY CERTIFY that the foregoing Ordinance 1139 was duly adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on the
6th day of May, 1981, and that same was published in THE DESERT SUN, a newspaper
of general circulation on May 13, 1981.
NORMAN R. KINC
City Clerk
WP 3202 ` (/
BY:'-JUDITH—SUMICH
`-Deputy City Clerk
I
I
ORDINANCE NO. 1140
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, PROVIDING FOR THE DESIGNATION
AND PRESERVATION OF HISTORIC SITES, CREATING
AN HISTORIC SITE PRESERVATION BOARD, REQUIR-
ING CERTAIN CONSTRUCTION AND ALTERATION TO
BE APPROVED BY THE HISTORIC SITE PRESERVATION
BOARD, AND PROVIDING PENALTIES FOR VIOLATION.
CHAPTER 8.05
SECTIONS:
8.05.010 Purpose and Authority
HISTORIC SITE PRESERVATION BOARD.
8.05.020 Definitions
8.05.030 Creation of Historic Site Preservation Board.
8.05.040 Qualification of Members.
8.05. 050 Term of Office.
8.05.060 Removal or Vacancy.
8.05.070 Vacancy Caused by Absence From Meetings.
8.05.080 Time and Place of Regular Meetings.
8.05.090 Appointment of Officers.
8.05. 100 Adoption of Rules--Quorum.
I 8.05. 110 Board Records.
8.05. 120 Duties of Officers.
PROCEDURE FOR DESIGNATION OF HISTORIC SITES AND HISTORIC DISTRICTS
8.05. 125 Created by Council .
8.05. 130 Initiation of Proceedings - - National Register.
8.05. 135 Investigation and Study.
8.05. 140 Notice of Public Hearing.
3.05. 145 Findings and Recommendation to City Council
8.05. 150 Public Hearing by City Council .
8.05. 155 Conduct of Hearing.
8.05.160 Findings and Decisions--Resolution.
8.05. 165 Markers for Designated Historic Sites.
RULES AND REGULATIONS FOR HISTORIC SITES.
8.05. 170 Stay of Demolition.
8,05.175 Effect of Stay Order. Exceptions.
8.05.180 Approval Required.
8.05. 185 Application for Permit to Construct or Alter Structures.
8.05.190 Factors to be Considered Upon Application.
8.05. 195 Board Action Restricted to Exterior Features. Exception.
8.05.200 Procedure Upon Application.
8.05.210 Special Considerations.
8.05.215 Limit on Applications.
8.05.220 Exceptions.
8.05.225 Pre-Existing Building Permits.
8.05. 230 Appeal .
8.05. 235 Penalty for Violation.
8.05.240 Injunctive Relief.
8.05.245 Compliance With Other Laws.
11 a 1
tiv� 1)1
11 a 2
Ord. No. 1140
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Chapter 8.05 of the Palm Springs Municipal Code is hereby added to
read as follows:
8.05.010 Purpose and Authority. This Chapter is adopted pursuant
to the authority of Government Code Section :37361 for the purpose of
preserving areas and specific buildings of the City which reflect elements
of its cultural , social , economic, political , architectural and archeo-
logical history. This Chapter is intended to stabilize and improve
buildings, structures or areas which are considered to be of historical ,
architectural , archeological or ecological value, to foster civic beauty,
to strengthen the local economy and to promote the use of specific
buildings for the education and welfare of the citizens.
8.05.020 Definitions. (a) Historic Site: An historic site is any
real property such as: a building; a structure, including but not limited
to archways, tiled areas and ticket booths ; an archaeological excavation
or object that is unique or significant because of its location, design,
setting, materials, workmanship or aesthetic effect and:
(1 ) That is associated with events that have made a meaningful
contribution to the nation, State or community; or
(2) That is associated with lives of persons who made a meaningful
contribution to national , State or local history; or
(3) That reflects or exemplifies a particular period of the national , I
State or local history; or
(4) That embodies the distinctive characteristics of a type,
period or method of construction; or
(5) That presents the work of a master builder, designer, artist,
or architect whose individual genius influenced his age; or
that possesses high artistic value; or
(6) That represents a significant and distinguishable entity whose
components may lack individual distinction; or
(7) That has yielded or may be likely to yield information impor-
tant to national , State or local history or prehistory.
(b) Historic District: Any area of the City of Palm Springs containing a
number of structures, natural features or sites having historic, archi-
tectural , archaeological , cultural or aesthetic significance and desig-
nated as an historic district under the provisions of this Chapter.
HISTORIC SITE PRESERVATION BOARD
8.05.030 Creation of Historic Site Preservation Board. There is
created an Historic Site Preservation Board. The Board consists of seven
members who shall be appointed by the Palm Springs City Council . The
Council shall seek nominations from the Historical Society Board of
Directors, but are not required to accept such nominations.
Ord. No. 114o
Page 3
8.05.040 Qualification of Members. To be eligible for appointment
to the Board, an individual must have demonstrated knowledge and interest
in the cultural , social , economic, political , architectural or archeo-
logical history of the area, either through experience, training, education
or occupation.
8.05.050 Term of Office. The term of office for each member is
three years. The members first appointed shall qualify themselves by lot
so that two members serve until June 30, 1982, two members serve until
June 30, 1983, and three members serve until June 30, 1984. Each member
serves until his successor is appointed and qualifies.
8.05.060 Removal or Vacancy. A member of the Board may be' removed
by a majority vote of the City Council . A vacancy is filled in the same
manner as the original appointment. A person appointed to fill a vacancy
serves for the remainder of the unexpired term.
8.05.070 Vacancy Caused by Absence from Meetings. If a member of
the Boar is absent without cause from three successive regular meetings
of the Board, the office becomes vacant automatically. The Board shall
immediately notify the City Council of the vacancy.
8. 05.080 Time and Place of Regular Meetings. The Board shall fix
the time and place of its regular meetings in accordance with State Law
provided, however, that such meetings shall be not less than once in each
three months.
8.05.090 _ Appointment of Officers. The Board shall appoint a chair-
man and vice-chairman and secretary from among its members. The chairman
and vice-chairman serve for a term of one year and until the successor of
each is appointed and takes office.
8.05. 100 Adoption of Rules--Quorum. The Board shall adopt rules
for the transaction of its business. Four members of the Board con-
stitute a quorum for the transaction of business.
8. 05. 110 Board Records. The Board shall keep a public record of
its resolutions, transactions, findings and determinations.
8.05. 120 Duties of Officers. (a) Chairman : The Chairman shall
preside at all meetings of the Board. He shall appoint each committee
and shall perform the duties necessary or incidental to his office.
(b) Vice-Chairman: The Vice-Chairman is Chairman in the absence of the
Chairman or in case of inability of the Chairman to act.
(c) Secretary: The Secretary shall keep minutes of each meeting and
shall record the official actions taken. On all official actions on
which a vote is taken, the Secretary shall record the vote by roll call ,
in alphabetical order, with the Chairman voting last. The Secretary
shall certify each offical act and resolution of the Board. The Secretary
shall maintain records of operations and shall perform such other duties
as the Board assigns.
11 a 3
11 a 4
Ord. No. 1140
Page 4
PROCEDURE FOR DESIGNATION OF HISTORIC SITES OR HISTORIC DISTRICTS
8.05. 125 Created by Council . The City Council may designate one or
more historic sites or districts by following the procedures specified in
this Chapter. Designations will be made by categorizing nominated sites
and districts into one of the following classifications and such other
categories as may be designated by resolution :
Class 1 Site not qualified for designation. Not eligible for review
for two years from date of initial review.
Class 2 Site not qualified for designation. Not eligible for review
for six months from date of initial review.
Class 3 Site is located within an officially designated historic
district and is not a contributing factor to the historic
character of the district. No archival file will be maintained.
Eligible for review at any regularly scheduled meeting of the
board.
Clase 4 Site is located within an officially designated historic district
and is a contributing factor to the historic character of the
district. Archival file will be maintained. Usage may be
limited by the City Council . Eligible for review at any regularly
scheduled meeting of the board.
Class 5 Site qualified for City designation only. Archival file may be
maintained. No stay of demolition or landmark eligibility. I
Usage may be restricted by the City Council . Eligible for
review at any regularly scheduled meeting of the board.
Class 6 Site qualifed for designation at the Federal , State, County and
City level . Archival file will be maintained. Site is eligible
for a six month stay of demolition. Site is eligible for
plaquing. Usage may be limited by the City Council . Eligible
for review at any regularly scheduled meeting of the board.
Class 7 Site qualified for designation at the Federal , State, County
and City level . Archival file will be maintained. Site may
not be modified nor object removed without the approval of the
City Council . Site will be plaqued. Usage may be limited by
the City Council . Eligible for review at any regularly
scheduled meeting of the board.
8 05.130 Initiation of Proceedings - - National Register. (a) The
Historic Site Preservation Board may initiate proceedings for designation
of an historic site or district or the recommendation of a property for
nomination to the National Register by motion, and shall then hold at
least one public hearing prior to making a recommendation to the City
Council .
(b) The City Council may initiate proceedings for designation of an
historic site or district or the recommendation of a property for nomi-
nation to the National Register by motion, and shall then refer the
matter to the Historic Site Preservation Board for public hearing and
recommendation.
(c) Upon final action by the City Council recommending a property for
nomination to the National Register, the recommendation will be forwarded
by the City Clerk to the appropriate Riverside County agency for his-
torical preservation. The transmittal shall request that the County join
in the recommendation and forward it to the appropriate State of Cali-
fornia agency for historical preservation with a request that the State
join in the recommendation and forward it to the Department of the Interior
in Washington, D. C. for designation.
r.3
Ord. No. 1140
Page 5
8.05. 135 Investigation and Study. The Historic Site Preservation
Board shall conduct or cause to be conducted such preliminary surveys, studies
or investigations as it deems necessary to adequately inform the Historic Site
Preservation Board and City Council prior to the public hearing, and shall
make available to any interested person the results of any such survey, study
or investigation.
8.05. 140 Notice of Public Hearing. (a) Mailed notice of the
public hearing shall be provided at least ten days prior to the hearing
to the owners of all property lying within the area proposed to be desig-
nated as an historic site or district or within 300 feet of the outer
boundaries of the area proposed to be designated as an historic site or
district, and in addition to such mailed notice, notice of such hearing
shall be published in a newspaper of general circulation within the City
at least ten days prior to such hearing. If mailed notice as required
above would result in notice to more than 250 persons, as an alternative
to such mailed notice, notice may be given by placing a display adver-
tisement in a newspaper of general circulation in the City, and by posting
such notice in at least three conspicuous places within the proposed
boundaries of such site.
(b) Notice may be combined. Notice of public hearing before the City
Council may be combined with the notice of public hearing before the
Historic Site Preservation Board provided that the date set for public
hearing before the City Council shall be not more than 60 days later than
the date set for public hearing by the Historic Site Preservation Board.
For good cause, the public hearing before the City Council may be con-
tinued from time to time, without. further published notice, by announcing
that fact at the time and place set for the public hearing before the
City Council .
8.05. 145 Findings and Recommendation to the City Council . Following
such public hearing, the Historic Site Preservation Board shall make
findings upon which it shall base its recommendation to the City Council
concerning the designation of such proposed historic site or district.
Within 30 days after the conclusion of the public hearing, the Historic
Site Preservation Board shall file its recommendation with the City
Council , together with a report of findings, hearings, and other sup-
porting data.
8.05. 150 Public Hearing by City Council . The City Council shall
hold a public hearing upon notice given in the same manner and to the
same persons as required for the public hearing before the Historic Site
Preservation Board, which notices may be combined as stated elsewhere in
this Chapter.
8.05. 155 Conduct of H earing. At the public hearing the City Council
shall receive all evidence and hear all interested persons, and the
matter shall then be submitted to the City Council for decision.
8.05. 160 Findings and Decisions--Resolution. If the City Council
shall find tat the purposes of this Chapter are furthered by designation
I of property as an historic site or district, such findings shall be
stated in a resolution designating such property within such historic
site or district. From and after the adoption of such resolution, all
property within such historic site or district shall be subject to the
rules and regulations governing the demolition, preservation, rehabili-
tation or alteration of historic sites.
11 a 5
Ord. No. 1140
11 a 6
Page 6
8.05.165 Markers for Designated Historic Sites. (a) Upon desig-
nation of a historic site by the City Council , the Historic Site Pre-
servation Board may determine which historic sites shall be marked with
uniform and distinctive markers. The markers shall be of a design
approved by the Planning Commission.
(b) As a courtesy, notice may be given to the Riverside County Historical
Commission and the California Department of Parks and Recreation (Office
of Historic Preservation) regarding the proposed location of markers
prior to installation to permit recommendations by those agencies.
RULES AND REGULATIONS FOR HISTORIC SITES AND HISTORIC DISTRICTS
8.05.170 Stay of Demolition. At any time after the initiation of
proceedings for designation of an historic site or district, the Historic
Site Preservation Board may, upon its own motion or upon the application
of any interested person, issue an order staying any proposed or threatened
demolition or alteration of the exterior of any structure within or upon
such proposed site. Such stay order shall be effective for no longer
than 120 days, and is intended to afford time for necessary studies,
hearings and determination whether such site should be designated as an
historic site. Such stay order may be extended once for a period not to
exceed 60 days.
8.05.175 Effect of Stay Order. Exceptions . Upon the issuance of a
stay order, no permit shall be given for the demolition or exterior
alteration of any structure or the interior arrangement of a public
building described in such stay order, and any such permit previously I
issued shall forthwith be revoked; provided, however, that a stay order
shall not prevent the performance of any repairs, demolition or removal
necessary for the protection of public health or safety, and ordered by
the Chief Building Official of the City to be performed by the owner or
occupier of such structure.
8.05.180 Approval Required. No person may undertake any of the
following within or upon an historic site or district without a certificate
of approval from the Historic Site Preservation Board:
(1 ) Construction of a new structure;
(2) The moving, demolition or alteration of an existing structure in any
manner which affects the exterior appearance of the structure;
(3) A change in land use which affects the exterior appearance of a
structure or the interior arrangement of public buildings ;
(4) The erection, remodeling or replacing of a sign which affects the
exterior appearance of a structure.
8.05.185 Application for Permit to Construct or Alter Structures .
A person who desires to construct including new construction) , alter,
move or demolish a structure within or upon an historic site or district
shall file an application upon a form prescribed by the City. The appli-
cation shall include all necessary information required by the rules of
the Historic Site Preservation Board. When the application is filed, it
shall be referred to the Historic Site Preservation Board for review.
The Historic Site Preservation Board shall prescribe the rules for giving
of notice and the holding of public hearings upon applications filed
under this Chapter.
Ord. No. 1140
Page 7
8.05.190 Factors to be Considered Upon Application. In reviewing
and acting upon each application, the Historic Site Preservation Board
shall consider:
(1 ) The historic value and significance, or the architectural value and
significance or both, of the structure and its relation to the
historic value of the surrounding area;
(2) The relationship of the exterior architectural features of the
structure to the rest of the structure itself and to the surrounding
area;
(3) The general compatibility of exterior design, arrangement, texture
and material which is proposed by the applicant.
(4) Archeological or ecological significance of the area.
8.05.195 Board Action Restricted to Exterior Features. Exception.
The Historic Site Preservation Board shall consider and pass upon only
the exterior features of a structure and may not consider the interior
arrangement of the structure, except in the case of public buildings .
The Board may not disapprove applications except in regard to the con-
siderations set forth in this Chapter and in Rules and Regulations
adopted by the Board pursuant to this Chapter.
It is the purpose and intent of this Chapter that the Board be strict in
its judgment of plans for structures considered to have historic or
architectural value according to its judgment after detailed studies of
the historic and architectural history of the City.
It is also the purpose of this Chapter and the intent of the City Council
that the Board be lenient in its judgment of plans for structures which
have little or no historic value or plans for new construction except for
plans which seriously impair the historic or architectural value of
surrounding structures or the archeological or ecological value of
surrounding area. In adopting this Chapter the City Council does not
intend to limit new construction, alteration or repairs to any particular
period or architectural style.
8. 05.200 Procedure Upon Application. (a) Upon the filing of an
application, the Secretary of the Board shall set the matter for hearing
and shall give notice in accordance with the rules of the Board. The
Board shall hold a public hearing and shall make its decision within 45
days from the date the application is filed. If the Board fails to act
within 45 days, the application is considered approved unless the appli-
cant and the Board agree to an extension of time.
(b) At the conclusion of the hearing, the Board shall make its decision
and shall file a certificate of approval or certificate of rejection with
the building official of the City. No person may do any work upon a
structure which is a subject of an application until the Board has filed
its certificate of approval . If the Board files a certificate of rejection,
the building official may not issue a building permit for such work.
11 a 7
Ord. No. 1140 11 a 8
Page 8
8.05.210 Special Considerations. (a) If an application affects
the exterior appearance of a structure or proposes to remove or demolish
a structure in a manner which the Board considers to be detrimental to
the City, the Board shall attempt, in cooperation with the owner, to
arrive at an economically feasible plan for the preservation of the
structure.
(b) If the Board is satisfied that the proposed construction or alter-
ation will not materially impair the historic or architectural value of
the structure, it shall approve the application.
(c) If the Board finds that the retention of the structure constitutes a
hazard to public safety and the hazard cannot be eliminated by economic
means available to the owner, the Board may approve the application.
(d) If the Board considers the structure valuable for the period of
architecture it represents and important to the neighborhood in which it
exists, the Board may nevertheless approve the application if any of the
following circumstances exist:
(1 ) The structure is a deterrent to a major improvement program which
substantially benefits the City;
(2) Retention of the structure causes an undue hardship to the owner; or
(3) Retention of the structure is not in the interest of the majority of
the inhabitants of the City.
(e) The Board may approve the moving of a structure of historical archi-
tectural value as an alternative to demolition.
8.05.215 Limit on Applications. No application for the same or
similar work may be filed within one year after the Board has rejected
it.
8.05.220 Exceptions. The regulations contained in this Chapter for
approval by the Historic Site Preservation Board do not apply to routine
maintenance or repair to restore a structure as near as possible to its
original condition after decay, injury, dilapidation or partial destruction
of a structure within an historic district or upon an historic site,
provided said maintenance or repair does not exceed one thousand dollars
($1 ,000) in value.
8.05.225 Pre-Existing Building Permits. This Chapter does not
apply to construction, alteration, moving or demolition of a structure
started under a building permit issued before the effective date of this
Chapter.
8.05.230 Appeal . (a) A person aggrieved by an action of the
Historic Site Preservation Board may appeal the decision to the City
Council by filing a notice of appeal within ten days of the date upon
which such decision is made.
(b) Such notice of appeal shall be in writing, filed with the City I
Clerk, and in addition to the name and address of the appellant, shall
contain the following:
£�•11 fi
Ord. No. 1140
Page 9
(1 ) A statement of the specific action appealed from;
(2) A listing of the specific grounds of the appeal ;
(3) A statement of the facts supporting the grounds of appeal ;
(4) A specification of the relief or the action sought from the City
Council , and
(5) A declaration under penalty of perjury that all factual statements
in the notice of appeal are true to the knowledge of the signer
except as to matters which he has stated expressly are only upon his
information and belief, and that as to those matters he believes
them to be true.
(c) The City Council shall hear such appeal within 40 days after the
filing of notice of appeal . Notice of the hearing date shall be given to
the appellant by mail at the address stated in the notice of appeal .
(d) The City Council shall render a decision within 15 days after the
hearing, which decision shall be deemed final .
(e) The appellant shall be notified in uriting of the Council 's decision
at the address shown on the notice of appeal .
8,05.235 Penalty for Violation. Any person who violates a provision
_
of this Chapter is guilty of an infraction and shall be punished upon
first conviction by a fine not exceeding $500 for such offense. Any
' person who violates a provision of this Chapter within five years of a
prior conviction on the same grounds under this Chapter shall be guilty
of a misdemeanor and shall be punished by a fine not to exceed $500, or
by imprisonment in the City jail or in Riverside County Jail for a period
of not more than six months, or by both such fine and imprisonment.
8.05.240 Injunctive Relief. The Board may seek relief from the
appropriate court to restrain or enjoin any violation of this Chapter and
of the orders and decisions of the Board, or to compel the reconstruction
of any building, structure or object which is destroyed in violation of
this Chapter or the orders and decisions of the Board.
8.05.245 Compliance with Other Laws . The provisions of this Chapter
are separate from and additional to all other requirements of law, in-
cluding but not limited to compliance with other ordinances and codes of
the City, conditions of approval of land use permits and architectural
review and approval . Neither a certificate of approval nor any other
provision of this Chapter shall be deemed to relieve the owner or appli-
cant from full compliance with any such laws, ordinances, codes or
conditions.
SECTION 2. If any provision or section of this Ordinance or the applicability
thereof to any person or circumstance is held invalid, the remainder of such
section and the remainder of this Ordinance and the application thereof to
other persons or circumstances shall not be affected thereby, and to this end
the provisions of this Ordinance are hereby declared severable.
11 a 9
�E�>3
Ord. No. 1140 11 a 10
Page 10
SECTION 3. This Ordinance shall be in full force and effect thirty (30) days
after passage.
SECTION 4. 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 the law, to be published in accordance
with law.
ADOPTED this 20th day of May , 1981 .
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST: \t CITY eVALM SPRINGS, CALIFORNIA
BY -
Deputy City Clerk Mayor
REVIEWED & APPROVED: '<,
I HEREBY CERTIFY that the foregoing Ordinance 1140 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof
held on the 20th day of May, 1981, and that a summary of same was published
in THE DESERT SUN, a newspaper of general circulation, on May 13 and May 28,
1981.
NORMAN R. KING
City Clerk
i
JUDITH SUMICH
Deputy City Clerk
WP 65453-62
ORDINANCE NO. 1141
AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 9206.01 , 1111*11
OF THE ZONING ORDINANCE RELATING TO THE PLACE-
MENT OF MOBILEHOMES ON SINGLE FAMILY LOTS WITH
A CONDITIONAL USE PERMIT.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Section 9206.01-C of the Palm Springs Zoning Ordinance relating to
uses permitted by conditional use permit in the R-1-C Zone is hereby amended
by adding sub-paragraph 7. to read as follows :
V. Mobilehomes on permanent foundations as allowed in Section 65852.3
of the California Government Code and Section 18551 of the California
Health & Safety Code provided:
a. Roof overhangs must be designed as an integral part of the
mobilehome roof structure. Roof overhang requirements shall be
as per Section 5302 (a) of the Uniform Building Code as amended
by the City of Palm Springs.
b. Roofing materials shall comply with the Uniform Building Code
and Uniform Building Code Standards as adopted by the City of
' Palm Springs and shall be limited to those customarily utilized
in the desert.
C. Siding materials shall comply with the Uniform Building Code
and Uniform Building Code Standards as adopted by the City of
Palm Springs and shall be limited to those customarily utilized
in the desert. "
SECTION 2. Section 9207.01 .0 of the Palm Springs Zoning Ordinance relating to
uses permitted by conditional use permit in the R-1-D Zone is hereby amended
by adding sub-paragraph 6. to read as follows:
"6. Mobilehomes on permanent foundations as allowed in Section 65852.3
of the California Government Code and Section 18551 of the California
Health & Safety Code provided:
a. Roof overhangs must be designed as an integral part of the
mobilehome roof structure. Roof overhang requirements shall be
as per Section 5302 (a) of the Uniform Building Code as amended
by the City of Palm Springs.
b. Roofing materials shall comply with the Uniform Building Code
and Uniform Building Code Standards as adopted by the City of
Palm Springs and shall be limited to those customarily utilized
in the desert.
C. Siding materials shall comply with the Uniform Building Code
and Uniform Building Code Standards as adopted by the City of
Palm Springs and shall be limited to those customarily utilized
in the desert. "
8 c
Ord. No. 1141
Page 2
SECTION 3. EFFECTIVE DATE. This Ordinance is adopted as an urgency measure
and shall be in full force and effect immediately upon passage. The nature of
the urgency is that the State Law regarding the placement of mobilehomes on
single family lots will go into effect on July 1 , 1981 , providing standards
lesser than that proposed to be enacted by the City of Palm Springs. The
standards for such placement of mobilehomes on single family lots adopted by
this Ordinance are necessary for the preservation of public health, safety and
welfare.
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 3rd day of June , 1981 .
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST: CITY P'� LM SPRINGS CALIFORNIA
BY 1 r%
q N�'
Deputy City Clerk Mayor
REVIEWED & APPROVED: '7l -
I HEREBY CERTIFY that the foregoing Ordinance 11.41 was duly adopted by the City '
Council of the City of Palm Springs, California„ in a meeting thereof held on
the 3rd day of June, 1981, and that same was published in THE DESERT SUN, a
newspaper of general circulation, on June 9, 1981.
NORMAN R. ICING
City Clerk
BY: JUDITH SUMICH
Deputy City Clerk
WP 26672
ORDINANCE NO. 1142
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
' CALIFORNIA, ADDING SECTION 2.08.030 TO
CHAPTER 2.08 OF THE PALM SPRINGS MUNICIPAL
CODE RELATING TO THE APPOINTMENT OF THE
CITY CLERK.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Section 2.08.030 is hereby added to Chapter 2.08 of the Palm
Springs Municipal Code, to read, as follows :
2.08.030 Appointment of City Clerk. The city
manager shall be empowered, pursuant to Section 34856 of
the Government Code of the State of California, to appoint,
discipline or dismiss the city clerk. Such power shall be
executed by the city manager for any vacancy occuring in said
office upon or after the effective date of this ordinance.
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
threof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 22nd day of _ July 1981 ,
AYES : Councilmembers Field, Ortner, Rose and Mayor Doyle
NOES : None
ABSENT: Councilmember Beirich
ATTEST : CITY OF PALM SPRINGS, CALIFORNIA
D puty City Clerk Mayor
REVIEWED & APPROVED
I I-MREBY CERTIFY that the foregoing Ordinance 1142 was duly adopted by City Council
of the City of Palm Springs, California, in a meeting thereof held on the 22nd day
of July, 1981,. andtthat same was published in THE DESERT SUN, a newspaper of general
circulation on July 27, 1981.
NORMAN R. RING
Cit Cler, k
3UDITH SUMICH
Deputy City Clerk
ORDINANCE NO. 1143
AN ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, APPROVING A FORMAL AGREEMENT
RELATING TO A PUBLIC LEASEBACK BY AND '
BETWEEN THE CITY OF PALM SPRINGS AND THE
CITY OF PALM SPRINGS PUBLIC FACILITIES
CORPORATION
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN, AS FOLLOWS:
SECTION 1. The agreement by and between the City of Palm Springs
and the City of Palm Springs Public .Facilities Corporation, which
agreement is a "public leaseback" as that term is defined by
Government Code Section 54240 (b) , is approved. Three copies of
said agreement, entitled "City of Palm Springs Public Facilities
Corporation Lease and Sublease" (herein "Agreement") , are on file
with the City Clerk of the City.
SECTION 2 . The Mayor is hereby authorized to execute, and the
City Clerk to attest, said Agreement; provided, however, that the
"base rent" required by Section 5 of said Agreement does not ex-
ceed the amount specified in Section 3 hereof.
SECTION 3. The "base rent" required by Section 5 of said Agree- '
ment shall not exceed $2 ,700, 000.
SECTION 4 . This ordinance shall be subject to referendum pur-
suant to the provisions of the Election Code of the State of
California, as the same relate to referendum.
SECTION 5 . EFFECTIVE DATE. This Ordinance shall be in full
force , effective thirty (30) days after its passage.
SECTION 6 . 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 August _� 1981.
AYES: Councilmembers Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: Councilmember Beirich
ATTEST: CITY F PALM SPRINGS, CALIFORNIA
B ^�
uty City Clerk Mayor I
REVIEWED & APPROVED.
I HEREBY CERTIFY that the foregoing Ordinance 1143 was duly adopted by City
Council of the City of Palm Springs, Calif. in .a meeting thereof held on the
5th day of August, 1981, and that same was published in THE DESERT SUN, a news-
paper of general circulation on August 11, 1981.
NORMAN R. ICING
City Clerk
I
GOJUDITHSUMICH
Deputy City Clerk
2�
ORDINANCE NO. 1144
AN ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, AMENDING CHAPTER 8.04 OF THE
PALM SPRINGS MUNICIPAL CODE CONCERNING
' CONSTRUCTION SITE FIRE SECURITY.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1 . Chapter 8.04 of the Palm Springs Municipal Code is hereby
amended to read as follows:
Add subsection 8.04.260 Security Protection
The Fire Chief shall have the authority to require security protection
of construction sites where an especially hazardous condition exists
in wood frame construction because of the size of the structure and/or
the severe exposure to adjacent existing occupancies.
Construction sites required to provide security protection shall provide
non-combustible fencing at least six (6) feet in height around the
entire perimeter of the construction project. Access gates equipped
with chains and padlocks shall be provided for emergency use, as desig-
nated by the Fire Department. The fencing shall not obstruct access
to fire hydrants or other fire protection appliances required during
the construction process. On-site security watchmen may be required by
the Chief, during the open wood and wrapped stages of construction. The
watchmen shall be on-duty during all times when construction workmen are
not on the premises.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance, and to cause 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 August 1981 .
AYES: Councilmembers Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: Councilmember Beirich
ATTEST: CITY F PALM SPRINGS, CALIFORNIA
B ^
Deputy City Clerk - Mayorn
REVIEWED & APPROVED: V
I HEREBY CERTIFY that the foregoing Ordinance 1144 was duly adopted by City
Council of the City of Palm Springs, Calif, in a meeting thereof held on the
5th day of August, 1981, and that same w4s published in THE DESERT SUN, a
newspaper of general circulation on August 11, 1981.
NORMAN R. KING
City Clrk
Y: JUDITH SUMICH
ORDINANCE NO. 1145
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 9.62.010 '
AND 9.64.200, AND ADDING SECTION 9.60.205
TO THE SUBDIVISION ORDINANCE OF PALM SPRINGS
CONCERNING RECORDING OF LOT LINE ADJUSTMENT,
MAPS FOR LESS THAN FIVE UNI.FS, AND SOILS
REPORTS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1 . Section 9.62.010 of the Palm Springs Subdivision Ordinance is
amended to read as follows:
9.62,010 Condominium Conversion. A Tentative tract or parcel map
involving prospective conversion of one or more existing structures or
parcels into a condominium, stock cooperative, or any other form of
community ownership, shall be approved only if the proposed condominium
use of the property will be in conformity with the General Plan and such
conversion conforms to any other requirements or restrictions which may
be adopted by the City Council by ordinance dealing with the conversion
of existing structures or parcels of land from rental units to community
ownership; and, further, only if any structure, parcel or design, if
newly constructed as of the date of tentative tract or parcel map approval ,
could be lawfully so constructed in accordance with the applicable zoning '
regulations, building codes and fire safety codes. A tentative tract or
parcel map shall be required for all conversions including those of fewer
than five (5) units or parcels.
SECTION 2. Section 9.64.200 of the Palm Springs Subdivision Ordinance is
amended to read as follows:
9.64.200 Soils Reports. For all divisions of land for which a
soils report is not otherwise required by the Subdivision Map Act,
adequate tests may be required by the Director of Community Development.
The soils reports, to be done by a soils or geologic engineer registered
in this State, and based upon adequate test borings, may be required at
the time of submission for consideration of a tentative tract or parcel
map, or may be postponed by the Director of Community Development, to be
submitted at the time of, and in connection with, the final map.
SECTION 3. Section 9.60.205 is added to the Subdivision Ordinance to read as
follows:
9.60.205. Owner shall record change with Riverside County Surveyor.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
l
16 . c 1
16c 2
Ord. No. 1145
Page 2
SECTION 5. 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 August 1981 .
AYES: Councilmembers Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: Councilmember Beirich
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By �
Deputy City Clerk Mayor
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1145 was duly adopted by City
Council of the City of Palm Springs, Calif. in a meeting thereof held on the
5th day of August, 1981, and that same was published in THE DESERT SUN, a
newspaper of general circulation on August 12, 1981.
NDRHNN R. RING
City Clerk
' JUDITH SUMICH
Deputy City Clerk
WP 69136
ORDINANCE NO. 1146
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 9202.01-C,
9209.01-C, 9210.01-C, 9211 .01-C, 9212.01-C,
9229.01-B, 9216.01-B, 9217.01-C, AND '
9218.01-C OF THE ZONING ORDINANCE CON-
CERNING TIME-SHARE PROJECTS AND SECTION
9100.09 ADDING A DEFINITION FOR HOME IMPROVE-
MENT CENTER.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Section 9202.01-C of the Palm Springs Zoning Ordinance is amended
by adding sub-paragraph 10 as follows:
10. Time-share project subject to the provisions of Zoning Ordinance
Section 9315.00 provided the subject site must be located fronting on a
major or secondary thoroughfare as indicated on the City' s General Plan.
SECTION 2. Section 9209.01-C of the Palm Springs Zoning Ordinance is amended
by adding sub-paragraph 12 as follows:
12. Time-share projects subject to the provisions of Zoning Ordinance
Section 9316.00 provided the subject site must be located fronting on a
major or secondary thoroughfare as indicated on the City' s General Plan. '
SECTION 3. Section 9210.01-C of the Palm Springs Zoning Ordinance is amended
by adding sub-paragraph 18 as follows:
is. Time-share projects subject to the provisions of Zoning Ordinance
Section 9315.00.
SECTION 4. Section 9211 .01-C of the Palm Springs Zoning Ordinance is amended
by adding sub-paragraph 6 as follows:
6. Time-share projects subject to the provisions of Zoning Ordinance
Section 9315.00.
SECTION 5. Section 9212.01-C of the Palm Springs Zoning Ordinance is amended
by adding sub-paragraph 6 as follows:
6. Time-share projects subject to the provisions of Zoning Ordinance
Section 9315.00.
SECTION 6. Section 9216.01-B of the Palm Springs Zoning Ordinance is amended
by adding sub-paragraph 10 as follows:
10. Time-share projects subject to the provisions of Zoning Ordinance
Section 9315.00.
SECTION 7. Section 9217.01-C of the Palm Springs Zoning Ordinance is amended
by adding sub-paragraph 3 as follows:
3. Time-share projects subject to the provisions of Zoning Ordinance
Section 9315.00.
16 d 1
2V'
16 d 2
Ord. No. 1146
Page 2
SECTION 8. Section 9218.01-C of the Palm Springs Zoning Ordinance is amended
by adding sub-paragraph 9 as follows:
9. Time-share projects subject to the provisions of Zoning Ordinance
' Section 9315.00.
SECTION 9. Section 9229.01-B of the Palm Springs Zoning Ordinance is amended
by adding the following after "Tennis Courts" in sub-paragraph 4.
Time-share projects subject to the provisions of Zoning Ordinance Section
9315.00.
SECTION 10. Section 9100.09-A-27, Definitions of the Palm Springs Zoning Ordi-
nance is amended by adding to read as follows:
BUILDING HEIGHT shall mean the vertical distance plus six (6) inches
measured from the average grade at the curb adjacent to the property
or from the top of the crown of the roadway if there is no curb, ex-
clusive of exceptions permitted in Section 9-303.00. In the event of
hillside lots, large lots or lots where the pad height is raised above or
lower than the curb level the Planning Director or Planning Commission
may establish the point of measurement at a level higher or lower than
the curb or crown of street The building height for large parcels shall
Fe measured from adjacent natural grade unless otherwise established by
the Planning Commission.
SECTION 11 . Section 9100.09-A, Definitions of the Palm Springs Zoning Ordi-
' naoce is amended by adding sub-paragraph 84.5 to read as follows :
Home Improvement Center shall mean any lot or premises where any major
assemblage of the following listed items or services aimed at servicing
the homeowner (but not limited to) , are offered for retail sale and
includes outside storage area for nursery plants only. Lumber supply
items may not exceed ten percent (10%) of the floor area devoted to
retail sales. A home improvement center does not include industrial
application such as contractor's supply, wholesaling, bulk building
supplies, or industrial type uses, as milling, planing, and major cutting
of lumber or cutting or threading of pipe.
Concrete (bagged)
Decorative Gravel (bagged)
Drywall
Electrical Supplies
Fencing - wood, metal , and plastic
Flooring Cover and Carpets
Garden Tools and Supplies, Garden Furniture
Glass, Windows, Mirrors
Hardware
Heating and Cooling Equipment
Household Supplies
Insulation
Miscellaneous Household Items
Paint and Wallpaper
Painting, Compressor and Equipment
Plant and Nursery
Plumbing Supplies, Pre-threaded Pipe
Recreational Equipment
Roofing
Screening - Doors and windows
Storage Sheds
Tile
Tools
Wood Products - moldings, paneling, lumber (pre-cut) , cabinets
furniture
�' d c
6
Ord. No. 1146
Page 3
SECTION 12. Section 9217.02-A (C-lAA Zone) of the Palm Springs Zoning Ordi-
nance is amended by adding the following after "automobile agencies" :
Bicycle sales and repair shops.
SECTION 13. Section 9227.01-B (C-S-C Zone) of the Palm Springs Zoning Ordi-
nance is amended by adding the following after "Restaurants and Cocktail
lounges" :
Roller skating facility (no liquor may be sold or served on the
premises) .
SECTION 14. Section 9216.01 -A (C-1 Zone) of the Palm Springs Zoning Ordinance
is amended by adding the following after "Toy Stores" :
Used/consignment clothing in conjunction with new clothing, provided
fifty (50%) percent of stock is new merchandise.
SECTION 15. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 16. 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 August 1981 .
AYES: Councilmembers Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: Councilmember Beirich
ATTEST: C.[TY F� PALM SPRINGS, CALIFORNIA
By
Deputy City Clerk Mayor
REVIEWED & APPROVED: Mp/L
I HEREBY CERTIFY that the foregoing Ordinance 1146 was duly adopted by City
Council of the City of Palm Springs, Calif. in a meeting thereof held on the
5th day of August, 1981, and that a summary of same was published on July 31,
1981 and on August 12, 1981, in THE DESERT SUN„ a newspaper of general circulation.
NORMAN R. RING
City Clerk
ZYPUDITH SUMICH
Deputy City Cleric
16 d 3
WP 69137-8
x l
ORDINANCE NO. 1147
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADOPTING A HOME
MORTGAGE FINANCE PROGRAM AND AUTHORIZING CITY
OFFICERS TO IMPLEMENT THE PROGRAM
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN, AS FOLLOWS:
WHEREAS, there is a shortgage in the City of Palm Springs
(the"City" ) of housing which is affordable by persons on the
lower end of the purchasing spectrum, and a consequent need to
encourage the construction of homes affordable by such persons
and otherwise to increase the housing supply in the City for
such persons; and
WHEREAS, the City Council of the City intends to issue
notes and bonds, pursuant to Part 5 of Division 31 of the
Health and Safety Code of the State of California (the "Act" ) ,
to provide financing for the acquisition and construction of
housing in the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1 . The City hereby establishes a home mortgage
finance program (the "Program" ) pursuant to the Act and hereby
determines to issue revenue bonds pursuant to said Act to pro-
vide funds for the Program.
SECTION 2. The City hereby finds and declares that the Pro-
gram will serve the public purposes of increasing the housing
supply and of providing financing for decent, safe and sanitary
housing which is affordable by people on the lower end of the
purchasing spectrum.
SECTION 3. The proper officers of the City are hereby
authorized and directed to perform any acts and enter into and
execute any agreements or other documents that they may deem
necessary or appropriate to implement the Program.
SECTION 4. The provisions of this ordinance, being necessary
for the welfare of the City and its inhabitants, shall be
liberally construed to effect its purposes.
SECTION 5. This ordinance becomes effective immediately
after passage and within 15 days of passage shall be published
once in the DESERT SUN, a newspaper of general circulation pub-
lished in this City.
ADOPTED this 2nd day of September , 1981 .
AYES : Councilmemhers Beirich, Field, Ortner, Rose and Mayor' Doyle
NOES: None
ABSENT :None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
i
y __
City Clerk Mayor
I HEREB CERTIFY that the foregoing Ordinance L 47 was duly adopted by City Council
of the City of Palm Springs, Calif. , in a meeting thereof held on the 2nd day of. Sept. ,
1981, and that same was published in THE DESERT SUN, a newspaper of general circulation,
on September 10, 1981.
UDITH SUMICH
2h0
ORDINANCE NO.1148
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DISESTABLISHING THE CENTRAL
CORRIDOR BUSINESS IMPROVEMENT AREA AND
REPEALING CHAPTER 3.98 OF THE PALM SPRINGS
MUNICIPAL CODE, WHICH PROVIDED A SPECIAL
LEVY OF BENEFIT CHARGE TO BE PAID BY
BUSINESSES OPERATING IN SAID AREA.
WHEREAS the City Council of the City of Palm Springs adopted a resolution of
intention to disestablish a Business Improvement Area (Central Corridor
Business Improvement Area) ; and
WHEREAS the Resolution of Intention was duly and regularly published and
mailed in the time, form, and manner as required by law; and
WHEREAS the Council proceeded to hear protests and objections, both oral and
written, to the disestablishment of said Central Corridor Business Improvement
Area. NOW THEREFORE,
THE CITY COUNCIL OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1 . The Central Corridor Business Improvement Area established by
Ordinance 1109, adopted by the City Council on March 5, 1980, is hereby dis-
established.
SECTION 2. Chapter 3.98 of the Palm Springs Municipal Code is hereby repealed.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this Ordinance, and to cause the 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 September , 1981 ,
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
'IDES: None
ABSENT: None
ATTEST: CITY OF�A M SPRINGS, CALIFORNIA
By VA
City Clerk Mayo
REVIE44ED & APPROVED: 14�,Q,�;
I HEREBY CERTIFY that the foregoing Ordinance 1L:J8 was duly adopted by the City
Council of the City of Palm Springs, Calif. , in a meeting thereof held on the
16th day of September, 1981, and that same was published in THE DESERT SUN, a
newspaper of general circulation on September 23, 1981.
�" DITH SUMICH
City Clerk
ORDINANCE NO. 1149
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ORDERING THE REFUND OF CHARGES
IN RELATIONSHIP TO THE CENTRAL CORRIDOR
I BUSINESS IMPROVEMENT AREA WHICH PROVIDED
A SPECIAL LEVY OF BENEFIT CHARGES TO BE
PAID BY BUSINESSES OPERATING IN SAID AREA.
FINDINGS AND PURPOSE:
On August 5, 1981 , the City Council of the City of Palm Springs, adopted
Resolution 13922, a resolution of intention to refund the benefit charge and
related costs paid by various businesses in connection with the Central Corridor
Business Improvement Area. Said Resolution of Intention was duly and regularly
published and mailed in the time, form, and manner as required by law.
Pursuant to said Resolution of Intention, a public hearing was held on September
2, 1981 , at 7:30 p.m. in the Council Chamber of the City of Palm Springs, at
which hearing the Council proceeded to hear protests and objections, both oral
and written, to proposed refund. Based thereon, and upon other evidence and
information presented to them, the City Council finds that the public welfare
would best be served by refunding to the persons who paid them, the amounts
collected as assessments or penalties pursuant to said Ordinance 1109, from
such funds as may be available for that purpose, and that such refund or
reimbursement would serve a valuable public purpose.
THE CITY COUNCIL OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1 . The benefit charges collected in connection with the Central
Corridor Business Improvement Area established by Ordinance 1109 are hereby
ordered to be refunded.
SECTION 2. Charges not yet collected under Ordinance 1109 are hereby waived.
SECTION 3. Any penalties collected in connection with said charges are hereby
ordered to be refunded.
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 September 1981 .
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST: / CITY OF TM SPRINGS CALIFORNIA
By I
fit
City Clerk Mayor
I HEREBY CERTIFY that the foregoing Ordinance 1149 was duly adopted by the City
Council of the City of Palm Springs, Calif. in a meeting thereof held on the 16t-h
day of September, 1981, and that same was published in THE DESERT SUN, a newspaper
of general circulation, on September 23, 1981.
UDITH SUMICH
City Clerk
ORDINANCE NO. ino
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY
REZONING CERTAIN PROPERTIES OF INDIAN
TRUST LAND IN SECTIONS 2, 12, 14 AND 22,
T4S, R4E AND SECTION 20, T4S, 1"5E I
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1 . Pursuant to Section 9406.00 of the Palm Springs Zoning Ordinance,
the official Zoning Map of the City of Palm Springs, referred to therein is
hereby amended as follows:
Zone Changes
The parcels of property legally shown on the attached Exhibits "A"
through 'I" are rezoned as shown on those Exhibits.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION. 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 16th day of September , 1981 .
AYES: Counr_ilmember Beirich, Field, Rose and Mayor Doyle
NOES: None
ABSENT: None
ABSTAINED: Councilmember Ortner
ATTEST: / CITY OF PALM SPRINGS, CALIFORNIA
By �j//
City Clerk Mjyro
REVIEWED & APPROVED:
lik-
1 HEREBY CERTIr3' that the foregoing Ordinance 1150 was duly adopted by the City
Council of the City of Palm Springs, Calif. , in a meeting thereof held on the 16th
day of September, 1981, and that same was published is THE DESERT SUN, a newspaper
of general circulation, on September 23, 1981.
P'S'4MICH 10 b 1
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City Clerk
WP 26652
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EXHIBIT E
Case 5.0197
ORDINANCE NO. 1151
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY
REZONING CERTAIN PROPERTY AT THE SOUTH-
EAST CORNER OF EAST PALM CANYON DRIVE AND
BOGIE ROAD FOR SHOPPING CE14TER PURPOSES,
FROM R-3 TO C-D-N, SECTIONS 29 & 30
T4S R5E.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Pursuant to Section 9406.00 of the: Palm Springs Zoning Ordinance,
the official Zoning Map of the City of Palm Springs, referred to therein is
hereby amended as follows:
Zone Changes
The parcel of property legally shown on the attached Exhibit "A" is
rezoned from R-3 to C-D-N as shown on said Exhibit.
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 28th day of October 1981 .
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST:__ _ CITY OF PALM SPRINGS, CALIFORNIA
� l `
BY, /.� �_,.� / it
City Cler Mayor
REVIEWED & APPROVED: l6.—
I HEREBY CERTIFY that the foregoing Ordinance 1151 was duly adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on
the 28th day of. October, 1981, and that same was published in THE DESERT SUN, a
newspaper of general circulation on November 2, 1981.
JUDITH SUMICH
City Clerk
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EXHIBIT "A"
C ITY OF PALM SPRINGS
SE N0. 5.0090 - cup APPROVED BY PLAN. COMM. DATE
PLICANT M. Dragecevich APPROVED BY COUNCIL DATE 10/28/81
MARKS Section 30 ORD. NO. 1151 RESOL. NO.
C�
ORDINANCE NO. 1152
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DISESTABLISHING THE CENTRAL
CORRIDOR BUSINESS IMPROVEMENT AREA ADVISORY
BOARD AND REPEALING CHAPTER 2.24 OF THE PALM
SPRINGS MUNICIPAL CODE, WHICH CREATED SAID
BOARD.
WHEREAS the City Council of the City of Palm Springs adopted a resolution
of intention to disestablish a Business Improvement Area (Central Corridor
Business Improvement Area) ; and
WHEREAS the Resolution of Intention was duly and regularly published and
mailed in the time, form, and manner as required by law; and
WHEREAS the Council proceeded to hear protests and objections , both oral
and written, to the disestablishment of said Central Corridor Business
Improvement Area; and
WHEREAS on September 2, 1981 , the City Council voted to disestablish the
Business Improvement Area, negating the need for an Advisory Board, now
therefore
THE CITY COUNCIL OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1 . The Central Corridor Business Improvement Area Advisory Board
established by Ordinance 1110, adopted by the City Council on March 5, 1980,
is hereby disestablished.
SECTION 2. Chapter 2.24 of the Palm Springs Municipal Code is hereby
repealed.
SECTION 3. EFFECTIVE DATE. This Ordinance: shall be in full force and
effect thirty (30) days after passage.
SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this Ordinance, and to cause 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 November 1981 .
AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle
NOES: None
ABSENT: None
ATTEST: CITY F PALM SPRINGS, CALIFORNIA
L-
City Clerk Mayor
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1152 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof
held on the 4th day of November, 1981, and that same was published in THE
DESERT SUN, a newspaper of general circulation, on November 19, 1981.
/7UDITH SUMICH
City Clerk
ORDINANCE NO. 1153
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, MAKING MINOR HOUSEKEEPING AMEND-
MENTS TO SECTION 9402.00: CONDITIONAL USE
PERMIT, OF THE ZONING ORDINANCE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 9402.00: CONDITIONAL USE PERMIT
The Conditional Use Permit is intended for those types of land uses which
require special consideration in a particular zone or in the City as a whole
due to: the size of the area needed for full development of such use; the
unusual traffic, noise, vibration, smoke or other problems incidental to its
operation; special locational requirements not related to zoning; or to the
effect that such uses may have on property values, health, safety, and welfare
in the neighborhood or in the community as a whole. It is also for uses whose
approximate location is indicated on the General Plan but whose exact location
and arrangement must be carefully studied. In granting the permit, certain
safeguards to protect the health, safety, and general welfare may be required
as conditions of approval .
Uses existing on the effective date of this Ordinance, which are listed as per-
mitted subject to conditional use permit in the zone in which they are located,
may continue without securing such a permit; however, any extension or expansion
of such use shall require a conditional use permit.
i A. USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
1 . Uses listed in the zones as "Uses Permitted by Conditional Use Permit"
may be permitted in said zones subject to the provisions of this
Section. The Commission shall review and approve or disapprove the
use. The Commission's action shall be final unless appealed to the
Council .
2. In addition, the following uses may be permitted pursuant to this
Section in any zone except where expressly prohibited, when such uses
are deemed by both the Commission and Council to be essential or
desirable for the public welfare and convenience and in conformity
with the General Plan and its objectives.
a. Airport, or aircraft landing facilities.
b. Apiaries (beekeeping) .
C. Cemeteries, columbariums, crematories, mausoleums.
d. Equestrian establishments (academies, schools and amusements) .
e. Establishments or enterprises involving large assemblages of
people or automobiles, including:
(1 ) Amusement Parks.
(2) Circuses.
(3) Fair Grounds.
(4) Open-air theatres, excluding drive-in movie theatres.
(5) Race Tracks.
(6) Recreational Centers privately operated.
(7) Stadia.
1 a 1
2 9R �'
1 a 2
Ord. No. 1153
Page 2
f. Governmental facilities.
g. Institutions of a philanthropic or charitable nature.
h. Large-scale shopping centers (site of ten (10) acres or more)
planned as integrated developments, subject to property develop-
ment standards set forth in the C-D-N Zone, Section 9215.00 plus
such other conditions as are deemed necessary.
i . Public utility structures and installations.
j . Radio or television transmitters.
k. Plant Nurseries. (842:1 1-27-69)
(1 ) Hours. The hours of operation shall be regulated by the
Commission in such a manner, to be compatible with sur-
rounding uses.
(2) Emission of Odors. No emission of odors of any kind shall
be noticeable at the property line.
(3) Screening. All outside storage of equipment and material
except growing plant materials shall be completely screened
from view.
(4) If located in the R-I-AH, R-1-A, R-1-B, or R-I-C Zone, the
following additional restrictions shall apply:
(a) No business shall be carried on upon the premises.
(b) No obnoxious fertilizers shall be stored on the
premises.
(c) No obnoxious soil renovation shall be carried on upon
the premises.
1 . Ambulance service and accessory uses customarily incident to the
permitted use, subject to the following conditions : (1014:1 3-3-76)
(1 ) That the use not be located in any R-1 Zone. (1014:1 3-3-76)
(2) That the site be located on a major thoroughfare as in-
dicated on the Palm Spring: General Plan. (1014:1 3-3-76)
M. Private educational institutions on major thoroughfares as
defined on the General Plan of the City. (1022:1 1025 :1 7-7-76)
3. In addition, a conditional use permit; may be granted for temporary
structures, within planned rights-of-way when the property owner
applying for such permit signs an agreement with the City to remove
any such temporary building or structure at his own expense whenever
so requested by the City. I
4. Planned Development District (PD) . In a planned development district
only those uses shown on the development plan for the particular
planned development district may be approved by the Planning Com-
mission and City Council after these bodies have made a finding that
said uses are in conformity with the General Plan and sound com-
munity development. (775 :2 1-23-67)
The regulations of Section 9407.00 and this Section shall apply.
Where a conflict in regulations occurs, the regulations specified
in Section 9407.00 shall apply. (775:2 1-23-67)
lid
Ord. No., 1153
Page 3
B. CONDITIONAL USE PERMIT PROCEDURE
1 . Application
a. Filing. The owner, lessee, or authorized agent of the owner or
lessee of a subject property are the only persons authorized
to sign an application for a conditional use permit. Where the
authorized agent is the signator, his authorization to represent
the owner or lessee shall be in written form signed by the owner
or lessee. (687: 983:1 1-2-75)
b. Form and Contents. Application shall be made to the Planning
Commission on forms furnished by the Permit Center and shall
be full and complete, including such data as may be prescribed
by the Commission to assist in determining the validity of the
request. In the case of a shopping center, the Commission may
require the submission of additional data to justify the size,
location, and scope of the requested shopping center site.
Incomplete applications shall not be accepted for filing.
A site plan as described in Section 9215.00 and elevations of
the proposed development shall be submitted as part of any appli-
cation.
2. Filing Fee
When the application for a conditional use permit is filed, fees
shall be paid in such amount as has been prescribed by resolution
I of the City Council .
3. Staff Investigations
The Planning staff shall make an investigation of the facts bearing
on the case to provide the information necessary for action con-
sistent with the intent of this Ordinance and the General Plan, and
shall report the findings to the Commission.
4. Commission Public Hearing Date and Notice
a. A hearing date shall be set by the Planning Division for the
Planning Commission after the application has been verified
as complete.
b. Notice of public hearing shall contain the time and place of
the hearing and the location and proposed use of the subject
property.
C. (Deleted by Ordinance 983:12 1-2-75)
d. Mailing. Notice shall be mailed, postage prepaid, not less
than ten (10) days before the hearing date to owners of property
within a radius of four hundred (410) feet of the exterior
boundaries of the subject property. (687: 983:13 1-2-75)
1 a 3
I a 4
Ord. No. 1753
Page 4
e. The applicant shall submit a list of all property owners and
lessees and sublessees of record, and their addresses within
the prescribed distance of the .subject property, together with
a map that further identifies the individual parcel of each
property owner. Said list shall be prepared by a title insur-
ance company licensed to conduct business in the County of
Riverside, California. If any property on this list is owned
by the United States Government in trust for the Indian tribe,
a subsequent list of the names and addresses of individual
Indian owners shall be obtained from the Bureau of Indian
Affairs and signed by the Director of Indian Affairs or his
authorized representative. No application shall be accepted
for filing without the required property owners list. (687:
983:2 1-2-75)
Time-share projects shall follow procedure as provided in
Section 9315.00-E of this Ordinance.
f. If any properties included within the radii referred to in
paragraph V' above are located outside the limits of the City
of Palm Springs, the mailing notice will be given to those
properties, and in addition the City of Palm Springs may cause
written notice of such hearing to be given to the Planning
Commission of any City in which such outside properties are
located or to the Planning Commission of the County in such
cases where such outside properties lie within the unincorpo-
rated portion of said county. Such written notice, if given,
shall be given not less than fifteen (15) days prior to the
date of such hearing.
g. When a complete application is accepted by the Permit Center,
it shall be submitted to the City's Assistant Right-of-Way
Agent who shall check the property owners list and map against
his records and shall verify in writing the accuracy and
completeness of said list as so checked. (687: 983:3 1-2-75)
5. Commission Public Hearing, Recommendation, and Notice Thereof
a. The Commission shall , not less than ten (10) nor more than
thirty (30) days after the notification of property owners,
hold a public hearing on the conditional use permit application.
b. The Commission shall announce and record its decision within
thirty (30) days after the conclusion of the public hearing.
Said decision shall set forth the findings of the Commission
and any recommended conditions, including the time limit,
deemed necessary to protect the health, safety and welfare of
persons in the neighborhood and in the City as a whole.
C. The decision and findings shall be filed with Council within
fifteen (15) days after its announcement, and a copy thereof
shall be mailed to the applicant at the address shown on the
application. The action of the Commission shall be final
unless appealed, except for the uses listed in Section 9402.00-
A-2.
C�
Ord. No. 1153
Page 5
d. Special uses listed in this Section 9402.00-A-2 shall require
final action by the City Council in accordance with Section
9402.00-C, except that in any case where the Planning Com-
mission has denied an application for such conditional use
permit, the City Council shall not take further action thereon
unless an appeal is filed by an interested party, in accordance
with provisions of Section 9402.00.-C or Section 9410.01 if the
Planning Commission denial is affirmed, but such public hearing
shall be held before the Council orders issuance of any con-
ditional use permit. (687: 1003:1 9-3-75)
6. Commission Findings and Conditions
The Commission, in recommending approval of a conditional use permit
shall find as follows:
a. That the use applied for at the location set forth in the appli-
cation is properly one for which a conditional use permit is
authorized by this Ordinance.
b. That the said use is necessary or desirable for the development
of the community, is in harmony with the various elements or
objectives of the General Plan, and is not detrimental to existing
uses or to uses specifically permitted in the zone in which the
proposed use is to be located.
C. That the site for the intended use is adequate in size and shape
to accommodate said use and all of the yards, setbacks, walls or
1 fences, landscaping and other features required in order to
adjust said use to those existing or permitted future uses on
land in the neighborhood.
d. That the site for the proposed use relates to streets and high-
ways properly designed and improved to carry the type and quantity
of traffic generated or to be generated by the proposed use.
That the conditions stated in the decision and shown on the
approved site plan are deemed necessary to protect the public
health, safety and general welfare and may include minor modifi-
cation of the zone' s property development standards. Such con-
ditions may include:
(1 ) Regulation of use.
(2) Special yards, spaces and buffers.
(3) Fences and walls.
(4) Surfacing of parking areas subject to City specifications.
(5) Requiring street, service road or alley dedications and
improvements or appropriate bonds.
(6) Regulation of points of vehicular ingress and egress.
(7) Regulation of signs.
(8) Requiring landscaping and maintenance thereof.
(9) Requiring maintenance of the grounds.
(10) Regulation of noise, vibration, odors, etc.
(11 ) Regulation of time for certain activities.
(12) Time period within which the proposed use shall be developed.
(13) Duration of use.
(14) And such other conditions as will make possible the develop-
ment of the City in an orderly and efficient manner and in
conformity with the intent and purposes set forth in this
Ordinance.
1 a 5
1 a 6
Ord. No. 1153
Page 6
C. COUNCIL PUBLIC HEARING, DATE, NOTICE AND ACTION
The following procedure shall apply to uses specified in Section 9402.00
A-2 and 4: (687: 775:3 1-23-67)
1 . The hearing date shall be set by the City Clerk for not more than
thirty (30) days after the filing of the Commission decision with
the Council .
2. Notice shall be given as provided in Section 9402.00-B-4.
3. The Council shall , not less than ten (10) nor more than thirty (30)
days after the notification of a public hearing on a conditional use
permit, hold said hearing(s) .
4. The Council shall , within thirty (30) days after the conclusion of
the public hearing approve, with stated conditions, or disapprove
the conditional use permit petition by resolution, setting forth the
findings listed in Section 9402.00-B-6. In adding to, modifying or
reversing a Commission recommendation, the affirmative votes of not
less than three (3) members of the Council shall be required on each
item so acted upon.
5. Notification of the Council action shall be mailed to the petitioner
at the address shown on the petition.
D. APPEAL
The following appeal procedure applies to uses listed in the zones as
9402.00-A-1 (Uses permitted subject to conditional use permit) .
1 . No decision of the Commission shall be effective until a period of
fifteen (15) days has elapsed following the decision of said Com-
mission. (687: 983:4 1-2-75)
2. During said period, the applicant or any other aggrieved person may
appeal the action of the Commission to the City Council . Any such
appeal shall be filed in writing and shall contain the following :
(a a statement setting forth the specific action appealed from,
(b) a listing of the specific grounds of the appeal , (c) a recital
of facts supporting the grounds of appeal , (d) a specification of
the relief or action sought from the City Council , and (e) a decla-
ration under penalty of perjury that the signator certifies that all
factual statements in the appeal are true of his own knowledge,
except as to those matters which he has stated expressly are only
upon his information and belief, and that as to those latter matters
he believes then to be true. In the event any written appeal fails
to set forth any of the information or statements required by this
subsection, the City Clerk shall return the same to the appellant
with a statement of the respects in which it is deficient, and the
appellant shall thereafter be allowed five days in which to perfect
and refile his written appeal . (687 : 983:4 1-2-75) i
3. The City Council shall hear such appeal within forty (40) days after I
the date of filing. The notification of public hearing shall be the
same as that for the Planning Commission, as shown in Section
9402.00-B-4. (687: 734: 2-28-66)
4. The City Council shall render a decision within fifteen (15) days
after the hearing. Council decision shall be final .
5. The applicant shall be notified in writing of the Council 's decision
at the address shown on the application.
Ord. No. 1153
Page 7
E. TIME LIMIT FOR DEVELOPMENT
Unless otherwise stated by the Commission or Council , the time limit for
commencement of construction under a conditional use permit shall be one
(1 ) year from the effective date of approval . An extension of said time
limit may be approved by the Commission upon demonstration of cause by
the applicant. (687: 734:2 2-28-66)
F. EFFECTIVE DATE
A conditional use permit shall become effective after an elapsed period
of fifteen (15) days from the date of the resolution of record authorizing
said permit, unless an appeal is filed with a court of competent juris-
diction.
G. REVISIONS TO SITE PLAN APPROVED AS PART OF A CONDITIONAL USE PERMIT
1 . Minor revisions to a site plan approved as part of a conditional use
permit may be made after review and approval by the Director of
Community Development pursuant to the architectural approval pro-
cedure, Section 9403.00. Minor revisions are hereby defined as
revisions which in no way violate the intent or any of the standards
or conditions of the permit or of the zone.
2. Revisions other than minor revisions, as defined above, shall be
made pursuant to the regular conditional use permit procedure set
forth in this Section.
I 3. All copies of the approved revised site plan shall be dated and
signed by the Planning Division and made a part of the record of the
subject conditional use permit. One copy of said approved revised
site plan shall be mailed to the applicant.
H. CONDITIONS FOR SPECIFIC USES
1 . Automobile Service Stations
Automobile service stations shall comply with the following pro-
visions in addition to zone provisions and conditions imposed in a
conditional use permit:
a. Location
(1 ) The site shall have one hundred and fifty (150) feet of
frontage on a major or secondary highway.
(2) The site shall not adjoin an existing hotel or residential
use at the time of its establishment.
(3) The minimum distance from the site to a residential zone,
school , park, playground, church, museum, or similar use
shall be two hundred fifty (250) feet.
b. Distance between stations. The minimum distance between auto-
mobile service stations shall be five hundred (500) feet.
C. Site Area. The minimum site area shall be eighteen thousand
seven hundred and fifty (18,750) square feet.
d. Dimensions. The minimum width shall be one hundred and fifty
150 feet; the minimum depth shall be one hundred and twenty-
five (125) feet.
1 a 7
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Ord. No. 1153
Page 8
e. Number of Pum s. One gasoline pump shall be permitted per two
thousand (2,000) square feet of site area, with a maximum of
fifteen (15) pumps permitted at any one station. A double pump
stanchion shall represent two (2) pumps.
f. Distance between Pumps. The maximum distance between pumps
on an island shall be ten (10) feet.
g. Utility Trailers. Utility trainers, not exceeding ten (10) in
number, may be stored for rent on service stations only in the
C-2, C-M, and M-1 Zones, provided they are screened from view
and occupy an area which is in excess of the two thousand (2,000)
square feet of site area required per pump.
h. Walls. A solid masonry wall six (6) feet in height shall be
erected on all interior property lines, said wall to be reduced
three (3) feet in height within any required yard setback area
or corner cutback area.
i . Paving. The entire ground area shall be paved.
j . Lighting. Light shall be reflected away from adjoining properties;
lighting facilities shall be a part of or attached to the main
structure and shall conform to the regulations of the City of
Palm Springs.
k. Outside Operation. Operations outside permanent structures
shall be limited to the dispensing of gasoline, oil , water,
changing tires, and attaching and detaching trailers. There
shall be no outside storage or display of tires , banners or
devices.
1 . Noise. Noise shall be muffled so as not to become objection-
able due to intermittence, beat frequency, or shrillness, and
the decible level measured at property lines shall not exceed
street background noise normally occuring at location of site.
M. Minimum Building Area. The minimum gross floor area for each
automobile service station building, not including the canopy
area, shall be fifteen hundred (1 ,500) square feet.
2. Quarries, Sand Pits, or Gravel Pits
a. The application for a conditional use permit for a quarry sand
pit, or gravel pit, shall include a contour map indicating
operating sites, structures and all improvements including the
extremities of the proposed quarry. The application shall
further submit a report in detail indicating the method of
quarry operation, which report shall include an outline of the
sequence and pattern of mineral excavation. This shall include
the number, spacing, depth of drill holes and amount of explo-
sives to be used per hole. The maximum size of quarry face for
mining and blasting purposes shall be twenty-five (25) feet.
The Planning Commission, upon re!Ceipt of this plan may, at its
discretion, require at the operator' s expense a geophysical
survey to determine the seismic effects of the proposed blasting
pattern, which may be the basis for limiting the size of blast.
Ord. No. 1153
Page 9
b. Quarries, sand pits, and gravel pits shall comply with the
following provisions in addition to zone provisions and conditions
imposed in a conditional use permit.
(1 ) No rock or mineral crushing or treatment of minerals shall
be permitted.
(2) Accessory building shall be used solely for the storage
and maintenance of equipment and operating offices.
(3) No building may be closer than one thousand (1 ,000) feet
from any approved public street or highway.
(4) Quarry operations shall not be closer than one-half (1/2)
mile from any residential zone.
(5) The hours of operation shall be limited from 8 a.m. to
6 p.m. from Monday through Friday, excluding national
holidays.
(6) Removal of minerals pursuant to this Section shall be con-
ducted so as to limit the emanation of smoke and dust as
provided by the standards set forth in Sections 9220.04-E
and 9220.04-F of this Code.
(7) All operations excepting blasting shall not exceed sixty-
five (65) decibels as measured from any approved public
I street or highway.
(8) All drill holes shall be tamped to minimize the sonic
effects of blasts. No charges may be exposed to the air
during detonation.
(9) All roads from the site to any public street or highway
shall be paved with suitable asphaltic material on a
prepared base as per specifications of the Director of
Community Development to a width of twenty-eight (28)
feet to prevent the emanation of dust.
(10) Upon completion of all operations, or operations at any
one point, all excavations, as well as mounds of waste
material which may be seen from any public street or high-
way, shall be graded and the premises restored as near as
possible to original conditions and contours,
C. All operations shall be covered by public liability and property
damage insurance as required by the City of Palm Springs.
d. Upon cessation of operations for a period of six (6) months ,
this permit shall terminate and all structures and equipment
shall be removed.
e. Bond Requirement. To guarantee compliance with conditions set
forth in this Section and in the conditional use permit, the
operator shall post and maintain with the City of Palm Springs,
a performance bond of one hundred thousand ($100,000) dollars,
conditioned that the City may enter and restore the premises
and recover all its costs.
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Ord. No. 1153
Page 10
3. Open Storage Yards for Junk, Auto Wrecking and Other Waste Products.
Open storage yards for junk, auto wrecking and other waste products
shall comply with the following provisions in addition to zone pro-
visions and conditions imposed in a conditional use permit.
a. Site Area. The minimum site area shall be twenty-five thousand
25,000 square feet.
b. Location. The minimum distance from the site to a residential
zone, school ,, park, playground, church, museum, or similar use
shall be three hundred (300) feet.
4. Shopping Centers.
a. Bonds. , The Planning Commission may require the posting of per-
formance bonds to guarantee the installation of all site improve-
ments which may include streets, paving, curbs , parking areas ,
landscaping, walls, lighting, sidewalks, sewers, and utilities,
to guarantee installation within the period of time granted by
the conditional use permit, said bond to be posted prior to
the issuance of first building permit.
b. Time Limit. A conditional use permit for a designed shopping
center may be issued for a period of three (3) years , within
which time the applicant shall have applied for a building
permit and have commenced construction of at least thirty (30)
percent of the proposed development. Extensions of time may
be granted by the City Council upon written request by the '
applicant wherein the applicant shall state the reasons for
failure to comply with the conditions set forth in this Section,
and shall demonstrate his ability to proceed with the project
if an extension is granted. Upon compliance with the conditions
set forth in the granting of a conditional use permit and com-
pletion or commencement of construction of at least thirty (30)
percent of project, and filing of a written request for rezoning
by the applicant accompanied by sufficient data on future develop-
ment and proof that at least thirty (30) percent of the project
is completed, the Planning Commission shall recommend to the
City Council a change of zone to C-D-N, and the City Council
shall thereupon adopt an ordinance changing zone to the C-D-N
Zone.
C. Plan Amendments. Prior to final action on the conditional use
permit, the applicant may amend the site plan and/or elevations ,
provided said amendments comply with the provisions of the
C-D-N Zone and are approved by the Planning Commission and City
Council .
If the amended plan does not meet with the approval of the
Planning Commission, the Commission shall , within thirty (30)
days, indicate changes which are acceptable. The applicant
shall have the right to appeal to the City Council any change
indicated by the Planning Commission provided said applicant
makes his appeal in writing within ten (10) days after receipt
of the resolution from the Planning Commission stating therein
where, in his opinion, the Planning Commission was in error.
Ord. No. 1153
Page 11
5. Recreational Vehicle Park.
a. Density. The density shall be based on one (1 ) recreational
vehicle space for every two thousand four hundred (2,400) square
feet of area devoted to said use. The area to be used for
recreational vehicles shall be clearly delineated.
(884:2 9-28-70)
b. Building Height. The provisions of Section 9213:03-C shall
apply. (884:2 9-28-70)
C. Yards. The provisions of Section 9213.03-D shall apply.
(8B4:2 9-28-70)
d. Walls, Fences and Landscaping. Each recreational vehicle
park shall be entirely enclosed at its exterior boundary by a
solid decorative masonry wall , eight (8) feet in height. Said
wall shall run along and be contiguous to the boundary line or
property line except where abutting a street, in which case it
shall be on the yard setback line and the yard shall be land-
scaped and maintained. (884:2 9-28-70)
e. Coverage. The provisions of Section 9213.03-F shall apply.
(884:2 9-28-70)
f. Si ns. The provisions of Chapter 81 of the Palm Springs
Ordinance as amended shall apply. (884:2 9-28-70)
g. Access. The provisions of Section 9305.00 shall apply. Access
to recreational vehicle parks from a street which is a boundary
to an R-1 or R-2 Zone shall be prohibited. One (1 ) access to
a recreational vehicle park from each abutting street shall be
permitted. (884:2 9-28-70)
h. Off-street Loading and Trash Areas. The provisions of Section
9307.00 shall apply. 884:2 9-28-70)
i . Size of Recreational Vehicle Space and Yards.
(1 ) The minimum size of recreational vehicle spaces shall be
one thousand two hundred fifty (1 ,250) square feet.
(884:2 9-28-70)
(2) Each recreational vehicle space shall be provided with a
minimum of five hundred (500) square feet of parking area
paved with asphalt concrete or Portland Cement concrete
to a thickness of three (3) inches for parking of vehicles.
(884:2 9-28-70)
(3) Each recreational vehicle space shall be provided with a
one hundred twenty (120) square foot Portland Cement con-
crete patio. (884:2 9-28-70)
(4) The remaining area shall be landscaped. (884:2 9-28-70)
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Ord. No. 1153
Page 12
j . Distance Between Recreational Vehicles.
(1 ) There shall be not less than ten (10) feet between
recreational vehicles. (884:2 9-28-70)
(2) Where recreational vehicle spaces are located near any
permitted building, the minimum space between the recre-
actional vehicle and said building shall be fifteen (15)
feet. (884:2 9-28-70)
k. Electrical Service.
(1 ) Each recreational vehicle space shall be provided with
electrical service. (884:2 9-28-70)
(2) All electrical , telephone and television services within
the recreational vehicle park shall be underground.
(884:2 9-28-70)
1 . Water Service. Each recreational vehicle space shall be pro-
vided with a fresh water connection. (884:2 9-28-70)
m. Sanitary Sewer. Each recreational vehicle space shall be pro-
vided with a connection to a private sewer line or to a City
sewer line, if available. The sewer system or connection plans
shall be subject to approval by the Building Division.
(884:2 9-28-70)
n. Movement of Recreational Vehicles. Wheels or similar devices
shall not be removed from recreational vehicles, nor shall any
fixture be added which will prevent the recreational vehicle
from being moved under its own power by a passenger vehicle
within a one (1 ) hour period. (884:2 9-28-70)
o. Accessory Structures. No accessory structure shall be con-
structed as a permanent part of the recreational vehicle.
(884:2 9-28-70)
p. Access Roads.
(1 ) All access roads shall be paved with asphalt concrete with
a minimum thickness of three (3) inches. (884:2 9-28-70)
(2) Access roads within the recreational vehicle park shall
be paved to a width of not less than twenty-five (25) feet
and, if paved to a width of less than thirty-six (36) feet,
shall not be used for automobile parking at any time.
(884:2 9-28-70)
(3) Where access roads are paved to a width of thirty-six (36)
feet or more, the off-street parking provisions contained
in subparagraph "s" of this Section are waived for the
number of spaces provided and marked off in the parking
lanes on the street. Each marked space shall conform to
the parking standards defined in this Ordinance.
(884:2 9-28-70)
(4) Portland Cement concrete pavement edge gutters shall be
installed on both sides of all access roads.
(884:2 9-28-70)
(5) Each recreational vehicle space shall front on an access
road. (884:2 9-28-70)
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Ord. No. 1153
Page 13
q. Lighting.
(1 ) Lighting shall be indirect, hooded and positioned so as to
reflect onto the access roads and away from the recre-
ational vehicle spaces and adjoining property.
(884:2 9-28-70)
(2) Light standards shall be a maximum of ten (10) feet in
height. The height of all light standards shall be
measured from the elevation of the adjoining pavement of
the access roads. (884:2 9-28-70)
r. Drainage.
(1 ) The park shall be so graded that there will be no depressions
in which surface water will accumulate. (884:2 9-28-70)
(2) The ground shall be sloped to provide storm drainage run-
off by means of surface or sub-surface drainage structures.
(884:2 9-28-70)
(3) The area beneath the recreational vehicle shall be sloped
to provide drainage from beneath the recreational vehicle
to an outside surface drainage structure. (884:2 9-28-70)
S. Off-street Parking
(1 ) All parking shall be provided in accordance with Section
I 9306.00 (Off-Street Parking) . (884:2 9-28-70)
(2) One (1 ) visitor parking space shall be provided for every
ten (10) recreational vehicle spaces in addition to parking
required in subparagraph (1) above. (884:2 9-28-70)
t. Park and Recreational Space. There shall be provided a park
and open recreation space having a minimum area of two hundred
(200) square feet for each recreational vehicle space. Said
spaces shall be consolidated into usable areas within minimum
dimensions of not less than one hundred (100) feet.
(884:2 9-28-70)
U. Management. A caretaker responsible for the maintenance of the
park shall be readily available within the immediate vicinity
of the park at all times when the park is occupied.
(884:2 9-28-70)
V. Management Storage. Storage space for supplies, maintenance,
materials and equipment shall be provided in a separate building
or in a building with other facilities. (884:2 9-28-70)
W. Sanitary Facilities.
I (1 ) One (1 ) toilet, lavatory and shower for each sex for every
twenty-five (25) recreational vehicle spaces or fraction
thereof shall be provided within an enclosed building or
buildings for the exclusive use of tenants.
(884:2 9-28-70)
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Ord. No. 1153
Page 14
(2) Toilets shall be of a water flushing type.
(884:2 9-28-70)
(3) Hot and cold running water shall be provided for
lavatories and showers. (884:2 9-28-70)
(4) Toilet, lavatory and shower facilities shall be
located not more than two hundred (200) feet from
any recreational vehicle space. (884:2 9-28-70)
X. Laundry Facilities. One (1 ) washing machine and dryer space
shall be provided for every twenty-five (25) recreational
vehicle spaces or fraction thereof. (884:2 9-28-70)
y. Trailer Sanitation Station. A sanitation station shall be pro-
vided to receive the discharge from sewage holding tanks of
self-contained recreational vehicles. (884:2 9-28-70)
(1 ) The sanitation station shall be constructed in accordance
with specifications set forth in Chapter 5 (Mobilehome
Parks, Special Occupancy Trailer Parks and Campgrounds) ,
Title 25 (Housing and Community Development) , of the
California Administrative Cade. (884:2 9-28-70)
(2) The sanitation station shall be located within the park in
such a manner so as not to be obnoxious to the tenants of
the park or any adjoining property. (884:2 9-28-70)
Z. Recreational Vehicle Storage Yard. Where recreational vehicle
storage yards are provided as an accessory use to a recreational
vehicle park, they shall conform to the following standards :
(884:2 9-28-70)
(1 ) The area shall be graded and the surface paved with asphalt
concrete with a minimum thickness of three (3) inches.
(884:2 9-28-70)
(2) The storage yard shall be enclosed by a six (6) foot high
solid masonry wall or a six (6) foot high chain link fence
and landscaped to shield the interior of the area and the
chain link fence from view on all sides. The wall or fence
shall be broken only by a solid gate. (884:2 9-28-70)
(3) No sewer connection other than a standard trailer sanitation
station shall be permitted within the storage yard.
(884:2 9-28-70)
(4) Electrical connections may be provided for maintaining the
air conditioners in the recreational vehicles.
(884:2 9-28-70)
(5) The storage yard shall not be used for living purposes.
(884:2 9-28-70)
aa. Length of Occupancy. The intent of the recreational vehicle
park is to allow standards for the transient occupancy of
recreational vehicles as defined in this Ordinance. It is not
the intent of the recreational vehicle park to circumvent
standards for a standard mobilehome development. The period
of time that a recreational vehicle shall occupy a recreational
space, as defined by this Ordinance, shall not exceed thirty
(30) days. (687: 884:1 9-28-70)
Ord. No. 1153
Page 15
I . REVOCATION OR VOIDING OF CONDITIONAL USE PERMIT
1 . The Council , with or without a recommendation from the Commission,
may, after notice and public hearing, revoke any conditional use
permit for non-compliance with any of the conditions set forth in
granting said permit.
2. Notice.
a. Notice shall be mailed to the record owner and lessee of the
subject property not less than twenty (20) days prior to holding
a public hearing. Said notice shall state the complaint and
shall request appearance of said owner and lessee at the time
and place specified for the hearing to show cause why the permit
should not be revoked. (687: 983:5 1-2-75)
b. Notification of property owners shall be given as provided in
Section 9402.00-B-4.
3. Within ten (10) days after the public hearing, the Council shall by
resolution, revoke or modify the conditional use permit. After
revocation, the subject property shall conform to all regulations of
the zone in which it is located.
4. If the time limit for development expires and development has not
commenced, or the use permitted by the conditonal use permit does
I not exist, the conditional use permit shall be considered void. No
notice need be given nor hearing held. An extension of said time
limit may be recommended by the Commission and granted by the Council
upon a written request by the applicant showing a demonstration of
cause.
5. Termination of a use granted herein for a period of one (1 ) calendar
year shall terminate the use rights granted. No notice need be given
nor hearing held.
J. REAPPLICATION
The same applicant may not re-apply for a similar conditional use permit
on the same land, building, or structure within a period of six (6) months
from the date of the final decision on such previous application unless
such decision is a denial without prejudice. (687: 983:6 1-2-75)
K. EXISTING PERMITS
Any conditional use permit granted pursuant to any Zoning Ordinance enacted
prior to the effective date of this Ordinance shall be construed to be a
conditional use permit under this Ordinance subject to all conditions
imposed in such permit unless otherwise provided herein. Such permit may,
however, be revoked or voided as provided in Section 9402.00-I above.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
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Ord. No. 1153
Page 16
SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certi-
fy 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 ?n,, day of December 1981 .
AYES: Councilmembers Field, Ortner, Rose and PIayor Doyle
NOES: None
ABSENT: None
ATTES CITY OF ALM SPRINGS CALIFORNIA
City Clerk Mayor `
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1153 was duly adopted by the
City council of tha City of Palm Springs, California, in a meeting thereof- held
on the 2nday of December, 1981, and that a summary of same was published in
THE DESERT SUN, a newspaper of general circulation, on November 20, 1981 and
December 9, 1981.
J IlTH SUMICH
Gity Clerk I
WP 9487-99; 69091-4