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HomeMy WebLinkAbout1/1/1982 - ORDINANCES ORDINANCE NO. 1154 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY REZONING FROM R-1-C AND W-R-1-C TO R-I-AH AND W-R-1-AH FOR PROPERTY LOCATED ON THE NORTH SIDE OF ESCOBA DRIVE (EXTENDED) , 200 FEET EAST OF DESERT WAY, SECTION 19. 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 Change The parcel of property legally shown on the attached Exhibit "A" is hereby rezoned from R-1-C and W-R-1-C to R-1-AH and W-R- 1-AH. 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 January , 1982 AYES: Councilmembers Field, Ortner, Rose and Mayor Doyle NOES: None ABSENT: None ATTEST- \, 4 CITY OF PALM SPRINGS, CALIFORNIA By ( :1��m _ c 1- & 6 / City Clerk Mayor REVIEWED & APPROVED:I&OA. I HEREBY CERTIFY that the foregoing Ordinance 1L54 was adopted by the City Council of the City of Palm Springs, California, in a me.tiag thereof held on the 6th day of January, 1982, and that same was published in TIE DESERT SUN, a newspaper of general circulation, on January 14, 1982. JUDITII SUMICH City Clerk WP 69093 6 a 1 6a 2 P.D. �' - � � p.i.. " '� I— M-I 60 0 \ \\ M-1 a 2 dj W � , M-1 \\ Qw R C L O \\\\ \\ e SITE w GROSS ACREAG 1 R- 1-C W-R w.R.I-C� ..o R -1- C � : - P0. 1 -C w _ L 31 w u w I.L R i C � R-3 0I — `O&W-R- 1 -AH R-G-A (8) R-G-A (8 81 PO 58 o I R T P �� `� R-3 R-G-A-(8) R-G-A-W l ��c�1 b►T ��pA' �I CITY OF PALNI SPRINGS CASE NO. 5.0203-CUP & CZ APPROVED BY PLAN. COMM. DATE APPLICANT City of Palm Springs APPROVED BY COUNCIL DATE 1/6/82 REMARKS Section 19 ORD. NO. 1154 RESOL. NO. ORDINANCE NO. 1155 AN ORDINANCE OF THE CITY OF PALM SPRINGS CALIFORNIA, 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 . Section 25.114 of the Municipal Fire Code is hereby amended to read as follows: 25.114 Open Flame No person shall cause or permit any open flame to be used in place of public assemblage, or drinking or eating establishment except when used in conjunc- tion with approved heating or cooking appliances in areas not accessible to the public or under written permit of the Chief. SECTION 2. Section 25.115 of the Municipal Fire Code is hereby amended to read as follows: 25.115 Use of Candles and Open Flames, Permits a A person sha 1 not use, or allow to be used, any open flame, burning candle or candles in any building or place in such a manner as to create a fire or life hazard. 1 (b) A special perf" it shall be obtained before serving any flaming foods or drinks on any premises. Such permit shall specify those conditions, as indicated on the permit application, peculiar to the place of use and in addition to the requirements set forth herein. (1 ) The preparation of foods and drinks is restricted to the table being served. They shall not be transported or carried through rooms or areas while burning. (2) Jellied or semi-solid type fuels may be used to heat foods at the table. (3) Liquid fuel heating devices containing no more than one ounce of fuel may be used. (4) The person preparing the flat~iinq food or drink shall have a wet towel immediately available for use in smothering the flames in the event of emergency. (5) The serving of flaming foods, drinks or desserts shall be done in safe manner, which would not create high flames. The pouring, ladling or spooning of liquids is restricted to maximum height of eight (8) inches. (6) The flammable liquid used in the preparation of foods , drinks or desserts shall be permitted only when dispensed from one of the following: (a) A one (1 ) ounce container (b) A container not to exceed one (1 ) quart with a controlled pouring device, that will limit the flow to one (1 ) ounce. (7) All containers, when not in use, will be positioned in a secure manner to prevent spillage. 7 a 1 7a 2 Ord. No. 1155 Page 2 SECTION 3. Section 25.117 of the Municipal Fire Code is hereby amended to read as follows: 25.117 Detailed Requirements for Use of Candles and Open Flame Decorative Lighting Devices The following detailed requirements will be used for guidance in the issuance of permits for candles and open flame decorative lighting devices. (a) Open Flame Decorative Lighting: (1 ) Class 1 flammable liquids shall not be used. (2) Liquid fuel lighting devices shall contain no more than three (3) ounces of fuel . (3) The device shall be so constructed so as to prevent the spilling of liquid fuel when not in an upright position. (4) The base of the device shall be adequate to prevent overturning when the base is not fastened to the; table or counter balanced by weight. (The diameter shall be at least 1/2 of the height) . (5) The flame must be completely enclosed. (1 ) Openings on the sides must not be more than 3/8 inches in diameter; (2) Openings on the top must not be more than two (2) inches in diameter. (6) Any shade must be made of fire-resistive materials and securely attached to the lamp. (7) There shall be a minimum of two (2) inches between the top of the flame and the top opening of the device. (b) Candle Holders -- Basic Requirements: (1 ) The diameter of the base must be at least one-half the height of the candle or candle holder-or weighted to-prevent overturning. (2) The base must support the light or lamp on the entire perimeter. The use of legs is not permitted unless the lamp is stable. (3) The flame must be completely enclosed. Openings on the sides must not be more than 3/8 of an inch in diameter. Openings on the top must not be more than two (2) inches in diameter. (4) All materials, except the candle itself shall be made of non- combustible materials. (5) The candle must be located in the holder so that there is a minimum of two (2) inches between the top of the flame and the top opening of the candle holder. (c) Candles Used in Connection with Religious or Ritualistic Ceremonies: (1 ) Candles used in churches, lodge halls and similar places shall be limited to areas out of the reach or way of the occupants using the area. (2) Candelabra with lighted candles shall be securely fastened in place so that they cannot tip over. They shall be located away from occupants ' use area and away from possible contact of drapes , curtains, or other combustibles. Ord. No. 1155 Page 3 25.117 (Cont'd. ) (3) Where in the opinion of the Chief, adequate safeguards have been taken, hand held candles may be permitted when required for re- ligious purposes. Hand held candles shall not be permitted by persons under 12 years of age. SECTION 4. Section 10.309(b) of the Municipal Fire Code is amended to read as follows: 10.309(b) Automatic Sprinkler Systems In every building hereafter constructed of Group A, B, E, R, H, I and M 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 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. 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 has adopted 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 meetings, 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 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. 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. 7 a 3 Ord. No. 1155 7 a 4 Page 4 (Cont'd) ADOPTED THIS 17th DAY OF February 1982• AYES: Councilmembers Field, Ortner, Rose and Mayor Doyle NOES: None ABSENT: None ATTEST- CITY OF PALM/S�PPRRIN S, CALIFORNIA By: / �T�%— �—�(� VI/Ci r9 Deputy City Clerk Mayor REVIEWED AND APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1155 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 17th day of February, 1982, and that same was published in THE DESERT SUN, a newspaper of general circulation on February 26, 1982. JUDITH SUMICH City Clerk ORDINANCE NO. 1156 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRESCRIBING CONSTRUCTION SITE AND BUILDING DIVISION ADMINISTRATIVE REGULATIONS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 14.04.020 (2) of the Palm Springs Municipal Code is hereby amended to read: (2) NORTH-SOUTH AXIS. The westerly section line of Sections two, eleven, fourteen, twenty-three, twenty- six, and thirty-five in Township Four South, Range Four East, San Bernardino Base and Meridian, and the prolonga- tions thereof. (Prior code SS7112--7112.2) . Exception: The NORTH-SOUTH AXIS between Vista Chino Drive and Ramon Road shall be Palm Canyon Drive. 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 17th day of February , 1982• AYES: Councilmembers Field, Ortner, Rose and Mayor Doyle NOES: None ABSENT: None ATTEST: CITY OF P LM SPRINGS, CALIFORNIA By Q 1 (. ,� Deputy City Clerk j``,J1'-Mayor REVIEWED & APPROVED PL I HEREBY CERTIFY that the foregoing Ordinance 1156 was adopted by the City Council of the City of palm Springs, California, in a meeting thereof held on the 17th day of February, 1982, and that same was published in THE DESERT SUN, a newspaper of general circulation on February 26, 1982. � 7 JUDITH SUMICH City Clerk 7b /i I %�/ �' i ORDINANCE NO. 1157 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY REZONING PROPERTY ON THE NORTHEAST CORNER OF RAMON ROAD AND BOGIE ROAD FROM "O" (OPEN LAND) TO M-1-P (PLANNED INDUSTRIAL PARK). 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 Change The parcel of property legally shown on the attached Exhibit "A" is rezoned from "O" (Open Space) to "M-1-P" (Planned Research & Development Park). 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 3rd day of March , 1982. AYES: Councilmembers Ortner, Rose and Mayor Doyle NOES: Councilmember Field ABSENT: None ATTEST: \� CITY F PALM SPRIN S, CALIFORNIA BY /LCity Clerk Mayor ( REVIEWED & APPROVED:,MCP_ I HEREBY CERTIFY that the foregoing Ordinance 1157 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of March, 1982, and that same was published in THE DESERT SUN, a newspaper of general circulation, on March 10, 1982. CC _.. � L4JUDITH SUMICII /' City Clerk 6 a 1 WP ( 6 a 2 S�IVEP,SIbE W. p rJON-hurt (ov ErJANT zor1E I V P �qN :roAqul N DIZIV E P I 3 MISSION VRl 6. J� •� ��•Q RIVERSIDE !�. I I3zI ' I RIVERSI>E Cam. GINANGE Of ZONE 0 Tv M-Fp 5I. I A&KIIES[461nm116 Q � II W RAMON KOAP '- �\, � It ,�4 GITY l-IMIT'S ' v EX4-11C�1 i "PA 9 � 8061E s --1 KoAD 0 ULTRASYSTEMS 1955 65 CNEL CONTOUR-NO NEW �y.� IIESIDENTIAL CONSTRUCTION WITH E%CErTION O �bJC/•r Of LOTS OF RECORD WITHIN SECTIONS CYf�dC p'T'�/ I, T.43. RAE_ 19. TAS. R.5E Kv / P SVC�f LM1 M CITY OF PALM SPRINGS CASE NO. 5.0160-CZ APPROVED BY PLAN. COMM. DATE APPLICANT Hainier Smith/Golden APPROVED OY COUNCIL DATE 3/3/82 17 eEMARKS EQui .Properties ORD. N0. 1157 RESOD NO. ORDINANCE NO. 1158 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING ZONING ORDINANCE TEXT AS IT RELATES TO ESTABLISHING A LISTING OF ACCEPTABLE USES WITHIN VARIOUS CITY FACILITIES LOCATED IN "O" ZONES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 92 of the Palm Springs Zoning Ordinance, relating to uses allowable in the "O" Zone is hereby expanded and amended as follows: 9224.01-A-5. Governmental public facilities and activities and functions normally associated with such facilities. A list of acceptable activities and functions shall be established for each public facility in the city and adopted by resolution of the Planning Commission. 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 3rd day of March , 19B2. AYES: Councilmembers Ortner, Rose and Mayor Doyle NOES: Councilmember Field ABSENT: None ATTEST: CITY OF A M SPRINGS, CALIFORNIA By _ I 1 City Clerk Mayor REVIEWEDD & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1158 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of March, 1982, and that same was published in THE DESERT SUN, a newspaper of general circulation, on March 10, 1982. JUDITII SUMICH City Clerk 6 b ORDINANCE NO. 1159 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY REZONING CERTAIN PROPERTIES OF INDIAN TRUST LAND IN SECTION 12 AND 14, T4S, R4E AND SECTION 18, 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 parcels of property legally shown on the attached Exhibits "A" through "C" 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 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 accordig to law, to be ' published in accordance with law. ADOPTED this 17th day of Match 1982. AYES: Councilmembers Field, Rose and Mayor. Deyle NOES: None ABSENT: None ABSTAIN: Councilmember Ortner ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk Mayor REVIEWED & APPROVED: NOD r WP I HEREBY CERTIFY that the foregoing Ordinance 1159 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 17th day of March, 1982, and that same was published in TIIE DESERT SUN, a newspaper of gen- eral circulation on March 27, 1982. JUDITH SUMICH City Clerk 5 a 1 5 a 2 rj MA - 1 -P 20 R B c I-C -M 1 200- XPI *j 0 .c Iil R-1-C c I-C 1.L P D. ALVJC T59 F_ F1 P Fnll 5 EXHIBIT "A" CITY OF PALM SPRINGS SE NO. Case 5.0197/5.0198 APPROVED BY PLAN. COMM. DATE PLICANT Indian Land Appeal APPROVED BY GOUNGIL DATE 3/178-2 MARKS Section 12 ORD. No. 1159 1 RESOL. 00. ,Fyn k k� I. ALL TO f G q- . i J Ir ILI IL R-G-A(8 .�' R-G (e) R-G-A(G) Lo a L L R-4' LL _ a JI a-,-vP to c.x I L R Y • - -L3Rex Ji.4-v _ - y� u IL N.1-V- n� VP I�� 11.,-VP ,,,��� R-1-VP IL ILA I. y IL. IL. I �� y'=V- C.I I I, C-PA-A C-I-A.A -.C-1-A.A C-I-A.A _ LL IL L. .� � t ) IL. IL 1 C-I-AA C-I.A.A 'C-1-A-A ....:• ...- C-1.A-A I-`" " IL LL LL LL. LL. RI .� n./.VP LL n-,-VI I, n J 4Y1 -J n. .VP I ...L L. . I- J . a nL♦n IIL .L. y ., R-G-A(8)y-iu� ,ioy�L - u ,Ili - f �<.x R 4 VP (.L. �� a Iv n-•-vn R•2 R-2' IATO C— I Previously changed by Council . ) EXHIBIT 11B" G ITY OF PALM SPRAGS 5 a ; CASE NO. Case 5.0197/5.0198 APPROVED BY PLAN. COMM. OA'6'IE APPLICANT Indian Land Appeal APPROVIEO BY COUWCIL �1ATE 3(17/82 REMARKS Section 14 ORD. NO. 1159 RESOL. NOo 7 a 47 HE Vol' I No\1 j 0 R-5 R-2 LL AMON_ L cc) - ALL TO Mml EXHIBIT "C" CITY OF PALM SPRINGS SE NO. Case 5.0197/5.0198 APPROVED SY PLAN. COMM. DATE PLICANT Indian Land Appeal APPROVED . BY COUNCIL DATE 5/17/92 MARKS Section 18 ORD. NO. IFI_T__FR_ESOL. NO. ORDINANCE NO. 1160 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 6.07, REGULATION OF FOOD HANDLERS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CA,LIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . That there is hereby added to Title 6 of the Municipal Code of the City of Palm Springs, Chapter 6.07, Regulation of Food Handlers, to read as follows: 6.07 Regulation of Food Handlers. 6.07.010 Definitions. As used in this Chapter, the following words and phrases shall have the following meanings: (a) 'Food Worker's Certificate' shall mean a statement issued by the Health Officer certifying that a person has satisfactorily demonstrated his or her competency in food sanitation principles and practices. (b) 'Food Worker's Manual ' shall mean the manual prepared and distributed to food handlers by the Health Officer that describes acceptable procedures and sanitary practices as it pertains to the retail food service industry. c) 'Health Officer' shall mean the Health Officer of the City of Palm Springs or such other person or persons as are duly authorized by law to perform the duties of the office of health officer for the City. 6.07.020 Food Worker's Certificate Required. No person shall engage or serve in any work, occupation or employment which requires or occasions the handling of any food, liquid or material intended for food or drink for human consumption or the handling of any dishes or other articles used in the preparation or service of food or drink for human consumption, who does not hold or produce a Food Worker's Certificate as required by this Chapter within 14 days after engaging or serving in such work, occupation or employment, or knows or reasonably believes that he or she is infected with active communicable tuberculosis, and no owner, manager or agent of such owner, or person in charge of any establishment or business shall retain in the employ thereof for the performance of such services, any person who does not hold and produce a Food Worker's Certificate as required by this Chapter within 14 days after such person engages or serves in such employment or any person known or reasonably believed to be infected with active communicable tuberculosis. 6.07.030 Exem tion. Any person who engages or serves or seeks employment re ating to domestic or household work or to temporary, occasional or intermittent functions of bona fide religious, charitable or public service organizations, including fraternal organizations, veterans' organizations, established youth organizations, parent-teacher associations, or students in public or private schools under the age of 16 engaged in school food operations, and civic or community organizations or groups, the primary purpose of which is the betterment of the cultural , social or economic welfare and 5 a 1 5 a 2 Ord. 1160 Page 2 environment of the community, shall be exempt from the pro- visions of Section 6.07.020 of this Chapter. 6.07.040 Application for Food Worker's Certificate Any person who is engaged or intends to engage in an occupation or employment for which a Food Worker's Certificate is required by Section 6.07.020 of this Chapter shall file with the Health Officer an application for such certificate or a renewal thereof in such form as the Health Officer may require, which application shall be accompanied by a nonre- fundable fee in an amount as specified by Resolution of the City Council; provided, however, students engaged in school food operations are exempted from this program. 6.07.050 Qualifications for Food Worker's Certificate To qualify for the issuance or renewal of a Food Worker's Certificate required by Section 6.07.020 of this Chapter, the applicant shall have demonstrated his or her knowledge of acceptable practices in the sanitary preparation, service, storage, distribution and sale of food and beverages and the proper sanitation of equipment and facilities. Such demon- stration of knowledge shall be by satisfactorily passing an examination conducted by the Health Officer on such subjects, based on the practices and procedures set forth in the Food Worker's Manual . A copy of the latest edition of said manual shall be made available by the Health Officer to those persons applying for a Food Worker's Certificate or renewal ' thereof. 6.07.060 Issuance of Food Worker's Certificate When qualified pursuant to Section 6.07.050 of this Chapter, the applicant shall be issued a Food Worker's Certificate con- taining the following information: certificate number, name, home address, expiration date and attesting signature. Such certificate shall expire two (2) years after the date it was issued. Any person whose health, in the opinion of the Health Officer, requires further investigation may be issued a temporary Food Handler's Certificate at the discretion of the Health Officer for a period not to exceed three months, during which time such investigation shall be carried out to determine whether or not active communicable tuberculosis is present. 6.07.070 Duplicate Food Worker's Certificate A dupli- cate Food Worker's Certificate, for good cause, may be issued by the Health Officer for a fee in the amount as specified by Resolution of the City Council . 6.07.080 Revocation of Food Worker's Certificate The Food Worker's Certificate may be revoked by the Health Officer upon evidence indicating repeated or continuing vio- lations of accepted practices and procedures in the preparation, service, storage, distribution, or sale of food or beverages, or upon evidence indicating falsification of information required for issuance of such certificate, or an infectious condition creating a hazard to the public or co- workers. 6.07.090 Appeal . Any person who has an application for a Food Worker's Certificate denied by the Health Officer or who has had such a certificate revoked by the Health Officer, may appeal such denial or revocation by filing with the City Clerk within ten days after the date of such denial or revocation, a written notice of appeal briefly setting forth Ord 1160 Page 3 the reasons why such denial or revocation is not proper. The Clerk shall give notice of the time and place of the hearing to the appellant. Such appeal shall be heard by the City Council which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. 6.07. 100 Display of Food Worker's Certificate. Any person required to have a Food Worker's Certificate shall immediately submit such certificate to his or her employer. It shall be the duty of every such employer to keep on con- tinuous display at the place of employment the Food Worker's Certificates of all such persons employed or engaged therein, and to display therewith a current list of all such persons therein engaged or employed for comparison with such certifi- cates. Upon termination of employment, each unexpired certi- ficate shall be returned to the holder. 6.07.110 Violation. Any person violating any of the provisions of this Chapter shall be guilty of an infraction and upon conviction thereof shall be punished by: (1 ) a fine not exceeding $50 for the first violation; (2) a fine not exceeding $100 for the second violation within one year; or (3) a fine not exceeding $250 for each additional violation within one year. Each day such violation is committed or ' permitted to continue shall constitute a separate offense. 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 21st day of April 1982. AYES: Councilmembers Doyle, Foster, Maryanov, Ortner and Mayor Bogert NOES: None ABSENT: None ATTEST: f CITY OF PALM SPRINGS, CA IF'O 3A Ely City Clerk I —Mav­br-� REVIEWED & APPROVED: J��y WP I I HEREBY CERTIFY that the foregoing Ordinance 1160 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 21st day of April, 1982, and that same was published in THE DESERT SUN, a newspaper of general circulation on April 218, 1982., SUDITH SUMICH �_. City Clerk ORDINANCE NO. 1161 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING ORDINANCE 1108, AND AMENDING THE ZONING MAP BY APPROVING A PLANNED DEVELOPMENT DISTRICT IN-LIEU OF A CHANGE OF ZONE FOR A PROFESSIONAL OFFICE COMPLEX ON THE SOUTHWEST CORNER OF CAHUILLA ROAD AND TAHQUITZ-MCCALLUM WAY, SECTION 15. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Ordinance 1108 relative to Case 5.0133-PD-103 is hereby repealed. SECTION 2. Pursuant to Section 9406.00-B-5d of the Palm Springs Zoning Ordi- nance, the official zoning map of the City of Palm Springs, referred to here- in, is hereby amended as follows: Planned Development District in-lieu of change of zone. The parcel of property legally shown on Exhibit "A" is approved as Planned Development District 122, specifically for a professional office complex in accordance with preliminary plot plan on file in the Depart- ment of Community Development, Case 5.0158-PD-122. SECTION 3. EFFECTIVE DATE, This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. EXPIRATION. This Ordinance shall expire without further action on the part of the City Council six months after the approval , by resolution, of final development plans by the City Council unless the project has commenced construction or an extensi,an of time has been granted by the City Council . 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 2nd day of June 1982. AYES: Councilmembers Doyle, Foster, Maryanov, Ortner and Mayor Bogert NOES: None ABSENT None ATTEST:— CITY OF PALM SP CALIFO By(( City Clerk 7r REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1161 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 2nd day of June, 1982, and that same was published in THE DESERT SUN, a newspaper of general circulation on June 14, 1982. JJUDITH SUMICH City Clerk T/-\NQU IT Mg- GALL.UM WAY I a d k � J N J T d � v AOTO PAW' DOWN F I a I w tr 0 TAHQUITZ McCALLUM WAY 0 79-1 Z 0 O SUBJECT PROPERTY e 4 J � U Q O. G ITY OF PALM _ SPRINGS CASE NO. 5.0158-PD-122 APPROVED BY PLAN. COMM. DATE APPLICAW Christian Assoc./L. Hess J, APPROVED BY COUNCIL DATE REMARKS ORD. NO. RESOL. 140. ORDINANCE NO. 1162 AN ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA, ADDING SECTION 1. 01. 230 TO THE PALM SPRINGS MUNICIPAL CODE, ADOPTING SECTION 1094. 6 OF THE CODE OF CIVIL PRO CEDURE WHICH LIMITS THE TIME FOR ADMINIS- TRATIVE MANDAMUS PROCEEDINGS TO NINETY DAYS FROM THE DATE ON WHICH AN ADMINIS- TRATIVE DECISION BY THE CITY OF PALM SPRINGS BECOMES FINAL. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1. Chapter 1. 01 of the Palm Springs Municipal Code is hereby amended by adding thereto a new section to be numbered 1. 01.230 and reading as follows: 1. 01. 230 Adoption of Section 1094. 6 of the Code of Civil Procedure. A. The provisions of Section 1094. 6 of the Code of Civil Procedure shall be applicable to decisions of the Mayor and City Council and of any commission, board, officer or agent of the City of Palm Springs. B. As used in this section "decision" means an adjudica- tory administrative decision made, after hearing, sus- pending, demoting, or dismissing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retirement benefit or allowance. 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 15th day of September 1982 AYES: Couucilmembers Doyle, Foster, Maryanov, Ortner, and Mayor Bogert NOES: None ABSENT: None ATTEST:_ li CITY OF PALM S ZPGS, CALI OR A By ,r City Clerk May REVIEWED & APPROVED k I HEREBY CERTIFY that the foregoing Ordinance 1162 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of September, 1982, and that same was published in THE DESERT SUN, a newspaper of general circulation on September 23, 1982. 11/JUDITH SUMICH City Clerk ORDINANCE 1163 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING SECTION 9309.00(F) OF THE PALM SPRINGS ZONING ORDINANCE (NO. 687) RELATING TO PREREQUISITES FOR ISSUANCE OF BUILDING PERMITS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1 . Section 9309.00(F) of the Palm Springs Zoning Ordinance (No. 687) is hereby amended to read as follows: "F. No building permit shall be issued for the erection or use of any structure or part thereof, or for the use of any land which is not in accordance with the provisions of this ordinance and in conformity with the approved site plan, or conditional use permit, or planned development district where required by this ordinance; nor s a I I any ui ing permit e issued if the issuance thereof is not in con for wit a po ides an proce ures esta is e y or finance or reso ution o t e ;itT�ounci pertaining to t e issuance o uilding permits, whether or not sucn policy or -procedure is otherwise ma e part o this zo m ng or finance. Any permit issued contrary to t e provisions o t is or finance or not in conformity with approved site plan, or conditional use permit, or planned development district shall be void and of no effect. " SECTION 2. PUBLICATION. The City Clerk is hereby ordered an 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 September , 1982. AYES: Councilmembers Doyle, Foster, Maryanov, Ortner and Mayor Bogert NOES: None ABSENT: None ATTEST: - CITY OF PALM SPR CALIF RNIA By V( _ i ity Clerk ay REVIEWED & APPROVED lk I HEREBY CERTIFY that the foregoing Ordinance 1163 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of September, 1982. and that same was published in THE DESERT SUN. a newspaper of general circulation on September 23, 1982. ATJDITH SUMICH City Clerk 3 b ORDINANCE NO. 1164 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9306.00.D.l.o. OF ZONING ORDINANCE 687 REVISING THE STANDARDS FOR HOTEL PARKING, CITYWIDE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. SECTION 9306.00.D.l.o of the Palm Springs Zoning Ordinance relating to hotel parking standards, is hereby amended, to read as follows: 9306.00.D.l.o. Hotels and Clubs. 1. There shall be provided one garage, carport, or open parking space as an accessory for each of the first fifty (50) guest rooms in any establishment. 2. Establishments with more than fifty (50) guest rooms shall provide 0.75 garages/carports, or open parking space as an accessory for each guest room in excess of 50. Resort hotels and resort hotel complexes shall comply with the following additional standards: 3. One parking space shall be provided for every sixty (60) I square feet of gross floor area of dining room, bar, and dancing areas, and places where the public is served. As an alternative where seating can be determined, one parking space for every five (5) seats shall be provided. An additional 20% of the above required parking spaces shall be provided for the use of the employees. 4. Commercial accessory uses shall provide one parking space for each employee. 5. Parking for places of public assembly such as auditoriums, exhibition halls, theaters, convention facilities, meeting rooms, and other places of public assembly (excluding foyers, corridors, restrooms, kitchens, storage, and other areas not used for assembly of people) shall be based on the following standards: a. Up to thirty (30) square feet of the above ancillary facilities may be provided per each guest room without providing additional parking. b. Public assembly floor area in excess of 30 square feet per guest room shall provide off-street parking at the ratio of one space for each 30 square feet or one space for each six seats if the seats are fixed. The parking shall be arranged according to Section 9306.00.E. of the Zoning Ordinance or a parking plan approved by the Planning Commission. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. 8 b 1 8 b 2 Ord. No. 1164 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 3rd day of November 1982• AYES: Council-members Doyle, Foster, Maryanov and Mayor Bogert NOES: None ABSENT: Councilmember Ortner ATTEST: CITY OF PALM SPRINgS, CALIF�A,R IA City C erk ✓ r May4 � REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1164 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of November, 1982, and that sam$�uas published in THE DESERT SUN, a newspaper of general circulation, on November 12, 1982. ' JUDITH SUMICH City Cleric ORDINANCE NO. 1165 AN INTERIM ORDINANCE OF THE CITY OF PALM SPRINGS TO PROHIBIT THE IN- STALLATION OF VIDEO ELECTRONIC GAMES WITHIN THE CITY. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1. The installation of video electronic games within the City of Palm Springs, California, is hereby prohibited. SECTION 2 . This ordinance is adopted as an urgency measure pursuant to the authority of Section 65858 of the Government Code of the State of California. A comprehensive zoning pro- posal regulating video electronic games is now being considered by the City Planning Commission. This zoning proposal will define those zoning districts where video electronic games will be permitted and those zoning districts where video electronic games will be prohibited and will regulate the intensity of their use. This ordinance will prevent uses from being established which may become non- conforming uses when the zoning proposal now being considered is enacted. I SECTION 3 . EFFECTIVE DATE: This ordinance shall be in full force and effect immediately upon adoption by at least four- fifths vote of the City Council. SECTION 4 . PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertise- ment, duly prepared according to law, to be published in accordance with law. ADOPTED this 2gth day of September , 1982 • AYES : Councilmembers Doyle, Foster, Maryanov, Ortner and Mayor Bogert NOES : None ABSENT: None ATTEST CITY OF PALM SPRI CALIFORNIA By � City Clerk r apor�, REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1165 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 28th day of September, 1982, and that same was published in THE DESERT SUN, a newspaper of general circulation, on October 4, 1982. "<D1 lJity UDITH SUMICH Clerk ORDINANCE NO. 1166 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO REGULATE THE USE OF VIDEO- AMUSEMENT ARCADES THROUGHOUT THE: CITY. THE .CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9316).00 relating to video-amusement arcades is hereby added to the Palm Springs Zoning Ordinance, to read as follows: Section 9316.00 Video-Amusement Arcades A. DEFINITIONS - For the purposes of this Section, the following definitions shall apply: 1. Video-amusement machine shall mean any machine, device, or game upon which the insertion of a coin, slug, token, etc. or by paying therefore in advance or after use permits a person/persons to use the device as a game, contest of skill, or amusement whether or not registering a score which may cause a person/persons of the same to secure some amusement, enjoyment, entertainment or information and which is not a gambling device or a device which tends to encourage gambling. It shall include, but not be limited ' to, such devices as electronic or mechanic game machines, pinball machines, skillball, bowling machines, or any other mechanical or electronic or operation similar thereto under whatever name they may be indicated. This definition does not include coin operated pool tables, merchandise vending machines, telephone, or television. 2. Primary and secondary uses shall mean any location where five (5) or more video-amusement machines are placed on a premise. 3. Accessory use shall mean any location where four (4) or less video-amusement machines are placed on a premise. B. VIDEO-AMUSEMENT ARCADES AS A PRIMARY OR SECONDARY USE 1. ZONES IN WHICH PERMITTED: CONDITIONAL USE PERMIT REQUIRED Video-amusement arcades as a primary or secondary use shall be permitted in C-D-N, C-1, G-2, CSC, and 0 zones subject to the requirements of a conditional use permit. Video- amusement arcades as a secondary use shall be permitted in conjunction with resort hotels in R-2, R-3, . R-4, R-AVP, CBD and CIAA Zones subject to the approval of a conditional use permit. 2. VIDEO-AMUSEMENT ARCADE CONDITIONAL USE PERMIT. The requirements of a conditional use permit shall be met and for a video-amusement arcade, the following shall apply: a. Primary uses 1. There shall be permitted one video-amusement machine for each fifteen (15) square feet of public floor space. Fifteen square feet shall include the space occupied by the machine. Ord. No. 1166 Page 2 2. One parking space shall be provided for every eight (8) video-amusement machines. 3. No noise or vibration that is detectable without the aid of any mechanical device or instrument shall be allowed beyond the outer perimeter of the building. 4. The operator shall furnish proof, satisfactory to the Director of Community Development, that the Palm Springs Unified School District has been notified of the location of the video arcade and of the person responsible for the management thereof; and such operator shall reasonably cooperate with school district authorities performing duties affected by operation of the video arcade. 5. No arcade shall be located within a one-thousand (1,000) foot radius to any public or private grade school (Grades K-12) . 6. Any additional constraints determined by the Planning Commission or City Council shall be complied with. b. Secondary uses shall be subject to all conditions of a ' primary use and the following: 1. There shall be no outdoor advertising or signing of the secondary use. 2. The floor area devoted to the secondary use shall not exceed fifty (50) percent of the public Floor area of the public floor area of the building. C. VIDEO-AMUSEMENT MACHINES AS AN ACCESSORY USE 1. ZONES IN WHICH PERMITTED: COMMUNITY DEVELOPMENT DIRECTOR APPROVAL REQUIRED. Video-amusement machines as an accessory use to a conforming, established use shall be permitted in all commercial and -industrial zones, hotels, and private and public clubhouses except as provided herein. Accessory uses shall be approved in writing by the Community Development Director or his designee prior to the issuance of a business license. The following requirements shall also apply: a. There shall be no outdoor advertising or signing of the accessory use. b. The floor area devoted to the accessory use shall not impinge or obstruct normal pedestrian traffic within the building and shall not exceed ten percent of the public floor area of the primary business. C. No noise or vibration that is detectable without the aid of any mechanical device or instrument will be allowed beyond the outer perimeter of the location. d. No additional parking shall be required for an accessory use. Ord. No. 1166 Page 3 e. Any further constraints reasonably determined by the Director of Community Development to be necessary to conform the accessory use to the premises. A determination by the Director of Community Development pursuant to this Section shall be appealable to the Planning Commission. D. AMORTIZATION OF EXISTING USES Any use which is nonconforming as defined by this Chapter shall be removed or be brought into conformance with this Chapter within one year of the effective date of this Section. SECTION 2. Sections 9215.01-B-3, 9216.01-B-11, 9218.01-C-10, 9224.01-C-2, and 9227.01 -B-(7) are hereby added to read as follows: "Video amusement arcades as a primary use subject to the provisions of Section 9316.00. " SECTION 3. Sections 9215.01-B-4, 9216.01-B-12, 9218.01-C-11, 9224.01-C-3, and 9227.01 -B-(8) are hereby added to read as follows: "Video amusement machines as a secondary use subject to the provisions of Section 9316.00." SECTION 4. Sections 9215.01-A, 9216.01-A, 9217.01-A, 9218.01-A, 9219.01-A, 9220.01-A-6, 9221.01-A-8, 9224.01-A-7, and 9229.01-A are hereby addd to read as follows: "Video amusement machines as an accessory use subject to the provisions of Section 9316.00. " SECTION 5. Sections 9209.01 C13 9210.01-C•.19, 9211.01-C-7, 9212.01-C-7, 9217.01-C-4 and 9229.01-B are hereby added to read as follows: "Video amusement arcades as a secondary use -n conjunction with a resort hotel subject to the provisions of Section 9216.00. " SECTION 6. Sections 9209.01-A-5, 9210.01-A-6, 9211.01-A-6, 9212.01-A-8, 9217.01-A, and 9229.01-A are hereby added to read as follows: "Video amusement machines as an accessory use subject to the provisions of Section 9316.00." SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. , 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 17th day of November 1982. AYES: Councilmembers Doyle, Foster, Maryanov, Ortner-Kubler and Mayor Bogert NOES: None ABSENT: None ATTEST: _ �- CITY OF PALM SPRINGS;CALiFORdN-1 d " By City Clerk /,/dyor REVIEWED & APPROVED: -� WP I HEREBY CERTIFY that the foregoing Ordinance 1166 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 17th day of November, 1982 and a summary of same was published in THE DESERT SUN, a newspaper of general circulation on November 13, 1982 and November 24, 1982. �UDITH SUMICH City Clerk ORDINANCE NO. 1167 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.74 TO THE PALM SPRINGS MUNICIPAL CODE, REGULATING NOISE ' SOURCES THROUGHOUT THE CITY. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.74 is hereby added to the Palm Springs Municipal Code regulating noise sources throughout the community and reading as follows: Chapter 11.74 NOISE ORDINANCE Sections: 11.74.010 Declaration of Policy. 11.74.020 Definitions 11.74.030 Fixed and Nonstationary Sources 11.74.031 Noise Level Limits 11.74.032 Time Duration Correction Table 11.74.033 Noise Measurement Procedure 11.74.034 Maximum Permissible Sound Levels by Receiving Land Use 1.1.74.035 Maximum Permissible Dwelling Interior Sound Levels 11.74.040 General Guidelines 11.74.041 Controlled Hours of Operation 11.74.042 Construction 11.74.043 Loud and/or Unusual Noises 11.74 .050 Exceptions 11.74.051 Pre-existing Noise Sources 11.74.052 Infractions 11.74.053 Continuing or Subsequent Violations - Misdemeanor 11.74.054 Severability 11.74.010 Declaration of Policy. It is hereby declared to be the policy of the City of Palm Springs to reduce noise in the community and to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. At certain levels, noise can be detrimental to the health, wel- fare, safety and quality of life of the citizenry and in the public interest it shall be restricted. In order to implement the goals of the Noise Element of the City°s General Plan and adopt a comprehensive noise ordinance to prohibit unwanted and unnecessary sounds of all types within the community, this Chapter has been created. This Chapter shall be referred to and cited as the "Palm Springs Noise Ordinance. " 11.74.020 Definitions. Terminology used in this Ordinance shall be in conformance with definitions in the Palm Springs Zoning Ordinance and is I defined herein as follows: "Ambient Noise Level " means an existing level of all encompassing noise associated with a given environment, usually a composite of sounds from many sources near and far, without inclusion of intruding noises from isolated identifiable sources; 4 a 2 Ord. No. 1167 Page 2 "A-Weighted Sound Level " means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA; "Commercial Area" means land utilized for business purposes other than residential or industrial uses; "Day" means the time period from 7 a.m. to 10 p.m. ; "Decibel (dB)" means a unit for measuring the volume of a sound equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals; "Emergency Work" means any work performed necessary to restore property to a safe condition due to property damage threatened or caused by an emergency; "Enforcement Officer" means the Building & Safety Director or his designee who may enforce the provisions of the Chapter; "Equivalent A-Weighted Sound Level (Leg) " means the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound for a given period of time. For the purposes of this Ordinance, an eight (8) hour period of time; "Fixed Noise Source" means a stationary device which creates sounds, including but not limited to agricultural , commercial , industrial, and residential machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment; "Gross Vehicle Weight Rating (GVWR)" means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used; "Impulsive Sound" means a short duration sound of one ( 1 ) second or less with an abrupt onset and rapid decay (includes explosion, drop forge impact, or firearm discharge) ; "Intrusive Noise" means a sound which intrudes over and above the existing ambient noise level at a given location; "Mobile Noise Source" means any noise source other than a fixed source; "Motor Vehicles" means any and all self-propelled vehicles, on or off-road, subject to identification under California Vehicle Code; "Muffler or Sound Dissipation Device" means a device for abating the sound of escaping gases of an internal combustion engine; "Night" means the time period from 10 p.m. to 7 a.m. ; I "Noise Disturbance" means any sound which (a) endangers or injures the safety or health of humans or animals, or (b) annoys or disturbs a reasonable person of normal sensitivities, or (c) endangers or injures personal or real property; Ord. No. 1167 Page 3 "Noise Sensitive Areas" means quiet zones of the City which contain more sensitive activities. Existing quiet zones shall be considered noise sensitive areas until otherwise designated; "Person" means any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or entity public or private; "Powered Model Vehicle" means any self-propelled airborne, waterborne, or landborne plane, vessel , or vehicle, which is not designed to carry persons, including but not limited to, any model airplane, boat, car or rocket; "Residential Area" means land which is utilized or zoned for residential purposes; "Sound Amplifying Equipment" means any device used for the amplification of the human voice, music or any other sound. Excluded are standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is held or installed. Also excluded are warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes; "Sound Level Meter" means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for Type S2A meters in American National Standards Institute specifications for sound level meters, S1 .4-1971, or the most recent revision thereof; 1 "Sound Truck" means any motor vehicle, or other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment; "Vibration Perception Threshold" means the minimum ground, or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be pre- sumed to be a motion velocity of 0.01 in/sec over the range of 1 to 100 Hz; "Weekday" means any day, Monday through Friday, which is not a legal holiday; 11.74.030 Fixed and Nonstationary Sources. On or after the effective date of this Ordinance, unless a permit has been granted by the Board of Appeals, it shall be unlawful for any person to operate or cause to be operated, any single or combination of fixed source or nonstationary source type of equipment or machinery except construction equipment used in connection with construction operations, that individually or collectively constitute an identifiable sound source in such a manner as to cause the sound level at any point on the property line of any property to exceed by five (5) decibels or more, the noise level limits set forth in subsection 11.74.031, plus allowances for time duration in subsection 11.74.032. 11.74.031 Noise Level Limit. The noise level or sound level referred to in this Section shall mean the higher of the following: 1. Actual measured ambient noise level, or 2. That noise level limit as determined from the table in this subsection. 4 a 4 Ord. No. 1167 Page 4 Sound Level (A-weighted) Zone Time Decibels Residential 7 a.m. to 6 p.m. 50 ' Low Density 6 p.m. to 10 p.m. 45 10 p.m. to 7 a.m. 40 Sound Level (A-weighted) Zone Time Decibels Residential 7 a.m. to 6 p.m. 60 High Density 6 p.m. to 10 p.m. 55 10 p.m. to 7 a.m. 50 Commercial 7 a.m. to 6 p.m. 60 6 p.m. to 10 p.m. 55 10 p.m. to 7 a.m. 50 Industrial 7 a.m. to 6 p.m. 70 6 p.m. to 10 p.m. 60 10 p.m. to 7 a.m. 55 If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus 5 dB shall apply. 11.74.032 Time Duration Correction Table. The time duration allowances set forth in the table below shall apply to those noise level limits set forth in subsection 11.74.031 during the daytime hours. Duration of Sound dB(A) Allowance Up to 30 minutes per hour + 3 Up to 15 minutes per hour + 6 Up to 10 minutes per hour + 8 Up to 5 minutes per hour +11 Up to 2 minutes per hour +15 Up to 1 minute per hour +18 Up to 30 seconds per hour +21 Up to 15 seconds per hour +24 The provisions of this Section shall not apply to construction equipment used in connection with emergency work. 11.74.033 Noise Measurement Procedure. Upon receipt of a complaint from a citizen, or a request to investigate, the enforcement agent, equipped with sound level measurement equipment, may investigate the complaint. The investigation shall consist of measurement(s) and the gathering of data to adequately define the noise problem and shall include the following: a. Type of noise source. b. Location of noise source relative to complainant's property. C. Time period during which noise source is considered by complainant to be intrusive. d. Total duration of noise produced by noise source. e. Date and time of noise measurement survey. Ord. No. 1167 Page 5 11.74.034 Maximum Permissible Sound Levels by Receiving Land Use. 1 . The noise standards for the various categories of land use identified in Section 11.74.011 shall, unless otherwise specifically indicated, apply to all such property within a designated zone. 2. No person shall operate or cause to be operated, any source of sound at any location which causes the noise level when measured on any other property, to exceed the limits set forth in Sections 11.74.031 and 11.74.032. 3. If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus 5 dB, shall apply. 11.74.035 Maximum Permissible Dwelling Interior Sound Levels. 1 . The interior noise standards for multifamily residential dwellings as presented in the following table shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their open position. Allowable Interior Land Use Time Interval Noise Level (dBA) Multifamily 10 p.m. to 7 a.m. 35 Residential 7 a.m. to 10 p.m. 45 2. No person shall operate or cause to be operated within a dwelling 1 unit, any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed: a. The noise standard as specified in Section 11.74.035-1 for a cumu- lative period of more than five (5) minutes in any hour; or b. The noise standard plus five (5) dB for a cumulative period of more than one ( 1) minute in any hour; or C. The noise standard plus the ten (10) dB or the maximum measured ambient for any period of time. 3. If the measured ambient noise level differs from that permissable within any of the allowable interior noise level categories above, the allowable interior noise level shall be adjusted in five (5) dB increments in each category as appropriate to reflect the measured ambient noise level . 11.74.040 General Guidelines. Not withstanding the provisions of Sections 11.74.030 through 4.035, it shall be unlawful for any person to make, continue, or cause to be made or continued, within the limits of the City of Palm Springs, any loud, unnecessary or unusual noise which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The characteristics and conditions to be considered in determining a violation of the provisions of this Section include, but are not limited to the following: 1. The intensity of the noise 2. Whether the nature of the noise is usual or unusual 3. The level and intensity of the background noise 4. The proximity of the noise to sleeping facilities 4 a 5 4 a 6 Ord. No. 1167 Page 6 5. The nature and zoning of the area within which the noise emanates 6. The density of habitation of the area within which the noise emanates 7. The time of the day or night the noise occurs 8. The duration of the noise 9. Whether the noise is recurrent, intermittent, or constant; and 10. Whether the noise is produced by a commercial or non-commercial activity. 11.74.041 Controlled Hours of Operation. It shall be unlawful for any person to operate, permit, use or cause to operate, any of the following, other than between the hours of 7 a.m. to 8 p.m. : a. Powered model vehicles. b. Construction equipment (See Section 11.74.042 for further, regulations). C. Loading and unloading vehicles such as trash collectors, fork lifts or cranes within 1,000 feet of a residence. d. Domestic power tools. 11.74.042 Construction. It shall be unlawful for any person within the City of Palm Springs to operate construction tools or equipment in the perfor- mance of any outside construction or repair work on buildings, structures, or projects except in accordance with Section 8.04.220, of the Palm Springs Municipal Code. 11.74.043 Loud, Unusual Noises. The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this Section, but said enumeration shall not be deemed to be exclusive: "Mufflers or Sound Dissipative Devices" - No person shall operate or cause to be operated any motor vehicle in violation of the exhaust noise levels as established by the State of California Vehicle Code Division 12, Section 27158.5 Article 2.5. "Horns and Signaling Devices" - No person shall operate or cause to be operated any motor vehicle horn, siren, or amplification device in violation of the State of California Vehicle Code Division 12, Section 26709 Chapter 5 Article 1. "Motorized Recreational Vehicles Operating Off Public Right-of-Way" -No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of this Ordinance. "Standing Motor Vehicles" - No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of ten thousand (10,000) pounds, or of any auxiliary equipment attached to such a vehicle, for a period longer than fifteen (15) minutes in any hour while the vehicle is stationary, and on a public right-of-way or public space within one hundred fifty (150) feet of a residential area or designated noise sensitive zone, between the hours of 7 p.m. and 7 a.m. , except when movement of said vehicle is restricted by other traffic. "Vehicle or Motorboat Repairs and Testing" - It shall be unlawful for any person to repair, rebuild, modify, or test any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance on residential property. Ord. No. 1167 Page 7 "Loudspeakers/Public Address Systems" - It shall be unlawful for any person to use or operate any loudspeaker, public address system, or similar device so as to cause a noise disturbance across a real property boundary. "Hawkers and Peddlers" - It shall be unlawful for any person to sell anything by outcry within any area of the City utilized for residential or commercial purposes. This Section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and similar licensed public entertainment events or auctions. "Animals and Fowl " - No person shall keep or maintain, or permit the keeping of upon any premises owned, occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound, cry or behavior shall cause annoyance or discomfort to a reasonable person of normal sensitiveness on any residential property. (See also Section 10.28.020, Noise Disturbances by Animals. ) "Machinery, Equipment, Fans and Air Conditioning" - It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line or party wall line of any residential property to exceed the ambient noise level by more than five (5) decibels. "Vibration" - Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private ' property or a 150 feet from the source if on a public space or public right- of-way, is unlawful . 11.74.050 Exceptions. The following noise sources are specifically excluded from the provisions of this Ordinance: 1 . The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work. 2. The operation of refuse collection under franchise agreement with the City of Palm Springs. 11 .74.051 Pre-existing Noise Sources. Those commercial and/or industrial noise sources in existence prior to the date of adoption of this Ordinance, which noise sources are an integral part of a building, structure, or similar fixed and permanent installation if in compliance with local zoning statutes, shall be granted a five (5) year period from the date of adoption with which to comply with the provisions of this Ordinance. If at the end of the five (5) year period, it can be shown that compliance with the provisions herein constitutes a hardship in terms of technical and economic feasibility, the time to comply may be extended on an annual basis until such time as compliance may be affected. 11.74.052 Infractions. Any person violating any of the provisions of this Ordinance shall be deemed guilty of an infraction. 11.74.053 Continuing or Subsequent Violations - Misdemeanor. Any person having been convicted of a violation of any provision of this Chapter, who thereafter commits a violation of the same provision of this Chapter, shall be guilty of a misdemeanor. 11.74.054 Severability. If any provision of this Ordinance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the Ordinance shall not be invalidated. 4 a 7 4 a 8 Ord. No. 1167 Page 8 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 17th day of November , 1982. AYES: Councilmembers Doyle, Maryanov and Mayor Bogert NOES: Councilmembers Kubler-Ortner and Foster ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALI'N`IA"- CBy ity Clerk way, REVIEWED & APPROVED: a I HEREBY CERTIFY that the foregoing Ordinance 1167 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 17th day of November, 1982, and that a summary of same was published in THE DESERT SUN, a newspaper of general cirulation, on November 24, 1982. ' i JUDITH SUMICH City Clerk ORDINANCE NO. 1168 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTERS 8.30 AND 8.32 TO THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING A MUNICIPAL SOLAR UTILITY. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Chapter 8.30 is hereby added to the Palm Springs Municipal Code establishing a Municipal Solar Utility and reading as follows: Chapter 8.30 MUNICIPAL SOLAR UTILITY Sections: 8.30.010 Purpose. 8.30.020 Policy 8.30.030 Practices & Procedures 8.30.010 Purpose. The purpose of this Chapter is to grant authority to the City Manager of the City of Palm Springs to establish a Municipal Solar Utility in the execution of the policies set forth in this Chapter. The welfare of Palm Springs residents has been jeopardized in the past 1 by shortages of natural gas, petroleum, propane and electric power. The shortage of available energy supplies will continue during the coming decade unless measures are established to conserve the energy available for the economy and the residents of Palm Springs. 8.30.020 Policy. It is declared to be the policy of the City of Palm Springs to encourage and promote the use of solar energy in order to prevent or reduce an adverse impact upon the economy of Palm Springs and in order to prevent interruption of employment of the residents of Palm Springs in commerce and industry and in order to prevent injury to the health and welfare of the residents of Palm Springs due to the shortage and high cost of energy in their homes and places of work. It is also declared to be the policy of Palm Springs to improve the economics of solar energy use by facilitating the leasing of solar energy devices. This policy is premised on a finding that the initial cost of purchasing and installing a solar energy device is the primary economic barrier to expanded solar energy use. California law currently provides that taxpayers who lease a solar energy system from a municipal utility or from any lessor granted a permit from a municipal solar utility shall receive a tax credit for the first three years of operation or until the solar tax credit allowance terminates, whichever occurs first. It is further declared to be the policy of Palm Springs to provide consumer protection measures for residents who lease solar energy systems through the Municipal Solar Utility. 8.03.030 Practices and Procedures. The City Manager of the City of Palm Springs shall by rules and regulations establish practices and procedures designed to implement the policies set forth in this Chapter. Such practices and procedures shall be known as the "Palm Springs Municipal Solar Utility. " Revised Ord. No. 1168 Page 2 SECTION 2. Chapter 8.32 is hereby added to the Palm Springs Municipal Code establishing a MSU Leasehold Marketing Program and reading as follows: Chapter 8.32 MSU LEASEHOLD MARKETING Sections: 8.32.010 Purpose 8.32.020 Definitions. 8.32.030 Regulatory Framework 8.32.040 Consumer Protection Measures 8.32.050 Severability 8.32.060 Violations 8.32.010 Purpose. The purpose of this Chapter is to authorize establishment of the regulatory framework for the leasehold marketing of solar energy devices within the City of Palm Springs. California law currently encourages the leasehold marketing of solar energy devices within the State of California by providing tax credits to California taxpayers who lease such devices from a municipal utility or from any lessor granted a permit from a Municipal Solar Utility. Upon the establishment of the Palm Springs Municipal Solar Utility residents of Palm Springs who lease solar energy devices through such utility should be able to obtain such tax credits. However, as legal title to such solar energy devices is held by a person other than the resident-user, the latter is particularly susceptible to harm caused by consumer deception,safety hazards and the interruption of service. To help prevent such harm from occurring and to promote the economic feasibility of solar energy use within the City of Palm Springs, leasehold interests in solar energy devices may be marketed within the City's jurisdiction by complying with the provisions of this Chapter, and any rules and regulations promulgated by the City Manager or City Council of the City of Palm Springs to implement any provisions of this Chapter. Persons not participating in the Municipal Solar Utility are not subject to any of the procedures and provisions of this Chapter. 8.32.020 Definitions. The following definitions apply to those persons who will be participating in the Municipal Solar Utility. When used in 8.30 or 8.32 of this Code, unless the context otherwise requires: "Municipal Solar Utility" or "MSU" means a program conducted by a local government or its authorized agent to promote the utilization of renewable energy and energy conservation technologies. "Person" means any natural person, partnership, corporation, business trust, association, company or other legal entity„ "Solar energy device" includes equipment and materials (and parts solely related to the functioning of such equipment) that is intended to be or located on or affixed to real property within the City of Palm Springs and that uses solar energy directly to (i) generate electricity, (ii) heat or cool a building or structure, (iii) provide hot water for domeStiC service, recreational , or therapeutic purposes, or (iv) provide process heat or mechanical energy. Generally, these functions are accomplished through the use of equipment such as collectors (to absorb sunlight and create hot liquids or air), thermostats (to Revised Ord. No. 1168 Page 3 activate pumps or fans which circulate the hot liquids or air) , and heat exchangers (to utilize hot liquids or air to create hot air or water) . "Lease arrangement" means a contract between a lessee and an investor for the leasing of solar energy devices, owned by the investor and leased and possessed by the lessee, which is affixed to or located at and servicing the real property owned or occupied by the lessee. "Tax incentives" means California or federal investment tax credits, solar tax credits, accelerated depreciation, tax deferral and other tax benefits accruing through the leasehold of solar energy devices under existing state and federal tax law. "Management company" means any person serving as agent of an investor for purposes of collecting leasehold payments, making payments for obligations incurred in lease arrangements, and maintaining accounting records or collections and payments for solar energy devices. "Lease arrangement marketing company" or "leasing company" means any person advertising, marketing, placing, and arranging, pursuant to a lease arrangement, for installation and servicing of solar energy devices for a fee. "Lease arrangement installer" or "installer" means any person, properly licensed under the provisions of the California Contractors License Law, including any solar specialty license, installing, removing or servicing solar energy devices subject to a lease arrangement. "Lessee" means any person leasing a solar energy device on or affixed to the real property owned or occupied by such person. "Energy Office" or "Office" means the office, under the direction of the City Manager responsible for managing the Palm Springs Municipal Solar Utility and performing the City's obligation under Title I or Title II of this Ordinance. "City" means the City of Palm Springs. "Permittee" means any leasing company, installer or installation company, or management company that has complied with all necessary requirements and obtained a permit to participate in the MSU Solar Leasing Program. 8.32.030 Regulatory Framework. A. No person shall attempt to operate as a leasing company, installer, or management company in the Municipal Solar Utility within the City of Palm Springs without having a valid permit from the City. B. The Energy Office, consisting of the Energy Coordinator and staff, if any, under the direction of the City Manager is hereby authorized and directed to undertake the following action to develop, implement, and administer the City's MSU Solar Leasing Program. 1. Develop, in cooperation with the City Attorney, all documents necessary to administer and operate the MSU Solar Leasing Program. 1 2. Prepare application procedures and eligibility criteria I governing participation by leasing companies, installers, and management companies in the MSU Solar Leasing Program. Any entity satisfactorily meeting such eligibility criteria shall be issued an annual permit to participate in the MSU Program. Revised Ord. No. 1168 Page 4 a. As a prerequisite to application for a permit, the Energy Office may require the inspection of all appropriate records of the applicant including, but not limited to, financial information and investment transaction pertinent to determining whether or not the applicant satisfies all eligibility criteria. All financial records of the applicant shall be deemed to be private and confidential and not subject to public review. All such records of applicants not granted a permit may be returned to the applicant upon request by the applicant within 15 days of the denial of the permit. Records of all persons granted a permit shall be subject to such review and audit by other public agencies as may be required by law. b. The Energy Office shall compile a list of all firms, known as "permittees" who obtain permits to participate in the MSU Solar Leasing Program. C. The Energy Office shall develop and implement procedures to be used For revoking the permit of any permittee failing to comply with Chapters 8.30 and 8.32 of this Code and any rules and regulations promulgated to implement any sections of Chapters. All criteria and procedures proposed hereunder by the Energy Office shall be subject to review by the City Attorney and approval of the City Council . d. The Energy Office shall review and approve all lease terms proposed by leasiing companies prior to granting the leasing company a permit to participate in the MSU Solar Leasing Program. 3. Monitor and review all transactions and contractual relationships between permittees and consumers to ensure compliance with program requirements and other applicable federal, state, or local laws. 4. Prepare, in cooperation with appropriate departments and other public agencies, manufacturing, operating, maintenance, and aesthetic standards for all solar equipment to be utilized under the leasing program. 5. Assess in cooperation with the Finance Department the feasibility of developing billing procedures to be utilized in invoicing solar lessees, collecting monthly lease payments, and disbursing said payments to the relevant permittees. Such procedures may include utilization of the City's computer system or such other system as may be determinedto be cost-effective. The Energy Office will establish,- a reasonable fee to be charged to recover all costs of said billing system, and establish regulations for the operation of said billing system. Revised Ord. No. 1168 Page 5 6. Prepare any other procedures, rules, regulations, and fee schedules deemed reasonably necessary to facilitate the implementation and on-going operation of the leasing program. 8.32.040 Consumer Protection Measures. A. No person may take or use the primary residence of a lessee as security for any lease payment or other indebtedness incurred through the lease arrangement. B. Energy Office shall develop bonding requirements for leasing companies, installers, and management companies participating in the MSU Solar Leasing Program. Required bonds must be posted with the City prior to a permit being granted for participation in the program. All bonds shall be permittee bonds secured for an initial term of at least one (1) year. C. Permittee bonds shall guarantee full performance of the permittee's responsibilities as a participant in the program. Permittee bonds shall be held by the City and shall be used to compensate lessees for loss or damage suffered as a result of the permittee's failure to perform under the conditions of the permit and according to procedures set forth herein and in any rules and regulations promulgated to implement any provisions of this Ordinance. D. All solar energy devices installed under the MSU Solar Leasing Program must receive required building permits. Special fees may be established, if necessary, for solar energy devices based on type and size to defray the special inspection costs they entail . E. The City may establish an Arbitration Board to hear and resolve any controversy or claim arising out of or relating to the lease arrangement or installation of solar energy systems leased under the MSU Solar Leasing Program. If said Arbitration Board is established, all permittees and lessees must agree to use the Arbitration Board to resolve disputes, claims, or controversies. The Arbitration Board's award shall be final and binding on all parties, except as provided by state law and judgment upon the award may be entered in any court having jurisdiction thereof. 8.32.050 Severability. If any provision of Chapters 8.30 and 8.32 or their application to any person or circumstances is held invalid, the invalidity does not affect other provisions or application of Chapters 8.30 and 8.32 which can be given effect without the invalid provision or application, and to this end the provisions of this Chapters 8.30 and 8.32 are severable. I Revised Ord. No. 1168 Page 6 8.32.060 Violations. I A. Any violation of Chapters 8.30 and 8.32 may be enforced by the City in any manner provided by law, including injunctive relief. B. Except as otherwise noted herein, nothing in Chapter 8.30 or 8.32 shall be construed to prohibit any person from pursuing other remedies in law or equity. ADOPTED this 1st day of December 1982. AYES: Councilmembers Doyle, Foster, Maryanov, Ortner—Kubler & Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, .+IFORNIABy City Clerk Mayor'' REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1168 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 1st day of December, 1982, and that a summary of same was published in THE DESERT SUN, a newspaper of general circulation on November 24, 1982 and December 8, 1982. :PJUDITH SUMICH City Clerk I Wp Revised ORDINANCE NO. 1169 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 14.16 SECTION 14.16.462 (10) (ENCROACH- MENTS IN PUBLIC RIGHTS-OF-WAY) OF THE PALM SPRINGS MUNICIPAL CODE, CLARIFYING USE OF PUBLICATION VENDING MACHINES FOR ADVERTISING PURPOSES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1 . Chapter 14.16 of the Palm Springs Municipal Code relating to regulation of, and permits for, encroachments in or on public rights-of-way, is hereby amended to read as follows: 14.16.462 Publication vendin machines--Standards for installations and for continued maintenance. (10) No such machine shall be used for advertising signs or publicity purposes. A single sign to identify the name of the publication may be located on the plexiglass face of the publication dispenser. 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 1 certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs , California. ADOPTED this 1st day of December 19 82 AYES: Councilmembers Doyle, Foster, Maryanov, Ortner-Kubler and Mayor Bogert NOES: None ABSENT: None ATTEST:_ CITY OF PALM SPRINGS,,,GQ FORNIA W--- B��_--City Clerk a:_y Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1169 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the lst day of December, 1982, and that same was published in THE DESERT SUN, a newspaper of general circulation, on Djeember 81 1982. J�UDITH SUMICH City Clerk I ORDINANCE NO. 1170 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.22 TO THE PALM SPRINGS MUNICIPAL CODE REGULATING HOME OCCUPATIONS WITHIN RESIDENCES WITHIN THE CITY. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.22 relating to business regulations for home occupations is hereby added to the Palm Springs Municipal Code, to read as follows: Chapter 5.22 HOME OCCUPATIONS Sections: 5.22.010 Purpose 5.22.020 Business license required 5.22.030 Permit required 5.22.040 Permit fee 5.22.050 Regulations 5.22.060 Term and renewal of permits 5.22.070 Revocation of permit 5.22.010 Purpose. This Chapter is intended to provide for those home occupation uses customarily conducted entirely within a residential dwelling and carried on by a maximum of two (2) occupants. The use must be clearly incidental to the residential use of the dwelling and may not change the character thereof nor adversely affect the uses permitted in that zone of which it is a part. 5.22.020 Business license required. It shall be unlawful for any person to carry on any home occupation in the City without first having procured a business license and complied with any and all applicable provisions of Chapters 3.40 through 3.96 of the Municipal Code. 5.22.030 Permit required. Application for a home occupation permit shall be made to the Business License Collector. The Business License Collector shall issue a Home Occupation Use permit in addition to a business license upon determining that the proposed home occupation meets all the requirements of this Chapter and complies with all regulations of the Department of Community Development and Fire Department. 5.22.040 Permit fee. Upon initial issuance of a Home Occupation Permit, the Business License Collector shall collect a fee for the permit as determined by resolution of the City Council . 5.22.050 Regulations. A Home Occupation Permit for home occupations allowed by the provisions of this Chapter shall be granted by the Business License Collector provided the home occupation complies with the following regulations: 1) Home occupations shall be conducted within a dwelling and shall be clearly secondary to the use of the structure as a dwelling. In no instance shall one or more home occupations occupy an excess of 200 sq. ft. of living area per dwelling. I 2) A home occupation shall not be conducted in an accessory structure or garage and there shall be no storage of equipment or supplies in an accessory structure or garage or outside the dwelling. 3) There shall be no external alteration to any dwelling that would indicate the existence of a home occupation and in no case shall the home occupation be evident from outside of the dwelling. Revis^ Ord No. 1170 Page 2 4) No one other than a resident, and no more than two (2) residents of the dwelling shall be employed in the conduct of a home occupation. 5) A permittee of a home occupation shall not advertise that occupation in a manner which encourages pedestrian or vehicular traffic to the premises. 6) No motor or motorized tool shall exceed one (1) horsepower and the total horsepower of such motors shall not exceed two (2) horsepower. 7) A home occupation shall not create any radio or television interference or create noise audible from outside of the dwelling. 8) No smoke, odor, liquid, vibration, or solid waste shall be emitted from the dwelling. There shall be no discharge into the sewer system in violation of any applicable Government Code. 9) All truck and other vehicular storage or parking shall comply with the provisions of Section 9306.00-B-6 of the Palm Springs Zoning Ordinance. 10) A home occupation shall not be permitted if it causes any increase in pedestrian or vehicular traffic. 11) No retail or wholesale sales or service type businesses shall be conducted on the premises if on-site contact with the public occurs. 12) All displays, signs, and/or on premises advertisements shall be prohibited. Signs affixed to vehicles shall comply with Section 8160.21 of the Palm Springs Sign Ordinance. 13) There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes. 14) There shall be no use or storage of dangerous chemicals, acids, caustics, explosives or otherwise hazardous equipment or materials. 5.22.060 Term of permits. All permits for home occupations shall continue in existence until abandoned or revoked. The permits shall be non- transferable. 5.22.070 Revocation of Permit. If the Business License Collector determines that a home occupation is being conducted in violation of the provisions of this chapter he shall cause a notice of violation and revocation of permit to be mailed, by certified mail, to the permittee at the address shown on the Home occupation permit. Said notice shall contain the following information: I 1) The name and address of the permittee; 2) The nature of the alleged violation; 3) The section of this chapter which is deemed violated; 4) That the Home Occupation Permit shall be deemed revoked 10 days from the date of mailing of said notice unless a written notice of appeal is filed with the City Clerk before the revocation date, or the alleged violation has been corrected, before the revocation date, to the satisfaction of the Business License Collector Ord No. 1170 Page 3 5.22.080 Appeal Procedure. The appeal procedure as set forth in Chapter. 3.6 of the Palm Springs Municipal Code is hereby made applicable to this chapter. 5.22.090 Violation a Public Nuisance. Any violation of this chapter of the Palm Springs Municipal Code is a public nuisance. 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 15th day of December 1982. AYES: Councilmembers Foster, Doyle, Maryanov & Mayor Bogert NOES: Ortner-Kubler ABSENT: None ATTEST: CITY OF PALM SPRINGS, ,CA' FORNIA By City Clerk or REVIEWED & APPROVED: ** Readopted due to publication error ** 1/19/83 I � � 3