HomeMy WebLinkAbout1/1/1983 - ORDINANCES ORDINANCE NO. 117o
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, t e us nness 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.
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 dwelliina.
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 noc 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:
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 Buisiness License Collector
Ord No. 1170
Page 3
5.22.080 Appeal Procedure. The appeal procedure as set forth in
Chapter 3.68 of the Palm prings 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 19th day of January 1983;.
AYES: Councilmembers Doyle, Foster, Maryanov & Mayor Bogert
NOES: None
ABSENT: Councilmember Ortner-Kubler
ATTEST-,.�� CITY OF PALM SPRINGS CA IFORNIA
By � 3�
City Clerk Bayor
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1170 was duly adopted by the
' City Council of the City of Palm Springs, California, in a meeting thereof
held on the 19th day of January, 1983, and that a summary of same was published
in THE DESERT SUN, a newspaper of general circulation on January 27, 1983.
JUDITH SUMICH
City Clerk
ORDINANCE NO. 1171
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS AND THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1. That an amendment to the contract between the City Council of
the City of Palm Springs and the Board of Administration,
California Public Employees' Retirement System is hereby
authorized. A copy is attached hereto marked Exhibit "A" and
made a part hereof by reference as though set out in full .
SECTION 2. The Mayor of the City of Palm Springs is hereby authorized,
empowered, and directed to execute said amendment for and on
behalf of said Agency.
SECTION 3. 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 IDe published in accordance with
law.
ADOPTED this 15th day of December 1982.
AYES: Councilmembers Doyle, Foster, MaryanoV, Ortner-Kubler, & Mayor Bogert
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CA VRNIA
B _�-
y ��_
l City Clerk Ma 6r
REVIEWED & APPROVED
** Readopted due to publication error ** 1/19/83
I
ORDINANCE NO. 1171
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS AND THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1. That an amendment to the contract between the City Council of
the City of Palm Springs and the Board of Administration,
California Public Employees' Retirement System is hereby
authorized. A copy is attached hereto marked Exhibit "A" and
made a part hereof by reference as though set out in full.
SECTION 2. The Mayor of the City of Palm Springs is hereby authorized,
empowered, and directed to execute said amendment for and on
behalf of said Agency.
SECTION 3. 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 19th day of January 1983
AYES: Councilmembers Doyle, Foster, Maryanov and Mayor. Bogert
NOES: None
ABSENT: Councilmember Ortner-Kubler
ATTEST: CITY OF PALM SPRINGS, AL FORN A
By —_ L
City Clerk or
REVIEWED & APPROVED
I HEREBY CERTIFY that the foregoing Ordinance 1171 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 19th day of January, 1983, and that same was published
in THE DESERT SUN, a newspaper of general circulation on January 27,
1983.
JUDITH SUMICH
City Clerk
A11FNDMF.NT TO CONTRACT P.ETWEE14 THE
BOARD OF ADI4fNISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF PALM SPRINGS
The Board of Administration, Public Employees' Retirement System, herein-
ufter referred to as Board, end the governing body of above pubiie agency,
hereinafter referred to as Public Agency, having entered into a contract under
date of December 3, 1956, effective January 1 , 1957, and as amended effective
July 14, 1965, January 14, 1973, January 1 , 1975, September 5, 1976, July 10,
197•t , October 15, 1976, and April 29, 1979, which provides for participation of
Public Agency in said System, Board and Public; Agency hereby agree as follows;
A. Paragraphs 1 through 10 are hereby stricken from said contract as executed
effective April 29, 1979, and 'hereby replaced by the following paragraphs
numbered 1 through 10 inclusive:
1 . Aii words and terms used herein which are defined in the Public
L'mpioyees' Retirement Law shah have the menni.ng as defined therein
unless otherwise specifically provided. "Uorma.c a.`, irement age" shell
mn:nn ,gF 60 fo:• io^.at miscei-innc•ous 4iad ;:ge 50 fo.- loc:;1 safety
mri,7 b:l lfs.
2. Public Agency shall participate in the Public Empioyees' Retirement
Sys-. ,m from +,ad sftc-r January 1 , 1957 making its employees as
hereinafter protidad, merbc::s of said System subject to ail provisions
of the Public Employees' Retirement Lau except such as apply only on
e.c,-ction of . ccntr=,cting regency znd nr•. not provided for herein vnd
to `li 3mt-ndm-'ttts to said Law hereaft^r rnso:ed "xcRpt such ris by
provisions :hercvf mpp-Ly only on the el^-lion of conr.racting
Cmpi y:-•.... of rub.cic Agency :n the fvi-Lowing cif.ss�a shun becomr.
nem'or;rs of s-a1d fiuti_emont System oxcep- suet in --:ch suck, cuss as
,r�• _•xciude:d by iaw or th,-s agreomcnt:
v. Loci 1 Fir:rmc:n ch•zrai.n rerfarrvd tv es ioc-:1 safety r,;embc•rs;
b. Loca.i Polic^!men (heroiu referred tc) is ioceu se,focy members);
e. Emplayees other than -Local safety members (h=.rein referred to as
-Local mioceltan,•ous members).
in addition to the c:l-saes of employees exclaided from membr.rship by
said Rerir,.ment Lcw, the following ci.n.sse, of empioyees shrill noz
beconc- mombers of azid Retirement System:
NO ADD MONAL EXCLUSIONS
4. The frbcr.ion of final compensation to be provided for eech year of
credited prior and current service as a local misceiianeous member
shall be than provided in Section 21251 .13 of said Retirement Lax with
611 service prior to Social Security termination December )1 , 1974,
subject to the reduction provided by said section.
5. The fraction of final compensation to be provided for each year of
credited prior and current service as i local safety member shail be
determined in accordance with Section 2,252.01 of said Retirement Law
Di at age 50 Full).
6. The foiiowing additional provisions of the Public Employees' Retire-
ment Lpw which apply only upon election of a contracting agency shall
apply to the Public Agency and its employees:
a. Seetions 21`60-21`;87. (1959 Survivors Program) , excluding Section
21'.',32.2 (Increased 1959 Survivors benefits).
b. Sactions 2126;/21263.1 (Post-retirement survivor allowanr�).
S ;elan 20030. Niiitcry service cr:idit) ,.s defined in Chaptar
14 7, Statutes of 1974.
1 d. ".ction 20933.E (:Jaiver of age 70 rvr.irament. for aoosl miscel-
iantous members only.
P. 3=c-ion 20362.d ,Unused sick iriave crsdir,), for loc:u fire
members oniy.
=i ba un _JJLi.l. (Ono fin :l corrp:ns-!-ion; , for iucbl fir"
camol:r:; Unay.
Public Ag,,ncy, in eccordanc� with Serr.ion 20740, Government Cod--,
to be an "rmpioycz" for purposes, of Chapter 6 of the Public
Smpioy= s' iict,ir::R:2nt L:ew effe.tive on Si DLemDer 5, 1976. Accumulated
roncri.butions of Public Agency as of th:: aforementioned date shell be
Sixed &nd d:ar.Hrmined as provided in Section 20759, Government Code,
and -acuminated c.orrributions r_s of the aforemenr.ioned date and
contributions chcreafter made shah buy held by rh., Board as provided
in Section 20759, Government Code.
B. Public Agency shnil contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the agency shall, con-
tribute the following percentages of monthly salaries earned as
miscellaneous members of said Retirement System:
(1 ) 0.696 percent until June 30, 2000 on account of the
liability for prior service benefits.
(2) 13.920 percent on account of the liability for current
service benefits.
(`S) 0.273 percent on account of the liability for the 1959
Survivor Program.
b. With respect to local safety members, the agency shall contribute
the following percentages of monthly salaries earned as local
safety members of said Retirement System:
0 ) 0.806 percent until June 10, 2004 on account of the
liability for prior service 'benefits.
(2) 24.987 percent on Account of th.: liability for current
service- benefits.
C. A reasonable nmount per unnum, ns fixed by The Board to cover :he
1
costs of administering said System Ps it affects the, empioyees of
Publ,ic-Agency, not including the costs of special u luations or
_ of the periodic investigation and vv ivations required by la:w.
d. A rensonabic amount ae fined by the Beard, payable in one insteu l-
ment as the occasions iri.se, to oover the costs of special vgiva-
tiors on mccount of employ?es of Public Agency, and costs of tN
prriodir, in7vsti„ation :end vrluovione required by ivv. -
9. Contriburions required of Public Agency land its umployeec shun be
sub.jecc to adjustment by Board on account of amendments to the Public
Employees' Qvircmant Law, F.nd on account of the experience under 0
Retirement System ns determined by the pariodin investigntion and
v%iu"tion r<guired by said Retirement Law.
10. Contributions required of Public Agency and its employees shall, be
paid by Public Agency to the Rettremenr: Sysrem within thirty days
%fier the end of the period to which said contributions refer or us _
may berpxescribed by_Board reguiation. Tf more cr less than th,•
correct Nouns of contributions is paid for any period, proper
adjustment shalt be made in connection with subsequent remittances, or
adjustments on account of errors in contributions required of any
employee may be made by direct cash payments between the employee And
the Board. Payments by Public Agency to Board may be made in the form
of warrants, bank checks, bank drafts, certified ohecks, money orders
or cash.
' f
B. This amendment 3 aii be attachedi co said contr4ot and shalt be affective on
the //y jdey of A.
Witness our hands the G K j day of 19 z
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTE OF THE
CITY OF PALM SPRINGS
BY BY / _
Cari J. Blechinger, Executive Of icer Presiding Off r
Approved as to form: Attest:
Cy hia G. Besbmer, Legal Office, Date �/Cteak JUDITH SU�91CH-
CITY CLERK
PERS CON-702
ORDINANCE NO. 1172
AN ORDINANCE OF THE CITY OF PALM SPRINGS
CALIFORNIA, ADOPTING AND AMENDING THE 1982
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, 1982 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 10.207(g) 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 10.302(c). Class II standpipe outlets shall be
accessible and shall be located so that all portions of the building
can be reached by a variable fog nozzle attached to 100 feet of hose
tested 300-500 psi .
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. An approved,
automatic ire sprink er system sha be installed in every building
hereafter constructed of Group A, B, E, R, H, I and M occupancies where
the gross floor exceeds 10,000 square feet or any building regardless of
size which is built beyond a five minute Fire Department emergency re-
sponse time as defined from time-tc-time by resolution of the City Council .
NOTES: 1 . For purposes of this code section regarding building size,
fire resistive walls shall not be considered for purposes
of reducing the gross floor area of the building.
Ord. No. 1172
Page 2
2. In all Group R-3 occupancies, the NFPA 13d 1982 Standard
shall apply as minimum installation requirements.
3. In all Group R-1 occupancies, the locally modified standard
for installation of sprinkler systems in multi-residential
occupancies shall be used.
Exception: Group R-3 occupancies in Tracts 2082, 2928, 3600 and 8137
are exempt from the five minute response time fire sprinkler requirement.
Amend Subsection 10.309(c) 1 . Automatic Sprinkler Systems
1 . In Group A dining or 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 10.312(b) Standpipes Where Required - Table No. 10.312.
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 10.312(f) . Occupancies having an existing wet standpipe
I system which has been determined by the Fire Chief to need replacement,
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 10.313(c) . 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 construc-
tion. 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.
Where construction height required installation of a standpipe system,
fire pumps and water main connections shall be provided to serve the
standpipe.
Amend subsection 25.115 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.
Amend subsection 25.117 Use of Candles and Open Flames Permits
(a) A person shall 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.
(b) A special permit 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.
Ord. No. 1172
Page 3
(3) Liquid fuel heating devices containing no more than one ounce of
fuel may be used.
(4) The person preparing the flaming 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
a 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.
Amend subsection 25.118 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 whennot 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.
Ord. No. 1172
Page 4
(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 opening of the candle holder.
Add Section 25.119 Detailed Requirements for Installation of Permanent Tiki
and/or Luau Torches Usinq 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
(1-1/2" ) in diameter. EXCEPTION: If mounted on a structure and
braced to the satisfaction of the inspection authority, minimum
size could be one (1" ) inch.
5. A radius of five feet (5 ' ) between torch burner and combustibles
shall be maintained.
5. Torches mounted on ground shall be imbedded at least twelve inches
(12") in an eighteen inch (18") cube of concrete or more if
necessary to insure stability and shall be mounted perpendicular
at right angle to the ground.
7. When exposed to probable vehicular damage due to proximity to alleys,
driveways or parking areas, torches shall be suitably protected.
8. Where natural gas is used, an approved shut-off valve shall be
located at or near the base of the torch and a labeled secondary
shut-off shall be located at a readily accessible remote location.
Secondary valves may operate one or more torches.
Add Section 82.104(b) New Installation of Liquified Petroleum Gas. All new
installations of liquified 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.
Amend Section 85.107. EXCEPTION: U.L. approved multi-adapter outlet boxes which
are enc osed in metal cases and have a built-in 15 ampere circuit breaker, may
be utilized provided the other provisions of this section are met.
Add Appendix VII Plans and Specifications. With each application for a building
permit, one set of plans and specifications for such building shall be submitted
to the Division of Fire Prevention. Such plans and specifications shall be com-
plete, 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.
Ord. No. 1172
Page 5
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 VIII. 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, 1979 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.
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 por-
tions 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 December 15,198� 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 5, 1983
by the following vote, to wit:
ADOPTED THIS 5rh DAY OF January , 1983
AYES: Councilmembers Doyle, Foster, Maryanov, Ortner-Kubler and Mayor Bogert
NOES: None
ABSENT: None
ATTEST— " CITY OF PALM SPRINGS ezC FORNIA
By �' 2L-
City Clerk Ma
REVIEWED AND APPROVED
I HEREBY CERTIFY that the foregoing Ordinance 1172 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 5th day of January, 1983, and that a summary of same
was published in THE DESERT SUN, a newspaper of gener 1 rc�ulation
on December 31 , 1982 and January 12, 1983. -1�
ORDINANCE NO. 1173
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 11.72 OF THE
PALM SPRINGS MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 11.72.030 of the Palm Springs Municipal Code is hereby
amended to read as follows:
11.72.030 Refuse and Waste-Nuisance. Refuse and waste matter as
defined in Section 11.72.040, which by reason of its location and character is
unsightly, or interferes with the reasonable enjoyment of property by
neighbors, or detrimentally affects property values in the surrounding
neighborhood or community, or which would materially hamper or interfere with
the prevention or suppression of fire upon the premises is a public nuisance.
(Prior code 55601.2) .
SECTION 2. Section 11.72.090 of the Palm Springs Municipal Code is hereby
amended to read as follows:
11.72.090 Buildin code violations. Any violation of the Palm
Springs building code Title 8 of this code as amended is a public nuisance.
(Prior code 55601.8) .
SECTION 3. Section 11.72.150 of the Palm Springs Municipal Code is hereby
amended to read as follows:
' 11.72.150 Excessive plant growth. Any trees, shrubbery or plants
permitted to grow out into, over or in the public right-of-way where
pedestrian or vehicular traffic is impaired, or when vehicle operators cannot
clearly observe safety signs and lights, constitutes a safety hazard, and are
a public nuisance. (Prior code §5601.14) .
SECTION 4. Section 11.72.160 of the Palm Springs Municipal Code is hereby
amended to read as follows:
11.72.160 Deteriorating and defective structures. Any structure
within the city in a state of substantial deterioration, such as peeling paint
on a facade, broken windows, roofs in disrepair, damaged porches or broken
steps or other such deterioration or disrepair not otherwise constituting a
violation and which is viewable from a public right-of-way or viewable from
the sites of neighboring properties, is a public nuisance. A state of
substantial deterioration shall be defined as per Sections 1001 (b) thru (o)
of the Uniform Housing Code as amended or as per Section 302 of the Uniform
ode for the Abatement of Dangerous Buildings as amended. (Prior code
5601.15) .
SECTION 5. Section 11.72.170 of the Palm Springs Municipal Code is hereby
amended to read as follows:
11.72.170 Property maintenance. The substantial lack of
maintenance of grounds within the city where said grounds are viewable by the
public from a public right-of-way or viewable from the sites of neighboring
properties, is a public nuisance. The substantial lack of maintenance shall
mean allowing trees, shrubs, plants, vegetation or debris to exist on the
grounds in a state and to the extent that such a condition is unsightly, or
interferes with the reasonable enjoyment of property by neighbors, or
detrimentally affects property values in the surrounding neighborhood or
community, or which would materially hamper or interfere with the prevention
or supression of a fire, or detrimentally affects aesthetic values of
surrounding properties.
Ord. No. 1173
Page 2
SECTION 6. Section 11.72.180 of the Palm Springs Municipal Code is hereby
amended to read as follows:
11.72.180 Right of entry. Whenever necessary to make an
inspection to enforce any of the provisions of this Chapter, or whenever the
City Manager or his authorized representative has reasonable cause to believe
that there exists in any building or on any property any public nuisances, as
defined by this Chapter, the City Manager or his authorized representative may
enter such building or property at all reasonable times to inspect same or to
perform any duty imposed by this Chapter, provided that if such building or
property be occupied, he shall first present proper credentials and request
entry; and if such building or property be unoccupied, he shall first make a
reasonable effort to locate the owner or ether persons having charge or
control of the building or property and request entry. If such entry is
refused, the City Manager or his authorized representative shall have recourse
to every remedy provided by law to secure entry.
When the City Manager or his authorized representative shall have first
obtained a proper inspection warrant or other remedy provided by law to secure
entry, no owner or occupant or any other persons having charge, care or
control of any building or property shall fail or neglect, after proper
request is made as herein provided, to promptly permit entry therein by the
City Manager of his authorized representative for purpose of inspection and
examination pursuant to this Chapter.
SECTION 7. Section 11.72.190 of the Palm Springs Municipal Code is hereby
amended to read as follows:
11.72.190 Commencement of proceedings. Upon determination that a '
public nuisance exists, as defined by any provision of this code, on any lot
or premises, or upon any sidewalk, parking or street adjacent to such lot or
premises, the authorized employee of the City shall commence proceedings to
cause abatement of said nuisance. (Prior code S5612) .
To commence proceedings for abatement of said nuisance the authorized employee
may take one or both of the following actions:
(a) Citation issuance. Where the owner, occupant, or agent of the
subject property is readily available for service of a pre-citation
notice and any subsequent citation, employees empowered to issue
citations in lieu of immediate arraignment, per Chapter 1.08 of this
code and Resolution 12967 as enacted and subsequently amended, may issue
said citation.
(b) Notice of public nuisance. Where the owner, occupant, or agent of
the subject property is not readily available for personal service, or
where said public nuisance is a permanent improvement, or where citation
issuance has not resulted in the abatement of said nuisance, the
authorized employee of the City may issue, a "Notice of Public Nuisance".
SECTION 8. Section 11.72.300 of the Palm Springs Municipal Code is hereby
amended to read as follows:
11.72.300 Violations-First offense infraction. No owner, occupant, or
agent of any lot or premises within the City shall permit or allow the
existence of a public nuisance as defined in this Chapter, upon any lot or
premises owned, occupied or controlled by such person. The first instance of
any such violation shall constitute an infraction.
SECTION 9. Section 11.72.302 of the Palm Springs Municipal Code is hereby
amended to read as follows:
Ord. No. 1173
Page 3
11.72.302 Subsequent or continuing violation-Misdemeanor. Any owner,
occupant, or agent of any lot or premises within the City having been cited
for violation of any provisions of this Chapter, who within thirty (30) days
thereafter commits a second or any subsequent violation of the same provision
of this Chapter, including, without limitation thereby, . suffering or
permitting said violation to continue for a second or subsequent day, shall be
guilty of a misdemeanor.
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 January 1983.
AYES: Councilmembers Doyle, Foster, Maryanov, Ortner-Kubler and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: � _ CITY OF PALM SPRINGS, CALIOAIA
By
City Clerk Ma
rf
REVIIEWED & APPROVED
I (HEREBY CERTIFY that the foregoing Ordinance 1173 was duly adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof
held on the 5th day of January, 1983, and that a summary of same was
published in THE DESERT SUN, a newspaper of general circulation on December 27, 1982 &
January 12, 1983.
( JUDITH SUMICH
City Clerk
I
WP
ORDINANCE NO. L174
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, TO REGULATE THE INSTALLATION OF
BARS, GRILLES , GRATES, OR SIMILAR DEVICES
ON WINDOWS AND DOORS OF RESIDENTIAL
DWELLINGS .
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS :
SECTION 1. Section 8 . 04. 170 of the Palm Springs Municipal Code
is amended by adding Item (12) as follows:
" (12) Bars, grilles, grates or similar devices may be
installed on an emergency escape or rescue windows or
doors, provided:
A. Such devices for windows are equipped with
approved release mechanisms which are ,openable
from the inside without the use of a key or
special knowledge or effort; and
B. Such devices for doors are equipped with
approved release mechanisms which are openable
from the inside without the use of a key or
special knowledge or effort, keys may be utilized
if they are readily accessible and permanently
mounted within four feet of the door; and
C. The building is equipped with smoke detectors
installed per the Uniform Building Code. "
SECTION 2 . This ordinance is adopted as an urgency measure '
pursuant to Government Code Section 36937 (b) . The facts consti-
tuting the urgency are: The Fire Department, Building Department
and Police Department have cooperatively worked to increase security
provisions for residential structures resulting in an increase in
the number of residences installing bars on windows and doors.
There are presently 19 companies installing such bars in the City
of Palm Springs and several of these companies average three or
four installations per week. Absent a quick release mechanism,
such bars can trap people inside a burning building and impede
rescue operations from outside the building. A recent newsletter
from the State Fire Marshal' s Office cites 18 deaths throughout the
State relating to bars and lack of quick release mechanisms. A
delay in the effective date of this ordinance could cause a
significant increase, in the number of such unsafe installations
in residential units.
SECTION.' 3 . Effective Date. This ordinance shall be in full
force and effect immediately upon adoption by at least a four-
fifths vote of the City Council.
SECTION 4 . Publication. The City Clerk is hereby ordered and
directed to certify to the passage of this ordinance and to cause
the same or a summary thereof or a display advertisement duly
prepared according to law to be published in accordance with law.
ADOPTED this 19th day of January 1983 .
AYES : Councilmembers Doyle, Foster, Maryanov and Mayor Bogert
NOES : None
ABSENT: Councilmember Ortner-Kubler
ATTES CITY OF PALM SPRING , LI ^ RNIA
City Clerk Mayor
REVIEWED & APPROVED: i
I HEREBY CERTIFY that the foregoing Ordinance 1174 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 19th day of January, 1983, and that same was published
in THE DESERT SUN, a newspaper of general circulation on January 27,
1983.
JUDITH SUMICH
City Clerk
ORDINANCE NO. 1175
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, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Section 12.20.020 of the Palm Springs Municipal Code is hereby
amended to add the following portion of Bogie Road to various other limits
established by Ordinance No. 1126 dated January 7, 1981 :
12.20.020 Decrease of State Law Maximum Speed. It is hereby
determined 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 city street is greater than
is reasonable or safe under the conditions found to exist upon such
street, and it is hereby declared that the prima facie speed limit shall
be as herein set forth on this city street herein designated, when signs
are erected giving notice thereof:
DECLARED PRIMA FACIE
NAME OF STREET PORTION AFFECTED SPEED LIMIT
_ (MILES PER HOUR)
(7) Bogie Road Ramon Road Highway 11.1 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 advertisment, duly prepared according to law, to be
published in accordance with law.
ADOPTED this znd day of March 1983.
AYES: Councilmembers Doyle, Foster, Maryanov, Ortner—Kubler and Mayor Bogert
NOES: None
ABSENT: None
ATTEST� � CITY OF PALM SPRINGS, CAL
By
' City Clerk� r
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1175 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 2nd day of March, 1983, and that same was published
in THE DESERT SUN, a newspaper of general circulation on March 10,
1983. .
E/JUDITH SUMICH
City Clerk
WP
ORDINANCE NO. 1176
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 9317.00 TO THE
PALM SPRINGS ZONING ORDINANCE, THERETO RELATING
TO THE PREVENTION OF FLOOD DAMAGE.
' THE CITY COUNCIL OF THE CITY Of PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 93 of the Palm Springs Zoning Ordinance is hereby amended
by adding thereto a new section to be numbered 9317.00, and reading as
follows:
SECTION 9317.00
FLOOD DAMAGE PREVENTION
9317.01 Findings of Fact. The City Council of the City of Palm Springs
herebi finds and declares that the:
A. Flood hazard areas of the City of Palm Springs are subject to
periodic inundation which results in loss of life and property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection
and relief, and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
B. Flood losses are caused by the cumulative effect of obstructions
1 in areas of special flood hazards which increase flood heights and
velocities, and when inadequately anchored, damage uses in other
areas. Uses that are inadequately floodproofed, elevated or
otherwise protected from flood damage also contribute to the flood
loss.
9317.02 Purpose. It is the purpose of this Section to promote the
public health, safety, and general welfare, and to minimize public and private
losses due to flood conditions in specific areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood control
projects;
C. To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines, streets
and bridges located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the sound use
and development of areas of special flood hazard so as to minimize
future flood blight areas;
G. To insure that potential buyers are notified that property is in
an area of special flood hazard; and
H. To insure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
Ord No. 1176
Page 2
9317.03 Methods of Reducing Flood Losses. In order to accomplish its
purposes, this Chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health,
safety, and property due to water or erosion hazards, or which
result in damaging increases in erosion or in flood heights or
velocities;
B. Requiring the uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the
time of initial construction;
C. Controlling the alteration of natural flood plains, stream
channels, and natural protective barriers, which help accommodate
or channel flood waters;
D. Controlling filling, grading, dredging, and other development
which may increase flood damage; and.
E. Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood
hazards in other areas.
9317.04 Definitions. Except as specifically defined in this Section,
words and phrases used in this Chapter shall be interpreted to give them the
meaning they have in common usage.
A. "Appeal" means a request for a review of the Director of Community
Development interpretation of any provision of this Chapter or a
request for variance from the requirements of this Chapter.
B. "Area of shallow floodin " means a designated AO or B Zone on the
Flood Insurance Rate Map FIRM) . The base flood depths range from
one to three feet; a clearly defined channel does not exist; the
path of flooding is unpredictable and indeterminate; and, velocity
flow and flood related erosion and debris may be evident.
C. "Area of special flood hazard" means a designated Zone A or Zone
A2-A13 as identified in the Flood Insurance Study for the City of
Palm Springs, dated March 2, 1983.
D. "Base flood" means the flood having a one percent chance of being
equaled or exceeded in any given year.
E. "Development" means any man-made change to improved or unimproved
real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations located within the area of special flood
hazard.
F. "Existing mobile home park or mobile home subdivision" means a I
parcel or contiguous parcels of land divided into two or more
mobile home lots for rent or sale for which the construction of
facilities for servicing the lot on which the mobile home is to be
affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the
construction of streets) is completed before the effective date of
this Section.
Ord No. 1176
Page 3
G. "Expansion to an existing mobile home park or mobile home
subdivision" means the preparation of additional sites by the
I construction of facilities for servicing the lots on which the
mobile homes are to be affixed (including the installation of
utilities, either final site grading or pouring of concrete pads,
or the construction of streets) .
H. "Flood" or "flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters and/or
2. The unusual and rapid accumulation or runoff of surface
waters from any source.
I . "Flood boundary floodway map" means the official map on which the
Federal Insurance Administration has delineated both the areas of
flood hazard and the floodway.
J. "Flood Insurance Rate Map" (FIRM) means the official map on which
The Federal Insurance Administration has delineated both the areas
of special flood hazards and the risk premium zones applicable to
the community.
K. "Flood Insurance Study" means the official report provided by the
Federal Insurance Administration that includes flood profiles, the
Flood Insurance Rate Map, and the water surface elevation of the
1 base flood.
L. "Floodwayy" means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water
surface elevation more than one foot nor transfers flooding to
areas previously unaffected.
M. "Freeboard" means the height of the object above the water
surface, usually applied as a safety factor in hydrologic design
practice.
N. "Habitable floor" means any floor usable for living purposes,
which includes working, sleeping, eating, cooking or recreation,
or a combination thereof. A floor used only for storage purposes
is not a "habitable floor".
0. "Mobile home" means a structure that is transportable in one or
more sections, built on a permanent chassis, and designed to be
used with or without a permanent foundation when connected to the
required utilities. It does not include recreational vehicles or
travel trailers.
P. "New construction" means structures for which the "start of
construction" commenced on or after the effective date of this
Section.
Q. "New mobile home park or mobile an home subdivision" means a parcel
Tor contiguous parcels of ld divided into two or more mobile
home lots for rent or sale for which the construction of
facilities for servicing the lot (including, at a minimum, the
installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets) is
completed on or after the effective date of this Section.
Ord No. 1176
Page 4
R, "Start of construction" means the first placement of permanent
construction of a structure (other than a mobile home) on a site, '
such as the pouring of slabs or footings or any work beyond the
stage of excavation. Permanent construction does not include land
preparation, such as clearing, grading, and filling, nor does it
include the installation of streets and/or walkways; nor does it
include the excavation for a basement, footings, piers or
foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not as
a part of the main structure. I-or a structure (other than a
mobile home) without a basement or poured footings, the "start of
construction" means the affixing of the mobile home to its
permanent site. For mobile homes within mobile home parks or
mobile home subdivision, "start of construction" is the date on
which the construction of facilities for servicing the site on
which the mobile home is to be affixed (including, at a minimum,
the construction of streets, either final site grading or the
pouring of concrete pads, and iinstallation of utilities) is
completed.
S. "Structure" means a walled and roofed building or mobile home that
is principally above ground.
T. "Substantial improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds
fifty (50) percent of the market value of the structure either:
1 . before the improvement or repair is started, or
2. if the structure has been damaged and is being restored,
before the damage occurred. For the purposes of this
definition "Substantial improvement" is considered to occur
when the first alteration of any wall , ceiling, floor, or
other structural part of the building commences, whether or
not that alteration affects the external dimensions of the
structure.
The term does not, however, include either:
1 . any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe
living conditions , or
2. any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of Historic
Places.
U. "Variance" means a grant of relief from the requirements of this
Section which permits construction in a manner that would
otherwise be prohibited.
9317.05 Application of this Section. This Section shall apply to all
"areas of special flood hazards" within the jurisdiction of the City of Palm
Springs.
Ord No. 1176
Page 5
9317.06 Basis for Establishing Areas of Special Flood Hazard". The
"area of special flood hazard" identified by the Federal Insurance
I Administration in a scientific and engineering report entitled "The Flood
Insurance Study for the City of Palm Springs," dated March 3, 1983, with
accompanying flood insurance rate maps, is hereby adopted by reference and
declared to be a part of this Section. The Flood Insurance Study is on file
in the office of the Director of Community Development of the City of Palm
Springs.
9317.07 Compliance. No structure or land shall hereafter be
constructed, located extended, converted or altered except in compliance with
the provisions of this Section and other applicable regulations.
This Section is not intended to repeal , abrogate or impair any existing
easements, covenant or deed restriction; however, where this Section and
another ordinance, covenant or deed restriction conflict or overlap,
whichever imposes the more stringent restriction shall prevail .
9317.08 Interpretation. In the interpretation and application of this
Section, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and,
1 C. Deemed neither to limit nor repeal any other powers granted under
state statutes.
9317.09 Degree of Flood Protection. The degree of flood protection
required by this Section is considered reasonable for regulatory purposes and
is based on scientific and engineering consideration. Larger floods can and
will occur on rare occasions . Flood heights may be increased by man-made or
natural causes. This Section does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This Section shall not create liability on the
part of the City of Palm Springs, any office or employee thereof, or the
Federal Insurance Administration, for any flood damages that result from
reliance on this Section or any administrative decision lawfully made
hereunder.
9317.10 Flood Hazard Report. A Flood Hazard Report shall be prepared
and approved as to adequacy by the City Engineer and/or Director of Community
Development before construction or development begins within any area of
special flood hazard. A Flood Hazard Report shall specifically include the
following information:
A. Existing ground elevations in mean sea level .
B. Elevation in mean sea level of the lowest floor (including
basement) of all proposed residential structures.
1 C. Elevation in mean sea level of the lowest floor (including
basement) or the level of flood proofing of all proposed non-
residential structures.
D. Certification by a registered civil engineer that the proposed
structure or other development meets the standards of this
Section. This includes detailed working drawings that indicate
the structure can withstand the results of the base flood.
Ord No1176
Page 6
E. Certification by a registered civil engineer that the proposed
subdivision meets the standards of this Section. Detailed
subdivision plans indicating how the development will be protected
from the base flood should be submitted with this certification. '
F. Detailed description of all channel or levee improvements or
alterations. Including an analysis of the upstream and downstream
effects of the improvement or alteration.
9317.11 Administration. The Director of Community Development is hereby
appointed to administer and implement this Section. The duties of the
Director of Community Development shall include but are not limited to:
A. Review all Flood Hazard Reports to determine that the requirements
of this Section have been satisfied.
B. Review all Flood Hazard Reports to determine that all necessary
approvals have been obtained from those Federal , State and local
agencies from which prior approval is required.
C. Review all Flood Hazard Reports to determine if the proposed
development adversely affects the flood carrying capacity of the
area of special flood hazard. For the purposes of this Section,
"adversely affects" means that the cumulative effect of the
proposed development, when combined with all other existing and
anticipated development, will not increase the water surface
elevation of the base flood more than one foot at any point nor
transfers flooding to areas previously unaffected. '
9317.12 Maintenance of Information. The! Director of the Department of
Community Development shall :
A. Obtain and record the actual elevation (in relation to mean sea
level ) of the lowest habitable floor (including basement) of all
new or substantially improved structures.
B. For all new or substantially improved floodproofed structures:
1. verify and record the actual elevation (in relation to mean
sea level ) , and
2. maintain the floodproofing certifications required in
Section 9317.10-D.
C. Maintain for public inspection all records pertaining to the
provisions of this Section.
9317.13 Alteration of Watercourses. The Director of Community
Development shall notify adjacent communities and the State Department of
Water Resources and the Federal Insurance Administration prior to any
alteration or relocation of a watercourse. He shall require that maintenance
is provided within the altered or relocated portion of said watercourse so
that flood carrying capacity is not diminished.
9317.14 Interpretation of "FIRM" Boundaries. The Director of Community
Development shall establish the exact location of the boundaries of the areas
of special flood hazards. Any person contesting the location of the
boundaries shall be given a reasonable opportunity to appeal the
interpretation to the City Council .
Ord No. 1176
Page 7
9317.15 Variance. All requests for variances from the requirements of
this Section shall conform with the variance procedure described in Section
9405.00 of the Palm Springs Zoning Ordinance.
In acting upon any appeal , the Planning Commission shall consider all
technical evaluations or relevant factors and standards specified in this
Section and:
A. the danger that materials may be swept onto other lands to the
injury of others;
B. the danger to life and property due to flooding or erosion damage;
C. the susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual
owner;
D. the importance of the services provided by the proposed facility
to the community;
E. the necessity to the facility of a waterfront location, where
applicable;
F. the availability of alternative locations, for the proposed use
which are not subject to flooding or erosion damage;
G. the compatibility of the proposed use with existing and
1 anticipated development;
H. the relationship of the proposed use to the comprehensive plan and
flood plain management program for that area;
I . the safety of access to the property in times of flood for
ordinary and emergency vehicles;
J. the expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters and the effects of wave
action, if applicable, expected at the site; and,
K. the costs of providing governmental services during and after
flood conditions, including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical , and water
systems, and streets and bridges.
9317.16 Issuance of Variances. Variances may be issued for new
construction and substantial improvements to be erected on a lot of 2 acre or
less in size contiguous to or surrounded by lots with existing structures
constructed below the base flood level , if the items referred to in Section
9317.015 have been fully considered. As the lot size increases beyond the 2
acre, the technical justification required for issuing the variance increases.
The Planning Commission acting as the Appeals Board, may attach such
I conditions to the granting of a variance as it deems necessary to further the
purpose and objectives of this Section. The director of Community Development
shall maintain a record of all appeal actions and report any variances to the
Federal Insurance Administration upon request.
9317.17 Conditions for Variances.
A. Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of
Historic Places or the State Inventory of Historic Places, without
regard to the procedures set forth in the remainder of this
Section.
Ord No. 1176
Page 8
B. Variances shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would
result or if flooding will be transferred to an area previously
affected by flooding.
C. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
D. Variance shall only be issued upon:
1. a showing of good and sufficient cause;
2. a determination that failure to grant the variance would
result in exceptional hardship to the applicant; and
3. a determination that the granting of a variance will not
result in increased flood heights, additional threats to
public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public or.
conflict with existing local laws or ordinances.
E. Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a
lowest floor elevation below the base flood elevation and that the
cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
9317.18 Flood Hazard Reduction Standards. In all areas of special
flood hazards the following standards shall apply:
A. STANDARDS OF CONSTRUCTION.
In addition to the requirements found in Title 8 of the Palm
Springs Municipal Code it will be required that the following
standards be met:
1 . Anchoring
a. All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or
lateral movement of the structure.
b. All mobile homes shall meet the anchoring standards of
Section 9317.18-E-1.
2. Construction Materials and methods
a. All new construction and substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage.
b. All new construction and substantial improvements I
shall be constructed usling methods and practices that
minimize flood damage.
Ord No. 1176
Page 9
3. Elevation and Floodproofing
a. New construction and substantial improvement of any
structure shall have the lowest habitable floor,
including basement, elevated to or above the base
flood elevation. Nonresidential structures may meet
the standards in Section 9317.18-A-3(c) . Upon
completion of the structure the elevation of the
lowest habitable floor including basement shall be
certified by a registered professional engineer or
surveyor and provided to the official set forth in
Section 9317.11.
b. New construction and substantial improvement of any
structure in Zone AO or Zone B shall have the lowest
floor, including basement, elevated to or above the
depth number specified on the FIRM. If there is no
depth number on the FIRM, the lowest floor, including
basement, shall be elevated one foot above the crown
of the nearest street. Nonresidential structures may
meet the standards in Section 9312.18-A-3(c) . Upon
completion of the structure a registered professional
engineer shall certify that the elevation of the
structure meets this standard and provided to the
official set forth in Section 9317.11.
' C. Nonresidential construction shall either be elevated
in conformance with Section 9317.18-A-3(a) or (b) or
together with attendant utility and sanitary
facilities:
(1) be floodproofed so that below the base flood
level the structure is watertight with walls
substantially impermeable to the passage of
water;
(2) have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects
of buoyancy; and
(3) be certified by a registered professional
engineer or architect that the standards of this
subsection are satisfied. Such certifications
shall be provided to the official as set forth
in Section 9317.11.
d. Mobile homes shall meet the above standards and also
the standards in Section 9317.18.E.
B. STANDARDS FOR STORAGE OF MATERIALS AND EQUIPMENT.
In addition to the standards set forth in Chapter 9.60.030 of the
Municipal Code:
1. The storage or processing of materials that are in time of
flooding buoyant, flammable, explosive, or could be
injurious to human, animal or .plant life is prohibited.
2. Storage of other material or equipment may be allowed if not
subject to major damage by floods and firmly anchored to
prevent flotation or if readily removable form the area
within the time available after flood warning.
Ord No. 1176
Page 10
C. STANDARDS FOR UTILITIES.
In addition to the standards set forth in Chapter 9.60.030 of the
Palm Springs Municipal Code:
1. All new and replacement water supply and sanitary sewage
systems shall be designed to minimize or eliminate
infiltration of flood water into the system and discharge
from systems into flood waters;
2. On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
D. STANDARDS FOR SUBDIVISIONS.
In addition to the standards set forth in Chapter 9.60.030 of the
Palm Springs Municipal Code:
1. All preliminary subdivision proposals shall identify the
flood hazard area and the elevation of the base flood.
2. All final subdivision plans will provide the elevation of
proposed structure(s) and pads. If the site if filled above
the base flood, the final pad elevation shall be certified
by a registered professional engineer or surveyor and
provided to the official as sett forth in Section 9317.11.
3. All subdivision proposals shall be consistent with the need
to minimize flood damage;
4. All subdivision proposals shall have public utilities and
facilities such as sewer, gas , electrical , and water systems
located and constructed to minimize flood damage;
5. All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage.
E. STANDARDS FOR MOBILEHOMES AND MOBILEHOME PARKS AND SUBDIVISIONS.
In addition to the standards set forth in Section 9213.00 of the
Palm Springs Zoning Ordinance:
1. All mobile homes and additions to mobile homes shall be
anchored to resist flotation, collapse, or lateral movement
by one of the following methods:
a. by providing an anchoring system designed to withstand
horizontal forces of 25 pounds per square foot and up
lift forces of 15 pounds per square foot;
b. by providing over-the-top and frame ties to ground
anchors. Specifically:
(1) over-the-top ties be provided at each of the
four corners of the mobile home, with two
additional ties per side at intermediate
locations, with mobile homes less than 50 feet
long require only one additional tie per side;
Ord No. 1176
Page 11 '
(2) frame ties be provided at each corner of the
home with five additional ties per side at
intermediate points, with mobile homes less than
50 feet long require only four additional ties
per side; and,
(3) all components of the anchoring system be
capable of carrying a force of 4,800 pounds.
2. The following standards are required for (a) mobile homes
not placed in mobile home parks or subdivisions, (b) new
mobile home parks or subdivisions, (c) expansions to
existing mobile home parks or subdivisions and, (d) repairs,
reconstruction, or improvements to existing mobile home
parks or subdivisions that equals or exceeds 50 percent of
the value of the streets, utilities and pads before the
repair, reconstruction or improvement commenced.
a. Adequate surface drainage and access for a hauler
shall be provided.
b. All mobile homes shall be placed on pads or lots
elevated on compacted fill or on pilings so that the
lowest floor of the mobile home is at or above the
base flood level . If elevated on pilings:
1 (1) the lots shall be large enough to permit steps;
(2) the pilings shall be placed in stable soil no
more than ten feet apart and,
(3) reinforcement shall be provided for pilings more
than six feet above the ground level .
F. FLOODWAYS
Located within areas of special flood hazard established in
Section 9317.04.B. are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of
flood waters which carry debris, potential projectiles, and
erosion potential , the flooding provisions apply:
1 . Prohibit encroachments, including fill , new construction,
substantial improvements , and other development unless
certification by a registered professional engineer or
architect is provided demonstrating that encroachments shall
not result in an increase in flood levels of more than one
foot during the occurrence of the base flood discharge.
2. If Sections 9317.18-F-1 & 2 are satisfied, all new
construction and substantial improvements shall comply with
all applicable flood hazard reduction provisions of Section
9317.18, Flood Hazard Reduction Standards.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
Ord No. 1176
Page 12
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. I
ADOPTED this 2nd day of March , 1983.
AYES: Councilmembers Doyle, Foster, Maryanov, Ortner—Kubler and Mayor Bogert
NOES: None
ABSENT: None
ATTEST CITY OF PALM SPRINGS, L'��RNI
By/ —
�� City Clerk Ma
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1176 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 2nd day of March, 1983, and that a summary of same
was published in THE DESERT SUN, a newspaper of general circulation
on February 24 and March 10, 1983.
L�4UDITH SUMICH
City Clerk
I
WP
ORDINANCE NO. 1177
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTERS 3.40 AND
CHAPTER 3.56 OF THE PALM SPRINGS MUNICIPAL
CODE, BY AMENDING VARIOUS SECTIONS AND
PROVISIONS THEREOF RELATING TO THE BUSINESS
LICENSE TAX FISCAL YEAR.
THE: CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 3.40.050 of the Palm Springs Municipal Code is hereby
amended to read as follows:
3.40.050 Duration of license. (1) If the license tax is an
annual tax, the license shall "expire year from the date of issuance.
SECTION 2. Section 3.56.010 of the Palm Springs Municipal Code is hereby
amended to read as follows:
3.56.010 License tax--when payable. Unless otherwise specifically
provided, all annual license taxes are due and payable on or before the
anniversary date of the business license tax receipt.
3.56.010 (1) Each person required to have a license shall be
liable for the payment of the tax for the full term of one (1)
year from date of first payment of the tax or first conduct of
business by such applicant, whichever is earlier.
3.56.010 (2) When a new owner of a business, which was
previously licensed for the current year, applies for a license,
the business license application of the new owner will be
processed as though such new owner were a new license applicant.
SECTION 3. Subsection (3) of Section 3.56.010 of the Palm Springs Municipal
Code is hereby deleted and repealed.
SECTION 4. Section 3.56.020 of the Palm Springs Municipal Code is hereby
amended to read as follows:
3.56.020 Del inquenc --Penalt . All Renewal Licenses shall be
delinquent if not paid on or before the thirtieth (30th) day following
the due date. A penalty of ten percent of said license tax shall be
added to delinquent licenses on the first day of delinquency, and an
additional twenty percent shall be added thereto on the first day of
each succeeding thirty day period thereafter, provided that the amount
of such penalties to be added shall not exceed fifty percent of the
license tax due.
SECTION 5 . EFFECTIVE DATE. This Ordinance, being an Ordinance relating to
taxes for usual and current expenses of the City, shall take effect
immediately upon its passage.
SECTION 6. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this Ordinance, and to cause same to be published
once before the expiration of fifteen (15) days after passage, in THE DESERT
SUN , a daily newspaper of general circulation, printed, published and
circulated in the City of Palm Springs, California.
ADOPTED this 16th day of March lg$L—
AYES: Councilmembers Doyle, Kubler, Maryanov and Mayor Bogert
NOES: Councilmember Foster
ABSENT: None
ATTE:ST:7 ` CITY OF PALM SPRINGS, C �n
By ��.,
City Clerk
REVIEWED & APPROVED: f�� )
I HEREBY CERTIFY that the foregoing Ordinance 1177 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 16th day of March, 1983, and that same was published
in THE DESERT SUN, a newspaper of general circulation on March 24,
1983.
%JUDITH SUMICH
City Clerk
ORDINANCE NO. 1178
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REPEALING CERTAIN ARTICLES AND
CHAPTERS OF THE PALM SPRINGS ORDINANCE CODE,
NOT CODIFIED IN THE PALM SPRINGS MUNICIPAL CODE,
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Articles 804, 805, 806, 807, 808 and Chapter 85, all of which are
a part of the Palm Springs Ordinance Code, not codified in the Palm Springs
Municipal Code, are hereby repealed.
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 16th day of March 1983.
AYES: Councilmembers Doyle, Foster, Kubler, Maryanov and Mayor Bogert
NOES: None
ABSENT ]one
' ATTEST,71 CITY OF PALM SPRINGS C FORNI
By
City Clerk 7or
REVIEWED & APPROVED: !
I HEREBY CERTIFY that the foregoing Ordinance 1178 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 16th day of March, 1983, and that same was published
in THE DESERT SUN, a newspaper of general circulation on March 24,
1983.
JUDITH SUMICH
City Clerk
WP
ORDINANCE NO. 1L79
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REMOVING THE SUNSET DATE OF
THE ENERGY COMMISSION.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Section 3 of Ordinance 1134 is hereby repealed.
SECTION 2. Notwithstanding the provisions of Section 2.23.010
of the seven (7) members first appointed to the energy commission at the time
Ordinance 1134 took effect, three (3) shall be appointed for a term that expires
on June 30, 1984, two (2) shall be appointed for a term that expires on June 30,
1985, and two (2) shall be appointed for a terms that expires on June 30, 1986.
Thereafter, all appointments to the commission shall be for terms prescribed
in Section 2.06.010 of the Palm Springs Municipal Code.
SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this Ordinance, and to cause the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 6th day of April ,1983.
AYES: Councilmembers Doyle, Foster, Maryanov;, Ortner and Mayor Bogert
NOES: None
ABSENT: None
ATTEES/ CITY OF PALM SPRINGS SQFOR IA
BY
City Clerk May
REVIEWED & APPROVED: gi
I HEREBY CERTIFY that the foregoing Ordinance 1179 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 6th day of April , 1983, and that same was published
in THE DESERT SUN, a newspaper of general circulation on April 18,
1983.
/JUDITH SUMICH
City Clerk
ORDINANCE NO. 1180
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, TO DELETE OUTDATEDLANGUAGE
CONCERNING ELECTRONIC GAME ARCADES IN C-1
ZONES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECT):ON 1. Section 9216.02 of the Palm Springs Zoning Ordinance relating to
the prohibition of "pinball machines, shooting galleries, and electronic games
as a primary use" is hereby deleted from the Uses Prohibited section of the C-
1 Zone.
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 20th day of April 19 83 .
AYES: Councilmembers Foster, Maryanov, Ortner and Mayor Bogert
NOES: None
ABSENT: Councilmember Doyle
ATTEI;T,----> CITY OF PALM SPRINGS FOR
By
City Clerk yor
REVIEWED & APPROVED: `
I HEREBY CERTIFY that the foregoing Ordinance 1180 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 20th day of April , 1983, and that same was published
in THE DESERT SUN, a newspaper of general circulation on May 2, 1983.
JUDITH SUMICH
City Clerk
i
WP
ORDINANCE NO. 1181
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 5.58 TO THE
PALM SPRINGS MUNICIPAL CODE REGULATING
GARAGE, YARD AND PATIO SALES WITHIN THE
CITY.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 5.58 relating to regulations for garage, yard and patio
sales is hereby added to the Palm Springs Municipal Code, to read as follows:
Chapter 5 .58
GARAGE, PATIO, YARD :TALES
Sections:
5 .58.010 Residential sales prohibited
5.58.020 Application and permit
5.58.030 Time and place of sale
5.58.040 Display
5 .58.050 Sign
5.58.060 Penalty
5.58.010 Residential sales prohibited. It is unlawful for any person
to conduct, or participate in the conduct of, sales of personal property to I
the general public by means of a "garage" sale, "patio" sale, "yard" sale, or
other sale similarly conducted on any residentially zoned premises , except as
permitted in this Chapter or authorized by the ;Zoning Ordinance or other law.
5.58.020 Application and permit. Any person (herein the applicant)
intending to conduct a "garage" sale, "patio" sale, "yard" sale, or similar
sale of personal property to the general public on residentially zoned
property shall , concurrently pay a fee as established by resolution of the
City Council , and file an application with the City Information and Permit
Center. The applicant shall declare under penalty of perjury, or by
affidavit, that all items to be sold are lawfully possessed, owned, utilized
and maintained by such applicant in connection with the use of the premises
and have not been acquired, possessed, or consigned for the sale. The
applicant shall state the date hours, and place of the proposed sale.
5.58.030 Time and place of sale. Only one such sale may be conducted
at a particular place in any six-month period. No sale shall continue more
than three (3) days. Sales shall be conducted between the hours of eight a.m.
and eight p.m. only.
5 .58.040 Display. Merchandise offered for sale shall not be displayed
or stored on public rights-of-way.
5.58.050 Sign. One sign not to exceed Five (5) square feet advertising
the sale shall be authorized subject to the following provisions:
(1) Sign must be located on property where sale is being conducted.
(2) Top of sign shall not exceed four (4) feet from ground level .
(3) Sign shall be single faced.
(4) Off premise signs shall be prohibited.
(5) Sign shall be displayed only on permitted days of sale.
5.58.060 Penalty. Any person, firm or corporation violating any of the
provisions of this Chapter is guilty of an infraction punishable under the
law. 1 _
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect 1
thirty (30) days after passage.
ORD NO. 1181 �(C
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 20th day of April , 1983.
AYES: Councilmembers Foster, Maryanov, Ortner and Mayor Bogert
NOES: None
ABSENT: Councilmember Doyle
ATTE/� CITY OF PALM SPRINGS IFORN
B((y\\�C
� City Clerk yor
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1181 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 20th day of April , 1983, and that same was published
in THE DESERT SUN, a newspaper of general circulation on May 2, 1983.
'L'
1 JUDITH SUMICH
City Clerk
WP
ORDINANCE NO. 1182
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 9306.00 C.4
AND 9306.00 C.a. OF THE PALM SPRINGS ZONING
ORDINANCE REGULATING PARKING LOT LIGHT
STANDARD HEIGHT.
THE CITY COUNCIL OF THE CITY OF PALM SPRING'S, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Section 9306.00 C.4 of the Palm Springs Zoning Ordinance relating
to parking lot light standard height, is hereby amended to read as
follows:
4. LIGHTING. All off-street parking in multiple
residential areas shall provide lighting for night illumination
throughout the parking area. Commercial establishments and
industrial operations shall provide night-lighting throughout
required parking areas at all hours of customer and employee use.
Entries to parking areas for all multiple residential , commercial
and industrial developments shall be required to provide safety
lighting as approved by the Planning Commission.
The light source shall not be visible from off the property, shall
not direct light skyward, and shall be so arranged to reflect
light away from adjoining properties and streets. Light standard
heights shall be as per manufacturer' s recommended photometics ,
but in no case shall the height exceed the maximum permitted
building height of the zone in which it is situated or eighteen
(18) feet, whichever is less. Graduated light standard heights
within a site with lower heights in peripheral areas may be
required by the Planning Commission to provide compatibility with
adjoining properties and streets. Illumination levels in parking
areas which require lighting shall be an average of one-foot
candle with a ratio of average light to minimum light of three to
one (3:1) . Up-lighting in landscaping, low level walk lights and
lighting diffused off of wall surfaces are also encouraged.
SECTION 2. Section 9306.00 C.3.a. of the Palm Springs Zoning Ordinance
relating to landscaping within parking areas is hereby amended to
read as follows:
a. Trees, selected for suitability in regard to eventual
size, spread and climatic conditioning, shall be so placed
throughout the parking area in order to provide adequate shade for
pedestrians and vehicles, and to accent the relationship between
the parking area and the use being served. Tree locations should
not interfere with night lighting of public areas or parking
areas.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
Ord No. 1182
Page 3
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 May , 1983.
AYES: Councilmembers Doyle, Foster, Maryanov, Ortner & Mayor Bogert
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, �C A `
By �� � _
City Clerk Ma
REVIEWED & APPROVED: A�
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held
on the 4th day of May, 1983, and that same was published in THE DESERT SUN
a newspaper of general circulation, on May 12, 1983.
�JUDITH SUMICH
City Clerk
WP
ORDAIA:,. E NO• 1L83
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE PLANNED DEVELOPMENT
DISTRICT (SECTION 9407 .00) OF 'fHE PALM SPRINGS
ZONING ORDINANCE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Section 9407.00 of the Palm Springs Zoning Ordinance relating to
Planned Development Districts is hereby amended to read as follows :
SECTION 9407.00 PLANNED DEVELOPMENT DISTRICT (PD)
Purpose. The Planned Development District is designed to provide various
types of land use which can be combined in compatible relationship with each
other as part of a totally planned development. It is the intent of this
district to insure compliance with the General Plan and good zoning practices
while allowing certain desirable departures from the strict provisions of
specific zone classifications. The advantages which are intended to result
from the application of the Planned Development District are to be insured by
the adoption of a precise development plan with a specific time limit for
commencement of construction. (687: 775:1 1-23-67)
A. APPLICABILITY OF REGULATIONS
The following regulations and general rules set forth in this Section
and in Section 9402.00 (Conditional Use Permit) shall apply in a Planned
Development District. Where a conflict in regulations occurs , the
regulations specified in this Section shall apply. A Planned
Development District may be approved in lieu of a Change of Zone as
specified in Section 9406.00. (687: 775: 921:2 3-13-72)
B. USES PERMITTED
The Planning Commission and City Council shall find that the proposed
uses as shown on the preliminary development plan for the PD are in
conformity with the required findings and conditions as set forth in
Section 9402.00 Conditional Use Permit, of the Palm Springs Zoning
Code,the General Plan and sound community development. Only those uses
approved by the Planning Commission and City Council may be permitted in
the Planned Development District. The following types of uses may be
permitted in a planned development district:
1 . Planned residential development districts may include a
multiplicity of housing types provided the density does not exceed
the General Plan requirements. Housing density may be increased
in conformance with State and local regulations if the district
assists the City in meeting its housing goals as set forth in the
Housing Element of the General Plan. The form and type of
development on the PD site boundary shall be compatible with the
existing or potential development of the surrounding
neighborhoods.
2. A specific commercial use for property adjacent to an existing
commercial zone may be approved as a PD when said property is to
be used for additional off-street parking or an extension of
buildings proposed in the existing commercial zone or in
combination with residential uses. Where this is permitted, the
plan for the total property shall be submitted and the applicant
shall clearly detail , by engineering and architectural
specifications and drawings , the manner in which the subject area
is to be developed and the means that will be employed to protect
the abutting property and the health, safety, welfare and privacy
enjoyed thereon. (687: 775: 1 1-23-67)
Ord No. 1183
Page 2 G3 A
3. In industrial zones, a property which combines industrial and
service commercial uses may be approved as a PD subject to the
performance standards of the M-1-P Zone to protect the health,
safety and welfare of the area. Such PD' s shall be permitted on a
major or secondary thoroughfare as indicated on the General Plan
Street Plan or when these uses are integrated into an overall
development plan. In both instances the proposed use shall not
adversely affect the uses of properties in adjoining areas.
4. Additional uses may be permitted in the PD including churches,
nursery and day schools for pre-school children, va en these uses
are located on a secondary or major thoroughfare as indicated on
the General Plan Street Plan or when these uses are integrated -in-
to an overall development plan and when in both instances the pro-
posed use would not adversely affect the uses of property in
adjoining areas. (687: 775:1 1-23-67)
C. PROPERTY DEVELOPMENT STANDARDS
1 . Maximum building heights and highrise buildings shall conform to
the requirements of the underlying zoning district. Structures
which exceed permitted heights shall generally be subject to the
requirements of Section 9303.00 and 9304 .00.
2. Parking and loading requirements shall be subject to the require-
ments of Sections 9306.00 and 9307.00 respectively.
3. Front yard setbacks compatible with the existing or potential
development adjacent and/or opposite from existing develoment
shall be required to provide for an orderly and uniform transition
along the streetscape to preserve, protect, and enhance the
properties adjacent to a proposed PD. Non-peripheral areas of the
PD shall not be subject to this requirement but shall be deter-
mined by approval of the preliminary development plan by the
Planning Commission.
4. Minimum lot frontage not less than that of existing lots adjacent
and/or opposite from existing developments shall be required to
provide for an orderly and uniform transition along the street-
scape to preserve, protect, and enhance the properties adjacent to
a proposed PD. Non-peripheral areas of the PD shall not be sub-
ject to this requirement but shall be determined by approval of
the preliminary development plan by the Planning Commission.
5. Open space for planned districts shall be equal to or greater than
the minimum open space requirement for the zone in which the
planned district is located, unless otherwise approved by the
Planning Commission and City Council . Recreational areas ,
drainage facilities and other manmade structures may be considered
to meet a part of the open space requirements.
Protection of natural landscape features such as watercourses,
hillsides , sensitive 'land area, existing vegetation, wildlife,
unique topographical features, and views shall be encouraged.
Open spaces shall be integrated into the overall design of the
project.
Open space for commercial , industrial and mixed uses shall be
determined by the Planning Commission & City Council .
D. SUBDIVISION MAP
A Planned Development which requires a subdivision map may include the
required map proceedings in the PD public hearing process.
Ord No. 1183
Page 3
E. ESTABLISHMENT AND DEVELOPMENT OF A PD DISTRICT
A PD may be established through application of the property owner or his
legal representative in accordance with the public hearing procedures of
the Conditional Use Permit as set forth in Section 9402.00 B, compliance
with the requirements of the California Environmental Quality Act, and
the approval of preliminary and final development plans. A PD may be
approved in lieu of a change of zone as specified in Section 9406.00.
(687: 775: 921 :4 945:13 3-27-73)
Development in a PD shall be subject to the requirements of this Section
and shall conform to the specifications of the final development plan as
approved by the City Council .
1 . CALIFORNIA ENVIRONMENTAL QUALITY ACT
PD shall be subject to an environmental assessment as described by
the California Environmental Quality Act to insure that the pro-
posed district will provide a high quality environment for the
residents of Palm Springs. An environmental assessment may be
waived if the proposed site has been previously assessed or is a
portion of a larger district previously assessed, and the proposed
PD is substantially similar in scope to the previously reviewed
project for which an environmental assessment was performed. The
assessment shall be completed simultaneously with the preliminary
development plan.
2. PRELIMINARY DEVELOPMENT PLAN
The applicant shall submit a preliminary development plan package
to the Community Development Department for a preliminary approval '
by the Planning Commission and City Council . A map or site plan
of the subject property shall conform to the requirements of the
preliminary application checklist provided by the Community
Development Department.
3. PRELIMINARY DEVELOPMENT PLAN-APPROVAL BY THE PLANNING COMMISSION
AND CITY COUNCIL
Approval by the Planning Commission and City Council of the pre-
liminary development plan in accordance with the procedures
required by Section 9402.00 of this Ordinance shall constitute
approval of a preliminary Planned Development District. The pre-
liminary development plan shall , by reference, by incorporated in-
to and become a part of the Planned Development District.
(687: 775:1 1-23-67)
4. FINAL DEVELOPMENT PLAN - APPROVAL BY PLANNING COMMISSION AND CITY
COUNCIL
The applicant shall submit a final development plan for approval
by the Planning Commission and City Council . Said final plan
shall be substantially in conformance with the approved prelimi-
nary plan and shall incorporate all modifications and conditions
to the preliminary development plan made by the Commission and
Council , and shall be submitted with the final development plan
checklist provided by the Community Development Division.
(687: 775: 921 :7 3-13-72)
F. PRELIMINARY AND FINAL DEVELOPMENT PLAN - APPEAL OF PLANNING COMMISSION
ACTION
The appeal procedure provided in Section 9402.00-D shall apply.
(687: 775: 921 :10 3-13-72)
Ord No. 1183
Page 4
G. MODIFICATION OF FINAL DEVELOPMENT PLAN
The final development plan may be modified by submitting a request for
such modification according to the same procedure as is required in the
initial review and approval process, including public hearings by the
Planning Commission and City Council in accordance with Section 9402.00
of this Ordinance. Minor architectural or site changes not affecting the
intent of the PD may be approved by the Planning Commission. No Council
action is necessary except appealed decisions.
(687: 775: 921:9 3-13-72)
H. TERMINATION OF PROCEEDINGS
If, within two (2) years after the date of approval by the City Council
of the preliminary development plan, the final development plan, as
indicated in Section 9407.00-I , has not been approved by the City
Council , the procedures and actions which have taken place up to that
time shall be null and void and the Planned Development District shall
expire. Extensions of time may be allowed for good cause.
(687: 775: 921 :8 3-13-72)
1 . TERMINATION OF PLANNED DEVELOPMENT DISTRICT
If, the owner or owners of property in the Planned Development District
have not commenced substantial construction within six (6) months from
the date of the final development plan as approved by the City Council
or within the time set by the City Council approval the Planned Develop-
ment District shall become null and void. Upon the recommendation of
the Planning Commission and for good cause shown by the property owner,
the City Council may extend the six (6) month period required for
commencing construction. (687: 775: 921:11 3-13-72)
For any phased planned development, cessation of development for a
period of two (2) years or more shall require Planning Commission review
and approval prior to further development of the district.
J. DESIGNATION OF PLANNED DEVELOPMENT DISTRICT ON ZONING MAP
Each Planned Development District shall be numbered, the first being
shown on the Official Zoning Map as PD(1) and each District subsequently
adopted being numbered successively. Designation of a Planned Develop-
ment District on the Official Zoning Map shall not constitute an amend-
ment of said Official Zoning Map, except PD' s approved in lieu of a
change of zone as provided in Section 9406.00.
(687: 775: 921 :12 3-13-72)
K. PREVIOUSLY APPROVED PROJECTS
Expired projects approved prior to the adoption of this Section, may
apply for consideration of a time extension under the provisions of this
Chapter within one year from the effective date of this Ordinance. Such
projects shall be subject to all new applicable regulations.
L . REVERSION TO PREVIOUS ZONING
Any PD which has not started construction within the time constraints of
this Ordinance shall revert to the original zoning designation.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
Ord No. 1183
Page 5
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 18th day of May 1983.
AYES: Councilmembers Doyle, Foster, Maryanov, Ortner and Mayor Bogert
NOES: None
ABSENT: None
ATTEST:, CITY OF PALM SPRINGS CALIFORNI
Byf �
_j City Clerk yor
REVIEWED & APPROVED:
Z/1
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the City Council of
the City of Palm Springs, California, in a meeting thereof held on the 18th day of
May, 1983, and that same was published in THE DESERT SUN, a newspaper of general
circulation on June 1, 1983.
�\ \JUDITH SUMICH
City Cleric
WP
ORDINANCE NO. 1184
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING A MAINTENANCE SECTION
9319.00 AND A NEW ITEM 7 TO THE ARCHITECTURAL
REVIEW SECTION 9403.00 TO THE PALM SPRINGS
ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 9319.00 of the Palm Springs Zoning Ordinance relating to
Property Maintenance Standards is hereby added to read as follows:
SECTION 9319.00 - PROPERTY MAINTENANCE STANDARDS
The economic welfare, residential attractiveness, and community character of
Palm Springs are attributable to its unique aesthetic features and setting.
The City finds that proper maintenance of properties is necessary to protect
the welfare, attractiveness, and character of the community. A standard of
maintenance guards against unsafe and unhealthful conditions which can cause
neighborhood deterioration. To insure a proper standard of maintenance, all
properties in the City shall be subject to the following provisions:
1. Vacant properties shall be kept free of trash, building materials or the
storage of other goods. Properties shall also be kept free of excessive
vegetative undergrowth.
2. Buildings shall be maintained in a condition free of the following abuses
including, but not limited to: loose roofing and siding materials,
unconcealed roof equipment, peeling paint or faded stain, broken or
cracked windows, any unsafe structural element or other items which would
degrade the appearance and/or safety of the structure.
3. Site improvements shall be maintained in a condition to guarantee safety
and quality appearance and shall include but not be limited to: parking
and walking areas free of weeds and excessive sand and dirt, visible
parking lot striping, paving materials which provide a smooth, unbroken
surface, unbroken curbs and gutters, litter free trash and loading areas,
walls and fences in a sturdy condition and free of graffitti or the like,
fountains or other water uses which are free of potential health dangers,
lighting, signs, bicycle racks, internal traffic control items such as
speed bumps, and drainage control items which are maintained in safe
repair.
4. Landscaping improvements shall be maintained in a healthy condition and
complimentary to neighboring buildings and properties. Such maintenance
shall include, but not be limited to: lawns which are watered and
trimmed to a uniform height, flowers and ground covers which are healthy
and uniform in their appearance, and shrubs and trees which are trimmed
and pruned to retain their health and adequate clearance over pedestrian
and vehicular areas. Natural landscaping incorporating bare earth or
gravel shall be kept free of weed growth. Plant materials designated on
a landscape plan shall be retained in their natural shape unless other-
wise denoted on the approved plan.
5. Irrigation systems shall provide adequate irrigation to all plant
materials to allow normal growth, retain water within planted areas and
be maintained in an operative condition.
6. Any other provisions established by the Planning Commission to insure
proper maintenance of properties including maintenance standards
established through Architectural Advisory Committee, Conditional Use
Permit, or Plan Development District reviews.
Ord. No. 1184
Page 2
The following new sections shall be incorporated into the Zoning Ordinance.
Each Section shall state:
Section PROPERTY MAINTENANCE STANDARDS
All properties shall be subject to property maintenance standards established
in Section 9319.00.
9200.04 - W 9214.04 - P
9201.04 - 0-20 9215.05 - C-D-N
9202.04 - G-R-5 9216.04 - C-1
9203.04 - R-1-A-H 9217.05 - C-1-A-A
9204.04 - R-1-A 9218.04 - C-2
9205.04 - R-1-B 9219.04 - C-M
9206.04 - R-1-C 9220.06 - M-1-P
9207.04 - R-1-D 9221.05 - M-1
9208.05 - R-G-A(8) 9222.04 - A
9209.05 - R-2 9223.05 - R-G-A(6)
9210.04 - R-3 9224.04 - 0
9211.05 - R-4 9225.04 - 0-5
9212.05 - R-4-V-P 9226.04 - U-R
9212.54 - T 9227.05 - C-S-C
9213.05 - R-T-P 9229.05 - C-B-D
Section 2. Section 9403.00 - Architectural Review is hereby amended by adding
a new item 7 to read as follows:
7. Properties subject to architectural approval shall be maintained is a
condition consistent with the approval of the Planning Commission. Such
maintenance shall include, but not be limited to, the exterior of the
building and grounds, including landscaping, parking and walking areas,
exterior lighting and signing and all other features reviewed by the
Commission. Failure to maintain said property consistent with such
standards shall constitute a public nuisance.
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 6th day of July 1983.
AYES: Councilmembers Doyle, Foster, Ortner and Mayor Bogert
NOES: None
ABSENT: Councilmember Maryanov ----'��
ATTEST: CITY OF PALM SPRINGS, CA J� A
By �( -
tt` TT Cit-'-�TerTc---- - ayor
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1184 was duly adopted by the City Council
of the City of Palm Springs, California in a meeting thereof held on the 6th day of
July, 1983 and was published in THE DESERT SUN, a rLewspaper of general circulation on
July 15, 1983. (0�\ �{,,/-\
UDITH SUMICH
City Clerk
ORDINANCE NO. 1185
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING ORDINANCE
OF THE CITY OF PALM SPRINGS TO ALLOW HOME
OCCUPATION AS A PERMITTED USE IfN VARIOUS
1 RESIDENTIAL, URBAN RESERVE AND GUEST RANCH
ZONES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1. Sections 9202.01.A.7, 9203.01.A.5, 9204.01.A.4, 9205.01.A.4,
9206.01.A.4, 9207.01.A.4, 9208.01.A.5, 9209.01.A.5, 9210.01.A.6,
9211.01.A.6, 9212.01.A.8, 9213.01.A.5, 9223.01.A.5 and 9226.01.B.8
are hereby added to the Zoning Ordinance of the City of Palm
Springs, each to read as follows:
"Home Occupations subject to the provisions of the Palm
Springs Municipal 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 6th day of July , 1983.
AYES: Councilmembers Doyle, Foster, Ortner and Mayor Bogert
NOES: None
ABSENT: Councilmember Maryanov
ATTEST: CITY OF PALM SPRINGS T IFORN
By
City Clerk M r
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1185 was duly adopted by the City Council
of the City of Palm Springs, California, in a meeting thereof held on the 6th day of
July, 1983 and was published in THE DESERT SUN, a newspaper of general circulation on
July 15, 1983.
JUDITH SUMICH
City Clerk
WP
ORDINANCE NO. 1186
AN ORDINANCE OF THE CITY OF' PALM SPRINGS ,
CALIFORNIA, TO ESTABLISH A CITY DISASTER
COUNCIL.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES
ORDAIN, AS FOLLOWS :
Section 1. Chapter 2. 20 of the Palm Springs Municipal Code is
hereby repealed and re-enacted as follows :
2 . 20. 010. Purposes. The declared purposes of
this ordinance are to provide for the preparation
and carrying out of plans for the protection of
persons and property within this city in the event
of an emergency; the direction of the emergency
organization; and the coordination of the emergency
functions of this city with all other public
agencies, corporations, organizations, and
affected private persons.
2 . 20. 020 . Definit _on. As used in this ordi-
nance, "emergency" shall mean the actual or
threatened existence of conditions of disaster
or of extreme peril to the safety of persons and
property within this city caused by such conditions
as air pollution, fire, flood, storm, epidemic,
riot, or earthquake oz' other conditions, including '
without limitation conditions resulting from war
or imminent threat of war, but other than condi-
tions resulting from a labor controversy, which
conditions are or are likely to be beyond the
control of the services, personnel, equipment, and
facilities of this city, requiring the combined
forces of other political subdivisions to combat
2 . 20. 030. Disaster Council Membership, The
City of Palm Springs Disaster Council is hereby
created and shall consist of the following:
A. The director of emergency services, who shall
be chairman.
B. The coordinator of emergency services.
C. Such chiefs of emergency services as are pro-
vided for in a current: emergency plan of this city,
adopted pursuant to this ordinance.
D. Such representatives of civic, business,
labor, veterans, professional, or other organizations
having an official emergency responsibility, as may
be appointed by the director with the: advice and
consent of the City Council.
2 . 20 . 040. Disaster Council Powers and Duties.
It shall be the duty of the City of Palm Springs
disaster Council, and it is hereby empowered, to
develop and recommend for adoption by the City Council
emergency and mutual aid plans and agreements and such
ordinances and resolutions and rules and regulations
Ord. No. 1186
Page 2.
as are necessary to implement such plans and agreements .
The Disaster Council shall meet upon call of the chair-
man or, in the absence from the city or inability to
call such meeting, upon call of the designated replace-
ment as per the order of succession.
2 . 20. 050. Director and Coordinator of Emergency
Services. A. The director is hereby empowered to:
(1) Request the City Council to proclaim the
existence of a "local emergency" if the City Council
is in session. or to issue such proclamation if the
emergency is proclaimed by the director of emergency
services, the City Council shall take action to
ratify the proclamation within 7 days thereafter or
the proclamation shall have no further force or effect.
(2) Request the Governor to proclaim a
"state of emergency" when, in the opinion of the
director, the locally available resources are in-
adequate to cope with the emergency.
(3) Control and direct the effort of the
emergency organization of this city for the accom-
plishment of the purposes of this ordinance.
(4) Direct cooperation between and coordi-
nation of services and staff of the emergency organi-
zation of this city; and resolve questions of
authority and responsibility that may arise between
them.
(5) Represent this city in all dealings with
' public or private agencies on matters pertaining to
emergencies as defined herein.
(6) In the event of the proclamation of a
"local emergency" as herein provided, the proclama-
tion of a "state of emergency" by the Governor or the
Director of the State Office of Emergency Services, or
the existence of a "state of war emergency, " the
director is hereby empowered :
(a) To make and issue rules and regula-
tions on matters reasonably related to the protection
of life and property as affected by such emergency;
provided, however, such rules and regulations must be
confirmed at the earliest practicable time by the City
Council;
(b) To obtain vital supplies, equipment,
and such other properties found lacking and needed for
the protection of life and property and to bind the
city for the fair value thereof and, if required
immediately, to commandeer the same for public use;
(c) To require emergency services of any
city officer or employee and, in the event of the
proclamation of a "state of emergency" in the county in
which this city is located or the existence of a "state
of war emergency, " to command the aid of as many
citizens of this community as he deems necessary in
the execution of his duties; such persons shall be
entitled to all privileges, benefits, and immunities
as are provided by state law for registered disaster
service workers;
(d) To requisition necessary personnel
or material to any city department or agency; and
(e) To execute all of his ordinary power
as city manager, all to the special powers conferred
upon him by this ordinance or by resolution or emergency
Ord. No. 1186
Page 3.
plan pursuant hereto adopted by the City Council, all
powers conferred upon him by any statute, by any agree-
ment approved by the City Council, and by any other
lawful authority.
B. The director of emergency services shall de-
signate the order of succession to that office, to
take effect in the event the director is unavailable
to attend meetings and otherwise perform his dirties
during an emergency. Such order of succession shall be
approved by the City Council.
C. The coordinator shall, under the supervision of
the director and with the assistance of emergency
service chiefs, develop emergency plans and manage
the emergency programs of this city; and shall have
such other powers and duties as may be assigned by
the director.
2 . 20. 070. Emergency organization. All officers
and employees of this city, together with those volun-
teer forces enrolled to aid them during an emergency
and all groups, organizations, and persons who may, by
agreement or operation of law, including persons
impressed into service under the provisions of Section
2 . 20 . 050 A. (6) (c) of this code, be charged with
duties incident to the protection of life and property
in this city during such emergency, shall constitute
the emergency organization of the City of Palm Springs .
2 . 20. 080 . Emergency Plan. The City of Palm Springs '
Disaster Council shall be ,responsible for the develop-
ment of the City of Palm Springs Emergency Plan, which
plan shall provide for the effective mobilization of
all the resources of this city, both public and private,
to meet any condition constituting a local emergency,
state of emergency, or state of war emergency; and
shall provide for the organization, powers and duties,
services, and staff of the emergency organization.
Such plan shall take effect upon adoption by reso-
lution of the City Council.
2. 20. 090. Expenditures. Any expenditures made in
connection with the emergency activities, including
mutual aid activities, shall be deemed conclusively
to be for the direct protection and benefit of the
inhabitants and property of the City of Palm Springs.
2 . 20 . 100. Punishment of Violation. It shall be
a misdemeanor, punishable by a fine of not to exceed
five hundred dollars ($500) , or by imprisonment for
not to exceed six months, or both, for any person,
during an emergency to :
A. Willfully obstruct, hinder, or delay any
member of the emergency organization in the enforcement
of any lawful rule or regulation issued pursuant to
this ordinance, or in the performance of any duty
imposed upon him by virtue of this ordinance.
B. Do any act forbidden by any lawful rule or
regulation issued pursuant to this ordinance, if such
act is of such a nature as to give or be likely to
Ord. No. 1186
Page 4.
give assistance to the enemy or to imperil the lives
or property of inhabitants of this city, or to prevent,
hinder, or delay the defense or protection thereof.
' C. Wear, carry, or display, without authority, any
means of indentification specified by the emergency
agency of the State.
Section 2 . Effective Date. This ordinance shall become effective
thirty days from and after its passage.
Section 3. Publication. The City Clerk is hereby ordered and
directed to certify to the passage of this Ordinance,
and to cause same to be published once in THE DESERT
SUN, a daily newspaper of general circulation, printed,
published and circulated in the City of Palm Springs ,
California.
ADOPTED this 6th day of July 190"3 .
AYES: Councilmembers Doyle, Foster, Ortner and Mayor Bogert
NOES : None
ABSENT:Councilmember Maryanov
ATTEST: ` CITY OF PALM SPRING, CAL . 0 IA
By
City Clerk Mayor
' REVIEWED & APPROVED
-
I HEREBY CERTIFY that the foregoing Ordinance 1186 was duly adopted
by the City Council of the City of Palm Springs, California, in a
meeting thereof held on the 6th day of July, 1983, and that same was
published in THE DESERT SUN, a newspaper of general circulation on
July 23, 1983.
AJUDITH SUMICH
City Clerk
ORDINANCE NO. 1187
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AND ADOPTING THE
REDEVELOPMENT PLAN FOR THE PALM SPRINGS
REDEVELOPMENT PROJECT.
WHEREAS, the City Council of the City of. Palm Springs
has received from the Redevelopment Agency of the City of
Palm Springs (the "Agency") the proposed Redevelopment Plan '
(the "Redevelopment Plan") for the 'Tahquitz-Andreas Rede-
velopment Project (the "Project") , as approved by the
Agency, a copy of which is on file at the office of the
Agency at 3200 Tahquitz-McCallum Way, Palm Springs, Cali-
fornia, and at the office of the City Clerk , City Hall,
3200 Tahquitz-McCallum Way, Palm Springs, California,
together with the Report of the Agency, including the
reasons for the selection of the Project Area, a descrip-
tion of the physical, social and economic conditions exist-
ing in the Project Area, the proposed method of financ-
ing the redevelopment of the Project Area, a plan for the
relocation of business owners and tenants who may be
temporarily or permanently displaced from the Project Area,
an analysis of the Preliminary Plan,, the report and recom-
mendations of the Planning Commission of the City of Palm
Springs (the "Planning Commission") ,, a summary of meetings
of the Project Area Committee , an environmental impact
report on the Redevelopment Plan, the report of the County
Fiscal Officer and the Agency' s analysis thereof, and a
neighborhood impact report; and
WHEREAS, the Planning Commission has submitted to the
Council its report and recommendations for approval of the
Redevelopment Plan and its certification that the Redevelop- '
,sent Plan conforms to the General Plan for the City of
Palm Springs; and
WHEREAS, the Council and the Agency held a joint public
hearing on July 13 , 1983, on adoption of the Redevelopment
Plan and on certification of the Final Environmental Impact
Report on the Redevelopment Plan, in the City Council
Chambers , City Hall, 3200 Tahquitz-McCallum Way,
Palm Springs , California; and
WHEREAS, a notice of said hearing was duly and regu-
larly published in the Desert Sun, a newspaper of general
circulation in the City of Palm Springs, once a week for
four successive weeks prior to the date of said hearing,
and a copy of said notice and affidavit of publication are
on file with the City Clerk and the Agency; and
WHEREAS, copies of the notice of joint public hearing
were mailed by certified mail with return receipt requested
to the last known address of each assessee, as shown on the
last equalized assessment roll of the County of Riverside,
of each parcel of land in the proposed Project Area; and
WHEREAS , each assessee in the Project Area was sent a
separate statement, attached to the notice of joint public
hearing, that his property may be subject to acquisition by
Purchase or condemnation under the provisions of the Rede-
velopment Plan; and
WHEREAS, copies of the notice of joint public hearing
were mailed by certified mail with return receipt requested
to the governing body of each taxing agency which receives
taxes from property in the Project Area; and
WHEREAS, the Agency has prepared and submitted a pro-
gram for the relocation of persons and businesses who may
be displaced as a result of carrying out the Project in
accordance with the RPa PVP1nnmPn}' Plan and
WHEREAS , the Council has general knowledge of the
conditions existing in the Project Area and of the availa-
bility of suitable housing in the City for the relocation
of families and persons who may be displaced by the
Project, and in the light of such knowledge of local hous-
ing conditions, has carefully considered and reviewed such
program for relocation; and
WHEREAS, the Council has considered the report and
recommendations of the Planning Commission, the report of
the Agency, the Redevelopment Plan and its economic feasi-
bility, the feasibility of the relocation program and the
Environmental Impact Report, has provided an opportunity
for all persons to be heard and has received and considered
all evidence and testimony presented for or against any and
all aspects of the Redevelopment Plan; and
WHEREAS , the Agency and Council have reviewed and
considered the Environmental Impact Report for the Rede-
velopment Plan, prepared and submitted pursuant to Public
Resources Code Section 21151 and Health and Safety Code
Section 33352 , and certified the completion of said
Environmental Impact Report on July 13, 1983 , by Agency
Resolution No. 146 and Council Resolution No. 14659 ;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS :
Section 1. That the purpose and intent of the City
Council with respect to the Project Area is to accomplish
the following :
a. The elimination of environmental deficiencies in
the Project Area, including, among others, small and
irregular lots, obsolete and aged building types, substan-
dard alleys and deteriorated public improvements.
b. The assembly of land into parcels suitable for
modern, integrated development with improved pedestrian and
vehicular circulation in the Project Area.
C. The replanning , redesign and development of
undeveloped areas which are stagnant or improperly utilized.
d. The strengthening of retail and other commercial
functions in the area.
e. The strengthening of the economic base of the
Project Area and the community by the installation of
needed site improvements to stimulate new commercial expan-
sion, employment and economic growth.
f. The provision of adequate land for parking and
open spaces.
g. The establishment and implementation of perfor-
mance criteria to assure high site design standards and
environmental quality and other design elements which pro-
vide unity and integrity to the entire Project.
h. The strengthening of the economic base of the
Project Area and the community by assisting in the develop-
ment of a cultural and convention facility or facilities.
Section 2. The Council hereby finds and determines
that:
a. The Project Area is a blighted area, the rede-
velopment of which is necessary to effectuate the public
purposes declared in the California Community Redevelopment
Law (Health and Safety Code Section 33000 et seq. ) . This
finding is based upon the following conditions which charac-
terize the Project Area:
(1) The existence of unfit or unsafe buildings
and structures due to age , obsolescence, or mixed character.
(2) The existence of properties which suffer
from economic dislocation, deterioration and disuse result-
ing from faulty planning; and
(3) A lack of proper utilization of property,
resulting in a stagnant and unproductive condition of land
potentially useful and valuable.
It is further found and determined that such '
conditions are causing and will increasingly cause a reduc-
tion and lack of proper utilization of the area to such an
extent that it constitutes a serious, physical, social and
economic burden on the City, which cannot reasonably be
expected to be reversed or alleviated by private enterprise
acting alone , requiring redevelopment in the interest of
the health, safety and general welfare of the people of the
City and the State. This finding is based on the fact that
governmental action available to the City without redevelop-
ment would be insufficient to cause any significant correc-
tion of the blighting conditions, and that the nature and
costs of the public improvements and facilities required to
correct the blighting conditions are beyond the capacity of
the City and cannot be undertaken or borne by private enter-
prise, acting alone or in concert with available govern-
mental action.
b. The Redevelopment Plan will redevelop the Project
Area in conformity with the Community Redevelopment Law and
in the interests of the public peace, health, safety and
welfare. This finding is based upon the fact that rede-
velopment of the Project Area will implement the objectives
of the Community Redevelopment Law by aiding in the elimi-
nation and correction of the conditions of blight, provid-
ing for planning , development, redesign, clearance , recon-
struction or rehabilitation of properties which need
improvement, and providing for higher economic utilization
of potentially useful land.
C. The adoption and carrying out of the Redevelopment
Plan is economically sound and feasible. This finding is
based on the fact that under the Redevelopment Plan no
public redevelopment activity will be undertaken unless the
Agency can demonstrate that it has adequate revenue to
finance the activity.
d. The Redevelopment Plan conforms to the General
Plan of the City of Palm Springs. This finding is based on
the finding of the Planning Commission that the Redevelop-
ment Plan conforms to the General Plan for the City of Palm
Springs.
e. The carrying out of the Redevelopment Plan will
promote the public peace, health, safety and welfare of the
City of Palm Springs and will effectuate the purposes and
policy of the Community Redevelopment. Law. This finding is
based on the fact that redevelopment will benefit the
Project Area by correcting conditions of blight and by
coordinating public and private actions to stimulate deve-
lopment and improve the economic, social and physical con-
ditions of the Project Area.
f. The condemnation of real property, as provided
for in the Redevelopment Plan, is necessary to the execution
of the Redevelopment Plan, and adequate provisions have
been made for the payment for property to be acquired as
provided by law. This finding is based upon the need to
ensure that the provisions of the Redevelopment Plan will
be carried out and to prevent the recurrence of blight.
g. The Agency has a feasible method and plan for the
relocation of families and persons who might be displaced,
temporarily or permanently, from housing facilities in the
Project Area. This finding is based upon the fact that the
Redevelopment Plan provides for relocation assistance
according to law and the fact that no residential displace-
ment is contemplated.
1 h. There are, or are being provided, within the
Project Area or within other areas not generally less desir-
able with regard to public utilities and public and commer-
cial facilities and at rents or prices within the financial
means of the families and persons who might be displaced
from the Project Area, decent, safe and sanitary dwellings
equal in number to the number of and available to such
displaced families and persons and reasonably accessible to
their places of employment. This finding is based upon the
fact that no person or family will be required to move from
any dwelling unit until suitable replacement housing is
available.
i. Inclusion of any lands, buildings or improvements
which are not detrimental to the public health, safety or
welfare is necessary for the effective redevelopment of the
entire area of which they are a part, and any such area is
not included for the purpose of obtaining the allocation of
tax increment revenues from such area pursuant to Sec-
tion 33670 of the Community Redevelopment Law without other
substantial justification for its inclusion. This finding
is based upon the fact that the boundaries of the Project
Area were chosen as a unified and consistent whole to
include lands that were underutilized because of blighting
influences , or affected by the existence of blighting
influences, and land uses significantly contributing to the
conditions of blight, whose inclusion is necessary to
accomplish the objectives and benefits of the Redevelopment
Plan.
j . The elimination of blight and the redevelopment
of the Project Area could not reasonably be expected to be
accomplished by private enterprise acting alone without the
aid and assistance of the Agency. This finding is based
upon the existence of blighting influences, including the
lack of adequate public improvements and facilities, and
the inability of individual developers to economically
remove these blighting influences without substantial public
assistance in providing adequate public improvements and
facilities, the inability of low- and moderate-income
persons to finance needed improvements and the inadequacy
of other governmental programs and financing mechanisms to
eliminate the blight including the provision of necessary
public improvements and facilities.
k. The Redevelopment Plan for the Project Area will
afford the maximum opportunity, consistent with the sound
I needs of the City as a whole, for the redevelopment of such
area by private enterprise.
1. The Redevelopment Plan contains adequate safe-
guards so that the work of redevelopment will be carried
out pursuant to the Redevelopment Plan, and it provides for
the retention of controls and the establishment of restric-
tions and covenants running with the land sold or leased
for private use for periods of time and under conditions
specified in the Redevelopment Plan, which this Council
deems necessary to effectuate the purposes of the Community
Redevelopment Law.
Section 3 . The Council is satisfied that permanent
housing facilities will be available within three years
from the time occupants of the Project Area are displaced ,
if any, and that pending the development of such facilities,
there will be available to any such displaced occupants
temporary housing facilities at rents comparable to those
in the City of Palm Springs at the time of their displace-
ment. No persons or families of low or moderate income
shall be displaced from residences unless and until there
are suitable housing units available and ready for occu-
pancy by such displaced persons or families at rents
comparable to those at the time of their displacement.
Such housing units shall be suitable to the needs of such
displaced persons or families and must be decent , safe ,
sanitary and otherwise standard dwellings . The Agency
shall not displace any such persons or families until such
housing units are available and ready for occupancy.
Section 4 . The Council is convinced that the effect
Of tax increment financing will not cause a severe financial
burden or detriment on any taxing agency deriving revenues
from the Project Area .
Section 5. Written objections to the Redevelopment
Plan filed with the City Clerk before the hour set for
hearing and all oral objections presented to the Council at
the hearing having been considered are hereby overruled.
Section 6- The mitigation measures , as identified in Council reso-
lution No. 14659 and Agency resolution No. L46 , adopted
uJul 13, 1983, certif in the completion of the final Environmental
pac Report on the Redevelopment Plan , are incorporated into the pro- '
posed redevelopment of the Project area.
Section 7 . That certain document entitled "Redevelop-
ment Plan for the Tahquitz-Andreas Redevelopment Project , "
the maps contained therein and such other reports as are
incorporated therein by reference , a copy of which is on
file in the office of the City Clerk , having been duly
reviewed and considered , is hereby incorporated in this
Ordinance by reference and made a part hereof , and as so
incorporated, is hereby designated , approved and adopted as
the official "Redevelopment Plan for the Tahquitz-Andreas
Redevelopment Project. "
Section 8 . in order to implement and facilitate the
effectuation o f the Redevelopment Plan hereby approved ,
this Council hereby (a) pledges its cooperation in helping
to carry out the Redevelopment Plan, (b) requests the
various officials, departments , boards and agencies of the
City having administrative responsibilities in the Project
Area likewise to cooperate to such end and to exercise their
respective functions and powers in a manner consistent with
the redevelopment of the Project Area , (c) stands ready to
consider and take appropriate action upon proposals and
measures designed to effectuate the Redevelopment Plan, and
(d) declares its intention to undertake and complete any
proceeding necessary to be carried out by the City under
the provisions of the Redevelopment Plan.
Section 9 . The City Clerk is hereby directed to send
a certi ie copy of this Ordinance to the Agency whereupon
the Agency is vested with the responsibility for carrying
out the Redevelopment Plan.
Section 10 . The City Clerk is hereby directed to record
with the County Recorder of Riverside County a description
of the land within the Project Area and a statement that
proceedings for the redevelopment of the Project Area have
,. - ,_ � a RaAnvPInnmanh T,Aw.
NOTICE OF CLERICAL ERROR
RE: ORDINANCE 1187
Pursuant to a review of Ordinance No. 1187, an Ordinance
of the City of Palm Springs, California, approving and adopting
the Redevelopment Plan for the Tahquit_z-Andreas Redevelopment
Project, published July 23, 1983, differences of a clerical
nature were discovered between the published and adopted
versions of the Ordinance.
The following passage was included in the published Ordinance
and should be omitted:
(Section 2, (3) , (g)) ". . .and the fact that no residential
displacement is contemplated. "
The following passage was omitted from the published Ordinance
and should be included:
"Section 6. The mitigation measures, as identified
in Council Resolution No. 14659 and Agency Resolution
No. 146, adopted on July 13, 1983, certifying the
completion of the final Environmental Impact Report
on the Redevelopment Plan are incorporated into the
proposed redevelopment of the Project Area. "
Notice is hereby given that a true and correct copy of the
Ordinance No. 1187 is on file with the City Clerk of the
City of Palm Springs.
Dated: August 15, 1983
JUDITH SUMICFI
City Clerk
Published: The Desert Sun
8-23-83
1
Ordinance 1187
Section 11. EFFECTIVE DATE. This Ordinance shall be
in full force and effect thirty (30) days after passage .
Section 12. PUBLICATION. The City Clerk is hereby
ordered and directed to certify to the passage of this
I Ordinance and to cause the same to be published once in the
Desert Sun, a daily newspaper of general circulation, pub-
lished and circulated in the City of Palm Springs, Cali-
fornia.
Section 13. SEVERABILITY. If any part of this
Ordinance or the Redevelopment Plan which it approves is
held to be invalid for any reason, such decision shall not
affect the validity of the remaining portion of this
Ordinance or of the Redevelopment Plan, and this Council
hereby declares that it would have passed the remainder of
this Ordinance or approved the remainder of the Redevelop-
ment Plan if such invalid portion thereof had been deleted.
PASSED AND ADOPTED this 19th day of July r
1983 , by the following vote:
AYES: Councilmembers Foster, Ortner and Mayor pro tem Doyle
NOES: None
ABSENT: Councilmember Maryanov and Mayor Bogert
ATTEST: CITY OF PALM SPRINGS , CALIFORNIA
1_7
Byc,/ T� __ /I
City Clerk Mayor pro. t
REVIEWED AND APPROVED F��
I HEREBY CERTIFY that the foregoing Ordinance 1187 was duly adopted
by the City Council of the City of Palm Springs, California, in a
meeting thereof held on the 19th day of July, 1983, and was published
in THE DESERT SUN, a newspaper of general circulation, on July 23,
1983.
yrJ
UDITH SUMICH
�` City Clerk
ORDINANCE NO. 1188
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA LEVYING A SPECIAL TAX FOR POLICE
PROTECTION, AUTHORIZING SURCHARGE THEREOF ON
RENT-CONTROLLED PROPERTY, AND INCREASING THE
CITY OF PALM SPRINGS ' SPENDING LIMIT SET IN
ACCORDANCE WITH ARTICLE XIII E OF THE CALIFORNIA
CONSTITUTION BY THE AMOUNT OF THE PROCEEDS OF
THE SPECIAL TAX.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS :
SECTION 1. Pursuant to the authority of Section 53978 of the
California Government Code, there is hereby levied and assessed
a special tax by the City of Palm Springs on each parcel of
property in the City of Palm Springs for each fiscal year, com-
mencing with the 1984-85 fiscal year, and terminating at the
end of the 1989-90 fiscal year unless extended, as herein
provided, by vote of the electors .
SECTION 2 . The special tax and the classes of parcels shall be
as follows :
Class Nature of Use or Improvements Tax
1. Residential (Including without limita-
tion, single and multi-family, condo- $ 25 . 00 per dwelling
miniums , apartments and mobile homes . ) unit
2 . Hotels (Not including parcels in
Class 1. )
(a) 100 rooms or less 3. 00 per room plus
(b) 101-200 rooms 2 . 00 per room plus
(c) 201-300 rooms 1. 00 per room plus
(d) Each room in excess of 300 . 50 per room
3 . Commercial (Including without limitation
retail, wholesale, professional and
other service, industrial and all other
uses of improved parcels not within 49. 55 per business
Class 1 or 2. ) unit
4 . Unimproved parcels No tax until improved
(a) The classes of parcels , according to the class of
improvement to property, or the nature of use of the property,
or both, and the class assigned to each parcel, shall be those
described in the "Report" filed July 12, 1983 in the Office of
the City Clerk.
Ord. No . 1188
Page 2
(b) An offical (tax levy) Assessment Book designating the
proposed tax on each parcel will be on file in the office of the
City Clerk not later than 30 days prior to the effective date of
this ordinance, and in no event later than 15 days prior to the
election at which this ordinance will be submitted to the voters
for approval and is incorporated herein by reference.
(c) The records of the Riverside County Assessor as of
March 1st of each year preceding the applicable fiscal year shall
determine whether or not any particular lot is unimproved for the
purposes of this section. "Parcel of property" as used in this
Ordinance shall mean any contiguous unit of improved or unimproved
real property held in separate ownership, including, but not
limited to, any single family residence, or any other unit of
real property subject to the California Subdivided Lands Act
(Business and Professions Code, Section 11000 , et seq. ) .
(d) The tax imposed by this Ordinance shall be a tax upon
each parcel of property, and the tax shall not be measured by
the value of the property.
(e) As required by Government Code, Section 53978 (b) , the
City Council has determined that 100 percent of each levy of such
special tax shall be for police protection expenses to provide
police services at levels in excess of such services provided in
fiscal year 1983-84 .
SECTION 3 . The special tax imposed by Section 2 shall be due in
two equal installments in accordance with the collection procedures
of the Riverside County Tax Collector with the first installment
for the first fiscal year, to wit: 1984-85 being due November 1,
1984 , and the second installment for said fiscal year being due on
' February 1, 1985 . The special tax for subsequent fiscal years shall
be due on the same basis, in the same manner, and on the same appli-
cable dates as extablished by law for the due dates for the other
charges and taxes fixed and collected by the County of Riverside on
behalf of the City of Palm Springs.
SECTION 4 . The revenue raised by this Ordinance shall be placed
in a. special fund to be used only for the purposes set forth in
Government Code Section 53978 , namely: for obtaining, furnishing,
operating, and maintaining police protection equipment or apparatus ,
for paying the salaries and benefits to police protection personnel,
and for other necessary police protection expenses of the City of
Palm Springs, and only to provide police protection services at
levels in excess of such services provided in fiscal year 1983-84 .
SECTION 5 . The City Council, by three (3) affirmative votes, is
empowered:
(a) To suspend all or any part of the tax imposed by this
Ordinance and shall suspend each part of said tax as the City Council
finds in the exercise of reasonable discretion and fiscal prudence
is riot required to provide an adequate level of Police Department
services in the City in accordance with the purposes set forth in
this; Ordinance;
(b) To increase the rate or amount of the tax imposed by
this; Ordinance proportionately upon all of the classes of parcels
designated in Section 2 , provided that such increase as to any
pracel shall not exceed in any one year eight percent (8%) or
three-fourths of the percentage increase in the Consumer Price
Index (Los Angeles-Anaheim-Long Beach Metropolitan Area, All
Urban Consumer, All Items , 1967 base) for the preceeding calendar
year, whichever is the lesser increase.
Ord. No. 1188
Page 3
(c) To sit as a Board of Equalization under procedures to be
adopted to equalize inequities and reduce hardships created by a
literal application of this ordinance, and such shall be deemed
an administrative remedy.
SECTION 6 . The City Council shall be empowered to amend this
ordinance by three (3) affirmative votes of the members thereof
in order to carry out the general purposes of this ordinance in order
to conform to state law that permits the County Tax Collector, or
other proper official, to collect a special tax such as is levied
by this ordinance in conjunction with county taxes or in order to
assign duties pursuant to the ordinance to other officers .
SECTION 7 . No section of this ordinance shall be construed to
permit, and the City Council is expressly prohibited from increasing
the amount of any special tax levy or penalty imposed by this ordi-
nance, except as provided in Section 5 (b) .
SECTION 8. The special tax imposed hereby shall be collected in the
same manner, on the same dates , and subject: to the same penalties and
interest in accordance with the established dates as, or with, other
charges and taxes fixed and collected by the County of Riverside on
behalf of the City of Palm Springs and the said County may deduct its
reasonable costs incurred for such service before remittal of the
balance to the City.
Said special tax, together with all penalties and interest
thereon, shall constitute a lien upon the parcel upon which it is
levied until it has been paid, and said special tax, together with
all penalties and interest thereon, shall, until paid, constitute
a personal obligation to the City of Palm Springs by the persons
who own the parcel on the date the tax is due .
SECTION 9 . The special tax hereby imposed shall not be imposed '
upon a Federal or State governmental agency or other local agency
or upon any parcel of property that is exempt from the special tax
imposed by this ordinance pursuant to any provision of the Consti-
tution or any paramount law; however, nothing contained herein shall
be construed as limiting or prohibiting the imposition of such special
tax upon possessory interests in any such exempt property.
SECTION 10 . The Ordinance of the City of Palm Springs Limiting Rents
on Residential Units, " adopted as an initiative measure by the voters
at the General Municipal Election held April 8 , 1980 , is hereby amended
by adding thereto Section 6 . 6 , to read as follows :
" 6 . 6 Pass Through of Voter Approved Taxes . The landlord
of any residential rental unit covered by this ordinance may
pass through to the tenant of such residential rental unit,
as a surcharge on rent, the pro rata share of any tax assessed
against the property on which such residential unit is located,
provided that such tax has been approved by the voters of the
City of Palm Springs at an election held after July 1 , 1983 ,
and provided that the landlord has paid such tax. The amount
of such surcharge shall not exceed the amount of the voter
approved tax assessment attributable to each such residential
rental unit. This section shall not be construed as
authorizing any charge to be paid by a tenant contrary to the
provisions of any lease or rental agreement. "
Ord. No . 1188
Page 4
SECTION 11. Pursuant to California Constitution, Article XIII B,
the appropriations limit for the City of Palm Springs will be in-
creased by the aggregate sum collected by levy of this special tax
plus the amount, if any, by which the appropriations limit is
decreased by law as a result of the assessment of a special tax set
forth in this ordinance, such appropriations limit increase to ex-
pire at the end of four years unless extended by the voters at a
regularly scheduled election.
SECTION 12 . Unexpended residue of any money raised by the City
under this ordinance may only be used in the succeeding year for
the purposes stated in this ordinance by lowering the next year ' s
tax by the amount unexpended or returned to the taxpayers on the
same pro rata basis as originally levied.
SECTION 13 . If any provision of this ordinance or the application
thereof to any person or circumstances is held invalid or unconsti-
tutional by any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect any other provision or appli-
cations, and to this end the provisions of this ordinance are
declared to be severable. The City Council, and the electorate by
referendum, hereby declare that they would have adopted this
ordinance and each section, subsection, sentence, clause, phrase,
part or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences , clauses, phrases, parts or
portions thereof, be declared invalid or unconstitutional .
SECTION 14 . This ordinance, or any provision thereof other than
those provisions, if any, which provide for modification by the
City Council of the City of Palm Springs , may only be amended by
legally sufficient approval of the voters voting on the provisions
at any initiative or referendum election.
SECTION 15 . This ordinance shall be referred to and shall be
effective only if approved as an initiative or referendum measure
by two-thirds (2/3) of the voters voting at an election to be held
November 8 , 1983 , and shall go into effect ten (10) days after the
City Council has, by resolution, declared that such referendum
measure: was approved by two-thirds (2/3) of the voters voting
thereon.
SECTION 16. The special tax levied by this ordinance shall termin-
ate as of ,tune 30 , 1990 , unless the voters of the City of Palm
Springs , at a regularly scheduled election duly held prior to that
time, shall approve an equivalent increase of the appropriations
limit of the City pursuant to California Constitution, Article
XIII B for a period of time extending beyond June 30 , 1990 , in
which event the special tax levied by this ordinance shall continue
for the same period of time as such increased appropriations limit,
not to exceed four years from the date of the election at which the
appropriations limit is approved.
SECTION 17 . The City Clerk shall certify to the passage and adop-
tion of`. this ordinance and shall cause the same to be published as
required by law.
ADOPTED this 3rd day of August 1983 .
AYES: Councilmembers Doyle, Poster, Maryanov, Ortner and Mayor Bogert
NOES : None
ABSENT:None
ATTEST : p CITY OF PALM SPRINGS, OR
By:"
' City Clerk Mayor
REVIEWED & APPROVED
I HEREBY CERTIFY that the foregoing Ordinance 1188 was duly adopted by the City Council of the
City of Palm Springs, California, in a meeting thereof held on the 3rd day of August, 1983,
and same was published in THE DESERT SUN, a newspaper of general cir'cu,�ation Ayg. 11, 1983.
ORDINANCE NO. 1189
AN URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA PROHIBITING NUDITY IN
COMMERCIAL ACTIVITIES .
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES
ORDAIN AS FOLLOWS :
SECTION 1 . Purpose. This ordinance is intended to prohibit
exposure of designated portions of the human anatomy in furtherance
of commercial activity within the City. :such exposure when prac-
ticed for the purpose of attracting or enticing clientele, or for
other commercial purposes not related to artistic or other pro-
tected forms of expression, is found by the City Council to be
detrimental to the public health, safety, morals and general
welfare, and not in keeping with the image, style and nature of
businesses found necessary and desirable for the economic well-
being of the tourist based economy of the City.
SECTION 2. Chapter 11 . 10 is hereby added to the Palm Springs
Municipal Code to read as follows :
Chapter 11. 10
Commercial Nudity
Sections: 11. 10 . 010 . Commercial Nudity-Prohibited
11. 10. 020 . Commercial Nudity-Permitting
11. 10. 030 . Compensation not Controlling
11. 10 . 040 . Exemption
11. 10. 010. Commercial Nudity-Prohibited. Every person
is guilty of a misdemeanor who, while engaging in commercial
activity
(a) exposes his or her genitals, pubic hair, buttocks,
natal cleft, perineum or anal region ; or
(b) exposes any portion of the female breast at or
below the areola thereof .
11. 10. 020. Commercial Nudity-Permitting . Every person
is guilty of a misdemeanor who causes , permits, counsels or
assists any person to commit any act: prohibited by Section
11. 10. 010.
11. 10 . 030 . Compensation Not Controlling. A person shall
be deemed to be engaged in commercial activity without regard
to whether such person is paid any compensation by the manage-
ment of the establishment in which the activity is performed,
provided that the prohibited act is performed in furtherance
of the establishment' s commercial enterprise.
11. 10. 040. Exemption. The provisions of this chapter
shall not apply to actors, dancers, and other entertainers
actually engaged in a lawful performance.
SECTION 3 . This ordinance shall take effect as an urgency measure
immediately upon adoption. It is hereby declared that it is
necessary for the public peace, health, safety and general welfare
that this ordinance be adopted as an urgency measure. The facts
constituting the urgency are that application has been made and
Ord. No. 1189
Page 2
plans appear imminent to establish one or more businesses within
the City in which male or female employees would provide personal
grooming services to customers while such employees were unclothed
above the waist, or otherwise partially or totally nude, and the
Council has found and determined that such nudity of employees or
partial nudity of female employees would be degrading to the image
of the City and detrimental to the economy and general welfare of
the City.
SECTION 4. The City Clerk is hereby ordered and directed to
certify to the passage of this ordinance and to cause the same or
summary thereof or a display advertisement, duly prepared according
to law, to be published in accordance with law.
ADOPTED this 27th day of July 19=
AYES: Councilmembers Doyle, Foster, Ortner and Mayor Bogert
NOES : None
ABSENT: Councilmember Maryanov
ATTEST: CITY OF PALM SPRINGS, IFORN
By -
(/' City Clerk Mayor
REVIEWED & APPROVED A /
I HEREBY CERTIFY that the foregoing Ordinance 1189 was duly adopted by the
' City Council of the City of Palm Springs, California, in a meeting thereof held on
the 27th day of July, 1983, and same was published in THE DESERT SUN, a newspaper
of general circulation, on August 2, 1983. O
JUDITH SUMICH
City Clerk
ORDINANCE NO. 1190
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 2 . 04 OF THE PALM
SPRINGS MUNICIPAL CODE RELATING TO CITY COUNCIL
STUDY SESSIONS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, DOES ORDAIN, AS
FOLLOWS :
SECTION 1. Section 2. 04. 015 is hereby added to the Palm
Springs Municipal Code, to read as follows :
"2 . 04 . 015 Study session. Regular study session
meetings of the City Council shall be held in the City
Hall, 3200 East Tahquitz-McCallum Way, in the City, on
each Tuesday at the hour of three p.m. The primary pur-
pose of the regular study sessions is the review and
discussion of matters on the agenda for the next regular
meeting of the city council; however any matter of or
pertaining to city business may be discussed at a study
session, provided that administrative appeals shall not
be reviewed or discussed at study session unless reason-
able notice to that effect has been given to the appel-
lant or other party entitled to notice, and such person
is afforded an opportunity to be present, hear such
discussion and to examine any reports, documents or
other evidence furnished to the City Council at such '
study session.
Additional study sessions may be held at any time
upon giving such notice as is required by law. "
SECTION 2 . 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 adver-
tisement, duly prepared according to law, to be published in
accordance with law.
ADOPTED THIS 17th day of August 1983
AYES: Councilmembers Doyle, Foster, Maryanev and Mayor Bogert
NOES : None
ABSENT: None
ABSTAINED: Councilmember Smith
ATTEST: CITY 0F PALM SPRI , CAORNIA
By
City Clerk May
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1190 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof
held on the 17th day of August, 1983, and same was published in THE DESERT
Sun, a newspaper of general circulation, on August 23, 1983.
\` L
CST DITH SUMICH
City Clerk
ORDINANCE NO, 1191
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 2 . 04 OF THE PALM
SPRINGS MUNICIPAL CODE RELATING TO APPOINTMENTS
TO BOARDS AND COMMISSIONS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA,
DOES ORDAIN, AS FOLLOWS :
SECTION 1. Section 2. 04. 060 of the Palm Springs Municipal
Code is amended to read as follows :
"2 . 04 . 060 Commission appointments. Unless other-
wise specifically provided in this code or by state law,
all city board and commission appointments, except for
ex officio members where applicable, shall be made by
the Mayor, with the approval of the City Council. "
SECTION 2 . 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 adver-
tisement, duly prepared according to law, to be published in
accordance with law.
ADOPTED this 17th day of August 1 1983
AYES : Councilmembers Doyle, Foster, Maryanov and Mayor Bogert
NOES : None
ABSENT: N.,ne
.ABSTAINED: Councilmember Smith
ATTEST: CITY OF PALM SPRING LZFORNIA
ity Clerk Mayorr
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1191 was duly adopted by
the City Council of the City.of Palm Springs, California, in a meeting
thereof held on the 17th day of August, 1983, and same was published in
THE DESERT SUN, a newspaper of general circulation, on August 23, 1983.
�JUDITH SUMICH
L
City Clerk
ORDINANCE NO. 1192
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, RESCINDING CERTAIN REGULATION
RESTRICTING THE TIME FOR FILING OF
APPLICATIONS REQUIRING ACTION BY THE
PLANNING COMMISSION.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Ordinance No. 1093, adopted May 16, 1979, is hereby repealed.
SECTION 2. Subject to such reasonable administrative rules or practices as
may be adopted by the Director of Community Development, application requiring
action by the Planning Commission may be accepted at any time that the
Planning Division is open for the transaction of' business.
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 September 1983.
AYES: Councilmembers Foster, Smith and Mayor Bogert '
NOES: None
ABSENT: Councilmembers Doyle and Maryanov
ATT CITY OF PALM SPRINGS, OR A
BY �
City Clerk M yor
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1192 was duly adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on
the 7th day of September, 1983, and same was published in THE DESERT SUN, a
newspaper of general circulation, on September 19, 1983.
1 UDITH SUMICH
City Clerk
ORDINANCE NO. 1193
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 9402.00
CONDITIONAL USE PERMIT AND SECTION 9306.00
PARKING TO THE PALM SPRINGS ZONING ORDINANCE.
' THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 9402.00 of the Palm Springs Zoning Ordinance relating to
Conditional Use Permits is hereby amended to read 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 lawfully existing on the effective date of this Ordinance which are
listed as permitted 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.
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. 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) . (1153: 12-2-81)
C. Cemeteries, columbariums, crematoriums, mausoleums.
d. Equestrian establishments (academies, schools and amuse-
ments) .
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) Outdoor recreational centers privately operated
(7) Stadia
Ord No. 1193
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
development 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
Tommission in such a manner to be compatible with
surrounding 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-1-AH, R-1-A, R-1-B, or R-1-C Zones,
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
indicated on the Palm Springs 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)
n. Other specific uses as defined in this Chapter.
3. A Conditional use Permit may be granted for temporary structures by
the Planning Commission.
A Conditional Use Permit for temporary structures within a present
or future public right-of-way may be granted by the Planning
Commission only when the property owner applying for such a permit
signs an agreement with the City to remove any such temporary
building or structure at his own expense at a date certain or
whenever requested by the City.
Action by the Planning Commission shall be final unless appealed to
the City Council .
Ord No. 1193
Page 3
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 Commission and City Council after these bodies have made a
finding that said uses are in conformity with the General Plan and
sound community development. The regulations of Section 1101,11 and
this Section shall apply. Where a conflict in regulations occurs,
the regulations specified in Section 9407.00 shall prevail . (775:2
1-23-67)
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 Planning Division 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. A site plan as described in Section 9215.00 and
elevations of the proposed development shall be submitted as
' part of any application.
Incomplete applications shall not be accepted for filing.
2. Filing Fee When the application for a Conditional Use Permit is
filed, a fee shall be paid in such amount as has been prescribed by
resolution of the City Council for the purpose of defraying the
costs incidental to the proceedings. (687: 945:8 3-27-73)
3. Staff Investigations The Planning staff shall make an investigation
of the facts bearing on the case to provide the information
necessary for action consistent with the intent of this Ordinance
and the General Plan, and shall report the findings to the
Commission. (687: 1153: 12-2-81)
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. (687: 1153: 12-2-81)
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 by the Planning Division 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
(400) feet of the exterior boundaries of the subject property.
(687: 983:13 1-2-75)
Ord No.
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
insurance 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 and two
(2) sets of gummed and typed mailing labels. (687: 983:2
1-2-75)
Time-share projects shall follow procedure as provided in
Section 93�5.00-E of this Ordinance. (1153: 12-2-81)
f. When a complete application is accepted it shall be submitted
to the City' s 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. (687: 1153: 12-2-81) '
b. The Commission shall reach 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 recom-
mended conditions, including any time limit deemed necessary to
protect the health, safety and welfare of persons in the neigh-
borhood and in the City as a whole.
C. The decision and findings shall be filed with Council within
fifteen (15) days after they have 'been reached. A copy of the
minutes 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 which require Council approval . (687: 1153: 12-
2-81)
d. Special uses listed in 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 Commission 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 the pro-
visions of Section 9402.00-D or Section 9410.00.
(687: 1003:1 9-3-75)
6. Commission Findings and Conditions The Commission shall not approve
or recommend approval of a Conditional Use Permit unless it finds as
follows:
a. That the use applied for at the location set forth in the
application is properly one for which a Conditional Use Permit
is authorized by this Ordinance.
Ord No. 1193
Page 5
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 future uses specifically permitted in the
zone in which the proposed use is to be located.
' C. That the site for the iny ,ended use is adequate in size and
shape to accommodate said use, including yards, setbacks, walls
or fences, landscaping and other features required in order to
adjust said use to those existing or permitted future uses of
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 to be generated by the proposed use.
e. That the conditions to be imposed and shown on the approved
site plan are deemed necessary to protect the public health,
safety and general welfare and may include minor modification
of the zone' s property development standards. Such conditions
may include:
(1) Regulation of use.
(2) Special yards, space 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) Dedication of property for public use.
(15) And such other conditions as will make possible the
development of the City in an orderly and efficient manner
and in conformity with the intent and purposes set forth
in this Ordinance, including but not limited to mitigation
measures outlined in an environmental assessment.
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 1111,01-B-4.
3. The Council shall conduct a public hearing not less than ten (10)
nor more than thirty (30) days after the notification of a public
hearing before the Council on a conditional use permit.
Ord No. 1193
Page 6
4. The Council shall , within thirty (30) clays after the conclusion of
the pubic hearing, approve with stated conditions, or disapprove the
conditional use permit application by resolution, setting forth the
findings listed in Section 9402,00-13-6. In adding to, modifying or
reversing a Commission recommendation, the affirmative votes of not
less than three (3) members of the Council shall he 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 procedure shall apply for appeal of Conditional Use Permit
decisions.
1. No decision of the Commission shall 'be effective until a period of
fifteen (15) days has elapsed following the decision of said
Commission. (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 to be appealed;
(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
declaration 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 them to be true. In the event any
written appeal fails to set forth any of the information or state-
ments required by this subsection, the City Clerk shall return the
same to the appellant with a statement of deficiencies, and the
appellant shall thereafter be allowed five days in which to perfect
and refile his written appeal . (687: 983:4 1-2-75)
3. The City Council shall hear such appeal within forty (40) days after
the date of filing. The notification of public hearing shall be the
same as that for a public hearing by the Planning Commission, as
shown in Section 9402.00-B-4. (687: 734: 1153: 12-2-81)
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.
6. Appeals on Indian Trust Lands shall be in accordance with the
contracted agreement between the City of Palm Springs and the Agua
Caliente Indian Tribal Council .
7. Filing Fee. A fee shall be paid at the time of filing the appeal in
such amount as has been established by resolution of the City '
Council for the purpose of defraying costs incidental to the appeal
proceedings.
E. EFFECTIVE DATE
A Conditional Use Permit shall become effective after an elapsed period
of fifteen (15) days from the date of the decision by the Commission or
Council authorizing said permit.
Ord No. 1193
Page 7
F. 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 two
(2) years from the effective date of approval . Extensions of time may be
approved by the Commission upon demonstration of good cause by the
applicant.
(687: 734:2 2-28-66)
G. RE:VISIONS 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
procedure Section 9403.00, except that such revisions shall not
require Commission action. 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. (687: 1153: 12-2-81)
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.
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. (687: 1153: 12-2-81)
H. CONDITIONS FOR SPECIFIC USES
1 1. Automobile Service Stations Automobile service stations shall
comply with the following provisions 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 school , park,
playground, church, museum, or similar use shall be two
hundred fifty (250) feet. The minimum distance to a
residential zone shall be one hundred seventy-five (175)
feet.
b. Distance between stations The minimum distance between
automobile service stations shall be five hundred (500) feet.
C. Site Area The minimum site area shall be twenty thousand
(20,000) square feet.
d. Dimensions The minimum width shall be one hundred and fifty
50 feet; the minimum depth shall be one hundred and twenty-
five (125) feet.
e. Number of um 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. The number of
pumps shall be the same as the number of sale transactions
which may be conducted simultaneously at all of the pump
stanchions.
Ord No. 1193
Page 8
f. Utility trailers Utility Crailers, 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.
g. 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.
h. Paving The entire ground arca shall be paved except that 5% of
the site area shall be reserved for landscaping.
i . Lighting Lighting shall conform to the requirements of Section
9306.00 of this Chapter.
j. Outside operation Operations outside permanent structures
shall be limit to the dispensing of gasoline, oil, water,
air, changing tires, and attaching and detaching trailers.
There shall be no outside storage or display of tires, baRnexs
or dev4ees other products and accessories.
k. Noise Noise shall be muffled so as, not to become objectionable
due to intermittence, beat frequency, or shrillness, and the
decible level measured at property lines shall not exceed
street background noise normally occuring at the site location.
i. Minimum buildin area The minimum gross floor area for each
automobile service station building, not including the canopy
area, shall be seven hundred fifty (750) square feet. Public
restrooms shall be provided.
M. Accessory commercial uses_ Accessory or secondary non-
automotive commercial uses shall be prohibited except those
uses customarily incident to the service station use limited to
vending machine sales of soft drinks, coffee and tea, snacks,
cigarettes, and maps. (Additional uses may be added by
Commission determination.) Display and storage of such uses
aql non-automotive produets shall be totally within the
principal building.
n. Signs All signing shall conform to the provisions of the Sign
Ordinance.
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, blowsand abatement program, 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 Che sequence and pattern of mineral
excavation. This shall include the number, spacing, depth of
drill holes, and amount of explosives 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 receipt 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. 1193
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 small 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 ( )
mile from any residential zone and not closer than one
hundred (100) feet to any property line.
(5) The hours of operation shall be limited to the hours of
8:00 a.m. to 6:00 p.m. ., Monday through Friday, excluding
national holidays.
(6) Removal of minerals pursuant to this Section shall be
conducted 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-} of this Code.
(7) The noise from any operation except blasting shall not
exceed sixty-five (65) decibels as measured from any
approved public 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
Public Works to a width of twenty-eight (28) feet to
prevent the emanation of dust.
(10) During the operation of the quarry, sand or gravel pit, a
blowsand abatement program shall be in effect to protect
off-site properties.
(11) 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
highway 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) mon'ths.
this permit shall terminate and all structures and equipment
shall be removed.
e. 8ond 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 riot less than one hundred thousand
dollars ($100,000) , conditioned that the City may enter and
restore the premises and recover all its costs. Performance
bonds shall contain a clause to allow an annual inflation cost
to be added to the original bond amount.
Ord No' 1193
Page 10
3. Open Storage Yards for Jl nl<, Auto WN en�an ckid ot6 er Waste Products.
Open storage yards for junk, auto wrecking and other waste products
shall comply with the following provisions in addition to zone
provisions 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 di ance from the site to a residential
zone, school , park, pl a,y+(,,'�"��1§t"id, church, museum, or, similar use
shall be one thousand (1 ,000) feet.
4. Shopping Centers
a. Application - An application for a shopping center shall
include an application as described in this Section and an
application for a change of zone (CZ) C-O-IH or C-S-C Zone
whichever is applicable. The Planning Commission shall hear
both applications simultaneously.
b. Approval - Recommendation of approval of both the CUP and CZ by
the Planning Commission and approval of the CUP and first
reading of the CZ request by the City Council shall establish a
three-year time limit far• the CUP. The second reading for the
change of zone shall be held when fifty (50) percent of the
proposed gross floor area has commenced construction. In no
case shall the second reading be held later than three (3)
years from the date of approval of the first reading by the
City Council unless an extension has been granted by the City
Council . '
The City Council may deny the change of zone request at the
second reading only if the shopping center does not conform to
the CUP approval or time limits to begin construction.
C. Time Limits - Expiration of the Conditional Use Permit
application and the request for the change of zone shall expire
unless construction of fifty (50) percent of the proposed gross
floor area has commenced within three (3) years of the date of
approval of the Conditional Use Permit. The initial building
permit for the proposed development shall comprise not less
than fifty (50) percent of the proposed gross floor area.
Requests for extensions of time shall be made to the Planning
Commission. The applicant shall state the reasons for failure
to comply with the timing conditions set forth in this Section,
and shall demonstrate his ability to proceed with the
development if the extension is granted. Upon recommendation
by the Planning Commission, the City Council may grant an
extension of time.
d. Bonds - The Planning Commission may require the posting o
performance bonds to guarantee the installation of all cite
improvements which may include streets, paving, curbs, parking
areas, landscaping, walls, lighting, sidewalks, sewers and
utilities within the period of time specified by the
Conditional Use Permit. Said bond is to be posted prior to the
issuance of the first building permit. Bonds shall contain a
clause to allow an annual -inflation cost to be added to the
original bond amount.
Ord No. 1193
Page 11
5. Recreation Vehicle Parr
a. Density The density snail be !rased on one (1) recreational
veF-icle space for every twaD thousand four hundred (2,400)
square feet of area devoLcd to said use. The area to be used
for recreational vehic��- shall be clearly delineated.
(884:2 9-2II-70)
b. Buildinq heir The provislorls of Section 9213.03-C shall
apply. (884:2 9-•2II-70)
C. Yards The provisions of Section 92.13.03-D shall apply. (884:2
9-28-70)
d. Walls fences and landsc,+pinq Each recreational vehicle park
shall be entirely enclosed at 'its exterior^ boundary by a solid
decorative masonry wall, eignr. (8) feet in height. Said wall
shall run along and he (:nntiguous to the boundary line or
property line except where abutting a street,, in which case it
shall be on the yard sr,tback line and the yard shall be
landscaped and maintained. (884:2 9-•28-70)
e. Cover Mee The provisions of Section 9213.03-F shall apply.
-(88= 9-28-70)
f. Siyns The provisions of Chapter 81 of the Palm Springs
Drdrnance Code 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 ioadirc_ and trash areas The provisions of Section
9307.00 shall apply.
i . Size of _recreational _vehicle mace an Lards
(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
concrete patio. (884:2 9-28-70)
(4) The remaining area shall be landscaped. (884:2 9 28-70)
j. Distance between recreational vehicles
(1) There shall be not loss than ten (10) feet between
recreational vehicles. (884:2 9-28-70)
(2) Where recreational vehicle spaces are located hear any
permitted building, the minimum '-space between the
recreational vehicle and said building shall be fifteen
(15) feet, (884:2 a;^-.28-70)
Ord No. 1193
Page 12
k. Electrical service
(1) Each recreational vaYolcle space shall be provided with
electrical service,. (VZ1 :2 9-28-70)
(2) All electrical , felt ; y,ae, and television services within
the recreational venicI e park shall be underground.
(884:2 9--28-70)
1 . Water service_ E�jcCj , _�crr�ntional vehicle space shall be
Fr ovided with a fresh water' connection. (884:2 9-28-70)
M. Sanitary_sewer Each Y-,creational vehicle space shall be
provided with a con :ect.ion t:c a private_ sower line or to a City
sewer line, if available. ;'i? sewer system or connection plans
shall be subject to approval by the Building Division. (884:2
9-28-70)
n. Movement of recreational ','-titles Wheels or similar devices
shall not be removed rr ?ai , ',Feational vehicles, nor shall any
fixture be added which will prevent the recreational vehicle
from being moved under iTs awe power or by a passenger vehicle
within a one (1) hour, period„ (884:2 9-28-70)
o. Accessory structures ido accessory structure shall be
constructed 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 'Is" 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 road. (884:2
9-28-70)
(5) Each recreational vehicle space shall front on an access
road. (884:2 9-28-70)
q. Lighting
(1) Lighting shall be indirect, hooded and positioned so as to
reflect onto the access roads and away from the
recreational vehicle spaces and adjoining property.
(884:2 9-28-70)
(2) Light standards shall be a maximum of eight (8) 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)
Ord No. 1193
Page 13
r. Drainage
(1) The park shall be so graded that there will be no
depressions in whir3 surface water will accumulate.
(884:2 9-28-70)
(2) The ground shall be H,ped to provide storm drainage run-
off by means oe surface or sub-surface drainage
structures. (884:2 9--2840)
(3) The area beneath Lhe 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 La_•kinq
(1) All parking shall be provided in accordance with Section
9306.00 (Off-street P�o-king) . (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.
t. Park and recreational brace There shall be provided a park and
open recreatiR—aaT_sp 6e having a minimum area of two hundred
(200) square feet For each recreational vehicle space. Said
spaces shall be consolidated into usable areas with minimum
dimensions of not less thin 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. Sanitaa facilities
(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)
(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 avid shower facilities shall be located
not more than two hundred (200) feet from any recreational
vehicle space. (884 :2 9-28-70)
X. Laundr.y facilities One (1) washing machine and dryer shall be
provided for every twenty-five (25) recreational vehicle spaces
or fraction thereof. (884:2 9-28-70)
Ord No. 1193
Page 14
y. Trailer sanitation statio; A sanitation station shall be
provided 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 (Mobilehcme
Parks, Special Occupancy Trailer Parks and Campgrounds) ,
Title 25 (Housing and Community Development:) , of the
California Administrative Code. (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. 1%884:2 9-28-70)
Z. Recreational vehicle storage. yard Where recreational vehicle
storage yards are pravfde7c 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 offoocccu�ancy 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)
I . REVOCATION OR VOIDING OF CONDITIONAL USE PERMIT
1. The Council , with or without a recommendation from the Plannin-,
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 hearings 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)
Ord No. 1193
Page 15
b. Notification of property wyners shall be given as provided in
Section 9402.00-B-4. (687: 1153: 12-2-81)
3. Within ten (10) days after the public hearing, the Council may 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 according to a time schedule
determined by the City Council .
4. If the time limit for development expires and development has not
commenced, or the use permitted by the Conditional Use Permit does
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 written request by the applicant and a showing of good
cause.
5. Termination of a use granted herein for a period of one (1) calendar
year shall terminate the use rights granted without further notice
or public hearing.
J. REAPPLICATION
Application may not be made 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. Such permit may, however, be revoked
or voided as provided in Section 9402.00-I above.
SECTION 2. Section 9306.00 D. 1. b. of the Palm Springs Zoning Ordinance
relating to automobile service station parking is hereby amended to read as
follows:
b. Automobile service stations. Four (4) spaces plus four (4) spaces
for each service bay.
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 September , 1983.
AYES: Councilmembers Foster, Smith and Mayor Bogert
NOES: None
ABSENT: Councilmembers Doyle and Maryanov
ATTEST: C Y OF PALM SPRINGS, CALIFORNIA �
B —
City erk a
REVIEWED & APPROVED: IAU _
I HEREBY CERTIFY that the foregoing Ordfnance 1193 was duly adopted by the City Council of
the City of palm Springs, Calif. in a meeting thereof held on the 7th day of September, 1983
and that same was duly published in THE DESERT SUN, a newspaper o eral circulation on
September 19, 1983. I
JUDITH SUMIC
City Clerk
ORDINANCE NO. 1194
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ESTABLISHING A CONDITIONAL USE
PERMIT PROCEDURE FOR THE DEVELOPMENT OF
ACCESSORY APARTMENTS (SECTION 9318.00) OF
THE PALM SPRINGS ZONING ORDINANCE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 9318.00 of the Palm Springs Zoning Ordinance relating to
the establishment of a conditional use permit procedure for the development of
accessory apartments is hereby adopted to read as follows:
SECTION 9318.00 ACCESSORY APARTMENT HOUSING
A. DEFINITIONS
For the purposes of this Section, the following definitions
shall apply:
An accessory apartment shall mean an efficiency
dwelling unit as defined in the Uniform Housing
Code incorporated within the living area of a
primary single family residence on a parcel in a
designated zoning district. It shall include
permanent provisions for living, sleeping,
eating, cooking and sanitation.
B. ACCESSORY APARTMENT UNITS AS AN ALLOWABLE USE '
1. Zones in Which Permitted: Conditional Use
Permit Required. Accessory apartments as a use
shall be permitted in the G-R-5, R-1-AH, R-1-A,
R-1-B, R-1-C, R-1-D, R-G-A(6) , R-G-A(8) , AND R-2
Zones subject to the requirements of a
conditional use permit.
2. Accessory apartments shall be prohibited in PD
zones unless authorized in the originally
approved plans.
3. Conditional Use Permit for Accessory Apartment.
The requirements of a conditional use permit
shall be met and for an accessory apartment the
following shall apply:
a. The accessory apartment shall be attached
to the primary dwelling.
b. The accessory apartment shall not contain
more than 10% of the living area of the
primary dwelling.
C. The accessory apartment shall not exceed
450 square feet.
d. The accessory apartment shall not be in
separate ownership from the primary
dwelling.
e. The accessory apartment shall be reserved
for occupancy by no more than two persons.
Ord. No. 1194 ,
Page 2
f. The accessory apartment and primary
residence must be provided with a total of
three off-street parking spaces, two
within a garage or carport, pursuant to
provisions of Section 9306.00.
g. Any new construction associated with the
accessory apartment shall comply with all
setbacks, coverage, height and design
standards of the zoning district and shall
not alter the general appearance of the
primary dwelling as a single family
residence.
h. The accessory apartment shall have
adequate sewer and water services and
shall not adversely impact traffic flow.
i . No more than one accessory apartment shall
be allowed on a parcel .
j. The accessory apartment shall be served
through the same utility meters as the
primary unit.
An accessory apartment which conforms to these requirements
shall not be considered to exceed the allowable density for
the lot upon which it is located, and shall be deemed to be
a residential use consistent with the existing General Plan
and Zoning Ordinance designation for the lot.
C. EXISTING ACCESSORY UNITS
1. Legal pre-existing non-conforming accessory apartment
units are subject to the provisions of Section 9404.00
and other applicable law.
2. Illegally created accessory apartments shall be
subject to compliance with this Section or abatement.
SECTION 2. Sections 9202.01.C.11, 9203.01.C.7, 9204.01.C.7, 9205.01.C.7,
9206.01.C.8, 9207.01.1 .C.7, 9208.01.C, 9209.01.C.14, and 9223.01.C.6 are
hereby added to the Zoning Ordinance of the City of Palm Springs, each to read
as follows:
"ACCESSORY APARTMENTS SUBJECT TO THE PROVISIONS OF SECTION 9318.00
OF THE ZONING ORDINANCE."
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
Ord. No. 1194
Page 3
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 21st day of September , 1983.
AYES: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: // CITY OF PALM SPRINGS, L' FORNI
City Clerk
REVIEWED & APPROVED: M-10rG,
I HEREBY CERTIFY that the foregoing Ordinance 1194 was duly adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on the
21st day of September, 1983, and that same was published in THE DESERT SUN, a news-
paper of general circulation, on September 28, 1983,
OJUDITH SUMICH
City Clerk '
WP/C2
ORDINANCE NO. 1195
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 12.56.042 TO
THE PALM SPRINGS MUNICIPAL CODE RELATING
TO ESTABLISHMENT OF CERTAIN COMMERCIAL
VEHICLE RESTRICTIONS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 12.56.042 is hereby added to the Palm Springs Municipal
Code to read as follows:
12.56.042 Commercial vehicle prohibited from using certain
streets - Designation of Streets. The following streets are designated
as streets whose use is prohibited as to commercial vehicles in excess
of 10,000 pounds gross vehicle weight:
NAME OF STREET PORTION AFFECTED
1. Chino Canyon Road Via Norte west to end.
2. Panorama Road Chino Canyon Road west to end.
3. Cielo Drive Panorama Road west to end..
4. Vista Drive Chino Canyon Rd. south to end.
5. Leonard Road Panorama Road to Chino Canyon.
6. Tuscan Road Panorama Road north to end.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 3. PUBLICATION. This 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
publiished in accordance with law.
ADOPTED this 21st day of September 1983.
AYES: Councilmembers Foster, Maryanov, Smith and Mayor Bogert
NOES: Councilmember Doyle
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CA ORNIA
By �� � O
✓� �����_
(j City Clerk Ma
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1195 was duly adopted by the City
Council of the City of Palm Springs, California in a meeting thereof held on the
21st day of September, 1983, and that same was published in THE DESERT SUN, a
newspaper of general circulation, on September 28, 1983.
ITH SUMICH
City Clerk
WP/C2
ORDINANCE 11.95
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CITY OF PALM SPRINGS
DEPARTMENT OF COMMUNITY DEVELOPMENT TRAFFIC ENGINEERING
REQUESTED BY TRAFFIC ENGINEERING APPROVED BY Date
CITY COUNCIL
ORD. NO. RESOL. NO.
ORDINANCE NO. 1196
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 9402.01 TO THE
ZONING ORDINANCE, FOR A LAND USE PERMIT
PROCESS APPLICABLE CITYWIDE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS.
SECTION 1. Section 9402.01 of the Zoning Ordinance relating to Land Use
Permits is hereby added, reading as follows:
SECTION 9402.01 LAND USE PERMITS
A. Intent and purpose
The intent and purpose of a land use permit is to provide a means
to review the impact of proposed land uses and to impose such con-
ditions to the proposed use as are necessary to insure that these
uses are compatible with adjacent properties and the community.
B. Initiative
A land use permit may be initiated by the owner(s) , or their
authorized agents, of property within the City, only where the use
is especially authorized by the land use permit section of the
zone in which the property lies.
C. Procedure
' 1. Application for a land use permit shall be made to the
Department of Community Development on forms provided by
that department and shall be accompanied by the following:
a. An application fee to assist in defraying the expense
of labor and materials incidental to the proceedings
described herein. This fee shall be in accord with a
schedule established by resolution of the City Council
and shall be nonrefundable.
h. A site plan displaying information set forth on the
land use permit.
C. Such other information as the Director of Community
Development may require, including but not limited to,
adjacent uses, photographs, building elevations, land-
scape plans, design studies, etc.
2. The Director of Community Development shall cause to be made
such investigation as will provide all necessary information
to assure that the action on each such application is con-
sistent with the intent and purpose of this Chapter.
3. After completion of the investigation, the Director of Com-
munity Development shall approve the land use permit, sub-
ject to those conditions of approval he may deem necessary.
Ord. No. 1196
Page 2
4. Review by Planning Commission--Appeal
In any case, where the applicant or any other aggrieved
party is not satisfied with the decision of the Director of
Community Development, he may within five (5) days of such
decision, request review of such decision by the Planning
Commission. Such request shall be made in writing to the
Planning Division. Upon receipt of such request, the
Planning Division shall schedule the matter for Planning
Commission review, and shall forward to the Planning
Commission for its consideration all of the documents and
materials submitted with the application, together with a
report of the decision of the Director of Community
Development and the reasons therefor. The Planning
Commission may act upon the application as if it were the
initial consideration of the application. No public hearing
shall be required for such action. Any person aggrieved by
the decision of the Planning Commission may appeal to the
City Council in the manner provided by Chapter 2.05 of the
Palm Springs Municipal Code.
5. Revocation
a. When the conditions of a land use permit have not been
or are not being complied with, the Director of Com-
munity Development shall give. at least ten (10) days
notice to the permittee(s) of intention to revoke such
permit. The permittee shall be given opportunity at
an office hearing to show cause why the permit should
not be revoked. If good cause is not shown, the '
Director may revoke the permit. Such revocation may
be appealed to the Planning Commission.
b. When a land use permit has not been acted upon within
one (1) year after the date of granting thereof, or in
the event the use terminates or is inactive for 6
months, then without further action by the Planning
Division, Planning Commission, or City Council , the
land use permit shall be mull and void.
C. Transfer of a land use permit to another applicant is
subject to review and approval by the Director of
Community Development.
6. Amendment
Any land use permit issued may be amended, on a showing of
good cause by the Director of Community Development.
Application by the permittee(s) for amendment shall be
processed in the same manner as an application for issuance
of a land use permit.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
Ord. No. 1196
Page '3
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 October 1983.
AYES: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CA RNIA
�.
i
City Clerk or
REVIEWED & APPROVED: (1
I HEREBY CERTIFY that the foregoing Ordinance 1196 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof
held on the 6th day of October, 1983 and that a summary of same was published
in THE DESERT SUN, a newspaper of general circulation, on October 1, 1983, and
October 15, 1983.
��
SUDITH SUMICH
City Clerk
WP/C1
ORDINANCE NO. 1197
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING ORDINANCE
TO ALLOW RECYCLING COLLECTION CENTERS IN
VARIOUS COMMERCIAL AND INDUSTRIAL ZONES .
CITYWIDE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 9100.09 A of the Zoning Ordinance is hereby amended to
add:
9100.09 A. 139.5 Recycling Collection Center shall mean a non-
permanent structure or facility operating as a collection point to
purchase or collect aluminum cans, newspapers, bottles, and/or used
thrift goods to be recycled and reused at another location. All
collected materials shall be completely enclosed.
SECTION 2. Sections 9215.01.C, 9216.01.C, 9218.01.D, 9219 .01.D, 9220.01.D,
9221.01.D, and 9227.01.0 are hereby added to read ;
USES PERMITTED BY LAND USE PERMIT
Recycling Collection Center as an accessory use on a developed
property.
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 6th day of October 1983.
AYES: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIF RN
Byt�. ~ -
�,� City Clerk r May
REVIEWED & APPROVED: J _ — --
I HEREBY CERTIFY that the foregoing Ordinance 1197 was duly adopted
by the City Council of the City of Palm Springs, California, in
a meeting thereof held on the 6th day of October, 1993, and that
same was published in THE DESERT SUN, a newspaper of general
circulation, on October 15, 1983.
,�L
' JUDITH SUMICH` '--
City Clerk
WP/C1
ORDINANCE NO. 1198
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
RECREATIONAL VEHICLE SPACES.
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 definition given in this section shall govern
the construction of this chapter:
(1 ) "Hotel " means 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 recreational vehicle space, 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 unit rented only occasionally.
(infrequently) and inncidentally 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, or recreational vehicle space
offered for rent or used or occupied for dwelling, lodging
or sleeping purposes regardless of the purpose for which such
rooms or spaces 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 possession, 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 agency shall , however, be considered
to be compliance by both.
Section 2. Effective Date And Publication. This Ordinance, being an
ordinance relating to taxes for usual and current expenses
of the City, shall take effect immediately upon its passage.
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.
Ordinance 1198
ADOPTED this 6th day of October 1983,
AYES: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTES7:v, (� CITY OF PALM SPRINGS LIFORNIA
J City Clerk Mayor
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1198 was duly adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on the
6th day of October, 1983, and that a summary of same was published in THE DESERT
SUN, a newspaper of general circulation, on October 1, 1983 and October 15, 1983.
L/1UDITH SUMICH
City Clerk
ORDINANCE NO. 1199
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 2 . 18 OF THE PALM
SPRINGS MUNICIPAL CODE RELATING TO ESTABLISHING
THE NUMBER OF PERSONS APPOINTED TO THE COMMUNITY
SERVICES COMMISSION.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES
ORDAIN AS FOLLOWS :
SECTION 1 . SECTION 2 . 18 . 010 of the Palm Springs Municipal
Code is hereby amended to read as follows :
2 . 18 . 010 Created. There is created a Community Services
Commission for the City. It shall consist of seven ( 7 )
members serving without compensation, appointed in the manner
and for the terms prescribed in Sections 2 . 04 . 060 and
2 . 06 . 010 respectively of this Code.
SECTION 2 . All members of the Community Services Commission shall
continue to serve until they die, resign or their term expires,
whichever shall first occur, but no new member shall be appointed
to the Commission until the Commission consists of less than seven
members .
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 6th day of October , 1983 .
AYES: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert
NOES : None
ABSENT: None
ATTEST: CITY OF PALM SPRING ICXTIFORNIA
By
City Clerk Mayor
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1199 was duly adopted by the City
Council- of the City of Palm Springs, California, in a meeting thereof held on the
6th day of October, and that a summary of same was published in THE DESERT SUN,
a newspaper of general circulation on October 1, 1983, and October 15, 1983.
�JUDITH SUMICH
City Clerk
ORDINANCE NO. 1200
AN ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, AMENDING THE ZONING MAP BY
REZONING CERTAIN PROPERTY IN SECTION 3
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
Exhibit "A" are rezoned as shown on said Exhibit.
SECTION 2. Upon adoption of this ordinance the above described
properties shall be subject to the following conditions and restric-
tions:
1. Whenever said properties or any part thereof shall be
devoted to commercial use, either by so utilizing the present
structure or otherwise, said property shall be subject to
architectural review by the Architectural Advisory Committee
and the Planning Commission pursuant to Zoning Ordinance
Section 9403 . 00;
2. The City Council finds that the subject properties consist
of two contiguous nonconforming parcels, created prior to the
adoption of this ordinance which makes them nonconforming,
which are held by the same owner and that one such contiguous
parcel is not developed with a structure for which a permit
has been issued by the city. Therefore, pursuant to Zoning
Ordinance Section 9404 . 022 such parcels shall be merged and
a parcel map shall be filed by the city for such purpose and
shall be processed in accordance with the requirements of
the Subdivision Ordinance. No fee shall be required of the
property owner for the filing of this parcel map;
3 . Said parcel map shall include an offer of dedication by
the property owner to the City of Palm Springs of that portion
of said properties which is adjacent to Racquet Club Road and
within 44 feet of the centerline of Racquet Club Road. Said
offer of dedication shall be accepted by the city at such time
as said property, or any part thereof, shall be devoted to
commercial use;
4 . The property owner shall enter into a covenant with the
city to install all necessary offsite improvements, such as
sidewalks and landscaping, as required by the City Engineer.
The duty to perform pursuant to this covenant shall arise
when the subject property, or any part thereof, shall be
devoted to commercial use;
5. That structure now existing on the subject properties
shall not be used for residential purposes after ten years
from the date this ordinance becomes effective;
6 . No structure shall hereafter b6 erected on the subject
properties whose height shall exceed 24 feet except on
approval of the Planning Commission.
ORD. NO. 1200
Page 2 .
SECTION 3 . EFFECTIVE DATE. This Ordinance shall be in full force and
' effect thirty (30) days after passage.
SECTION 4 . PUBLICATION. The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance, and to cause the same or
a summary thereof or a display advertisement, duly prepared according
to law, to be published in accordance with law. .
ADOPTED this 19th day of October , 1983 .
AYES : Councilmembers Doyle, Maryanov, Smith and Mayor Bogert
NOES : Councilmember Foster
ABSENT: None
AT/TES�TJ CITY OF PALM SPRINGS , ORNIA
By
�J City Clerk Mayo
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1200 was duly adopted by the City Council
of the City of Palm Springs, California in a meeting thereof held on the 19th day of
October, 1983, and that same was duly published in THE DESERT SUN, a newspaper of
general circulation on October 26, 1983.
.JUDITH SUMICH
City Clerk
EXHIBIT "A"
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C ITY OF PALM SPRINGS
CASE NO. 5.0264-CUP APPROVED SY PLAN. COMM. DATE
APPLICANT D. Troupe APPROVED BY COUNCIL DATE
REMARKS Section 3 ORD. N0, 1200RESOL. NO.
ORDINANCE NO. 1201
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING MUNICIPAL CODE TO REPEAL DOWNTOWN DEVELOPMENT
ADVISORY COMMISSION AND TO ESTABLISH AN ECONOMIC
DEVELOPMENT COMMISSION.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. The members of the Downtown Development Advisory Commission and
each of them are hereby removed from office pursuant to the provisions of
Section 2.06.010 of the Palm Springs Municipal Code.
SECTION 2. Chapter 2.22 of the Palm Springs Municipal Code relating to the
Downtown Development Advisory Commission is hereby repealed.
SECTION 3. A new Chapter 2.22 is hereby added to the Palm Springs Municipal
Code, to read as follows:
CHAPTER 2.22
ECONOMIC DEVELOPMENT COMMISSION
2.22.010 Created. There is created an Economic Development
Commission for the City. It shall consist of seven (7) members, serving
without compensation, appointed in the manner prescribed in Section
2.04.060 of this Code. All appointments to the Comission shall be for
terms as prescribed in Section 2.06.010 of this Code. It shall be the
policy of the City that in the making of appointments to the Commission,
attempt shall be made, insofar as the same is feasible, to select
members who represent a cross section of the community at large, and
whose background qualifies them to make decisions regarding the economic
development of the City.
2.22.020 Officers--Committees. The Commission at its
organizational meeting, and annually thereafter, shall elect from its
membership a Chairman and Vice-Chairman. The Chairman and Vice-Chairman
shall have and perform such duties as are commonly associated with their
respective titles. The Commission shall be further authorized to
appoint and fix the membership of such number of standing and temporary
committees as it may find expedient for the performance of its duties.
The Chairmen of said committees shall be members of the Economic
Development Commission. The City Manager may appoint an Executive
Secretary and other staff and provide compensation for their services as
may be authorized by the City Council and by the annual City budget of
expenditures.
2.22.030 Meetings--Rules of Procedure. The Commission shall meet
at. least twice each month at such time and place as shall be fixed by
thie Board by its Standing Rules. A majority of the existing appointed
members of the Commission shall constitute a quorum for the transaction
of business. The Commission may establish such rules and regulations as
it deems necessary for the conduct of its business. In matters relating
to the holding of regular and special meetings, the Commission is bound
by the provisions of the Ralph M. Brown Act of the State of California
(Sections 54950, et. seq. , California Government Code) .
2.22.040 Functions, Powers and Duties. The Commission shall serve
in an advisory capacity to the City Council and the Community
Redevelopment Agency of the City of Palm Springs, California, as
follows: (a) To advise on economic development projects occurring
within the City consistent with City Council adopted goals and
priorities,
Ord. No. 1201
Page 2
(b) To assist in the development and/or refining of standards for
redevelopment project areas which are consistent with City-wide goals
and objectives aimed at maintaining a high level of environmental
quality and stressing the need for economic viability.
(c) To evaluate the fiscal impacts of development on the community
and recommend priority development projects.
(d) To recommend public incentives to encourage specific priority
development.
(e) To develop promotional , marketing and outreach materials to
attract high priority development.
(f) To develop methods of encouraging property owners to
rehabilitate or upgrade their properties in accordance with applicable
City codes and policy.
(g) 'To develop plans and programs to upgrade the visual appearance
of public property and facilities.
(h) To assist in improving parking and circulation (vehicular and
pedestrian) in redevelopment areas consistent with the goals and
objectives indicated in redevelopment plans.
(i) To confer and consult with other City Commissions in areas
where possible conflict or duplication of effort might exist.
SECTION 4. Notwithstanding the provisions of Section 2.06.010 set forth
above, of the seven (7) members first appointed to the commission at the time
this ordinance takes effect, three (3) shall be appointed for a term that
expires on June 30, 1984, two (2) shall be appointed for a term that expires
on June 30, 1985, and two (2) shall be appointed for a term that expires on
June 30, 1986. Thereafter, all appointments to the commission shall be for
terms as prescribed in Section 2.06.010 of the Palm Springs Municipal Code.
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.
ADOPTED this 19,_h day of October 1983.
AYES: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, C IRNIA
(::,- City Clerk
REVIEWED & APPROVED: alr
7 HEREBY CERTIFY that the foregoing Ordinance 1201 was duly adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on the
19th day of October, 1983, and that same was published in THE DESERT SUN, a
newspaper of general circulation on October 26, 1983.
JUDITH SUMICH
City Clerk
ORDINANCE NO. 1202
AN ORDINANCE OF THE CITY OF PALM SPRINGS
CALIFORNIA, APPROVING AND ADOPTING THE
REDEVELOPMENT PLAN FOR THE RAMON-
BOGIE REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Palm Springs
has received from the Community Redevelopment Agency of the
City of Palm Springs (the "Agency") the proposed Redevelop-
ment Plan (the "Redevelopment Plan") for the Ramon-
Bogie Redevelopment Project (the "Project") , as approved
by the Agency, a copy of which is on file at the office of
the Agency at 161 S. Civic Drive, Suite 8, Palm Springs,
California, and at the office of the City Clerk, City Hall,
3200 Tahquitz-McCallum Way, Palm Springs , California,
together with the Report of the Agency, including the
reasons for the selection of the Project Area, a descrip-
tion of the physical, social and economic conditions exist-
ing in the Project Area , the proposed method of financing
the redevelopment of the Project Area, a plan for the relo-
cation of business owners and tenants who may be temporarily
or permanently displaced from the Project Area, an analysis
of the Preliminary Plan, the report and recommendations of
the Planning Commission of the City of Palm Springs (the
"Planning Commission") , a summary of meetings with Project
Area residents, an environmental impact report on the Rede-
velopment Plan, and the report of the County Fiscal Officer
and the Agency' s analysis thereof ; and
WHEREAS, the Planning Commission has submitted to the
Council its report and recommendations for approval of the
Redevelopment Plan and its certification that the Redevelop-
ment Plan conforms to the General Plan for the City of
Palm Springs; and
WHEREAS, the Council and the Agency held a joint public
hearing on November 23, 1983 , on adoption of the Redevelop-
ment Plan and on certification of the Final Environmental
Impact Report on the Redevelopment Plan, in the City
Council Chambers, City Hall, 3200 Tahquitz-McCallum Way,
Palm Springs, California; and
WHEREAS , a notice of said hearing was duly and regu-
larly published in the Desert Sun, a newspaper of general
circulation in the City of Palm Springs, once a week for
five successive weeks prior to the date of said hearing,
and a copy of said notice and affidavit of publication are
on file with the City Clerk and the Agency; and
WHEREAS, copies of the notice of joint public nearing
were mailed by certified mail with return receipt requested
to the last known address of each assessee, as shown on the
. last equalized assessment roll of the County of Riverside,
of each parcel of land in the proposed Project Area; and
WHEREAS, each assessee in the Project Area was sent a
separate statement, attached to the notice of joint public
hearing, that his property may be subject to acquisition by
purchase or condemnation under the provisions of the Rede-
velopment Plan; and
WHEREAS, copies of the notice of joint public hearing
were mailed by certified mail with return receipt requested
to the governing body of each taxing agency which receives
taxes from property in the Project Area; and
WHEREAS, the Agency has prepared and submitted a
program for the relocation of persons and businesses who
may be displaced as a result of carrying out the Project in
accordance with the Redevelopment Plan; and
urainance izuz
WHEREAS, the Council has general knowledge of the con-
ditions existing in the Project Area and of the availability
of suitable housing in the City for the relocation of fami-
lies and persons who may be displaced by the . Project, and
in the light of such knowledge of local housing conditions,
has carefully considered and reviewed such program for
relocation; and-
WHEREAS , the Council has considered the report and
recommendations of the Planning Commission, the report of
the Agency, the Redevelopment Plan and its economic feasi-
bility, the feasibility of the relocation program and the
Environmental Impact Report, has provided .an opportunity
for all persons to be heard and has received and considered
all evidence and testimony presented for or against any and
all aspects of the Redevelopment Plan; and
WHEREAS, the Agency and Council have reviewed and con-
sidered the Environmental Impact Report for the Redevelop-
ment Plan, prepared and submitted pursuant to Public
Resources Code Section 21151 and Health and Safety Code
Section 33352, and certified the completion of said
Environmental Impact Report on November 23, 1983, by Agency
Resolution No. 180 and Council Resolution No. 14796 ;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That the purpose and intent of the City
Council with respect to the Project Area is to accomplish
the following :
a. The elimination of environmental deficiencies in '
the Project Area, including , among others, small and irregu-
lar lots, obsolete and aged building types, substandard
alleys and deteriorated and inadequate public improvements.
b. The assembly of land into parcels suitable for
modern, integrated development with improved pedestrian and
vehicular circulation in the Project Area.
C. The replanning , redesign and development of
undeveloped areas which are stagnant or improperly utilized,
including the abandoned dumpsite at the northeast corner of Ramon and Bogie Roads.
d. The strengthening of light industry and commercial
functions in the area.
e. The strengthening of the economic base of the
Project Area and the community by the installation of needed
site improvements to stimulate new light industry and commercial expansion,
employment and economic growth.
f. The provision of adequate ]Land for parking and
open spaces.
g. The establishment and implementation of perfor-
mance criteria to assure high site design standards and
environmental quality and other design elements which pro-
vide unity and integrity to the entire Project.
h. . The alleviation of traffic hazards and congestion
through the construction of various street improvements as identified
on the City's General Plan.
i. The establishment of financial mechanisms to
assist in the development of an auto sales center and other light
industrial and commercial development.
j . The provisions of necessary public improvements,
including but not limited to flood control facilities, to
correct existing deficiencies.
Ordinance 1202
Section 2. The Council hereby finds and determines
that:
a. The Project Area is a blighted area, the rede-
velopment of which is necessary to effectuate the public
purposes declared in the California Community Redevelopment
Law (Health and Safety Code Section 33000 et sec . ) . This
finding is based upon the following conditions which charac-
terize the Project Area :
(1) The existence of unfit or unsafe buildings
and structures due to age , obsolescence , or mixed character.
( 2) The existence of properties which suffer
from deterioration and disuse because of : inadequate public
improvements, facilities and utilities, including inadequate
and insufficient traffic circulation, parking , drainage,
sidewalks, curbs, gutters and traffic signals, which cannot
be remedied with private or governmental action without
redevelopment;
(3) The existence of properties which suffer
from economic dislocation, deterioration and disuse result-
ing from faulty planning ;
(4) A lack of proper utilization of property,
resulting in a stagnant and unproductive condition of land
Potentially useful and valuable; and
' It is further found and determined that such con-
ditions are causing and will increasingly cause a reduction
and lack of proper utilization of the area to such an extent
that it constitutes a serious physical, social and economic
burden on the City, which cannot reasonably be expected to
be reversed or alleviated by private enterprise acting
alone, requiring redevelopment in the interest of the
health, safety and general welfare of the people of the
City and the State. This finding is based on the fact that
governmental action available to the City without redevelop-
ment would be insufficient to cause any significant correc-
tion of the blighting conditions, and that the nature and
costs of the public improvements and facilities required to
correct the blighting conditions are beyond the capacity of
the CKty and cannot be undertaken or borne by private enter-
prise, acting alone or in concert with available govern-
mental action.
b. The Redevelopment Plan will redevelop the Project
Area in conformity with the Community Redevelopment Law and
in the interests of the public peace, health, safety and
welfare. This finding is based upon the fact that redevel-
opment of the Project Area will implement the objectives of
'the Community Redevelopment Law by aiding in the elimination
and correction of the conditions of blight, providing for
Planning, development, redesign, clearance, reconstruction
or rehabilitation of properties which need improvement, and
Providing for higher economic utilization of potentially
useful land.
C. The adoption and carrying out of the Redevelopment
plan is economically sound and feasible. This finding is
based on the fact that under the Redevelopment Plan no
public redevelopment activity will be undertaken unless the
Ordinance 1202
Agency can demonstrate that it has adequate revenue to
finance the activity.
d. The Redevelopment Plan conforms to the General
Plan of the City of Palm Springs. This finding is based on
the finding of the Planning Commission that the Redevelop-
ment Plan conforms to the General Plan for the City of Palm
Springs.
e. The carrying out of the Redevelopment Plan will
promote the public peace, health, safety and welfare of the
City of Palm Springs and will effectuate the purposes and
policy of the Community Redevelopment Law. This finding is
based on the fact that redevelopment will benefit the
Project Area by correcting conditions of blight and by
coordinating public and private adtions to stimulate
development and improve the economic , social and physical
conditions of the Project Area.
f. The condemnation of real property, as provided
for in the Redevelopment Plan, is necessary to the execution
of the Redevelopment Plan, and adequate provisions have
been made for 'the payment for property to be acquired as
provided by law. This finding is based upon the need to
ensure that the provisions of the Redevelopment Plan will
be carried out and to prevent the recurrence of blight.
g. The Agency has a feasible method and plan for the
relocation of families and persons who might be displaced,
temporarily or permanently, from housing facilities in the
Project Area. This finding is based upon the fact that the
Redevelopment Plan provides for relocation assistance
according to law and the fact that no residential displace- '
ment is contemplated.
h. There are, or are being provided, within the
Project Area or within other areas not generally less
desirable with regard to public utilities and public and
commercial facilities and at rents or prices within the
financial means of the families and persons who might be
displaced from the Project Area, decent, safe and sanitary
dwellings equal in number to the number of and available to
such displaced families and persons and reasonably acces-
sible to their places of employment. This finding is based
upon the fact that no person or family will be required to
move from any dwelling unit until suitable replacement
housing is available.
i. Inclusion of any lands, buildings or improvements
which are not detrimental to the public health, safety or
welfare is necessary for the effective redevelopment of the
entire area of which they are a part., and any such area is
not included for the purpose of obtaining the allocation of
tax increment revenues from such area pursuant to Sec-
tion 33670 of the Community Redevelopment Law without other
substantial justification for its inclusion. This finding
is based upon the fact that the boundaries of the Project
Area were chosen as a unified and consistent whole to
include lands that were underutilized because of blighting
influences, or affected by the existence of blighting
influences, and land uses significantly contributing to the
conditions of blight, whose inclusion is necessary to
accomplish the objectives and benefits of the Redbvelopment
Plan.
Ordinance 1202
j . The elimination of blight and the redevelopment
of the Project Area could not reasonably be expected to be
accomplished by private enterprise acting alone without the
aid and assistance of the Agency. This finding is based
upon the existence of blighting influences, including the
lack of adequate public improvements and facilities, and
the inability of individual developers to economically
remove these blighting influences without substantial public
assistance in providing adequate public improvements and
facilities, the inability of low- and moderate-income
persons to finance needed improvements and the inadequacy
of other governmental programs and financing mechanisms to
eliminate the blight including the provision of necessary
public improvements and facilities.
k. The Redevelopment Plan for the Project Area will
afford the maximum opportunity, consistent with the sound
needs of the City as a whole, for the redevelopment of such
area by private enterprise.
1. The Redevelopment Plan contains adequate safe-
guards so that the work of redevelopment will be carried
out pursuant to the Redevelopment Plan, and it provides for
the retention of controls and the establishment of restric-
tions and covenants running with the land sold or leased
for private use for periods of time and under conditions
specified in the Redevelopment Plan, which this Council
deems necessary to effectuate the purposes of the Community
Redevelopment Law.
Section 3. The Council is satisfied that permanent
housing facilities will be available within three years
from the time occupants of the Project Area are displaced,
if any, and that pending the development of such facilities,
there will be available to any such displaced occupants
temporary housing facilities at rents comparable to those
in the City of Palm Springs at the time of their displace-
ment. No persons or families of low- or moderate income
shall be displaced from residences unless and until there
are suitable housing units available and ready for occupancy
by such displaced persons or families at rents comparable
to those at the time of their displacement. Such housing
units shall be suitable to the needs of such displaced
persons or families and must be decent, safe, sanitary and
otherwise standard dwellings. The Agency shall not displace
any such persons or families until such housing units are
available and ready for occupancy.
Section 4 . The Council is convinced that the effect
of tax in— crement financing will not cause a severe financial
burden or detriment on any taxing agency deriving revenues
from the Project Area.
Section 5. Written objections to the Redevelopment
Plan filed with the City Clerk before the hour set for
hearing and all oral objections presented to the Council at
the hearing having been considered are hereby overruled.
Section 6. That certain document entitled "Redevelop-
ment Plan for the Ramon-Bogie Redevelopment Project
Area, " the maps contained therein and such other reports as
are incorporated therein by reference, a copy of which is
on file in the office of the City Clerk, having been duly
reviewed and considered, is hereby incorporated in this
Ordinance by reference and made a part hereof', and as so
incorporated , is hereby designated, approved and adopted as
the official "Redevelopment Plan for the Ramon-Bogie
Redevelopment Project Area. "
Ordinance 1202
Section 7. In order to implement and facilitate the
effectuation of the Redevelopment Plan hereby approved,
this Council hereby (a) �pledges its cooperation in helping
to carry out the Redevelopment Plan, (b) requests the
various officials, departments, boaxds and agencies of the
City having administrative responsibilities in the Project
Area likewise to cooperate to such end and to exercise their
respective functions and powers in a manner consistent with
the redevelopment of the Project Area, (c) stands ready to
consider and take appropriate action upon proposals and
measures designed to effectuate the Redevelopment Plan, and
(d) declares its intention to undertake and complete any
proceeding necessary to be carried out by the City under
the provisions of the Redevelopment Plan.
11
Section 8. The City Clerk is hereby directed to send
a certified copy of this Ordinance to the Agency whereupon
the Agency is vested with the responsibility for carrying
out the Redevelopment Plan.
Section 9. The City Clerk is hereby directed to record
with. the -County Recorder of Riverside County a description
of the land within the Project Area and a statement tnat
proceedings for the redevelopment of the Project Area have
been instituted under the Community Redevelopment Law.
Section 10. The City Clerk is hereby directed to
transmit a copy of the description and statement recorded
by the Clerk pursuant to Section 9 of this Ordinance, a
copy of this Ordinance and a map or plat indicating the
boundaries of the Project Area, to the auditor and assessor
of the County of Riverside, to the governing oody of each
of the taxing agencies which receives taxes from property
in the Project Area and to the State Board of Equalization.
Section 11. EFFECTIVE DATE. This Ordinance shall be
in full force and effect thirty (30) days after passage.
Section 12. PUBLICATION. The City Clerk is hereby
ordered and directed to certify to the passage of this
Ordinance and to cause the same to be published once in the
Desert Sun, a daily newspaper of general circulation, pub-
lished and circulated in the City of Palm Springs,
California.
Section 13. SEVERABILITY. If any part of this
Ordinance or the Redevelopment Plan which it approves is
held to be invalid for any reason, such decision shall not
affect the validity of the remaining portion of this
Ordinance or of the Redevelopment Plan, and this Council
hereby declares that it would have passed the remainder of
this Ordinance or approved the remainder of the Redevelop-
ment Plan if such invalid portion thereof had been deleted.
ADOPTED this 10th day Of November 1983.
AYES: Councilmembers Doyle, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: None
ABSTAIN: Councilmember Foster
ATTEST: CITY OF PALM SPRINGS �
PALM SPRINGS, CALIIFFOZNIA����
/ City Clerk M o L/
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1202 was duly adopted by the
City Council of the City of Palm Springs, California in a meeting held on
November 30, 1983, and that same was published in THE DESERT SUN, a newspaper
of general circulation, on December 5, 1983.
( / JU TID H SUMTCH
City Clerk
i
i
ORDINANCE NO. 1203
AN ORDINANCE OF THE CITY OF PALM SPRINGS
CALIFORNIA, APPROVING AND ADOPTING THE
REDEVELOPMENT PLAN FOR THE SOUTH PALM
CANYON REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Palm Springs
has received from the Community Redevelopment Agency of 'the
City of Palm Springs (the "Agency") the proposed Redevelop-
ment Plan (the "Redevelopment Plan") for the South Palm
Canyon Redevelopment Project (the "Project") , as approved
by the Agency, a copy of which is on file at the office of
the Agency at 161 S. Civic Drive, Suite 6, Palm Springs,
California, and at the office of the City Clerk, City Hall,
3200 Tahquitz-McCallum Way, Palm Springs, California,
together with the Report of the Agency, including the
reasons for the selection of the Project Area, a descrip-
tion of the physical, social and economic conditions exist-
ing in the Project Area, the proposed method of financing
the redevelopment of the Project Area, a plan for the relo-
cation of business owners and tenants who may be temporarily
or permanently displaced from the Project Area, an analysis
of the Preliminary Plan, the report and recommendations of
the Planning Commission of the City of Palm Springs (the
"Planning Commission") , a summary of meetings with Project
Area residents, an environmental impact report on the Rede-
velopment Plan, and the,report of the County Fiscal Officer
and the Agency ' s analysis thereof; and
WHEREAS, the Planning Commission has submitted to the
Council its report and recommendations for approval of the
Redevelopment Plan and its certification that the Redevelop-
ment Plan conforms to the General Plan for the City of
Palm Springs; and
WHEREAS , the Council and the Agency held a joint public
hearing on November 23 , 1983, on adoption of the Redevelop-
ment Plan and on certification of the Final Environmental
Impact Report on the Redevelopment Plan, in the City
Council Chambers, City Hall, 3200 Tahquitz-McCallum Way,
Palm Springs, California; and
WHEREAS, a notice of said hearing was duly and regu-
larly published in the Desert Sun, a newspaper of general
circulation in the City of Palm Springs, once a week for
five successive weeks prior to the date of said hearing,
and a copy of said notice and affidavit of publication are
on file with the City Clerk and the Agency; and
WHEREAS, copies of the notice of joint public hearing
were mailed by certified mail with return receipt requested
to the last known address of each assessee, as shown on the
last equalized assessment roll of the County of Riverside,
of each parcel of land in the proposed Project Area; and
WHEREAS, each assessee in the Project Area was sent a
separate statement, attached to the notice of joint public
hearing, that his property may be subject to acquisition by
purchase or condemnation under the provisions of the Rede-
velopment Plan; and
WHEREAS, copies of the notice of joint public hearing
were mailed by certified mail with return receipt requested
to the governing body of each taxing agency which receives
taxes from property in the Project Area; and
WHEREAS, the Agency has prepared and submitted a
program for the relocation of persons and businesses who
may be displaced as a result of •arrying out the Project in
accordance with the Redevelopmei Plan; and
ordinance 1203
WHEREAS, the Council has general knowledge of the con-
ditions existing in the Project Areat and of the availability
of suitable housing in the City for the relocation of fami-
lies and persons who may be displaced by the . Project, and
in the light of such knowledge of local housing conditions,
has carefully considered and reviewed such program for
relocation; and-
WHEREAS, the Council has considered the report and
recommendations of the Planning Commission, the report of
the Agency, the Redevelopment Plan and its economic feasi-
bility, the feasibility of the relocation program and the
Environmental Impact Report, has provided an opportunity
for all persons to be heard and has received and considered
all evidence and testimony presented for or against any and
all aspects of the Redevelopment Plan; and
WHEREAS, the Agency and Council have reviewed and con-
sidered the Environmental Impact Report for the Redevelop-
ment Plan, prepared and submitted pursuant to Public
Resources Code Section 21151 and Health and Safety Code
Section 33352, and certified the completion of said
Environmental Impact Report on November 23, 1983, by Agency
Resolution No. 178 and Council Resolution No. 14793 ;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That the purpose and intent of the City
Council with respect to the Project ,,%rea is to accomplish
the following :
a. The elimination of environmental deficiencies in
the Project Area, including , among others , small and irregu-
lar lots, obsolete and aged building types, substandard
alleys and deteriorated and inadequate public improvements.
b. The assembly of land into parcels suitable for
modern, integrated development with improved pedestrian and
vehicular circulation in the Project Area.
C. The replanning , redesign and development of
undeveloped areas which are stagnant or improperly utilized, including
the abandoned dumpsite at the northeast corner of Ramon and Bogie Roads.
d. The strengthening of retail, and other commercial
functions in the area.
e. The strengthening of the economic base of the
Project Area and the community by the installation of needed
site improvements to stimulate new light industry and commerrcial
expansion, employment and economic growth.
f. The provision of adequate land for parking and
open spaces.
g. The establishment and implementation of perfor-
mance criteria to assure high site design standards and
environmental quality and other design elements which pro-
vide unity and integrity to the entire Project.
h. The alleviation of traffic hazards and congestion
through the construction of various street improvements as identified
on the City s General Plan.
i. The establishment of financial mechanisms to
assist in the development of an auto sales center and other light
industrial and commercial development.
j . The provisions of necessary public improvements,
including but not limited to flood control facilities, to
correct existing defici �cies.
Ordinance 1203
Section 2. The Council hereby finds and determines
that:
a. The Project Area is a blighted area, the rede-
velopment of which is necessary to effectuate the public
purposes declared in the California Community Redevelopment
Law (Health and Safety Code Section 33000 et seq. ) . This
finding is based upon the following conditions which charac-
terize the Project Area :
(1) The existence of unfit or unsafe buildings
and structures due to age , obsolescence , or mixed. character.
(2) The existence of properties which suffer
from deterioration and disuse because of: inadequate public
improvements, facilities and utilities, including inadequate
and insufficient traffic circulation, parking, drainage,
sidewalks, curbs, gutters and traffic signals, which cannot
be remedied with private or governmental action without
redevelopment;
(3) The existence of properties wnich suffer
from economic dislocation, deterioration and disuse result-
ing from faulty planning;
(4) A lack of proper utilization of property,
resulting in a stagnant and unproductive condition of land
potentially useful and valuable; and
I It is further found and determined that such con-
ditions are causing and will increasingly cause a reduction
and lack of proper utilization of the area to such an extent
that it constitutes a serious physical, social and economic
burden on the City, which cannot reasonably be expected to
be reversed or alleviated by private enterprise acting
alone, requiring redevelopment in the interest of the
health, safety and general welfare of the people of the
City and the State. This finding is based on the fact that
governmental action available to the City without redevelop-
ment would be insufficient to cause any significant correc-
tion of the blighting conditions, and that the nature and
costs of the public improvements and facilities required to
correct the blighting conditions are beyond the capacity of
the CAy and cannot be undertaken or borne by private enter-
prise, acting alone or in concert with available govern-
mental action.
b. The Redevelopment Plan will redevelop the Project
Area in conformity with the Community Redevelopment Law and
in the interests of the public peace, health, safety and
welfare. This finding is based upon the fact that redevel-
opment of the Project Area will implement the objectives of
the Community Redevelopment Law by aiding in the elimination
and correction of the conditions of blight, providing for
planning , development, redesign, clearance , reconstruction
or rehabilitation of properties which need improvement, and
providing for higher economic utilization of potentially
useful land.
c. The adoption and carrying out of the Redevelopment
Plan is economically sound and feasible. This finding is
based on the fact that under the Redevelopment Plan no
public redevelopment activity will be undertaken unless the
Ordinance 1203
Agency can demonstrate that it has adequate revenue to
finance the activity.
d. The Redevelopment Plan conforms to the General
Plan of the City of Palm Springs. This finding is based on
the finding of the Planning Commission that the Redevelop-
ment Plan conforms to the General Plan for the City of Palm
Springs.
e. The carrying out of the Redevelopment Plan will
promote the public peace, health, safety and welfare of the
City of Palm Springs and will effectuate the purposes and
policy of the Community Redevelopment Law. This finding is
based on the fact that redevelopment will benefit the
Project Area by correcting conditions of blight and by
coordinating public and private actions to stimulate
development and improve the economic, social and physical
conditions of the Project Area.
f. The condemnation of real property, as provided
for in the Redevelopment Plan, is necessary to the execution
of the Redevelopment Plan, and adequate provisions have
been made for the payment for property to be acquired as
provided by law. This finding is based upon the need to
ensure that the provisions of the Redevelopment Plan will
be carried out and to prevent the recurrence of blight.
g. The Agency has a feasible method and plan for the
relocation of families and persons who might be displaced,
temporarily or permanently, from housing facilities in the
Project Area. This finding is based upon the fact that the
Redevelopment Plan provides for relocation assistance
according to law and the fact that no residential displace-
ment is contemplated.
h. There are, or are being provided, within the
Project Area or within other areas not generally less
desirable with regard to public utilities and public and
commercial facilities and at rents or prices within the
financial means of the families and persons who might be
displaced from the Project Area , decent, safe and sanitary
dwellings equal in number to the number of and available to
such displaced families and persons and reasonably acces-
sible to their places of employment. This finding is based
upon the fact that no person or famiJ_y will be required to
move from any dwelling unit until suitable replacement
housing is available.
i. Inclusion of any lands, buildings or improvements
which are not detrimental to the pub.Lic health, safety or
welfare is necessary for the effective redevelopment of the
entire area of which they are a part , and any such area is
not included for the purpose of obtaining the allocation of
tax increment revenues from such area pursuant to Sec-
tion 33670 of the Community Redevelopment Law without other
substantial justification for its inclusion. This finding
is based upon the fact that the boundaries of the Project
Area were chosen as a unified and consistent whole to
include lands that were underutilized because of blighting
influences, or affected by the existence of blighting
influences, and land uses significantly contributing to the
conditions of blight, whose inclusion is necessary to
accomplish the objectives and benefits of the Redevelopment
Plan.
Ordinance 1203
j . The elimination of blight and the redevelopment
of the Project Area could not reasonably be expected to be
accomplished by private enterprise acting alone without the
aid and assistance of the Agency. This finding is based
upon the existence of blighting influences, including the
lack of adequate public improvements and facilities, and
the inability of individual developers to economically
remove these blighting influences without substantial public
assistance in providing adequate public improvements and
facilities, the inability of low- and moderate-income
persons to finance needed improvements and the inadequacy
of other governmental programs and financing mechanisms to
eliminate the blight including the provision of necessary
public improvements and facilities.
k. The Redevelopment Plan for the Project Area will
afford the maximum opportunity, consistent with the sound
needs of the City as a whole, for the redevelopment of such
area by private enterprise.
1. The Redevelopment Plan contains adequate safe-
guards so that the work of redevelopment will be carried
out pursuant to the Redevelopment Plan, and it provides for
the retention of controls and the establishment of restric-
tions and covenants running with the land sold or leased
for private use for periods of time and under conditions
:specified in the Redevelopment Plan, which this Council
deems necessary to effectuate the purposes of the Community
Redevelopment Law.
Section 3. The Council is satisfied that permanent
housing facilities will be available within three years
' from the time occupants of the Project Area are displaced,
:if any, and that pending the development of such facilities,
there will be available to any such displaced occupants
temporary housing facilities at rents comparable to those
in the City of Palm Springs at the time of their displace-
ment. No persons or families of low- or moderate income
shall be displaced from residences unless and until there
are suitable housing units available and ready for occupancy
by such displaced persons or families at rents comparable
to those at the time of their displacement. Such housing
units shall be suitable to the needs of such displaced
persons or families and must be decent, safe, sanitary and
otherwise standard dwellings. The Agency shall not displace
any such persons or families until such housing units are
available and ready for occupancy.
Section 4 . The Council is convinced that the effect
of tax increment financing will not cause a severe financial
burden or detriment on any taxing agency deriving• revenues
from the Project Area.
Section 5. Written objections to the Redevelopment
Plan filed with the City Clerk before the hour set for
hearing and all oral objections presented to the Council at
the hearing having been considered are hereby overruled.
Section 6. That certain document entitled "Redevelop-
ment Plan for the, South Palm Canyon Redevelopment Project
Area, " the maps contained therein and such other reports as
are incorporated therein by reference, a copy of which is
on file in the office of the City Clerk , having been duly
reviewed and considered, is hereby incorporated in this
Ordinance by reference and made a part hereof, and as so
incorporated , is hereby designated, approved and adopted as
the official "Redevelopment Plan for the South Palm Canyon
Redevelopment Project Area. "
Ordinance 1203
Section 7 . In order to implement and facilitate the
effectuation of the Redevelopment Plan hereby approved,
this Council hereby (a) ; pledges its cooperation in helping
to carry out the Redevelopment Plan, (b) requests the
various officials, departments, boards and agencies of the
City having administrative responsibilities in the Project
Area likewise to cooperate to such end and to exercise their
respective functions and powers in a manner consistent with
the redevelopment of the Project Area, (c) stands ready to
consider and take appropriate action upon proposals and
measures designed to effectuate the ]redevelopment Plan, and
(d) declares its intention to undertake and complete any
proceeding necessary to be carried out by the City under
the provisions of the Redevelopment Plan.
Section B. The City Clerk is'' hereby directed to send
a certified copy of this Ordinance to the Agency whereupon
the Agency is vested with the responsibility for carrying
out the Redevelopment Plan.
Section 9. The City Clerk is hereby directed to record
with the County Recorder of Riverside County a description
of the land within the Project Area and a statement tnat
proceedings for the redevelopment of the Project Area have
been instituted under the Community Redevelopment Law.
Section 10. The City Clerk is hereby directed to
transmit a copy of the description and statement recorded
by the Clerk pursuant to Section 9 of this Ordinance, a
copy of, this Ordinance and a map or plat indicating the
boundaries of the Project Area, to the auditor and assessor
of the County of Riverside, to the governing oody of each
of the taxing agencies which receives taxes from property
in the Project Area and to the State Board of Equalization.
Section 11. EFFECTIVE DATE. This Ordinance shall be
in full force and effect thirty (30) days after passage.
Section 12. PUBLICATION. The City Clerk is hereby
ordered and directed to certify to the passage of this
Ordinance and to cause the same to be published once in the
Desert Sun, a daily newspaper of general circulation, pub-
lished and circulated in the City of Palm Springs,
California.
Section 13. SEVERABILITY. If any part of this
Ordinance or the Redevelopment Plan which it approves is
held to be invalid for any reason, such decision shall not
affect the validity of the remaining portion of this
Ordinance or of the Redevelopment Plan, and this Council
hereby declares that it would have passed the remainder of
this Ordinance or approved the remainder of: the Redevelop-
ment Plan if such invalid portion thereof had been deleted.
ADOPTED this 30th day of November 1983
AYES: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: CITY OF (PALM SPRINGS
PALM SPRINGS, CALIFORNIA--
�L-/— City Clerk Mayor /
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1203 was duly adopted by the
City Council of the City of Palm Springs, California in a meeting held on
November 30, 1983, and that same was published in THE DESERT SUN, a newspaper
Of general circulation, on December 5, 1983.
5JUDITH SUMICH
City Clerk
ORDINANCE NO. 1204
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 9230.00 TO THE
ZONING ORDINANCE ESTABLISHING A NEW ZONE
DESIGNATION, C-C (CIVIC CENTER) ZONE
INCLUDING PERMITTED USES AND DEVELOPMENT
STANDARDS, AND FURTHER GRANTING A CHANGE
OF ZONE FROM G-R-5 (GUEST RANCH) TO C-C
FOR PROPERTY GENERALLY BETWEEN BARISTO
ROAD/LIVMOR AVENUE EXTENDED AND EL CIELO
ROAD/CIVIC DRIVE, SECTION 13.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 9320.00, et seq. , is hereby added to the Zoning Ordinance
establishing a new Civic Center Zoning District and standards, and reading as
follows:
SECTION 9230.00 CIVIC CENTER DISTRICT ZONE (CC)
The CC District Zone is intended for the Civic Center district to
accommodate governmental uses, facilities, services and incidental uses
necessary to support governmental facilities.
SECTION 9230.01 USES PERMITTED
A. USES PERMITTED
1. Governmental facilities.
2. Public parking areas, not as an accessory to uses permitted
in this zone pursuant to Section 9306.00.
3. Public parks.
4. Non-profit uses.
5. Museums and cultural uses.
6. Accessory structures and uses customarily incident to the
above uses and located on the same lot therewith.
B. SIMILAR USES PERMITTED BY COMMISSION DETERMINATION
The Commission may, by resolution of record, permit any other uses
which it may determine to be similar to these listed above and not more
abnoxious or detrimental to the public health, safety and welfare as
other uses permitted in the zone as providled for Section 9401.00.
C. USES PERMITTED BY CONDITIONAL USE PERMIT
1. Child Care Center.
2. Restaurants.
3. Residential development subject to the standards of the R-3
Zone.
4. Offices.
SECTION 9230.02 USES PROHIBITED
Any use not expressly permitted by subsections A, B, or C above is
prohibited.
SECTION 9202.03 PROPERTY DEVELOPMENT STANDARDS
The following property development standards shall apply to all land and
buildings in the Civic Center Zone.
Ord No. 1204
Page 2
A. LOT AREA.
No minimum area.
B. LOT DIMENSIONS.
No minimum.
C. DENSITY.
Residential development consistent with the goals of the General
Plan Housing Element shall conform to the standards of the R-3 Zone.
D. Building Height.
1. Building and structures erected in this zone shall have a
height not greater than thirty (30) feet, except as provided below.
2. Exceptions.
a. Permitted rejections above buildingheight limit: The
provisions of Section 9303.00 shall apply.
b. When C-C zoned property directly abuts R-1 zoned property,
all structures within one hundred-fifty (150) feet of the R-1 property
line shll have a height not to exceed fifteen (15) feet.
E. YARDS
1. Front Yard.
Each lot shall have a yard adjacent to any street of not less
than twenty five (25) feet.
2. Side and Rear Yard.
No requirement unless adjacent to residential use or zoning
wherein a twenty (20) foot building setback shall be required.
3. Exceptions.
Residential uses shall conform to the standards of the R-3
Zone.
F. Walls, Fences and Landscaping.
The provisions of Section 9302.00 shall apply with the following
exception:
Walls in excess of 6' , in conjunction with governmental facili-
ties, may be approved by the Planning Commission.
G. Coverage.
INo requirement.
H. Access.
The provisions of Section 9305.00 shall apply.
I . Off-street Loading.
The provisions of Section 9307.00 shall apply.
Ord No. 1204
Page 3
K. Signs.
The provisions of the sign ordinance shall apply.
L. Antennae.
The provisions of the Municipal Code shall apply.
SECTION 2. The Zoning Map is hereby amended from G-R-5 (Guest Ranch) to C-C
(Civic Center) for property hereinabove described and as shown on Exhibit "A"
attached and made a part hereof.
ADOPTED this 7th day of December 1983.
AYES: Councilmembers Doyle, Poster, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST- CITY OF PALM SPRINGS, CALIFORNIIk
� j
By
City Clerk Mayor :
REVIEWED & APPROVED:-/AOt4 _
***Not published within 15 days***
WP/C2
n..p
Y
_ % .• , rye
ORDINANCE NO. 1204
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 9230.00 TO THE
ZONING ORDINANCE ESTABLISHING A NEW ZONE
DESIGNATION, C-C (CIVIC CENTER) ZONE
INCLUDING PERMITTED USES AND DEVELOPMENT
STANDARDS, AND FURTHER GRANTING A CHANGE
OF ZONE FROM G-R-5 (GUEST RANCH) TO C-C
FOR PROPERTY GENERALLY B17TWEEN BARISTO
ROAD/LIVMOR AVENUE EXTENDED AND EL CIELO
ROAD/CIVIC DRIVE, SECTION 13.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 9320.00, et seq. , is hereby added to the Zoning Ordinance
establishing a new Civic Center Zoning District and standards, and reading as
follows:
SECTION 9230.00 CIVIC CENTER DISTRICT ZONE (CC)
The CC District Zone is intended for the Civic Center district to
accommodate governmental uses, facilities, services and incidental uses
necessary to support governmental facilities.
SECTION 9230.01 USES PERMITTED
A. USES PERMITTED
1. Governmental facilities. '
2. Public parking areas, not as an accessory to uses permitted
in this zone pursuant to Section 9306.00.
3. Public parks.
4. Non-profit uses.
5. Museums and cultural uses.
6. Accessory structures and uses customarily incident to the
above uses and located on the same lot therewith.
B. SIMILAR USES PERMITTED BY COMMISSION DETERMINATION
The Commission may, by resolution of record, permit any other uses
which it may determine to be similar to these listed above and not more
abnoxious or detrimental to the public health, safety and welfare as
other uses permitted in the zone as provided for Section 9401.00.
C. USES PERMITTED BY CONDITIONAL USE PERMIT
1. Child Care Center.
2. Restaurants.
3. Residential development subject to the standards of the R-3
Zone,
4. Offices.
SECTION 9230.02 USES PROHIBITED
Any use not expressly permitted by subsections A, B, or C above is
prohibited.
SECTION 9202.03 PROPERTY DEVELOPMENT STANDARDS
The following property development standards shall apply to all land and
buildings in the Civic Center Zone.
L-
Ord No. 1204
Page 2
A. LOT AREA.
No minimum area.
' B. LOT DIMENSIONS.
No minimum.
C. DENSITY.
Residential development consistent with the goals of the General
Plan Housing Element shall conform to the standards of the R-3 Zone.
D. Building Height.
1. Building and structures erected in this zone shall have a
height not greater than thirty (30) feet, except as provided below.
2. Exceptions.
a. Permitted projections above buildingheight limit: The
provisions of Section 9303.0 shalT app y.
b. When C-C zoned property directly abuts R-1 zoned property,
all structures within one hundred-fifty (150) feet of the R-1 property
line shll have a height not to exceed fifteen (15) feet.
E. YARDS
1. Front Yard.
Each lot shall have a yard adjacent to any street of not less
than twenty five (25) feet.
2. Side and Rear Yard.
No requirement unless adjacent to residential use or zoning
wherein a twenty (20) foot building setback shall be required.
3. Exceptions.
Residential uses shall conform to the standards of the R-3
Zone.
F. Walls, Fences and Landscaping.
The provisions of Section 9302.00 shall apply with the following
exception:
Walls in excess of 6' , in conjunction with governmental facili-
ties, may be approved by the Planning Commission.
G. Coverage.
No requirement.
H. Access.
The provisions of Section 9305.00 shall apply.
I . Off-street Loading.
The provisions of Section 9307.00 shall apply.
Ord No. 1204
Page 3
K. Signs.
The provisions of the sign ordinance shall apply.
L. Antennae. I
The provisions of the Municipal Code shall apply.
SECTION 2. The Zoning Map is hereby amended from G-R-5 (Guest Ranch) to C-C
(Civic Center) for property hereinabove described and as shown on Exhibit "A"
attached and made a part hereof.
ADOPTED this loth day of January - 19$4.
AYES: Councilmembers Doyle, Foster, Maryanov, Smith
NOES. None
ABSENT: Mayor Bogert
ATTES-T: v r CITY OF PALM SPRINGS, CALLFflRNIA
By
City Clerk Mayor
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing ordinance 1204 was duly adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on the
loth day of January, 1984 and that same was published in THE DESERT SUN, a news- '
paper of general circulation on January 19, 1984.
/TUDITH SUMICH
City Clerk
WP/C2
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ZONING AND VICINITY
EXHIBIT "A"
CITY OF PALM SPRINGS
E NO. 5.0297-CZ/ZTA APPROVED BY PLAN. COMM. DATE
LICANT City of Palm Springs APPROVED BY COUNCIL DATE 12/7/83
}o't^ Opt) No TRF I NO
ORDINANCE NO. 1205
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CERTAIN SECTIONS OF
THE MUNICIPAL CODE CONCERNING MANDATORY
SEWER CONNECTION.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS '
FOLLOWS:
SECTION 1. Section 11.72.105 is hereby added to the Palm Springs Municipal Code
as follows: '
11.72.105 Sewer connection. The use or occupation of any building
not connected to a sewer as required by Chapter 15.14 is a public
nuisance.
SECTION 2. Section 15.14.040 of the Palm Springs Municipal Code is hereby
amended to read as follows:
15.14.040 Unlawful to occupy. The use or occupation of any
building not connected to a sewer as required by this Chapter is
unlawful and a public nuisance.
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 December 1983.
AYES: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
y erk -- =� Mayor
REVIEWED & APPROVED:
***Not published within 15 days***
WP/C2
Y
ORDINANCE NO. 1205
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CERTAIN SECTIONS OF
THE MUNICIPAL CODE CONCERNING MANDATORY
SEWER CONNECTION.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 11.72.105 is hereby added to the Palm Springs Municipal Code
as follows:
11.72.105 Sewer connection. The use or occupation of any building
not connected to a sewer as required by Chapter 15.14 is a public
nuisance.
SECTION 2. Section 15.14.040 of the Palm Springs Municipal Code is hereby
amended to read as follows:
15.14.040 Unlawful to occupy. The use or occupation of any
building not connected to a sewer as required by this Chapter is
unlawful and a public nuisance.
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 loth day of January 1984.
AYES: Councilmembers Doyle, Foster, Maryanov, Smith
NOES: None
ABSENT: Mayor Bogert
ATTEST: CITY OF PALM SPRINGS CALIFORNIA
By C - ---�
City Clerk - > Mayor
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1205 was duly adopted by the
City Council of the City of Palm Springs, California in a meeting thereof held
on the loth day of January, 1984 and that same was published in THE DESERT SUN,
a newspaper of general circulation on January 19, 1984.
� � z
1 JUDITH SUMICH
City Clerk
WP/C2
ORDINANCE NO. 1-206
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, TO AMEND ORDINANCE NO. 351
IMPOSING A SALES AND USE TAX TO BE
ADMINISTERED BY THE STATE BOARD OF
EQUALIZATION.
THE CITY COUNCIL OF THE CITY OF PALM SPRRINGS, CALIFORNIA, DOES
ORDAIN, AS FOLLOWS:
SECTION 1 . Section 4 of Ordinance No. 351 is amended by amending
subparagraph (4.5) of paragraph (b) thereof to read:
(4.5) There shall be excluded from the gross receipts
by which the tax is measured:
(i ) The amount of any sales or use tax imposed
by the State of California upon a retailer or
consumer.
(ii ) The gross receipts from the sale of tangible
personal property to operators of aircraft to be
used or consumed principally outside the City in
which the sale is made and directly and exclusively
in the use of such aircraft as common carriers
of persons or property under the authority of the
laws of this state, the United States, or any foreign
government. '
SECTION 2. Section 5 of Ordinance No. 351i is amended by amending
subparagraph (3.5) of paragraph (b) thereof to read:
(3.5) There shall be exempt from the tax due- under
this section:
(i ) The amount of any sales or use tax imposed
by the State of California upon a retailer or
consumer.
(ii ) The storage, use or other consumption of
tangible personal property, the gross receipts
from the sale of which has been subject to sales
tax under a sales and use tax ordinance enacted
in accordance with Part I .5 of Division 2 of the
Revenue and Taxation Code by any city and county,
county, or city in this state.
(iii ) In addition to the exemptions provided in
Sections 6366 and 6366.1 of the Revenue and Taxation
Code, the storage, use, or other consumption of
tangible personal property purchased by operators
of aircraft and used or consumed by such operators
directly and exclusively in the use of such aircraft
as common carriers of persons or property for hire
or compensation under a certificate of public
convenience and necessity issued pursuant to the
laws of this state, the United States, or any foreign
government.
Ord. No. 1-206
Page 2
SECTION 3. Section 4, paragraph (b), subparagraph (4.5) of
Ordinance No. 351 , as amended by Section 1 of this ordinance,
is amended to read:
(4.5) There shall be excluded from the gross receipts
by which the tax is measured:
(i ) The amount of any sales or use tax imposed
by the State of California upon a retailer or
consumer.
(ii ) The gross receipts from the sale of tangible
personal property to operators of waterborne vessels
to be used or consumed principally outside the
city in which the sale is made and directly and
exclusively in the carriage of persons or property
in such vessels for commercial purposes.
(iii ) The gross receipts from the sale of tangible
personal property to operators of aircraft to be
used or consumed principally outside the city in
which the sale is made and directly and exclusively
in the use of such aircraft as common carriers
of persons or property under the authority of the
laws of this state, the United States, or any foreign
government.
SECTION 4. Section 5, paragraph (b), subparagraph (3.5) of
Ordinance No. 351, as amended by Section 2 of this ordinance,
is amended to read:
(3.5) There shall be exempt from the tax due under
this section:
(i ) The amount of any sales or use tax imposed
by the State of California upon a retailer or
consumer.
(ii ) The storage, use or other consumption of
tangible personal property, the gross receipts
from the sale of which has been subject to sales
tax under a sales and use tax ordinance enacted
in accordance with Part 1 .5 of Division 2 of the
Revenue and Taxation Code by any city and county,
county, or city in this state.
(iii ) The storage, use or other consumption of
tangible personal property purchased by operators
of waterborne vessels and used or consumed by such
operators directly and exclusively in the carriage
of persons or property in such vessels for commercial
purposes.
(iv) In addition to the exemptions provided in
Sections 6366 and 6366.1 of the Revenue and Taxation
Code, the storage, use, or other consumption of
tangible personal property purchased by operators
of aircraft and used or consumed by such operators
Ord. No. 1206
Page 3
directly and exclusively in the use of such aircraft
as common carriers of persons or property for hire
or compensation under a certificate of public
convenience and necessity issued pursuant to the
laws of this state, the United States, or any foreign
government.
SECTION 5. Sections 1 and 2 of this ordinance shall be operative
January 1 , 1984.
SECTION 6. Sections 3 and 4 of this ordinance shall be operative
on the operative date of any act of the Legislature of the State
of California which amends or repeals and re-enacts Section
7202 of the Revenue and Taxation Code to provide an exemption
from city sales and use taxes for operators of waterborne vessels
in the same, or substantially the same, language as that existing
in subdivisions (i ) (7) and (i ) (8) of Section 7202 of the Revenue
and Taxation Code as those subdivisions read on October 1 , 1983.
ADOPTED this 13thday of December 1983.
AYES: Councilmembers Foster, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: Councilmember Doyle
ATTEST: CITY OF PALM SPR-1,NGS, CALIFORNIA
City Clerk Mayor
REVIEWED & APPROVED
***Not published within 15 days***
ORDINANCE NO. 1206
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, TO AMEND ORDINANCE NO. 351
IMPOSING A SALES AND USE TAX TO BE
ADMINISTERED BY THE STATE BOARD OF
EQUALIZATION.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN, AS FOLLOWS:
SECTION 1 . Section 4 of Ordinance No. 351 is amended by amending
subparagraph (4.5) of paragraph (b) thereof to read:
(4.5) There shall be excluded from the gross receipts
by which the tax is measured:
(i ) The amount of any sales or use tax imposed
by the State of California upon a retailer or
consumer.
(ii ) The grass receipts from the sale of tangible
personal property to operators of aircraft to be
used or consumed principally outside the City in
which the sale is made and directly and exclusively
in the use of such aircraft as common carriers
of persons or property under the authority of the
laws of this state, the United States, or any foreign
government.
SECTION 2. Section 5 of Ordinance No. 351 is amended by amending
subparagraph (3.5) of paragraph (b) thereof to read:
(3.5) There shall be exempt from the tax due under
this section:
(i ) The amount of any sales or use tax imposed
by the State of California upon a retailer or
consumer.
(ii ) The storage, use or other consumption of
tangible personal property, the gross receipts
from the sale of which has been subject to sales
tax under a sales and use tax ordinance enacted
in accordance with Part 1 . 5 of Division 2 of the
Revenue and Taxation Code by any city and county,
county, or city in this state.
(iii ) In addition to the exemptions provided in
Sections 6366 and 6366.1 of the Revenue and Taxation
Code, the storage, use, or other consumption of
tangible personal property purchased by operators
of aircraft and used or consumed by such operators
directly and exclusively in the use of such aircraft
as common carriers of persons or property for hire
or compensation under a certificate of public
convenience and necessity issued pursuant to the
laws of this state, the United States, or any foreign
government.
Ord. No. 1206
Page 2
SECTION 3. Section 4, paragraph (b) , subparagraph (4.5) of
Ordinance No. 351 , as amended by Section 1 of this ordinance,
is amended to read:
(4.5) There shall be excluded from the gross receipts
by which the tax is measured:
(1 ) The amount of any scales or use tax imposed
by the State of California upon a retailer or
consumer.
(ii ) The gross receipts from the sale of tangible
personal property to operators of waterborne vessels
to be used or consumed principally outside the
city in which the sale is made and directly and
exclusively in the carriage of persons or property
in such vessels for commercial purposes.
(iii ) The gross receipts From the sale of tangible
personal property to operators of aircraft to be
used or consumed principally outside the city in
which the sale is made and directly and exclusively
in the use of such aircraft as common carriers
of persons or property under the authority of the
laws of this state, the United States, or any foreign
government.
SECTION 4. Section 5, paragraph (b)„ subparagraph (3.5) of
Ordinance No. 351, as amended by Section 2 of this ordinance,
is amended to read:
(3.5) There shall be exempt from the tax due under
this section:
(i ) The amount of any sales or use tax imposed
by the State of California upon a retailer or
consumer.
(ii) The storage, use or other consumption of
tangible personal property, the gross receipts
from the sale of which has been subject to sales
tax under a sales and use tax ordinance enacted
in accordance with Part 1 . 5 of Division 2 of the
Revenue and Taxation Code by any city and county,
county, or city in this state.
(iii) The storage, use or other consumption of
tangible personal property purchased by operators
of waterborne vessels and used or consumed by such
operators directly and exclusively in the carriage
of persons or property in such vessels for commercial
purposes.
(iv) In addition to the exemptions provided in
Sections 6366 and 6366.1 of the Revenue and Taxation
Code, the storage, use, or other consumption of
tangible personal property purchased by operators
of aircraft and used or consumed by such operators
Ord. No. 1206
Page 3
directly and exclusively in the use of such aircraft
as common carriers of persons or property for hire
or compensation under a certificate of public
convenience and necessity issued pursuant to the
laws of this state, the United States, or any foreign
government.
SECTION 5. Sections 1 and 2 of this ordinance shall be operative
January 1 , 1984.
SECTION 6. Sections 3 and 4 of this ordinance shall be operative
on the operative date of any act of the Legislature of the State
of California which amends or repeals and re-enacts Section
7202 of the Revenue and Taxation Code to provide an exemption
from city sales and use taxes for operators of waterborne vessels
in the same, or substantially the same, language as that existing
in subdivisions (i) (7) and (i ) (8) of Section 7202 of the Revenue
and Taxation Code as those subdivisions read on October 1 , 1983.
ADOPTED this __lati{lay of January , 198'4.
AYES: Cnclmembrs Doyle, Foster, Maryanov, Smith
NOES: None
ABSENT: Mayor Bogert
ATTES �j, CITY OF PALM SPRINGS, ORNIA
L� City Clerk Mayar,
REVIEWED & APPROVED
I HEREBY CERTIFY that the foregoing ordinance 1206 was duly adopted by the
City Council of the City of Palm Springs, California in a meeting thereof
held on the loth day of January, 1984, and that same was published in THE
DESERT SUN, a newspaper of general circulation, on Januar�yf19, 1984.
'D�
JUDITH SUM CI H
City Clerk
t
ORDINANCE NO. 1207
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 9229.00 (CENTRAL
BUSINESS DISTRICT ZONE) OF THE ZONING ORDINANCE
MAKING VARIOUS CHANGES AND ALTERATIONS TO THE
USES PERMITTED, USES PERMITTED BY CONDITIONAL
USE PERMIT AND USES PROHIBITED SUBSECTIONS,
AND ADDING A NEW CATEGORY OF USES REQUIRING
A LAND USE PERMIT INCLUDING A LIST OF SUCH USES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 9229.01.A: Uses Permitted is hereby amended to add the
following uses:
Brokerage House
Music Store
Picture Frames (retail and assembly only)
Plant Sales
Plazas (after Public Parks)
With Service as an accessory (after Radio, Television and Music
Shops)
Radio and Television Stations
Shoe Repair
Athletic Clubs (after slendorizing salons, health clubs)
Sporting Goods
Wine Shop
SECTION 2. Section 9229.01.A: Uses Permitted is hereby amended to delete the
following uses:
Art Schools
Automobile Showrooms ( indoor only)
Baths, Turkish
Blueprinting
Business Schools
Cocktail Lounges and Nightclubs, with or without dancing and
entertainment
and Food Stores (after delicatessen)
and Exchange (after Film and Camera Sales)
Laundry and Cleaning Pick-up
Outdoor Dining
Pet Sales
Pet Grooming
Private Clubs
Restaurants, Tea Rooms, and Cafes
Securities Exchange
Soda Fountains
Specialty Food Stores
Section 3. Section 9229.01.B is hereby amended to read "Uses Permitted by
Land Use Permit":
1. Indoor Uses
Art Schools
Automotive rental agencies as part of a resort hotel . In
addition to provisions of Section 9216.01-A relating to
automobile rental agencies, the following standards
shall apply:
Ord. No. 1207
Page 2
a. Standards prescribed in Section 9210.01-A-2,
Accessory Commercial Uses for Resort Hotels
shall be complied with.
b. Number of vehicles stored at the location shall
be limited to the number necessary to serve the
hotel only.
C. No service or repair facilities for the vehicles
shall be permitted at the hotel site.
d. Said use shall be permitted only if the hotel
contains an adequate number of parking spaces in
accordance with the provisions of the Zoning
Ordinance.
Baths
Bicycle Rental
Blueprinting
Catering in conjunction with permitted main use
Farmers market
Food Services and Restaurants, all types unless otherwise
regulated.
Festivals and Exhibits
Ice Cream Parlors
Nursery schools and day care centers
Sandwich shops
Soda Fountains
Specialty food and beverage (retail)
Take-out food service in conjunction with permitted main use
2. Outdoor Uses
Art displays
Artisans, Artists
Car shows
Farmers market
Fashion show
Festivals, Exhibits & Special Events
Florist
Musicians/Entertainment (subject to provisions of noise
ordinance)
Outdoor dining including beverage service
Plant sales and displays
Postcard displays
Theatre and public assembly
Section 4: Section 9229.01.0 is hereby added to read "Uses Permitted By
Conditional Use Permit" and includes the following uses:
USES PERMITTED BY CONDITIONAL USE PERMIT
Automobile parking lots and structures as a main use
1 Automobile service stations designed and constructed as an integral part of an automobile parking structure
Automobile showrooms (new or classic cars)
Beer gardens
Cocktail lounge and nightclubs with or without dancing and entertainment
discotheques
High rise building
Skating rinks
Lodges, meeting halls, private clubs
Tennis Courts (including racquetball and handball )
Time-share projects subject to the provisions of Zoning Ordinance Section
9315:00
Video amusement arcades as a secondary use in conjunction with a resort
hotel subject to the provisions of Section 9316.00
Ord. No. 1207
Page 3
Section 5: Section 9229.02, Uses Prohibited, is hereby amended to add the
following uses as prohibited:
USES PROHIBITED
Adult book stores, movies and entertainment establishments
Billiard parlors
Convenience food and sundries stores
Drive-in retail stores
Massage parlors except in conjunction with resort hotel
Pawn Shops
Tattoo. Parlors
Upholstery Shops
Walkaway foods unless specifically permitted
Section 6. Section 9229.02, Uses Prohibited, is, hereby amended to delete the
following use from the Prohibited Category:
Automobile Sales
Section 7. Section 9229.04.G Storage is hereby amended to "Storage and other
outdoor activity".
Section 8. Section 9229.04.G is hereby amended Lo add:
5. Activities and uses outlined in Section 9229.01.B (Uses
Permitted by Land Use Permit) .
Section 9. Section 9100.09, Definitions, is hereby amended to include the
following new definitions:
9a. Adult Book Stores, Movies and Entertainment Establishments
shall mean any business which has as a substantial portion
of its stock-in-trade and offers for sale or viewing for
any form of consideration arty printed matter, photographic
or film depictions or devices or paraphernalia which
depict or are characterized by an emphasis upon the depic-
tion or description or engagement in specified sexual
activities or specified anatomical areas.
1) "Specified sexual activities," as used in this
chapter, means and includes any of the following:
a) The fondling or other intentional touching of
human genitals, pubic region, buttocks, anus, or
female breasts;
b) Sex acts, normal or perverted, actual or simu-
lated, including intercourse, oral copulation,
or sodomy;
c) Masturbation, actual or simulated; or
d) Excretory functions as part of or in connection
with any of the activities set forth in subdivi-
sions a through c of this subsection.
2) "Specified anatomical areas" as used herein means and
includes the following:
a) Less than completely and opaquely covered human
genitals, pubic region, buttocks, anus, or
female breasts below a point immediately above
the top of the areolae; or
Ord. No. 1207
Page 4
b) Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
43b. Convenience Food and Sundries Store shall mean a business
selling a limited range of food, beverage, drug goods,
hardware, house goods, auto products, and often including
ready to consume food and beverage products for
consumption off the premises.
Section 9. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 10. 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 December 1983.
AYES: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST. CITY OF PALM SPRINGS, CALIFORNIA� i
By� __ _
City Clerk Ma
REVIEWED & APPROVED:
***Not published within 15 days***
WP/C2